Bill Text: MI SB0152 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Occupations; athletics; Michigan unarmed combat regulatory act; include mixed martial arts and make general revisions. Amends title & secs. 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 44, 45, 47, 48, 55, 57 & 58 of 2004 PA 403 (MCL 338.3610 et seq.); adds secs. 33a, 33b, 33c, 33d, 49, 49a & 54a & repeals secs. 32, 51, 52, 53, 54, 56, 60, 61, 62 & 63 of 2004 PA 403 (MCL 338.3632 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-12-01 - Assigned Pa 0183'15 With Immediate Effect [SB0152 Detail]
Download: Michigan-2015-SB0152-Engrossed.html
SB-0152, As Passed Senate, May 14, 2015
SUBSTITUTE FOR
SENATE BILL NO. 152
A bill to amend 2004 PA 403, entitled
"Michigan unarmed combat regulatory act,"
by amending the title and sections 10, 11, 12, 20, 21, 22, 30, 31,
33, 34, 35, 40, 41, 42, 44, 45, 47, 48, 55, 57, and 58 (MCL
338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622,
338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640,
338.3641, 338.3642, 338.3644, 338.3645, 338.3647, 338.3648,
338.3655, 338.3657, and 338.3658), sections 10, 11, 12, 21, 31, 34,
35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20
and 33 as amended by 2012 PA 546, and section 22 as amended by 2010
PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and
54a; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to regulate certain forms of boxing; the conduct of
certain
unarmed combat events and contests; to
create certain
commissions
and to provide certain the
Michigan unarmed combat
commission and establish its powers and duties; to provide for the
powers
and duties for of certain state agencies and departments; to
license
and regulate certain promoters,
contestants, and other
persons
engaged in boxing, certain persons connected to the
business
of boxing , and certain persons conducting certain
contests
and exhibitions; and mixed
martial arts; to confer
immunity under certain circumstances; to provide for the conducting
of
certain tests; to assess certain fees; to create certain funds;
to
promulgate establish the Michigan
unarmed combat fund and
provide for the use of the money in the fund; to authorize the
promulgation of rules; to provide for penalties and remedies; and
to repeal acts and parts of acts.
Sec. 10. As used in this act:
(a)
"Amateur" means a person any of following:
(i) An individual who is not competing and has never competed
for
a money prize or who is not competing and has not competed with
or against a professional for a prize.
(ii) For
a boxing contest, amateur is a person an individual
who
is required to be registered by USA boxing.register with USA
Boxing, or any other amateur boxing organization recognized by the
department to participate.
(b) "Boxer" means an individual who is licensed to engage in
boxing.
(c) "Boxing" means the sport of attack and defense with fists,
using padded gloves, in a square ring.
(d) "Chemical dependency" means that term as defined in
section 16106a of the public health code, 1978 PA 368, MCL
333.16106a.
(e) (b)
"Commission" means the
Michigan unarmed combat
commission created in section 20.
(f) (c)
"Complainant" means a
person who has filed that
files
a complaint with the department alleging that a person has violated
this act or a rule promulgated or an order issued under this act.
If
a complaint is made by the department, the director shall
designate
complainant means 1 or more employees of the department
to
who act as the complainant.
(g) "Contest" means an individual bout between 2 boxers, 2
mixed martial artists, or 2 individuals engaged in other unarmed
combat that is subject to this act.
(h) "Contestant" means an individual who competes in an
unarmed combat contest or event.
(i)
(d) "Department" means the department of labor
and
economic
growth.licensing and
regulatory affairs.
(j) (e)
"Director" means the
director of the department or his
or her designee.
(k) "Emergency medical technician" means that term as defined
in section 20904 of the public health code, 1978 PA 368, MCL
333.20904.
(l) (f)
"Employee of the
department" means an individual who
is
employed by the department, or a person that is under contract to
the department, whose duty it is to enforce the provisions of this
act or rules promulgated or orders issued under this act.
(m) "Event" means a program of unarmed combat that is planned
for a specific date and time by a promoter and is subject to the
approval of the department under this act.
(n)
(g) "Fund" means the Michigan unarmed combat
fund created
in section 22.
(o) (h)
"Good moral character"
means good moral character as
determined
and defined in under 1974 PA 381, MCL 338.41 to 338.47.
(p) "Impaired" means the inability or immediately impending
inability of an individual to safely participate in a contest or
event due to his or her substance abuse, chemical dependency, or
use of drugs or alcohol that does not constitute substance abuse or
chemical dependency.
(q) "Matchmaker" means an individual who is responsible for
arranging individual contests of unarmed combat.
(r) "Medical clearance" means a determination by a physician,
made with reasonable medical certainty, that a contestant does not
have a medical condition that would prevent him or her from being
able to participate in an event or contest.
(s) "Mixed martial artist" means an individual who is licensed
to compete in a mixed martial arts event or contest.
(t)
(i) "Mixed martial arts" means unarmed a form of combat,
involving
either amateur or
professional, that involves the use of
a combination of techniques from different disciplines of the
martial
arts, and includes including grappling,
kicking, jujitsu,
and striking, subject to the limitations contained in this act and
rules promulgated under this act.
Sec. 11. As used in this act:
(a) "Participant" means a referee, judge, matchmaker,
timekeeper, contestant, or promoter.
(b) "Person" means any of the following:
(i) An individual, corporation, limited liability company,
partnership, association, or other legal entity.
(ii) A department, board, commission, agency, or authority of
the United States, this state, or a political subdivision of this
state or a public school, community college, or university.
(iii) A training center or a school or other educational
institution.
(iv) A combination of persons described in subparagraphs (i) to
(iii).
(c)
(a) "Physician" means that term as defined in
section
17001 or 17501 of the public health code, 1978 PA 368, MCL
333.17001 and 333.17501.
(d) (b)
"Prize" means something
offered or given of present or
future
value to a participant in a contest, exhibition, or
match.currency or any other valuable compensation or
reward offered
or given to a contestant. The term does not include a watch, medal,
article of jewelry, trophy, or ornament that is suitably inscribed
to show that it is given for participation in a contest and costs
$200.00 or less.
(e) (c)
"Professional" means a
person an individual who is
competing
or has competed in boxing or mixed martial arts unarmed
combat
for a money prize.
(f) (d)
"Promoter" means any a person
who that produces or
stages, any
professional contest or exhibition of boxing or mixed
martial
arts, or both, but does not include the venue where the
exhibition
or contest is being held unless the venue contracts with
the
individual promoter to be a co-promoter.in whole or in part, an
unarmed combat contest or event.
(g) (e)
"Purse" means the
financial guarantee a prize or any
other
remuneration for which professionals are participating in a
contest
or exhibition and includes the professional's share of any
payment
received for radio, television, or motion picture
rights.offered to contestants to compete in a contest or event. The
term includes a professional's share of any payment received for
radio, television, motion picture rights, or other media.
(h) (f)
"Respondent" means a licensee or other person against
whom
which a complaint has been is filed
who may be a person who is
or
is required to be licensed under
this act.
(i) (g)
"Rule" means a rule
promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(h)
"School", "college", or "university" does not
include an
institution
formed or operated principally to provide instruction
in
boxing and other sports.
(j) "Settlement" means an agreement, stipulation, consent
order, waiver, default, or other method of settlement of a
complaint that is agreed to by the parties and the department.
(k) "Substance abuse" means that term as defined in section
16106a of the public health code, 1978 PA 368, MCL 333.16106a.
(l) "Training center" means an institution that is formed or
operated principally to provide instruction in boxing, mixed
martial arts, or other sports.
(m) "Unarmed combat" means any of the following:
(i) Professional boxing.
