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S.B. 253

             1     

UTAH BOXING COMMISSION AMENDMENTS

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Pete Suazo

             5      AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING AND
             6      COMMUNITY AND ECONOMIC DEVELOPMENT; TRANSFERRING JURISDICTION
             7      OVER PROFESSIONAL BOXING TO THE DEPARTMENT OF COMMUNITY AND
             8      ECONOMIC DEVELOPMENT; APPROPRIATING $40,000 FROM THE GENERAL FUND
             9      FOR FISCAL YEAR 2000-01 FOR BOXING PROMOTION AND REGULATION; MAKING
             10      TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      RENUMBERS AND AMENDS:
             13          9-2-1801, (Renumbered from 58-66-101, as enacted by Chapter 11, Laws of Utah 1995)
             14          9-2-1802, (Renumbered from 58-66-102, as last amended by Chapter 208, Laws of Utah
             15      1998)
             16          9-2-1803, (Renumbered from 58-66-201, as enacted by Chapter 11, Laws of Utah 1995)
             17          9-2-1804, (Renumbered from 58-66-301, as enacted by Chapter 11, Laws of Utah 1995)
             18          9-2-1805, (Renumbered from 58-66-302, as enacted by Chapter 11, Laws of Utah 1995)
             19          9-2-1806, (Renumbered from 58-66-401, as enacted by Chapter 11, Laws of Utah 1995)
             20          9-2-1807, (Renumbered from 58-66-501, as enacted by Chapter 11, Laws of Utah 1995)
             21          9-2-1808, (Renumbered from 58-66-502, as enacted by Chapter 11, Laws of Utah 1995)
             22          9-2-1809, (Renumbered from 58-66-503, as enacted by Chapter 83, Laws of Utah 1997)
             23          9-2-1810, (Renumbered from 58-66-601, as enacted by Chapter 11, Laws of Utah 1995)
             24          9-2-1811, (Renumbered from 58-66-602, as enacted by Chapter 11, Laws of Utah 1995)
             25          9-2-1812, (Renumbered from 58-66-603, as enacted by Chapter 11, Laws of Utah 1995)
             26          9-2-1813, (Renumbered from 58-66-604, as last amended by Chapter 83, Laws of Utah
             27      1997)


             28          9-2-1814, (Renumbered from 58-66-605, as enacted by Chapter 11, Laws of Utah 1995)
             29          9-2-1815, (Renumbered from 58-66-606, as enacted by Chapter 11, Laws of Utah 1995)
             30          9-2-1816, (Renumbered from 58-66-607, as enacted by Chapter 11, Laws of Utah 1995)
             31          9-2-1817, (Renumbered from 58-66-608, as enacted by Chapter 11, Laws of Utah 1995)
             32      REPEALS:
             33          58-66-303, as enacted by Chapter 11, Laws of Utah 1995
             34      Be it enacted by the Legislature of the state of Utah:
             35          Section 1. Section 9-2-1801 , which is renumbered from Section 58-66-101 is renumbered
             36      and amended to read:
             37           [58-66-101].     9-2-1801. Title.
             38          This [chapter] part is known as the "Utah Professional Boxing Regulation Act."
             39          Section 2. Section 9-2-1802 , which is renumbered from Section 58-66-102 is renumbered
             40      and amended to read:
             41           [58-66-102].     9-2-1802. Definitions.
             42          [In addition to the definitions in Section 58-1-102 , as] As used in this chapter:
             43          (1) "Bodily injury" means as defined in Section 76-1-601 .
             44          (2) "Commission" means the Utah Boxing Commission established under Section
             45      [ 58-66-201 ] 9-2-1803 .
             46          (3) (a) "Contest" means:
             47          (i) a live boxing contest, match, performance, sparring match, or exhibition demonstrating
             48      the skill and ability of professional contestants when an admission fee is charged or that is telecast,
             49      televised, or broadcast to the public in any manner, including television, radio, transmission via
             50      a cable television system, microwave, closed circuit, satellite, fiber optic link, or any other method
             51      of distribution; or
             52          (ii) a tough man contest as defined in Subsection (15).
             53          (b) "Contest" does not include a boxing contest, match, performance, sparring match, or
             54      exhibition staged outside the state that is telecast, televised, or broadcast as a "pay-per-view
             55      telecast," closed circuit or otherwise, that is not intended to be available for viewing without the
             56      payment of a fee for the privilege of viewing the telecast, collected for or based upon each event
             57      viewed.
             58          (4) "Exhibition" means an engagement in which the participants show or display their


