First Substitute H.B. 254

Representative Gregory H. Hughes proposes the following substitute bill:

1 PETE SUAZO ATHLETIC COMMISSION
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: Ed Mayne
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Pete Suazo Utah Athletic Commission Act.
10 Highlighted Provisions:
11 This bill:
12 . excludes sparring from the definition of club fighting;
13 . moves the Pete Suazo Utah Athletic Commission from the Department of
14 Commerce to the Department of Community and Culture;
15 . changes the number and manner of appointment of commission members;
16 . removes a restriction limiting the number of terms a commission member may
17 serve;
18 . removes a requirement that a security guard for an unarmed combat contest be
19 licensed by the commission;
20 . eliminates some provisions concerning an applicant's character;
21 . addresses a ringside physician's duties and authority;
22 . changes the calculation of a license fee from a gross receipts calculation to one
23 based on venue size;
24 . permits a contract in which a contestant agrees to fight within a weight range
25 narrower than that permitted by the statutory weight classes;

26 . provides that final approval for a contest under ten rounds may be granted in a time
27 determined by the commission, instead of seven days before the contest;
28 . provides that a third party may not receive or submit a contestant's medical
29 information;
30 . eliminates a report to the commission; and
31 . makes technical changes.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 This bill takes effect on July 1, 2007.
36 This bill coordinates with S.B. 167, Utah Sports Authority, by providing substantive
37 and technical amendments.
38 Utah Code Sections Affected:
39 ENACTS:
40 9-16-101, Utah Code Annotated 1953
41 9-16-102, Utah Code Annotated 1953
42 9-16-201, Utah Code Annotated 1953
43 9-16-202, Utah Code Annotated 1953
44 9-16-203, Utah Code Annotated 1953
45 9-16-204, Utah Code Annotated 1953
46 9-16-205, Utah Code Annotated 1953
47 9-16-301, Utah Code Annotated 1953
48 9-16-302, Utah Code Annotated 1953
49 9-16-303, Utah Code Annotated 1953
50 9-16-304, Utah Code Annotated 1953
51 9-16-305, Utah Code Annotated 1953
52 9-16-401, Utah Code Annotated 1953
53 9-16-402, Utah Code Annotated 1953
54 9-16-403, Utah Code Annotated 1953
55 9-16-404, Utah Code Annotated 1953
56 9-16-405, Utah Code Annotated 1953

57 9-16-406, Utah Code Annotated 1953
58 9-16-407, Utah Code Annotated 1953
59 9-16-408, Utah Code Annotated 1953
60 9-16-409, Utah Code Annotated 1953
61 9-16-501, Utah Code Annotated 1953
62 9-16-502, Utah Code Annotated 1953
63 9-16-503, Utah Code Annotated 1953
64 9-16-504, Utah Code Annotated 1953
65 9-16-505, Utah Code Annotated 1953
66 REPEALS:
67 13-33-101, as last amended by Chapter 9, Laws of Utah 2001, Second Special Session
68 13-33-102, as last amended by Chapter 72, Laws of Utah 2006
69 13-33-201, as last amended by Chapter 72, Laws of Utah 2006
70 13-33-202, as last amended by Chapter 72, Laws of Utah 2006
71 13-33-203, as last amended by Chapter 72, Laws of Utah 2006
72 13-33-204, as enacted by Chapter 91, Laws of Utah 2001
73 13-33-205, as enacted by Chapter 91, Laws of Utah 2001
74 13-33-301, as last amended by Chapter 72, Laws of Utah 2006
75 13-33-302, as enacted by Chapter 91, Laws of Utah 2001
76 13-33-303, as last amended by Chapter 72, Laws of Utah 2006
77 13-33-304, as last amended by Chapter 304, Laws of Utah 2002
78 13-33-305, as enacted by Chapter 91, Laws of Utah 2001
79 13-33-401, as last amended by Chapter 72, Laws of Utah 2006
80 13-33-402, as last amended by Chapter 104, Laws of Utah 2005
81 13-33-403, as last amended by Chapter 72, Laws of Utah 2006
82 13-33-404, as last amended by Chapter 72, Laws of Utah 2006
83 13-33-405, as last amended by Chapter 104, Laws of Utah 2005
84 13-33-406, as enacted by Chapter 72, Laws of Utah 2006
85 13-33-502, as last amended by Chapter 9, Laws of Utah 2001, Second Special Session
86 13-33-503, as enacted by Chapter 91, Laws of Utah 2001
87 13-33-504, as last amended by Chapter 72, Laws of Utah 2006

88 13-33-505, as enacted by Chapter 91, Laws of Utah 2001
89 13-33-506, as last amended by Chapter 17, Laws of Utah 2004
90 13-33-507, as enacted by Chapter 104, Laws of Utah 2005
91 13-33-508, as last amended by Chapter 72, Laws of Utah 2006
92
93 Be it enacted by the Legislature of the state of Utah:
94 Section 1. Section 9-16-101 is enacted to read:
95 CHAPTER 16. PETE SUAZO UTAH ATHLETIC COMMISSION ACT
96 Part 1. General Provisions
97 9-16-101. Title.
98 This chapter is known as the "Pete Suazo Utah Athletic Commission Act."
99 Section 2. Section 9-16-102 is enacted to read:
100 9-16-102. Definitions.
101 As used in this chapter:
102 (1) "Bodily injury" is as defined in Section 76-1-601 .
103 (2) "Boxing" means the sport of attack and defense using the fist, covered by an
104 approved boxing glove.
105 (3) (a) "Club fighting" means any contest of unarmed combat, whether or not
106 admission is charged, if:
107 (i) the rules of the contest are not approved by the commission;
108 (ii) a licensed physician or osteopath is not in attendance;
109 (iii) a negative result from an HIV test performed on each contestant not less than 180
110 days before the contest has not been provided to the commission;
111 (iv) the contest is not conducted in accordance with commission rules; or
112 (v) the contestants are not matched by the weight standards described in Section
113 9-16-407 .
114 (b) "Club fighting" does not include sparring if it is conducted for training purposes
115 and no tickets are sold to spectators.
116 (4) "Commission" means the Pete Suazo Utah Athletic Commission created in this
117 chapter.
118 (5) "Contest" means a live match, performance, or exhibition involving two or more

