Bill Text: MI SB0370 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Occupations; athletics; Michigan unarmed combat regulatory act; revise fines and make other general revisions. Amends secs. 20, 30, 33, 33a, 47, 48 & 54a of 2004 PA 403 (MCL 338.3620 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-11-07 - Assigned Pa 0146'17 With Immediate Effect [SB0370 Detail]
Download: Michigan-2017-SB0370-Introduced.html
SENATE BILL No. 370
May 10, 2017, 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 sections 20, 30, 33, 33a, 47, 48, and 54a (MCL
338.3620, 338.3630, 338.3633, 338.3633a, 338.3647, 338.3648, and
338.3654a), sections 20, 30, 47, and 48 as amended and sections 33a
and 54a as added by 2015 PA 183 and section 33 as amended by 2016
PA 300.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20. (1) The Michigan unarmed combat commission is created
in the department. The commission shall consist of 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, members
of the commission shall serve a term of 4 years. However, of the
initial members appointed under this act, the governor shall
appoint 2 of the members to terms of 4 years, 2 of the members to
terms of 2 years, and 3 of the members to terms of 1 year. Members
appointed by the governor serve at the pleasure of the governor.
(4) Subject to subsections (5) and (6), 7 members of the
commission constitute a quorum of the commission under this act.
Subject to 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 event of any unarmed
combat, or a combination of those contests or events, or have any
financial interest in the promotion or sponsorship of those
contests or events. The commission shall meet not less than 4 times
per year. 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
may schedule additional interim meetings.
(8)
Except as otherwise provided in sections 33(10) 33(9) 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. 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 any other activity
regulated under this act without the applicable license issued by
the department under this act, unless the person is exempt from
licensure under this act.
(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. 33. (1) An application for a promoter's license must be
in writing and shall include the legal name, street address, and
telephone number of the applicant.
(2) An applicant for a promoter's license must demonstrate
good moral character. If an applicant for a promoter's license is
denied a license because of a lack of good moral character, the
applicant may petition the commission for a review of the decision
under section 46.
(3) Before the department grants an approval for a contest or
event, the promoter must submit a bond to the department that meets
all of the following:
(a) Is in an amount fixed by the department but not less than
$20,000.00 or more than $50,000.00.
(b) Is executed by the promoter as principal.
(c) Is issued by a corporation that is qualified under the
laws of this state as a surety.
(d) Is payable to the state of Michigan.
(e) Is purchased at least 5 days before the contest.
(f) Is conditioned on the faithful distribution of all money
owed by the promoter as a result of the event.
(g) Is for the benefit of any person that is damaged by the
promoter's nonpayment of any liabilities associated with the event.
(h) Allows any affected person to bring an action on the bond.
(i) Remains in effect until all complaints properly filed with
the department for nonpayment of obligations covered by the bond
are fully adjudicated. A complaint is not properly filed if it is
not filed within 30 business days following the event covered by
the bond.
(4) A promoter must apply for and obtain an annual license
from the department in order to present a program of contests or
events regulated under this act. The annual license fee is $300.00.
The department shall request, and the applicant shall provide, any
information that the department determines is necessary to
ascertain the financial stability of the applicant. Section 61a
applies to any information provided by an applicant under this
subsection.
(5) A promoter that conducts an event in this state shall pay
an event fee of $500.00.
(6) To assure the integrity of the sports of boxing and mixed
martial arts, the public interest, and the welfare and safety of
contestants, each promoter that conducts an event in this state
shall pay a regulatory and enforcement fee for that event in an
amount equal to 3% of the total gross receipts from any contracts
for the sale, lease, or other exploitation of broadcasting,
television, and motion picture rights or other media for the event,
or $25,000.00, whichever is less, if either of the following is
met:
(a) The event is located in a venue with a seating capacity of
more than 5,000.
(b) The promoter proposes to televise or broadcast the event
over any medium for viewing by spectators who are not present in
the venue.
(7) For purposes of subsection (6), at least 10 days before
the event, the promoter shall submit any contract that is subject
to the regulatory and enforcement fee to the department, stating
the amount of the probable total gross receipts from the sale,
lease, or other exploitation of broadcasting, television, motion
picture rights, or other media for the event. However, this
subsection does not apply to a promoter that agrees to pay a
regulatory and enforcement fee under subsection (6) of $25,000.00,
and the department receives that payment from the promoter at least
3 business days before the event.
