First Substitute S.B. 149

Senator Ed Mayne proposes the following substitute bill:

1 PETE SUAZO ATHLETIC COMMISSION
2 AMENDMENTS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ed Mayne
6
7 LONG TITLE
8 General Description:
9 This bill amends the provisions of the Pete Suazo Utah Athletic Commission Act.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . amends the statutes governing professional boxing and mixed martial arts contests;
14 and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 13-33-102, as last amended by Chapter 17, Laws of Utah 2004
23 13-33-303, as enacted by Chapter 91, Laws of Utah 2001
24 13-33-401, as last amended by Chapter 17, Laws of Utah 2004
25 13-33-402, as enacted by Chapter 91, Laws of Utah 2001

26 13-33-403, as enacted by Chapter 91, Laws of Utah 2001
27 13-33-405, as enacted by Chapter 91, Laws of Utah 2001
28 ENACTS:
29 13-33-507, Utah Code Annotated 1953
30 13-33-508, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 13-33-102 is amended to read:
34 13-33-102. Definitions.
35 As used in this chapter:
36 (1) "Bodily injury" [means] is as defined in Section 76-1-601 .
37 (2) "Boxing" means the sport of attack and defense using the fist, covered by an
38 approved boxing glove.
39 (3) "Club fighting" means any contest of unarmed combat, whether admission is
40 charged or not, where:
41 (a) the rules of the contest are not approved by the commission;
42 (b) a licensed physician or osteopath is not in attendance;
43 (c) an HIV negative test regarding each contestant not less than 180 days before the
44 contest has not been provided to the commission;
45 (d) the contest is not conducted in accordance with commission rules; or
46 (e) the contestants are not matched by the weight standards described in Section
47 13-33-507 .
48 [(2)] (4) "Commission" means the Pete Suazo Utah Athletic Commission created in
49 this chapter.
50 [(3)] (5) "Contest" means a live match, performance, or exhibition involving two or
51 more persons engaged in unarmed combat.
52 [(4)] (6) "Contestant" means an individual who participates in a contest.
53 [(5)] (7) "Department" means the Department of Commerce.
54 (8) "Designated commission member" means a member of the commission designated
55 to:
56 (a) attend and supervise a particular contest; and

57 (b) act on the behalf of the commission at a contest venue.
58 [(6)] (9) "Director" means the director of the Pete Suazo Utah Athletic Commission.
59 (10) "Elimination boxing contest" means:
60 (a) a contest where a number of contestants participate in a tournament;
61 (b) over a period of time not exceeding 48 hours; and
62 (c) the loser of each contest is eliminated from further competition.
63 [(7)] (11) "Executive director" means the executive director of the Department of
64 Commerce.
65 [(8)] (12) "Exhibition" means an engagement in which the participants show or display
66 their skills without necessarily striving to win.
67 [(9)] (13) "Judge" means an individual qualified by training or experience to:
68 (a) rate the performance of contestants;
69 (b) score a contest; and
70 (c) determine with other judges whether there is a winner of the contest or whether the
71 contestants performed equally resulting in a draw.
72 (14) "Licensee" means an individual licensed by the commission to act as a:
73 (a) contestant;
74 (b) judge;
75 (c) manager;
76 (d) promoter;
77 (e) referee; or
78 (f) second.
79 [(10)] (15) "Manager" means an individual who represents a contestant for the
80 purposes of:
81 (a) obtaining [matches,] a contest;
82 (b) negotiating terms and conditions of the contract under which the contestant will
83 engage in a contest[,]; or
84 (c) arranging for a second for the contestant at a contest.
85 [(11)] (16) "Promoter" means a person who engages in producing or staging contests
86 and promotions.
87 [(12)] (17) "Promotion" means a single contest or a combination of contests that occur