             59      skills without necessarily striving to win.
             60          (5) "Judge" means an individual qualified by training or experience to:
             61          (a) rate the performance of professional contestants;
             62          (b) score a contest; and
             63          (c) determine with other judges whether there is a winner of the contest or whether the
             64      professional contestants performed equally resulting in a draw.
             65          (6) "Manager" means an individual who represents a professional contestant for the
             66      purposes of obtaining matches, negotiating terms and conditions of the contract under which the
             67      professional contestant will engage in a contest, or arranging for a second for the professional
             68      contestant at a contest.
             69          (7) "Professional contestant" means an individual who participates in a contest for a cash
             70      purse in any amount or for a noncash purse with more than nominal value as defined by rule.
             71          (8) "Promoter" means a person who engages in producing or staging professional contests
             72      and promotions.
             73          (9) "Promotion" means a single contest or a combination of contests that occur during the
             74      same time at the same location and that is produced or staged by a promoter.
             75          (10) (a) "Purse" means any money, prize, remuneration, or any other valuable
             76      consideration a professional contestant receives or may receive for participation in a contest.
             77          (b) "Purse" does not mean a trophy, medal, or similar object of nominal value as defined
             78      by rule that is received for participation in a contest.
             79          (11) "Referee" means an individual qualified by training or experience to act as the official
             80      attending a professional contest at the point of contact between professional contestants for the
             81      purpose of:
             82          (a) enforcing the rules relating to the professional contest;
             83          (b) stopping the contest in the event the health, safety, and welfare of a professional
             84      contestant or any other person in attendance at the contest is in jeopardy; and
             85          (c) to act as a judge if so designated by the commission.
             86          (12) "Second" means an individual who attends a professional contestant at the site of the
             87      contest before, during, and after the contest in accordance with contest rules.
             88          (13) "Serious bodily injury" means as defined in Section 76-1-601 .
             89          (14) "Total gross receipts" means the amount of the face value of all tickets sold to a


             90      particular contest plus any sums received as consideration for holding the contest at a particular
             91      location.
             92          (15) "Tough man contest" means a contest in which tough man contestants compete.
             93          (16) "Tough man contestant" means a person who:
             94          (a) participates in a contest for a cash purse in any amount or for a noncash purse with
             95      more than nominal value as defined by rule; and
             96          (b) is not licensed as a professional contestant in any state.
             97          (17) "Ultimate fighting match" means a live match in which:
             98          (a) an admission fee is charged;
             99          (b) match rules permit professional contestants to use a combination of boxing, kicking,
             100      wrestling, hitting, punching, or other combative, contact techniques; and
             101          (c) match rules do not:
             102          (i) incorporate a formalized system of combative techniques against which a contestant's
             103      performance is judged to determine the prevailing contestant;
             104          (ii) divide a match into two or more equal and specified time periods for a match total of
             105      no more than 50 minutes; or
             106          (iii) prohibit contestants from:
             107          (A) using anything that is not part of the human body, except for boxing gloves, to
             108      intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion
             109      of a projectile;
             110          (B) striking a person who demonstrates an inability to protect himself from the advances
             111      of an opponent;
             112          (C) biting; or
             113          (D) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of the
             114      neck, and temple area of the head.
             115          Section 3. Section 9-2-1803 , which is renumbered from Section 58-66-201 is renumbered
             116      and amended to read:
             117           [58-66-201].     9-2-1803. Commission.
             118          (1) There is created the Utah Boxing Commission consisting of five members appointed
             119      by the director.
             120          [(2) The commission shall be appointed and serve in accordance with Section 58-1-201


             121      except a member of the commission may not be licensed under this chapter.]
             122          (2) (a) Except as required by Subsection (2)(b), as terms of current commission members
             123      expire, the director shall appoint each new member or reappointed member to a four-year term.
             124          (b) Notwithstanding the requirements of Subsection (2)(a), the director shall, at the time
             125      of appointment or reappointment, adjust the length of terms to ensure that the terms of commission
             126      members are staggered so that approximately half of the commission is appointed every two years.
             127          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             128      appointed for the unexpired term.
             129          (d) If a commission member fails or refuses to fulfill the responsibilities and duties of a
             130      commission member, including the attendance at commission meetings, the director with the
             131      approval of the commission may remove the commission member and replace the member in
             132      accordance with this section.
             133          (3) A majority of the commission members constitutes a quorum. A quorum is sufficient
             134      authority for the commission to act.
             135          (4) (a) (i) Members who are not government employees shall receive no compensation or
             136      benefits for their services, but may receive per diem and expenses incurred in the performance of
             137      the member's official duties at the rates established by the Division of Finance under Sections
             138      63A-3-106 and 63A-3-107 .
             139          (ii) Members may decline to receive per diem and expenses for their service.
             140          (b) (i) State government officer and employee members who do not receive salary, per
             141      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             142      in the performance of their official duties at the rates established by the Division of Finance under
             143      Sections 63A-3-106 and 63A-3-107 .
             144          (ii) State government officer and employee members may decline to receive per diem and
             145      expenses for their service.
             146          (5) The commission shall annually designate one of its members to serve as chair for a
             147      one-year period.
             148          [(3)] (6) The duties and responsibilities of the commission [shall be in accordance with
             149      Sections 58-1-202 and 58-1-203 and shall] include the following:
             150          (a) recommending to the director appropriate rules;
             151          (b) recommending to the director policy and budgetary matters;


