MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Boyd

Senate Bill 2061

AN ACT TO AMEND SECTIONS 75-75-101 THROUGH 75-75-123, MISSISSIPPI CODE OF 1972, TO TRANSFER THE POWERS AND RESPONSIBILITIES OF THE MISSISSIPPI ATHLETIC COMMISSION TO THE OFFICE OF THE SECRETARY OF STATE; TO AMEND SECTION 39-35-1, MISSISSIPPI CODE OF 1972, TO TRANSFER THE POWERS AND RESPONSIBILITIES OF THE MISSISSIPPI SESQUICENTENNIAL OF THE AMERICAN CIVIL WAR COMMISSION TO THE OFFICE OF THE SECRETARY OF STATE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 75-75-101, Mississippi Code of 1972, is amended as follows:

75-75-101. (1) Boxing, sparring and wrestling matches and exhibitions for percentage of gate receipts where an admission fee is charged are hereby allowed. All boxing, sparring and wrestling matches and exhibitions authorized herein shall be held under the supervision of and subject to the rules and regulations of the Mississippi Athletic Commission, and in strict compliance with the provisions of this article. No boxing or sparring match or exhibition shall exceed fifteen (15) rounds of three (3) minutes each, and the charge for each seat or ticket shall be left to the discretion of the commission.

(2) For the purposes of this chapter, "tough-man contest" and kickboxing competition shall be subject to the jurisdiction of the Mississippi Athletic Commission.

(3) On July 1, 2022, the Mississippi Athletic Commission shall be abolished and all powers, duties, responsibilities, funds, personnel, equipment, unexpended balances of any accounts or appropriations, of the Mississippi Athletic Commission shall be transferred to the Office of the Secretary of State. All references in the Mississippi Code of 1972 to the "Mississippi Athletic Commission" shall mean the Office of the Secretary of State. The Secretary of State may issue rules and regulations to effectuate the transfer of said functions and assets.

SECTION 2. Section 75-75-103, Mississippi Code of 1972, is amended as follows:

75-75-103. There is hereby created the Mississippi Athletic Commission, hereinafter referred to as the commission. The commission shall consist of three (3) members, each of whom shall be a qualified voter and at least thirty (30) years of age. The membership of the commission shall consist of a chairman of the commission and two (2) associate commissioners, appointed by the Governor. The chairman shall be appointed for a term of six (6) years, and one (1) associate commissioner for four (4) years and one (1) associate commissioner for two (2) years, and hereafter their respective successors shall be appointed for a term of six (6) years. They shall take the same oath of office and may be impeached and shall be commissioned as other state officers. Any commissioner who does not attend two (2) consecutive meetings of the commission shall be subject to removal by the Governor. The chairman shall notify the Governor in writing when any member has failed to attend two (2) consecutive meetings.

On July 1, 2022, the Mississippi Athletic Commission shall be abolished and all powers, duties, responsibilities, funds, personnel, equipment, unexpended balances of any accounts or appropriations, of the Mississippi Athletic Commission shall be transferred to the Office of the Secretary of State. All references in the Mississippi Code of 1972 to the "Mississippi Athletic Commission" shall mean the Office of the Secretary of State. The Secretary of State may issue rules and regulations to effectuate the transfer of said functions and assets.

SECTION 3. Section 75-75-105, Mississippi Code of 1972, is amended as follows:

75-75-105. The commission shall have a seal and shall have and is hereby vested with the sole direction, management, control and jurisdiction over all boxing, sparring and wrestling matches or exhibitions to be conducted, held or given within the State of Mississippi. The commission has full power and authority and it shall be its duty: (a) to make and publish rules and regulations governing the conduct of boxing, sparring and wrestling matches and exhibitions, the time and place thereof, and the prices charged for admission thereto; (b) to accept application for and, in its discretion, order a license or permit issued to promoters and participants of these events, and to revoke the license or permit; (c) to collect through the recorder of permits and licenses a fee of six percent (6%) of the gross receipts of every boxing, sparring or wrestling match or exhibition, and a reasonable fee not to exceed One Hundred Dollars ($100.00) for each annual license or permit issued to a boxer, wrestler, referee, judge, matchmaker, promoter, manager, trainer, second, director, or timekeeper; and (d) to revoke any license or permit when, in its judgment, the public welfare requires it. The commission is prohibited from issuing regulations which may be construed as granting a franchised or exclusive territory, and from the issuing of any type of monopolistic license or permit.