(8) The department shall deposit the money received from the
proceeds of the regulatory and enforcement fee into the fund
created in section 22 and use those proceeds for the purposes
described in that section.
(9) Within 1 business day before a contest or event, the
promoter shall deliver to the department a copy of all of the
executed contracts between the promoter and the professionals who
are participating in that contest or event. The copies of the
contracts are exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, except that the
department may disclose statistical information on the number,
types, and amounts of contracts if information regarding
identifiable individuals or categories is not revealed.
(10) The commission or department may require that a promoter
ensure that a contestant is available for drug testing before or
after a contest to detect the presence of controlled substances,
alcohol, enhancers, stimulants, performance enhancing drugs, or
other drugs or substances prohibited by rules promulgated by the
department, or derivatives or metabolites of controlled substances,
alcohol, enhancers, stimulants, performance enhancing drugs, or
other drugs or substances prohibited by rules promulgated by the
department. A contestant shall submit to a urinalysis or chemical
test before or after a contest if the commission, the department, a
designated representative of the commission or department, or an
inspector described in subsection (11) directs him or her to do so.
If a contestant fails or refuses to submit to a urinalysis or
chemical test under this subsection, or the results of the
urinalysis or chemical test confirm or demonstrate that the
contestant has violated this act, he or she is subject to
disciplinary action by the commission under this act. In addition
to any other disciplinary action by the commission, if the
contestant won the contest or the contest was a draw, the
commission may change the result of that contest to a no decision.
The department may promulgate rules to define the terms
"stimulants"
or "performance enhancing drugs."drugs".
(11) A promoter shall not conduct a professional boxing,
professional mixed martial arts, or amateur mixed martial arts
event in this state unless at least 1 inspector is present at the
event. All of the following apply to an inspector:
(a) An inspector shall not have any relationship or business
interest with a licensee involved in an event for which he or she
is the inspector.
(b) An inspector shall collect and submit all contestant drug
tests as required by the department to ensure the chain of custody
of those tests.
(c) An inspector shall weigh in each contestant.
(d) An inspector shall tabulate the scores of each contest.
(e) An inspector shall approve each contestant's hand wraps
before a contest.
(f) An inspector shall monitor the actions of each individual
who assists a contestant during the contest.
(g) (c)
An inspector must be an individual
who meets any of
the following:
(i) Is licensed or certified, or was previously licensed or
certified, by the commission on law enforcement standards under the
Michigan commission on law enforcement standards act, 1965 PA 203,
MCL 28.601 to 28.615.
(ii) Is licensed by the department as a private security guard
or security guard agency.
(iii) Is employed by a security guard agency that is licensed
by the department.
(iv) Was previously approved as an inspector by the
department.
(v) Is approved by the department.
(h) (d)
The department may promulgate rules
under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to establish additional duties of inspectors.
(i) (e)
An inspector shall receive
reasonable compensation,
and reimbursement of his or her actual and necessary travel
expenses, for attending an event.
(j) (f)
The promoter of an event is
responsible for payment of
an
inspector for that event under subdivision (e).(i).
Sec. 33a. (1) Before an individual participates in a contest,
he or she shall obtain a contestant license from the department. To
obtain a contestant license, an applicant must submit all of the
following to the department:
(a) An application that includes his or her name, address, and
date of birth. The department may prescribe the form and the
contents of the application form.
(b) With the application described in subdivision (a), a
nonrefundable application processing fee in the amount of $45.00
and an annual license fee of $45.00.
(c) If he or she is applying for a license as a professional
contestant in boxing, the identification number of his or her
federal identification card described in section 33d(1).
(d) If he or she is applying for a license as a professional
contestant in mixed martial arts, the identification number of his
or her national identification card described in section 33d(2).
(2) Except as otherwise provided in this act, the department
shall issue a contestant license under this section to an
individual who meets the contestant licensing requirements under
this act and rules promulgated under this act. The department shall
assign a license number to each license issued under this
subsection.