(ii) Professional or amateur mixed martial arts.
(iii) Any other form of competition in which a blow is usually
struck or another fighting technique is applied that may reasonably
be expected to inflict injury.
Sec. 12. (1) This act does not apply to any of the following:
(a) Professional or amateur wrestling.
(b)
Amateur martial arts sports or activities.
(b) (c)
Contests or exhibitions An
event that is conducted by
or participated in exclusively by an agency of the United States
government or by a school, college, or university or an
organization that is composed exclusively of those entities if each
participant
contestant is an amateur.
(c) (d)
Amateur boxing regulated by the amateur sports act of
1978,
36 USC 371. An
event that is sponsored by or under the
supervision of the United States Olympic Committee in which all of
the contestants are amateur boxers.
(e)
Boxing elimination contests regulated by section 50.
(f)
Amateur mixed martial arts.
(d) An amateur boxing event that is sponsored by or under the
supervision of USA Boxing or any of the following organizations
affiliated with USA Boxing:
(i) Golden Gloves Association of America Inc.
(ii) National Association of Police Athletic League.
(iii) National Collegiate Boxing Association.
(iv) Native American Sports Council.
(v) Silver Gloves Association.
(2) Boxing elimination contests regulated under section 50 are
not subject to the other provisions of this act.
Sec. 20. (1) The Michigan unarmed combat commission is created
in
the department. The commission shall consist of the director,
serving
as a nonvoting ex officio member of the commission, and 11
voting members, appointed by the governor with the advice and
consent of the senate, as follows:
(a) Four members who have experience, knowledge, or background
in boxing.
(b) Four members who have experience, knowledge, or background
in mixed martial arts.
(c) Three members who are members of the general public.
(2) The department shall provide the budgeting, procurement,
human resources, information technology, and related management
functions of the commission.
(3)
Except as otherwise provided in this subsection, the 11
members
appointed by the governor of
the commission shall serve a
term of 4 years. However, of the initial members appointed under
this act, the governor shall appoint 2 of the members to terms of 4
years, 2 of the members to terms of 2 years, and 3 of the members
to terms of 1 year. Members appointed by the governor serve at the
pleasure of the governor.
(4)
Subject to subsection subsections
(5) and (6), 7 members
of
the commission constitute a quorum for the exercise of the
authority
conferred on of the commission under this act. Subject to
subsection
subsections (5)
and (6), approval by at least 4 of the
members, or by a majority of those members who have not
participated in an investigation or administrative hearing
regarding a matter before the commission, is necessary for action
by the commission.
(5) All of the following apply if a proposed action of the
commission is designated by the director as related only to boxing:
(a) The proposed action shall only be considered by the
commission members described in subsection (1)(a) and (c).
(b) The quorum requirement for consideration of the proposed
action is 4 members who are eligible to consider the action under
subdivision (a), 2 of whom are members described in subsection
(1)(a).
(c) Approval by at least 3 of the members who are eligible to
consider the action under subdivision (a) is required for the
commission to take that action.
(6) All of the following apply if a proposed action of the
commission is designated by the director as related only to mixed
martial arts:
(a) The proposed action shall only be considered by the
commission members described in subsection (1)(b) and (c).
(b) The quorum requirement for consideration of the proposed
action is 4 members who are eligible to consider the action under
subdivision (a), 2 of whom are members described in subsection
(1)(b).
(c) Approval by at least 3 of the members who are eligible to
consider the action under subdivision (a) is required for the
commission to take that action.
(7) While serving as a member of the commission, an individual
shall
not promote or sponsor any contest or exhibition event of
boxing,
any unarmed combat, or a combination of those contests or
events, or have any financial interest in the promotion or
sponsorship
of those contests or exhibitions. events. The
commission
shall meet not less than 4 times per year. , and on the
request
and at the discretion of The
chair in his or her discretion
may cancel 1 or more of these meetings if he or she determines that
there is no business to conduct at a meeting. If requested by the
chair,
the department shall may schedule additional interim
meetings.
(8)
Except as otherwise provided in sections 33(9) 33(10) and
61a, the records of the commission are subject to disclosure under
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(9) Meetings of the commission are subject to the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Sec.
21. A person An individual
who has a material financial
interest
in any a club, corporation,
or other organization ,
or
corporation,
the main object of which is the holding or giving of
boxing
or mixed martial arts contests or exhibitions is not
eligible for appointment to the commission if the primary purpose
of that organization is to conduct unarmed combat contests or
events.
Sec. 22. (1) The commission shall elect 1 of its members as
the
chair of the commission. The commission may purchase and use a
seal.
(2) The director shall review the rules of the Association of
Boxing Commissions before he or she promulgates rules for the
administration of this act and may adopt by reference any of the
rules of the Association of Boxing Commissions that are not
inconsistent with this act.
(3)
The director may promulgate shall consult with the
commission before he or she promulgates rules for the
administration
of this act. but only after first consulting with
the
commission. The commission may
request that the department to
promulgate a rule under section 38 of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.238. Notwithstanding the time
limit provided for in section 38 of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.238, the department shall respond
in
writing to any request for rule promulgating by the commission
from the commission under this subsection within 30 calendar days
after
a the request. The response shall include a reason and
explanation
for acceptance or denial of agreeing
to or denying the
request.
(4) (2)
The department director shall
promulgate rules to
include
establish all of the following and may establish any
additional rules the director considers are necessary to administer
and enforce this act:
(a) Number and qualifications of ring officials required at
any
exhibition event or contest.
(b) Powers, duties, and compensation of ring officials.
(c) Qualifications, activities, and responsibilities of
licensees.
(d) License fees not otherwise provided under this act.
(e) Any necessary standards designed to accommodate federally
imposed mandates that do not directly conflict with this act.
(f) A list of enhancers and prohibited substances, the
presence of which in a contestant is grounds for suspension or
revocation of the license or other sanctions.
(g) Standards to protect the health and safety of contestants
participating in contests and events.
(5) (3)
An The Michigan unarmed combat fund is created as a
revolving
fund in the state treasury. and
administered by the
director.
The All of the following
apply to the fund:
(a) The director is the administrator of the fund, including
for auditing purposes.
(b)
The department shall use the money in
the fund, is to be
on
appropriation, only used for the
costs of administration and
enforcement of this act and for any costs associated with the
administration of this act, including, but not limited to,
reimbursing the department of attorney general for the reasonable
costs
of services provided to the department under this act. Money
remaining
in the fund at the end of the fiscal year and interest
earned
shall be carried forward into the next fiscal year and shall
not
revert to the general fund.
(c) The state treasurer shall direct the investment of the
fund. The state treasurer shall credit to the fund interest and
earnings from fund investments.
(d) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(e) The department shall deposit into the fund all money
received from the regulatory and enforcement fee, license fees,
event fees, and administrative fines imposed under this act, and
from any other source.
(6) (4)
Annually, the legislature shall fix
the per diem
compensation of the members of the commission. Travel or other
expenses incurred by a commission member in the performance of an
official function shall be payable by the department under the
standardized travel regulations of the department of technology,
management, and budget.
(7) (5)
The department and commission
may affiliate with any
other
state or national boxing, or mixed martial arts, or unarmed
combat commission or athletic authority. The commission, upon
with
the approval of the director, may enter into any appropriate
reciprocity agreements.
(8) (6)
The commission and department are
vested with
management, control, and jurisdiction over all professional boxing,
and
professional or amateur mixed martial arts, or
unarmed combat
contests
or exhibitions to be events
conducted , held, or given
within
the in this state. of Michigan. Except for any contests or
exhibitions
a contest or event that is exempt from under this act,
a
person shall not conduct a contest or exhibition shall not be
conducted,
held, or given within event
in this state except in
compliance with this act.
