Bill Text: MI SB1054 | 2015-2016 | 98th Legislature | Engrossed

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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: (Engrossed - Dead) 2016-12-08 - Referred To Committee On Regulatory Reform [SB1054 Detail]

Download: Michigan-2015-SB1054-Engrossed.html

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SB-1054, As Passed Senate, December 8, 2016

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1054

 

 

 

 

 

 

 

 

 

 

 

 

     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)

 

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.