(3) In any notice, report, or other communication with the
department or commission that identifies or refers to a specific
contestant, including, but not limited to, the report of the
results
of each contest under section 54a(2)(bb), 54a(2)(aa), a
promoter shall include the license number of the contestant
assigned under subsection (2).
(4) An individual shall not receive a contestant license under
this section unless he or she passes a physical examination that is
performed by a physician and submits the results of that
examination to the department on a form prescribed by the
department.
(5) An individual shall not receive a contestant license under
this section unless he or she is at least 18 years of age.
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
participant if the department determines 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) Enters into a contract for a contest or event in bad
faith.
(e) Participates in any sham or fake contest or event.
(f) Participates in a contest or event under a collusive
understanding or agreement in which the contestant competes or
terminates the contest or event in a manner that is not based on
honest competition or the honest exhibition of the skill of the
contestant.
(g) 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.
(h) Is determined to have performed an act or engaged in
conduct that is detrimental to a contest or event, including, but
not limited to, any foul or unsportsmanlike conduct in connection
with a contest or event.
(i) Gambles on the outcome of a contest or event in which he
or she is a contestant, matchmaker, ring official, or second.
(j) Assaults another licensee, outside of or while not
involved in a contest, a commission member, or a department
employee.
(k) Engages in false advertising.
(l) Fails to comply with a subpoena issued under this act.
(m) Fails to provide a requested document or records to the
department.
(n) Violates or fails to comply with a settlement with or
final order issued by the department or commission.
(o) Fails to pay any obligation that is related to the normal
course of promoting an event, including, but not limited to, venue
rent or judge, physician, referee, or timekeeper fees.
(p) Enters into a contract for a contest or event in bad
faith.
(q) Gambles on the outcome of a contest or event of which the
person is a promoter.
(r) Fails to file current address information with the
department within 30 days after a change occurs.
(s) Tampers with or coerces a contestant.
(t) Aids or abets another person to act as a promoter,
contestant, or participant or conduct an event without a license
under this act.
(u) Violates any other provision of this act or a rule
promulgated under this act for which a penalty or remedy is not
otherwise prescribed.
(2) The department, in consultation with the commission, shall
promulgate rules to provide for both of the following:
(a) The timing of drug tests for contestants.
(b) For purposes of section 48(5), specific summary suspension
procedures for contestants who fail to submit to a drug test or who
test positive for controlled substances, alcohol, enhancers,
stimulants, performance enhancing drugs, or other drugs or
substances prohibited by rules promulgated by the department, or
derivatives or metabolites of controlled substances, alcohol,
enhancers, stimulants, performance enhancing drugs, or other drugs
or substances prohibited by rules promulgated by the department.
The rules shall include all of the following:
(i) A procedure to allow the department to place the licensee
on the national suspension list maintained by the designated
recordkeeper authorized by the Association of Boxing Commissions.
(ii) An expedited appeal process for the summary suspension.
(iii) A relicensing procedure following summary suspension.
(3) Each promoter shall furnish each member of the commission
present at a contest or event a seat in the area immediately
adjacent to the contest or event. An additional seat shall be
provided in the venue.
Sec. 48. (1) If it receives an application for reinstatement
and the payment of any administrative fine assessed by the
commission under this section, the commission may reinstate a
revoked license or lift a suspension.
(2) All of the following apply if disciplinary action is taken
against a person under this act:
(a) If the disciplinary action does not relate to a contest or
event, the commission may, in lieu of suspending or revoking a
license, assess an administrative fine in an amount that does not
exceed $10,000.00.
(b) If disciplinary action is taken against a person under
this act that relates to the preparation for a professional contest
or
an event, the occurrence of a professional
contest or an event,
or any other action taken in conjunction with a professional
contest
or an event, the commission may assess an administrative
fine in an amount that does not exceed 100% of the share of the
purse to which the holder of the license is entitled for the
contest or event.
(c) If disciplinary action is taken against a person under
this act that relates to the preparation for an amateur contest or
event, the occurrence of an amateur contest or event, or any other
action taken in conjunction with an amateur contest or event, the
commission may assess an administrative fine in an amount that does
not exceed $10,000.00.