119 persons engaged in unarmed combat.
120 (6) "Contestant" means a person who participates in a contest.
121 (7) "Designated commission member" means a member of the commission designated
122 to:
123 (a) attend and supervise a particular contest; and
124 (b) act on the behalf of the commission at a contest venue.
125 (8) "Elimination boxing contest" means:
126 (a) a contest where a number of contestants participate in a tournament over a period of
127 time not exceeding 48 hours; and
128 (b) the loser of each contest is eliminated from further competition.
129 (9) "Exhibition" means an engagement in which the participants show or display their
130 skills without necessarily striving to win.
131 (10) "Federal identification card" means an identification card issued under 15 U.S.C.
132 Sec. 6305.
133 (11) "Judge" means an individual qualified by training or experience to:
134 (a) rate the performance of contestants;
135 (b) score a contest; and
136 (c) determine with other judges whether there is a winner of the contest or whether the
137 contestants performed equally resulting in a draw.
138 (12) "Licensee" means an individual licensed by the commission to act as a:
139 (a) contestant;
140 (b) judge;
141 (c) manager;
142 (d) promoter;
143 (e) referee; or
144 (f) second.
145 (13) "Manager" means an individual who represents a contestant for the purposes of:
146 (a) obtaining a contest;
147 (b) negotiating terms and conditions of the contract under which the contestant will
148 engage in a contest; or
149 (c) arranging for a second for the contestant at a contest.

150 (14) "Promoter" means a person who engages in producing or staging contests and
151 promotions.
152 (15) "Promotion" means a single contest or a combination of contests that occur during
153 the same time at the same location and that is produced or staged by a promoter.
154 (16) "Purse" means any money, prize, remuneration, or any other valuable
155 consideration a contestant receives or may receive for participation in a contest.
156 (17) "Referee" means an individual qualified by training or experience to act as the
157 official attending a contest at the point of contact between contestants for the purpose of:
158 (a) enforcing the rules relating to the contest;
159 (b) stopping the contest in the event the health, safety, and welfare of a contestant or
160 any other person in attendance at the contest is in jeopardy; and
161 (c) to act as a judge if so designated by the commission.
162 (18) "Round" means one of a number of individual time periods that, taken together,
163 constitute a contest during which contestants are engaged in a form of unarmed combat.
164 (19) "Second" means an individual who attends a contestant at the site of the contest
165 before, during, and after the contest in accordance with contest rules.
166 (20) "Secretary" means the secretary of the Pete Suazo Utah Athletic Commission.
167 (21) "Serious bodily injury" is as defined in Section 76-1-601 .
168 (22) "Ultimate fighting" means a live contest, whether or not an admission fee is
169 charged in which:
170 (a) contest rules permit contestants to use a combination of boxing, kicking, wrestling,
171 hitting, punching, or other combative, contact techniques;
172 (b) contest rules incorporate a formalized system of combative techniques against
173 which a contestant's performance is judged to determine the prevailing contestant;
174 (c) contest rules divide nonchampionship contests into three equal and specified rounds
175 of no more than five minutes per round with a rest period of one minute between each round;
176 (d) contest rules divide championship contests into five equal and specified rounds of
177 no more than five minutes per round with a rest period of one minute between each round; and
178 (e) contest rules prohibit contestants from:
179 (i) using anything that is not part of the human body, except for boxing gloves, to
180 intentionally inflict serious bodily injury upon an opponent through direct contact or the

181 expulsion of a projectile;
182 (ii) striking a person who demonstrates an inability to protect himself from the
183 advances of an opponent;
184 (iii) biting; or
185 (iv) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of
186 the neck, and temple area of the head.
187 (23) (a) "Unarmed combat" means boxing or any other form of competition in which a
188 blow is usually struck that may reasonably be expected to inflict bodily injury.
189 (b) "Unarmed combat" does not include a competition or exhibition between
190 participants in which the participants engage in simulated combat for entertainment purposes.
191 (24) "Unlawful conduct" means organizing, promoting, or participating in a contest
192 involving contestants that are not licensed under this chapter.
193 (25) "Unprofessional conduct" means:
194 (a) entering into a contract for a contest in bad faith;
195 (b) participating in any sham or fake contest;
196 (c) participating in a contest pursuant to a collusive understanding or agreement in
197 which the contestant competes in or terminates the contest in a manner that is not based upon
198 honest competition or the honest exhibition of the skill of the contestant;
199 (d) engaging in an act or conduct that is detrimental to a contest, including any foul or
200 unsportsmanlike conduct in connection with a contest;
201 (e) failing to comply with any limitation, restriction, or condition placed on a license;
202 (f) striking of a downed opponent by a contestant while the contestant remains on the
203 contestant's feet unless the commission, following a hearing conducted under Subsection
204 9-16-404 (3) and before the contest, has exempted the contest and each contestant from this
205 Subsection (25)(f);
206 (g) after entering the ring or contest area, penetrating an area within four feet of an
207 opponent by a contestant, manager, or second before the commencement of the contest; or
208 (h) as further defined by rule by the commission.
209 (26) "White-collar boxing contest" means a contest in which:
210 (a) neither contestant is a professional boxer or an amateur registered with USA
211 Boxing, Inc; and

