Bill Text: MI SB0362 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Occupations; athletics; Michigan unarmed combat regulatory act; rename as Michigan boxing and mixed martial arts regulatory act and make general revisions. Amends title & secs. 1, 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 47, 48, 55, 57 & 58 of 2004 PA 403 (MCL 338.3601 et seq.); adds secs. 33a, 33b, 33c, 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: (Introduced - Dead) 2013-05-16 - Referred To Committee On Regulatory Reform [SB0362 Detail]

Download: Michigan-2013-SB0362-Introduced.html

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SENATE BILL No. 362

 

 

May 16, 2013, Introduced by Senator ROBERTSON and referred to the Committee on Regulatory Reform.

 

 

 

     A bill to amend 2004 PA 403, entitled

 

"Michigan unarmed combat regulatory act,"

 

by amending the title and sections 1, 10, 11, 12, 20, 21, 22, 30,

 

31, 33, 34, 35, 40, 41, 42, 47, 48, 55, 57, and 58 (MCL 338.3601,

 

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, 338.3647, 338.3648, 338.3655, 338.3657, and

 

338.3658), sections 1, 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, 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 AND MIXED MARTIAL

 

arts; to create certain commissions and to provide certain the

 

Michigan boxing and mixed martial arts 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 boxing

 

and mixed martial arts 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. 1. This act shall be known and may be cited as the

 

"Michigan unarmed combat boxing and mixed martial arts regulatory

 

act".

 

     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.

 

     (b) "Boxer" means an individual who is licensed to engage in a

 

martial arts event in which the sole martial art employed is

 

boxing.

 

     (c) "Boxing" means the sport of attack and defense with fists,

 

using padded gloves.

 

     (d) (b) "Commission" means the Michigan unarmed combat boxing

 

and mixed martial arts commission created in section 20.

 

     (e) (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

 

designated by the director to act as the complainant.

 

     (f) "Contest" means an individual bout between 2 boxers or 2

 

mixed martial artists.

 

     (g) "Contestant" means an individual who competes in a

 

professional boxing, amateur mixed martial arts, professional mixed

 

martial arts, or boxing elimination contest.

 

     (h) (d) "Department" means the department of labor and

 

economic growth.licensing and regulatory affairs.

 

     (i) (e) "Director" means the director of the department or his

 

or her designee.

 

     (j) "Emergency medical technician" means that term as defined

 

in section 20904 of the public health code, 1978 PA 368, MCL

 

333.20904.

 

     (k) (f) "Employee of the department" means an individual who

 

is employed by the department or a person an individual who is

 

under contract to the department whose duty it is to enforce the

 

provisions of who is responsible for enforcing this act or rules

 

promulgated or orders issued under this act.

 

     (l) "Event" means a program of boxing or mixed martial arts

 

that is planned for a specific date and time by a promoter and

 

includes 1 or more contests.

 

     (m) (g) "Fund" means the Michigan unarmed combat boxing and

 

mixed martial arts fund created in section 22.

 

     (n) (h) "Good moral character" means good moral character as

 

determined and defined in under 1974 PA 381, MCL 338.41 to 338.47.

 

     (o) "Matchmaker" means an individual who is responsible for

 

arranging boxing or mixed martial arts contests between

 

contestants.

 

     (p) "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 a boxing or mixed martial arts event or

 

contest.

 

     (q) "Mixed martial artist" means an individual who is licensed

 

to compete in a mixed martial arts event or contest.

 

     (r) (i) "Mixed martial arts" means unarmed combat involving

 

that involves the use of a combination of techniques from different

 

disciplines of the martial arts and includes grappling, kicking,

 

jujitsu, and striking, is subject to the limitations contained

 

included in this act and rules promulgated under this act. The term

 

includes grappling, kicking, jujitsu, and striking.

 

     Sec. 11. As used in this act:

 

     (a) "Participant" means a referee, judge, physician,

 

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 for a

 

money prize.

 

     (f) (d) "Promoter" means any a person who that produces or

 

stages any in whole or in part a 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.boxing, amateur mixed martial arts, or professional mixed

 

martial arts events.

 

     (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) "Training center" means an institution that is formed or

 

operated principally to provide instruction in boxing, mixed

 

martial arts, or other sports.

 

     Sec. 12. 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 under the amateur sports

 

act of 1978, 36 USC 371.Ted Stevens Olympic and amateur sports act,

 

36 USC 220501 to 220529.

 

     (d) (e) Boxing elimination contests regulated by under section

 

50.

 

     (f) Amateur mixed martial arts.