(d) (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 against the person.
(4) If an administrative fine is 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
penalties or remedies under this act.
(5) Either of the following is grounds for summary suspension
of the individual's license under section 42:
(a) A test resulting in a finding of the presence of
controlled substances, alcohol, enhancers, stimulants, performance
enhancing drugs, or other drugs or substances prohibited by rules
promulgated by the department, or derivatives or metabolites of
controlled substances, alcohol, enhancers, stimulants, performance
enhancing drugs, or other drugs or substances prohibited by rules
promulgated by the department.
(b) The refusal or failure of a contestant to submit to the
drug testing ordered by an authorized person.
Sec. 54a. (1) A licensed promoter that presents an unarmed
combat event in this state must comply with all of the following:
(a)
At least 5 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), (e), (f), and (g).
(b) Within the 5-day period preceding a professional boxing or
professional mixed martial arts event, submit the fight records of
each contestant to the department. "Fight records" means that term
as defined by the department by rule.
(c) Pay all obligations that are related to the normal course
of promoting an unarmed combat event, including, but not limited
to, venue rent and judge, physician, referee, and timekeeper fees.
(d) Arrange for a physician to attend the event for purposes
of
subsection (2)(l), (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)(k), (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 request submitted under subdivision (a).
(f) Arrange for a referee, judges, and a timekeeper to attend
the
event for purposes of subsection (2)(m). (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)(m).
(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).
(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
is weighed and placed in the appropriate weight class. The
department by rule shall establish weight classes for contestants.
As
used in this subdivision and subdivision (f), "weight class"
means
1 of the following:
(i) Mini flyweight, if he or she weighs 105 pounds or
less.
(ii) Light flyweight, if he or she weighs 106 to 108
pounds.
(iii) Flyweight, if he or she weighs 109 to 112 pounds.
(iv) Super flyweight, if he or she weighs 113 to 115
pounds.
(v) Bantamweight, if he or she weighs 116 to 118
pounds.
(vi) Super bantamweight, if he or she weighs 119 to 122
pounds.
(vii) Featherweight, if he or she weighs 123 to 126
pounds.
(viii) Super featherweight, if he or she weighs 127 to
130
pounds.
(ix) Lightweight, if he or she weighs 131 to 135
pounds.
(x) Super lightweight, if he or she weighs 136 to 140
pounds.
(xi) Welterweight, if he or she weighs 141 to 147
pounds.
(xii) Super welterweight, if he or she weighs 148 to 154
pounds.
(xiii) Middleweight, if he or she weighs 155 to 160
pounds.
(xiv) Super middleweight, if he or she weighs 161 to 168
pounds.
(xv) Light heavyweight, if he or she weighs 169 to 175
pounds.
(xvi) Cruiserweight, if he or she weighs 176 to 200
pounds.
(xvii) Heavyweight, if he or she weighs 201 to 260
pounds.
(xviii) Super heavyweight, if he or she weighs 261 pounds
or
more.
(f)
A contestant only participates in a contest with another
contestant
who meets 1 of the following:
(i) The other contestant is in the same class as the
contestant.
(ii) If the contestant's weight class is mini
flyweight, light
flyweight,
flyweight, super flyweight, or bantamweight, and the
other
contestant is in another weight class, the weight difference
between
the contestants is not more than 3 pounds.
(iii) If the contestant's weight class is super
bantamweight,
featherweight,
or super featherweight, and the other contestant is
in
another weight class, the weight difference between the
contestants
is not more than 4 pounds.
(iv) If the contestant's weight class is lightweight or
super
lightweight,
and the other contestant is in another weight class,
the
weight difference between the contestants is not more than 5
pounds.
(v) If the contestant's weight class is welterweight,
super
welterweight,
middleweight, super middleweight, or light
heavyweight,
and the other contestant is in another weight class,
the
weight difference between the contestants is not more than 7
pounds.
(vi) If the contestant's weight class is heavyweight or
super
heavyweight,
there is no limitation on the weight difference
between
the contestant and the other contestant.
(f) (g)
An individual does not compete as a
contestant unless
he
or she submits to the promoter department
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.
