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