212 (b) no cash prize, or other prize valued at greater than $35, is awarded.
213 Section 3. Section 9-16-201 is enacted to read:
214 Part 2. Commission
215 9-16-201. Pete Suazo Utah Athletic Commission -- Membership -- Appointment --
216 Terms -- Removal -- Quorum -- Compensation -- Chair.
217 (1) There is created within the Department of Community and Culture the Pete Suazo
218 Utah Athletic Commission consisting of three members.
219 (2) (a) The governor, president of the Senate, and speaker of the House shall each
220 appoint one commission member.
221 (b) The commission members may not be licensees under this chapter.
222 (3) (a) Except as required by Subsection (3)(b), as terms of current members expire, the
223 governor, president, or speaker, respectively, shall appoint each new member or reappointed
224 member to a four-year term.
225 (b) The governor shall, at the time of appointment or reappointment, adjust the length
226 of the governor's appointee's term to ensure that the terms of members are staggered so that at
227 least one member of the commission is appointed every two years.
228 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
229 appointed for the unexpired term.
230 (d) If a commission member fails or refuses to fulfill the responsibilities and duties of a
231 commission member, including the attendance at commission meetings, the governor,
232 president, or speaker, respectively, with the approval of the commission, may remove the
233 commission member and replace the member in accordance with this section.
234 (4) (a) A majority of the commission members constitutes a quorum.
235 (b) A quorum is sufficient authority for the commission to act.
236 (5) (a) (i) Members who are not government employees shall receive no compensation
237 or benefits for their services, but may receive per diem and expenses incurred in the
238 performance of the member's official duties at the rates established by the Division of Finance
239 under Sections 63A-3-106 and 63A-3-107 .
240 (ii) Members may decline to receive per diem and expenses for their service.
241 (b) (i) State government officer and employee members who do not receive salary, per
242 diem, or expenses from their agency for their service may receive per diem and expenses

243 incurred in the performance of their official duties at the rates established by the Division of
244 Finance under Sections 63A-3-106 and 63A-3-107 .
245 (ii) State government officer and employee members may decline to receive per diem
246 and expenses for their service.
247 (6) The commission shall annually designate one of its members to serve as chair for a
248 one-year period.
249 Section 4. Section 9-16-202 is enacted to read:
250 9-16-202. Commission powers and duties.
251 (1) The commission shall:
252 (a) purchase and use a seal;
253 (b) adopt rules for the administration of this chapter in accordance with Title 63,
254 Chapter 46a, Utah Administrative Rulemaking Act;
255 (c) prepare all forms of contracts between sponsors, licensees, promoters, and
256 contestants; and
257 (d) hold hearings relating to matters under its jurisdiction, including violations of this
258 chapter or rules made under this chapter.
259 (2) The commission may subpoena witnesses, take evidence, and require the
260 production of books, papers, documents, records, contracts, recordings, tapes, correspondence,
261 or other information relevant to an investigation if the commission or the commission's
262 designee considers it necessary.
263 Section 5. Section 9-16-203 is enacted to read:
264 9-16-203. Commission secretary.
265 (1) The commission shall employ a secretary to conduct the commission's business,
266 who must not be a member of the commission.
267 (2) The secretary serves at the pleasure of the commission.
268 Section 6. Section 9-16-204 is enacted to read:
269 9-16-204. Inspectors.
270 (1) (a) The commission may appoint one or more official representatives to be
271 designated as inspectors.
272 (b) An inspector serves at the pleasure of the commission.
273 (2) An inspector may not act as an inspector before receiving from the commission a

274 card authorizing that inspector to act as an inspector for the commission.
275 (3) An inspector may not promote or sponsor any contest.
276 (4) Each inspector is entitled to receive a fee approved by the commission for the
277 performance of duties under this chapter.
278 Section 7. Section 9-16-205 is enacted to read:
279 9-16-205. Affiliation with other commissions.
280 The commission may affiliate with any other state or national boxing commission or
281 athletic authority.
282 Section 8. Section 9-16-301 is enacted to read:
283 Part 3. Licensing
284 9-16-301. Licenses.
285 (1) A license is required for a person to act as or to represent that the person is a:
286 (a) promoter;
287 (b) manager;
288 (c) contestant;
289 (d) second;
290 (e) referee; or
291 (f) judge.
292 (2) The commission shall issue to a person who qualifies under this chapter a license in
293 the classifications of:
294 (a) promoter;
295 (b) manager;
296 (c) contestant;
297 (d) second;
298 (e) referee; or
299 (f) judge.
300 (3) All moneys collected pursuant to this section and Sections 9-16-304 , 9-16-403 , and
301 9-16-503 shall be deposited in the General Fund.
302 (4) Each applicant for licensure as a promoter shall:
303 (a) submit an application in a form prescribed by the commission;
304 (b) pay the fee determined by the commission under Section 63-38-3.2 ;

305 (c) provide to the commission evidence of financial responsibility, which shall include
306 financial statements and other information that the commission may reasonably require to
307 determine that the applicant or licensee is able to competently perform as and meet the
308 obligations of a promoter in this state;
309 (d) produce information, documentation, and assurances as may be required by the
310 commission that the applicant:
311 (i) has not been convicted in any jurisdiction of a crime that the commission
312 determines because of the nature of the crime and circumstances surrounding the crime should
313 disqualify the applicant from licensure in the public interest;
314 (ii) is not engaging in illegal gambling with respect to sporting events or gambling with
315 respect to the promotions the applicant is promoting;
316 (iii) has not been found in a criminal or civil proceeding to have engaged in or
317 attempted to engage in any fraud or misrepresentation in connection with a contest or any other
318 sporting event; and
319 (iv) has not been found in a criminal or civil proceeding to have violated or attempted
320 to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
321 to the regulation of contests in this state or any other jurisdiction;
322 (e) acknowledge in writing to the commission receipt, understanding, and intent to
323 comply with this chapter and the rules made under this chapter; and
324 (f) if requested by the commission or the secretary, meet with the commission or the
325 secretary to examine the applicant's qualifications for licensure.
326 (5) Each applicant for licensure as a contestant shall:
327 (a) be not less than 18 years of age at the time the application is submitted to the
328 commission;
329 (b) submit an application in a form prescribed by the commission;
330 (c) pay the fee established by the commission under Section 63-38-3.2 ;
331 (d) provide a certificate of physical examination, dated not more than 60 days before
332 the date of application for license:
333 (i) in a form provided by the commission; and
334 (ii) completed by a licensed physician certifying that the applicant is free from any
335 physical or mental condition indicating that the applicant should not engage in activity as a

