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Second Substitute S.B. 162
Senator Ed Mayne proposes the following substitute bill:
1
PETE SUAZO UTAH ATHLETIC COMMISSION
2
2007 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: Ed Mayne
5
House Sponsor:
Gregory H. Hughes
6
7
LONG TITLE
8
General Description:
9
This bill moves the Pete Suazo Utah Athletic Commission to the Department of
10
Community and Culture and makes changes concerning the commission.
11
Highlighted Provisions:
12
This bill:
13
. moves the Pete Suazo Utah Athletic Commission from the Department of
14
Commerce to the Department of Community and Culture;
15
. defines terms;
16
. exempts sparring from the prohibition on club fighting;
17
. temporarily reduces the size of the commission from five to three members;
18
. addresses the manner of appointment of commission members;
19
. eliminates the required licensing of security guards;
20
. eliminates provisions relating to evaluating a licensee's good character;
21
. changes the manner of calculating a fee for holding a contest or event;
22
. eliminates a provision requiring reports relevant to the calculation of the fee for a
23
contest or event;
24
. provides for the transition of licenses issued by the Department of Commerce to the
25
Department of Community and Culture;
26
. addresses commission approval of a contest;
27
. addresses the provision of medical information concerning a contestant to the
28
commission;
29
. provides for the appointment and authority of a ringside physician;
30
. allows the commission to make rules governing the conduct of a contest;
31
. provides for the formation of an ad hoc working group to consider statutory and
32
administrative changes; and
33
. makes technical changes.
34
Monies Appropriated in this Bill:
35
None
36
Other Special Clauses:
37
This bill takes effect on July 1, 2007.
38
This bill coordinates with S.B. 167, Utah Sports Authority, by providing that this S.B.
39
162 does not take effect.
40
Utah Code Sections Affected:
41
ENACTS:
42
9-16-407, Utah Code Annotated 1953
43
9-16-505, Utah Code Annotated 1953
44
RENUMBERS AND AMENDS:
45
9-16-101, (Renumbered from 13-33-101, as last amended by Chapter 9, Laws of Utah
46
2001, Second Special Session)
47
9-16-102, (Renumbered from 13-33-102, as last amended by Chapter 72, Laws of Utah
48
2006)
49
9-16-201, (Renumbered from 13-33-201, as last amended by Chapter 72, Laws of Utah
50
2006)
51
9-16-202, (Renumbered from 13-33-202, as last amended by Chapter 72, Laws of Utah
52
2006)
53
9-16-203, (Renumbered from 13-33-203, as last amended by Chapter 72, Laws of Utah
54
2006)
55
9-16-204, (Renumbered from 13-33-204, as enacted by Chapter 91, Laws of Utah 2001)
56
9-16-205, (Renumbered from 13-33-205, as enacted by Chapter 91, Laws of Utah 2001)
57
9-16-301, (Renumbered from 13-33-301, as last amended by Chapter 72, Laws of Utah
58
2006)
59
9-16-302, (Renumbered from 13-33-302, as enacted by Chapter 91, Laws of Utah 2001)
60
9-16-303, (Renumbered from 13-33-303, as last amended by Chapter 72, Laws of Utah
61
2006)
62
9-16-304, (Renumbered from 13-33-304, as last amended by Chapter 304, Laws of
63
Utah 2002)
64
9-16-305, (Renumbered from 13-33-305, as enacted by Chapter 91, Laws of Utah 2001)
65
9-16-401, (Renumbered from 13-33-401, as last amended by Chapter 72, Laws of Utah
66
2006)
67
9-16-402, (Renumbered from 13-33-402, as last amended by Chapter 104, Laws of
68
Utah 2005)
69
9-16-403, (Renumbered from 13-33-403, as last amended by Chapter 72, Laws of Utah
70
2006)
71
9-16-404, (Renumbered from 13-33-404, as last amended by Chapter 72, Laws of Utah
72
2006)
73
9-16-405, (Renumbered from 13-33-405, as last amended by Chapter 104, Laws of
74
Utah 2005)
75
9-16-406, (Renumbered from 13-33-406, as enacted by Chapter 72, Laws of Utah 2006)
76
9-16-408, (Renumbered from 13-33-503, as enacted by Chapter 91, Laws of Utah 2001)
77
9-16-409, (Renumbered from 13-33-504, as last amended by Chapter 72, Laws of Utah
78
2006)
79
9-16-501, (Renumbered from 13-33-505, as enacted by Chapter 91, Laws of Utah 2001)
80
9-16-502, (Renumbered from 13-33-506, as last amended by Chapter 17, Laws of Utah
81
2004)
82
9-16-503, (Renumbered from 13-33-507, as enacted by Chapter 104, Laws of Utah
83
2005)
84
9-16-504, (Renumbered from 13-33-508, as last amended by Chapter 72, Laws of Utah
85
2006)
86
REPEALS:
87
13-33-502, as last amended by Chapter 9, Laws of Utah 2001, Second Special Session
88
Uncodified Material Affected:
89
ENACTS UNCODIFIED MATERIAL
90
91
Be it enacted by the Legislature of the state of Utah:
92
Section 1.
Section
9-16-101
, which is renumbered from Section 13-33-101 is
93
renumbered and amended to read:
94
CHAPTER 16. PETE SUAZO UTAH ATHLETIC COMMISSION ACT
95
Part 1. General Provisions
96
[13-33-101]. 9-16-101. Title.
97
This chapter is known as the "Pete Suazo Utah Athletic Commission Act."
98
Section 2.
Section
9-16-102
, which is renumbered from Section 13-33-102 is
99
renumbered and amended to read:
100
[13-33-102]. 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, which is covered by
104
an approved boxing glove.
105
(3) (a) "Club fighting" means any contest of unarmed combat, whether admission is
106
charged or not, where:
107
[(a)] (i) the rules of the contest are not approved by the commission;
108
[(b)] (ii) a licensed physician or osteopath is not in attendance;
109
[(c)] (iii) an HIV negative test regarding each contestant not less than 180 days before
110
the contest has not been provided to the commission;
111
[(d)] (iv) the contest is not conducted in accordance with commission rules; or
112
[(e)] (v) the contestants are not matched by the weight standards described in Section
113
[
13-33-507
]
9-16-503
.
114
(b) "Club fighting" does not include sparring if:
115
(i) it is conducted for training purposes;
116
(ii) no tickets are sold to spectators;
117
(iii) no concessions are available for spectators;
118
(iv) protective clothing, including protective headgear, a mouthguard, and a protective
119
cup, is worn; and
120
(v) for boxing, 16 ounce boxing gloves are worn.
121
(4) "Commission" means the Pete Suazo Utah Athletic Commission created in this
122
chapter.
123
(5) "Contest" means a live match, performance, or exhibition involving two or more
124
persons engaged in unarmed combat.
125
(6) "Contestant" means an individual who participates in a contest.
126
(7) "Department" means the Department of [Commerce] Community and Culture.
127
(8) "Designated commission member" means a member of the commission designated
128
to:
129
(a) attend and supervise a particular contest; and
130
(b) act on the behalf of the commission at a contest venue.
131
(9) "Elimination boxing contest" means[: (a)] a contest where:
132
(a) a number of contestants participate in a tournament;
133
(b) [over a period of time not exceeding] the duration is not more than 48 hours; and
134
(c) the loser of each contest is eliminated from further competition.
135
[(10) "Executive director" means the executive director of the Department of
136
Commerce.]
137
[(11)] (10) "Exhibition" means an engagement in which the participants show or
138
display their skills without necessarily striving to win.
