Bill Text: MI SB0767 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Crimes; other; Michigan unarmed combat regulatory act; amend to reflect repeal of crime of prizefighting. Amends sec. 22 of 2004 PA 403 (MCL 338.3622).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2010-06-23 - Assigned Pa 0100'10 With Immediate Effect [SB0767 Detail]
Download: Michigan-2009-SB0767-Introduced.html
SENATE BILL No. 767
August 26, 2009, Introduced by Senators JELINEK, PAPPAGEORGE and KUIPERS and referred to the Committee on Judiciary.
A bill to amend 2004 PA 403, entitled
"Michigan unarmed combat regulatory act,"
by amending section 22 (MCL 338.3622), as amended by 2007 PA 196.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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. The director may promulgate rules for the administration of
this act but only after first consulting with the commission. The
commission may request 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 within 30 calendar
days after a request. The response shall include a reason and
explanation for acceptance or denial of the request.
(2) The department shall promulgate rules to include all of
the following:
(a) Number and qualifications of ring officials required at
any exhibition or contest.
(b) Powers, duties, and compensation of ring officials.
(c) Qualifications 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.
(3) An unarmed combat fund is created as a revolving fund in
the state treasury and administered by the director. The money in
the fund is to be 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. 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.
(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 pursuant to
under the standardized travel regulations of the department of
management and budget.
(5) The commission may affiliate with any other state or
national boxing or mixed martial arts commission or athletic
authority. The commission, upon approval of the director, may enter
into any appropriate reciprocity agreements.
(6) The commission and department are vested with management,
control, and jurisdiction over all professional boxing and
professional mixed martial arts contests or exhibitions to be
conducted, held, or given within the state of Michigan. Except for
any contests or exhibitions exempt from this act, a contest or
exhibition shall not be conducted, held, or given within 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 the effective date of this
act
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.
(8)
Any boxing, mixed martial arts, or sparring contest
conforming
to the requirements of this act and to the rules of the
department
is not considered to be a prize fight for purposes of
chapter
LXVI of the Michigan penal code, 1931 PA 328, MCL 750.442
to
750.447.
