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Second Substitute H.B. 400
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8 LONG TITLE
9 General Description:
10 This bill makes changes to the Pete Suazo Utah Athletic Commission and eliminates
11 the Utah Sports Authority.
12 Highlighted Provisions:
13 This bill:
14 . eliminates the Utah Sports Authority;
15 . removes a provision limiting the number of terms a commissioner may serve;
16 . eliminates the position of secretary of the commission and creates the position of
17 director;
18 . allows the commission to affiliate with a tribal boxing commission or athletic
19 authority;
20 . addresses the licensing of licensees and provides for the commission to make rules
21 concerning license requirements;
22 . allows the commission to establish classifications of officials by rule;
23 . removes a provision requiring a licensee to provide a history of the person's
24 matches;
25 . makes certain monies nonlapsing;
26 . allows the commission to establish license renewal intervals by rule;
27 . addresses the denial of a license;
28 . removes a provision for the transition of license from the Department of Commerce;
29 . allows the commission to establish fees by rule;
30 . allows the commission to establish weight classes by rule;
31 . allows the commission to permit a contestant to fight another contestant from a
32 different weight class;
33 . allows the commission to establish wait times between contest by rule;
34 . addresses elimination unarmed combat contests; and
35 . makes technical changes.
36 Monies Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 This bill provides an effective date.
40 Utah Code Sections Affected:
41 AMENDS:
42 67-22-2, as last amended by Laws of Utah 2008, Chapter 86
43 ENACTS:
44 63C-11-203, Utah Code Annotated 1953
45 63C-11-204, Utah Code Annotated 1953
46 63C-11-205, Utah Code Annotated 1953
47 REPEALS AND REENACTS:
48 63C-11-101, as enacted by Laws of Utah 2007, Chapter 361
49 63C-11-102, as enacted by Laws of Utah 2007, Chapter 361
50 63C-11-201, as enacted by Laws of Utah 2007, Chapter 361
51 63C-11-202, as last amended by Laws of Utah 2008, Chapter 382
52 63C-11-301, as renumbered and amended by Laws of Utah 2007, Chapter 361
53 63C-11-302, as last amended by Laws of Utah 2008, Chapter 382
54 63C-11-303, as renumbered and amended by Laws of Utah 2007, Chapter 361
55 63C-11-304, as last amended by Laws of Utah 2008, Chapter 382
56 63C-11-305, as renumbered and amended by Laws of Utah 2007, Chapter 361
57 63C-11-306, as renumbered and amended by Laws of Utah 2007, Chapter 361
58 63C-11-307, as renumbered and amended by Laws of Utah 2007, Chapter 361
59 63C-11-308, as last amended by Laws of Utah 2008, Chapter 382
60 63C-11-309, as renumbered and amended by Laws of Utah 2007, Chapter 361
61 63C-11-310, as last amended by Laws of Utah 2008, Chapter 382
62 63C-11-311, as last amended by Laws of Utah 2008, Chapter 382
63 63C-11-312, as renumbered and amended by Laws of Utah 2007, Chapter 361
64 63C-11-313, as renumbered and amended by Laws of Utah 2007, Chapter 361
65 63C-11-314, as renumbered and amended by Laws of Utah 2007, Chapter 361
66 63C-11-315, as last amended by Laws of Utah 2008, Chapter 382
67 63C-11-316, as last amended by Laws of Utah 2008, Chapter 382
68 63C-11-317, as last amended by Laws of Utah 2008, Chapter 382
69 63C-11-318, as last amended by Laws of Utah 2008, Chapter 382
70 REPEALS:
71 63C-11-319, as enacted by Laws of Utah 2007, Chapter 361
72 63C-11-320, as renumbered and amended by Laws of Utah 2007, Chapter 361
73 63C-11-321, as renumbered and amended by Laws of Utah 2007, Chapter 361
74 63C-11-322, as renumbered and amended by Laws of Utah 2007, Chapter 361
75 63C-11-323, as renumbered and amended by Laws of Utah 2007, Chapter 361
76 63C-11-324, as renumbered and amended by Laws of Utah 2007, Chapter 361
77 63C-11-325, as renumbered and amended by Laws of Utah 2007, Chapter 361
78 63C-11-326, as enacted by Laws of Utah 2007, Chapter 361
79 Uncodified Material Affected:
80 ENACTS UNCODIFIED MATERIAL
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82 Be it enacted by the Legislature of the state of Utah:
83 Section 1. Section 63C-11-101 is repealed and reenacted to read:
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86 63C-11-101. Title.
87 This chapter is known as the "Pete Suazo Utah Athletic Commission Act."
88 Section 2. Section 63C-11-102 is repealed and reenacted to read:
89 63C-11-102. Definitions.
90 As used in this chapter:
91 (1) "Bodily injury" is as defined in Section 76-1-601 .
92 (2) "Boxing" means the sport of attack and defense using the fist, which is covered by
93 an approved boxing glove.
94 (3) (a) "Club fighting" means any contest of unarmed combat, whether admission is
95 charged or not, where:
96 (i) the rules of the contest are not approved by the commission;
97 (ii) a licensed physician or osteopath approved by the commission is not in attendance;
98 (iii) a correct HIV negative test regarding each contestant has not been provided to the
99 commission;
100 (iv) the contest is not conducted in accordance with commission rules; or
101 (v) the contestants are not matched by the weight standards established in accordance
102 with Section 63C-11-316 .
103 (b) "Club fighting" does not include sparring if:
104 (i) it is conducted for training purposes;
105 (ii) no tickets are sold to spectators;
106 (iii) no concessions are available for spectators;
107 (iv) protective clothing, including protective headgear, a mouthguard, and a protective
108 cup, is worn; and
109 (v) for boxing, 16 ounce boxing gloves are worn.
110 (4) "Commission" means the Pete Suazo Utah Athletic Commission created by this
111 chapter.
112 (5) "Contest" means a live match, performance, or exhibition involving two or more
113 persons engaged in unarmed combat.
114 (6) "Contestant" means an individual who participates in a contest.
115 (7) "Designated commission member" means a member of the commission designated
116 to:
117 (a) attend and supervise a particular contest; and
118 (b) act on the behalf of the commission at a contest venue.
119 (8) "Director" means the director appointed by the commission.