139
[(12)] (11) "Judge" means an individual qualified by training or experience to:
140
(a) rate the performance of contestants;
141
(b) score a contest; and
142
(c) determine with other judges whether there is a winner of the contest or whether the
143
contestants performed equally, resulting in a draw.
144
[(13)] (12) "Licensee" means an individual licensed by the commission to act as a:
145
(a) contestant;
146
(b) judge;
147
(c) manager;
148
(d) promoter;
149
(e) referee; or
150
(f) second[; or].
151
[(g) security guard.]
152
[(14)] (13) "Manager" means an individual who represents a contestant for the
153
purposes of:
154
(a) obtaining a contest for a contestant;
155
(b) negotiating terms and conditions of the contract under which the contestant will
156
engage in a contest; or
157
(c) arranging for a second for the contestant at a contest.
158
[(15)] (14) "Promoter" means a person who engages in producing or staging contests
159
and promotions.
160
[(16)] (15) "Promotion" means a single contest or a combination of contests that:
161
(a) occur during the same time and at the same location; and [that]
162
(b) is produced or staged by a promoter.
163
[(17)] (16) "Purse" means any money, prize, remuneration, or any other valuable
164
consideration a contestant receives or may receive for participation in a contest.
165
[(18)] (17) "Referee" means an individual qualified by training or experience to act as
166
the official attending a contest at the point of contact between contestants for the purpose of:
167
(a) enforcing the rules relating to the contest;
168
(b) stopping the contest in the event the health, safety, and welfare of a contestant or
169
any other person in attendance at the contest is in jeopardy; and
170
(c) to act as a judge if so designated by the commission.
171
[(19)] (18) "Round" means one of a number of individual time periods that, taken
172
together, constitute a contest during which contestants are engaged in a form of unarmed
173
combat.
174
[(20)] (19) "Second" means an individual who attends a contestant at the site of the
175
contest before, during, and after the contest in accordance with contest rules.
176
[(21)] (20) "Secretary" means the secretary of the Pete Suazo Utah Athletic
177
Commission.
178
[(22)] (21) "Serious bodily injury" is as defined in Section
76-1-601
.
179
[(23)] (22) "Total gross receipts" means the amount of the face value of all tickets sold
180
to a particular contest plus any sums received as consideration for holding the contest at a
181
particular location.
182
[(24)] (23) "Ultimate fighting" means a live contest, whether or not an admission fee is
183
charged, in which:
184
(a) contest rules permit contestants to use a combination of boxing, kicking, wrestling,
185
hitting, punching, or other combative[,] contact techniques;
186
(b) contest rules incorporate a formalized system of combative techniques against
187
which a contestant's performance is judged to determine the prevailing contestant;
188
(c) contest rules divide nonchampionship contests into three equal and specified rounds
189
of no more than five minutes per round with a rest period of one minute between each round;
190
(d) contest rules divide championship contests into five equal and specified rounds of
191
no more than five minutes per round with a rest period of one minute between each round; and
192
(e) contest rules prohibit contestants from:
193
(i) using anything that is not part of the human body, except for boxing gloves, to
194
intentionally inflict serious bodily injury upon an opponent through direct contact or the
195
expulsion of a projectile;
196
(ii) striking a person who demonstrates an inability to protect himself from the
197
advances of an opponent;
198
(iii) biting; or
199
(iv) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of
200
the neck, and temple area of the head.
201
[(25)] (24) (a) "Unarmed combat" means boxing or any other form of competition in
202
which a blow is usually struck which may reasonably be expected to inflict bodily injury.
203
(b) "Unarmed combat" does not include a competition or exhibition between
204
participants in which the participants engage in simulated combat for entertainment purposes.
205
[(26)] (25) "Unlawful conduct" means organizing, promoting, or participating in a
206
contest which involves contestants that are not licensed under this chapter.
207
[(27)] (26) "Unprofessional conduct" means:
208
(a) entering into a contract for a contest in bad faith;
209
(b) participating in any sham or fake contest;
210
(c) participating in a contest pursuant to a collusive understanding or agreement in
211
which the contestant competes in or terminates the contest in a manner that is not based upon
212
honest competition or the honest exhibition of the skill of the contestant;
213
(d) engaging in an act or conduct that is detrimental to a contest, including any foul or
214
unsportsmanlike conduct in connection with a contest;
215
(e) failing to comply with any limitation, restriction, or condition placed on a license;
216
(f) striking of a downed opponent by a contestant while the contestant remains on the
217
contestant's feet unless the commission, following a hearing conducted under Subsection
218
[
13-33-404
]
9-16-404
(3) and before the contest, has exempted the contest and each contestant
219
from this Subsection [(27)] (26)(f);
220
(g) after entering the ring or contest area, penetrating an area within four feet of an
221
opponent by a contestant, manager or second before the commencement of the contest; or
222
(h) as further defined by [rule] rules made by the commission under Title 63, Chapter
223
46a, Utah Administrative Rulemaking Act.
224
(27) "White-collar contest" means a contest conducted at a training facility where no
225
alcohol is served in which:
226
(a) for boxing:
227
(i) neither contestant is or has been a licensed contestant in any state or an amateur
228
registered with USA Boxing, Inc.;
229
(ii) no cash prize, or other prize valued at greater than $35, is awarded;
230
(iii) protective clothing, including protective headgear, a mouthguard, a protective cup,
231
and for a female contestant a chestguard, is worn;
232
(iv) 16 ounce boxing gloves are worn;
233
(v) the contest is no longer than three rounds of no longer than three minutes each;
234
(vi) no winner is declared; and
235
(vii) the contestants do not compete in a cage; and
236
(b) for ultimate fighting:
237
(i) neither contestant is or has been a licensed contestant in any state or an amateur
238
registered with USA Boxing, Inc.;
239
(ii) no cash prize, or other prize valued at greater than $35, is awarded;
240
(iii) protective clothing, including a protective mouthguard and a protective cup, is
241
worn;
242
(iv) elbow strikes are not allowed;
243
(v) a contestant is not allowed to stand and strike a downed opponent;
244
(vi) a closed-hand blow to the head is not allowed while either contestant is on the
245
ground;
246
(vii) the contest is no longer than three rounds of no longer than three minutes each;
247
and
248
(viii) no winner is declared.
249
Section 3.
Section
9-16-201
, which is renumbered from Section 13-33-201 is
250
renumbered and amended to read:
251
Part 2. Commission
252
[13-33-201]. 9-16-201. Commission -- Creation -- Appointments -- Terms
253
-- Expenses -- Quorum.
254
[(1) There is created within the Department of Commerce the Pete Suazo Utah Athletic
255
Commission consisting of five members.]
256
[(2) (a) The commission members shall be appointed by the executive director .]
257
[(b) The commission members may not be licensees under this chapter.]
258
[(c) The names of all persons appointed to the commission shall be submitted to the
259
governor for confirmation or rejection.]
260
[(3) (a) Except as required by Subsection (3)(b), as terms of current members expire,
261
the executive director shall appoint each new member or reappointed member to a four-year
262
term.]
263
[(b) Notwithstanding the requirements of Subsection (3)(a), the executive director
264
shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
265
terms of members are staggered so that approximately half of the commission is appointed
266
every two years.]
267
[(c) A member may not serve more than two consecutive full terms, and a member who
268
ceases to serve on the commission may not serve again on the commission until after the
269
expiration of a two-year period beginning from that cessation of service.]
270
[(d) When a vacancy occurs in the membership for any reason, the replacement shall be
271
appointed for the unexpired term.]