88 during the same time at the same location and that is produced or staged by a promoter.
89 [(13)] (18) "Purse" means any money, prize, remuneration, or any other valuable
90 consideration a contestant receives or may receive for participation in a contest.
91 [(14)] (19) "Referee" means an individual qualified by training or experience to act as
92 the official attending a contest at the point of contact between contestants for the purpose of:
93 (a) enforcing the rules relating to the contest;
94 (b) stopping the contest in the event the health, safety, and welfare of a contestant or
95 any other person in attendance at the contest is in jeopardy; and
96 (c) to act as a judge if so designated by the commission.
97 (20) "Round" means one of a number of individual time periods that, taken together,
98 constitute a contest during which contestants are engaged in a form of unarmed combat.
99 [(15)] (21) "Second" means an individual who attends a contestant at the site of the
100 contest before, during, and after the contest in accordance with contest rules.
101 [(16)] (22) "Serious bodily injury" is as defined in Section 76-1-601 .
102 [(17)] (23) "Total gross receipts" means the amount of the face value of all tickets sold
103 to a particular contest plus any sums received as consideration for holding the contest at a
104 particular location.
105 [(18)] (24) "Ultimate fighting [match]" means a live [match] contest, whether or not an
106 admission fee is charged in which:
107 [(a) an admission fee is charged;]
108 [(b) match] (a) contest rules permit contestants to use a combination of boxing,
109 kicking, wrestling, hitting, punching, or other combative, contact techniques; [and]
110 [(c) match] (b) contest rules [do not: (i)] incorporate a formalized system of combative
111 techniques against which a contestant's performance is judged to determine the prevailing
112 contestant;
113 [(ii) divide a match into two or more equal and specified time periods for a match total
114 of no more than 50 minutes; or (iii)]
115 (c) contest rules divide nonchampionship contests into three equal and specified rounds
116 of no more than five minutes per round with a rest period of one minute between each round;
117 (d) contest rules divide championship contests into five equal and specified rounds of
118 no more than five minutes per round with a rest period of one minute between each round; and

119 (e) contest rules prohibit contestants from:
120 [(A)] (i) using anything that is not part of the human body, except for boxing gloves, to
121 intentionally inflict serious bodily injury upon an opponent through direct contact or the
122 expulsion of a projectile;
123 [(B)] (ii) striking a person who demonstrates an inability to protect himself from the
124 advances of an opponent;
125 [(C)] (iii) biting; or
126 [(D)] (iv) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple
127 area of the neck, and temple area of the head.
128 [(19)] (25) (a) "Unarmed combat" means boxing or any other form of competition in
129 which a blow is usually struck which may reasonably be expected to inflict bodily injury.
130 (b) "Unarmed combat" does not include a competition or exhibition between
131 participants in which the participants engage in simulated combat for entertainment purposes.
132 [(20)] (26) "Unlawful conduct" means organizing, promoting, or participating in a
133 contest which involves contestants that are not licensed under this chapter.
134 [(21)] (27) "Unprofessional conduct" means:
135 (a) entering into a contract for a contest in bad faith;
136 (b) participating in any sham or fake contest;
137 (c) participating in a contest pursuant to a collusive understanding or agreement in
138 which the contestant competes in or terminates the contest in a manner that is not based upon
139 honest competition or the honest exhibition of the skill of the contestant;
140 (d) engaging in an act or conduct that is detrimental to a contest, including any foul or
141 unsportsmanlike conduct in connection with a contest;
142 (e) failing to comply with any limitation, restriction, or condition placed on a license;
143 [or]
144 (f) striking of a downed opponent by a contestant while the contestant remains on the
145 contestant's feet;
146 (g) after entering the ring or contest area, penetrating an area within four feet of an
147 opponent by a contestant, manager or second before the commencement of the contest; or
148 [(f)] (h) as further defined by rule by the commission.
149 Section 2. Section 13-33-303 is amended to read:

150 13-33-303. Grounds for denial of license -- Disciplinary proceedings --
151 Reinstatement.
152 (1) The commission shall refuse to issue a license to an applicant and shall refuse to
153 renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of
154 a licensee who does not meet the qualifications for licensure under this chapter.
155 (2) The commission may refuse to issue a license to an applicant and may refuse to
156 renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand
157 to, or otherwise act upon the license of any licensee in any of the following cases:
158 (a) the applicant or licensee has engaged in unlawful or unprofessional conduct, as
159 defined by statute or rule under this chapter;
160 (b) the applicant or licensee has been determined to be mentally incompetent for any
161 reason by a court of competent jurisdiction; or
162 (c) the applicant or licensee is unable to practice the occupation or profession with
163 reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
164 chemicals, or any other type of material, or as a result of any other mental or physical
165 condition, when the licensee's condition demonstrates a threat or potential threat to the public
166 health, safety, or welfare.
167 (3) Any licensee whose license under this chapter has been suspended, revoked, or
168 restricted may apply for reinstatement of the license at reasonable intervals and upon
169 compliance with any conditions imposed upon the licensee by statute, rule, or terms of the
170 license suspension, revocation, or restriction.
171 (4) The commission may issue cease and desist orders:
172 (a) to a licensee or applicant who may be disciplined under Subsection (1) or (2); and
173 (b) to any person who otherwise violates this chapter or any rules adopted under this
174 title.
175 (5) (a) The commission may impose an administrative fine for acts of unprofessional or
176 unlawful conduct under this chapter.
177 (b) An administrative fine under this Subsection (5) may not exceed $2,500 for each
178 separate act of unprofessional or unlawful conduct.
179 (c) The commission shall comply with Title 63, Chapter 46b, Administrative
180 Procedures Act, in any action to impose an administrative fine under this chapter.