120 (9) "Elimination unarmed combat contest" means a contest where:
121 (a) a number of contestants participate in a tournament;
122 (b) the duration is not more than 48 hours; and
123 (c) the loser of each contest is eliminated from further competition.
124 (10) "Exhibition" means an engagement in which the participants show or display their
125 skills without necessarily striving to win.
126 (11) "Judge" means an individual qualified by training or experience to:
127 (a) rate the performance of contestants;
128 (b) score a contest; and
129 (c) determine with other judges whether there is a winner of the contest or whether the
130 contestants performed equally, resulting in a draw.
131 (12) "Licensee" means an individual licensed by the commission to act as a:
132 (a) contestant;
133 (b) judge;
134 (c) manager;
135 (d) promoter;
136 (e) referee;
137 (f) second; or
138 (g) other official established by the commission by rule.
139 (13) "Manager" means an individual who represents a contestant for the purpose of:
140 (a) obtaining a contest for a contestant;
141 (b) negotiating terms and conditions of the contract under which the contestant will
142 engage in a contest; or
143 (c) arranging for a second for the contestant at a contest.
144 (14) "Promoter" means a person who engages in producing or staging contests and
145 promotions.
146 (15) "Promotion" means a single contest or a combination of contests that:
147 (a) occur during the same time and at the same location; and
148 (b) is produced or staged by a promoter.
149 (16) "Purse" means any money, prize, remuneration, or any other valuable
150 consideration a contestant receives or may receive for participation in a contest.
151 (17) "Referee" means an individual qualified by training or experience to act as the
152 official attending a contest at the point of contact between contestants for the purpose of:
153 (a) enforcing the rules relating to the contest;
154 (b) stopping the contest in the event the health, safety, and welfare of a contestant or
155 any other person in attendance at the contest is in jeopardy; and
156 (c) acting as a judge if so designated by the commission.
157 (18) "Round" means one of a number of individual time periods that, taken together,
158 constitute a contest during which contestants are engaged in a form of unarmed combat.
159 (19) "Second" means an individual who attends a contestant at the site of the contest
160 before, during, and after the contest in accordance with contest rules.
161 (20) "Serious bodily injury" is as defined in Section 76-1-601 .
162 (21) "Total gross receipts" means the amount of the face value of all tickets sold to a
163 particular contest plus any sums received as consideration for holding the contest at a particular
164 location.
165 (22) "Ultimate fighting" means a live contest, whether or not an admission fee is
166 charged, in which:
167 (a) contest rules permit contestants to use a combination of boxing, kicking, wrestling,
168 hitting, punching, or other combative contact techniques;
169 (b) contest rules incorporate a formalized system of combative techniques against
170 which a contestant's performance is judged to determine the prevailing contestant;
171 (c) contest rules divide nonchampionship contests into three equal and specified rounds
172 of no more than five minutes per round with a rest period of one minute between each round;
173 (d) contest rules divide championship contests into five equal and specified rounds of
174 no more than five minutes per round with a rest period of one minute between each round; and
175 (e) contest rules prohibit contestants from:
176 (i) using anything that is not part of the human body, except for boxing gloves, to
177 intentionally inflict serious bodily injury upon an opponent through direct contact or the
178 expulsion of a projectile;
179 (ii) striking a person who demonstrates an inability to protect himself from the
180 advances of an opponent;
181 (iii) biting; or
182 (iv) direct, intentional, and forceful strikes to the eyes, groin area, Adam's apple area of
183 the neck, and the rear area of the head and neck.
184 (23) (a) "Unarmed combat" means boxing or any other form of competition in which a
185 blow is usually struck which may reasonably be expected to inflict bodily injury.
186 (b) "Unarmed combat" does not include a competition or exhibition between
187 participants in which the participants engage in simulated combat for entertainment purposes.
188 (24) "Unlawful conduct" means organizing, promoting, or participating in a contest
189 which involves contestants that are not licensed under this chapter.
190 (25) "Unprofessional conduct" means:
191 (a) entering into a contract for a contest in bad faith;
192 (b) participating in any sham or fake contest;
193 (c) participating in a contest pursuant to a collusive understanding or agreement in
194 which the contestant competes in or terminates the contest in a manner that is not based upon
195 honest competition or the honest exhibition of the skill of the contestant;
196 (d) engaging in an act or conduct that is detrimental to a contest, including any foul or
197 unsportsmanlike conduct in connection with a contest;
198 (e) failing to comply with any limitation, restriction, or condition placed on a license;
199 (f) striking of a downed opponent by a contestant while the contestant remains on the
200 contestant's feet, unless designated commission member or director has exempted the contest
201 and each contestant from the prohibition on striking a downed opponent before the start of the
202 contest;
203 (g) after entering the ring or contest area, penetrating an area within four feet of an
204 opponent by a contestant, manager, or second before the commencement of the contest; or
205 (h) as further defined by rules made by the commission under Title 63G, Chapter 3,
206 Utah Administrative Rulemaking Act.
207 (26) "White-collar contest" means a contest conducted at a training facility where no
208 alcohol is served in which:
209 (a) for boxing:
210 (i) neither contestant is or has been a licensed contestant in any state or an amateur
211 registered with USA Boxing, Inc.;
212 (ii) no cash prize, or other prize valued at greater than $35, is awarded;
213 (iii) protective clothing, including protective headgear, a mouthguard, a protective cup,
214 and for a female contestant a chestguard, is worn;
215 (iv) 16 ounce boxing gloves are worn;
216 (v) the contest is no longer than three rounds of no longer than three minutes each;
217 (vi) no winner or loser is declared or recorded; and
218 (vii) the contestants do not compete in a cage; and
219 (b) for ultimate fighting:
220 (i) neither contestant is or has been a licensed contestant in any state or an amateur
221 registered with USA Boxing, Inc.;
222 (ii) no cash prize, or other prize valued at greater than $35, is awarded;
223 (iii) protective clothing, including a protective mouthguard and a protective cup, is
224 worn;
225 (iv) downward elbow strikes are not allowed;
226 (v) a contestant is not allowed to stand and strike a downed opponent;
227 (vi) a closed-hand blow to the head is not allowed while either contestant is on the
228 ground;
229 (vii) the contest is no longer than three rounds of no longer than three minutes each;
230 and
231 (viii) no winner or loser is declared or recorded.
