SENATE BILL No. 808

 

 

November 9, 2011, Introduced by Senators ROBERTSON, GREEN, PAPPAGEORGE, HUNE, SMITH, YOUNG, RICHARDVILLE, PROOS, BRANDENBURG and GLEASON and referred to the Committee on Regulatory Reform.

 

 

 

     A bill to amend 2004 PA 403, entitled

 

"Michigan unarmed combat regulatory act,"

 

by amending the title and sections 1, 10, 11, 12, 20, 21, 22, 30,

 

31, 32, 33, 34, 35, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52,

 

53, 54, 55, 56, 57, 58, 61, and 63 (MCL 338.3601, 338.3610,

 

338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630,

 

338.3631, 338.3632, 338.3633, 338.3634, 338.3635, 338.3640,

 

338.3641, 338.3642, 338.3643, 338.3644, 338.3645, 338.3646,

 

338.3647, 338.3648, 338.3650, 338.3651, 338.3652, 338.3653,

 

338.3654, 338.3655, 338.3656, 338.3657, 338.3658, 338.3661, and

 

338.3663), sections 1, 10, 11, 12, 20, 21, 31, 32, 33, 34, 35, 47,

 

48, 51, 53, 54, 55, 56, 57, and 58 as amended by 2007 PA 196 and

 

section 22 as amended by 2010 PA 100, and by adding section 23; and

 

to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:


 

     TITLE

 

     An act to regulate certain forms of boxing; to create certain

 

commissions and to provide certain the Michigan boxing and mixed

 

martial arts commission and establish the powers and duties of the

 

commission and its executive director; to provide powers and duties

 

for certain state agencies and departments; to license and regulate

 

certain persons individuals engaged in boxing, certain persons

 

connected to the business of boxing, and certain persons or

 

conducting certain contests and exhibitions; to confer immunity

 

under certain circumstances; to provide for the conducting of

 

certain tests; to assess certain fees; to create certain funds; to

 

promulgate to establish the boxing and mixed martial arts fund and

 

provide for the use of the money in the fund; to authorize the

 

promulgation of rules; to provide for penalties and remedies; and

 

to repeal acts and parts of acts.

 

     Sec. 1. This act shall be known and may be cited as the

 

"Michigan unarmed combat "boxing and mixed martial arts regulatory

 

act".

 

     Sec. 10. As used in this act:

 

     (a) "Amateur" means a person any of following:

 

     (i) Except as provided in subparagraph (ii), an individual who

 

is not competing and has never competed for a money prize or who is

 

not competing and has not competed with or against a professional

 

for a prize.

 

     (ii) For a boxing contest, amateur is a person an individual

 

who is required to be registered by USA boxing.

 

     (b) "Commission" means the Michigan unarmed combat boxing and


 

mixed martial arts commission created in section 20.

 

     (c) "Complainant" means a person who has filed a complaint

 

with the department alleging that a person has violated this act or

 

a rule promulgated or an order issued under this act. If a

 

complaint is made by the department, the director shall designate

 

complainant means 1 or more employees of the department designated

 

by the director to act as the complainant.

 

     (d) "Department" means the department of labor and economic

 

growth licensing and regulatory affairs.

 

     (e) "Director" means the director of the department or his or

 

her designee.

 

     (f) "Employee of the department" means an individual employed

 

by the department or a person under contract to the department

 

whose duty it is to enforce the provisions of who is responsible

 

for enforcing this act or rules promulgated or orders issued under

 

this act.

 

     (g) "Executive director" means the individual appointed under

 

section 23 as the administrator of the commission or his or her

 

designee.

 

     (h) (g) "Fund" means the Michigan unarmed combat boxing and

 

mixed martial arts fund created in section 22.

 

     (i) (h) "Good moral character" means good moral character as

 

determined and defined in under 1974 PA 381, MCL 338.41 to 338.47.

 

     (j) (i) "Mixed martial arts" means unarmed combat involving

 

that involves the use of a combination of techniques from different

 

disciplines of the martial arts. and The term includes grappling,

 

kicking, jujitsu, and striking. , subject to limitations contained


 

in this act and rules promulgated under this act.

 

     Sec. 11. As used in this act:

 

     (a) "Person" means an individual, corporation, limited

 

liability company, partnership, association, or other legal entity.

 

     (b) (a) "Physician" means that term as defined in section

 

17001 or 17501 of the public health code, 1978 PA 368, MCL

 

333.17001 and 333.17501.

