SB 413 – WHERE IT STANDS AND HOW IT WORKS
- 03/12/2008 (1:17:33 pm)
- Rich Tate
Senate voted 49-6 approving Bill 413…
Memo to Promoters Operating or Intending to Operate within Georgia:
On March 11, 2008, the Senate voted 49-6, approving Senate Bill 413 as it relates to boxing, kickboxing, mixed martial arts, and professional wrestling. Within this article, you will find the text of SB 413 as it stands right now.
This does not mean that SB 413 is now law. According to this link, SB 413 passing the Senate only returns it to the House, whereas any amendments made by the Senate must be approved by the House. If the House concurs with the changes made, they pass it along to the Governor. However, if the House disagrees with revisions made while the bill was in the Senate, it is assigned to a committee comprised of six members – three from the Senate and three from the House.
The committee then debates the changes made, which can go as far as rewriting the entire bill, or can be as simple as redrafting only the conflicting language. A report is then created by the committee, which is read before both the House and Senate, resulting in a vote to pass or reject the report. If accepted, the bill is passed to the Governor, but if rejected, a new committee can be set up to debate it once again, or it can simply be allowed to die.
If the bill makes it to the Governor, he either signs it to become law, or vetoes it. If it goes into law, it becomes effective on the immediate July 1 following his approval. Should it be vetoed, the General Assembly can override with a 2/3 vote, also making it become law on the next July 1.
As has been noted previously by Bill Behrens, head of the Georgia Wrestling Promoters Advisory Committee, the only requirement in the current law as it relates to professional wrestling in Georgia is an annual application for a license to do so, accompanied by a payment of $100. The license expires on December 31 of each year, thus you must apply in time for your license not to lapse before January 1 of each year, and the payment is also required each year with your application for said license.
If you are not currently licensed, you are in effect breaking the law as it stands, and the Georgia Athletic and Entertainment Commission are currently empowered to shut your operation down if they so choose. If you need the form for application, click here.
The following text, taken from Senate Bill 413, is the portion of the current version of the bill which applies to professional wrestling in the state of Georgia
Until now, only promoters were affected by the previous efforts of the GAEC and prior versions of SB413, so wrestlers, referees, etc, may not have paid proper attention to them, as they were not involved. Now that wrestlers could also be required for licensing, you may want to bring it to their attention via a meeting at your next events, so that they, too, understand what SB413 could mean to them when working in the state.
From the current version of SB413, as it relates to professional wrestling:
Article 2A
43-4B-20.5.
(a) No person shall promote or hold a professional wrestling match, contest, or exhibition within this state without first applying for and obtaining a promoter’s license issued by the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year.
(b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee based on the size of the promotion as follows:
(1) For any promoter who employs or contracts with 25 or fewer professional wrestlers as part of the wrestling promotion, the annual license fee shall be $100.00;
(2) For any promoter who employs or contracts with more than 25 and fewer than 50 professional wrestlers as part of the wrestling promotion, the annual license fee shall be $250.00; and
(3) For any promoter who employs or contracts with 50 or more professional wrestlers as part of the wrestling promotion, the annual license fee shall be $500.00.
(d) The promoter shall file with the commission a surety bond or cash equivalent in the minimum amount of $5,000.00. However, this amount may be lowered by the commission.
(e) While promoting a professional wrestling match, contest, or exhibition in this state, the promoter shall:
(1) Hold a valid license issued by the commission as a professional wrestling promoter;
(2) File a pre-event report, as specified by the commission, with the commission ten days before each professional wrestling event. The report shall include:
(A) The name of the promoter and event;
(B) The time, date, and location of the event;
(C) The capacity of the venue;
(D) A list of professional wrestlers and the dates of licensure for each; and
(E) Notification of professional wrestlers' intent to cut themselves, if applicable.
(3) File a post-event report, as specified by the commission, with the commission ten days after the professional wrestling event. The report shall include:
(A) The name of the promoter and event;
(B) The time the event began and ended;
(C) A list of professional wrestlers who actually participated;
(D) A list of professional wrestlers who bled; and
(E) A list of any instance which required actual medical attention by a physician or an ambulance service or police activities or actions; and.
(4) Ensure that wrestlers used in the professional wrestling match, contest, or exhibition hold valid licenses issued by the commission and have submitted to the commission the appropriate medical information as required by this chapter.
(f) A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 43-4B-20.1.
43-4B-20.6.
(a) No professional wrestler shall perform in a professional wrestling match, contest, or exhibition within this state without first applying for and obtaining a professional wrestling license issued by the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year.
(b) The professional wrestler shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $20.00.
(c) All professional wrestlers performing in a match, contest, or exhibition shall be at least 18 years old and shall only perform inside the separation barrier defined in Code Section 43-4B-20.7.
(d) The professional wrestler’s application for licensure shall be accompanied with documentation, signed by a licensed physician, of passing a basic medical exam. The contents of the documentation shall be set by rule of the commission.
(e) A licensed professional wrestler may present, prior to the match, contest, or exhibition the results of an original copy of a blood test dated within 190 days of the match, contest, or exhibition which demonstrates that the wrestler is free from Hepatitis B, Hepatitis C, HIV, or any other communicable disease. If such documentation is not provided prior to the match, contest, or exhibition and the professional wrestler bleeds, the performance shall cease immediately.
(f) No professional wrestler shall perform while impaired by drugs or alcohol.
(g) The use of anabolic steroids by a professional wrestler is prohibited unless prescribed by a doctor for a specific medical condition.
(h) A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 43-4B-20.1.
43-4B-20.7.
(a) When a match, contest, or exhibition of professional wrestling occurs within this state, the promoter shall take necessary steps to ensure the safety, health, and welfare of the wrestlers and the spectators. Such standards shall include the following:
(1) At least two security persons dressed and clearly identified as security must be present;
(2) There must be a separation barrier between the performance area and the spectators. The separation barrier shall be at least five feet from performance area, at least three feet high, and be of sturdy construction;
(3) The ring mats must be cleaned, swept, and disinfected after each wrestling event and must be replaced by the promoter at least once per year;
(4) Glass shall not be permitted to be used in any match, contest, or exhibition;
(5) Fire shall not make contact with any wrestler during a match, contest, or exhibition; and
(6) Illegal drugs and alcoholic beverages shall not be permitted in the locker rooms, dressing areas, or backstage during a wrestling match, contest, or exhibition.
(b) A violation of this Code section is a misdemeanor and is additionally subject to the provisions of Code Sections 43-4B-19 and 43-4B-20.1.
43-4B-20.8.
(a) Subject to the limitations of subsection (d) of this Code section, the commission shall have jurisdiction over any professional wrestling match, contest, or exhibition which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state.
(b) The commission shall have the authority to refuse to grant a license to an applicant or may revoke or suspend a license based on the guidelines set forth in Code Section 43-4B-13 or if the applicant has:
(1) Violated any provision of this article;
(2) Tested positive for a communicable disease which may be transmitted by blood; or
(3) Tested positive for a prohibited drug within 60 days preceding a match or event.
(c) The commission or the executive director may appoint one or more officials as duly authorized representatives of the commission to ensure that the provisions of this article are strictly observed. The officials shall have access to all areas of the venue including the locker rooms, dressing areas, and backstage area. Upon request of the promoter, a member or members of the event staff shall be allowed to accompany the officials.
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