272
[(e) If a commission member fails or refuses to fulfill the responsibilities and duties of
273
a commission member, including the attendance at commission meetings, the executive
274
director, with the approval of the commission, may remove the commission member and
275
replace the member in accordance with this section.]
276
(1) There is created within the department the Pete Suazo Utah Athletic Commission
277
consisting of:
278
(a) three members until December 31, 2007; and
279
(b) five members beginning on January 1, 2008.
280
(2) (a) The governor, president of the Senate, and speaker of the House shall each
281
appoint one commission member.
282
(b) Beginning on January 1, 2008, the governor shall appoint two additional
283
commission members.
284
(c) The commission members may not be licensees under this chapter.
285
(3) (a) Except as required by Subsection (3)(b), as terms of current members expire, the
286
governor, president, or speaker, respectively, shall appoint each new member or reappointed
287
member to a four-year term.
288
(b) The governor shall, at the time of appointment or reappointment, adjust the length
289
of the governor's appointees' terms to ensure that the terms of members are staggered so that
290
approximately half of the of the commission is appointed every two years.
291
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
292
appointed for the unexpired term.
293
(d) If a commission member fails or refuses to fulfill the responsibilities and duties of a
294
commission member, including the attendance at commission meetings, the governor,
295
president, or speaker, respectively, with the approval of the commission, may remove the
296
commission member and replace the member in accordance with this section.
297
(4) A majority of the commission members constitutes a quorum. A quorum is
298
sufficient authority for the commission to act.
299
(5) (a) (i) Members who are not government employees shall receive no compensation
300
or benefits for their services, but may receive per diem and expenses incurred in the
301
performance of the member's official duties at the rates established by the Division of Finance
302
under Sections
63A-3-106
and
63A-3-107
.
303
(ii) Members may decline to receive per diem and expenses for their service.
304
(b) (i) State government officer and employee members who do not receive salary, per
305
diem, or expenses from their agency for their service may receive per diem and expenses
306
incurred in the performance of their official duties at the rates established by the Division of
307
Finance under Sections
63A-3-106
and
63A-3-107
.
308
(ii) State government officer and employee members may decline to receive per diem
309
and expenses for their service.
310
(6) The commission shall annually designate one of its members to serve as chair for a
311
one-year period.
312
(7) A commission member may not serve more than two consecutive full terms, and a
313
member who ceases to serve on the commission may not serve again on the commission until
314
after the expiration of a two-year period beginning from that cessation of service.
315
Section 4.
Section
9-16-202
, which is renumbered from Section 13-33-202 is
316
renumbered and amended to read:
317
[13-33-202]. 9-16-202. Commission powers and duties.
318
(1) The commission shall:
319
(a) purchase and use a seal;
320
(b) adopt rules for the administration of this chapter in accordance with Title 63,
321
Chapter 46a, Utah Administrative Rulemaking Act;
322
(c) prepare all forms of contracts between sponsors, licensees, promoters, and
323
contestants; and
324
(d) hold hearings relating to matters under its jurisdiction, including violations of this
325
chapter or rules promulgated under this chapter.
326
(2) The commission may subpoena witnesses, take evidence, and require the
327
production of books, papers, documents, records, contracts, recordings, tapes, correspondence,
328
or other information relevant to an investigation if the commission or its designee considers it
329
necessary.
330
[(3) (a) The commission shall maintain a list of ringside physicians registered with the
331
commission as approved to act as a ringside physician and meeting the requirements of
332
Subsection (3)(c).]
333
[(b) The commission shall appoint a registered ringside physician to perform the duties
334
of a ringside physician at each contest held pursuant to this chapter.]
335
[(c) An applicant for registration as a ringside physician shall:]
336
[(i) submit an application for registration;]
337
[(ii) pay a fee determined by the commission under Section
63-38-3.2
;]
338
[(iii) provide the commission with evidence of the applicant's licensure to practice
339
medicine in the state; and]
340
[(iv) satisfy minimum qualifications established by the department by rule.]
341
Section 5.
Section
9-16-203
, which is renumbered from Section 13-33-203 is
342
renumbered and amended to read:
343
[13-33-203]. 9-16-203. Commission secretary.
344
(1) The commission shall employ a secretary to conduct the commission's business,
345
and who [must] may not be a member of the commission.
346
(2) The secretary serves at the pleasure of the commission.
347
Section 6.
Section
9-16-204
, which is renumbered from Section 13-33-204 is
348
renumbered and amended to read:
349
[13-33-204]. 9-16-204. Inspectors.
350
(1) The commission may appoint one or more official representatives to be designated
351
as inspectors [which], who shall serve at the pleasure of the commission.
352
(2) Each inspector must receive from the commission a card authorizing that inspector
353
to act as an inspector for the commission.
354
(3) An inspector may not promote or sponsor any contest.
355
(4) Each inspector is entitled to receive a fee approved by the commission for the
356
performance of duties under this chapter.
357
Section 7.
Section
9-16-205
, which is renumbered from Section 13-33-205 is
358
renumbered and amended to read:
359
[13-33-205]. 9-16-205. Affiliation with other commissions.
360
The commission [shall have the authority to] may affiliate with any other state or
361
national boxing commission or athletic authority.
362
Section 8.
Section
9-16-301
, which is renumbered from Section 13-33-301 is
363
renumbered and amended to read:
364
Part 3. Licensing
365
[13-33-301]. 9-16-301. Licensing.
366
(1) A license is required for a person to act as or to represent that the person is a:
367
(a) promoter;
368
(b) manager;
369
(c) contestant;
370
(d) second;
371
(e) referee; or
372
(f) judge[; or].
373
[(g) security guard.]
374
(2) The commission shall issue to a person who qualifies under this chapter a license in
375
the classifications of:
376
(a) promoter;
377
(b) manager;
378
(c) contestant;
379
(d) second;
380
(e) referee; or
381
(f) judge[; or].
382
[(g) security guard.]
383
(3) All moneys collected pursuant to this section and Sections [
13-33-304
,
13-33-403
,
384
and
13-33-504
]
9-16-305
,
9-16-403
,
9-16-406
, and
9-16-409
, shall be deposited in the
385
[Commerce Service Fund] General Fund.
386
(4) Each applicant for licensure as a promoter shall:
387
(a) submit an application in a form prescribed by the commission;
388
(b) pay the fee determined by the [department] commission under Section
63-38-3.2
;
389
(c) provide to the commission evidence of financial responsibility, which shall include
390
financial statements and other information that the commission may reasonably require to
391
determine that the applicant or licensee is able to competently perform as and meet the
392
obligations of a promoter in this state;
393
(d) produce information, documentation, and assurances as may be required to
394
establish by a preponderance of the evidence the applicant's reputation for good character,
395
honesty, integrity, and responsibility, which shall include information, documentation, and
396
assurances that the applicant:
397
[(i) has not and at the time of application is not associating or consorting with a person
398
engaging in illegal activity to the extent that the association or consorting represents a threat to
399
the conduct of contests in the public's interest within the state, or a threat to the health, safety,
400
and welfare of the applicant or a licensed contestant;]
401
[(ii)] (i) has not been convicted of a crime in any jurisdiction which the commission
402
determines by the nature of the crime and circumstances surrounding the crime should
403
disqualify the applicant from licensure in the public interest;
404
[(iii) is not associating or consorting with a person who has been convicted of a felony
405
in any jurisdiction to the extent that the association or consorting represents a threat to the
406
conduct of contests in the public's interest within the state, or a threat to the health, safety, and
407
welfare of the applicant or a licensed contestant;]
408
[(iv) is not associating or consorting with a person engaging in illegal gambling or
409
similar pursuits to the extent that the association or consorting represents a threat to the
410
conduct of contests in the public's interest within the state, or a threat to the health, safety, and
411
welfare of the applicant or a licensed contestant;]
412
[(v)] (ii) is not engaging in illegal gambling with respect to sporting events or gambling
413
with respect to the promotions the applicant is promoting;
414
[(vi)] (iii) has not been found in [an administrative,] a criminal[,] or civil proceeding to
415
have engaged in or attempted to engage in any fraud or misrepresentation in connection with a
416
contest or any other sporting event; and
417
[(vii)] (iv) has not been found in [an administrative,] a criminal[,] or civil proceeding
418
to have violated or attempted to violate any law with respect to a contest in any jurisdiction or
419
any law, rule, or order relating to the regulation of contests in this state or any other
420
jurisdiction;
421
(e) acknowledge in writing to the commission receipt, understanding, and intent to
422
comply with this chapter and the rules made under this chapter; and
423
(f) if requested by the commission or the secretary, meet with the commission or the
424
secretary to examine the applicant's qualifications for licensure.