232 Section 3. Section 63C-11-201 is repealed and reenacted to read:
233
234 63C-11-201. Commission -- Creation -- Appointments -- Terms -- Expenses --
235 Quorum.
236 (1) There is created within the Governor's Office of Economic Development the Pete
237 Suazo Utah Athletic Commission consisting of five members.
238 (2) (a) The governor shall appoint three commission members.
239 (b) The president of the Senate and the speaker of the House of Representatives shall
240 each appoint one commission member.
241 (c) The commission members may not be licensees under this chapter.
242 (d) A member of the commission serving on June 30, 2009, shall continue as a member
243 of the commission until the expiration of the member's term then existing, or until the
244 expiration of any subsequent term to which the member is appointed.
245 (3) (a) Except as required by Subsection (3)(b), as terms of current members expire, the
246 governor, president, or speaker, respectively, shall appoint each new member or reappointed
247 member to a four-year term.
248 (b) The governor shall, at the time of appointment or reappointment, adjust the length
249 of the governor's appointees' terms to ensure that the terms of members are staggered so that
250 approximately half of the commission is appointed every two years.
251 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
252 appointed for the unexpired term.
253 (d) If a commission member fails or refuses to fulfill the responsibilities and duties of a
254 commission member, including the attendance at commission meetings, the governor,
255 president, or speaker, respectively, with the approval of the commission, may remove the
256 commission member and replace the member in accordance with this section.
257 (4) (a) A majority of the commission members constitutes a quorum.
258 (b) A majority of a quorum is sufficient authority for the commission to act.
259 (5) (a) (i) Members who are not government employees shall receive no compensation
260 or benefits for their services, but may receive per diem and expenses incurred in the
261 performance of the members' official duties at the rates established by the Division of Finance
262 under Sections 63A-3-106 and 63A-3-107 .
263 (ii) Members may decline to receive per diem and expenses for their service.
264 (b) (i) State government officer and employee members who do not receive salary, per
265 diem, or expenses from their agency for their service may receive per diem and expenses
266 incurred in the performance of their official duties at the rates established by the Division of
267 Finance under Sections 63A-3-106 and 63A-3-107 .
268 (ii) State government officer and employee members may decline to receive per diem
269 and expenses for their service.
270 (6) The commission shall annually designate one of its members to serve as chair for a
271 one-year period.
272 Section 4. Section 63C-11-202 is repealed and reenacted to read:
273 63C-11-202. Commission powers and duties.
274 (1) The commission shall:
275 (a) purchase and use a seal;
276 (b) adopt rules for the administration of this chapter in accordance with Title 63G,
277 Chapter 3, Utah Administrative Rulemaking Act;
278 (c) prepare all forms of contracts between sponsors, licensees, promoters, and
279 contestants; and
280 (d) hold hearings relating to matters under its jurisdiction, including violations of this
281 chapter or rules made under this chapter.
282 (2) The commission may subpoena witnesses, take evidence, and require the
283 production of books, papers, documents, records, contracts, recordings, tapes, correspondence,
284 or other information relevant to an investigation if the commission or its designee considers it
285 necessary.
286 Section 5. Section 63C-11-203 is enacted to read:
287 63C-11-203. Commission director.
288 (1) The commission shall employ a director, who may not be a member of the
289 commission, to conduct the commission's business.
290 (2) The director serves at the pleasure of the commission.
291 Section 6. Section 63C-11-204 is enacted to read:
292 63C-11-204. Inspectors.
293 (1) The commission may appoint one or more official representatives to be designated
294 as inspectors, who shall serve at the pleasure of the commission.
295 (2) Each inspector must receive from the commission a card authorizing that inspector
296 to act as an inspector for the commission.
297 (3) An inspector may not promote or sponsor any contest.
298 (4) Each inspector may receive a fee approved by the commission for the performance
299 of duties under this chapter.
300 Section 7. Section 63C-11-205 is enacted to read:
301 63C-11-205. Affiliation with other commissions.
302 The commission may affiliate with any other state, tribal, or national boxing
303 commission or athletic authority.
304 Section 8. Section 63C-11-301 is repealed and reenacted to read:
305
306 63C-11-301. Licensing.
307 (1) A license is required for a person to act as or to represent that the person is:
308 (a) a promoter;
309 (b) a manager;
310 (c) a contestant;
311 (d) a second;
312 (e) a referee;
313 (f) a judge; or
314 (g) another official established by the commission by rule.
315 (2) The commission shall issue to a person who qualifies under this chapter a license in
316 the classifications of:
317 (a) promoter;
318 (b) manager;
319 (c) contestant;
320 (d) second;
321 (e) referee;
322 (f) judge; or
323 (g) another official who meets the requirements established by rule under Subsection
324 (1)(g).
325 (3) (a) All monies collected pursuant to this section and Sections 63C-11-304 ,
326 63C-11-307 , 63C-11-310 , and 63C-11-313 shall be retained as dedicated credits to pay for
327 commission expenses.
328 (b) All monies available to the commission under Subsection (3)(a) to pay for
329 commission expenses are nonlapsing for fiscal year 2009-10 only.
330 (4) Each applicant for licensure as a promoter shall:
331 (a) submit an application in a form prescribed by the commission;
332 (b) pay the fee determined by the commission under Section 63J-1-303 ;
333 (c) provide to the commission evidence of financial responsibility, which shall include
334 financial statements and other information that the commission may reasonably require to
335 determine that the applicant or licensee is able to competently perform as and meet the
336 obligations of a promoter in this state;
337 (d) make assurances that the applicant:
338 (i) is not engaging in illegal gambling with respect to sporting events or gambling with
339 respect to the promotions the applicant is promoting;
340 (ii) has not been found in a criminal or civil proceeding to have engaged in or
341 attempted to engage in any fraud or misrepresentation in connection with a contest or any other
342 sporting event; and
343 (iii) has not been found in a criminal or civil proceeding to have violated or attempted
344 to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
345 to the regulation of contests in this state or any other jurisdiction;
346 (e) acknowledge in writing to the commission receipt, understanding, and intent to
347 comply with this chapter and the rules made under this chapter; and
348 (f) if requested by the commission or the director, meet with the commission or the
349 director to examine the applicant's qualifications for licensure.