 

     Sec. 20. (1) The Michigan unarmed combat boxing and mixed

 

martial arts 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 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 or mixed martial arts, 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 club, organization, or corporation, the main object

 

of which is the holding or giving conducting of boxing or mixed

 

martial arts contests or exhibitions events, is not eligible for

 

appointment to the commission.

 

     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 commissioners 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 commissioners 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 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.

 

     (h) Qualifications and activities of matchmakers.

 

     (5) (3) An unarmed combat The boxing and mixed martial arts

 

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 commission or

 

athletic authority. The commission, upon 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 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 provide 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

 

     (e) Is conditioned on the faithful performance by the

 

applicant promoter of the provisions of this act. The bond must be

 

     (f) Is purchased at least 5 days before the contest. or

 

exhibition and may

 

     (g) May be used to satisfy payment for the professionals,

 

costs to the department for ring officials and physicians, and drug

 

tests.

 

     (4) The department shall require that a promoter provide to

 

the department and maintain in force for each approved event a

 

surety bond that meets all of the following:

 

     (a) Is conditioned on the faithful distribution of all money

 

owed by the promoter as a result of the event.

 

     (b) Is in the amount of $20,000.00.

 

     (c) Is for the benefit of any person that is damaged by the

 

promoter's nonpayment of any liabilities associated with the event,

 

including, but not limited to, amounts owed to boxers, mixed

 

martial artists, judges, referees, timekeepers, and physicians.

 

     (d) Allows any affected person to bring an action on the bond.

 

     (e) 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 45 days following the event covered by the bond.

 

     (5) (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.

 

     (6) (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.

 

     (7) (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 1 of the following

 

amounts:

 

     (a) If the event is an amateur mixed martial arts event,

 

$200.00.

 

     (b) If the event is not an amateur mixed martial arts event,

 

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:

 

     (i) (a) If the The event is a professional boxing event , or a

 

professional mixed martial arts event and the event is located in a

 

venue with a seating capacity of more than 5,000.

 

     (ii) (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.

 

     (8) (7) For purposes of subsection (6), (7)(b), 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 any of the following:

 

     (a) A promoter promoting an amateur mixed martial arts event.

 

     (b) A promoter that agrees to pay a regulatory and enforcement

 

fee for the event in the amount under subsection (7)(b) of

 

$25,000.00, and the department receives that payment from the

 

promoter at least 1 5 business day days before the event.

 

     (9) (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.

 

     (10) (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.

 

     (11) (10) The commission or department may require the

 

promoter to perform drug testing on a professional contestant

 

before or after a contest or exhibition to detect the presence of

 

alcohol, stimulants, or drugs, including, but not limited to,

 

performance enhancing drugs. 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 the promoter

 

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."

 

     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) A written application that includes his or her name,

 

address, date of birth, and social security number. 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 professional contestant

 

license, his or her national identification card issued by the

 

association of boxing commissioners or a federal identification

 

card issued by the department.

 

     (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) If it issues a professional contestant license under this

 

section, the department shall provide the licensee a national

 

identification card issued by the association of boxing

 

commissioners or a federal identification card issued by the

 

department.

 

     (4) 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).

 

     (5) 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) A written 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 boxing or mixed martial arts 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 boxing or mixed martial arts 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 a boxing or mixed martial arts event or

 

contest or use the title "referee", "judge", "boxing physician",

 

"mixed martial arts physician", "matchmaker", or "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. 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. (1) The director, in after consultation with the

 

commission, shall may promulgate rules to set standards for boxing

 

and mixed martial arts exhibitions 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.

 

     (2) Beginning 1 year after the effective date of the

 

amendatory act that added this subsection, the director may

 

biannually adjust the amount of the fees described in this act by

 

an amount determined by the state treasurer to reflect the

 

cumulative annual percentage increase or decrease for the

 

immediately preceding 6-month period in the Detroit consumer price

 

index. A fee adjusted under this subsection shall be rounded to the

 

nearest $1.00 increment. As used in this subsection, "Detroit

 

consumer price index" means the most comprehensive index of

 

consumer prices available for the Detroit area from the bureau of

 

labor statistics of the United States department of labor.

 

     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 occured, 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.

 

     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 stipulation or

 

settlement agreement with or final order issued by the department

 

or commission.

 

     (o) Aids or abets another person in promoting a contest

 

without a license.

 

     (p) 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.

 

     (q) Enters into a contract for a contest or event in bad

 

faith.

 

     (r) Gambles on the outcome of a contest or event of which the

 

person is a promoter.