 

     (c) (b) "Prize" means something offered or given of present or

 

future value to a participant in a contest, exhibition, or match.

 

     (d) (c) "Professional" means a person an individual who is

 

competing or has competed in boxing or mixed martial arts for a

 

money prize.

 

     (e) (d) "Promoter" means any person an individual who produces

 

or stages any professional contest or exhibition of boxing or mixed

 

martial arts, or both. , but The term does not include the a venue

 

where the an exhibition or contest is being held unless the venue

 

contracts with the individual promoter to be a co-promoter

 

copromoter.

 

     (f) (e) "Purse" means the financial guarantee or any other

 

remuneration for which professionals are participating in a contest

 

or exhibition. and includes the The term includes a professional's

 

share of any payment received for radio, television, or motion

 

picture rights.

 

     (g) (f) "Respondent" means a licensee or other person against

 

whom a complaint has been is filed who may be a person who is or is

 

required to be licensed under this act.

 

     (h) (g) "Rule" means a rule promulgated under the


 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (i) (h) "School", "college", or "university" does not include

 

an institution formed or operated principally to provide

 

instruction in boxing, and martial arts, or other sports.

 

     Sec. 12. This act does not apply to any of the following:

 

     (a) Professional or amateur wrestling.

 

     (b) Amateur martial arts sports or activities.

 

     (c) Contests or exhibitions that are conducted by or

 

participated in exclusively by an agency of the United States

 

government, or by a school, college, or university or an

 

organization composed exclusively of those entities, if each

 

participant is an amateur.

 

     (d) Amateur boxing regulated by under the amateur sports act

 

of 1978, 36 USC 371 Ted Stevens Olympic and amateur sports act, 36

 

USC 220501 to 220529.

 

     (e) Boxing elimination contests regulated by under section 50.

 

     (f) Amateur mixed martial arts.

 

     Sec. 20. (1) The Michigan unarmed combat boxing and mixed

 

martial arts commission , consisting of is established as an

 

autonomous agency within the department and shall exercise its

 

powers and functions independently of the department except for

 

budget, procurement, human resources, information technology, and

 

related administrative functions, which the department shall

 

provide for the commission. The department shall also provide

 

suitable offices, facilities, equipment, staff, and supplies for

 

the commission in the city of Lansing.


 

     (2) The commission shall consist of the executive director, as

 

a nonvoting ex officio member of the commission, and 11 voting

 

members, appointed by the governor with the advice and consent of

 

the senate , is created within the department. The director is

 

appointed as a nonvoting ex officio member of the commission. A

 

majority of the members appointed by the governor shall be

 

licensees under this act. as follows:

 

     (a) Four of the members shall be licensees who have

 

experience, knowledge, or background in boxing. , and 4

 

     (b) Four members shall be licensees who have experience,

 

knowledge, or background in mixed martial arts.

 

     (c) Three members shall be who are members of the general

 

public. Budgeting, procurement, human resources, information

 

technology, and related management functions of the commission

 

shall be performed by the department.

 

     (3) (2) Except as otherwise provided in this subsection, the

 

11 members appointed by the governor shall serve a term of 4 years.

 

Of the initial members appointed under this act, the terms of 2 of

 

the members shall be 4 years, the term of 2 of the members shall be

 

2 years, and the term of 3 of the members shall be 1 year. When so

 

designated by the director, any board action taken on only a boxing

 

or mixed martial arts matter shall only be considered by the

 

appropriately licensed members and members of the general public.

 

The terms of members Unless removed by the governor under this

 

subsection, the members of the commission in office on the day

 

before the amendatory act that repealed section 62 shall continue

 

as members of the commission for the remainder of their terms.


 

Members appointed by the governor are subject to serve at the

 

pleasure of the governor.

 

     (4) (3) Five Subject to subsections (5) and (6), 7 members of

 

the commission constitute a quorum for the exercise of the

 

authority conferred upon of the commission. except that after all

 

of the additional members appointed as a result of the 2007

 

amendatory act that added this clause, the quorum shall consist of

 

7 members. Subject to subsection (2), a concurrence of subsections

 

(5) and (6), approval by at least 4 of the members, or a

 

concurrence of by a majority of those members who have not

 

participated in an investigation or administrative hearing

 

regarding a matter before the commission, is necessary to render a

 

decision for action by the commission. In the case of proposed

 

board action to be taken on a matter involving only boxing or only

 

mixed martial arts and where only the members of the board

 

designated for the particular sport are eligible to confer, the

 

quorum shall be 4 members, 2 of whom shall be licensed under the

 

appropriate sport. Under those circumstances, a concurrence of 3

 

members is necessary to render a decision by the commission.

