S.B. 167 Enrolled

1

UTAH SPORTS AUTHORITY
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mike Dmitrich
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill creates the Utah Sports Authority and moves the Pete Suazo Utah Athletic
10 Commission to the authority.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . creates the Utah Sports Authority;
15 . provides for the appointment of authority members and the conduct of authority
16 business;
17 . provides for the authority's powers and duties;
18 . moves the Pete Suazo Utah Athletic Commission from the Department of
19 Commerce to the authority;
20 . exempts sparring from the prohibition on club fighting;
21 . temporarily reduces the size of the commission from five to three members;
22 . addresses the manner of appointment of commission members;
23 . eliminates the required licensing of security guards;
24 . eliminates provisions relating to evaluating a licensee's good character;
25 . changes the manner of calculating a fee for holding a contest or event;
26 . eliminates a provision requiring reports relevant to the calculation of the fee for a
27 contest or event;
28 . provides for the transition of licenses issued by the Department of Commerce to the
29 authority;

30 . addresses commission approval of a contest;
31 . addresses the provision of medical information concerning a contestant to the
32 commission;
33 . provides for the appointment and authority of a ringside physician;
34 . allows the commission to make rules governing the conduct of a contest;
35 . provides for the formation of an ad hoc working group to consider statutory and
36 administrative changes; and
37 . makes technical changes.
38 Monies Appropriated in this Bill:
39 None
40 Other Special Clauses:
41 This bill takes effect on July 1, 2007.
42 Utah Code Sections Affected:
43 ENACTS:
44 63C-11-101, Utah Code Annotated 1953
45 63C-11-102, Utah Code Annotated 1953
46 63C-11-201, Utah Code Annotated 1953
47 63C-11-202, Utah Code Annotated 1953
48 63C-11-319, Utah Code Annotated 1953
49 63C-11-326, Utah Code Annotated 1953
50 RENUMBERS AND AMENDS:
51 63C-11-301, (Renumbered from 13-33-101, as last amended by Chapter 9, Laws of
52 Utah 2001, Second Special Session)
53 63C-11-302, (Renumbered from 13-33-102, as last amended by Chapter 72, Laws of
54 Utah 2006)
55 63C-11-303, (Renumbered from 13-33-201, as last amended by Chapter 72, Laws of
56 Utah 2006)
57 63C-11-304, (Renumbered from 13-33-202, as last amended by Chapter 72, Laws of

58 Utah 2006)
59 63C-11-305, (Renumbered from 13-33-203, as last amended by Chapter 72, Laws of
60 Utah 2006)
61 63C-11-306, (Renumbered from 13-33-204, as enacted by Chapter 91, Laws of Utah
62 2001)
63 63C-11-307, (Renumbered from 13-33-205, as enacted by Chapter 91, Laws of Utah
64 2001)
65 63C-11-308, (Renumbered from 13-33-301, as last amended by Chapter 72, Laws of
66 Utah 2006)
67 63C-11-309, (Renumbered from 13-33-302, as enacted by Chapter 91, Laws of Utah
68 2001)
69 63C-11-310, (Renumbered from 13-33-303, as last amended by Chapter 72, Laws of
70 Utah 2006)
71 63C-11-311, (Renumbered from 13-33-304, as last amended by Chapter 304, Laws of
72 Utah 2002)
73 63C-11-312, (Renumbered from 13-33-305, as enacted by Chapter 91, Laws of Utah
74 2001)
75 63C-11-313, (Renumbered from 13-33-401, as last amended by Chapter 72, Laws of
76 Utah 2006)
77 63C-11-314, (Renumbered from 13-33-402, as last amended by Chapter 104, Laws of
78 Utah 2005)
79 63C-11-315, (Renumbered from 13-33-403, as last amended by Chapter 72, Laws of
80 Utah 2006)
81 63C-11-316, (Renumbered from 13-33-404, as last amended by Chapter 72, Laws of
82 Utah 2006)
83 63C-11-317, (Renumbered from 13-33-405, as last amended by Chapter 104, Laws of
84 Utah 2005)
85 63C-11-318, (Renumbered from 13-33-406, as enacted by Chapter 72, Laws of Utah