181 (d) The imposition of a fine under this Subsection (5) does not affect any other action
182 the commission or department may take concerning a license issued under this chapter.
183 [(5)] (6) (a) The commission may not take disciplinary action against any person for
184 unlawful or unprofessional conduct under this title, unless the commission initiates an
185 adjudicative proceeding regarding the conduct within four years after the conduct is reported to
186 the commission, except under Subsection [(5)] (6)(b).
187 (b) The commission may not take disciplinary action against any person for unlawful
188 or unprofessional conduct more than ten years after the occurrence of the conduct, unless the
189 proceeding is in response to a civil or criminal judgment or settlement and the proceeding is
190 initiated within one year following the judgment or settlement.
191 [(6)] (7) (a) Notwithstanding [the provisions of] Title 63, Chapter 46b, Administrative
192 Procedures Act, [the commission shall] the following have the authority to immediately
193 suspend the license of a [contestant] licensee at such time and for such period that the
194 [commission] following believes is necessary to protect the health, safety, and welfare of the
195 [contestant, other contestants] licensee, another licensee, or the public[.]:
196 (i) the commission;
197 (ii) a designated commission member; or
198 (iii) if a designated commission member is not present, the director.
199 (b) The commission shall establish by rule appropriate procedures to invoke the
200 suspension and to provide a suspended [contestant] licensee a right to a hearing before the
201 commission with respect to the suspension within a reasonable time after the suspension.
202 Section 3. Section 13-33-401 is amended to read:
203 13-33-401. Jurisdiction of commission.
204 (1) (a) The commission has and is vested with the sole direction, management, control,
205 and jurisdiction over all contests or exhibitions of unarmed combat to be conducted, held, or
206 given within this state[, and no].
207 (b) A contest or exhibition may not be conducted, held, or given within this state
208 except in accordance with [the provisions of] this chapter.
209 (2) Any contest involving a form of unarmed self-defense must be conducted pursuant
210 to rules for that form which are approved by the commission before the contest is conducted,
211 held, or given.

212 (3) (a) An area not less than six feet from the perimeter of the ring shall be reserved for
213 the use of:
214 (i) the designated commission member;
215 (ii) other commission members in attendance;
216 (iii) the director;
217 (iv) commission employees;
218 (v) officials;
219 (vi) licensees participating or assisting in the contest; and
220 (vii) others granted credentials by the commission.
221 (b) The promoter shall provide security at the direction of the commission or
222 designated commission member to secure the area described in Subsection (3)(a).
223 (4) The area described in Subsection (3), area in the dressing rooms, and other areas
224 considered necessary by the designated commission member for the safety and welfare of a
225 licensee and the public shall be reserved for the use of:
226 (a) the designated commission member;
227 (b) other commission members in attendance;
228 (c) the director;
229 (d) commission employees;
230 (e) officials;
231 (f) licensees participating or assisting in the contest; and
232 (g) others granted credentials by the commission.
233 (5) The promoter shall provide security at the direction of the commission or
234 designated commission member to secure the areas described in Subsections (3) and (4).
235 (6) (a) The designated commission member may direct the removal from the contest
236 venue and premises, of any individual whose actions:
237 (i) are disruptive to the safe conduct of the contest; or
238 (ii) pose a danger to the safety and welfare of the licensees, the commission, or the
239 public.
240 (b) The promoter shall provide security at the direction of the commission or
241 designated commission member to effectuate a removal under Subsection (6)(a).
242 Section 4. Section 13-33-402 is amended to read:

243 13-33-402. Club fighting prohibited.
244 (1) [Ultimate] Club fighting [matches are] is prohibited.
245 (2) Any person who publicizes, promotes, conducts, or engages in [an ultimate] a club
246 fighting match is:
247 (a) guilty of a class A misdemeanor as provided in Section 76-9-705 ; and
248 (b) subject to license revocation under this chapter.
249 Section 5. Section 13-33-403 is amended to read:
250 13-33-403. Approval to hold contest or promotion -- Bond required.
251 (1) An application to hold a contest or multiple contests as part of a single promotion
252 shall be made by a licensed promoter to the commission on forms provided by the commission.
253 (2) The application shall be accompanied by a contest fee determined by the
254 department under Section 63-38-3.2 .
255 [(3) Before a permit to hold a contest or promotion is granted, the applicant shall post a
256 surety bond with the commission in an amount and form determined by the commission,
257 providing for forfeiture and subsequent disbursement of the proceeds from the bond if the
258 applicant fails to comply with the requirements of this chapter or rules made under this chapter
259 relating to the promotion or conduct of the contest or promotion.]
260 [(4)] (3) (a) The commission may approve or deny approval to hold a contest or
261 promotion permitted under this chapter. [Approval]
262 (b) Provisional approval under Subsection (3)(a) shall be granted upon a determination
263 by the commission that:
264 [(a)] (i) the promoter of the contest or promotion is properly licensed;
265 [(b)] (ii) a bond meeting the requirements of Subsection [(3)] (5) has been posted by
266 the promoter of the contest or promotion; and
267 [(c)] (iii) the contest or promotion will be held in accordance with this chapter and
268 rules made under this chapter.
269 (4) Final approval to hold a contest or promotion may not be granted unless the
270 promoter provides to the commission not less than seven days before the day of the contest:
271 (a) proof of a negative HIV test performed not more than 180 days before the day of
272 the contest for each contestant;
273 (b) a copy of each contestant's federal identification card;

274 (c) a copy of a signed contract between each contestant and the promoter for the
275 contest;
276 (d) a statement specifying the maximum number of rounds of the contest;
277 (e) a statement specifying the site, date, and time of weigh-in; and
278 (f) the name of the physician who shall act as ringside physician for the contest.
279 (5) An applicant shall post a surety bond or cashier's check with the commission in the
280 greater of $10,000 or the amount of the purse, providing for forfeiture and disbursement of the
281 proceeds if the applicant fails to comply with:
282 (a) the requirements of this chapter; or
283 (b) rules made under this chapter relating to the promotion or conduct of the contest or
284 promotion.
285 Section 6. Section 13-33-405 is amended to read:
286 13-33-405. Medical examinations and drug tests.
287 The commission shall adopt rules in accordance with [the provisions of] Title 63,
288 Chapter 46a, Utah Administrative Rulemaking Act, for [HIV] medical examinations and drug
289 testing of contestants [which include] including:
290 (1) provisions under which contestants shall produce evidence based upon competent
291 laboratory examination that they are HIV negative as a condition of participating as a
292 contestant in any contest; [and]
293 (2) provisions under which contestants shall be subject to random drug testing before
294 or after participation in a contest, and sanctions, including barring participation in a contest or
295 withholding a percentage of any purse, that shall be placed against a contestant testing positive
296 for alcohol or any other drug that in the opinion of the commission is inconsistent with the safe
297 and competent participation of that contestant in a contest[.];
298 (3) provisions under which contestants shall be subject to a medical examination by the
299 ringside physician not more than 30 hours before the contest to identify any physical ailment or
300 communicable disease that, in the opinion of the commission or designated commission
301 member, are inconsistent with the safe and competent participation of that contestant in the
302 contest; and
303 (4) provisions under which contestants shall be subject to medical testing for
304 communicable diseases as considered necessary by the commission to protect the health,