 

     (5) All of the following apply if a proposed action of the

 

commission is designated by the executive director as related only

 

to boxing:

 

     (a) The proposed action shall only be considered by the

 

commission members described in subsection (2)(a) and (c).

 

     (b) The quorum requirement for consideration of the proposed

 

action is 4 members who are eligible to consider the action under

 

subdivision (a), 2 of whom are members described in subsection


 

(2)(a).

 

     (c) Approval by at least 3 of the members who are eligible to

 

consider the action under subdivision (a) is required for the

 

commission to take that action.

 

     (6) All of the following apply if a proposed action of the

 

commission is designated by the executive director as related only

 

to mixed martial arts:

 

     (a) The proposed action shall only be considered by the

 

commission members described in subsection (2)(b) and (c).

 

     (b) The quorum requirement for consideration of the proposed

 

action is 4 members who are eligible to consider the action under

 

subdivision (a), 2 of whom are members described in subsection

 

(2)(b).

 

     (c) Approval by at least 3 of the members who are eligible to

 

consider the action under subdivision (a) is required for the

 

commission to take that action.

 

     (7) (4) A While serving as a member of the commission, an

 

individual shall not at any time during his or her service as a

 

member promote or sponsor any contest or exhibition of boxing, or a

 

combination of those events, or have any financial interest in the

 

promotion or sponsorship of those contests or exhibitions. The

 

commission shall meet not less than 4 times per year, and upon on

 

request and at the discretion of the chair, the department shall

 

schedule additional interim meetings.

 

     (8) (5) Except as otherwise provided in section sections 33(9)

 

and 63, the records of the commission are subject to disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to


 

15.246.

 

     (9) (6) Meetings of the commission are subject to the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     Sec. 21. A person An individual who has a material financial

 

interest in any club, organization, or corporation, the main object

 

of which is the holding or giving of boxing or mixed martial arts

 

contests or exhibitions, is not eligible for appointment to the

 

commission.

 

     Sec. 22. (1) The commission shall elect 1 of its members as

 

the chair of the commission.

 

     (2) The commission may purchase and use a seal.

 

     (3) The director commission may promulgate rules for the

 

administration of this act but only after first consulting with the

 

commission. department. The commission department may request that

 

the department to commission promulgate a rule under section 38 of

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.238.

 

Notwithstanding the time limit provided for in section 38 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.238, the

 

department commission shall respond in writing to any request for

 

rule promulgating by the commission from the department under this

 

subsection within 30 calendar days after a the request. The

 

response shall include a reason and explanation for acceptance or

 

denial of agreeing to or denying the request.

 

     (4) (2) The department commission shall promulgate rules to

 

include all of the following:

 

     (a) Number and qualifications of ring officials required at

 

any exhibition or contest.


 

     (b) Powers, duties, and compensation of ring officials.

 

     (c) Qualifications of licensees.

 

     (d) License fees not otherwise provided under this act.

 

     (e) Any necessary standards designed to accommodate federally

 

imposed mandates that do not directly conflict with this act.

 

     (f) A list of enhancers and prohibited substances, the

 

presence of which in a contestant is grounds for suspension or

 

revocation of the license or other sanctions.

 

     (5) (3) An unarmed combat The boxing and mixed martial arts

 

fund is created as a revolving fund in the state treasury. and

 

administered by the director. The All of the following apply to the

 

fund:

 

     (a) The commission shall use the money in the fund, is to be

 

upon appropriation, only used for the costs of administration and

 

enforcement of this act and for any costs associated with the

 

administration of this act, including, but not limited to,

 

reimbursing the department or department of attorney general for

 

the reasonable costs of services provided to the department

 

commission under this act. Money remaining in the fund at the end

 

of the fiscal year and interest earned shall be carried forward

 

into the next fiscal year and shall not revert to the general fund.

 

     (b) The state treasurer shall direct the investment of the

 

fund. The state treasurer shall credit to the fund interest and

 

earnings from fund investments.

 

     (c) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (d) The commission is the administrator of the fund for


 

auditing purposes.