425
(5) Each applicant for licensure as a contestant shall:
426
(a) be not less than 18 years of age at the time the application is submitted to the
427
commission;
428
(b) submit an application in a form prescribed by the commission;
429
(c) pay the fee established by the [department] commission under Section
63-38-3.2
;
430
(d) provide a certificate of physical examination, dated not more than 60 days prior to
431
the date of application for license, in a form provided by the commission, completed by a
432
licensed physician and surgeon certifying that the applicant is free from any physical or mental
433
condition that indicates the applicant should not engage in activity as a contestant;
434
(e) provide the commission with an accurate history of all matches that the applicant
435
has engaged in since becoming a contestant, including information on whether the applicant
436
won or lost each contest, and the matches in which there was a knockout or technical knockout;
437
(f) produce information, documentation, and assurances as may be required to establish
438
by a preponderance of the evidence the applicant's reputation for good character, honesty,
439
integrity, and responsibility, which shall include information, documentation, and assurances
440
that the applicant:
441
[(i) has not and at the time of application is not associating or consorting with a person
442
engaging in illegal activity to the extent that the association or consorting represents a threat to
443
the conduct of contests in the public's interest within the state, or a threat to the health, safety,
444
and welfare of the applicant or a licensed contestant;]
445
[(ii)] (i) has not been convicted of a crime in any jurisdiction which the commission
446
determines by the nature of the crime and circumstances surrounding that crime should
447
disqualify the applicant from licensure in the public interest;
448
[(iii) is not associating or consorting with any person who has been convicted of a
449
felony in any jurisdiction to the degree that the commission finds that the association or
450
consorting represents a threat to the conduct of contests in the public's interest within the state,
451
or a threat to the health, safety, and welfare of the applicant or a licensed contestant;]
452
[(iv) is not associating or consorting with a person engaging in illegal gambling or
453
similar pursuits or a person gambling with respect to the promotion for which the applicant is
454
receiving a license to the extent that the association or consorting represents a threat to the
455
conduct of contests in the public's interest within the state, or a threat to the health, safety, and
456
welfare of the applicant or a licensed contestant;]
457
[(v)] (ii) is not engaging in illegal gambling with respect to sporting events or gambling
458
with respect to a contest in which the applicant will participate;
459
[(vi)] (iii) has not been found in [an administrative,] a criminal[,] or civil proceeding to
460
have engaged in or attempted to have engaged in any fraud or misrepresentation in connection
461
with a contest or any other sporting event; and
462
[(vii)] (iv) has not been found in [an administrative,] a criminal[,] or civil proceeding
463
to have violated or attempted to violate any law with respect to contests in any jurisdiction or
464
any law, rule, or order relating to the regulation of contests in this state or any other
465
jurisdiction;
466
(g) acknowledge in writing to the commission receipt, understanding, and intent to
467
comply with this chapter and the rules made under this chapter; and
468
(h) if requested by the commission or the secretary, meet with the commission or the
469
secretary to examine the applicant's qualifications for licensure.
470
(6) Each applicant for licensure as a manager or second shall:
471
(a) submit an application in a form prescribed by the commission;
472
(b) pay a fee determined by the [department] commission under Section
63-38-3.2
;
473
(c) produce information, documentation, and assurances as may be required to
474
establish by a preponderance of the evidence the applicant's reputation for good character,
475
honesty, integrity, and responsibility, which shall include information, documentation, and
476
assurances that the applicant:
477
[(i) has not and at the time of application is not associating or consorting with a person
478
engaging in illegal activity to the extent that the association or consorting represents a threat to
479
the conduct of contests in the public's interest within the state, or a threat to the health, safety,
480
and welfare of the applicant or a licensed contestant;]
481
[(ii)] (i) has not been convicted of a crime in any jurisdiction which the commission
482
determines by the nature of the crime and circumstances surrounding that crime should
483
disqualify the applicant from licensure in the public interest;
484
[(iii) is not associating or consorting with any person who has been convicted of a
485
felony in any jurisdiction to the degree that the commission finds that the association or
486
consorting represents a threat to the conduct of contests in the public's interest within the state,
487
or a threat to the health, safety, and welfare of the applicant or a licensed contestant;]
488
[(iv) is not associating or consorting with a person engaging in illegal gambling or
489
similar pursuits or a person gambling with respect to the promotion for which the applicant is
490
receiving a license to the extent that the association or consorting represents a threat to the
491
conduct of contests in the public's interest within the state, or a threat to the health, safety, and
492
welfare of the applicant or a licensed contestant;]
493
[(v)] (ii) is not engaging in illegal gambling with respect to sporting events or gambling
494
with respect to a contest in which the applicant is participating;
495
[(vi)] (iii) has not been found in [an administrative,] a criminal[,] or civil proceeding to
496
have engaged in or attempted to have engaged in any fraud or misrepresentation in connection
497
with a contest or any other sporting event; and
498
[(vii)] (iv) has not been found in [an administrative,] a criminal[,] or civil proceeding
499
to have violated or attempted to violate any law with respect to a contest in any jurisdiction or
500
any law, rule, or order relating to the regulation of contests in this state or any other
501
jurisdiction;
502
(d) acknowledge in writing to the commission receipt, understanding, and intent to
503
comply with this chapter and the rules made under this chapter; and
504
(e) if requested by the commission or secretary, meet with the commission or the
505
secretary to examine the applicant's qualifications for licensure.