(7)
The requirements and standards contained in standards
adopted
by the New Jersey state athletic control board, N.J.A.C.
13:46-24A
and 24B, as they may exist on February 20, 2005, entitled
the
mixed martial arts unified rules, dated 2000, except for the
license
fees described in those rules, are incorporated by
reference.
Any requirements and standards incorporated by reference
in
this subsection that are in conflict with the requirements and
standards
of this act are considered superseded by the provisions
of
this act. The director, in consultation with the commission, may
promulgate
rules consistent with section 35 to alter, supplement,
update,
or amend the standards incorporated by reference under this
subsection.
Any references to the commission in the mixed martial
arts
unified rules shall mean the department. The standards
contained
in 13:46-24B.3 are not incorporated by reference.
Sec. 30. (1) A person shall not conduct a contest or event
that is regulated under this act without a promoter's license under
this
act, or engage in or attempt to engage
in an any other
activity
regulated under this act unless the person possesses a
without
the applicable license issued by the
department or under
this act, unless the person is exempt from licensure under this
act.
(2)
A person who violates subsection (1) is guilty of a
misdemeanor
punishable by a fine of not more than $500.00 or
imprisonment
for not more than 90 days, or both.
(3)
A person who violates subsection (1) a second or any
subsequent
time is guilty of a misdemeanor punishable by a fine of
not
more than $1,000.00 or imprisonment for not more than 1 year,
or
both.
(4)
Notwithstanding the existence and pursuit of any other
remedy,
an affected person may maintain injunctive action in a
court
of competent jurisdiction to restrain or prevent a person
from
violating subsection (1). If successful in obtaining
injunctive
relief, the affected person shall be entitled to actual
costs
and attorney fees. As used in this subsection, "affected
person"
means a person directly affected by the actions of a person
suspected
of violating subsection (1) and includes, but is not
limited
to, the commission, the department, or a member of the
general
public.
(5)
An investigation may be conducted by the department to
enforce
this section. A person who violates this section is subject
to
the strictures prescribed in this section and section 43.
(6)
The remedies under this section are independent and
cumulative.
The use of 1 remedy by a person shall not bar the use
of
other lawful remedies by that person or the use of a lawful
remedy
by another person.
(2) An annual license issued under this act expires on August
31 of the calendar year following the year in which the license was
issued.
Sec. 31. By filing an application for a license, an applicant
does both of the following:
(a)
Certifies his or her the
applicant's general suitability,
character, integrity, and ability to participate, engage in, or be
associated with boxing or mixed martial arts contests or
exhibitions.
events. The burden of proof is on the applicant to
establish to the satisfaction of the commission and the department
that the applicant is qualified to receive a license.
(b) Accepts the risk of adverse public notice, embarrassment,
criticism,
financial loss, or other action with respect to his or
her
the application and expressly waives any claim for
damages as a
result of any adverse public notice, embarrassment, criticism,
financial loss, or other action. Any written or oral statement made
by any member of the commission or any witness testifying under
oath that is relevant to the application and investigation of the
applicant is immune from civil liability for libel, slander, or any
other tort.
Sec. 33. (1) An application for a promoter's license must be
in writing and shall include the legal name, street address, and
telephone number of the applicant.
(2) An applicant for a promoter's license must demonstrate
good moral character. If an applicant for a promoter's license is
denied
a license due to because
of a lack of good moral character,
the applicant may petition the commission for a review of the
decision under section 46.
(3) Before the department grants an approval for a contest or
exhibition,
event, the promoter must file submit a
bond with to the
department that meets all of the following:
(a) Is in an amount fixed by the department but not less than
$20,000.00
or more than $50,000.00. The applicant shall execute the
bond
(b)
Is executed by the promoter as
principal. , and the bond
shall
be
(c) Is issued by a corporation that is qualified under the
laws
of this state as a surety.
,
(d)
Is payable to the state of Michigan. ,
and
conditioned
on the faithful performance by the applicant of the
provisions
of this act. The bond must be
(e)
Is purchased at least 5 days before the
contest. or
exhibition
and may be used to satisfy payment for the
professionals,
costs to the department for ring officials and
physicians,
and drug tests.
(f) Is conditioned on the faithful distribution of all money
owed by the promoter as a result of the event.
(g) Is for the benefit of any person that is damaged by the
promoter's nonpayment of any liabilities associated with the event.
(h) Allows any affected person to bring an action on the bond.
(i) Remains in effect until all complaints properly filed with
the department for nonpayment of obligations covered by the bond
are fully adjudicated. A complaint is not properly filed if it is
not filed within 30 business days following the event covered by
the bond.
(4) A promoter must apply for and obtain an annual license
from the department in order to present a program of contests or
exhibitions
events regulated under this act. The annual license fee
is
$250.00. $300.00. The department shall request, and the
applicant shall provide, any information that the department
determines is necessary to ascertain the financial stability of the
applicant. Section 61a applies to any information provided by an
applicant under this subsection.
(5)
A boxing promoter that conducts
an event in this state
shall
pay an event fee of $125.00. A mixed martial arts promoter
shall
pay an event fee of $125.00.$500.00.
(6)
Each promoter shall pay a regulatory and enforcement fee
to
To assure the integrity of the sports of boxing and
mixed
martial arts, the public interest, and the welfare and safety of
the
professionals. The amount of the fee is contestants, each
promoter that conducts an event in this state shall pay a
regulatory and enforcement fee for that event in an amount equal to
3% of the total gross receipts from any contracts for the sale,
lease, or other exploitation of broadcasting, television, and
motion
picture rights or other media for an the event, or
$25,000.00,
whichever is less, for a boxing or mixed martial arts
event
to which any of the following apply:if either of the
following is met:
(a)
If the The event is a boxing event, the event is located
in a venue with a seating capacity of more than 5,000.
(b) The promoter proposes to televise or broadcast the event
over any medium for viewing by spectators who are not present in
the venue.
(c)
The event is designed to promote professional boxing or
mixed
martial arts contests in this state.
(7) For purposes of subsection (6), at least 10 days before
the
boxing or mixed martial arts event, the promoter shall submit
the
any contract that
is subject to the regulatory and
enforcement
fee to the department, stating the amount of the probable total
gross receipts from the sale, lease, or other exploitation of
broadcasting,
television, and motion picture rights, or other media
for the event. However, this subsection does not apply to a
promoter
that agrees to pay a regulatory and enforcement fee for
the
event in the amount under
subsection (6) of $25,000.00, and the
department
receives that payment from the promoter at least 1 3
business
day days before the event.
(8) The department shall deposit the money received from the
proceeds of the regulatory and enforcement fee into the fund
created in section 22 and use those proceeds for the purposes
described in that section.
(9)
Within 1 business day before a boxing or mixed martial
arts
contest or exhibition, event, the
promoter shall deliver to
the
department an executed a copy of all of the executed contracts
between the promoter and the professionals who are participating in
that
contest or exhibition. event.
The copies of the contracts are
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246, except that the department may
disclose statistical information on the number, types, and amounts
of contracts if information regarding identifiable individuals or
categories is not revealed.
(10)
The commission or department may perform require that a
promoter
ensure that a contestant is available for drug
testing on
a
professional before or after a
contest or exhibition to detect
the
presence of alcohol, stimulants, or drugs, including, but not
limited
to, performance enhancing drugs. controlled
substances,
alcohol, enhancers, stimulants, performance enhancing drugs, or
other drugs or substances prohibited by rules promulgated by the
department, or derivatives or metabolites of controlled substances,
alcohol, enhancers, stimulants, performance enhancing drugs, or
other drugs or substances prohibited by rules promulgated by the
department.