350 (5) Each applicant for licensure as a contestant shall:
351 (a) be not less than 18 years of age at the time the application is submitted to the
352 commission;
353 (b) submit an application in a form prescribed by the commission;
354 (c) pay the fee established by the commission under Section 63J-1-303 ;
355 (d) provide a certificate of physical examination, dated not more than 60 days prior to
356 the date of application for licensure, in a form provided by the commission, completed by a
357 licensed physician and surgeon certifying that the applicant is free from any physical or mental
358 condition that indicates the applicant should not engage in activity as a contestant;
359 (e) make assurances that the applicant:
360 (i) is not engaging in illegal gambling with respect to sporting events or gambling with
361 respect to a contest in which the applicant will participate;
362 (ii) has not been found in a criminal or civil proceeding to have engaged in or
363 attempted to have engaged in any fraud or misrepresentation in connection with a contest or
364 any other sporting event; and
365 (iii) has not been found in a criminal or civil proceeding to have violated or attempted
366 to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating
367 to the regulation of contests in this state or any other jurisdiction;
368 (g) acknowledge in writing to the commission receipt, understanding, and intent to
369 comply with this chapter and the rules made under this chapter; and
370 (h) if requested by the commission or the director, meet with the commission or the
371 director to examine the applicant's qualifications for licensure.
372 (6) Each applicant for licensure as a manager or second shall:
373 (a) submit an application in a form prescribed by the commission;
374 (b) pay a fee determined by the commission under Section 63J-1-303 ;
375 (c) make assurances that the applicant:
376 (i) is not engaging in illegal gambling with respect to sporting events or gambling with
377 respect to a contest in which the applicant is participating;
378 (ii) has not been found in a criminal or civil proceeding to have engaged in or
379 attempted to have engaged in any fraud or misrepresentation in connection with a contest or
380 any other sporting event; and
381 (iii) has not been found in a criminal or civil proceeding to have violated or attempted
382 to violate any law with respect to a contest in any jurisdiction or any law, rule, or order relating
383 to the regulation of contests in this state or any other jurisdiction;
384 (d) acknowledge in writing to the commission receipt, understanding, and intent to
385 comply with this chapter and the rules made under this chapter; and
386 (e) if requested by the commission or director, meet with the commission or the
387 director to examine the applicant's qualifications for licensure.
388 (7) Each applicant for licensure as a referee or judge shall:
389 (a) submit an application in a form prescribed by the commission;
390 (b) pay a fee determined by the commission under Section 63J-1-303 ;
391 (c) make assurances that the applicant:
392 (i) is not engaging in illegal gambling with respect to sporting events or gambling with
393 respect to a contest in which the applicant is participating;
394 (ii) has not been found in a criminal or civil proceeding to have engaged in or
395 attempted to have engaged in any fraud or misrepresentation in connection with a contest or
396 any other sporting event; and
397 (iii) has not been found in a criminal or civil proceeding to have violated or attempted
398 to violate any law with respect to contests in any jurisdiction or any law, rule, or order relating
399 to the regulation of contests in this state or any other jurisdiction;
400 (d) acknowledge in writing to the commission receipt, understanding, and intent to
401 comply with this chapter and the rules made under this chapter;
402 (e) provide evidence satisfactory to the commission that the applicant is qualified by
403 training and experience to competently act as a referee or judge in a contest; and
404 (f) if requested by the commission or the director, meet with the commission or the
405 director to examine the applicant's qualifications for licensure.
406 (8) The commission may make rules concerning the requirements for a license under
407 this chapter, that deny a license to an applicant for the violation of a crime that, in the
408 commission's determination, would have a material affect on the integrity of a contest held
409 under this chapter.
410 (9) (a) A licensee serves at the pleasure, and under the direction, of the commission
411 while participating in any way at a contest.
412 (b) A licensee's license may be suspended, or a fine imposed, if the licensee does not
413 follow the commission's direction at an event or contest.
414 Section 9. Section 63C-11-302 is repealed and reenacted to read:
415 63C-11-302. Term of license -- Expiration -- Renewal.
416 (1) The commission shall issue each license under this chapter in accordance with a
417 renewal cycle established by rule.
418 (2) At the time of renewal, the licensee shall show satisfactory evidence of compliance
419 with renewal requirements established by rule by the commission.
420 (3) Each license automatically expires on the expiration date shown on the license
421 unless the licensee renews it in accordance with the rules established by the commission.
422 Section 10. Section 63C-11-303 is repealed and reenacted to read:
423 63C-11-303. Grounds for denial of license -- Disciplinary proceedings --
424 Reinstatement.
425 (1) The commission shall refuse to issue a license to an applicant and shall refuse to
426 renew or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of
427 a licensee who does not meet the qualifications for licensure under this chapter.
428 (2) The commission may refuse to issue a license to an applicant and may refuse to
429 renew or may revoke, suspend, restrict, place on probation, issue a public or private reprimand
430 to, or otherwise act upon the license of any licensee if:
431 (a) the applicant or licensee has engaged in unlawful or unprofessional conduct, as
432 defined by statute or rule under this chapter;
433 (b) the applicant or licensee has been determined to be mentally incompetent for any
434 reason by a court of competent jurisdiction; or
435 (c) the applicant or licensee is unable to practice the occupation or profession with
436 reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
437 chemicals, or any other type of material, or as a result of any other mental or physical
438 condition, when the licensee's condition demonstrates a threat or potential threat to the public
439 health, safety, or welfare, as determined by a ringside physician or the commission.
440 (3) Any licensee whose license under this chapter has been suspended, revoked, or
441 restricted may apply for reinstatement of the license at reasonable intervals and upon
442 compliance with any conditions imposed upon the licensee by statute, rule, or terms of the
443 license suspension, revocation, or restriction.
444 (4) The commission may issue cease and desist orders:
445 (a) to a licensee or applicant who may be disciplined under Subsection (1) or (2); and
446 (b) to any person who otherwise violates this chapter or any rules adopted under this
447 chapter.
448 (5) (a) The commission may impose an administrative fine for acts of unprofessional or
449 unlawful conduct under this chapter.
450 (b) An administrative fine under this Subsection (5) may not exceed $2,500 for each
451 separate act of unprofessional or unlawful conduct.