SECTION 4. Section 75-75-107, Mississippi Code of 1972, is amended as follows:

75-75-107. Each member of the commission shall receive per diem in accordance with Section 25-3-69 and shall be paid traveling expenses while engaged in the performance of his official duties in accordance with Section 25-3-41, including traveling expenses for attending the National Boxing Association Convention. The commissioners may pay all such national affiliation dues as may be existing against the Athletic Commission, as in their discretion, may be necessary, out of the funds collected by the recorder of permits and licenses, and on order and approval of the commission. The chairman of the commission shall be ex officio the recorder of permits and licenses and for his service as such shall receive an annual salary equal to Thirty-two Thousand Five Hundred Dollars ($32,500.00). The chairman shall not be deemed a state employee for purposes of qualifying for state-funded retirement, group insurance, or other fringe benefits.

SECTION 5. Section 75-75-109, Mississippi Code of 1972, is amended as follows:

75-75-109. The commission may appoint and remove at pleasure, such number of inspectors of athletics as in its judgment is necessary to aid in the proper discharge of its duties. Compensation may be paid an inspector as the commission may determine, but he shall be paid, when ordered to attend a match or exhibition, his actual traveling expenses in the same way and manner as expenses of members of the commission are paid. It shall be the duty of the commission, either by one (1) of its members or by a duly appointed inspector, to attend every boxing, wrestling or sparring match or exhibition held in the State of Mississippi. The commission may appoint and remove at pleasure, a secretary to the commission, who shall perform such duties as the commission may prescribe, and who shall keep a full, complete and up-to-date record of all proceedings of said commission, including all licenses and all sums collected, and make a report thereof to the State Auditor annually, on or before the fifteenth day of January in each year.

SECTION 6. Section 75-75-111, Mississippi Code of 1972, is amended as follows:

75-75-111. The commission shall maintain a general office for the transaction of its business at a place to be designated by the chairman. It may fix the salary of its secretary, subject to the approval of the State Personnel Board, which salary shall be paid by the recorder of permits and licenses on order and approval of the commission, out of any funds on hand, for which the recorder of permits and licenses is accountable to the State of Mississippi.

SECTION 7. Section 75-75-113, Mississippi Code of 1972, is amended as follows:

75-75-113. The recorder of permits and licenses shall give a bond in the sum of Five Thousand Dollars ($5,000.00) with a surety company authorized to do business in Mississippi, payable to the State of Mississippi, conditioned that he will faithfully account for and pay over to the State Treasurer all * * * ~~moneys~~ monies collected by him, less any disbursements or deductions authorized by law, and it shall be his duty to make a report of and pay into the State Treasury on or before the fifteenth day of January and July, in each year, all * * * ~~moneys~~ monies received after first paying all salaries, office rent, accounts and other expenditures authorized by law and approved by the commission.

SECTION 8. Section 75-75-114, Mississippi Code of 1972, is amended as follows:

75-75-114. All funds received by the Mississippi Athletic Commission, as established by Sections 75-75-103 et seq., from any source authorized by statute shall be paid to the State Treasurer, who shall issue receipts therefor and who shall deposit such funds in the State Treasury in a special fund to the credit of said commission. All such funds shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.

SECTION 9. Section 75-75-115, Mississippi Code of 1972, is amended as follows:

75-75-115. All contracts relating to the holding or staging of any boxing, wrestling, or sparring match or exhibition in Mississippi, or relating to any participation therein, shall contain a provision to the effect that all rules passed or adopted by the commission, either before or after the execution of the contract, shall be considered as a part of the contract, the same as if said rules were fully set out in the body of the instrument.