             152          (c) screening applicants and recommending licensing, renewal, reinstatement, and
             153      relicensure actions to the director in writing;
             154          (d) acting as presiding officer in conducting hearings associated with adjudicative
             155      proceedings and in issuing recommended orders when so designated by the director; and
             156          (e) advising and assisting the division in the division's exercise of jurisdiction over
             157      contests under this chapter. [In addition, the]
             158          (7) The commission shall designate one of its members on a permanent or rotating basis
             159      to:
             160          (a) assist the division in reviewing complaints concerning the unlawful or unprofessional
             161      conduct of a licensee; and
             162          (b) advise the division in its investigation of these complaints.
             163          [(4)] (8) A commission member who has, under Subsection [(3)] (7), reviewed a complaint
             164      or advised in its investigation is disqualified from participating with the commission when the
             165      commission serves as a presiding officer in an adjudicative proceeding concerning the complaint.
             166          Section 4. Section 9-2-1804 , which is renumbered from Section 58-66-301 is renumbered
             167      and amended to read:
             168           [58-66-301].     9-2-1804. Licensing.
             169          (1) A license is required for a person to represent himself as, or to act as a:
             170          (a) promoter of a contest;
             171          (b) manager of a professional contestant;
             172          (c) professional contestant;
             173          (d) second to a professional contestant;
             174          (e) referee of a contest; or
             175          (f) judge of a contest.
             176          (2) The division shall issue to a person who qualified under this chapter a license in the
             177      classifications of:
             178          (a) contest promoter;
             179          (b) contestant manager;
             180          (c) professional contestant;
             181          (d) second;
             182          (e) referee; or


             183          (f) judge.
             184          (3) Each applicant for licensure as a contest promoter shall:
             185          (a) submit an application in a form prescribed by the division;
             186          (b) pay the fee determined by the department under Section 63-38-3.2 ;
             187          (c) post a bond, letter of credit, certificate of deposit, or cash deposit with the division in
             188      an amount equal to the total purses of all contests promoted by the promoter in a single promotion,
             189      but not less than $10,000, in a bond form acceptable to the division, and under a written agreement
             190      with the division, providing for forfeiture and subsequent disbursement of the proceeds from the
             191      bond, letter of credit, certificate of deposit, or the cash deposit to the division, in accordance with
             192      rule, if the applicant or licensee fails to comply with the provisions of Utah law or rules regulating
             193      the promotion or conduct of a professional boxing contest or promotion;
             194          (d) provide to the division evidence of financial responsibility which shall include
             195      financial statements and other information that the division may reasonably require to determine
             196      that the applicant or licensee is able to competently perform as and meet the obligations of a
             197      promoter in the state;
             198          (e) produce information, documentation, and assurances as may be required to establish
             199      by a preponderance of the evidence the applicant's reputation for good character, honesty, integrity,
             200      and responsibility, which shall include information, documentation, and assurances that the
             201      applicant:
             202          (i) has not and at the time of application is not associating or consorting with a person
             203      engaging in illegal activity to the extent that the association or consorting represents a threat to the
             204      conduct of professional boxing contests in the public's interest within the state, or a threat to the
             205      health, safety, and welfare of the applicant or a licensed professional contestant;
             206          (ii) has not been convicted of a felony in any jurisdiction;
             207          (iii) is not associating or consorting with a person who has been convicted of a felony in
             208      any jurisdiction to the extent that the association or consorting represents a threat to the conduct
             209      of professional boxing contests in the public's interest within the state, or a threat to the health,
             210      safety, and welfare of the applicant or a licensed professional contestant;
             211          (iv) is not associating or consorting with a person engaging in illegal gambling or similar
             212      pursuits or a person gambling with respect to the promotion for which the applicant is receiving
             213      a license to the extent that the association or consorting represents a threat to the conduct of