A professional contestant shall submit to a urinalysis
or
chemical test before or after a contest or exhibition if the
commission,
the department, or a designated representative of the
commission or department, or an inspector described in subsection
(11) directs him or her to do so. If a professional contestant
fails or refuses to submit to a urinalysis or chemical test under
this subsection, or the results of the urinalysis or chemical test
confirm
or demonstrate that the professional contestant has
violated this act, he or she is subject to disciplinary action by
the commission under this act. In addition to any other
disciplinary
action by the commission, if the professional
contestant
won the contest or exhibition or
the contest or
exhibition
was a draw, the commission may
change the result of that
contest
or exhibition to a no decision. The department may
promulgate rules to define the terms "stimulants" or "performance
enhancing drugs."
(11) A promoter shall not conduct a professional boxing,
professional mixed martial arts, or amateur mixed martial arts
event in this state unless at least 1 inspector is present at the
event. All of the following apply to an inspector:
(a) An inspector shall not have any relationship or business
interest with a licensee involved in an event for which he or she
is the inspector.
(b) An inspector shall collect and submit all contestant drug
tests as required by the department to ensure the chain of custody
of those tests.
(c) An inspector must be an individual who meets any of the
following:
(i) Is certified by the commission on law enforcement standards
under the commission on law enforcement standards act, 1965 PA 203,
MCL 28.601 to 28.616.
(ii) Is licensed by the department as a private security guard
or security guard agency.
(iii) Is employed by a security guard agency that is licensed by
the department.
(d) The department may promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to establish additional duties of inspectors.
(e) An inspector shall receive reasonable compensation, and
reimbursement of his or her actual and necessary travel expenses,
for attending an event.
(f) The promoter of an event is responsible for payment of an
inspector for that event under subdivision (e).
Sec. 33a. (1) Before an individual participates in a contest,
he or she shall obtain a contestant license from the department. To
obtain a contestant license, an applicant must submit all of the
following to the department:
(a) An application that includes his or her name, address, and
date of birth. The department may prescribe the form and the
contents of the application form.
(b) With the application described in subdivision (a), a
nonrefundable application processing fee in the amount of $45.00
and an annual license fee of $45.00.
(c) If he or she is applying for a license as a professional
contestant in boxing, the identification number of his or her
federal identification card described in section 33d(1).
(d) If he or she is applying for a license as a professional
contestant in mixed martial arts, the identification number of his
or her national identification card described in section 33d(2).
(2) Except as otherwise provided in this act, the department
shall issue a contestant license under this section to an
individual who meets the contestant licensing requirements under
this act and rules promulgated under this act. The department shall
assign a license number to each license issued under this
subsection.
(3) In any notice, report, or other communication with the
department or commission that identifies or refers to a specific
contestant, including, but not limited to, the report of the
results of each contest under section 54a(2)(bb), a promoter shall
include the license number of the contestant assigned under
subsection (2).
(4) An individual shall not receive a contestant license under
this section unless he or she passes a physical examination that is
performed by a physician and submits the results of that
examination to the department on a form prescribed by the
department.
Sec. 33b. (1) An individual shall not participate in a contest
or event as a referee, judge, matchmaker, or timekeeper without a
participant license from the department under this section. To
obtain a participant license, an applicant must submit all of the
following to the department:
(a) An application. The department may prescribe the form and
the contents of the application form.
(b) With the application described in subdivision (a), a
nonrefundable application processing fee in the amount of $30.00
and 1 of the following annual license fees, as applicable:
(i) Referee license, $150.00.
(ii) Judge license, $70.00.
(iii) Matchmaker license, $150.00.
(iv) Timekeeper license, $70.00.
(2) An applicant for a referee, judge, matchmaker, or
timekeeper participant license must demonstrate to the satisfaction
of the department that he or she meets all of the following to
receive a license under this section:
(a) Has good moral character.
(b) Is at least 18 years of age.
(c) Any other requirement established by rule.
Sec. 33c. (1) A person that fails to renew a promoter license
that is required under this act on or before its expiration date
shall not conduct a contest or event or advertise, operate, or use
the title "promoter" after the license expires.
(2) An individual who fails to renew a contestant license that
is required under this act on or before its expiration date shall
not participate in a contest or event or use the title "contestant"
after his or her license expires.
(3) An individual who fails to renew a participant license
that is required under this act on or before its expiration date
shall not participate in an event or contest or use the title
"referee", "boxing referee", "mixed martial arts referee", "judge",
"boxing judge", "mixed martial arts judge", "matchmaker",
"timekeeper", "boxing timekeeper", or "mixed martial arts
timekeeper" after his or her license expires.
(4) A person that does not renew a license issued under this
act on or before its expiration date may renew the license within
60 days after the expiration date by paying the required license
fee and paying a late renewal fee in the amount of $30.00. After
that 60-day period, the person may only obtain a license under this
act by complying with the requirements of this chapter for
obtaining a new license, paying the required license fee, and
paying a late renewal fee in the amount of $30.00.
Sec 33d. (1) An individual shall not receive a license as a
professional contestant in boxing if he or she does not possess a
federal identification card. If the individual does not have a
federal identification card, and he or she is a resident of this
state or is not a resident of any state of the United States, he or
she shall submit a separate request to the department for a federal
identification card. If the individual is a resident of another
state, he or she must apply to that state for a federal
identification card.
(2) An individual shall not receive a license as a
professional contestant in mixed martial arts if he or she does not
possess a national identification card. If the individual does not
have a national identification card, he or she shall submit a
separate request to the department for a national identification
card.
(3) To obtain a federal or national identification card from
the department, an applicant must do all of the following:
(a) Submit an application that includes his or her name,
address, date of birth, and any other information required by the
department. The department may prescribe the form and the contents
of the application form.
(b) With the application described in subdivision (a), a
nonrefundable application processing fee in the amount of $20.00.
(4) The department shall transmit the information about an
applicant described in subsection (3) to a federal or national
recordkeeper designed by the department and, when approved by that
recordkeeper, shall issue a federal or national identification card
that includes an identification number assigned by that
recordkeeper.
Sec. 34. (1) The director, in consultation with the
commission, may promulgate rules for the application and approval
process for promoters. Until the rules are promulgated, the
applicant shall comply with the standards described in subsection
(2).
(2) The rules regarding the application process described in
subsection (1) shall include at least the following:
(a) An initial application processing fee in an amount
sufficient
to cover the costs of processing a boxing or mixed
martial
arts promoter's license, but not
less than $250.00.
(b) A requirement that the applicant provide background
information
be disclosed by concerning
the applicant, who
if the
applicant
is an individual, or by
concerning the principal officers
or
members and individuals having of,
and each individual who has
at
least a 10% ownership interest in the case of any other legal
entity,
applicant if the applicant is
not an individual, with
emphasis
on the applicant's his or
her business experience.
(c) Information from the applicant concerning past and present
civil lawsuits, judgments, and filings under the bankruptcy code
that are not more than 7 years old.
(d) Any other relevant and material information considered
necessary
by the director upon after
consultation with the
commission.
(3) The department may consult with the commission on issues
related to the determination of an applicant's financial stability
and shall refer the application to the commission if clear and
convincing grounds for approval of the financial stability aspect
of the application do not exist.
(4) As part of the approval process for promoters, the
commission
may require that the applicant or his or her a
representative
to be of the applicant is present at a the
commission
meeting in at which the application is considered.
Sec.
