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S.B. 43

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PROHIBITION OF ULTIMATE FIGHTING

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: L. Steven Poulton

5    Pete Suazo




6    AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING;
7    PROHIBITING ULTIMATE FIGHTING CONTESTS; AND MAKING PARTICIPATION IN
8    AN ULTIMATE FIGHTING MATCH GROUNDS FOR LICENSE REVOCATION AND A
9    CLASS A MISDEMEANOR.
10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
12         58-66-102, as enacted by Chapter 11, Laws of Utah 1995
13         58-66-604, as enacted by Chapter 11, Laws of Utah 1995
14    ENACTS:
15         58-66-503, Utah Code Annotated 1953
16         76-9-705, Utah Code Annotated 1953
17    Be it enacted by the Legislature of the state of Utah:
18        Section 1. Section 58-66-102 is amended to read:
19         58-66-102. Definitions.
20        In addition to the definitions in Section 58-1-102, as used in this chapter:
21        (1) "Bodily injury" is defined in Section 76-1-601.
22        [(1)] (2) "Commission" means the Utah Boxing Commission established under Section
23    58-66-201.
24        [(2)] (3) (a) "Contest" means a live boxing contest, match, performance, sparring match,
25    or exhibition demonstrating the skill and ability of professional contestants when an admission fee
26    is charged or that is telecast, televised, or broadcast to the public in any manner, including
27    television, radio, transmission via a cable television system, microwave, closed circuit, satellite,


1    fiber optic link, or any other method of distribution.
2        (b) "Contest" does not include a boxing contest, match, performance, sparring match, or
3    exhibition staged outside the state that is telecast, televised, or broadcast as a "pay-per-view
4    telecast," closed circuit or otherwise, that is not intended to be available for viewing without the
5    payment of a fee for the privilege of viewing the telecast, collected for or based upon each event
6    viewed.
7        [(3)] (4) "Exhibition" means an engagement in which the participants show or display their
8    skills without necessarily striving to win.
9        [(4)] (5) "Judge" means an individual qualified by training or experience to:
10        (a) rate the performance of professional contestants;
11        (b) score a contest; and
12        (c) determine with other judges whether there is a winner of the contest or whether the
13    professional contestants performed equally resulting in a draw.
14        [(5)] (6) "Manager" means an individual who represents a professional contestant for the
15    purposes of obtaining matches, negotiating terms and conditions of the contract under which the
16    professional contestant will engage in a contest, or arranging for a second for the professional
17    contestant at a contest.
18        [(6)] (7) "Professional contestant" means an individual who participates in a contest for
19    a cash purse in any amount or for a noncash purse with more than nominal value as defined by
20    rule.
21        [(7)] (8) "Promoter" means a person who engages in producing or staging professional
22    contests and promotions.
23        [(8)] (9) "Promotion" means a single contest or a combination of contests that occur during
24    the same time at the same location and that is produced or staged by a promoter.
25        [(9)] (10) (a) "Purse" means any money, prize, remuneration, or any other valuable
26    consideration a professional contestant receives or may receive for participation in a contest.
27        (b) "Purse" does not mean a trophy, medal, or similar object of nominal value as defined
28    by rule that is received for participation in a contest.
29        [(10)] (11) "Referee" means an individual qualified by training or experience to act as the
30    official attending a professional contest at the point of contact between professional contestants
31    for the purpose of:

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1        (a) enforcing the rules relating to the professional contest;
2        (b) stopping the contest in the event the health, safety, and welfare of a professional
3    contestant or any other person in attendance at the contest is in jeopardy; and
4        (c) to act as a judge if so designated by the commission.
5        [(11)] (12) "Second" means an individual who attends a professional contestant at the site
6    of the contest before, during, and after the contest in accordance with contest rules.
7        (13) "Serious bodily injury" is defined in Section 76-1-601.
8        [(12)] (14) "Total gross receipts" means the amount of the face value of all tickets sold to
9    a particular contest plus any sums received as consideration for holding the contest at a particular
10    location.
11        (15) "Ultimate fighting match" means a live match in which:
12        (a) an admission fee is charged;
13        (b) professional contestants strive to win or inflict bodily injury upon an opponent through
14    a combination of boxing, kicking, wrestling, hitting, punching, or other combative, contact
15    techniques; and
16        (c) match rules do not:
17        (i) incorporate a formalized system of combative techniques against which a contestant's
18    performance is judged to determine the prevailing contestant;
19        (ii) divide a match into two or more equal and specified time periods for a match total of
20    no more than 50 minutes; or
21        (iii) prohibit contestants from:
22        (A) using anything that is not part of the human body, except for boxing gloves, to
23    intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion
24    of a projectile;
25        (B) striking a person who demonstrates an inability to protect himself from the advances
26    of an opponent;
27        (C) biting; or
28        (D) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of the
29    neck, and temple area of the head.
30        Section 2. Section 58-66-503 is enacted to read:
31         58-66-503. Ultimate fighting prohibited.

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1        (1) Ultimate fighting matches are prohibited.
2        (2) Any person who publicizes, promotes, conducts, or engages in an ultimate fighting
3    match is:
4        (a) guilty of a class A misdemeanor as provided in Section 76-9-705; and
5        (b) subject to license revocation under this chapter.
6        Section 3. Section 58-66-604 is amended to read:
7         58-66-604. Rules.
8        (1) The division in collaboration with the commission shall adopt rules in accordance with
9    the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the conduct of
10    contests in the state.
11        (2) The rules shall include authority for stopping contests, impounding purses with respect
12    to contests when there is a question with respect to the contest, professional contestants, or any
13    other licensee associated with the contest, and reasonable and necessary provisions to ensure that
14    all obligations of a promoter with respect to any promotion or contest are paid in accordance with
15    agreements made by the promoter.
16        (3) The rules shall:
17        (a) prohibit ultimate fighting matches; and
18        (b) require the revocation of the license of any licensee who publicizes, promotes,
19    conducts, or engages in an ultimate fighting match.
20        Section 4. Section 76-9-705 is enacted to read:
21         76-9-705. Participation in an ultimate fighting match.
22        (1) For purposes of this section, "ultimate fighting match" means a live match in which:
23        (a) an admission fee is charged;
24        (b) professional contestants strive to win or inflict bodily injury upon an opponent through
25    a combination of boxing, kicking, wrestling, hitting, punching, or other combative, contact
26    techniques; and
27        (c) match rules do not:
28        (i) incorporate a formalized system of combative techniques against which a contestant's
29    performance is judged to determine the prevailing contestant;
30        (ii) divide a match into two or more equal and specified time periods for a match total of
31    no more than 50 minutes; or

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1        (iii) prohibit contestants from:
2        (A) using anything that is not part of the human body, except for boxing gloves, to
3    intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion
4    of a projectile;
5        (B) striking a person who demonstrates an inability to protect himself from the advances
6    of an opponent;
7        (C) biting; or
8        (D) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of the
9    neck, and temple area of the head.
10        (2) Any person who publicizes, promotes, conducts, or engages in an ultimate fighting
11    match is guilty of a class A misdemeanor.




Legislative Review Note
    as of 12-31-96 12:03 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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