             214      professional boxing contests in the public's interest within the state, or a threat to the health, safety,
             215      and welfare of the applicant or a licensed professional contestant;
             216          (v) is not engaging in illegal gambling with respect to sporting events or gambling with
             217      respect to the promotion the applicant is promoting;
             218          (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged
             219      in or attempted to engage in any fraud or misrepresentation in connection with boxing or any other
             220      sporting event; and
             221          (vii) has not been found in an administrative, criminal, or civil proceeding to have violated
             222      or attempted to violate any law with respect to boxing in any jurisdiction or any law, rule, or order
             223      relating to the regulation of boxing in Utah or any other jurisdiction;
             224          (f) acknowledge in writing to the division receipt, understanding, and intent to comply
             225      with this [chapter] part and the rules made under this [chapter] part; and
             226          (g) if requested by the commission or the director, meet with the commission or the
             227      director to examine the applicant's qualifications for licensure.
             228          (4) Each applicant for licensure as a professional contestant shall:
             229          (a) be not less than 18 years of age at the time the application is submitted to the division;
             230          (b) submit an application in a form prescribed by the division not less than 30 days prior
             231      to the date of any contest in which the applicant is to participate, unless submission at a time less
             232      than 30 days is authorized in writing by the commission;
             233          (c) pay the fee established by the department under Section 63-38-3.2 ;
             234          (d) provide a certificate of physical examination, dated not more than 60 days prior to the
             235      date of application for license, in a form provided by the division, completed by a licensed
             236      physician and surgeon certifying that the applicant is free from any physical or mental condition
             237      that indicates the applicant should not engage in activity as a professional contestant;
             238          (e) provide the division with an accurate history of all matches that the applicant has
             239      engaged in since becoming a professional contestant, including information on whether the
             240      applicant won or lost each contest, and the matches in which there was a technical knockout or
             241      knockout;
             242          (f) produce information, documentation, and assurances as may be required to establish
             243      by a preponderance of the evidence the applicant's reputation for good character, honesty, integrity,
             244      and responsibility, which shall include information, documentation, and assurances that the


             245      applicant:
             246          (i) has not and at the time of application is not associating or consorting with a person
             247      engaging in illegal activity to the extent that the association or consorting represents a threat to the
             248      conduct of professional boxing contests in the public's interest within the state, or a threat to the
             249      health, safety, and welfare of the applicant or a licensed professional contestant;
             250          (ii) has not been convicted of a crime in any jurisdiction which the division and
             251      commission determine by the nature of the crime and circumstances surrounding that crime should
             252      disqualify the applicant from licensure in the public interest;
             253          (iii) is not associating or consorting with any person who has been convicted of a felony
             254      in any jurisdiction to the degree that the division and commission find that the association or
             255      consorting represents a threat to the conduct of professional boxing contests in the public's interest
             256      within the state, or a threat to the health, safety, and welfare of the applicant or a licensed
             257      professional contestant;
             258          (iv) is not associating or consorting with a person engaging in illegal gambling or similar
             259      pursuits or a person gambling with respect to the promotion for which the applicant is receiving
             260      a license to the extent that the association or consorting represents a threat to the conduct of
             261      professional boxing contests in the public's interest within the state, or a threat to the health, safety,
             262      and welfare of the applicant or a licensed professional contestant;
             263          (v) is not engaging in illegal gambling with respect to sporting events or gambling with
             264      respect to a contest in which the applicant will participate;
             265          (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged
             266      in or attempted to have engaged in any fraud or misrepresentation in connection with boxing or
             267      any other sporting event; and
             268          (vii) has not been found in an administrative, criminal, or civil proceeding to have violated
             269      or attempted to violate any law with respect to boxing in any jurisdiction or any law, rule, or order
             270      relating to the regulation of boxing in Utah or any other jurisdiction;
             271          (g) acknowledge in writing to the division receipt, understanding, and intent to comply
             272      with this [chapter] part and the rules made under this [chapter] part; and
             273          (h) if requested by the commission or the director, meet with the commission or the
             274      director to examine the applicant's qualifications for licensure.
             275          (5) Each applicant for licensure as a contestant manager or second shall:


             276          (a) submit an application in a form prescribed by the division;
             277          (b) pay a fee determined by the department under Section 63-38-3.2 ;
             278          (c) produce information, documentation, and assurances as may be required to establish
             279      by a preponderance of the evidence the applicant's reputation for good character, honesty, integrity,
             280      and responsibility, which shall include information, documentation, and assurances that the
             281      applicant:
             282          (i) has not and at the time of application is not associating or consorting with a person
             283      engaging in illegal activity to the extent that the association or consorting represents a threat to the
             284      conduct of professional boxing contests in the public's interest within the state, or a threat to the
             285      health, safety, and welfare of the applicant or a licensed professional contestant;
             286          (ii) has not been convicted of a crime in any jurisdiction which the division and
             287      commission determine by the nature of the crime and circumstances surrounding that crime should
             288      disqualify the applicant from licensure in the public interest;
             289          (iii) is not associating or consorting with any person who has been convicted of a felony
             290      in any jurisdiction to the degree that the division and commission find that the association or
             291      consorting represents a threat to the conduct of professional boxing contests in the public's interest
             292      within the state, or a threat to the health, safety, and welfare of the applicant or a licensed
             293      professional contestant;
             294          (iv) is not associating or consorting with a person engaging in illegal gambling or similar
             295      pursuits or a person gambling with respect to the promotion for which the applicant is receiving
             296      a license to the extent that the association or consorting represents a threat to the conduct of
             297      professional boxing contests in the public's interest within the state, or a threat to the health, safety,
             298      and welfare of the applicant or a licensed professional contestant;
             299          (v) is not engaging in illegal gambling with respect to sporting events or gambling with
             300      respect to a contest in which the applicant is participating;
             301          (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged
             302      in or attempted to have engaged in any fraud or misrepresentation in connection with boxing or
             303      any other sporting event; and
             304          (vii) has not been found in an administrative, criminal, or civil proceeding to have violated
             305      or attempted to violate any law with respect to boxing in any jurisdiction or any law, rule, or order
             306      relating to the regulation of boxing in Utah or any other jurisdiction;


             307          (d) acknowledge in writing to the division receipt, understanding, and intent to comply
             308      with this [chapter] part and the rules made under this [chapter] part; and
             309          (e) if requested by the commission or director, meet with the commission or the director
             310      to examine the applicant's qualifications for licensure.
             311          (6) Each applicant for licensure as a referee or judge shall:
             312          (a) submit an application in a form prescribed by the division;
             313          (b) pay a fee determined by the department under Section 63-38-3.2 ;
             314          (c) produce information, documentation, and assurances as may be required to establish
             315      by a preponderance of the evidence the applicant's reputation for good character, honesty, integrity,
             316      and responsibility, which shall include information, documentation, and assurances that the
             317      applicant:
             318          (i) has not and at the time of application is not associating or consorting with a person
             319      engaging in illegal activity to the extent that the association or consorting represents a threat to the
             320      conduct of professional boxing contests in the public's interest within the state, or a threat to the
             321      health, safety, and welfare of the applicant or a licensed professional contestant;
             322          (ii) has not been convicted of a felony in any jurisdiction;
             323          (iii) is not associating or consorting with any person who has been convicted of a felony
             324      in any jurisdiction to the extent that the association or consorting represents a threat to the conduct
             325      of professional boxing contests in the public's interest within the state, or a threat to the health,
             326      safety, and welfare of the applicant or a licensed professional contestant;
             327          (iv) is not associating or consorting with a person engaging in illegal gambling or similar
             328      pursuits or a person gambling with respect to the promotion for which the applicant is receiving
             329      a license to the extent that the association or consorting represents a threat to the conduct of
             330      professional boxing contests in the public's interest within the state, or a threat to the health, safety,
             331      and welfare of the applicant or a licensed professional contestant;
             332          (v) is not engaging in illegal gambling with respect to sporting events or gambling with
             333      respect to a contest in which the applicant is participating;
             334          (vi) has not been found in an administrative, criminal, or civil proceeding to have engaged
             335      in or attempted to have engaged in any fraud or misrepresentation in connection with boxing or
             336      any other sporting event; and
             337          (vii) has not been found in an administrative, criminal, or civil proceeding to have violated