 

     (e) The department and commission shall deposit into the fund

 

all money received from the regulatory and enforcement fee, license

 

fees, event fees, and administrative fines imposed under this act,

 

and from any other source.

 

     (6) (4) Annually, the legislature shall fix the per diem

 

compensation of the members of the commission. Travel or other

 

expenses incurred by a commission member in the performance of an

 

official function shall be payable by the department under the

 

standardized travel regulations of the department of technology,

 

management, and budget.

 

     (7) (5) The commission may affiliate with any other state or

 

national boxing or mixed martial arts commission or athletic

 

authority. The commission, upon approval of the executive director,

 

may enter into any appropriate reciprocity agreements.

 

     (8) (6) The commission and department are is vested with

 

management, control, and jurisdiction over all professional boxing

 

and professional mixed martial arts contests or exhibitions to be

 

conducted, held, or given within the in this state. of Michigan.

 

Except for any contests or exhibitions a contest or exhibition that

 

is exempt from this act, a person shall not conduct, hold, or give

 

a contest or exhibition shall not be conducted, held, or given

 

within in this state except in compliance with this act.

 

     (9) (7) The requirements and standards contained in standards

 

adopted by the New Jersey state athletic control board, N.J.A.C.

 

13:46-24A and 24B, as they may exist on February 20, 2005, entitled

 

the mixed martial arts unified rules, dated 2000, except for the


 

license fees described in those rules, are incorporated by

 

reference. Any requirements and standards incorporated by reference

 

in this subsection that are in conflict with the requirements and

 

standards of this act are considered superseded by the provisions

 

of this act. The executive director, in consultation with the

 

commission, may promulgate rules consistent with section 35 to

 

alter, supplement, update, or amend the standards incorporated by

 

reference under this subsection. Any references to the commission

 

in the mixed martial arts unified rules shall mean the department.

 

commission. The standards contained in 13:46-24B.3 are not

 

incorporated by reference.

 

     Sec. 23. (1) The executive director shall act as the

 

administrator of the commission. All of the following apply to the

 

executive director:

 

     (a) The governor shall appoint the executive director with the

 

advice and consent of the senate.

 

     (b) The executive director shall report directly to the

 

governor and serve at the pleasure of the governor.

 

     (c) The executive director shall be a full-time employee of

 

the commission but shall not be a member of the state classified

 

civil service.

 

     (d) The executive director is a nonvoting ex officio member of

 

the commission and is responsible for carrying out the powers and

 

duties of the commission under this act.

 

     (2) The commission shall employ an administrative assistant

 

for the executive director. The administrative assistant shall be a

 

full-time employee of the commission.


 

     Sec. 30. (1) A person An individual shall not engage in or

 

attempt to engage in an activity regulated under this act unless

 

the person possesses without a license issued by the department or

 

commission under this act, unless the person he or she is exempt

 

from licensure under this act.

 

     (2) A person who violates subsection (1) is guilty of a

 

misdemeanor punishable by a fine of not more than $500.00 or

 

imprisonment for not more than 90 days, or both.

 

     (3) A person An individual who violates subsection (1) a

 

second or any subsequent time is guilty of a misdemeanor punishable

 

by a fine of not more than $1,000.00 or imprisonment for not more

 

than 1 year, or both.

 

     (4) Notwithstanding the existence and pursuit of any other

 

remedy, an An affected person may maintain injunctive action in a

 

court of competent jurisdiction to restrain or prevent a person

 

from violating subsection (1). If successful in obtaining

 

injunctive relief, the affected person shall be is entitled to

 

actual costs and attorney fees. As used in this subsection,

 

"affected person" means a person directly affected by the actions

 

of a person suspected of violating subsection (1) and includes, but

 

is not limited to, the commission, the department, or a member of

 

the general public.

 

     (5) An The commission may conduct an investigation may be

 

conducted by the department to enforce this section.

 

     (6) A person who that violates this section is subject to the

 

strictures prescribed remedies and penalties described in this

 

section and section 43.


 

     (7) (6) The remedies under this section are independent and

 

cumulative. The use of 1 remedy by a person shall not bar the use

 

of other lawful remedies by that person or the use of a lawful

 

remedy by another person.

 

     Sec. 31. By filing an application for a license, an applicant

 

does both of the following:

 

     (a) Certifies his or her general suitability, character,

 

integrity, and ability to participate, engage in, or be associated

 

with boxing or mixed martial arts contests or exhibitions. The

 

burden of proof is on the applicant to establish to the

 

satisfaction of the commission and the department that the

 

applicant is qualified to receive a license.