506
(7) Each applicant for licensure as a referee or judge shall:
507
(a) submit an application in a form prescribed by the commission;
508
(b) pay a fee determined by the [department] commission under Section
63-38-3.2
;
509
(c) produce information, documentation, and assurances as may be required to
510
establish by a preponderance of the evidence the applicant's reputation for good character,
511
honesty, integrity, and responsibility, which shall include information, documentation, and
512
assurances that the applicant:
513
[(i) has not and at the time of application is not associating or consorting with a person
514
engaging in illegal activity to the extent that the association or consorting represents a threat to
515
the conduct of contests in the public's interest within the state, or a threat to the health, safety,
516
and welfare of the applicant or a licensed contestant;]
517
[(ii)] (i) has not been convicted of a crime in any jurisdiction which the commission
518
determines by the nature of the crime and circumstances surrounding the crime should
519
disqualify the applicant from licensure in the public interest;
520
[(iii) is not associating or consorting with any person who has been convicted of a
521
felony in any jurisdiction to the extent that the association or consorting represents a threat to
522
the conduct of contests in the public's interest within the state, or a threat to the health, safety,
523
and welfare of the applicant or a licensed contestant;]
524
[(iv) is not associating or consorting with a person engaging in illegal gambling or
525
similar pursuits or a person gambling with respect to the promotion for which the applicant is
526
receiving a license to the extent that the association or consorting represents a threat to the
527
conduct of contests in the public's interest within the state, or a threat to the health, safety, and
528
welfare of the applicant or a licensed contestant;]
529
[(v)] (ii) is not engaging in illegal gambling with respect to sporting events or gambling
530
with respect to a contest in which the applicant is participating;
531
[(vi)] (iii) has not been found in [an administrative,] a criminal[,] or civil proceeding to
532
have engaged in or attempted to have engaged in any fraud or misrepresentation in connection
533
with a contest or any other sporting event; and
534
[(vii)] (iv) has not been found in [an administrative,] a criminal[,] or civil proceeding
535
to have violated or attempted to violate any law with respect to contests in any jurisdiction or
536
any law, rule, or order relating to the regulation of contests in this state or any other
537
jurisdiction;
538
(d) acknowledge in writing to the commission receipt, understanding, and intent to
539
comply with this chapter and the rules made under this chapter;
540
(e) provide evidence satisfactory to the commission that the applicant is qualified by
541
training and experience to competently act as a referee or judge in a contest; and
542
(f) if requested by the commission or the secretary, meet with the commission or the
543
secretary to examine the applicant's qualifications for licensure.
544
[(8) Each applicant for licensure as a security guard shall:]
545
[(a) submit an application in a form prescribed by the commission;]
546
[(b) pay the fee determined by the department under Section
63-38-3.2
; and]
547
[(c) provide the commission with evidence of the applicant's qualifications as a
548
security guard.]
549
[(9)] (8) (a) A licensee serves at the pleasure, and under the direction, of the
550
commission while participating in any way at a contest.
551
(b) A licensee's license may be suspended, or a fine imposed, if the licensee does not
552
follow the commission's direction at an event or contest.
553
Section 9.
Section
9-16-302
, which is renumbered from Section 13-33-302 is
554
renumbered and amended to read:
555
[13-33-302]. 9-16-302. Term of license -- Expiration -- Renewal.
556
(1) (a) The commission shall issue each license under this chapter in accordance with a
557
two-year renewal cycle established by rule.
558
(b) The commission may by rule extend or shorten a renewal period by as much as one
559
year to stagger the renewal cycles it administers.
560
(2) At the time of renewal, the licensee shall show satisfactory evidence of compliance
561
with renewal requirements established by rule by the commission.
562
(3) Each license automatically expires on the expiration date shown on the license
563
unless the licensee renews it in accordance with the rules established by the commission.
564
Section 10.
Section
9-16-303
, which is renumbered from Section 13-33-303 is
565
renumbered and amended to read:
566
[13-33-303]. 9-16-303. Grounds for denial of license -- Disciplinary
567
proceedings -- Reinstatement.
568
(1) The commission shall refuse to issue a license to an applicant and shall refuse to
569
renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of
570
a licensee who does not meet the qualifications for licensure under this chapter.
571
(2) The commission may refuse to issue a license to an applicant and may refuse to
572
renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand
573
to, or otherwise act upon the license of any licensee [in any of the following cases] if:
574
(a) the applicant or licensee has engaged in unlawful or unprofessional conduct, as
575
defined by statute or rule under this chapter;
576
(b) the applicant or licensee has been determined to be mentally incompetent for any
577
reason by a court of competent jurisdiction; or
578
(c) the applicant or licensee is unable to practice the occupation or profession with
579
reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
580
chemicals, or any other type of material, or as a result of any other mental or physical
581
condition, when the licensee's condition demonstrates a threat or potential threat to the public
582
health, safety, or welfare.
583
(3) Any licensee whose license under this chapter has been suspended, revoked, or
584
restricted may apply for reinstatement of the license at reasonable intervals and upon
585
compliance with any conditions imposed upon the licensee by statute, rule, or terms of the
586
license suspension, revocation, or restriction.
587
(4) The commission may issue cease and desist orders:
588
(a) to a licensee or applicant who may be disciplined under Subsection (1) or (2); and
589
(b) to any person who otherwise violates this chapter or any rules adopted under this
590
title.
591
(5) (a) The commission may impose an administrative fine for acts of unprofessional or
592
unlawful conduct under this chapter.
593
(b) An administrative fine under this Subsection (5) may not exceed $2,500 for each
594
separate act of unprofessional or unlawful conduct.
595
(c) The commission shall comply with Title 63, Chapter 46b, Administrative
596
Procedures Act, in any action to impose an administrative fine under this chapter.
597
(d) The imposition of a fine under this Subsection (5) does not affect any other action
598
the commission or department may take concerning a license issued under this chapter.
599
(6) (a) The commission may not take disciplinary action against any person for
600
unlawful or unprofessional conduct under this title, unless the commission initiates an
601
adjudicative proceeding regarding the conduct within four years after the conduct is reported to
602
the commission, except under Subsection (6)(b).
603
(b) The commission may not take disciplinary action against any person for unlawful
604
or unprofessional conduct more than ten years after the occurrence of the conduct, unless the
605
proceeding is in response to a civil or criminal judgment or settlement and the proceeding is
606
initiated within one year following the judgment or settlement.
607
(7) (a) Notwithstanding Title 63, Chapter 46b, Administrative Procedures Act, the
608
following [have the authority to] may immediately suspend the license of a licensee at such
609
time and for such period that the following believes is necessary to protect the health, safety,
610
and welfare of the licensee, another licensee, or the public:
611
(i) the commission;
612
(ii) a designated commission member; or
613
(iii) if a designated commission member is not present, the secretary.
614
(b) The commission shall establish by rule appropriate procedures to invoke the
615
suspension and to provide a suspended licensee a right to a hearing before the commission with
616
respect to the suspension within a reasonable time after the suspension.
617
Section 11.
Section
9-16-304
, which is renumbered from Section 13-33-304 is
618
renumbered and amended to read:
619
[13-33-304]. 9-16-304. Additional fees for license of promoter --
620
Dedicated credits -- Promotion of contests -- Annual exemption of showcase event.
621
(1) In addition to the payment of any other fees and money due under this chapter,
622
every promoter shall pay a license fee of:
623
[(a) 3% of the total gross receipts from admission fees to each live contest or
624
exhibition, exclusive of any other state or federal tax or tax imposed by any political
625
subdivision of this state; and]
626
(a) (i) $100 for a contest or event occurring in a venue of fewer than 200 seats;
627
(ii) $200 for a contest or event occurring in a venue of at least 200 but fewer than 500
628
seats;
629
(iii) $300 for a contest or event occurring in a venue of at least 500 seats but fewer than
630
1,000 seats;
631
(iv) $400 for a contest or event occurring in a venue of at least 1,000 seats but fewer
632
than 3,000 seats; or
633
(v) $600 for a contest or event occurring in a venue of at least 3,000 seats; and
634
(b) 3% of total gross receipts from the sale, lease, or other exploitation of broadcasting,
635
television, and motion picture rights for each contest or exhibition.
636
[(2) The license fees due under Subsection (1) shall be calculated without any
637
deductions for commissions, brokerage fees, distribution fees, advertising, contestants' purses,
638
or any other expenses or charges.]
