First Substitute H.B. 254

This document includes House Floor Amendments incorporated into the bill on Mon, Feb 12, 2007 at 2:36 PM by jeyring. -->

Representative Gregory H. Hughes proposes the following substitute bill:

1 PETE SUAZO ATHLETIC COMMISSION
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: Ed Mayne
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Pete Suazo Utah Athletic Commission Act.
10 Highlighted Provisions:
11 This bill:
12 . excludes sparring from the definition of club fighting;
13 . moves the Pete Suazo Utah Athletic Commission from the Department of
14 Commerce to the Department of Community and Culture;
15 . changes the number and manner of appointment of commission members;
16 . removes a restriction limiting the number of terms a commission member may
17 serve;
18 . removes a requirement that a security guard for an unarmed combat contest be
19 licensed by the commission;
20 . eliminates some provisions concerning an applicant's character;
21 . addresses a ringside physician's duties and authority;
22 . changes the calculation of a license fee from a gross receipts calculation to one
23 based on venue size;
24 . permits a contract in which a contestant agrees to fight within a weight range
25 narrower than that permitted by the statutory weight classes;

26 . provides that final approval for a contest under ten rounds may be granted in a time
27 determined by the commission, instead of seven days before the contest;
28 . provides that a third party may not receive or submit a contestant's medical
29 information;
30 . eliminates a report to the commission; and
31 . makes technical changes.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 This bill takes effect on July 1, 2007.
36 This bill coordinates with S.B. 167, Utah Sports Authority, by providing substantive
37 and technical amendments.
38 Utah Code Sections Affected:
39 ENACTS:
40 9-16-101, Utah Code Annotated 1953
41 9-16-102, Utah Code Annotated 1953
42 9-16-201, Utah Code Annotated 1953
43 9-16-202, Utah Code Annotated 1953
44 9-16-203, Utah Code Annotated 1953
45 9-16-204, Utah Code Annotated 1953
46 9-16-205, Utah Code Annotated 1953
47 9-16-301, Utah Code Annotated 1953
48 9-16-302, Utah Code Annotated 1953
49 9-16-303, Utah Code Annotated 1953
50 9-16-304, Utah Code Annotated 1953
51 9-16-305, Utah Code Annotated 1953
52 9-16-401, Utah Code Annotated 1953
53 9-16-402, Utah Code Annotated 1953
54 9-16-403, Utah Code Annotated 1953
55 9-16-404, Utah Code Annotated 1953
56 9-16-405, Utah Code Annotated 1953

57 9-16-406, Utah Code Annotated 1953
58 9-16-407, Utah Code Annotated 1953
59 9-16-408, Utah Code Annotated 1953
60 9-16-409, Utah Code Annotated 1953
61 9-16-501, Utah Code Annotated 1953
62 9-16-502, Utah Code Annotated 1953
63 9-16-503, Utah Code Annotated 1953
64 9-16-504, Utah Code Annotated 1953
65 9-16-505, Utah Code Annotated 1953
66 REPEALS:
67 13-33-101, as last amended by Chapter 9, Laws of Utah 2001, Second Special Session
68 13-33-102, as last amended by Chapter 72, Laws of Utah 2006
69 13-33-201, as last amended by Chapter 72, Laws of Utah 2006
70 13-33-202, as last amended by Chapter 72, Laws of Utah 2006
71 13-33-203, as last amended by Chapter 72, Laws of Utah 2006
72 13-33-204, as enacted by Chapter 91, Laws of Utah 2001
73 13-33-205, as enacted by Chapter 91, Laws of Utah 2001
74 13-33-301, as last amended by Chapter 72, Laws of Utah 2006
75 13-33-302, as enacted by Chapter 91, Laws of Utah 2001
76 13-33-303, as last amended by Chapter 72, Laws of Utah 2006
77 13-33-304, as last amended by Chapter 304, Laws of Utah 2002
78 13-33-305, as enacted by Chapter 91, Laws of Utah 2001
79 13-33-401, as last amended by Chapter 72, Laws of Utah 2006
80 13-33-402, as last amended by Chapter 104, Laws of Utah 2005
81 13-33-403, as last amended by Chapter 72, Laws of Utah 2006
82 13-33-404, as last amended by Chapter 72, Laws of Utah 2006
83 13-33-405, as last amended by Chapter 104, Laws of Utah 2005
84 13-33-406, as enacted by Chapter 72, Laws of Utah 2006
85 13-33-502, as last amended by Chapter 9, Laws of Utah 2001, Second Special Session
86 13-33-503, as enacted by Chapter 91, Laws of Utah 2001
87 13-33-504, as last amended by Chapter 72, Laws of Utah 2006