SECTION 10. Section 75-75-117, Mississippi Code of 1972, is amended as follows:

75-75-117. Any person who shall voluntarily engage in a pugilistic encounter, wrestling match or exhibition, for money or any other things of value, or for which an admission fee is charged, either directly or indirectly, or any person who shall be concerned directly or indirectly in the promotion of any boxing, wrestling, or sparring match or exhibition, or any person who acts or attempts to act as referee, judge, matchmaker, promoter, manager, trainer, director, second or timekeeper in connection with any boxing, wrestling or sparring match or exhibition in this state without first having obtained a license or permit from the commission, on conviction, shall be punished by imprisonment in the Penitentiary not less than one (1) year; or by fine not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00); or by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months; or by both such fine and imprisonment.

SECTION 11. Section 75-75-119, Mississippi Code of 1972, is amended as follows:

75-75-119. (1) Any person who shall willfully violate any rule or regulation passed or adopted by the Mississippi Athletic Commission shall be fined by the commission as follows:

(a) For boxer or wrestler, up to Five Hundred Dollars ($500.00) or up to twenty-five percent (25%) of contracted purse;

(b) For trainer, second or manager, up to Five Hundred Dollars ($500.00) or up to ten percent (10%) of contracted amount of the represented fighter;

(c) For promoter or director, up to Five Hundred Dollars ($500.00) or up to twenty-five percent (25%) of contracted amount of the highest two (2) combined bout purses during an event; and

(d) Referee, judge, timekeeper or matchmaker, up to Five Hundred Dollars ($500.00) or twenty-five percent (25%) of the contracted pay for that event.

(2) On July 1, 2022, the Mississippi Athletic Commission shall be abolished and all powers, duties, responsibilities, funds, personnel, equipment, unexpended balances of any accounts or appropriations, of the Mississippi Athletic Commission shall be transferred to the Office of the Secretary of State. All references in the Mississippi Code of 1972 to the "Mississippi Athletic Commission" shall mean the Office of the Secretary of State. The Secretary of State may issue rules and regulations to effectuate the transfer of said functions and assets.

SECTION 12. Section 75-75-121, Mississippi Code of 1972, is amended as follows:

75-75-121. All licenses and permits issued by the commission shall be on forms prescribed by the commission, which shall be furnished to the commission on its order at the expense of the state. All stamps, books and other incidentals used by the commission shall be paid for on order of the commission, by the recorder of permits and licenses, out of funds on hand, for which he is accountable to the State Treasurer.

SECTION 13. Section 75-75-123, Mississippi Code of 1972, is amended as follows:

75-75-123. Boxing, sparring and wrestling matches in colleges, universities or high schools shall be exempted from the jurisdiction of the commission herein created and shall be permitted and supervised by the governing body of such high school, college or university.

SECTION 14. Section 39-35-1, Mississippi Code of 1972, is amended as follows:

39-35-1. (1) The Mississippi Sesquicentennial of the American Civil War Commission (commission) is hereby established to prepare for and commemorate the Sesquicentennial, or One Hundred and Fiftieth anniversary, of Mississippi's participation in the American Civil War (April 1861-April 1865).

(2) The commission shall have a total membership of fifteen (15) members, or their designees, as follows: (a) the Executive Director of the Mississippi Development Authority; (b) the Executive Director of the Mississippi Department of Archives and History; (c) the State Superintendent of Public Education, or his designee; (d) the Manager of the Bureau of Film and Culture of the Mississippi Development Authority, Division of Tourism; (e) the President/Chairman of the Mississippi Historical Society; (f) the Chairman of the Mississippi Civil War Battlefield Commission; (g) the Director of the Brice's Crossroads Battlefield Commission; (h) the Director of the Vicksburg National Military Park; (i) the Director of the Battle of Shiloh-Battle of Corinth National Military Park; (j) the Director of the Grand Gulf Military Monument; (k) a representative of the Mississippi Tourism Association; (l) the National Park Service Administrator of Ship Island/Fort Massachusetts; (m) a citizen of Mississippi appointed by the Governor; (n) a member of the Mississippi Senate appointed by the Lieutenant Governor who shall serve in an ex officio nonvoting capacity; and (o) a member of the Mississippi House of Representatives appointed by the Speaker who shall serve in an ex officio nonvoting capacity.