35. The director, in after
consultation with the
commission,
shall may promulgate rules to set standards for boxing
and
mixed martial arts exhibitions unarmed
combat events and
participants, and
to provide for license fees for all participants
in
the to establish training
requirements for promoters,
contestants, and participants regulated under this act, or to
establish license fees or training requirements for other
individuals who are engaged in activities regulated by this act not
otherwise
provided for in this act. , including, but not limited
to,
license fees for a physician, physician's assistant, nurse
practitioner,
referee, judge, matchmaker, timekeeper, professional,
contestant,
or manager or a second of those persons.
Sec.
40. A complaint which that
alleges that a person has
violated this act or a rule promulgated or an order issued under
this
act shall be lodged with submitted
to the department. The
department of attorney general, the department, the commission, or
any other person may file a complaint.
Sec.
41. (1) The When it
receives a complaint under section
40,
the department ,
upon receipt of a complaint, shall
immediately
shall
begin its an investigation
of the allegations of the
complaint and shall open a correspondence file. The department
shall make a written acknowledgment of the complaint within 15 days
after
receipt of the it receives
a complaint to the person making
that
made the complaint. If the a complaint
is made by the
department, the director shall designate 1 or more employees of the
department
to act as the person making that
made the complaint.
(2)
The department shall conduct the an investigation required
under
subsection (1). In furtherance of As part of that
investigation, the department may request that the attorney general
petition a court of competent jurisdiction to issue a subpoena
requiring a person to appear before the department and be examined
with reference to a matter within the scope of the investigation
and to produce books, papers, or documents pertaining to the
investigation.
(3)
The investigative unit of the department, within 30 days
after
the department receives the complaint, shall report to the
director
on the status of the investigation. If, for good cause
shown,
an investigation cannot be completed within 30 days, the
director
may extend the time in which a report may be filed.
(3) (4)
If the report of the investigative unit of After
conducting an investigation under subsection (1), if the department
does
not disclose find that a violation of this act or a rule
promulgated or an order issued under this act occurred, the
department
shall close the complaint. shall
be closed by the
department.
The department shall notify the complainant and
respondent
of its reasons for closing the
complaint, shall be
forwarded
to the respondent and complainant, who then may and the
complainant or respondent may then provide additional information
to reopen the complaint.
(4) (5)
If the report of the
investigative unit made pursuant
to
subsection (3) discloses department
investigation under
subsection (1) reveals evidence of a violation of this act or a
rule promulgated or an order issued under this act, the department
or the department of attorney general shall prepare the appropriate
action against the respondent, which may be any of the following:
(a) A formal complaint.
(b) A cease and desist order.
(c) A notice of summary suspension, subject to sections 42 and
48(7).48(5).
(5) (6)
At any time during its
investigation or after the
issuance
of a formal complaint is issued, the department may bring
together the complainant and the respondent for an informal
conference. At the informal conference, the department shall
attempt to resolve issues raised in the complaint and may attempt
to
aid the parties in reaching a formal settlement. or
stipulation.
Sec.
42. (1) After it conducts an investigation, has been
conducted,
the department may issue an order
summarily suspending a
license
based on an affidavit by a person an individual who is
familiar with the facts set forth in the affidavit, or, if
appropriate,
based upon on an affidavit made on information and
belief, that an imminent threat to the integrity of the sport, the
public
interest, and or the welfare and safety of a professional
contestant
exists. Thereafter, the proceedings
described in this
chapter
shall be promptly commenced and decided.
(2)
A person whose license has been is
summarily suspended
under this section may petition the department to dissolve the
order.
Upon receiving If it
receives a petition to dissolve a
summary suspension order under this subsection, the department may
deny the request to dissolve the order, grant the request to
dissolve
the order, or immediately shall schedule
a hearing to
decide
whether to grant or deny the requested relief.request to
dissolve the order.
(3)
An At a hearing described
in subsection (2), an
administrative
law hearings examiner shall grant the requested
relief
dissolving dissolve the summary suspension order, unless
sufficient evidence is presented that an imminent threat to the
integrity
of the sport, the public interest, and or the welfare and
safety
of a professional contestant
exists that requires emergency
action and continuation of the department's summary suspension
order.
(4)
The record created at the a
hearing described in
subsection (2) to dissolve a summary suspension order shall become
part
of the record on the complaint at a any subsequent hearing in
a contested case on the complaint.
(5)
A summary suspension of a professional contestant under
section 48(5) for refusal or failure to submit to a drug test or
for
the presence of controlled substances, enhancers, prohibited
drugs,
or other prohibited substances, as described in section
48(7),
shall proceed under this section.alcohol,
enhancers,
stimulants, performance enhancing drugs, or other drugs or
substances prohibited by rules promulgated by the department, or
derivatives or metabolites of controlled substances, alcohol,
enhancers, stimulants, performance enhancing drugs, or other drugs
or substances prohibited by rules promulgated by the department,
shall proceed under this section.
Sec. 44. (1) A summary suspension order, cease and desist
order, or injunctive relief issued or granted in relation to a
license is in addition to and not in place of an informal
conference; criminal prosecution; or proceeding to deny, revoke, or
suspend
a license; or any other action authorized by under this
act.
(2)
After an investigation has been is
conducted and a formal
complaint is prepared, the department shall serve the formal
complaint
upon on the respondent and the complainant. At the same
time, the department shall serve the respondent with a notice
describing the compliance conference and hearing process and
offering the respondent a choice of 1 of the following
opportunities:
(a) An opportunity to meet with the department to negotiate a
settlement of the matter.
(b) If the respondent is a licensee or registrant under this
act,
an opportunity to demonstrate compliance prior to holding
before a contested case hearing is held.
(c) An opportunity to proceed to a contested case hearing.
(3)
A respondent upon whom which
service of a formal complaint
has
been is made pursuant to under this
section may select, within
15 days after the receipt of notice, 1 of the options described in
subsection (2). If a respondent does not select 1 of those options
within the time period described in this section, then the
department shall proceed to a contested case hearing as described
in subsection (2)(c).
(4) An informal conference may be attended by a member of the
commission, at the discretion of that commission, and may result in
the
agreement of the parties and the department to a settlement. ,
consent
order, waiver, default, or other method of settlement
agreed
upon by the parties and the department. A settlement may
include the revocation or suspension of a license; censure;
probation;
restitution; or a penalty provided for in under section
48. The commission may reject a settlement and require a contested
case hearing.
(5) An employee of the department may represent the department
in any contested case hearing.
(6)
This chapter does not prevent a person against whom which
a
complaint has been is filed from showing compliance with this act
or a rule promulgated or an order promulgated or issued under this
act.
(7) If an informal conference is not held or does not result
in
a settlement, of a complaint, the department shall allow
the
respondent an administrative hearing. A member of the commission
may
attend a hearing under this section. may
be attended by a
member
of the commission.
(8) The department or the department of the attorney general
may petition a court of competent jurisdiction to issue a subpoena
which
shall require that requires the person subpoenaed to appear
or testify or produce relevant documentary material for examination
at a proceeding.
Sec. 45. (1) At the conclusion of a hearing conducted under
section 44(7), the administrative law hearings examiner shall
submit a determination of findings of fact and conclusions of law
to the department and the department of the attorney general and
the commission, in a hearing report. The submitted hearing report
may
recommend the penalties to be assessed as prescribed in under
section 48.
(2) A copy of a hearing report shall be submitted to the
person
who that made the complaint and to the person against whom
which
the complaint was lodged.filed.
(3)
Within 60 days after receipt of it
receives an
administrative law hearings examiner's hearing report, the
commission shall meet and make a determination of the penalties to
be assessed under section 48. The commission's determination shall
be made on the basis of the administrative law hearings examiner's
report. A transcript of a hearing or a portion of the transcript
shall
be made available to the commission upon on request. If a
transcript or a portion of the transcript is requested, the
commission's determination of the penalty or penalties to be
assessed under section 48 shall be made at a meeting within 60 days
after
receipt of a the
commission receives the transcript or
portion of the transcript.
