Bill Text: MI HB5156 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Occupations: athletics; third-party sanctioning bodies; allow to supervise, conduct, and oversee contests of certain unarmed combat events, and modify licensure requirements for certain participants. Amends secs. 10, 11, 33b & 54a of 2004 PA 403 (MCL 338.3610 et seq.) & adds secs. 33e, 52a & 54b.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-14 - Referred To Second Reading [HB5156 Detail]
Download: Michigan-2023-HB5156-Introduced.html
HOUSE BILL NO. 5156
A bill to amend 2004 PA 403, entitled
"Michigan unarmed combat regulatory act,"
by amending sections 10, 11, 33b, and 54a (MCL 338.3610, 338.3611, 338.3633b, and 338.3654a), sections 10 and 11 as amended and section 33b as added by 2015 PA 183 and section 54a as amended by 2017 PA 146, and by adding sections 33e, 52a, and 54b.
the people of the state of michigan enact:
(a) "Amateur" means any of following:
(i) An individual who is not competing and has never competed for a prize or who is not competing and has not competed with or against a professional for a prize.
(ii) For a boxing contest, an individual who is required to 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) "Commission" means the Michigan unarmed combat commission created in section 20.
(f) "Complainant" means a person 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, complainant means 1 or more employees of the department 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) "Cornerperson" means an individual who provides assistance to a contestant before or during a contest, including, but not limited to, wrapping the contestant's hands for fighting or providing water.
(j) "Cutperson" means an individual who prevents and treats physical damage for a contestant for a contest.
(k) (i) "Department" means the department of licensing and regulatory affairs.
(l) (j) "Director" means the director of the department or his or her the director's designee.
(m) (k) "Emergency medical technician" means that term as defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.
(n) (l) "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 the rules promulgated or orders issued under this act.
(o) (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.
(p) (n) "Fund" means the Michigan unarmed combat fund created in section 22.
(q) (o) "Good moral character" means good moral character as determined and defined under 1974 PA 381, MCL 338.41 to 338.47.
(r) (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 because of the individual's substance abuse, chemical dependency, or use of drugs or alcohol that does not constitute substance abuse or chemical dependency.
(s) "Manager" means an individual who acts in a representative capacity on behalf of a contestant in certain situations related to the contestant's career, including, but not limited to, identifying a contest or event for the contestant to compete in, negotiating terms and pay for a contest or event, or representing the interest of the contestant.
(t) "Martial art" means a form of weaponless discipline of combat or self-defense that uses physical skills and coordination and is practiced as a combat sport, subject to the limitations contained in this act and rules promulgated under this act.
(u) (q) "Matchmaker" means an individual who is responsible for arranging individual contests of unarmed combat.
(v) (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 the contestant from being able to participate in an event or contest.
(w) (s) "Mixed martial artist" means an individual who is licensed to compete in a mixed martial arts event or contest.
(x) (t) "Mixed martial arts" means a form of combat, either amateur or professional, that involves the use of a combination of techniques from different disciplines of the martial arts, including grappling, kicking, and striking, subject to the limitations contained in this act and rules promulgated under this act.
(a) "Participant" means a referee, judge, matchmaker, timekeeper, contestant, second, 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) "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) "Prize" means 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) "Professional" means an individual who is competing or has competed in unarmed combat for a prize.
(f) "Promoter" means a person that produces or stages, in whole or in part, an unarmed combat contest or event.
(g) "Purse" means a prize or any other remuneration 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) "Respondent" means a licensee or other person against which a complaint is filed under this act.
(i) "Rule" means a rule promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(j) "Second" means an individual who assists a contestant during a contest, including, but not limited to, a cornerperson, cutperson, or manager. Second does not include a cutperson who is responsible for preventing and treating damage for both contestants participating in a contest.
(k) (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.
(l) (k) "Substance abuse" means that term as defined in section 16106a of the public health code, 1978 PA 368, MCL 333.16106a.
(m) "Third-party sanctioning body" means a person independent of the department and commission that is approved by the commission under section 33e to supervise, conduct, and oversee contests of certain unarmed combat events in this state.
(n) (l) "Training center" means an institution that is formed or operated principally to provide instruction in boxing, mixed martial arts, or other sports.
(o) (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. 33b. (1) An individual shall not participate in a contest or event as a referee, judge, matchmaker, second, or timekeeper without a participant license from issued by 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) Second license, $50.00.
(v) (iv) Timekeeper license, $70.00.
(2) An applicant for a referee, judge, matchmaker, second, or timekeeper participant license must demonstrate to the satisfaction of the department that he or she the applicant meets all of the following to receive a license under this section:
(a) Has good moral character.
(b) Is at least not less than 18 years of age.
(c) Any other applicable requirement described in section 52a or established by rule.
Sec. 33e. (1) A third-party sanctioning body may apply, by submitting an application on a form and in a manner prescribed by the commission, to sanction an unarmed combat event in 1 or more martial art, including, but not limited to, judo, taekwondo, karate, or kempo.
(2) If the commission approves a third-party sanctioning body to sanction an unarmed combat event described in subsection (1), the third-party sanctioning body must pay the department a nonrefundable application and event fee of $500.00.
(3) Not more than 2 business days after the date of an unarmed combat event sanctioned by a third-party sanctioning body, the third-party sanctioning body shall report the contest results of the event to the department for review and to each national contest results database selected by the department. On request of the commission, the third-party sanctioning body shall make the contest results available to the commission.