(g) (h)
An individual does not compete as a
contestant unless
he
or she submits to the promoter department
the results of an
ophthalmologic
exam that was performed in the 180-day period that
precedes
the contest or event and the results of the exam are
submitted
to the department.by a
licensed optometrist or
ophthalmologist within the 12-month period that precedes the
contest or event that indicate that the contestant is medically
cleared to fight. The individual shall submit the results on a form
prescribed by the department.
(h) (i)
A female individual does not
compete as a contestant
unless
she submits to the promoter department
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) (j)
An individual is not allowed to
compete as a
contestant without proper medical clearance.
(j) (k)
The event does not take place or
continue without an
ambulance that is staffed by at least 2 emergency medical
technicians on the premises of the event.
(k) (l) The
event does not take place or continue without a
physician at the event.
(l) (m)
The event does not take place or
continue without an
inspector and a trained and competent referee, judge, and
timekeeper.
(m) (n)
An individual is not allowed to
compete as a
contestant if there is any reason to suspect that he or she is
impaired or has used or uses performance enhancing drugs.
(n) (o)
A professional is not allowed to
compete as a
contestant
in an amateur event.contest.
(o) (p)
If an individual lost a contest by
a technical
knockout in the 30-day period preceding the event, he or she is not
allowed to compete as a contestant unless he or she submits the
results of a physical examination to the department that indicate
that he or she is fit to compete.
(p) (q)
The physician at the event
determines the status of a
contestant who is knocked out or whose contest is stopped by the
referee. The physician may make recommendations concerning either
of the following:
(i) The contestant's status, including, but not limited to, a
recommendation to the department that the contestant not compete
for a period of time specified by the physician.
(ii) The need for additional testing or examination of the
contestant, including, but not limited to, a postfight neurological
examination, which may include performing computerized axial
tomography (CAT) scans or magnetic resonance imaging (MRI) on the
contestant immediately after the contestant leaves the event venue.
(q) (r)
If a physician recommended that the
contestant not
compete
for a period of time under subdivision (q)(i), (p)(i), that
contestant does not compete in another contest during that time
period.
(r) (s)
If a physician recommended further
neurological
examination
of a contestant under subdivision (q)(ii), (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) (t)
A contestant who sustains a severe
injury or knockout
in a contest is examined by a physician and is not permitted to
compete in another contest until a physician certifies that the
contestant is fully recovered.
(t) (u)
An individual who meets all of the
following does not
compete as a contestant:
(i) He or she participated in multiple contests before the
event.
(ii) In any 90-day period, he or she was knocked out in 2
contests or 2 of his or her contests were stopped and a physician
recommended
neurological testing under subdivision (q) (p)
after
any of those contests.
(iii) The second knockout or stoppage described in
subparagraph (ii) occurred in the 120-day period preceding the
event.
(u) (v)
An individual who meets all of the
following does not
compete as a contestant:
(i) He or she participated in multiple contests before the
event.
(ii) In any 12-month period, he or she was knocked out in 3
consecutive contests or 3 consecutive contests were stopped and a
physician
recommended neurological testing under subdivision (q)
(p) after any of those contests.
(iii) The third knockout or stoppage described in subparagraph
(ii) occurred in the 1-year period preceding the event.
(v) (w)
If an individual was not allowed to
compete as a
contestant in an earlier event because he or she met the
requirement
of subdivision (s), (t), or
(u) , or (v) at the time of
that earlier event, he or she does not compete as a contestant
unless he or she provides the promoter with proper medical
clearance.
(w) (x)
Each contestant is at least 18
years of age.
(x) (y)
A contestant does not compete in
more than 1 contest
at an event.
(y) (z)
All of the contestants in a contest
are the same
gender.
(z) (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.
(aa) (bb)
The results of each contest are
reported to the
department, on a form prescribed by the department, within 48 hours
after the conclusion of the event. The report shall include any
physician
recommendations under subdivision (q). (p). 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.
(bb) (cc)
In a professional event, that
tickets sold by
contestants are not a factor in determining the amount of the
purse.
(cc) (dd)
If a mixed martial arts contest is
a cage fight, the
referee conducts a safety inspection of the cage before the
contest.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