 

     (b) Accepts the risk of adverse public notice, embarrassment,

 

criticism, financial loss, or other action with respect to his or

 

her application and expressly waives any claim for damages as a

 

result of any adverse public notice, embarrassment, criticism,

 

financial loss, or other action. Any written or oral statement made

 

by any member of the commission or any witness testifying under

 

oath that is relevant to the application and investigation of the

 

applicant is immune from civil liability for libel, slander, or any

 

other tort.

 

     Sec. 32. A contest or exhibition regulated by under this act

 

and not exempt from this act shall be held or conducted in this

 

state only under by the holder of a promoter's license issued by

 

the department as provided for in commission under section 33.

 

     Sec. 33. (1) An application for a promoter's license must

 

shall be in writing and correctly show and define the applicant.


 

include the name, street address, and telephone number of the

 

applicant.

 

     (2) An applicant for a promoter's license must demonstrate

 

good moral character. If an applicant for a promoter's license is

 

denied a license due to because of a lack of good moral character,

 

the applicant may petition the commission for a review of the

 

decision under section 46.

 

     (3) Before an approval for a contest or exhibition is granted,

 

a promoter must file a bond with the department The commission

 

shall not grant a promoter's license for a contest or exhibition if

 

the promoter does not provide a bond to the commission that meets

 

all of the following:

 

     (a) Is in an amount fixed by the department but not less than

 

$20,000.00, which bond shall be commission. The commission shall

 

not require a bond with a principal amount that exceeds 5% of the

 

total purse for the contest or exhibition, or $20,000.00, whichever

 

is less.

 

     (b) Is executed by the applicant as principal and by a

 

corporation qualified under the laws of this state as surety. ,

 

     (c) Is payable to the state of Michigan , and conditioned upon

 

on the faithful performance by the applicant of the provisions of

 

this act. The department shall annually adjust the amount of the

 

bond based upon the Detroit consumer price index. The bond must be

 

     (d) Is purchased not less than at least 5 days before the

 

contest or exhibition. and may

 

     (e) May be used to satisfy payment for the professionals,

 

costs to the department commission for ring officials and


 

physicians, and drug tests.

 

     (4) A promoter must apply for and obtain an annual license

 

from the department in order to present a program of contests or

 

exhibitions regulated by under this act. The annual license fee is

 

$250.00. The department commission shall request, and the applicant

 

shall provide, such any information as it the commission determines

 

is necessary to ascertain the financial stability of the applicant.

 

Section 63 applies to any information provided by an applicant

 

under this subsection.

 

     (5) A boxing promoter shall pay an event fee of $125.00. A

 

mixed martial arts promoter shall pay an event fee of $2,000.00.

 

     (6) There is imposed Each promoter shall pay a regulatory and

 

enforcement fee upon the promoter to assure the integrity of the

 

sports of boxing and mixed martial arts, the public interest, and

 

the welfare and safety of the professionals. in the amount of The

 

amount of the fee is 3% of the total gross receipts from the sale,

 

lease, or other exploitation of broadcasting, television, and

 

motion picture rights for an event, but not to exceed $25,000.00 or

 

$100,000.00 per contract, whichever is less, for a boxing or mixed

 

martial arts events to which the event that meets all of the

 

following: apply:

 

     (a) If the event is a boxing event, the event is located in a

 

venue with a seating capacity of over 5,000 more than 2,000

 

spectators.

 

     (b) The promoter proposes to televise or broadcast the event

 

over any medium for viewing by spectators who are not present in

 

the venue.


 

     (c) The event is designed to promote professional boxing or

 

mixed martial arts contests in this state.

 

     (7) At For purposes of subsection (6) or at least 10 days

 

before the boxing or mixed martial arts event to which subsection

 

(6) applies, the promoter shall submit the contract subject to the

 

regulatory and enforcement fee to the department, stating

 

commission for the purpose of determining the amount of the

 

regulatory and enforcement fee for that event. The contract shall

 

state the amount of the probable total gross receipts from the

 

sale, lease, or other exploitation of broadcasting, television, and

 

or motion picture rights.

 

     (8) The commission shall deposit any money derived proceeds

 

from the regulatory and enforcement fee shall be deposited

 

described in subsection (6) into the fund. created in section 22

 

and used for the purposes described in that section.