452 (c) The commission shall comply with Title 63G, Chapter 4, Administrative
453 Procedures Act, in any action to impose an administrative fine under this chapter.
454 (d) The imposition of a fine under this Subsection (5) does not affect any other action
455 the commission or department may take concerning a license issued under this chapter.
456 (6) (a) The commission may not take disciplinary action against any person for
457 unlawful or unprofessional conduct under this chapter, unless the commission initiates an
458 adjudicative proceeding regarding the conduct within four years after the conduct is reported to
459 the commission, except under Subsection (6)(b).
460 (b) The commission may not take disciplinary action against any person for unlawful
461 or unprofessional conduct more than ten years after the occurrence of the conduct, unless the
462 proceeding is in response to a civil or criminal judgment or settlement and the proceeding is
463 initiated within one year following the judgment or settlement.
464 (7) (a) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, the
465 following may immediately suspend the license of a licensee at such time and for such period
466 that the following believes is necessary to protect the health, safety, and welfare of the licensee,
467 another licensee, or the public:
468 (i) the commission;
469 (ii) a designated commission member; or
470 (iii) if a designated commission member is not present, the director.
471 (b) The commission shall establish by rule appropriate procedures to invoke the
472 suspension and to provide a suspended licensee a right to a hearing before the commission with
473 respect to the suspension within a reasonable time after the suspension.
474 Section 11. Section 63C-11-304 is repealed and reenacted to read:
475 63C-11-304. Additional fees for license of promoter -- Dedicated credits --
476 Promotion of contests -- Annual exemption of showcase event.
477 (1) In addition to the payment of any other fees and money due under this chapter,
478 every promoter shall pay a license fee determined by the commission and established in rule.
479 (a) License fees collected under Subsection (1)(a) from professional boxing contests or
480 exhibitions shall be retained by the commission as a dedicated credit to be used by the
481 commission to award grants to organizations that promote amateur boxing in the state and
482 cover commission expenses.
483 (b) Monies available to the commission for awarding grants to organizations that
484 promote amateur boxing in the state and covering commission expenses are nonlapsing for
485 fiscal year 2009-10 only.
486 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
487 commission shall adopt rules:
488 (a) governing the manner in which applications for grants under Subsection (2) may be
489 submitted to the commission; and
490 (b) establishing standards for awarding grants under Subsection (2) to organizations
491 which promote amateur boxing in the state.
492 (4) (a) For the purpose of creating a greater interest in contests in the state, the
493 commission may exempt from the payment of license fees under this section one contest or
494 exhibition in each calendar year, intended as a showcase event.
495 (b) The commission shall select the contest or exhibition to be exempted based on
496 factors which include:
497 (i) attraction of the optimum number of spectators;
498 (ii) costs of promoting and producing the contest or exhibition;
499 (iii) ticket pricing;
500 (iv) committed promotions and advertising of the contest or exhibition;
501 (v) rankings and quality of the contestants; and
502 (vi) committed television and other media coverage of the contest or exhibition.
503 Section 12. Section 63C-11-305 is repealed and reenacted to read:
504 63C-11-305. Jurisdiction of commission.
505 (1) (a) The commission has the sole authority concerning direction, management,
506 control, and jurisdiction over all contests or exhibitions of unarmed combat to be conducted,
507 held, or given within this state.
508 (b) A contest or exhibition may not be conducted, held, or given within this state
509 except in accordance with this chapter.
510 (2) Any contest involving a form of unarmed self-defense must be conducted pursuant
511 to rules for that form which are approved by the commission before the contest is conducted,
512 held, or given.
513 (3) (a) An area not less than six feet from the perimeter of the ring shall be reserved for
514 the use of:
515 (i) the designated commission member;
516 (ii) other commission members in attendance;
517 (iii) the director;
518 (iv) commission employees;
519 (v) officials;
520 (vi) licensees participating or assisting in the contest; and
521 (vii) others granted credentials by the commission.
522 (b) The promoter shall provide security at the direction of the commission or
523 designated commission member to secure the area described in Subsection (3)(a).
524 (4) The area described in Subsection (3), the area in the dressing rooms, and other
525 areas considered necessary by the designated commission member for the safety and welfare of
526 a licensee and the public shall be reserved for the use of:
527 (a) the designated commission member;
528 (b) other commission members in attendance;
529 (c) the director;
530 (d) commission employees;
531 (e) officials;
532 (f) licensees participating or assisting in the contest; and
533 (g) others granted credentials by the commission.
534 (5) The promoter shall provide security at the direction of the commission or
535 designated commission member to secure the areas described in Subsections (3) and (4).
536 (6) (a) The designated commission member may direct the removal from the contest
537 venue and premises, of any individual whose actions:
538 (i) are disruptive to the safe conduct of the contest; or
539 (ii) pose a danger to the safety and welfare of the licensees, the commission, or the
540 public, as determined by the designated commission member.
541 (b) The promoter shall provide security at the direction of the commission or
542 designated commission member to effectuate a removal under Subsection (6)(a).
543 Section 13. Section 63C-11-306 is repealed and reenacted to read:
544 63C-11-306. Club fighting prohibited.
545 (1) Club fighting is prohibited.
546 (2) Any person who publicizes, promotes, conducts, or engages in a club fighting
547 match is:
548 (a) guilty of a class A misdemeanor as provided in Section 76-9-705 ; and
549 (b) subject to license revocation under this chapter.
550 Section 14. Section 63C-11-307 is repealed and reenacted to read:
551 63C-11-307. Approval to hold contest or promotion -- Bond required.
552 (1) An application to hold a contest or multiple contests as part of a single promotion
553 shall be made by a licensed promoter to the commission on forms provided by the commission.
554 (2) The application shall be accompanied by a contest fee determined by the
555 commission under Section 63J-1-304 .
556 (3) (a) The commission may approve or deny approval to hold a contest or promotion
557 permitted under this chapter.
558 (b) Provisional approval under Subsection (3)(a) shall be granted upon a determination
559 by the commission that:
560 (i) the promoter of the contest or promotion is properly licensed;
561 (ii) a bond meeting the requirements of Subsection (6) has been posted by the promoter
562 of the contest or promotion; and
563 (iii) the contest or promotion will be held in accordance with this chapter and rules
564 made under this chapter.