305 safety, and welfare of the licensees and the public.
306 Section 7. Section 13-33-507 is enacted to read:
307 13-33-507. Contest weights and classes -- Matching contestants.
308 (1) Boxing contest weights and classes are established as follows:
309 (a) strawweight is up to and including 105 lbs. (47.627 kgs.);
310 (b) light-flyweight is over 105 lbs. (47.627 kgs.) to 108 lbs. (48.988 kgs.);
311 (c) flyweight is over 108 lbs (48.988 kgs.) to 112 lbs. (50.802 kgs.);
312 (d) super flyweight is over 112 lbs. (50.802 kgs.) to 115 lbs. (52.163 kgs.);
313 (e) bantamweight is over 115 lbs. (52.163 kgs.) to 118 lbs. (53.524 kgs.);
314 (f) super bantamweight is over 118 lbs. (53.524 kgs.) to 122 lbs. (55.338 kgs.);
315 (g) featherweight is over 122 lbs. (55.338 kgs.) to 126 lbs. (57.153 kgs.);
316 (h) super featherweight is over 126 lbs. (57.153 kgs.) to 130 lbs. (58.967 kgs.);
317 (i) lightweight is over 130 lbs. (58.967 kgs.) to 135 lbs. (61.235 kgs.);
318 (j) super lightweight is over 135 lbs. (61.235 kgs.) to 140 lbs. (63.503 kgs.);
319 (k) welterweight is over 140 lbs. (63.503 kgs.) to 147 lbs. (66.678 kgs.);
320 (l) super welterweight is over 147 lbs. (66.678 kgs.) to 154 lbs. (69.853 kgs.);
321 (m) middleweight is over 154 lbs. (69.853 kgs.) to 160 lbs. (72.574 kgs.);
322 (n) super middleweight is over 160 lbs. (72.574 kgs.) to 168 lbs. (76.204 kgs.);
323 (o) light-heavyweight is over 168 lbs. (76.204 kgs.) to 175 lbs. (79.378 kgs.);
324 (p) cruiserweight is over 175 lbs. (79.378 kgs.) to 200 lbs. (90.720 kgs.); and
325 (q) heavyweight is over 200 lbs. (90.720 kgs.).
326 (2) Contest weights and classes for unarmed combat that is not boxing are established
327 as follows:
328 (a) flyweight is up to and including 125 lbs. (56.82 kgs.);
329 (b) bantamweight is over 125 lbs. (56.82 kgs.) to 135 lbs. (61.36 kgs.);
330 (c) featherweight is over 135 lbs (61.36 kgs.) to 145 lbs. (65.91 kgs.);
331 (d) lightweight is over 145 lbs. (65.91 kgs.) to 155 lbs. (70.45 kgs.);
332 (e) welterweight is over 155 lbs. (70.45 kgs.) to 170 lbs. (77.27 kgs.);
333 (f) middleweight is over 170 lbs. (77.27 kgs.) to 185 lbs. (84.09 kgs.);
334 (g) light heavyweight is over 185 lbs. (84.09 kgs.) to 205 lbs. (93.18 kgs.);
335 (h) heavyweight is over 205 lbs. (93.18 kgs.) to 265 lbs. (120.45 kgs.);

336 (i) super heavyweight is over 265 lbs. (120.45 kgs.).
337 (3) As to any unarmed combat contest, a contestant may not fight another contestant
338 who is outside of the contestant's weight classification.
339 (4) As to any unarmed combat contest:
340 (a) a contestant who has contracted to participate in a given weight class may not be
341 permitted to compete if the contestant is not within that weight class at the weigh-in; and
342 (b) a contestant may have two hours to attempt to gain or lose not more than three
343 pounds in order to be reweighed.
344 (5) (a) As to any unarmed combat contest, the commission may not allow a contest in
345 which the contestants are not fairly matched.
346 (b) Factors in determining if contestants are fairly matched include:
347 (i) the win-loss record of the contestants;
348 (ii) the weight differential between the contestants;
349 (iii) the caliber of opponents for each contestant;
350 (iv) each contestant's number of fights; and
351 (v) previous suspensions or disciplinary actions of the contestants.
352 Section 8. Section 13-33-508 is enacted to read:
353 13-33-508. Elimination boxing contests -- Conduct of contests -- Applicability of
354 provisions -- Limitations on license -- Duration of contests -- Equipment -- Limitations on
355 contests.
356 (1) An elimination boxing contest shall be conducted under the supervision and
357 authority of the commission.
358 (2) Except as otherwise provided in this section and except as otherwise provided by
359 specific statute, the provisions of this chapter pertaining to boxing apply to an elimination
360 boxing contest.
361 (3) (a) All contests in an elimination boxing contest shall be no more than three rounds
362 in duration.
363 (b) A round of unarmed combat in an elimination boxing contest shall be no more than
364 one minute in duration.
365 (c) A period of rest following a round shall be no more than one minute in duration.
366 (4) A contestant:

367 (a) shall wear gloves that weigh 16 ounces; and
368 (b) shall wear headgear approved by the commission, the designated commission
369 member, or the director if a designated commission member is not present.
370 (5) A contestant may participate in more than one contest, but may not box more than a
371 total of seven rounds in the entire tournament.