(4) The commission shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this section. The rules must include, but need not be limited to, all of the following:
(a) An evaluation of a third-party sanctioning body.
(b) Qualifications for approval of a third-party sanctioning body to sanction an unarmed combat event in this state.
(c) Procedures to ensure that an approved third-party sanctioning body complies with all applicable laws.
Sec. 52a. (1) To be eligible for a license, an applicant for a referee, judge, or second license must complete a concussion management and treatment training program acceptable to the department. The department shall publish a list of acceptable concussion management and treatment training programs on its website. As a condition of license renewal, an applicant for a referee, judge, or second license must complete the training described in this subsection not less than once every 5 years.
(2) To be eligible for a license, an applicant for a referee, judge, or timekeeper license may be required to serve as a referee, judge, or timekeeper for a certain amount of time or number of rounds, as determined by the department, in amateur-level unarmed combat contests. The department shall publish minimum experience requirements that satisfy this subsection on its website.
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 30 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) , and (e). , (f), and (g).
(b) Within the 5-day period preceding before a professional boxing or professional mixed martial arts unarmed combat 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)(k), 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)(j), 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 alternate ambulance provider 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)(l). 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)(l). 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).
(f) (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 martial 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 the contestant is weighed and placed in the appropriate weight class. The department by rule shall establish weight classes for contestants.
(f) An individual does not compete as a contestant unless he or she the individual submits to the department a medical certification of negative results for hepatitis B and C and HIV tests that were performed on the contestant individual in the 180-day period that precedes before the scheduled contest or event.
(g) An individual does not compete as a contestant unless he or she the individual submits to the department the results of an ophthalmologic exam that was performed by a licensed optometrist or ophthalmologist within the 12-month period that precedes before the contest or event that indicate that the contestant individual is medically cleared to fight. The individual shall submit the results on a form prescribed by the department.
(h) A female individual does not compete as a contestant unless she the female individual submits to the department the results of a pregnancy test that was performed on her the female individual in the 7-day period that precedes before the contest or event and the results of the pregnancy test are negative.
(i) An individual is not allowed to compete as a contestant without proper medical clearance.
(j) 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.
(k) The event does not take place or continue without a physician at the event.
(l) The event does not take place or continue without an inspector and a trained and competent referee, judge, and timekeeper.
(m) An individual is not allowed to compete as a contestant if there is any reason to suspect that he or she the individual is impaired or has used or uses performance enhancing drugs.
(n) A professional is not allowed to compete as a contestant in an amateur contest.
(o) If an individual lost a contest by a technical knockout in the 30-day period preceding before the event, he or she the individual is not allowed to compete as a contestant unless he or she the individual submits the results of a physical examination to the department that indicate that he or she the individual is fit to compete.
(p) 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.
(q) If a physician recommended that the contestant not compete for a period of time under subdivision (p)(i), that contestant does not compete in another contest during that time period.
(r) If a physician recommended further neurological examination of a contestant under subdivision (p)(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.
(s) 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.
(t) An individual who meets all of the following does not compete as a contestant:
(i) He or she The individual participated in multiple contests before the event.
(ii) In any 90-day period, he or she the individual was knocked out in 2 contests or 2 of his or her the individual's contests were stopped and a physician recommended that the individual receive neurological testing under subdivision (p) after any of those contests.
(iii) The second knockout or stoppage described in subparagraph (ii) occurred in the 120-day period preceding before the event.
(u) An individual who meets all of the following does not compete as a contestant:
(i) He or she The individual participated in multiple contests before the event.
(ii) In any 12-month period, he or she the individual was knocked out in 3 consecutive contests or 3 of the individual's consecutive contests were stopped and a physician recommended that the individual receive neurological testing under subdivision (p) after any of those contests.
(iii) The third knockout or stoppage described in subparagraph (ii) occurred in the 1-year period preceding before the event.
(v) If an individual was not allowed to compete as a contestant in an earlier event because he or she the individual met the requirement of subdivision (s), (t), or (u) at the time of that earlier event, he or she the individual does not compete as a contestant unless he or she the individual provides the promoter and department with proper medical clearance.
(w) Each contestant is at least 18 years of age.
(x) A contestant does not compete in more than 1 contest at an event.
(y) All of the contestants in a contest are the same gender.
(z) An individual does not participate as a contestant if he or she the individual participated in another contest in the 7-day period preceding before the event.
(aa) The results of each contest are reported to the department, on a form prescribed by the department, within not later than 48 hours after the conclusion of the event. The report shall must include any physician recommendations under subdivision (p). Within Not later than 2 business days after it receives those the results, the department shall enter those the results in each national contest results database selected by the department.
(bb) In a professional event, that tickets sold by contestants are not a factor in determining the amount of the purse.
(cc) If a mixed martial arts contest is a cage fight, the referee conducts a safety inspection of the cage before the contest.
Sec. 54b. (1) The commission shall assign the following individuals to each unarmed combat event held under section 54a:
(a) A referee, judge, and timekeeper to attend the event for purposes of section 54a(2)(l).
(b) An inspector who meets the requirements of section 33(11) to attend the event for purposes of section 54a(2)(l).
(2) A manager, promoter, matchmaker, trainer, second, or contestant shall not officiate a contest or event.
Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.