639
[(3)] (2) (a) One-half of license fees collected under Subsection (1)(a) from
640
professional boxing contests or exhibitions shall be deposited in the General Fund.
641
(b) One-half of license fees collected under Subsection (1)(a) from professional boxing
642
contests or exhibitions shall be retained by the commission as a dedicated credit to be used by
643
the commission to award grants to organizations [which] that promote amateur boxing in the
644
state.
645
[(4)] (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
646
Act, the commission shall adopt rules:
647
[(a) requiring that the number and face value of all complimentary tickets be reported;]
648
[(b) governing the treatment of complimentary tickets for the purposes of computing
649
gross receipts from admission fees under Subsection (1);]
650
[(c)] (a) governing the manner in which applications for grants under Subsection (3)
651
may be submitted to the commission; and
652
[(d)] (b) establishing standards for awarding grants under Subsection (3) to
653
organizations which promote amateur boxing in the state.
654
[(5)] (4) (a) For the purpose of creating a greater interest in contests in the state, the
655
commission may exempt from the payment of license fees under this section one contest or
656
exhibition in each calendar year, intended as a showcase event.
657
(b) The commission shall select the contest or exhibition to be exempted based on
658
factors which include:
659
[(a)] (i) attraction of the optimum number of spectators;
660
[(b)] (ii) costs of promoting and producing the contest or exhibition;
661
[(c)] (iii) ticket pricing;
662
[(d)] (iv) committed promotions and advertising of the contest or exhibition;
663
[(e)] (v) rankings and quality of the contestants; and
664
[(f)] (vi) committed television and other media coverage of the contest or exhibition.
665
Section 12.
Section
9-16-305
, which is renumbered from Section 13-33-305 is
666
renumbered and amended to read:
667
[13-33-305]. 9-16-305. Transition of licenses.
668
(1) A license that was issued by the [Division of Occupational and Professional
669
Licensing] Department of Commerce under Title [58] 13, Chapter [66] 33, [Utah Professional
670
Boxing Regulation Act, prior to] Pete Suazo Utah Athletic Commission Act, before July 1,
671
[2001] 2007, shall:
672
(a) be considered a valid license under this chapter until the expiration date indicated
673
on the license;
674
(b) be subject to the provisions of this chapter, including provisions relating to
675
disciplinary action against the license; and
676
(c) not be renewed under Title 58, Occupations and Professions.
677
(2) Upon the expiration of a license described in Subsection (1), a person desiring to
678
continue licensure in the profession shall meet the same requirements as those required for new
679
licensure under Section [
13-33-301
]
9-16-301
.
680
Section 13.
Section
9-16-401
, which is renumbered from Section 13-33-401 is
681
renumbered and amended to read:
682
Part 4. Contests
683
[13-33-401]. 9-16-401. Jurisdiction of commission.
684
(1) (a) The commission has [and is vested with] the sole authority concerning
685
direction, management, control, and jurisdiction over all contests or exhibitions of unarmed
686
combat to be conducted, held, or given within this state.
687
(b) A contest or exhibition may not be conducted, held, or given within this state
688
except in accordance with this chapter.
689
(2) Any contest involving a form of unarmed self-defense must be conducted pursuant
690
to rules for that form which are approved by the commission before the contest is conducted,
691
held, or given.
692
(3) (a) An area not less than six feet from the perimeter of the ring shall be reserved for
693
the use of:
694
(i) the designated commission member;
695
(ii) other commission members in attendance;
696
(iii) the secretary;
697
(iv) commission employees;
698
(v) officials;
699
(vi) licensees participating or assisting in the contest; and
700
(vii) others granted credentials by the commission.
701
(b) The promoter shall provide security at the direction of the commission or
702
designated commission member to secure the area described in Subsection (3)(a).
703
(4) The area described in Subsection (3), area in the dressing rooms, and other areas
704
considered necessary by the designated commission member for the safety and welfare of a
705
licensee and the public shall be reserved for the use of:
706
(a) the designated commission member;
707
(b) other commission members in attendance;
708
(c) the secretary;
709
(d) commission employees;
710
(e) officials;
711
(f) licensees participating or assisting in the contest; and
712
(g) others granted credentials by the commission.
713
(5) The promoter shall provide security at the direction of the commission or
714
designated commission member to secure the areas described in Subsections (3) and (4).
715
(6) (a) The designated commission member may direct the removal from the contest
716
venue and premises, of any individual whose actions:
717
(i) are disruptive to the safe conduct of the contest; or
718
(ii) pose a danger to the safety and welfare of the licensees, the commission, or the
719
public.
720
(b) The promoter shall provide security at the direction of the commission or
721
designated commission member to effectuate a removal under Subsection (6)(a).
722
Section 14.
Section
9-16-402
, which is renumbered from Section 13-33-402 is
723
renumbered and amended to read:
724
[13-33-402]. 9-16-402. Club fighting prohibited.
725
(1) Club fighting is prohibited.
726
(2) Any person who publicizes, promotes, conducts, or engages in a club fighting
727
match is:
728
(a) guilty of a class A misdemeanor as provided in Section
76-9-705
; and
729
(b) subject to license revocation under this chapter.
730
Section 15.
Section
9-16-403
, which is renumbered from Section 13-33-403 is
731
renumbered and amended to read:
732
[13-33-403]. 9-16-403. Approval to hold contest or promotion -- Bond
733
required.
734
(1) An application to hold a contest or multiple contests as part of a single promotion
735
shall be made by a licensed promoter to the commission on forms provided by the commission.
736
(2) The application shall be accompanied by a contest fee determined by the
737
[department] commission under Section
63-38-3.2
.
738
(3) (a) The commission may approve or deny approval to hold a contest or promotion
739
permitted under this chapter.
740
(b) Provisional approval under Subsection (3)(a) shall be granted upon a determination
741
by the commission that:
742
(i) the promoter of the contest or promotion is properly licensed;
743
(ii) a bond meeting the requirements of Subsection [(5)] (6) has been posted by the
744
promoter of the contest or promotion; and
745
(iii) the contest or promotion will be held in accordance with this chapter and rules
746
made under this chapter.
747
(4) (a) Final approval to hold a contest or promotion may not be granted unless the
748
[promoter provides to the] commission receives not less than seven days before the day of the
749
contest with ten or more rounds:
750
[(a)] (i) proof of a negative HIV test performed not more than 180 days before the day
751
of the contest for each contestant;
752
[(b)] (ii) a copy of each contestant's federal identification card;
753
[(c)] (iii) a copy of a signed contract between each contestant and the promoter for the
754
contest;
755
[(d)] (iv) a statement specifying the maximum number of rounds of the contest;
756
[(e)] (v) a statement specifying the site, date, and time of weigh-in; and
757
[(f)] (vi) the name of the physician selected from among a list of registered and
758
commission-approved ringside physicians who shall act as ringside physician for the contest.
759
(b) Notwithstanding Subsection (4)(a), the commission may approve a contest or
760
promotion if the requirements under Subsection (4)(a) are not met because of unforseen
761
circumstances beyond the promoter's control.
762
(5) Final approval for a contest under ten rounds in duration may be granted as
763
determined by the commission after receiving the materials identified in Subsection (4) at a
764
time determined by the commission.
765
[(5)] (6) An applicant shall post a surety bond or cashier's check with the commission
766
in the greater of $10,000 or the amount of the purse, providing for forfeiture and disbursement
767
of the proceeds if the applicant fails to comply with:
768
(a) the requirements of this chapter; or
769
(b) rules made under this chapter relating to the promotion or conduct of the contest or
770
promotion.