336 contestant;
337 (e) provide the commission with an accurate history of all contests in which the
338 applicant has engaged since becoming a contestant, including:
339 (i) whether the applicant won or lost each contest; and
340 (ii) identifying any contest in which there was a knockout or technical knockout;
341 (f) produce information, documentation, and assurances as may be required by the
342 commission that the applicant:
343 (i) has not been convicted in any jurisdiction of a crime that the commission
344 determines because of the nature of the crime and circumstances surrounding that crime should
345 disqualify the applicant from licensure in the public interest;
346 (ii) is not engaging in illegal gambling with respect to sporting events or gambling with
347 respect to a contest in which the applicant will participate;
348 (iii) has not been found in a criminal or civil proceeding to have engaged in or
349 attempted to have engaged in any fraud or misrepresentation in connection with a contest or
350 any other sporting event; and
351 (iv) has not been found in a criminal or civil proceeding to have violated or attempted
352 to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
353 to the regulation of contests in this state or any other jurisdiction;
354 (g) acknowledge in writing to the commission receipt, understanding, and intent to
355 comply with this chapter and the rules made under this chapter; and
356 (h) if requested by the commission or the secretary, meet with the commission or the
357 secretary to examine the applicant's qualifications for licensure.
358 (6) Each applicant for licensure as a manager or second shall:
359 (a) submit an application in a form prescribed by the commission;
360 (b) pay a fee determined by the commission under Section 63-38-3.2 ;
361 (c) produce information, documentation, and assurances as may be required by the
362 commission that the applicant:
363 (i) has not been convicted in any jurisdiction of a crime that the commission
364 determines because of the nature of the crime and circumstances surrounding that crime should
365 disqualify the applicant from licensure in the public interest;
366 (ii) is not engaging in illegal gambling with respect to sporting events or gambling with

367 respect to a contest in which the applicant is participating;
368 (iii) has not been found in a criminal or civil proceeding to have engaged in or
369 attempted to have engaged in any fraud or misrepresentation in connection with a contest or
370 any other sporting event; and
371 (iv) has not been found in a criminal or civil proceeding to have violated or attempted
372 to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
373 to the regulation of a contest in this state or any other jurisdiction;
374 (d) acknowledge in writing to the commission receipt, understanding, and intent to
375 comply with this chapter and the rules made under this chapter; and
376 (e) if requested by the commission or secretary, meet with the commission or the
377 secretary to examine the applicant's qualifications for licensure.
378 (7) Each applicant for licensure as a referee or judge shall:
379 (a) submit an application in a form prescribed by the commission;
380 (b) pay a fee determined by the commission under Section 63-38-3.2 ;
381 (c) produce information, documentation, and assurances as may be required by the
382 commission that the applicant:
383 (i) has not been convicted in any jurisdiction of a crime that the commission
384 determines because of the nature of the crime and circumstances surrounding the crime should
385 disqualify the applicant from licensure in the public interest;
386 (ii) is not engaging in illegal gambling with respect to sporting events or gambling with
387 respect to a contest in which the applicant is participating;
388 (iii) has not been found in a criminal or civil proceeding to have engaged in or
389 attempted to have engaged in any fraud or misrepresentation in connection with a contest or
390 any other sporting event; and
391 (iv) has not been found in a criminal or civil proceeding to have violated or attempted
392 to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating
393 to the regulation of a contest in this state or any other jurisdiction;
394 (d) acknowledge in writing to the commission receipt, understanding, and intent to
395 comply with this chapter and the rules made under this chapter;
396 (e) provide evidence satisfactory to the commission that the applicant is qualified by
397 training and experience to competently act as a referee or judge in a contest; and

398 (f) if requested by the commission or the secretary, meet with the commission or the
399 secretary to examine the applicant's qualifications for licensure.
400 (8) (a) A licensee serves at the pleasure, and under the direction, of the commission
401 while participating in any way at a contest.
402 (b) A licensee's license may be suspended, or a fine imposed, if the licensee does not
403 follow the commission's direction at an event or contest.
404 Section 9. Section 9-16-302 is enacted to read:
405 9-16-302. Term of license -- Expiration -- Renewal.
406 (1) (a) The commission shall issue each license under this chapter in accordance with a
407 two-year renewal cycle established by rule.
408 (b) The commission may by rule extend or shorten a renewal period by as much as one
409 year to stagger the renewal cycles it administers.
410 (2) At the time of renewal, the licensee shall show satisfactory evidence of compliance
411 with renewal requirements established by rule by the commission.
412 (3) Each license automatically expires on the expiration date shown on the license
413 unless the licensee renews it in accordance with the rules established by the commission.
414 Section 10. Section 9-16-303 is enacted to read:
415 9-16-303. Denial of license -- Discipline -- Reinstatement.
416 (1) The commission shall refuse to issue a license to an applicant and shall refuse to
417 renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of
418 a licensee who does not meet the qualifications for licensure under this chapter.
419 (2) The commission may refuse to issue a license to an applicant and may refuse to
420 renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand
421 to, or otherwise act upon the license of any licensee in any of the following cases:
422 (a) the applicant or licensee has engaged in unlawful or unprofessional conduct, as
423 defined by statute or rule under this chapter;
424 (b) the applicant or licensee has been determined to be mentally incompetent for any
425 reason by a court of competent jurisdiction; or
426 (c) the applicant or licensee is unable to practice the occupation or profession with
427 reasonable skill and safety because of:
428 (i) illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type

