Bill Text: MI HB5496 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Law enforcement; peace officers; reference to inspector certification under the commission on law enforcement standards act in the Michigan unarmed combat regulatory act; modify. Amends sec. 33 of 2004 PA 403 (MCL 338.3633).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2016-10-19 - Assigned Pa 300'16 With Immediate Effect [HB5496 Detail]
Download: Michigan-2015-HB5496-Engrossed.html
HB-5496, As Passed Senate, September 7, 2016
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HOUSE BILL No. 5496
March 22, 2016, Introduced by Reps. Lucido, Kesto and Tedder and referred to the Committee on Judiciary.
A bill to amend 2004 PA 403, entitled
"Michigan unarmed combat regulatory act,"
by amending section 33 (MCL 338.3633), as amended by 2015 PA 183.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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
event, the promoter must submit a bond 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.
(b) Is executed by the promoter as principal.
(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.
(e) Is purchased at least 5 days before the contest.
(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
events regulated under this act. The annual license fee is $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 promoter that conducts an event in this state shall pay
an event fee of $500.00.
(6) To assure the integrity of the sports of boxing and mixed
martial arts, the public interest, and the welfare and safety of
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 the event,
or $25,000.00, whichever is less, if either of the following is
met:
(a) 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.
(7) For purposes of subsection (6), at least 10 days before
the event, the promoter shall submit 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, 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 under subsection (6) of $25,000.00,
and the department receives that payment from the promoter at least
3 business 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 contest or event, the
promoter shall deliver to the department a copy of all of the
executed contracts between the promoter and the professionals who
are participating in that contest or 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 require that a promoter
ensure that a contestant is available for drug testing before or
after a contest to detect the presence of 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 contestant shall submit to a urinalysis or chemical
test before or after a contest if the commission, the department, a
designated representative of the commission or department, or an
inspector described in subsection (11) directs him or her to do so.
If a 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
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
contestant won the contest or the contest was a draw, the
commission may change the result of that contest 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 licensed or certified, or was previously licensed or
certified, by the commission on law enforcement standards under the
Michigan commission on law enforcement standards act, 1965 PA 203,
MCL
28.601 to 28.616.28.615.
(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).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 92 or House Bill No.____ (request no.
00913'15 *) of the 98th Legislature is enacted into law.