771
Section 16.
Section
9-16-404
, which is renumbered from Section 13-33-404 is
772
renumbered and amended to read:
773
[13-33-404]. 9-16-404. Rules for the conduct of contests.
774
(1) The commission shall adopt rules in accordance with [the provisions of] Title 63,
775
Chapter 46a, Utah Administrative Rulemaking Act, for the conduct of contests in the state.
776
(2) The rules shall include:
777
(a) authority for:
778
(i) stopping contests[,]; and
779
(ii) impounding purses with respect to contests when there is a question with respect to
780
the contest, contestants, or any other licensee associated with the contest[,]; and
781
(b) reasonable and necessary provisions to ensure that all obligations of a promoter
782
with respect to any promotion or contest are paid in accordance with agreements made by the
783
promoter.
784
(3) (a) The commission may, in its discretion, exempt a contest and each contestant
785
from the definition of unprofessional conduct found in Subsection [
13-33-102
(27)(f)]
786
9-16-102
(26)(f) after:
787
(i) a promoter requests the exemption; and
788
(ii) the commission considers relevant factors, including:
789
(A) the experience of the contestants;
790
(B) the win and loss records of each contestant;
791
(C) each contestant's level of training; and
792
(D) any other evidence relevant to the contestants' professionalism and the ability to
793
safely conduct the contest.
794
(b) The commission's hearing of a request for an exemption under this Subsection (3)
795
is an informal adjudicative proceeding under Section
63-46b-4
.
796
(c) The commission's decision to grant or deny a request for an exemption under this
797
Subsection (3) is not subject to agency review under Section
63-46b-12
.
798
Section 17.
Section
9-16-405
, which is renumbered from Section 13-33-405 is
799
renumbered and amended to read:
800
[13-33-405]. 9-16-405. Medical examinations and drug tests.
801
(1) The commission shall adopt rules in accordance with Title 63, Chapter 46a, Utah
802
Administrative Rulemaking Act, for medical examinations and drug testing of contestants,
803
including provisions under which contestants shall:
804
[(1) provisions under which contestants shall]
805
(a) produce evidence based upon competent laboratory examination that they are HIV
806
negative as a condition of participating as a contestant in any contest;
807
[(2) provisions under which contestants shall]
808
(b) be subject to random drug testing before or after participation in a contest, and
809
sanctions, including barring participation in a contest or withholding a percentage of any purse,
810
that shall be placed against a contestant testing positive for alcohol or any other drug that in the
811
opinion of the commission is inconsistent with the safe and competent participation of that
812
contestant in a contest;
813
[(3) provisions under which contestants shall]
814
(c) be subject to a medical examination by the ringside physician not more than 30
815
hours before the contest to identify any physical ailment or communicable disease that, in the
816
opinion of the commission or designated commission member, are inconsistent with the safe
817
and competent participation of that contestant in the contest; and
818
[(4) provisions under which contestants shall]
819
(d) be subject to medical testing for communicable diseases as considered necessary by
820
the commission to protect the health, safety, and welfare of the licensees and the public.
821
(2) (a) Medical information concerning a contestant shall be provided by the contestant
822
or medical professional or laboratory.
823
(b) A promoter or manager may not provide to or receive from the commission medical
824
information concerning a contestant.
825
Section 18.
Section
9-16-406
, which is renumbered from Section 13-33-406 is
826
renumbered and amended to read:
827
[13-33-406]. 9-16-406. Contests.
828
(1) Except as provided in Section [
13-33-508
]
9-16-504
, a licensee may not participate
829
in:
830
(a) a boxing contest as a contestant if that person has participated in another boxing
831
contest as a contestant within 30 days before the proposed boxing contest; or
832
(b) an ultimate fighting contest as a contestant if that person has participated in another
833
ultimate fighting contest as a contestant within six days before the proposed ultimate fighting
834
contest.
835
(2) Subsection (1) applies regardless of where the previous boxing contest occurred.
836
(3) During the period of time beginning 60 minutes before the beginning of a contest,
837
the promoter shall demonstrate the promoter's compliance with the commission's security
838
requirements to all commission members present at the contest.
839
[(4) A venue at which a contest is to be held that has the capacity to host more than
840
5,000 people need not have commission licensed security guards to provide security at a
841
contest.]
842
[(5)] (4) The commission shall establish fees in accordance with Section
63-38-3.2
to
843
be paid by a promoter for the conduct of each contest or event composed of multiple contests
844
conducted under this chapter.
845
Section 19.
Section
9-16-407
is enacted to read:
846
9-16-407. Ringside physician.
847
(1) The commission shall maintain a list of ringside physicians who hold a Doctor of
848
Medicine (MD) degree and are registered with the commission as approved to act as a ringside
849
physician and meeting the requirements of Subsection (2).
850
(2) (a) The commission shall appoint a registered ringside physician to perform the
851
duties of a ringside physician at each contest held pursuant to this chapter.
852
(b) The promoter of a contest shall pay a fee determined by the commission by rule to
853
the commission for a ringside physician.
854
(3) An applicant for registration as a ringside physician shall:
855
(a) submit an application for registration;
856
(b) provide the commission with evidence of the applicant's licensure to practice
857
medicine in the state; and
858
(c) satisfy minimum qualifications established by the department by rule.
859
(4) A ringside physician at attendance at a contest may:
860
(a) stop the contest at any point if the ringside physician determines that a contestant's
861
physical condition renders the contestant unable to safely continue the contest; and
862
(b) works under the direction of the commission.
863
Section 20.
Section
9-16-408
, which is renumbered from Section 13-33-503 is
864
renumbered and amended to read:
865
[13-33-503]. 9-16-408. Contracts.
866
Before a contest is held, a copy of the signed contract or agreement between the
867
promoter of the contest and each contestant shall be filed with the commission. Approval of
868
the contract's terms and conditions shall be obtained from the commission as a condition
869
precedent to the contest.
870
Section 21.
Section
9-16-409
, which is renumbered from Section 13-33-504 is
871
renumbered and amended to read:
872
[13-33-504]. 9-16-409. Withholding of purse.
873
(1) The commission, the secretary, or any other agent authorized by the commission
874
may order a promoter to withhold any part of a purse or other money belonging or payable to
875
any contestant, manager, or second if, in the judgment of the commission, secretary, or other
876
agent:
877
(a) the contestant is not competing honestly or to the best of his skill and ability or the
878
contestant otherwise violates any rules adopted by the commission or any of the provisions of
879
this chapter; or
880
(b) the manager or second violates any rules adopted by the commission or any of the
881
provisions of this chapter.
882
(2) This section does not apply to any contestant in a wrestling exhibition who appears
883
not to be competing honestly or to the best of his skill and ability.
884
(3) Upon the withholding of any part of a purse or other money pursuant to this section,
885
the commission shall immediately schedule a hearing on the matter, provide adequate notice to
886
all interested parties, and dispose of the matter as promptly as possible.
887
(4) If it is determined that a contestant, manager, or second is not entitled to any part of
888
his share of the purse or other money, the promoter shall pay the money over to the
889
commission.
890
Section 22.
Section
9-16-501
, which is renumbered from Section 13-33-505 is
891
renumbered and amended to read:
892
Part 5. Miscellaneous Provisions
893
[13-33-505]. 9-16-501. Penalty for unlawful conduct.
894
A person who engages in any act of unlawful conduct, as defined in Section
895
[
13-33-102
]
9-16-102
, is guilty of a class A misdemeanor.
896
Section 23.