88 13-33-505, as enacted by Chapter 91, Laws of Utah 2001
89 13-33-506, as last amended by Chapter 17, Laws of Utah 2004
90 13-33-507, as enacted by Chapter 104, Laws of Utah 2005
91 13-33-508, as last amended by Chapter 72, Laws of Utah 2006
92
93 Be it enacted by the Legislature of the state of Utah:
94 Section 1. Section 9-16-101 is enacted to read:
95 CHAPTER 16. PETE SUAZO UTAH ATHLETIC COMMISSION ACT
96 Part 1. General Provisions
97 9-16-101. Title.
98 This chapter is known as the "Pete Suazo Utah Athletic Commission Act."
99 Section 2. Section 9-16-102 is enacted to read:
100 9-16-102. Definitions.
101 As used in this chapter:
102 (1) "Bodily injury" is as defined in Section 76-1-601 .
103 (2) "Boxing" means the sport of attack and defense using the fist, covered by an
104 approved boxing glove.
105 (3) (a) "Club fighting" means any contest of unarmed combat, whether or not
106 admission is charged, if:
107 (i) the rules of the contest are not approved by the commission;
108 (ii) a licensed physician or osteopath is not in attendance;
109 (iii) a negative result from an HIV test performed on each contestant not less than 180
110 days before the contest has not been provided to the commission;
111 (iv) the contest is not conducted in accordance with commission rules; or
112 (v) the contestants are not matched by the weight standards described in Section
113 9-16-407 .
114 (b) "Club fighting" does not include sparring if it is conducted for training purposes
115 and no tickets are sold to spectators.
116 (4) "Commission" means the Pete Suazo Utah Athletic Commission created in this
117 chapter.
118 (5) "Contest" means a live match, performance, or exhibition involving two or more

119 persons engaged in unarmed combat.
120 (6) "Contestant" means a person who participates in a contest.
121 (7) "Designated commission member" means a member of the commission designated
122 to:
123 (a) attend and supervise a particular contest; and
124 (b) act on the behalf of the commission at a contest venue.
125 (8) "Elimination boxing contest" means:
126 (a) a contest where a number of contestants participate in a tournament over a period of
127 time not exceeding 48 hours; and
128 (b) the loser of each contest is eliminated from further competition.
129 (9) "Exhibition" means an engagement in which the participants show or display their
130 skills without necessarily striving to win.
131 (10) "Federal identification card" means an identification card issued under 15 U.S.C.
132 Sec. 6305.
133 (11) "Judge" means an individual qualified by training or experience to:
134 (a) rate the performance of contestants;
135 (b) score a contest; and
136 (c) determine with other judges whether there is a winner of the contest or whether the
137 contestants performed equally resulting in a draw.
138 (12) "Licensee" means an individual licensed by the commission to act as a:
139 (a) contestant;
140 (b) judge;
141 (c) manager;
142 (d) promoter;
143 (e) referee; or
144 (f) second.
145 (13) "Manager" means an individual who represents a contestant for the purposes of:
146 (a) obtaining a contest;
147 (b) negotiating terms and conditions of the contract under which the contestant will
148 engage in a contest; or
149 (c) arranging for a second for the contestant at a contest.