             338      or attempted to violate any law with respect to boxing in any jurisdiction or any law, rule, or order
             339      relating to the regulation of boxing in Utah or any other jurisdiction;
             340          (d) acknowledge in writing to the division receipt, understanding, and intent to comply
             341      with this [chapter] part and the rules made under this [chapter] part;
             342          (e) provide evidence satisfactory to the division and commission that the applicant is
             343      qualified by training and experience to competently act as a referee or judge in a professional
             344      boxing contest; and
             345          (f) if requested by the commission or the director, meet with the commission or the
             346      director to examine the applicant's qualifications for licensure.
             347          Section 5. Section 9-2-1805 , which is renumbered from Section 58-66-302 is renumbered
             348      and amended to read:
             349           [58-66-302].     9-2-1805. Term of license -- Expiration -- Renewal.
             350          (1) (a) Except as provided in Subsection (1)(b), the division shall issue each license under
             351      this chapter in accordance with a one-year renewal cycle established by rule. The division may by
             352      rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it
             353      administers.
             354          (b) A contest promoter license shall be for a single promotion and shall expire upon
             355      termination of the promotion.
             356          (2) At the time of renewal, the licensee shall show satisfactory evidence of compliance
             357      with renewal requirements to be established by rule by the division in collaboration with the
             358      commission.
             359          (3) Each license automatically expires on the expiration date shown on the license unless
             360      the licensee renews it in accordance with [Section 58-1-308 ] procedures established by rule.
             361          Section 6. Section 9-2-1806 , which is renumbered from Section 58-66-401 is renumbered
             362      and amended to read:
             363           [58-66-401].     9-2-1806. Grounds for denial of license -- Disciplinary
             364      proceedings.
             365          [(1) Grounds for refusing to issue a license to an applicant, for refusing to renew the
             366      license of a licensee, for revoking, suspending, restricting, or placing on probation the license of
             367      a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and desist
             368      order shall be in accordance with Section 58-1-401 , except as provided in Subsection (2).]


             369          (1) The division shall refuse to issue a license to an applicant and shall refuse to renew or
             370      shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a licensee
             371      who does not meet the qualifications for licensure under this part.
             372          (2) The division may refuse to issue a license to an applicant and may refuse to renew or
             373      may revoke, suspend, restrict, place on probation, issue a public or private reprimand to, or
             374      otherwise act upon the license of any licensee in any of the following cases:
             375          (a) the applicant or licensee has engaged in unprofessional conduct, as defined by statute
             376      or rule under this part;
             377          (b) the applicant or licensee has engaged in unlawful conduct as defined by statute under
             378      this part;
             379          (c) the applicant or licensee has been determined to be mentally incompetent for any
             380      reason by a court of competent jurisdiction; or
             381          (d) the applicant or licensee is unable to practice the occupation or profession with
             382      reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
             383      chemicals, or any other type of material, or as a result of any other mental or physical condition,
             384      when the licensee's condition demonstrates a threat or potential threat to the public health, safety,
             385      or welfare.
             386          (3) Any licensee whose license to practice an occupation or profession regulated by this
             387      part has been suspended, revoked, or restricted may apply for reinstatement of the license at
             388      reasonable intervals and upon compliance with any conditions imposed upon the licensee by
             389      statute, rule, or terms of the license suspension, revocation, or restriction.
             390          (4) The division may issue cease and desist orders:
             391          (a) to a licensee or applicant who may be disciplined under Subsection (1) or (2);
             392          (b) to any person who engages in or represents himself to be engaged in an occupation or
             393      profession regulated under this part; and
             394          (c) to any person who otherwise violates this part or any rules adopted under this part.
             395          (5) (a) Except as provided in Subsection (5)(b) or Subsection (6), the division may not take
             396      disciplinary action against any person for unprofessional or unlawful conduct under this part,
             397      unless the division initiates an adjudicative proceeding regarding the conduct within four years
             398      after the conduct is reported to the division.
             399          (b) The division may not take disciplinary action against any person for unprofessional or


             400      unlawful conduct more than ten years after the occurrence of the conduct, unless the proceeding
             401      is in response to a civil or criminal judgment or settlement and the proceeding is initiated within
             402      one year following the judgment or settlement.
             403          [(2)] (6) Notwithstanding the provisions of Title 63, Chapter 46b, Administrative
             404      Procedures Act, the division in collaboration with the commission shall have the authority to
             405      immediately suspend the license of a professional contestant at such time and for such period that
             406      the division and commission believe is necessary to protect the health, safety, and welfare of the
             407      contestant, other contestants, or the public. The division shall establish by rule appropriate
             408      procedures to invoke the suspension and to provide a suspended contestant a right to a hearing
             409      before the commission and division with respect to the suspension within a reasonable time after
             410      the suspension.
             411          Section 7. Section 9-2-1807 , which is renumbered from Section 58-66-501 is renumbered
             412      and amended to read:
             413           [58-66-501].     9-2-1807. Unlawful conduct.
             414          "Unlawful conduct" [is as defined by Subsection 58-1-501 (1).] means:
             415          (1) practicing or engaging in, representing oneself to be practicing or engaging in, or
             416      attempting to practice or engage in any occupation or profession requiring licensure under this part
             417      if the person is:
             418          (a) not licensed to do so under this part; or
             419          (b) restricted from doing so by a suspended, revoked, restricted, temporary, probationary,
             420      or inactive license;
             421          (2) impersonating another licensee or practicing an occupation or profession regulated by
             422      this part under a false or assumed name, except as permitted by law; or
             423          (3) knowingly employing any other person to practice or engage in or attempt to practice
             424      or engage in any occupation or profession licensed under this part if the employee is not licensed
             425      to do so under this part.
             426          Section 8. Section 9-2-1808 , which is renumbered from Section 58-66-502 is renumbered
             427      and amended to read:
             428           [58-66-502].     9-2-1808. Unprofessional conduct.
             429          "Unprofessional conduct" [is as defined by Subsection 58-1-501 (2) and as] means any of
             430      the following and may be further defined by rule[.]:


