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S.B. 135 Enrolled

                 

PROFESSIONAL BOXING LICENSURE AND REGULATION

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Pete Suazo

                  AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING;
                  AMENDING THE TERM OF LICENSES ISSUED UNDER THE UTAH PROFESSIONAL
                  BOXING REGULATION ACT; AMENDING CERTAIN DEFINITIONS IN THE ACT; AND
                  MAKING TECHNICAL CHANGES.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      58-66-102, as last amended by Chapter 208, Laws of Utah 1998
                      58-66-302, as enacted by Chapter 11, Laws of Utah 1995
                      58-66-604, as last amended by Chapter 83, Laws of Utah 1997
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 58-66-102 is amended to read:
                       58-66-102. Definitions.
                      In addition to the definitions in Section 58-1-102 , as used in this chapter:
                      (1) "Bodily injury" means as defined in Section 76-1-601 .
                      (2) "Commission" means the Utah Boxing Commission established under Section
                  58-66-201 .
                      (3) (a) "Contest" means:
                      (i) a live boxing contest, match, performance, sparring match, or exhibition demonstrating
                  the skill and ability of professional contestants when an admission fee is charged or that is telecast,
                  televised, or broadcast to the public in any manner, including television, radio, transmission via
                  a cable television system, microwave, closed circuit, satellite, fiber optic link, or any other method
                  of distribution; or
                      (ii) [a tough man] an elimination tournament contest as defined in Subsection [(15)] (4).
                      (b) "Contest" does not include a boxing contest, match, performance, sparring match, or
                  exhibition staged outside the state that is telecast, televised, or broadcast as a "pay-per-view


                  telecast," closed circuit or otherwise, that is not intended to be available for viewing without the
                  payment of a fee for the privilege of viewing the telecast, collected for or based upon each event
                  viewed.
                      [(15)] (4) "[Tough man] Elimination tournament contest" means a contest in which [tough
                  man] elimination tournament contestants compete.
                      [(16)] (5) "[Tough man] Elimination tournament contestant" means a person who:
                      (a) participates in a contest for a cash purse in any amount or for a noncash purse with more
                  than nominal value as defined by rule; and
                      (b) is not licensed as a professional contestant in any state.
                      [(4)] (6) "Exhibition" means an engagement in which the participants show or display their
                  skills without necessarily striving to win.
                      [(5)] (7) "Judge" means an individual qualified by training or experience to:
                      (a) rate the performance of professional contestants;
                      (b) score a contest; and
                      (c) determine with other judges whether there is a winner of the contest or whether the
                  professional contestants performed equally resulting in a draw.
                      [(6)] (8) "Manager" means an individual who represents a professional contestant for the
                  purposes of obtaining matches, negotiating terms and conditions of the contract under which the
                  professional contestant will engage in a contest, or arranging for a second for the professional
                  contestant at a contest.
                      [(7)] (9) "Professional contestant" means an individual who participates in a contest for a
                  cash purse in any amount or for a noncash purse with more than nominal value as defined by rule.
                      [(8)] (10) "Promoter" means a person who engages in producing or staging professional
                  contests and promotions.
                      [(9)] (11) "Promotion" means a single contest or a combination of contests that occur during
                  the same time at the same location and that is produced or staged by a promoter.
                      [(10)] (12) (a) "Purse" means any money, prize, remuneration, or any other valuable
                  consideration a professional contestant receives or may receive for participation in a contest.

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                      (b) "Purse" does not mean a trophy, medal, or similar object of nominal value as defined by
                  rule that is received for participation in a contest.
                      [(11)] (13) "Referee" means an individual qualified by training or experience to act as the
                  official attending a professional contest at the point of contact between professional contestants for
                  the purpose of:
                      (a) enforcing the rules relating to the professional contest;
                      (b) stopping the contest in the event the health, safety, and welfare of a professional
                  contestant or any other person in attendance at the contest is in jeopardy; and
                      (c) to act as a judge if so designated by the commission.
                      [(12)] (14) "Second" means an individual who attends a professional contestant at the site
                  of the contest before, during, and after the contest in accordance with contest rules.
                      [(13)] (15) "Serious bodily injury" means as defined in Section 76-1-601 .
                      [(14)] (16) "Total gross receipts" means the amount of the face value of all tickets sold to
                  a particular contest plus any sums received as consideration for holding the contest at a particular
                  location.
                      (17) "Ultimate fighting match" means a live match in which:
                      (a) an admission fee is charged;
                      (b) match rules permit professional contestants to use a combination of boxing, kicking,
                  wrestling, hitting, punching, or other combative, contact techniques; and
                      (c) match rules do not:
                      (i) incorporate a formalized system of combative techniques against which a contestant's
                  performance is judged to determine the prevailing contestant;
                      (ii) divide a match into two or more equal and specified time periods for a match total of no
                  more than 50 minutes; or
                      (iii) prohibit contestants from:
                      (A) using anything that is not part of the human body, except for boxing gloves, to
                  intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion
                  of a projectile;

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                      (B) striking a person who demonstrates an inability to protect himself from the advances of
                  an opponent;
                      (C) biting; or
                      (D) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of the
                  neck, and temple area of the head.
                      Section 2. Section 58-66-302 is amended to read:
                       58-66-302. Term of license -- Expiration -- Renewal.
                      (1) (a) Except as provided in Subsection (1)(b), the division shall issue each license under
                  this chapter in accordance with a [one-year] two-year renewal cycle established by rule. The division
                  may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles
                  it administers.
                      (b) A contest promoter license shall be for a single promotion and shall expire upon
                  termination of the promotion.
                      (2) At the time of renewal, the licensee shall show satisfactory evidence of compliance with
                  renewal requirements to be established by rule by the division in collaboration with the commission.
                      (3) Each license automatically expires on the expiration date shown on the license unless
                  the licensee renews it in accordance with Section 58-1-308 .
                      Section 3. Section 58-66-604 is amended to read:
                       58-66-604. Rules.
                      (1) The division in collaboration with the commission shall adopt rules in accordance with
                  the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the conduct of
                  contests and [tough man] elimination tournament contests in the state.
                      (2) The rules shall include authority for stopping contests, impounding purses with respect
                  to contests when there is a question with respect to the contest, professional contestants, or any other
                  licensee associated with the contest, and reasonable and necessary provisions to ensure that all
                  obligations of a promoter with respect to any promotion or contest are paid in accordance with
                  agreements made by the promoter.
                      (3) The rules shall:

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                      (a) prohibit ultimate fighting matches; and
                      (b) require the revocation of the license of any licensee who publicizes, promotes, conducts,
                  or engages in an ultimate fighting match.

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