86 2006)
87 63C-11-320, (Renumbered from 13-33-503, as enacted by Chapter 91, Laws of Utah
88 2001)
89 63C-11-321, (Renumbered from 13-33-504, as last amended by Chapter 72, Laws of
90 Utah 2006)
91 63C-11-322, (Renumbered from 13-33-505, as enacted by Chapter 91, Laws of Utah
92 2001)
93 63C-11-323, (Renumbered from 13-33-506, as last amended by Chapter 17, Laws of
94 Utah 2004)
95 63C-11-324, (Renumbered from 13-33-507, as enacted by Chapter 104, Laws of Utah
96 2005)
97 63C-11-325, (Renumbered from 13-33-508, as last amended by Chapter 72, Laws of
98 Utah 2006)
99 REPEALS:
100 13-33-502, as last amended by Chapter 9, Laws of Utah 2001, Second Special Session
101 Uncodified Material Affected:
102 ENACTS UNCODIFIED MATERIAL
103
104 Be it enacted by the Legislature of the state of Utah:
105 Section 1. Section 63C-11-101 is enacted to read:
106 CHAPTER 11. UTAH SPORTS AUTHORITY
107 Part 1. General Provisions
108 63C-11-101. Title.
109 This chapter is known as the "Utah Sports Authority Act."
110 Section 2. Section 63C-11-102 is enacted to read:
111 63C-11-102. Definitions.
112 As used in this chapter:
113 (1) "Authority" means the Utah Sports Authority created by this chapter.

114 (2) "Division of Parks and Recreation" means the Division of Parks and Recreation
115 created in Section 63-11-17.1 .
116 Section 3. Section 63C-11-201 is enacted to read:
117 Part 2. Utah Sports Authority
118 63C-11-201. Utah Sports Authority -- Creation -- Appointments -- Terms --
119 Quorum -- Expenses.
120 (1) (a) There is created the Utah Sports Authority.
121 (b) The authority is considered an agency of the state for the purpose of Title 11,
122 Chapter 13, Interlocal Cooperation Act.
123 (2) The authority consists of the following seven members, who shall have a
124 background and interest in the development of sporting opportunities or facilities:
125 (a) three members appointed by the governor, who may not be legislators;
126 (b) two members appointed by the president of the Senate, who may not be legislators;
127 and
128 (c) two members appointed by the speaker of the House of Representatives, who may
129 not be legislators.
130 (3) The authority shall select a chair from among its members.
131 (4) (a) Members appointed under Subsection (2) shall serve four-year terms.
132 (b) At the time of appointment, the governor shall adjust the term of two of the
133 governor's appointees to ensure that at least one member is appointed by the governor every
134 two years.
135 (c) At the time of appointment, the president and speaker shall each adjust the term of
136 one of their appointees to ensure that one of their appointees is appointed every two years.
137 (d) When a vacancy occurs in the authority during the term of one of the members, the
138 governor, president, or speaker, respectively, shall appoint the replacement for the remainder of
139 the unexpired term.
140 (5) Four members of the authority constitute a quorum.
141 (6) (a) (i) Members who are not government employees shall receive no compensation

142 or benefits for their services, but may receive per diem and expenses incurred in the
143 performance of the member's official duties at the rates established by the Division of Finance
144 under Sections 63A-3-106 and 63A-3-107 .
145 (ii) Members may decline to receive per diem and expenses for their service.
146 (b) (i) State or local government officer or employee members who do not receive per
147 diem and expenses from their agency for their service may receive per diem and expenses
148 incurred in the performance of their official duties from the authority at the rates established by
149 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
150 (ii) State or local government officer or employee members may decline to receive per
151 diem and expenses for their service.
152 (7) The authority may meet as necessary to exercise its powers and duties in
153 accordance with Section 63C-11-202 .
154 Section 4. Section 63C-11-202 is enacted to read:
155 63C-11-202. Powers and duties of authority.
156 (1) The authority shall:
157 (a) hire an executive director, who shall serve as staff to the authority;
158 (b) oversee and make any necessary rules concerning the Pete Suazo Utah Athletic
159 Commission created in Section 63C-11-303 ; and
160 (c) make rules in accordance with Title 63, Chapter 46a, Utah Administrative
161 Rulemaking Act, necessary for the administration of this chapter.
162 (2) The authority may:
163 (a) hire employees to carry out its duties as budgetary constraints allow;
164 (b) solicit and accept contributions of moneys, services, and facilities from any other
165 sources, public or private, and shall use these funds for coordinating the promotion and
166 enhancement of sporting opportunities in Utah; and
167 (c) contract with an existing not-for-profit organization for the purpose of sports
168 development throughout the state, including:
169 (i) branding, advertising, and marketing;