(3) Ex officio members and legislative members of the commission shall serve terms coincident with their terms of office. Citizen members shall serve a term of four (4) years. Appointments to fill vacancies occurring for a reason other than the expiration of a term shall be for the remainder of the unexpired terms. Vacancies shall be filled in the same manner as the original appointments, and all members may be reappointed.

(4) The commission shall elect a chairman and vice chairman from among its membership. The commission may name five (5) of its members to constitute an executive committee, which shall act for the commission pursuant to its direction.

(5) The commission may appoint and establish an advisory council composed of citizens at large who have knowledge of American Civil War and Mississippi history and interest in its Sesquicentennial celebration, to assist the commission in its work.

(6) A majority of the members of the commission shall constitute a quorum. The meetings of the commission shall be held at the call of the chairman or whenever a majority of the members so request. No recommendation of the commission shall be adopted except by majority vote of the commission.

(7) Nonlegislative members of the commission shall receive no compensation for their services but may receive expense reimbursement and mileage for all reasonable and necessary expenses incurred in the performance of their duties as provided by law. Legislative members of the commission shall receive compensation applicable to committee meetings when the Legislature is not in session.

(8) The commission shall hire an executive director, and relevant support staff, to guide and support the actions of the commission. Employment shall not extend beyond the date of expiration of the commission and shall be subject to an annual review by the executive committee of the commission.

(9) The commission may solicit, accept, use and dispose of public or nonpublic funds, gifts, grants, donations, bequests or other funds or real or personal property for the purpose of aiding or facilitating the work of the commission. The commission may procure services, enter into contracts, leases or other legal agreements as it may deem necessary to carry out its duties as set forth in this section, but no contract or other legal agreement shall be entered into by the commission that extends beyond the date of expiration of the commission.

(10) The commission shall have the following powers and duties:

(a) Plan, develop and carry out educational, informational, new media/web-based programs and activities appropriate to commemorate the Sesquicentennial of the American Civil War, with emphasis on the military operations which occurred in the State of Mississippi;

(b) Encourage interdisciplinary examination of the American Civil War;

(d) Encourage civic, historical, educational, economic and other organizations throughout Mississippi to organize and participate in activities to expand the understanding and appreciation of the significance of the American Civil War;

(e) Provide technical and financial assistance to localities and nonprofit organizations to further the commemoration of the Sesquicentennial of the American Civil War;

(f) Develop programs and facilities to ensure that the Sesquicentennial commemoration of the American Civil War results in a positive legacy and long-term public benefit;

(g) Facilitate the development and conduct of programs designed to involve all citizens in activities that commemorate the American Civil War; and

(h) Submit to the Legislature and the Governor an annual report for publication of the work and activity of the commission no later than the first day of each regular session of the Legislature.

(11) The commission shall direct the Mississippi Department of Archives and History to enhance and expand Civil War markers across the state, along with all relevant educational and informational documentation necessary for the creation of a Civil War Trail, in advance of the initial celebration of the Sesquicentennial in Mississippi.

(12) All state agencies and universities shall provide technical assistance to the commission upon request.

(13) On July 1, 2022, the Mississippi Commission on the Sesquicentennial Celebration of the American Civil War shall be abolished, and all powers, duties, responsibilities, funds, personnel, equipment, unexpended balances of accounts or appropriated funds shall be transferred to the Office of the Secretary of State. Any reference to the Mississippi Commission on the Sesquicentennial of the American Civil War shall mean the Office of the Secretary of State.

SECTION 15. This act shall take effect and be in force from and after July 1, 2022.