150 (14) "Promoter" means a person who engages in producing or staging contests and
151 promotions.
152 (15) "Promotion" means a single contest or a combination of contests that occur during
153 the same time at the same location and that is produced or staged by a promoter.
154 (16) "Purse" means any money, prize, remuneration, or any other valuable
155 consideration a contestant receives or may receive for participation in a contest.
156 (17) "Referee" means an individual qualified by training or experience to act as the
157 official attending a contest at the point of contact between contestants for the purpose of:
158 (a) enforcing the rules relating to the contest;
159 (b) stopping the contest in the event the health, safety, and welfare of a contestant or
160 any other person in attendance at the contest is in jeopardy; and
161 (c) to act as a judge if so designated by the commission.
162 (18) "Round" means one of a number of individual time periods that, taken together,
163 constitute a contest during which contestants are engaged in a form of unarmed combat.
164 (19) "Second" means an individual who attends a contestant at the site of the contest
165 before, during, and after the contest in accordance with contest rules.
166 (20) "Secretary" means the secretary of the Pete Suazo Utah Athletic Commission.
167 (21) "Serious bodily injury" is as defined in Section 76-1-601 .
168 (22) "Ultimate fighting" means a live contest, whether or not an admission fee is
169 charged in which:
170 (a) contest rules permit contestants to use a combination of boxing, kicking, wrestling,
171 hitting, punching, or other combative, contact techniques;
172 (b) contest rules incorporate a formalized system of combative techniques against
173 which a contestant's performance is judged to determine the prevailing contestant;
174 (c) contest rules divide nonchampionship contests into three equal and specified rounds
175 of no more than five minutes per round with a rest period of one minute between each round;
176 (d) contest rules divide championship contests into five equal and specified rounds of
177 no more than five minutes per round with a rest period of one minute between each round; and
178 (e) contest rules prohibit contestants from:
179 (i) using anything that is not part of the human body, except for boxing gloves, to
180 intentionally inflict serious bodily injury upon an opponent through direct contact or the

181 expulsion of a projectile;
182 (ii) striking a person who demonstrates an inability to protect himself from the
183 advances of an opponent;
184 (iii) biting; or
185 (iv) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of
186 the neck, and temple area of the head.
187 (23) (a) "Unarmed combat" means boxing or any other form of competition in which a
188 blow is usually struck that may reasonably be expected to inflict bodily injury.
189 (b) "Unarmed combat" does not include a competition or exhibition between
190 participants in which the participants engage in simulated combat for entertainment purposes.
191 (24) "Unlawful conduct" means organizing, promoting, or participating in a contest
192 involving contestants that are not licensed under this chapter.
193 (25) "Unprofessional conduct" means:
194 (a) entering into a contract for a contest in bad faith;
195 (b) participating in any sham or fake contest;
196 (c) participating in a contest pursuant to a collusive understanding or agreement in
197 which the contestant competes in or terminates the contest in a manner that is not based upon
198 honest competition or the honest exhibition of the skill of the contestant;
199 (d) engaging in an act or conduct that is detrimental to a contest, including any foul or
200 unsportsmanlike conduct in connection with a contest;
201 (e) failing to comply with any limitation, restriction, or condition placed on a license;
202 (f) striking of a downed opponent by a contestant while the contestant remains on the
203 contestant's feet unless the commission, following a hearing conducted under Subsection
204 9-16-404 (3) and before the contest, has exempted the contest and each contestant from this
205 Subsection (25)(f);
206 (g) after entering the ring or contest area, penetrating an area within four feet of an
207 opponent by a contestant, manager, or second before the commencement of the contest; or
208 (h) as further defined by rule by the commission.
209 (26) "White-collar boxing contest" means a contest H. conducted at a training
209a facility where no alcohol is served .H in which:
210 (a) neither contestant is a professional boxer or an amateur registered with USA
211 Boxing, Inc; H. [ and ] .H