170 (ii) sports tourism promotion, including attracting and developing sporting events;
171 (iii) coordinating with any other entity the promotion or enhancement of sporting
172 opportunities in Utah;
173 (iv) partnering with existing entities for Olympic-related sports development;
174 (v) coordinating with the Division of Parks and Recreation to establish a destination
175 golf program to promote golf-related tourism; and
176 (vi) coordinating with existing entities the recruitment and relocation of the United
177 States Olympic Committee National Governing Bodies and other organizations governing
178 sports.
179 (3) The authority may not perform any of the functions listed in Subsections (2)(c)(i)
180 through (vi).
181 (4) (a) The not-for-profit organization contracted with in Subsection (1):
182 (i) shall have at least five years' experience in the promotion, development, and
183 marketing of sports events and sports tourism;
184 (ii) shall represent all geographic areas of the state; and
185 (iii) may not have a financial or ownership interest in any sports venue.
186 (b) Development of sports under the contract entered into under Subsection (1) shall
187 include:
188 (i) summer and winter sports;
189 (ii) amateur and professional sports; and
190 (iii) participatory and spectator sports.
191 Section 5. Section 63C-11-301 , which is renumbered from Section 13-33-101 is
192 renumbered and amended to read:
193 Part 3. Pete Suazo Utah Athletic Commission Act
194 [13-33-101]. 63C-11-301. Title.
195 This chapter is known as the "Pete Suazo Utah Athletic Commission Act."
196 Section 6. Section 63C-11-302 , which is renumbered from Section 13-33-102 is
197 renumbered and amended to read:

198 [13-33-102]. 63C-11-302. Definitions.
199 As used in this chapter:
200 (1) "Bodily injury" is as defined in Section 76-1-601 .
201 (2) "Boxing" means the sport of attack and defense using the fist, which is covered by
202 an approved boxing glove.
203 (3) (a) "Club fighting" means any contest of unarmed combat, whether admission is
204 charged or not, where:
205 [(a)] (i) the rules of the contest are not approved by the commission;
206 [(b)] (ii) a licensed physician or osteopath is not in attendance;
207 [(c)] (iii) an HIV negative test regarding each contestant not less than 180 days before
208 the contest has not been provided to the commission;
209 [(d)] (iv) the contest is not conducted in accordance with commission rules; or
210 [(e)] (v) the contestants are not matched by the weight standards described in Section
211 [ 13-33-507 ] 63C-11-324 .
212 (b) "Club fighting" does not include sparring if:
213 (i) it is conducted for training purposes;
214 (ii) no tickets are sold to spectators;
215 (iii) no concessions are available for spectators;
216 (iv) protective clothing, including protective headgear, a mouthguard, and a protective
217 cup, is worn; and
218 (v) for boxing, 16 ounce boxing gloves are worn.
219 (4) "Commission" means the Pete Suazo Utah Athletic Commission created in this
220 chapter.
221 (5) "Contest" means a live match, performance, or exhibition involving two or more
222 persons engaged in unarmed combat.
223 (6) "Contestant" means an individual who participates in a contest.
224 [(7) "Department" means the Department of Commerce.]
225 [(8)] (7) "Designated commission member" means a member of the commission