 

     (s) Fails to file current address information with the

 

department.

 

     (t) Tampers with or coerces a contestant.

 

     (u) Aids or abets another person to act as a promoter,

 

contestant, or participant or conduct an event without a license

 

under this act.

 

     (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). 48(5). 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

 

commissioners.

 

     (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

 

contestant 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.

 

     (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) 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.

 

     (3) 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 violates this act a second or

 

subsequent time 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 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 a boxing or

 

mixed martial arts 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.

 

     (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 a boxing or mixed martial arts 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 notice

 

provided to the department under section 33.

 

     (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

 

emergency medical technicians and the alternate ambulance provider

 

and emergency medical technicians described in this subdivision in

 

the notice provided to the department under section 33.

 

     (f) Maintain records of the amateur mixed martial arts 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 a boxing or mixed

 

martial arts 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 3 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 3 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 3

 

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 weigh at least

 

8 ounces each.

 

     (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) Flyweight, if he or she weighs 125.9 pounds or less.

 

     (ii) Bantamweight, if he or she weighs 126 pounds or more and

 

not more than 135 pounds.

 

     (iii) Featherweight, if he or she weighs 135.1 pounds or more

 

and not more than 145 pounds.

 

     (iv) Lightweight, if he or she weighs 145.1 pounds or more and

 

not more than 155 pounds.

 

     (v) Welterweight, if he or she weighs 155.1 pounds or more and

 

not more than 170 pounds.

 

     (vi) Middleweight, if he or she weighs 170.1 pounds or more and

 

not more than 185 pounds.

 

     (vii) Light heavyweight, if he or she weighs 185.1 pounds or

 

more and not more than 205 pounds.

 

     (viii) Heavyweight, if he or she weighs 205.1 pounds or more and

 

not more than 265 pounds.

 

     (ix) Super heavyweight, if he or she weighs more than 265

 

pounds.

 

     (f) A contestant only participates in a contest with another

 

contestant who is in the same weight class.

 

     (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) 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.

 

     (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 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 is impaired or has

 

used or uses performance enhancing drugs. As used in this

 

subdivision:

 

     (i) "Chemical dependency" means that term as defined in section

 

16106a of the public health code, 1978 PA 368, MCL 333.16106a.

 

     (ii) "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.

 

     (iii) "Substance abuse" means that term as defined in section

 

16106a of the public health code, 1978 PA 368, MCL 333.16106a.

 

     (n) A professional is not allowed to compete as a contestant

 

in an amateur event.

 

     (o) 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 promoter that indicate that he or she

 

is fit to compete.

 

     (p) The physician at the event determines the status of a

 

contestant who is knocked out or whose fight is stopped by the

 

referee because he or she received hard blows to the head that made

 

him or her defenseless or incapable of continuing immediately after

 

the knockout or stoppage. The physician may recommend postfight

 

neurological examinations, 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 further neurological

 

examinations of a contestant under subdivision (p), that contestant

 

does not compete in another contest until those examinations are

 

conducted, the promoter receives copies of the examination reports,

 

and the reports demonstrate that the contestant is fit to compete.

 

     (r) 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.

 

     (s) An individual who meets all of the following does not

 

compete as a contestant:

 

     (i) He or she participated in a contest in the 60-day period

 

preceding the event.

 

     (ii) In the contest described in subparagraph (i), he or she was

 

knocked out or the contest was stopped because he or she received

 

an excessive number of hard blows to the head.

 

     (t) 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 twice or 2

 

of his or her contests were stopped because he or she received an

 

excessive number of hard blows to the head.

 

     (iii) The second knockout or stoppage described in subparagraph

 

(ii) occurred in the 120-day period preceding the event.

 

     (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 12-month period, he or she was knocked out in 3

 

consecutive contests or 3 consecutive contests were stopped because

 

he or she received an excessive number of hard blows to the head.

 

     (iii) The third knockout or stoppage described in subparagraph

 

(ii) occurred in the 1-year period preceding the event.

 

     (v) If an individual was not allowed to compete as a

 

contestant in an earlier event because he or she met the

 

requirement of subdivision (s), (t), or (u) 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.

 

     (w) Each contestant is insured for at least $10,000.00 for any

 

medical and hospital expenses, including deductibles paid by the

 

contestant, to cover injuries sustained in a contest; and for at

 

least $10,000.00 if the contestant dies as a result of injuries

 

received in a contest, with the proceeds payable to the

 

contestant's estate.

 

     (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 sex.

 

     (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. 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.

 

     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 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.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.