565 (4) (a) Final approval to hold a contest or promotion may not be granted unless the
566 commission receives, not less than seven days before the day of the contest with ten or more
567 rounds:
568 (i) proof of a negative HIV test performed not more than 180 days before the day of the
569 contest for each contestant;
570 (ii) a copy of each contestant's federal identification card;
571 (iii) a copy of a signed contract between each contestant and the promoter for the
572 contest;
573 (iv) a statement specifying the maximum number of rounds of the contest;
574 (v) a statement specifying the site, date, and time of weigh-in; and
575 (vi) the name of the physician selected from among a list of registered and
576 commission-approved ringside physicians who shall act as ringside physician for the contest.
577 (b) Notwithstanding Subsection (4)(a), the commission may approve a contest or
578 promotion if the requirements under Subsection (4)(a) are not met because of unforeseen
579 circumstances beyond the promoter's control.
580 (5) Final approval for a contest under ten rounds in duration may be granted as
581 determined by the commission after receiving the materials identified in Subsection (4) at a
582 time determined by the commission.
583 (6) An applicant shall post a surety bond or cashier's check with the commission in the
584 greater of $10,000 or the amount of the purse, providing for forfeiture and disbursement of the
585 proceeds if the applicant fails to comply with:
586 (a) the requirements of this chapter; or
587 (b) rules made under this chapter relating to the promotion or conduct of the contest or
588 promotion.
589 Section 15. Section 63C-11-308 is repealed and reenacted to read:
590 63C-11-308. Rules for the conduct of contests.
591 (1) The commission shall adopt rules in accordance with Title 63G, Chapter 3, Utah
592 Administrative Rulemaking Act, for the conduct of contests in the state.
593 (2) The rules shall include:
594 (a) authority for:
595 (i) stopping contests; and
596 (ii) impounding purses with respect to contests when there is a question with respect to
597 the contest, contestants, or any other licensee associated with the contest; and
598 (b) reasonable and necessary provisions to ensure that all obligations of a promoter
599 with respect to any promotion or contest are paid in accordance with agreements made by the
600 promoter.
601 (3) (a) The commission may, in its discretion, exempt a contest and each contestant
602 from the definition of unprofessional conduct found in Subsection 63C-11-102 (25)(f) after:
603 (i) a promoter requests the exemption; and
604 (ii) the commission considers relevant factors, including:
605 (A) the experience of the contestants;
606 (B) the win and loss records of each contestant;
607 (C) each contestant's level of training; and
608 (D) any other evidence relevant to the contestants' professionalism and the ability to
609 safely conduct the contest.
610 (b) The commission's hearing of a request for an exemption under this Subsection (3)
611 is an informal adjudicative proceeding under Section 63G-4-202 .
612 (c) The commission's decision to grant or deny a request for an exemption under this
613 Subsection (3) is not subject to agency review under Section 63G-4-301 .
614 Section 16. Section 63C-11-309 is repealed and reenacted to read:
615 63C-11-309. Medical examinations and drug tests.
616 (1) The commission shall adopt rules in accordance with Title 63G, Chapter 3, Utah
617 Administrative Rulemaking Act, for medical examinations and drug testing of contestants,
618 including provisions under which contestants shall:
619 (a) produce evidence based upon competent laboratory examination that they are HIV
620 negative as a condition of participating as a contestant in any contest;
621 (b) be subject to random drug testing before or after participation in a contest, and
622 sanctions, including barring participation in a contest or withholding a percentage of any purse,
623 that shall be placed against a contestant testing positive for alcohol or any other drug that in the
624 opinion of the commission is inconsistent with the safe and competent participation of that
625 contestant in a contest;
626 (c) be subject to a medical examination by the ringside physician not more than 30
627 hours before the contest to identify any physical ailment or communicable disease that, in the
628 opinion of the commission or designated commission member, are inconsistent with the safe
629 and competent participation of that contestant in the contest; and
630 (d) be subject to medical testing for communicable diseases as considered necessary by
631 the commission to protect the health, safety, and welfare of the licensees and the public.
632 (2) (a) Medical information concerning a contestant shall be provided by the contestant
633 or medical professional or laboratory.
634 (b) A promoter or manager may not provide to or receive from the commission medical
635 information concerning a contestant.
636 Section 17. Section 63C-11-310 is repealed and reenacted to read:
637 63C-11-310. Contests.
638 (1) Except as provided in Section 63C-11-317 , a licensee may not participate in an
639 unarmed combat contest within a predetermined time after another unarmed combat contest, as
640 prescribed in rules made by the commission.
641 (2) During the period of time beginning 60 minutes before the beginning of a contest,
642 the promoter shall demonstrate the promoter's compliance with the commission's security
643 requirements to all commission members present at the contest.
644 (3) The commission shall establish fees in accordance with Section 63J-1-303 to be
645 paid by a promoter for the conduct of each contest or event composed of multiple contests
646 conducted under this chapter.
647 Section 18. Section 63C-11-311 is repealed and reenacted to read:
648 63C-11-311. Ringside physician.
649 (1) The commission shall maintain a list of ringside physicians who hold a Doctor of
650 Medicine (MD) degree and are registered with the commission as approved to act as a ringside
651 physician and meet the requirements of Subsection (2).
652 (2) (a) The commission shall appoint a registered ringside physician to perform the
653 duties of a ringside physician at each contest held pursuant to this chapter.
654 (b) The promoter of a contest shall pay a fee determined by the commission by rule to
655 the commission for a ringside physician.
656 (3) An applicant for registration as a ringside physician shall:
657 (a) submit an application for registration;
658 (b) provide the commission with evidence of the applicant's licensure to practice
659 medicine in the state; and
660 (c) satisfy minimum qualifications established by the department by rule.
661 (4) A ringside physician at attendance at a contest:
662 (a) may stop the contest at any point if the ringside physician determines that a
663 contestant's physical condition renders the contestant unable to safely continue the contest; and
664 (b) works under the direction of the commission.
665 Section 19. Section 63C-11-312 is repealed and reenacted to read:
666 63C-11-312. Contracts.