226 designated to:
227 (a) attend and supervise a particular contest; and
228 (b) act on the behalf of the commission at a contest venue.
229 [(9)] (8) "Elimination boxing contest" means[: (a)] a contest where:
230 (a) a number of contestants participate in a tournament;
231 (b) [over a period of time not exceeding] the duration is not more than 48 hours; and
232 (c) the loser of each contest is eliminated from further competition.
233 [(10) "Executive director" means the executive director of the Department of
234 Commerce.]
235 [(11)] (9) "Exhibition" means an engagement in which the participants show or display
236 their skills without necessarily striving to win.
237 [(12)] (10) "Judge" means an individual qualified by training or experience to:
238 (a) rate the performance of contestants;
239 (b) score a contest; and
240 (c) determine with other judges whether there is a winner of the contest or whether the
241 contestants performed equally, resulting in a draw.
242 [(13)] (11) "Licensee" means an individual licensed by the commission to act as a:
243 (a) contestant;
244 (b) judge;
245 (c) manager;
246 (d) promoter;
247 (e) referee; or
248 (f) second[; or].
249 [(g) security guard.]
250 [(14)] (12) "Manager" means an individual who represents a contestant for the
251 purposes of:
252 (a) obtaining a contest for a contestant;
253 (b) negotiating terms and conditions of the contract under which the contestant will

254 engage in a contest; or
255 (c) arranging for a second for the contestant at a contest.
256 [(15)] (13) "Promoter" means a person who engages in producing or staging contests
257 and promotions.
258 [(16)] (14) "Promotion" means a single contest or a combination of contests that:
259 (a) occur during the same time and at the same location; and [that]
260 (b) is produced or staged by a promoter.
261 [(17)] (15) "Purse" means any money, prize, remuneration, or any other valuable
262 consideration a contestant receives or may receive for participation in a contest.
263 [(18)] (16) "Referee" means an individual qualified by training or experience to act as
264 the official attending a contest at the point of contact between contestants for the purpose of:
265 (a) enforcing the rules relating to the contest;
266 (b) stopping the contest in the event the health, safety, and welfare of a contestant or
267 any other person in attendance at the contest is in jeopardy; and
268 (c) to act as a judge if so designated by the commission.
269 [(19)] (17) "Round" means one of a number of individual time periods that, taken
270 together, constitute a contest during which contestants are engaged in a form of unarmed
271 combat.
272 [(20)] (18) "Second" means an individual who attends a contestant at the site of the
273 contest before, during, and after the contest in accordance with contest rules.
274 [(21)] (19) "Secretary" means the secretary of the Pete Suazo Utah Athletic
275 Commission.
276 [(22)] (20) "Serious bodily injury" is as defined in Section 76-1-601 .
277 [(23)] (21) "Total gross receipts" means the amount of the face value of all tickets sold
278 to a particular contest plus any sums received as consideration for holding the contest at a
279 particular location.
280 [(24)] (22) "Ultimate fighting" means a live contest, whether or not an admission fee is
281 charged, in which:

282 (a) contest rules permit contestants to use a combination of boxing, kicking, wrestling,
283 hitting, punching, or other combative[,] contact techniques;
284 (b) contest rules incorporate a formalized system of combative techniques against
285 which a contestant's performance is judged to determine the prevailing contestant;
286 (c) contest rules divide nonchampionship contests into three equal and specified rounds
287 of no more than five minutes per round with a rest period of one minute between each round;
288 (d) contest rules divide championship contests into five equal and specified rounds of
289 no more than five minutes per round with a rest period of one minute between each round; and
290 (e) contest rules prohibit contestants from:
291 (i) using anything that is not part of the human body, except for boxing gloves, to
292 intentionally inflict serious bodily injury upon an opponent through direct contact or the
293 expulsion of a projectile;
294 (ii) striking a person who demonstrates an inability to protect himself from the
295 advances of an opponent;
296 (iii) biting; or
297 (iv) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of
298 the neck, and temple area of the head.
299 [(25)] (23) (a) "Unarmed combat" means boxing or any other form of competition in
300 which a blow is usually struck which may reasonably be expected to inflict bodily injury.
301 (b) "Unarmed combat" does not include a competition or exhibition between
302 participants in which the participants engage in simulated combat for entertainment purposes.
303 [(26)] (24) "Unlawful conduct" means organizing, promoting, or participating in a
304 contest which involves contestants that are not licensed under this chapter.
305 [(27)] (25) "Unprofessional conduct" means:
306 (a) entering into a contract for a contest in bad faith;
307 (b) participating in any sham or fake contest;
308 (c) participating in a contest pursuant to a collusive understanding or agreement in
309 which the contestant competes in or terminates the contest in a manner that is not based upon