             431          (1) violating, or aiding or abetting any other person to violate, any statute, rule, or order
             432      regulating an occupation or profession under this part;
             433          (2) engaging in conduct that results in conviction of, or a plea of nolo contendere to, a
             434      crime of moral turpitude or any other crime that, when considered with the functions and duties
             435      of the occupation or profession for which the license was issued or is to be issued, bears a
             436      reasonable relationship to the licensee's or applicant's ability to safely or competently practice the
             437      occupation or profession;
             438          (3) engaging in conduct that results in disciplinary action, including reprimand, censure,
             439      diversion, probation, suspension, or revocation, by any other licensing or regulatory authority
             440      having jurisdiction over the licensee or applicant in the same occupation or profession if the
             441      conduct would, in this state, constitute grounds for denial of licensure or disciplinary proceedings
             442      under Section 9-2-1806 ;
             443          (4) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
             444      chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
             445      ability of the licensee or applicant to safely engage in the occupation or profession;
             446          (5) practicing or attempting to practice an occupation or profession regulated under this
             447      part despite being physically or mentally unfit to do so; or
             448          (6) practicing or attempting to practice an occupation or profession requiring licensure
             449      under this part by any form of action or communication which is false, misleading, deceptive, or
             450      fraudulent.
             451          Section 9. Section 9-2-1809 , which is renumbered from Section 58-66-503 is renumbered
             452      and amended to read:
             453           [58-66-503].     9-2-1809. Ultimate fighting prohibited.
             454          (1) Ultimate fighting matches are prohibited.
             455          (2) Any person who publicizes, promotes, conducts, or engages in an ultimate fighting
             456      match is:
             457          (a) guilty of a class A misdemeanor as provided in Section 76-9-705 ; and
             458          (b) subject to license revocation under this [chapter] part.
             459          Section 10. Section 9-2-1810 , which is renumbered from Section 58-66-601 is renumbered
             460      and amended to read:
             461           [58-66-601].     9-2-1810. Authority.


             462          The division, in collaboration with the commission, has sole regulatory jurisdiction over
             463      each contest held in the state. A contest may not be held in the state except under this [chapter]
             464      part.
             465          Section 11. Section 9-2-1811 , which is renumbered from Section 58-66-602 is renumbered
             466      and amended to read:
             467           [58-66-602].     9-2-1811. Approval to hold contest.
             468          (1) An application to hold a contest shall be made by a licensed promoter to the division
             469      on forms provided by the division.
             470          (2) The application shall be accompanied by a contest fee determined by the department
             471      under Section 63-38-3.2 .
             472          (3) The division may approve or deny approval to hold a contest permitted under this
             473      [chapter] part. Approval shall be granted upon a determination by the division in collaboration
             474      with the commission that:
             475          (a) the promoter of the contest is properly licensed; and
             476          (b) the contest will be held in accordance with this [chapter] part and rules made under this
             477      [chapter] part.
             478          Section 12. Section 9-2-1812 , which is renumbered from Section 58-66-603 is renumbered
             479      and amended to read:
             480           [58-66-603].     9-2-1812. Contracts.
             481          Before a contest is held, a copy of the signed contract or agreement between the promoter
             482      of the contest and each professional contestant shall be filed with the division. Approval of the
             483      contract or agreement terms and conditions shall be obtained from the division in collaboration
             484      with the commission as a condition precedent to the contest.
             485          Section 13. Section 9-2-1813 , which is renumbered from Section 58-66-604 is renumbered
             486      and amended to read:
             487           [58-66-604].     9-2-1813. Rules.
             488          (1) The division in collaboration with the commission shall adopt rules in accordance with
             489      the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the conduct of
             490      contests and tough man contests in the state.
             491          (2) The rules shall include authority for stopping contests, impounding purses with respect
             492      to contests when there is a question with respect to the contest, professional contestants, or any