(4) If the parties and the department agree to a settlement,
and that settlement requires imposition of a penalty under section
48 but does not specify that penalty, the commission shall make a
determination of the penalties within 60 days after it receives the
settlement. The commission shall make its determination of the
appropriate penalty based on the terms of the settlement.
(5) (4)
If the commission does not
determine the appropriate
penalty or penalties to be assessed within the time limits
prescribed
by in subsection (3) or (4), the director may
determine
the appropriate penalty and issue a final order.
(6) (5)
A member of the commission who has
participated in an
investigation or administrative hearing on a complaint filed with
the department or who has attended an informal conference shall not
participate in making a final determination in a proceeding on that
complaint.
Sec. 47. (1) The department shall initiate an action under
this chapter against an applicant or take any other allowable
action
against the license of any contestant, promoter, or other
participant
who if the department determines has done that the
applicant or licensee does any of the following:
(a) Engages in fraud, deceit, or dishonesty in obtaining a
license.
(b) Engages in fraud, deceit, or dishonesty in performing the
duties of a promoter, if applicable, or otherwise practicing that
person's licensed occupation.
(c) If the licensee or applicant pays a fee under this act
with a check, money order, or similar instrument or with a credit
card or debit card and that payment is dishonored or otherwise
refused when presented by the department for payment, fails to pay
that fee and reimburse the department for any charges incurred by
the department in connection with that dishonored or refused
payment. If a payment is dishonored or refused, the license is
immediately suspended and remains suspended until the fee and the
related charges are paid. As used in this subdivision, "dishonored"
means that term as described in section 3502 of the uniform
commercial code, 1962 PA 174, MCL 440.3502.
(d)
(a) Enters into a contract for a contest or exhibition
event in bad faith.
(e) (b)
Participates in any sham or fake
contest or
exhibition.event.
(f) (c)
Participates in a contest or exhibition
pursuant to
event under a collusive understanding or agreement in which the
contestant
competes or terminates the contest or exhibition event
in
a manner that is not based upon on
honest competition or the
honest exhibition of the skill of the contestant.
(g) (d)
Is determined to have failed to
give his or her best
efforts, failed to compete honestly, or failed to give an honest
exhibition
of his or her skills in a contest. or exhibition.
(h) (e)
Is determined to have performed an
act or engaged in
conduct
that is detrimental to a contest or exhibition, event,
including, but not limited to, any foul or unsportsmanlike conduct
in
connection with a contest or exhibition.event.
(i) (f)
Gambles on the outcome of a contest
or exhibition
event
in which he or she is a contestant, promoter,
matchmaker,
ring official, or second.
(j) (g)
Assaults another licensee, outside of or while not
involved in a contest, a commission member, or a department
employee. while
not involved in or while outside the normal course
of
a contest or exhibition.
(h)
Practices fraud or deceit in obtaining a license.
(k) Engages in false advertising.
(l) Fails to comply with a subpoena issued under this act.
(m) Fails to provide a requested document or records to the
department.
(n) Violates or fails to comply with a settlement with or
final order issued by the department or commission.
(o) Fails to pay any obligation that is related to the normal
course of promoting an event, including, but not limited to, venue
rent or judge, physician, referee, or timekeeper fees.
(p) Enters into a contract for a contest or event in bad
faith.
(q) Gambles on the outcome of a contest or event of which the
person is a promoter.
(r) Fails to file current address information with the
department.
(s) Tampers with or coerces a contestant.
(t) Aids or abets another person to act as a promoter,
contestant, or participant or conduct an event without a license
under this act.
(u) Violates any other provision of this act or a rule
promulgated under this act for which a penalty or remedy is not
otherwise prescribed.
(2) The department, in consultation with the commission, shall
promulgate rules to provide for both of the following:
(a) The timing of drug tests for contestants.
(b)
Specific summary suspension procedures for contestants and
participants
who test positive for drugs or fail to submit to a
drug
test, under section 48(4). For
purposes of section 48(5),
specific summary suspension procedures for contestants who fail to
submit to a drug test or who test positive for controlled
substances, alcohol, enhancers, stimulants, performance enhancing
drugs, or other drugs or substances prohibited by rules promulgated
by the department, or derivatives or metabolites of controlled
substances, alcohol, enhancers, stimulants, performance enhancing
drugs, or other drugs or substances prohibited by rules promulgated
by the department. The rules shall include all of the following:
(i) A procedure to allow the department to place the licensee
upon
on the national suspension list maintained by the designated
record keeper authorized by the Association of Boxing Commissions.
(ii) An expedited appeal process for the summary suspension.
(iii) A relicensing procedure following summary suspension.
(3)
An employee of the department must be present at all
weigh-ins,
medical examinations, contests, exhibitions, and matches
to
ensure that this act and rules are strictly enforced.
(3) (4)
Each promoter shall furnish each
member of the
commission
present at a contest or exhibition event a seat in the
area
immediately adjacent to the contest or exhibition. event. An
additional seat shall be provided in the venue.
(5)
The commission chair, a commission member assigned by the
chair,
or a department official designated by the commission chair
shall
have final authority involving any conflict at a contest,
exhibition,
or match and shall advise the chief inspector in charge
accordingly.
In the absence of the chair, an assigned member, or a
department
official designated by the commission chair, the chief
inspector
in charge shall be the final decision-making authority.
Sec.
48. (1) Upon receipt of If
it receives an application for
reinstatement
and the payment of an any administrative fine
prescribed
assessed by the commission under this section, the
commission
may reinstate a revoked license or lift a suspension. If
(2) All of the following apply if disciplinary action is taken
against
a person under this act: that
(a) If the disciplinary action does not relate to a contest or
exhibition,
event, the commission may, in lieu of suspending or
revoking
a license, prescribe assess
an administrative fine not to
in an amount that does not exceed $10,000.00.
(b) If disciplinary action is taken against a person under
this act that relates to the preparation for a contest or an
exhibition,
event, the occurrence of a contest or an exhibition,
event, or any other action taken in conjunction with a contest or
an
exhibition, event, the commission may prescribe assess an
administrative
fine in an amount not to that
does not exceed 100%
of the share of the purse to which the holder of the license is
entitled
for the contest or exhibition or an administrative fine
not
to exceed $100,000.00 in the case of any other person. This
administrative
fine may be imposed event.
(c) If disciplinary action is taken against a person, other
than a contestant, that relates to the preparation for a contest or
event, the occurrence of a contest or event, or any other action
taken in conjunction with a contest or event, the commission may
assess an administrative fine in an amount that does not exceed
$100,000.00.
(3) The commission may assess an administrative fine under
subsection (2) in addition to, or in lieu of, taking any other
disciplinary
action that is taken against the person. by the
commission.
(4) (2)
If an administrative fine is imposed
assessed under
this section, the commission may recover the costs of the
proceeding, including investigative costs and attorney fees. The
department or the attorney general may bring an action in a court
of competent jurisdiction to recover any administrative fines,
investigative and other allowable costs, and attorney fees. The
filing of an action to recover fines and costs does not bar the
imposition
of other sanctions penalties
or remedies under this act.
(3)
An employee of the department, in consultation with any
commission
member present, may issue an order to withhold the purse
for
3 business days due to a violation of this act or a rule
promulgated
under this act. During that 72-hour time period, the
commission
may convene a special meeting to determine if the action
of
the employee of the department was warranted. If the commission
determines
that the action was warranted, the department shall
offer
to hold an administrative hearing as soon as practicable but
within
at least 7 calendar days.