310 honest competition or the honest exhibition of the skill of the contestant;
311 (d) engaging in an act or conduct that is detrimental to a contest, including any foul or
312 unsportsmanlike conduct in connection with a contest;
313 (e) failing to comply with any limitation, restriction, or condition placed on a license;
314 (f) striking of a downed opponent by a contestant while the contestant remains on the
315 contestant's feet unless the commission, following a hearing conducted under Subsection
316 [ 13-33-404 ] 63C-11-316 (3) and before the contest, has exempted the contest and each
317 contestant from this Subsection [(27)] (25)(f);
318 (g) after entering the ring or contest area, penetrating an area within four feet of an
319 opponent by a contestant, manager or second before the commencement of the contest; or
320 (h) as further defined by [rule] rules made by the commission under Title 63, Chapter
321 46a, Utah Administrative Rulemaking Act.
322 (26) "White-collar contest" means a contest conducted at a training facility where no
323 alcohol is served in which:
324 (a) for boxing:
325 (i) neither contestant is or has been a licensed contestant in any state or an amateur
326 registered with USA Boxing, Inc.;
327 (ii) no cash prize, or other prize valued at greater than $35, is awarded;
328 (iii) protective clothing, including protective headgear, a mouthguard, a protective cup,
329 and for a female contestant a chestguard, is worn;
330 (iv) 16 ounce boxing gloves are worn;
331 (v) the contest is no longer than three rounds of no longer than three minutes each;
332 (vi) no winner is declared; and
333 (vii) the contestants do not compete in a cage; and
334 (b) for ultimate fighting:
335 (i) neither contestant is or has been a licensed contestant in any state or an amateur
336 registered with USA Boxing, Inc.;
337 (ii) no cash prize, or other prize valued at greater than $35, is awarded;

338 (iii) protective clothing, including a protective mouthguard and a protective cup, is
339 worn;
340 (iv) elbow strikes are not allowed;
341 (v) a contestant is not allowed to stand and strike a downed opponent;
342 (vi) a closed-hand blow to the head is not allowed while either contestant is on the
343 ground;
344 (vii) the contest is no longer than three rounds of no longer than three minutes each;
345 and
346 (viii) no winner is declared.
347 Section 7. Section 63C-11-303 , which is renumbered from Section 13-33-201 is
348 renumbered and amended to read:
349 [13-33-201]. 63C-11-303. Commission -- Creation -- Appointments --
350 Terms -- Expenses -- Quorum.
351 [(1) There is created within the Department of Commerce the Pete Suazo Utah Athletic
352 Commission consisting of five members.]
353 [(2) (a) The commission members shall be appointed by the executive director .]
354 [(b) The commission members may not be licensees under this chapter.]
355 [(c) The names of all persons appointed to the commission shall be submitted to the
356 governor for confirmation or rejection.]
357 [(3) (a) Except as required by Subsection (3)(b), as terms of current members expire,
358 the executive director shall appoint each new member or reappointed member to a four-year
359 term.]
360 [(b) Notwithstanding the requirements of Subsection (3)(a), the executive director
361 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
362 terms of members are staggered so that approximately half of the commission is appointed
363 every two years.]
364 [(c) A member may not serve more than two consecutive full terms, and a member who
365 ceases to serve on the commission may not serve again on the commission until after the

366 expiration of a two-year period beginning from that cessation of service.]
367 [(d) When a vacancy occurs in the membership for any reason, the replacement shall be
368 appointed for the unexpired term.]
369 [(e) If a commission member fails or refuses to fulfill the responsibilities and duties of
370 a commission member, including the attendance at commission meetings, the executive
371 director, with the approval of the commission, may remove the commission member and
372 replace the member in accordance with this section.]
373 (1) There is created within the authority the Pete Suazo Utah Athletic Commission
374 consisting of:
375 (a) three members until December 31, 2007; and
376 (b) five members beginning on January 1, 2008.
377 (2) (a) The governor, president of the Senate, and speaker of the House shall each
378 appoint one commission member.
379 (b) Beginning on January 1, 2008, the governor shall appoint two additional
380 commission members.
381 (c) The commission members may not be licensees under this chapter.
382 (3) (a) Except as required by Subsection (3)(b), as terms of current members expire, the
383 governor, president, or speaker, respectively, shall appoint each new member or reappointed
384 member to a four-year term.
385 (b) The governor shall, at the time of appointment or reappointment, adjust the length