Section
9-16-502
, which is renumbered from Section 13-33-506 is
897
renumbered and amended to read:
898
[13-33-506]. 9-16-502. Exemptions.
899
[The provisions of this] This chapter [do] does not apply to:
900
(1) any amateur contests or exhibitions of unarmed combat conducted by or
901
participated in exclusively by:
902
(a) a school accredited by the Utah Board of Education;
903
(b) a college or university accredited by the United States Department of Education; or
904
(c) any association or organization of a school, college, or university described in
905
Subsections (1)(a) and (b), when each participant in the contests or exhibitions is a bona fide
906
student in the school, college, or university; [or]
907
(2) any contest or exhibition of unarmed combat conducted in accordance with the
908
standards and regulations of USA Boxing, Inc.; or
909
(3) a white-collar contest.
910
Section 24.
Section
9-16-503
, which is renumbered from Section 13-33-507 is
911
renumbered and amended to read:
912
[13-33-507]. 9-16-503. Contest weights and classes -- Matching
913
contestants.
914
(1) Boxing contest weights and classes are established as follows:
915
(a) strawweight is up to and including 105 lbs. (47.627 kgs.);
916
(b) light-flyweight is over 105 lbs. (47.627 kgs.) to 108 lbs. (48.988 kgs.);
917
(c) flyweight is over 108 lbs (48.988 kgs.) to 112 lbs. (50.802 kgs.);
918
(d) super flyweight is over 112 lbs. (50.802 kgs.) to 115 lbs. (52.163 kgs.);
919
(e) bantamweight is over 115 lbs. (52.163 kgs.) to 118 lbs. (53.524 kgs.);
920
(f) super bantamweight is over 118 lbs. (53.524 kgs.) to 122 lbs. (55.338 kgs.);
921
(g) featherweight is over 122 lbs. (55.338 kgs.) to 126 lbs. (57.153 kgs.);
922
(h) super featherweight is over 126 lbs. (57.153 kgs.) to 130 lbs. (58.967 kgs.);
923
(i) lightweight is over 130 lbs. (58.967 kgs.) to 135 lbs. (61.235 kgs.);
924
(j) super lightweight is over 135 lbs. (61.235 kgs.) to 140 lbs. (63.503 kgs.);
925
(k) welterweight is over 140 lbs. (63.503 kgs.) to 147 lbs. (66.678 kgs.);
926
(l) super welterweight is over 147 lbs. (66.678 kgs.) to 154 lbs. (69.853 kgs.);
927
(m) middleweight is over 154 lbs. (69.853 kgs.) to 160 lbs. (72.574 kgs.);
928
(n) super middleweight is over 160 lbs. (72.574 kgs.) to 168 lbs. (76.204 kgs.);
929
(o) light-heavyweight is over 168 lbs. (76.204 kgs.) to 175 lbs. (79.378 kgs.);
930
(p) cruiserweight is over 175 lbs. (79.378 kgs.) to 200 lbs. (90.720 kgs.); and
931
(q) heavyweight is over 200 lbs. (90.720 kgs.).
932
(2) Contest weights and classes for unarmed combat that is not boxing are established
933
as follows:
934
(a) flyweight is up to and including 125 lbs. (56.82 kgs.);
935
(b) bantamweight is over 125 lbs. (56.82 kgs.) to 135 lbs. (61.36 kgs.);
936
(c) featherweight is over 135 lbs (61.36 kgs.) to 145 lbs. (65.91 kgs.);
937
(d) lightweight is over 145 lbs. (65.91 kgs.) to 155 lbs. (70.45 kgs.);
938
(e) welterweight is over 155 lbs. (70.45 kgs.) to 170 lbs. (77.27 kgs.);
939
(f) middleweight is over 170 lbs. (77.27 kgs.) to 185 lbs. (84.09 kgs.);
940
(g) light-heavyweight is over 185 lbs. (84.09 kgs.) to 205 lbs. (93.18 kgs.);
941
(h) heavyweight is over 205 lbs. (93.18 kgs.) to 265 lbs. (120.45 kgs.);
942
(i) super heavyweight is over 265 lbs. (120.45 kgs.).
943
(3) As to any unarmed combat contest, a contestant may not fight another contestant
944
who is outside of the contestant's weight classification.
945
(4) As to any unarmed combat contest:
946
(a) a contestant who has contracted to participate in a given weight class may not be
947
permitted to compete if the contestant is not within that weight class at the weigh-in; and
948
(b) a contestant may have two hours to attempt to gain or lose not more than three
949
pounds in order to be reweighed.
950
(5) (a) As to any unarmed combat contest, the commission may not allow a contest in
951
which the contestants are not fairly matched.
952
(b) Factors in determining if contestants are fairly matched include:
953
(i) the win-loss record of the contestants;
954
(ii) the weight differential between the contestants;
955
(iii) the caliber of opponents for each contestant;
956
(iv) each contestant's number of fights; and
957
(v) previous suspensions or disciplinary actions of the contestants.
958
Section 25.
Section
9-16-504
, which is renumbered from Section 13-33-508 is
959
renumbered and amended to read:
960
[13-33-508]. 9-16-504. Elimination boxing contests -- Conduct of contests
961
-- Applicability of provisions -- Limitations on license -- Duration of contests --
962
Equipment -- Limitations on contests.
963
(1) An elimination boxing contest shall be conducted under the supervision and
964
authority of the commission.
965
(2) Except as otherwise provided in this section and except as otherwise provided by
966
specific statute, the provisions of this chapter pertaining to boxing apply to an elimination
967
boxing contest.
968
(3) (a) All contests in an elimination boxing contest shall be no more than three rounds
969
in duration.
970
(b) A round of unarmed combat in an elimination boxing contest shall be no more than
971
one minute in duration.
972
(c) A period of rest following a round shall be no more than one minute in duration.
973
(4) A contestant:
974
(a) shall wear gloves that weigh 16 ounces; and
975
(b) shall wear headgear approved by the commission, the designated commission
976
member, or the secretary if a designated commission member is not present.
977
(5) A contestant may participate in more than one contest, but may not box more than a
978
total of seven rounds in the entire tournament.
979
Section 26.
Section
9-16-505
is enacted to read:
980
9-16-505. Commission rulemaking.
981
The commission may make rules governing the conduct of a contest held under this
982
chapter to protect the health and safety of licensees and members of the public.
983
Section 27. Repealer.
984
This bill repeals:
985
Section 13-33-502, Reports to commission.
986
Section 28. Transition provisions.
987
(1) Beginning on July 1, 2007, the commissioners appointed to the Pete Suazo Utah
988
Athletic Commission shall:
989
(a) hire a secretary under Section
9-16-203
, and other staff that may be required,
990
consistent with budgetary constraints; and
991
(b) form an ad hoc working group of stakeholders representing various boxing
992
interests, and those with an interest in other forms of unarmed combat, to consider any
993
necessary or desirable statutory and administrative changes concerning boxing and other forms
994
of unarmed combat, including the establishment of separate regulation of boxing and other
995
forms of unarmed combat.
996
(2) The working group established under Subsection (1)(b) shall report its findings,
997
including any suggestions for legislation, to the Legislature's Business and Labor Interim
998
Committee by the committee's November 2007 meeting.
999
Section 29. Effective date.
1000
This bill takes effect on July 1, 2007.
1001
Section 30. Coordinating S.B. 162 with S.B. 167 -- Superseding amendments.
1002
If this S.B. 162 and S.B. 167, Utah Sports Authority, both pass, it is the intent of the
1003
Legislature that this S.B. 162 does not take effect.
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