(4)
A professional or participant in a professional contest or
exhibition
shall submit to a postexhibition test of body fluids to
determine
the presence of controlled substances, prohibited
substances,
or enhancers. The department shall promulgate rules to
set
requirements regarding preexhibition tests of body fluids to
determine
the presence of controlled substances, prohibited
substances,
or enhancers.
(5)
The promoter is responsible for the cost of the testing
performed
under this section.
(5) (6)
Either of the following is grounds
for summary
suspension
of the individual's license in the manner provided for
in
under section 42:
(a) A test resulting in a finding of the presence of
controlled
substances, enhancers, or other prohibited substances as
determined
by rule of the commission.alcohol,
enhancers,
stimulants, performance enhancing drugs, or other drugs or
substances prohibited by rules promulgated by the department, or
derivatives or metabolites of controlled substances, alcohol,
enhancers, stimulants, performance enhancing drugs, or other drugs
or substances prohibited by rules promulgated by the department.
(b) The refusal or failure of a contestant to submit to the
drug testing ordered by an authorized person.
Sec. 49. (1) If a person that holds a license under this act
violates this act or a rule or order promulgated or issued under
this act, the department may take 1 or more of the following
actions:
(a) Suspend the person's license.
(b) Deny the renewal of the person's license.
(c) Revoke the person's license.
(d) Assess an administrative fine.
(e) Censure the licensee.
(2) If the department finds that a person that is subject to
subsection (1) has violated this act or a rule promulgated under
this act, that person is responsible for the department's expenses
that are related to the investigation and any disciplinary
proceeding for that violation and shall reimburse the department
for those expenses. For purposes of this subsection, the
department's expenses include, but are not limited to, salaries and
benefits of personnel, travel and any other expenses of those
personnel, and any other expenses incurred by the department in
conducting the investigation and any disciplinary proceeding.
(3) The department may bring an injunctive action in a court
of competent jurisdiction to restrain or prevent a person from
violating this act. If successful in obtaining injunctive relief,
the department is entitled to its costs and reasonable attorney
fees.
(4) The penalties and remedies under this section and section
49a are independent and cumulative. The imposition of a remedy or
penalty against a person under this section or section 49a does not
bar the pursuit of any lawful remedy by that person or the pursuit
of a lawful remedy by any other person against that person.
Sec. 49a. (1) A person that engages in or attempts to engage
in an activity for which a license is required under this act, or
uses a title designated in this act, without the appropriate
license issued by the department under this act is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(2) A person that knowingly allows a professional in mixed
martial arts or boxing to participate as a contestant in an amateur
mixed martial arts contest with an amateur is guilty of a felony
punishable by imprisonment for not more than 3 years or a fine of
$10,000.00 per incident, or both.
(3) If a court finds in an action under this section or
section 49(2) that a person has violated this act or a rule
promulgated under this act, that person shall be assessed costs
related to the investigation of the violation and costs related to
the prosecution of the action. The costs related to the
investigation and prosecution include, but are not limited to,
salaries and benefits of personnel, costs related to the time spent
by the attorney general's office and other personnel working on the
action, and any other expenses incurred by the department for the
action.
Sec. 54a. (1) A licensed promoter that presents an unarmed
combat event in this state must comply with all of the following:
(a) At least 5 days before the event, submit a request for
approval of the event to the department, on a form prescribed by
the department. The request shall include the names the promoter is
required to provide under subdivisions (d), (e), (f), and (g).
(b) Within the 5-day period preceding a professional boxing or
professional mixed martial arts event, submit the fight records of
each contestant to the department. "Fight records" means that term
as defined by the department by rule.
(c) Pay all obligations that are related to the normal course
of promoting an unarmed combat event, including, but not limited
to, venue rent and judge, physician, referee, and timekeeper fees.
(d) Arrange for a physician to attend the event for purposes
of subsection (2)(l), and arrange for an alternate physician to
attend the event if the original physician is unable to attend the
event. The promoter shall include the name of the physician and the
alternate physician described in this subdivision in the request
submitted under subdivision (a).
(e) Arrange for an ambulance that is staffed by emergency
medical technicians to be on the premises to attend the event for
purposes of subsection (2)(k), and arrange for an alternate
ambulance that is staffed by emergency medical technicians to be on
the premises to attend the event if the original ambulance and
emergency medical technicians are unable to attend the event. The
promoter shall include the name of the ambulance provider and the
emergency medical technicians and the alternate ambulance provider
and emergency medical technicians described in this subdivision in
the request submitted under subdivision (a).
(f) Arrange for a referee, judges, and a timekeeper to attend
the event for purposes of subsection (2)(m). The promoter shall
include the names of the referee, judges, and timekeeper described
in this subdivision in the request submitted under subdivision (a).
(g) Arrange for an inspector who meets the requirements of
section 33(11) to attend the event for purposes of subsection
(2)(m). The promoter shall include the name of the inspector, and
any other information about the inspector that is required by the
department, in the request submitted under subdivision (a).
(h) Maintain records of the event for at least 1 year after
the date of the scheduled event and make those records available to
the department or law enforcement officials on request.
(2) A licensed promoter that is presenting an amateur mixed
arts, professional mixed martial arts, or professional boxing event
in this state shall ensure that all of the following are met in the
conduct of the event:
(a) Except as provided in subdivision (b), each individual
mixed martial arts contest consists of not more than 3 rounds, of
not more than 5 minutes' duration, with at least a 1-minute rest
period between each round; and the length of each individual boxing
contest is determined by the department but does not exceed 10
rounds, of not more than 5 minutes' duration, with at least a 1-
minute rest period between each round.
(b) Each individual national or international championship
mixed martial arts contest consists of not more than 5 rounds, of
not more than 5 minutes' duration, with at least a 1-minute rest
period between each round; and the length of each individual
national or international championship boxing contest is determined
by the department but does not exceed 12 rounds, of not more than 5
minutes' duration, with at least a 1-minute rest period between
each round.
(c) Each mixed martial arts contestant wears gloves, supplied
by the promoter, that weigh at least 4 ounces and not more than 8
ounces; and each boxing contestant wears gloves that each weigh at
least 8 ounces and not more than 16 ounces.
(d) The referee examines the gloves worn by each contestant
before and during a contest. If the referee finds that a glove is
misplaced, lumpy, broken, roughed, or otherwise unfit, the
contestant must change the glove before the start of the contest.
(e) Before a contestant participates in a contest, he or she
is weighed and placed in the appropriate weight class. As used in
this subdivision and subdivision (f), "weight class" means 1 of the
following:
(i) Mini flyweight, if he or she weighs 105 pounds or less.
(ii) Light flyweight, if he or she weighs 106 to 108 pounds.
(iii) Flyweight, if he or she weighs 109 to 112 pounds.
(iv) Super flyweight, if he or she weighs 113 to 115 pounds.
(v) Bantamweight, if he or she weighs 116 to 118 pounds.
(vi) Super bantamweight, if he or she weighs 119 to 122 pounds.
(vii) Featherweight, if he or she weighs 123 to 126 pounds.
(viii) Super featherweight, if he or she weighs 127 to 130
pounds.
(ix) Lightweight, if he or she weighs 131 to 135 pounds.
(x) Super lightweight, if he or she weighs 136 to 140 pounds.
(xi) Welterweight, if he or she weighs 141 to 147 pounds.
(xii) Super welterweight, if he or she weighs 148 to 154
pounds.
(xiii) Middleweight, if he or she weighs 155 to 160 pounds.
(xiv) Super middleweight, if he or she weighs 161 to 168
pounds.
(xv) Light heavyweight, if he or she weighs 169 to 175 pounds.