212 (b) no cash prize, or other prize valued at greater than $35, is awarded H. [ . ] ;
212a (c) protective clothing, including protective headgear, a mouthguard, a protective cup,
212b and for a female contestant a chestguard, is worn;
212c (d) 16 ounce boxing gloves are worn;
212d (e) no winner is declared; and
212e (f) the contestants do not compete in a cage. .H
213 Section 3. Section 9-16-201 is enacted to read:
214 Part 2. Commission
215 9-16-201. Pete Suazo Utah Athletic Commission -- Membership -- Appointment --
216 Terms -- Removal -- Quorum -- Compensation -- Chair.
217 (1) There is created within the Department of Community and Culture the Pete Suazo
218 Utah Athletic Commission consisting of three members.
219 (2) (a) The governor, president of the Senate, and speaker of the House shall each
220 appoint one commission member.
221 (b) The commission members may not be licensees under this chapter.
222 (3) (a) Except as required by Subsection (3)(b), as terms of current members expire, the
223 governor, president, or speaker, respectively, shall appoint each new member or reappointed
224 member to a four-year term.
225 (b) The governor shall, at the time of appointment or reappointment, adjust the length
226 of the governor's appointee's term to ensure that the terms of members are staggered so that at
227 least one member of the commission is appointed every two years.
228 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
229 appointed for the unexpired term.
230 (d) If a commission member fails or refuses to fulfill the responsibilities and duties of a
231 commission member, including the attendance at commission meetings, the governor,
232 president, or speaker, respectively, with the approval of the commission, may remove the
233 commission member and replace the member in accordance with this section.
234 (4) (a) A majority of the commission members constitutes a quorum.
235 (b) A quorum is sufficient authority for the commission to act.
236 (5) (a) (i) Members who are not government employees shall receive no compensation
237 or benefits for their services, but may receive per diem and expenses incurred in the
238 performance of the member's official duties at the rates established by the Division of Finance
239 under Sections 63A-3-106 and 63A-3-107 .
240 (ii) Members may decline to receive per diem and expenses for their service.
241 (b) (i) State government officer and employee members who do not receive salary, per
242 diem, or expenses from their agency for their service may receive per diem and expenses

243 incurred in the performance of their official duties at the rates established by the Division of
244 Finance under Sections 63A-3-106 and 63A-3-107 .
245 (ii) State government officer and employee members may decline to receive per diem
246 and expenses for their service.
247 (6) The commission shall annually designate one of its members to serve as chair for a
248 one-year period.
249 Section 4. Section 9-16-202 is enacted to read:
250 9-16-202. Commission powers and duties.
251 (1) The commission shall:
252 (a) purchase and use a seal;
253 (b) adopt rules for the administration of this chapter in accordance with Title 63,
254 Chapter 46a, Utah Administrative Rulemaking Act;
255 (c) prepare all forms of contracts between sponsors, licensees, promoters, and
256 contestants; and
257 (d) hold hearings relating to matters under its jurisdiction, including violations of this
258 chapter or rules made under this chapter.
259 (2) The commission may subpoena witnesses, take evidence, and require the
260 production of books, papers, documents, records, contracts, recordings, tapes, correspondence,
261 or other information relevant to an investigation if the commission or the commission's
262 designee considers it necessary.
263 Section 5. Section 9-16-203 is enacted to read:
264 9-16-203. Commission secretary.
265 (1) The commission shall employ a secretary to conduct the commission's business,
266 who must not be a member of the commission.
267 (2) The secretary serves at the pleasure of the commission.
268 Section 6. Section 9-16-204 is enacted to read:
269 9-16-204. Inspectors.
270 (1) (a) The commission may appoint one or more official representatives to be
271 designated as inspectors.
272 (b) An inspector serves at the pleasure of the commission.
273 (2) An inspector may not act as an inspector before receiving from the commission a

274 card authorizing that inspector to act as an inspector for the commission.
275 (3) An inspector may not promote or sponsor any contest.
276 (4) Each inspector is entitled to receive a fee approved by the commission for the
277 performance of duties under this chapter.
278 Section 7. Section 9-16-205 is enacted to read:
279 9-16-205. Affiliation with other commissions.
280 The commission may affiliate with any other state or national boxing commission or
281 athletic authority.
282 Section 8. Section 9-16-301 is enacted to read:
283 Part 3. Licensing
284 9-16-301. Licenses.
285 (1) A license is required for a person to act as or to represent that the person is a:
286 (a) promoter;
287 (b) manager;
288 (c) contestant;
289 (d) second;
290 (e) referee; or
291 (f) judge.
292 (2) The commission shall issue to a person who qualifies under this chapter a license in
293 the classifications of:
294 (a) promoter;
295 (b) manager;
296 (c) contestant;
297 (d) second;
298 (e) referee; or
299 (f) judge.
300 (3) All moneys collected pursuant to this section and Sections 9-16-304 , 9-16-403 , and
301 9-16-503 shall be deposited in the General Fund.
302 (4) Each applicant for licensure as a promoter shall:
303 (a) submit an application in a form prescribed by the commission;
304 (b) pay the fee determined by the commission under Section 63-38-3.2 ;