             493      other licensee associated with the contest, and reasonable and necessary provisions to ensure that
             494      all obligations of a promoter with respect to any promotion or contest are paid in accordance with
             495      agreements made by the promoter.
             496          (3) The rules shall:
             497          (a) prohibit ultimate fighting matches; and
             498          (b) require the revocation of the license of any licensee who publicizes, promotes,
             499      conducts, or engages in an ultimate fighting match.
             500          Section 14. Section 9-2-1814 , which is renumbered from Section 58-66-605 is renumbered
             501      and amended to read:
             502           [58-66-605].     9-2-1814. HIV testing -- Testing of body fluids of professional
             503      contestants -- Sanctions for tests positive for alcohol or drugs.
             504          The division shall include in rules established under this [chapter] part:
             505          (1) provisions under which professional contestants shall produce evidence based upon
             506      competent laboratory examination that they are HIV negative as a condition of participating as a
             507      professional contestant in any contest; and
             508          (2) provisions under which professional contestants shall be subject to random drug testing
             509      before or after participation in a professional contest, and sanctions, including barring participation
             510      in a contest or withholding a percentage of any purse, that shall be placed against a professional
             511      contestant testing positive for alcohol or any other drug that in the opinion of the division and
             512      commission is inconsistent with the safe and competent participation of that contestant in a
             513      contest.
             514          Section 15. Section 9-2-1815 , which is renumbered from Section 58-66-606 is renumbered
             515      and amended to read:
             516           [58-66-606].     9-2-1815. Supervision of contests -- Payment of staff.
             517          (1) (a) The director, after collaboration with the chair of the commission, shall designate
             518      one member of the commission as the supervisor for each promotion. That commission member
             519      shall be responsible for the conduct of that promotion in accordance with this [chapter] part and
             520      rules made under this [chapter] part.
             521          (b) The designated commission member or the commission member's designee shall attend
             522      each contest.
             523          (2) The director may authorize other commission members, division personnel, and others


             524      as necessary to assist the designated commission member as requested by the commission member
             525      and may authorize the expenditure of necessary funds to the extent funds are available.
             526          Section 16. Section 9-2-1816 , which is renumbered from Section 58-66-607 is renumbered
             527      and amended to read:
             528           [58-66-607].     9-2-1816. Disposition of monies withheld from purse of
             529      professional contestant.
             530          Monies withheld from the purse of a professional contestant upon an order of the division
             531      after proceeding in accordance with Title 63, Chapter 46b, Administrative Procedures Act, shall
             532      be deposited in the [Commerce Service] General Fund as restricted revenues to implement the
             533      requirements of this [chapter] part.
             534          Section 17. Section 9-2-1817 , which is renumbered from Section 58-66-608 is renumbered
             535      and amended to read:
             536           [58-66-608].     9-2-1817. Report of gross receipts -- 5% state event tax on gross
             537      receipts.
             538          (1) A promoter staging any contest for which there is an admission fee charged, whether
             539      the contest is live or on a closed-circuit telecast, shall within 72 hours after the contest, furnish to
             540      the division a verified written report on a form supplied by the division, showing the total gross
             541      receipts of the contest without any deduction.
             542          (2) At the time the promoter furnishes a report showing the total gross receipts, the
             543      promoter shall pay to the division a state event tax, exclusive of other state or federal taxes, of 5%
             544      of the total gross receipts of the contest.
             545          (3) Failure of a promoter to pay the state event tax as provided in this section shall be
             546      grounds for the immediate suspension or revocation of the promoter's license.
             547          (4) The state event tax shall be deposited in the [Commerce Service] General Fund as
             548      restricted revenues to be used to implement the requirements of this [chapter] part.
             549          Section 18. Repealer.
             550          This act repeals:
             551          Section 58-66-303, Exemptions from licensure.
             552          Section 19. Appropriation.
             553          There is appropriated from the General Fund for fiscal year 2000-01, $40,000 to the
             554      Department of Community and Economic Development to be used as follows:


             555          (1) 60% to be used to promote and fund amateur boxing in the state; and
             556          (2) 40% to be used to cover costs incurred by the Utah Boxing Commission in overseeing
             557      professional boxing events in this state.
             558          Section 20. Effective date.
             559          This act takes effect on July 1, 2000.




Legislative Review Note
    as of 2-8-00 4:22 PM


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

Office of Legislative Research and General Counsel


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