667 Before a contest is held, a copy of the signed contract or agreement between the
668 promoter of the contest and each contestant shall be filed with the commission. Approval of
669 the contract's terms and conditions shall be obtained from the commission as a condition
670 precedent to the contest.
671 Section 20. Section 63C-11-313 is repealed and reenacted to read:
672 63C-11-313. Withholding of purse.
673 (1) The commission, the director, or any other agent authorized by the commission
674 may order a promoter to withhold any part of a purse or other money belonging or payable to
675 any contestant, manager, or second if, in the judgment of the commission, director, or other
676 agent:
677 (a) the contestant is not competing honestly or to the best of the contestant's skill and
678 ability or the contestant otherwise violates any rules adopted by the commission or any of the
679 provisions of this chapter; or
680 (b) the manager or second violates any rules adopted by the commission or any of the
681 provisions of this chapter.
682 (2) This section does not apply to any contestant in a wrestling exhibition who appears
683 not to be competing honestly or to the best of the contestant's skill and ability.
684 (3) Upon the withholding of any part of a purse or other money pursuant to this section,
685 the commission shall immediately schedule a hearing on the matter, provide adequate notice to
686 all interested parties, and dispose of the matter as promptly as possible.
687 (4) If it is determined that a contestant, manager, or second is not entitled to any part of
688 that person's share of the purse or other money, the promoter shall pay the money over to the
689 commission.
690 Section 21. Section 63C-11-314 is repealed and reenacted to read:
691 63C-11-314. Penalty for unlawful conduct.
692 A person who engages in any act of unlawful conduct, as defined in Section
693 63C-11-102 , is guilty of a class A misdemeanor.
694 Section 22. Section 63C-11-315 is repealed and reenacted to read:
695 63C-11-315. Exemptions.
696 This chapter does not apply to:
697 (1) any amateur contest or exhibition of unarmed combat conducted by or participated
698 in exclusively by:
699 (a) a school accredited by the Utah Board of Education;
700 (b) a college or university accredited by the United States Department of Education; or
701 (c) any association or organization of a school, college, or university described in
702 Subsections (1)(a) and (b), when each participant in the contests or exhibitions is a bona fide
703 student in the school, college, or university;
704 (2) any contest or exhibition of unarmed combat conducted in accordance with the
705 standards and regulations of USA Boxing, Inc; or
706 (3) a white-collar contest.
707 Section 23. Section 63C-11-316 is repealed and reenacted to read:
708 63C-11-316. Contest weights and classes -- Matching contestants.
709 (1) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
710 Administrative Rulemaking Act, establishing boxing contest weights and classes consistent
711 with those adopted by the Association of Boxing Commissions.
712 (2) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
713 Administrative Rulemaking Act, establishing contest weights and classes for unarmed combat
714 that is not boxing.
715 (3) (a) As to any unarmed combat contest, a contestant may not fight another contestant
716 who is outside of the contestant's weight classification.
717 (b) Notwithstanding Subsection (3)(a), the commission may permit a contestant to
718 fight another contestant who is outside of the contestant's weight classification.
719 (4) Except as provided in Subsection (3)(b), as to any unarmed combat contest:
720 (a) a contestant who has contracted to participate in a given weight class may not be
721 permitted to compete if the contestant is not within that weight class at the weigh-in; and
722 (b) a contestant may have two hours to attempt to gain or lose not more than three
723 pounds in order to be reweighed.
724 (5) (a) As to any unarmed combat contest, the commission may not allow a contest in
725 which the contestants are not fairly matched.
726 (b) Factors in determining if contestants are fairly matched include:
727 (i) the win-loss record of the contestants;
728 (ii) the weight differential between the contestants;
729 (iii) the caliber of opponents for each contestant;
730 (iv) each contestant's number of fights; and
731 (v) previous suspensions or disciplinary actions of the contestants.
732 Section 24. Section 63C-11-317 is repealed and reenacted to read:
733 63C-11-317. Elimination contests -- Conduct of contests -- Applicability of
734 provisions -- Limitations on license -- Duration of contests -- Equipment -- Limitations on
735 contests.
736 (1) An elimination unarmed combat contest shall be conducted under the supervision
737 and authority of the commission.
738 (2) Except as otherwise provided in this section and except as otherwise provided by
739 specific statute, the provisions of this chapter pertaining to boxing apply to an elimination
740 unarmed combat contest.
741 (3) (a) All contests in an elimination unarmed combat contest shall be no more than
742 three rounds in duration.
743 (b) A round of unarmed combat in an elimination unarmed combat contest shall:
744 (i) be no more than one minute in duration; or
745 (ii) be up to three minutes in duration if there is only a single round.
746 (c) A period of rest following a round shall be no more than one minute in duration.
747 (4) A contestant:
748 (a) shall wear gloves approved by the commission; and
749 (b) shall wear headgear approved by the commission, the designated commission
750 member, or the director if a designated commission member is not present.
751 (5) A contestant may participate in more than one contest, but may not participate in
752 more than a total of seven rounds in the entire tournament.
753 Section 25. Section 63C-11-318 is repealed and reenacted to read:
754 63C-11-318. Commission rulemaking.
755 The commission may make rules governing the conduct of a contest held under this
756 chapter to protect the health and safety of licensees and members of the public.
757 Section 26. Section 67-22-2 is amended to read:
758 67-22-2. Compensation -- Other state officers.
759 (1) As used in this section:
760 (a) "Appointed executive" means the:
761 (i) Commissioner of the Department of Agriculture and Food;
762 (ii) Commissioner of the Insurance Department;
763 (iii) Commissioner of the Labor Commission;
764 (iv) Director, Alcoholic Beverage Control Commission;
765 (v) Commissioner of the Department of Financial Institutions;
766 (vi) Executive Director, Department of Commerce;
767 (vii) Executive Director, Commission on Criminal and Juvenile Justice;
768 (viii) Adjutant General;
769 (ix) Executive Director, Department of Community and Culture;
770 (x) Executive Director, Department of Corrections;
771 (xi) Commissioner, Department of Public Safety;
772 (xii) Executive Director, Department of Natural Resources;
773 (xiii) Director, Governor's Office of Planning and Budget;
774 (xiv) Executive Director, Department of Administrative Services;
775 (xv) Executive Director, Department of Human Resource Management;
776 (xvi) Executive Director, Department of Environmental Quality;
777 (xvii) Director, Governor's Office of Economic Development;
778 (xviii) Executive Director, Utah Science Technology and Research Governing
779 Authority;
780 (xix) Executive Director, Department of Workforce Services;
781 (xx) Executive Director, Department of Health, Nonphysician;
782 (xxi) Executive Director, Department of Human Services;
783 (xxii) Executive Director, Department of Transportation;
784 (xxiii) Executive Director, Department of Technology Services; and
785 (xxiv) Executive Director, Department of Veterans Affairs[
786 [
787 (b) "Board or commission executive" means:
788 (i) Members, Board of Pardons and Parole;
789 (ii) Chair, State Tax Commission;
790 (iii) Commissioners, State Tax Commission;
791 (iv) Executive Director, State Tax Commission;
792 (v) Chair, Public Service Commission; and
793 (vi) Commissioners, Public Service Commission.