429 of material; or
430 (ii) any other mental or physical condition, if the licensee's condition demonstrates a
431 threat or potential threat to the public health, safety, or welfare.
432 (3) Any licensee whose license under this chapter has been suspended, revoked, or
433 restricted may apply for reinstatement of the license at reasonable intervals and upon
434 compliance with any conditions imposed upon the licensee by statute, rule, or terms of the
435 license suspension, revocation, or restriction.
436 (4) The commission may issue cease and desist orders:
437 (a) to a licensee or applicant who may be disciplined under Subsection (1) or (2); and
438 (b) to any person who otherwise violates this chapter or any rules adopted under this
439 chapter.
440 (5) (a) The commission may impose an administrative fine for acts of unprofessional or
441 unlawful conduct under this chapter.
442 (b) An administrative fine under this Subsection (5) may not exceed $2,500 for each
443 separate act of unprofessional or unlawful conduct.
444 (c) The commission shall comply with Title 63, Chapter 46b, Administrative
445 Procedures Act, in any action to impose an administrative fine under this chapter.
446 (d) The imposition of a fine under this Subsection (5) does not affect any other action
447 the commission may take concerning a license issued under this chapter.
448 (6) (a) The commission may not take disciplinary action against any person for
449 unlawful or unprofessional conduct under this title, unless the commission initiates an
450 adjudicative proceeding regarding the conduct within four years after the conduct is reported to
451 the commission, except under Subsection (6)(b).
452 (b) The commission may not take disciplinary action against any person for unlawful
453 or unprofessional conduct more than ten years after the occurrence of the conduct, unless the
454 proceeding is in response to a civil or criminal judgment or settlement and the proceeding is
455 initiated within one year following the judgment or settlement.
456 (7) (a) Notwithstanding Title 63, Chapter 46b, Administrative Procedures Act, the
457 following have the authority to immediately suspend the license of a licensee at such time and
458 for such period that the following believes is necessary to protect the health, safety, and welfare
459 of the licensee, another licensee, or the public:

460 (i) the commission;
461 (ii) a designated commission member; or
462 (iii) if a designated commission member is not present, the secretary.
463 (b) The commission shall establish by rule appropriate procedures to invoke a
464 suspension under Subsection (7)(a) and to provide a suspended licensee a right to a hearing
465 before the commission with respect to the suspension within a reasonable time after the
466 suspension.
467 Section 11. Section 9-16-304 is enacted to read:
468 9-16-304. License fee -- Exemption.
469 (1) In addition to the payment of any other fees and money due under this chapter,
470 every promoter shall pay a license fee of:
471 (a) $200 for a contest or event occurring in a venue of 500 seats or fewer; or
472 (b) $500 for a contest or event occurring in a venue of more than 500 seats.
473 (2) One-half of license fees collected under Subsection (1)(a) from professional boxing
474 contests or exhibitions shall be deposited in the General Fund as a dedicated credit to be used
475 by the commission to award grants to organizations that promote amateur boxing in the state.
476 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
477 commission shall adopt rules:
478 (a) governing the manner in which applications for grants under Subsection (3) may be
479 submitted to the commission; and
480 (b) establishing standards for awarding grants under Subsection (3) to organizations
481 that promote amateur boxing in the state.
482 (4) (a) For the purpose of creating a greater interest in contests in the state, the
483 commission may exempt from the payment of license fees under this section one contest or
484 exhibition in each calendar year, intended as a showcase event.
485 (b) The commission shall select the contest or exhibition to be exempted based on
486 factors established by rule, including:
487 (i) attraction of the optimum number of spectators;
488 (ii) costs of promoting and producing the contest or exhibition;
489 (iii) ticket pricing;
490 (iv) committed promotions and advertising of the contest or exhibition;

491 (v) rankings and quality of the contestants; and
492 (vi) committed television and other media coverage of the contest or exhibition.
493 Section 12. Section 9-16-305 is enacted to read:
494 9-16-305. Transition of licenses.
495 (1) A license that was issued by the Pete Suazo Utah Athletic Commission under Title
496 13, Chapter 33, Pete Suazo Utah Athletic Commission, before July 1, 2007:
497 (a) is considered a valid license under this chapter until the expiration date indicated on
498 the license;
499 (b) is subject to the provisions of this chapter, including provisions relating to
500 disciplinary action against the license; and
501 (c) may not be renewed under Title 13, Chapter 33, Pete Suazo Utah Athletic
502 Commission.
503 (2) Upon the expiration of a license described in Subsection (1), a person desiring to
504 continue licensure in the profession shall meet the same requirements as those required for new
505 licensure under Section 9-16-301 .
506 Section 13. Section 9-16-401 is enacted to read:
507 Part 4. Contests
508 9-16-401. Commission jurisdiction over contest.
509 (1) (a) The commission has the sole direction, management, control, and jurisdiction
510 over all contests or exhibitions of unarmed combat within this state.
511 (b) A contest or exhibition may not be conducted within this state except in accordance
512 with this chapter.
513 (2) Any contest involving a form of unarmed self-defense must be conducted pursuant
514 to rules for that form that are approved by the commission before the contest is conducted.
515 (3) (a) An area not less than six feet from the perimeter of the ring shall be reserved for
516 the use of:
517 (i) the designated commission member;
518 (ii) other commission members in attendance;
519 (iii) the secretary;
520 (iv) any commission employee;
521 (v) the referee;

522 (vi) a licensee participating or assisting in the contest; and
523 (vii) any other person granted credentials by the commission.
524 (b) The promoter shall provide security at the direction of the commission or
525 designated commission member to secure the area described in Subsection (3)(a).
526 (4) The area described in Subsection (3), area in the dressing rooms, and other areas
527 considered necessary by the designated commission member for the safety and welfare of a
528 licensee and the public shall be reserved for the use of:
529 (a) the designated commission member;
530 (b) other commission members in attendance;
531 (c) the secretary;
532 (d) any commission employee;
533 (e) the referee;
534 (f) a licensee participating or assisting in the contest; and
535 (g) any other person granted credentials by the commission.
536 (5) The promoter shall provide security at the direction of the commission or
537 designated commission member to secure the areas described in Subsections (3) and (4).
538 (6) (a) The designated commission member may direct the removal from the contest
539 venue and premises, of any person whose actions:
540 (i) are disruptive to the safe conduct of the contest; or
541 (ii) pose a danger to the safety and welfare of the licensees, the commission, or the
542 public.
543 (b) The promoter shall provide security at the direction of the commission or
544 designated commission member to remove a person under Subsection (6)(a).
545 Section 14. Section 9-16-402 is enacted to read:
546 9-16-402. Club fighting prohibited.
547 (1) Club fighting is prohibited.
548 (2) Any person who publicizes, promotes, conducts, or engages in a club fighting
549 match is:
550 (a) guilty of a class A misdemeanor as provided in Section 76-9-705 ; and
551 (b) subject to license revocation under this chapter.
552 Section 15. Section 9-16-403 is enacted to read:

553 9-16-403. Contest application -- Fee -- Requirements.
554 (1) An application to hold a contest or multiple contests as part of a single promotion
555 shall be made by a licensed promoter to the commission on forms provided by the commission.
556 (2) The application shall be accompanied by a contest fee determined by the
557 department under Section 63-38-3.2 .
558 (3) (a) The commission may approve, provisionally approve, or deny approval to hold
559 a contest or promotion permitted under this chapter.
560 (b) Provisional approval under Subsection (3)(a) shall be granted upon a determination
561 by the commission that:
562 (i) the promoter of the contest or promotion is properly licensed;
563 (ii) a bond meeting the requirements of Subsection (5) has been posted by the promoter
564 of the contest or promotion; and
565 (iii) the contest or promotion will be held in accordance with this chapter and rules
566 made under this chapter.
567 (4) Final approval to hold a contest or promotion may not be granted unless the
568 commission receives, not less than seven days before the day of a contest with ten or more
569 rounds:
570 (a) proof of a negative result from an HIV test performed on each contestant not more
571 than 180 days before the day of the contest;
572 (b) a copy of each contestant's federal identification card;
573 (c) a copy of a signed contract between each contestant and the promoter for the
574 contest;
575 (d) a statement specifying the maximum number of rounds of the contest;
576 (e) a statement specifying the site, date, and time of weigh-in; and
577 (f) the name of the physician selected from among a list of registered and
578 commission-approved ringside physicians who shall act as ringside physician for the contest.
579 (5) Final approval for a contest under ten rounds in duration may be granted as
580 determined by the commission after receiving the materials identified in Subsection (4) at a
581 time determined by the commission.
582 (6) An applicant shall post a surety bond or cashier's check with the commission in the
583 greater of $10,000 or the amount of the purse, providing for forfeiture and disbursement of the

584 proceeds if the applicant fails to comply with:
585 (a) the requirements of this chapter; or
586 (b) rules made under this chapter relating to the promotion or conduct of the contest or
587 promotion.
588 Section 16. Section 9-16-404 is enacted to read:
589 9-16-404. Contest rules.
590 (1) The commission shall adopt rules in accordance with the provisions of Title 63,
591 Chapter 46a, Utah Administrative Rulemaking Act, for the conduct of contests in the state.
592 (2) The rules shall include:
593 (a) authority for:
594 (i) stopping contests; and
595 (ii) impounding purses with respect to contests when there is a question with respect to
596 the contest, contestants, or any other licensee associated with the contest; and
597 (b) reasonable and necessary provisions to ensure that all obligations of a promoter
598 with respect to any promotion or contest are paid in accordance with agreements made by the
599 promoter.
600 (3) (a) The commission may, in its discretion, exempt a contest and each contestant
601 from the definition of unprofessional conduct found in Subsection 9-16-102 (25)(f) after:
602 (i) a promoter requests the exemption; and
603 (ii) the commission considers relevant factors, including:
604 (A) the experience of the contestants;
605 (B) the win and loss records of each contestant;
606 (C) each contestant's level of training; and
607 (D) any other evidence relevant to the contestants' professionalism and the ability to
608 safely conduct the contest.
609 (b) The commission's hearing of a request for an exemption under this Subsection (3)
610 is an informal adjudicative proceeding under Section 63-46b-4 .
611 (c) The commission's decision to grant or deny a request for an exemption under this
612 Subsection (3) is not subject to agency review under Section 63-46b-12 .
613 Section 17. Section 9-16-405 is enacted to read:
614 9-16-405. Rules -- Medical examinations and drug tests.

615 (1) The commission shall adopt rules in accordance with Title 63, Chapter 46a, Utah
616 Administrative Rulemaking Act, for medical examinations and drug testing of contestants
617 including:
618 (a) provisions under which a contestant shall produce evidence based upon competent
619 laboratory examination that the contestant is HIV negative as a condition of participating as a
620 contestant in any contest;
621 (b) provisions under which a contestant is subject to random drug testing before or
622 after participation in a contest, and sanctions, including barring participation in a contest or
623 withholding a percentage of any purse, that shall be placed against a contestant testing positive
624 for alcohol or any other drug that in the opinion of the commission is inconsistent with the safe
625 and competent participation of that contestant in a contest;
626 (c) provisions under which a contestant is subject to a medical examination by the
627 ringside physician not more than 30 hours before the contest to identify any physical ailment or
628 communicable disease that, in the opinion of the commission or designated commission
629 member, is inconsistent with the safe and competent participation of that contestant in the
630 contest; and
631 (d) provisions under which a contestant is subject to medical testing for communicable
632 diseases as considered necessary by the commission to protect the health, safety, and welfare of
633 the licensees and the public.
634 (2) (a) Medical information concerning a contestant shall be provided by the contestant
635 or medical professional or laboratory.
636 (b) A promoter or manager may not receive from, or provide to, the commission
637 medical information concerning a contestant.
638 Section 18. Section 9-16-406 is enacted to read:
639 9-16-406. Ringside physician.
640 (1) The commission shall maintain a list of ringside physicians registered with the
641 commission as approved to act as a ringside physician and meeting the requirements of
642 Subsection (2).
643 (2) (a) The commission shall appoint a registered ringside physician to perform the
644 duties of a ringside physician at each contest held pursuant to this chapter.
645 (b) The promoter of a contest shall pay the ringside physician's fee.