 

     (9) A promoter shall, within Within 5 business days before a

 

boxing or mixed martial arts contest or exhibition, convey to the

 

department the promoter shall provide to the commission an executed

 

copy of the contract relative to that for the contest or

 

exhibition. The copy of the contract is exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246, except that the department commission may disclose

 

statistical information on the number, types, and amounts of

 

contracts so long as if any information regarding identifiable

 

individuals or categories is not revealed.

 

     (10) Beginning June 23, 2005, The commission may revoke a

 

promoter's license is subject to revocation unless if the promoter


 

does not withhold or escrow at least 10% of the purse in a contest

 

or exhibition, but not more than $10,000.00 per contestant, is

 

withheld or escrowed until such time as the results of the

 

postcontest drug postexhibition test , as required by this act,

 

under section 48(4) are available to the department. commission. If

 

the drug test results confirm or demonstrate compliance with this

 

act, the department commission shall issue an order allowing the

 

promoter to forward to the professional the amount withheld or

 

escrowed. If the results do not confirm or demonstrate compliance

 

with this act, the department commission shall serve a formal

 

complaint on the professional under section 44(2), 44 and the

 

department commission shall issue an order to the promoter

 

requiring that the promoter to forward the amount withheld or

 

escrowed to the department. Upon commission, and on receipt, the

 

department commission shall deposit the money into the fund. If

 

after a hearing the professional is found in violation of the act,

 

the professional shall forfeit the amount withheld from the purse

 

and the professional is subject to the penalties prescribed in

 

under section 48. However, if the formal complaint is dismissed or

 

any final order issued as the result of the complaint is

 

overturned, the department commission shall issue a refund to the

 

professional for the amount withheld.

 

     (11) Subsection (10) does not prohibit a licensed promoter

 

from including a provision in a contract with a professional that

 

requires the promoter to withhold 10% of the purse in a contest or

 

exhibition until such time as the postcontest drug results of the

 

postexhibition test results required under section 48(4) are


 

available to the department commission.

 

     Sec. 34. (1) The executive director, in consultation with the

 

commission, may promulgate rules for the application and approval

 

process for promoters. Until the rules are promulgated, the

 

applicant shall comply with the standards described in subsection

 

(2).

 

     (2) The rules regarding the application process described in

 

subsection (1) shall include at least the following:

 

     (a) An initial application processing fee sufficient to cover

 

the costs of processing a boxing or mixed martial arts promoter's

 

license, but not less than at least $250.00.

 

     (b) A requirement that the applicant provide background

 

information be disclosed by concerning the applicant, who if the

 

applicant is an individual, or by concerning the principal officers

 

or members of and individuals having each individual who has at

 

least a 10% ownership interest in the case of any other legal

 

entity, applicant, if the applicant is a person who is not an

 

individual with emphasis on the applicant's his or her business

 

experience.

 

     (c) Information from the applicant concerning past and present

 

civil lawsuits, judgments, and filings under the bankruptcy code

 

that are not more than 7 years old.

 

     (d) Any other relevant and material information considered

 

necessary by the executive director upon after consultation with

 

the commission.

 

     (3) The department commission may consult with the commission

 

department on issues related to the determination of an applicant's


 

financial stability. and shall refer the application to the

 

commission if clear and convincing grounds for approval of the

 

financial stability aspect of the application do not exist.

 

     (4) As part of the approval process for promoters, the

 

commission may require that the applicant or his or her a

 

representative to be of the applicant is present at a the

 

commission meeting in which the application is considered.

 

     Sec. 35. The executive director, in after consultation with

 

the commission, shall promulgate rules to set standards for boxing

 

and mixed martial arts exhibitions and participants and to provide

 

for license fees for all participants in the activities regulated

 

by this act that are not otherwise provided for in this act,

 

including, but not limited to, license fees for a physician,

 

physician's assistant, nurse practitioner, referee, judge,

 

matchmaker, timekeeper, professional, contestant, or manager or a

 

second of any of those persons.

 

     Sec. 40. A complaint which that alleges that a person has

 

violated this act or a rule promulgated or an order issued under

 

this act shall be lodged with the department. submitted to the

 

commission. The department of attorney general, the department, the

 

commission, or any other person may file a complaint.

 

     Sec. 41. (1) The department, upon receipt of When it receives

 

a complaint, the commission shall immediately shall begin its an

 

investigation of the allegations of the complaint and shall open a

 

correspondence file. The department commission shall make a written

 

acknowledgment of the complaint within 15 days after receipt of the

 

it receives a complaint to the person making who made the


 

complaint. If the a complaint is made by the department,

 

commission, the executive director shall designate 1 or more

 

employees of the department commission to act as the person making

 

the complaint.