305 (c) provide to the commission evidence of financial responsibility, which shall include
306 financial statements and other information that the commission may reasonably require to
307 determine that the applicant or licensee is able to competently perform as and meet the
308 obligations of a promoter in this state;
309 (d) produce information, documentation, and assurances as may be required by the
310 commission that the applicant:
311 (i) has not been convicted in any jurisdiction of a crime that the commission
312 determines because of the nature of the crime and circumstances surrounding the crime should
313 disqualify the applicant from licensure in the public interest;
314 (ii) is not engaging in illegal gambling with respect to sporting events or gambling with
315 respect to the promotions the applicant is promoting;
316 (iii) has not been found in a criminal or civil proceeding to have engaged in or
317 attempted to engage in any fraud or misrepresentation in connection with a contest or any other
318 sporting event; and
319 (iv) has not been found in a criminal or civil proceeding to have violated or attempted
320 to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
321 to the regulation of contests in this state or any other jurisdiction;
322 (e) acknowledge in writing to the commission receipt, understanding, and intent to
323 comply with this chapter and the rules made under this chapter; and
324 (f) if requested by the commission or the secretary, meet with the commission or the
325 secretary to examine the applicant's qualifications for licensure.
326 (5) Each applicant for licensure as a contestant shall:
327 (a) be not less than 18 years of age at the time the application is submitted to the
328 commission;
329 (b) submit an application in a form prescribed by the commission;
330 (c) pay the fee established by the commission under Section 63-38-3.2 ;
331 (d) provide a certificate of physical examination, dated not more than 60 days before
332 the date of application for license:
333 (i) in a form provided by the commission; and
334 (ii) completed by a licensed physician certifying that the applicant is free from any
335 physical or mental condition indicating that the applicant should not engage in activity as a

336 contestant;
337 (e) provide the commission with an accurate history of all contests in which the
338 applicant has engaged since becoming a contestant, including:
339 (i) whether the applicant won or lost each contest; and
340 (ii) identifying any contest in which there was a knockout or technical knockout;
341 (f) produce information, documentation, and assurances as may be required by the
342 commission that the applicant:
343 (i) has not been convicted in any jurisdiction of a crime that the commission
344 determines because of the nature of the crime and circumstances surrounding that crime should
345 disqualify the applicant from licensure in the public interest;
346 (ii) is not engaging in illegal gambling with respect to sporting events or gambling with
347 respect to a contest in which the applicant will participate;
348 (iii) has not been found in a criminal or civil proceeding to have engaged in or
349 attempted to have engaged in any fraud or misrepresentation in connection with a contest or
350 any other sporting event; and
351 (iv) has not been found in a criminal or civil proceeding to have violated or attempted
352 to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
353 to the regulation of contests in this state or any other jurisdiction;
354 (g) acknowledge in writing to the commission receipt, understanding, and intent to
355 comply with this chapter and the rules made under this chapter; and
356 (h) if requested by the commission or the secretary, meet with the commission or the
357 secretary to examine the applicant's qualifications for licensure.
358 (6) Each applicant for licensure as a manager or second shall:
359 (a) submit an application in a form prescribed by the commission;
360 (b) pay a fee determined by the commission under Section 63-38-3.2 ;
361 (c) produce information, documentation, and assurances as may be required by the
362 commission that the applicant:
363 (i) has not been convicted in any jurisdiction of a crime that the commission
364 determines because of the nature of the crime and circumstances surrounding that crime should
365 disqualify the applicant from licensure in the public interest;
366 (ii) is not engaging in illegal gambling with respect to sporting events or gambling with

367 respect to a contest in which the applicant is participating;
368 (iii) has not been found in a criminal or civil proceeding to have engaged in or
369 attempted to have engaged in any fraud or misrepresentation in connection with a contest or
370 any other sporting event; and
371