646 (3) An applicant for registration as a ringside physician shall:
647 (a) submit an application for registration;
648 (b) pay a fee determined by the commission under Section 63-38-3.2 ;
649 (c) provide the commission with evidence of the applicant's licensure to practice
650 medicine in the state; and
651 (d) satisfy minimum qualifications established by the department by rule.
652 (4) A ringside physician at attendance at a contest may stop the contest at any point if
653 the ringside physician determines that a contestant's physical condition renders the contestant
654 unable to safely continue the contest.
655 Section 19. Section 9-16-407 is enacted to read:
656 9-16-407. Contest weights and classes -- Matching contestants.
657 (1) Boxing contest weights and classes are established as follows:
658 (a) strawweight is up to and including 105 lbs. (47.627 kgs.);
659 (b) light flyweight is over 105 lbs. (47.627 kgs.) to 108 lbs. (48.988 kgs.);
660 (c) flyweight is over 108 lbs. (48.988 kgs.) to 112 lbs. (50.802 kgs.);
661 (d) super flyweight is over 112 lbs. (50.802 kgs.) to 115 lbs. (52.163 kgs.);
662 (e) bantamweight is over 115 lbs. (52.163 kgs.) to 118 lbs. (53.524 kgs.);
663 (f) super bantamweight is over 118 lbs. (53.524 kgs.) to 122 lbs. (55.338 kgs.);
664 (g) featherweight is over 122 lbs. (55.338 kgs.) to 126 lbs. (57.153 kgs.);
665 (h) super featherweight is over 126 lbs. (57.153 kgs.) to 130 lbs. (58.967 kgs.);
666 (i) lightweight is over 130 lbs. (58.967 kgs.) to 135 lbs. (61.235 kgs.);
667 (j) super lightweight is over 135 lbs. (61.235 kgs.) to 140 lbs. (63.503 kgs.);
668 (k) welterweight is over 140 lbs. (63.503 kgs.) to 147 lbs. (66.678 kgs.);
669 (l) super welterweight is over 147 lbs. (66.678 kgs.) to 154 lbs. (69.853 kgs.);
670 (m) middleweight is over 154 lbs. (69.853 kgs.) to 160 lbs. (72.574 kgs.);
671 (n) super middleweight is over 160 lbs. (72.574 kgs.) to 168 lbs. (76.204 kgs.);
672 (o) light heavyweight is over 168 lbs. (76.204 kgs.) to 175 lbs. (79.378 kgs.);
673 (p) cruiserweight is over 175 lbs. (79.378 kgs.) to 200 lbs. (90.720 kgs.); and
674 (q) heavyweight is over 200 lbs. (90.720 kgs.).
675 (2) Contest weights and classes for unarmed combat that is not boxing are established
676 as follows:

677 (a) flyweight is up to and including 125 lbs. (56.82 kgs.);
678 (b) bantamweight is over 125 lbs. (56.82 kgs.) to 135 lbs. (61.36 kgs.);
679 (c) featherweight is over 135 lbs. (61.36 kgs.) to 145 lbs. (65.91 kgs.);
680 (d) lightweight is over 145 lbs. (65.91 kgs.) to 155 lbs. (70.45 kgs.);
681 (e) welterweight is over 155 lbs. (70.45 kgs.) to 170 lbs. (77.27 kgs.);
682 (f) middleweight is over 170 lbs. (77.27 kgs.) to 185 lbs. (84.09 kgs.);
683 (g) light heavyweight is over 185 lbs. (84.09 kgs.) to 205 lbs. (93.18 kgs.);
684 (h) heavyweight is over 205 lbs. (93.18 kgs.) to 265 lbs. (120.45 kgs.); and
685 (i) super heavyweight is over 265 lbs. (120.45 kgs.).
686 (3) As to any unarmed combat contest, a contestant may not fight another contestant
687 who is outside of the contestant's weight classification.
688 (4) As to any unarmed combat contest:
689 (a) a contestant who has contracted to participate in a given weight class may not be
690 permitted to compete if the contestant is not within that weight class at the weigh-in;
691 (b) a contestant may have two hours to attempt to gain or lose not more than three
692 pounds in order to be reweighed; and
693 (c) a contestant may contract to participate in a contest within a smaller weight range if
694 the contracted weight range is within a contest weight and class identified in Subsections (1)
695 and (2).
696 (5) (a) As to any unarmed combat contest, the commission may not allow a contest in
697 which the contestants are not fairly matched.
698 (b) Factors in determining if contestants are fairly matched include:
699 (i) the win-loss record of the contestants;
700 (ii) the weight differential between the contestants;
701 (iii) the caliber of opponents for each contestant;
702 (iv) each contestant's number of fights; and
703 (v) previous suspensions or disciplinary actions of the contestants.
704 Section 20. Section 9-16-408 is enacted to read:
705 9-16-408. Contests -- Frequency -- Security -- Fee.
706 (1) Except as provided in Section 9-16-409 , a licensee may not participate in:
707 (a) a boxing contest as a contestant if that person has participated in another boxing

708 contest as a contestant within 30 days before the proposed boxing contest; or
709 (b) an ultimate fighting contest as a contestant if that person has participated in another
710 ultimate fighting contest as a contestant within six days before the proposed ultimate fighting
711 contest.
712 (2) Subsection (1) applies regardless of where the previous boxing contest occurred.
713 (3) During the period of time beginning 60 minutes before the beginning of a contest,
714 the promoter shall demonstrate the promoter's compliance with the commission's security
715 requirements to all commission members present at the contest.
716 (4) The commission shall establish fees in accordance with Section 63-38-3.2 to be
717 paid by a promoter for the conduct of each contest or event composed of multiple contests
718 conducted under this chapter.
719 Section 21. Section 9-16-409 is enacted to read:
720 9-16-409. Elimination boxing contest -- Duration of contest -- Equipment.
721 (1) An elimination boxing contest shall be conducted under the supervision and
722 authority of the commission.
723 (2) Except as otherwise provided in this section or by other specific statute, the
724 provisions of this chapter pertaining to boxing apply to an elimination boxing contest.
725 (3) (a) All contests in an elimination boxing contest shall be no more than three rounds
726 in duration.
727 (b) A round of unarmed combat in an elimination boxing contest shall be no more than
728 one minute in duration.
729 (c) A period of rest following a round shall be no more than one minute in duration.
730 (4) A contestant:
731 (a) shall wear gloves that weigh 16 ounces; and
732 (b) shall wear headgear approved by the commission, the designated commission
733 member, or the secretary if a designated commission member is not present.
734 (5) A contestant may participate in more than one contest, but may not box more than a
735 total of seven rounds in the entire tournament.
736 Section 22. Section 9-16-501 is enacted to read:
737 Part 5. Miscellaneous
738 9-16-501. Contest contract -- Commission approval.