(xvi) Cruiserweight, if he or she weighs 176 to 200 pounds.
(xvii) Heavyweight, if he or she weighs 201 to 260 pounds.
(xviii) Super heavyweight, if he or she weighs 261 pounds or
more.
(f) A contestant only participates in a contest with another
contestant who meets 1 of the following:
(i) The other contestant is in the same class as the
contestant.
(ii) If the contestant's weight class is mini flyweight, light
flyweight, flyweight, super flyweight, or bantamweight, and the
other contestant is in another weight class, the weight difference
between the contestants is not more than 3 pounds.
(iii) If the contestant's weight class is super bantamweight,
featherweight, or super featherweight, and the other contestant is
in another weight class, the weight difference between the
contestants is not more than 4 pounds.
(iv) If the contestant's weight class is lightweight or super
lightweight, and the other contestant is in another weight class,
the weight difference between the contestants is not more than 5
pounds.
(v) If the contestant's weight class is welterweight, super
welterweight, middleweight, super middleweight, or light
heavyweight, and the other contestant is in another weight class,
the weight difference between the contestants is not more than 7
pounds.
(vi) If the contestant's weight class is heavyweight or super
heavyweight, there is no limitation on the weight difference
between the contestant and the other contestant.
(g) An individual does not compete as a contestant unless he
or she submits to the promoter a medical certification of negative
results for hepatitis B and C and HIV tests that were performed on
the contestant in the 180-day period that precedes the scheduled
contest or event.
(h) An individual does not compete as a contestant unless he
or she submits to the promoter the results of an ophthalmologic
exam that was performed in the 180-day period that precedes the
contest or event and the results of the exam are submitted to the
department.
(i) A female individual does not compete as a contestant
unless she submits to the promoter the results of a pregnancy test
that was performed on her in the 7-day period that precedes the
contest or event and the results of the pregnancy test are
negative.
(j) An individual is not allowed to compete as a contestant
without proper medical clearance.
(k) The event does not take place or continue without an
ambulance that is staffed by at least 2 emergency medical
technicians on the premises of the event.
(l) The event does not take place or continue without a
physician at the event.
(m) The event does not take place or continue without an
inspector and a trained and competent referee, judge, and
timekeeper.
(n) An individual is not allowed to compete as a contestant if
there is any reason to suspect that he or she is impaired or has
used or uses performance enhancing drugs.
(o) A professional is not allowed to compete as a contestant
in an amateur event.
(p) If an individual lost a contest by a technical knockout in
the 30-day period preceding the event, he or she is not allowed to
compete as a contestant unless he or she submits the results of a
physical examination to the department that indicate that he or she
is fit to compete.
(q) The physician at the event determines the status of a
contestant who is knocked out or whose contest is stopped by the
referee. The physician may make recommendations concerning either
of the following:
(i) The contestant's status, including, but not limited to, a
recommendation to the department that the contestant not compete
for a period of time specified by the physician.
(ii) The need for additional testing or examination of the
contestant, including, but not limited to, a postfight neurological
examination, which may include performing computerized axial
tomography (CAT) scans or magnetic resonance imaging (MRI) on the
contestant immediately after the contestant leaves the event venue.
(r) If a physician recommended that the contestant not compete
for a period of time under subdivision (q)(i), that contestant does
not compete in another contest during that time period.
(s) If a physician recommended further neurological
examination of a contestant under subdivision (q)(ii), that
contestant does not compete in another contest until those
examinations are conducted, the promoter and department receive
copies of the examination reports, and the reports demonstrate that
the contestant is fit to compete.
(t) A contestant who sustains a severe injury or knockout in a
contest is examined by a physician and is not permitted to compete
in another contest until a physician certifies that the contestant
is fully recovered.
(u) An individual who meets all of the following does not
compete as a contestant:
(i) He or she participated in multiple contests before the
event.
(ii) In any 90-day period, he or she was knocked out in 2
contests or 2 of his or her contests were stopped and a physician
recommended neurological testing under subdivision (q) after any of
those contests.
(iii) The second knockout or stoppage described in subparagraph
(ii) occurred in the 120-day period preceding the event.
(v) An individual who meets all of the following does not
compete as a contestant:
(i) He or she participated in multiple contests before the
event.
(ii) In any 12-month period, he or she was knocked out in 3
consecutive contests or 3 consecutive contests were stopped and a
physician recommended neurological testing under subdivision (q)
after any of those contests.
(iii) The third knockout or stoppage described in subparagraph
(ii) occurred in the 1-year period preceding the event.
(w) If an individual was not allowed to compete as a
contestant in an earlier event because he or she met the
requirement of subdivision (t), (u), or (v) at the time of that
earlier event, he or she does not compete as a contestant unless he
or she provides the promoter with proper medical clearance.
(x) Each contestant is at least 18 years of age.
(y) A contestant does not compete in more than 1 contest at an
event.
(z) All of the contestants in a contest are the same gender.
(aa) An individual does not participate as a contestant if he
or she participated in another contest in the 7-day period
preceding the event.
(bb) The results of each contest are reported to the
department, on a form prescribed by the department, within 48 hours
after the conclusion of the event. The report shall include any
physician recommendations under subdivision (q). Within 2 business
days after it receives those results, the department shall enter
those results in each national contest results database selected by
the department.
(cc) In a professional event, that tickets sold by contestants
are not a factor in determining the amount of the purse.
(dd) If a mixed martial arts contest is a cage fight, the
referee conducts a safety inspection of the cage before the
contest.
Sec.
55. (1) A professional participating promoter shall
insure
each contestant who competes in a
contest or exhibition
shall
be insured by the promoter for not less than for at least
$50,000.00
for medical and hospital expenses to be paid related to
injuries sustained in the contest or event, payable to the
contestant, to
cover injuries sustained in the contest and for not
less
than at least $50,000.00 to be paid in accordance with the
statutes
of descent and distribution of personal property if the
contestant
should die dies as a result of injuries received in a
boxing
contest or exhibition.or event, with the proceeds payable to
the contestant's estate.
(2) A promoter shall pay the policy premium and deductible
regarding any medical or hospital expenses for a contestant's
injuries.
Sec.
57. (1) A licensed physician shall be in attendance at
attend
each contest. or
exhibition. The physician shall observe the
physical condition of the contestants and advise the referee or
judges with regard to the health of those contestants. The
physician
shall examine each contestant before entering he or she
enters the ring.
(2)
The licensed physician described
in subsection (1) shall
file with the commission the report of the physical examination of
a
each contestant not later than within 24
hours after termination
of
the contest or exhibition.event ends.
(3)
If, in the opinion of the a
physician described in
subsection
(1), the health or safety of a
contestant requires that
the
termination of the contest or
exhibition in which he or she is
participating
be terminated, competing, the physician shall notify
the
referee . The and
the referee shall terminate the contest. or
exhibition.
Sec.
58. (1) If a contestant or participant loses
consciousness
during or as a result of a contest or exhibition in
which
he or she participates, competes,
he or she shall not again
be
is not eligible to participate in a another contest
or
exhibition
in this state unless until he or she is examined by a
physician
appointed by the commission and unless the that physician
certifies
the contestant's or participant's fitness to participate
in that contest.
(2)
The contestant or participant shall pay the cost of the
examination conducted under subsection (1).
Enacting section 1. Sections 32, 51, 52, 53, 54, 56, 60, 61,
62, and 63 of the Michigan unarmed combat regulatory act, 2004 PA
403, MCL 338.3632, 338.3651, 338.3652, 338.3653, 338.3654,
338.3656, 338.3660, 338.3661, 338.3662, and 338.3663, are repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