 

     (2) The department commission shall conduct the an

 

investigation required under subsection (1). In furtherance of As

 

part of that investigation, the department commission may request

 

that the attorney general petition a court of competent

 

jurisdiction to issue a subpoena requiring a person to appear

 

before the department commission and be examined with reference to

 

a matter within the scope of the investigation and to produce

 

books, papers, or documents pertaining to the investigation.

 

     (3) The investigative unit of the department, commission,

 

within 30 days after the department commission receives the

 

complaint, shall report to the executive director on the status of

 

the investigation. If, for good cause shown, the commission cannot

 

complete an investigation cannot be completed within in 30 days,

 

the executive director may extend the time in which a report may be

 

filed that 30-day period.

 

     (4) If the report of the investigative unit of the department

 

commission does not disclose a violation of this act or a rule

 

promulgated or an order issued under this act, the commission shall

 

close the complaint. shall be closed by the department. The

 

commission shall forward the reasons for closing the complaint

 

shall be forwarded to the respondent and complainant, who then may

 

provide additional information to reopen the complaint.

 

     (5) If the a report of the investigative unit made pursuant to


 

under subsection (3) discloses evidence of a violation of this act

 

or a rule promulgated or an order issued under this act, the

 

department commission or the department of attorney general shall

 

prepare the appropriate action against the respondent, which may be

 

any of the following:

 

     (a) A formal complaint.

 

     (b) A cease and desist order.

 

     (c) A notice of summary suspension subject to sections 42 and

 

48(7).48(6).

 

     (6) At any time during its investigation or after the issuance

 

of a formal complaint is issued, the department commission may

 

bring together the complainant and the respondent for an informal

 

conference. At the informal conference, the department commission

 

shall attempt to resolve issues raised in the complaint and may

 

attempt to aid the parties in reaching a formal settlement or

 

stipulation.

 

     Sec. 42. (1) After it conducts an investigation, has been

 

conducted, the department commission may issue an order summarily

 

suspending a license based on an affidavit by a person an

 

individual familiar with the facts set forth in the affidavit, or,

 

if appropriate, based upon on an affidavit on information and

 

belief, that an imminent threat to the integrity of the sport, the

 

public interest, and or the welfare and safety of a professional

 

exists. Thereafter, the proceedings described in this chapter shall

 

be promptly commenced and decided.

 

     (2) A person whose license has been is summarily suspended

 

under this section may petition the department commission to


 

dissolve the order. Upon receiving When it receives a petition, the

 

department commission shall immediately shall schedule a hearing

 

before an administrative law hearings examiner to decide whether to

 

grant or deny the requested relief dissolve the order.

 

     (3) An At the hearing described in subsection (2), an

 

administrative law hearings examiner shall grant the requested

 

relief dissolving dissolve the summary suspension order, unless

 

sufficient evidence is presented that an imminent threat to the

 

integrity of the sport, the public interest, and or the welfare and

 

safety of a professional exists that requires emergency action and

 

continuation of the department's commission's summary suspension

 

order.

 

     (4) The record created at the a hearing described in

 

subsection (2) to dissolve a summary suspension order shall become

 

part of the record on the complaint at a any subsequent hearing in

 

a contested case on the complaint.

 

     (5) A summary suspension of a professional under section 48(6)

 

for refusal or failure to submit to a drug test or for the presence

 

of controlled substances, enhancers, prohibited drugs, or other

 

prohibited substances , as described in section 48(7), shall

 

proceed under this section.

 

     Sec. 43. (1) After an investigation has been is conducted

 

under this chapter, the executive director may order a person to

 

cease and desist from a violation of this act or a rule promulgated

 

or an order issued under this act.

 

     (2) A person ordered to cease and desist may request a hearing

 

before the department if commission by filing a written request for


 

a hearing is filed within 30 days after the effective date of the

 

order.

 

     (3) Upon a violation of If a cease and desist order issued

 

under this act is violated, the department of attorney general may

 

apply to a court of competent jurisdiction to restrain and enjoin,

 

temporarily or permanently, or both, a person from further

 

violating a the cease and desist order.