739 (1) Before a contest is held, a copy of the signed contract or agreement between the
740 promoter of the contest and each contestant shall be filed with the commission.
741 (2) Approval of the contract's terms and conditions shall be obtained from the
742 commission before the contest.
743 Section 23. Section 9-16-502 is enacted to read:
744 9-16-502. Withholding of purse.
745 (1) The commission, the secretary, or any other agent authorized by the commission
746 may order a promoter to withhold any part of a purse or other money belonging or payable to
747 any contestant, manager, or second if, in the judgment of the commission, secretary, or other
748 agent:
749 (a) the contestant is not competing honestly or to the best of the contestant's skill and
750 ability;
751 (b) the contestant otherwise violates any rules adopted by the commission or any of the
752 provisions of this chapter; or
753 (c) the manager or second violates any rules adopted by the commission or any of the
754 provisions of this chapter.
755 (2) This section does not apply to any contestant in a simulated combat exhibition who
756 appears not to be competing honestly or to the best of the contestant's skill and ability.
757 (3) Upon the withholding of any part of a purse or other money pursuant to this section,
758 the commission shall conduct a hearing on the matter in accordance with Title 63, Chapter 46b,
759 Administrative Procedures Act.
760 (4) If it is determined that a contestant, manager, or second is not entitled to any part of
761 a share of the purse or other money, the promoter shall pay the money over to the commission.
762 Section 24. Section 9-16-503 is enacted to read:
763 9-16-503. Penalty for unlawful conduct.
764 A person who engages in unlawful conduct, as defined in Section 9-16-102 , is guilty of
765 a class A misdemeanor.
766 Section 25. Section 9-16-504 is enacted to read:
767 9-16-504. Exemptions.
768 This chapter does not apply to:
769 (1) any amateur contest or exhibition of unarmed combat conducted by or participated

770 in exclusively by:
771 (a) a school accredited by the Utah Board of Education;
772 (b) a college or university accredited by the United States Department of Education; or
773 (c) any association or organization of a school, college, or university described in
774 Subsections (1)(a) and (b), when each participant in the contest or exhibition is a bona fide
775 student in the school, college, or university;
776 (2) any contest or exhibition of unarmed combat conducted in accordance with the
777 standards and regulations of USA Boxing, Inc; or
778 (3) a white-collar boxing contest.
779 Section 26. Section 9-16-505 is enacted to read:
780 9-16-505. Commission rulemaking.
781 The commission may make rules governing the conduct of a contest held under this
782 chapter to protect the health and safety of licensees and members of the public.
783 Section 27. Repealer.
784 This bill repeals:
785 Section 13-33-101, Title.
786 Section 13-33-102, Definitions.
787 Section 13-33-201, Commission -- Creation -- Appointments -- Terms -- Expenses
788 -- Quorum.
789 Section 13-33-202, Commission powers and duties.
790 Section 13-33-203, Commission secretary.
791 Section 13-33-204, Inspectors.
792 Section 13-33-205, Affiliation with other commissions.
793 Section 13-33-301, Licensing.
794 Section 13-33-302, Term of license -- Expiration -- Renewal.
795 Section 13-33-303, Grounds for denial of license -- Disciplinary proceedings --
796 Reinstatement.
797 Section 13-33-304, Additional fees for license of promoter -- Dedicated credits --
798 Promotion of contests -- Annual exemption of showcase event.
799 Section 13-33-305, Transition of licenses.
800 Section 13-33-401, Jurisdiction of commission.

801 Section 13-33-402, Club fighting prohibited.
802 Section 13-33-403, Approval to hold contest or promotion -- Bond required.
803 Section 13-33-404, Rules for the conduct of contests.
804 Section 13-33-405, Medical examinations and drug tests.
805 Section 13-33-406, Contests.
806 Section 13-33-502, Reports to commission.
807 Section 13-33-503, Contracts.
808 Section 13-33-504, Withholding of purse.
809 Section 13-33-505, Penalty for unlawful conduct.
810 Section 13-33-506, Exemptions.
811 Section 13-33-507, Contest weights and classes -- Matching contestants.
812 Section 13-33-508, Elimination boxing contests -- Conduct of contests --
813 Applicability of provisions -- Limitations on license -- Duration of contests -- Equipment
814 -- Limitations on contests.
815 Section 28. Effective date.
816 This bill takes effect on July 1, 2007.
817 Section 29. Coordinating H.B. 254 with S.B. 167 -- Substantive and technical
818 changes.
819 If this H.B. 254 and S.B. 167, Utah Sports Authority, both pass, it is the intent of the
820 Legislature that:
821 (1) Sections 63C-11-301 through Section 63C-11-325 in S.B. 167 do not take effect;
822 and
823 (2) the Office of Legislative Research and General Counsel, in preparing the Utah
824 Code database for publication:
825 (a) renumber Sections 9-16-101 through Section 9-16-505 in this H.B. 254
826 consecutively as Sections 63C-11-301 through 63C-11-326 ;
827 (b) replace the reference to "chapter" in Section 9-16-102 , which is renumbered to
828 63C-11-302 , with "part";
829 (c) change all internal cross-references in Sections 9-16-101 through Section 9-16-505 ,
830 which are renumbered to Sections 63C-11-301 through 63C-11-326 , to reflect the renumbering
831 under Subsection (2)(a);

832 (d) replace the reference in Section 9-16-201 , which is renumbered to 63C-11-303 , to
833 "Department of Community and Culture" with "Utah Sports Authority"; and
834 (e) replace the references to "the department" in Section 9-16-403 , which is
835 renumbered to 63C-11-315 and Section 9-16-406 , which is renumbered to 63C-11-318 , with
836 "the commission".