794 (c) "Deputy" means the person who acts as the appointed executive's second in
795 command as determined by the Department of Human Resource Management.
796 (2) (a) The executive director of the Department of Human Resource Management
797 shall:
798 (i) before October 31 of each year, recommend to the governor a compensation plan for
799 the appointed executives and the board or commission executives; and
800 (ii) base those recommendations on market salary studies conducted by the Department
801 of Human Resource Management.
802 (b) (i) The Department of Human Resource Management shall determine the salary
803 range for the appointed executives by:
804 (A) identifying the salary range assigned to the appointed executive's deputy;
805 (B) designating the lowest minimum salary from those deputies' salary ranges as the
806 minimum salary for the appointed executives' salary range; and
807 (C) designating 105% of the highest maximum salary range from those deputies' salary
808 ranges as the maximum salary for the appointed executives' salary range.
809 (ii) If the deputy is a medical doctor, the Department of Human Resource Management
810 may not consider that deputy's salary range in designating the salary range for appointed
811 executives.
812 (c) In establishing the salary ranges for board or commission executives, the
813 Department of Human Resource Management shall set the maximum salary in the salary range
814 for each of those positions at 90% of the salary for district judges as established in the annual
815 appropriation act under Section 67-8-2 .
816 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
817 specific salary for each appointed executive within the range established under Subsection
818 (2)(b).
819 (ii) If the executive director of the Department of Health is a physician, the governor
820 shall establish a salary within the highest physician salary range established by the Department
821 of Human Resource Management.
822 (iii) The governor may provide salary increases for appointed executives within the
823 range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
824 (b) The governor shall apply the same overtime regulations applicable to other FLSA
825 exempt positions.
826 (c) The governor may develop standards and criteria for reviewing the appointed
827 executives.
828 (4) Salaries for other Schedule A employees, as defined in Section 67-19-15 , that are
829 not provided for in this chapter, or in Title 67, Chapter 8, Utah [
830 Judicial Salary Act, shall be established as provided in Section 67-19-15 .
831 (5) (a) The Legislature fixes benefits for the appointed executives and the board or
832 commission executives as follows:
833 (i) the option of participating in a state retirement system established by Title 49, Utah
834 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
835 by the State Retirement Office in accordance with the Internal Revenue Code and its
836 accompanying rules and regulations;
837 (ii) health insurance;
838 (iii) dental insurance;
839 (iv) basic life insurance;
840 (v) unemployment compensation;
841 (vi) workers' compensation;
842 (vii) required employer contribution to Social Security;
843 (viii) long-term disability income insurance;
844 (ix) the same additional state-paid life insurance available to other noncareer service
845 employees;
846 (x) the same severance pay available to other noncareer service employees;
847 (xi) the same leave, holidays, and allowances granted to Schedule B state employees as
848 follows:
849 (A) sick leave;
850 (B) converted sick leave if accrued prior to January 1, 2014;
851 (C) educational allowances;
852 (D) holidays; and
853 (E) annual leave except that annual leave shall be accrued at the maximum rate
854 provided to Schedule B state employees;
855 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
856 provided by law or rule upon resignation or retirement according to the same criteria and
857 procedures applied to Schedule B state employees;
858 (xiii) the option to purchase additional life insurance at group insurance rates according
859 to the same criteria and procedures applied to Schedule B state employees; and
860 (xiv) professional memberships if being a member of the professional organization is a
861 requirement of the position.
862 (b) Each department shall pay the cost of additional state-paid life insurance for its
863 executive director from its existing budget.
864 (6) The Legislature fixes the following additional benefits:
865 (a) for the executive director of the State Tax Commission a vehicle for official and
866 personal use;
867 (b) for the executive director of the Department of Transportation a vehicle for official
868 and personal use;
869 (c) for the executive director of the Department of Natural Resources a vehicle for
870 commute and official use;
871 (d) for the Commissioner of Public Safety:
872 (i) an accidental death insurance policy if POST certified; and
873 (ii) a public safety vehicle for official and personal use;
874 (e) for the executive director of the Department of Corrections:
875 (i) an accidental death insurance policy if POST certified; and
876 (ii) a public safety vehicle for official and personal use;
877 (f) for the Adjutant General a vehicle for official and personal use; and
878 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
879 official use.
880 Section 27. Repealer.
881 This bill repeals:
882 Section 63C-11-319, Ringside physician.
883 Section 63C-11-320, Contracts.
884 Section 63C-11-321, Withholding of purse.
885 Section 63C-11-322, Penalty for unlawful conduct.
886 Section 63C-11-323, Exemptions.
887 Section 63C-11-324, Contest weights and classes -- Matching contestants.
888 Section 63C-11-325, Elimination boxing contests -- Conduct of contests --
889 Applicability of provisions -- Limitations on license -- Duration of contests -- Equipment
890 -- Limitations on contests.
891 Section 63C-11-326, Commission rulemaking.
892 Section 28. Transition of Funds.
893 All monies remaining in the accounts of the Pete Suazo Utah Athletic Commission
894 located within the Utah Sports Authority on June 30, 2009 shall be nonlapsing and transfer to
895 the Pete Suazo Utah Athletic Commission, located within the Governor's Office of Economic
896 Development, on July 1, 2009.
897 Section 29. Effective date.
898 This bill takes effect on July 1, 2009, except that Uncodified Section 28, Transition of
899 funds, takes effect on May 12, 2009.
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