 

     Sec. 44. (1) A summary suspension order, cease and desist

 

order, or injunctive relief issued or granted in relation to

 

concerning a license is in addition to and not in place of an

 

informal conference; criminal prosecution; or proceeding to deny,

 

revoke, or suspend a license; or any other action authorized by

 

this act.

 

     (2) After an investigation has been described in subsection

 

(1) is conducted and a formal complaint prepared, the department

 

commission shall serve the formal complaint upon on the respondent

 

and the complainant. At the same time, the department commission

 

shall serve the respondent with a notice describing the compliance

 

conference and hearing process and offering the respondent a choice

 

of 1 of the following opportunities options:

 

     (a) An opportunity to meet participate in an informal

 

conference under section 41(6) with the department commission to

 

negotiate a settlement of the matter.

 

     (b) If the respondent is a licensee or registrant under this

 

act, an opportunity to demonstrate its compliance prior to holding

 

a with this act or rules promulgated or orders issued under this

 

act before the contested case hearing is held.


 

     (c) An opportunity to proceed to a with the contested case

 

hearing.

 

     (3) A If a respondent upon whom service of is served with a

 

formal complaint has been made pursuant to under this section, the

 

respondent may select, within 15 days after the receipt of

 

receiving the notice described in subsection (2), 1 of the options

 

described in that subsection. (2). If a respondent does not select

 

1 of those options within the that 15-day time period, described in

 

this section, then the department commission shall proceed to a

 

with the contested case hearing as described in subsection (2)(c).

 

     (4) An informal conference may be attended by a member of the

 

commission, at the discretion of that commission, and under

 

subsection (2)(a) may result in a settlement, consent order,

 

waiver, default, or other method of settlement agreed upon to by

 

the parties and the department. commission. A settlement may

 

include the revocation or suspension of a license; censure;

 

probation; restitution; or a penalty provided for in under section

 

48. The If the commission may reject does not agree to a settlement

 

and require under this subsection, it may proceed with a contested

 

case hearing under subsection (2)(c).

 

     (5) An employee of the department commission may represent the

 

department commission in any contested case hearing under this

 

section.

 

     (6) This chapter does not prevent a person against whom which

 

a complaint has been is filed from showing compliance with this act

 

or a rule promulgated or an order promulgated or issued under this

 

act under subsection (2)(b).


 

     (7) If an informal conference described in subsection (4) is

 

not held or does not result in a settlement of a complaint, the

 

department commission shall allow the respondent an administrative

 

hearing. A hearing under this section may be attended by a member

 

of the commission.

 

     (8) The department commission or the department of the

 

attorney general may petition a court of competent jurisdiction to

 

issue a subpoena which shall require that requires the person

 

subpoenaed to appear or testify or produce relevant documentary

 

material for examination at a proceeding.

 

     Sec. 45. (1) At the conclusion of a hearing conducted under

 

section 44(7), the administrative law hearings examiner shall

 

submit a determination of findings of fact and conclusions of law

 

to the department commission and the department of the attorney

 

general and the commission, in a hearing report. The submitted

 

hearing report may recommend the penalties to be assessed as

 

prescribed imposition of 1 or more of the remedies described in

 

section 48.

 

     (2) A The commission shall provide a copy of a hearing report

 

shall be submitted described in subsection (1) to the person who

 

that made the complaint and to the person against whom which the

 

complaint was lodged submitted.

 

     (3) Within 60 days after receipt of it receives an

 

administrative law hearings examiner's hearing report under

 

subsection (1), the commission shall meet and make a determination

 

of the penalties to be assessed remedies it intends to impose under

 

section 48. The commission's determination shall be made on the


 

basis of the administrative law hearings examiner's report. A The

 

hearings examiner shall make a transcript of a hearing or a portion

 

of the transcript shall be made available to the commission upon on

 

request. If a transcript or a portion of the transcript is

 

requested, the commission's commission shall make its determination

 

of the penalty or penalties to be assessed remedies it intends to

 

impose under section 48 shall be made at a meeting held within 60

 

days after receipt of a it receives the transcript or portion of

 

the transcript.

 

     (4) If the commission does not determine the appropriate

 

penalty or penalties to be assessed within the time limits

 

prescribed by subsection (3), the make its determination within

 

that 60-day period, the executive director may determine the

 

appropriate penalty remedy and issue a final order.

 

     (4) (5) A member of the commission who has participated in an

 

investigation or administrative hearing on a complaint filed with

 

the department under this chapter or who has attended an informal

 

conference shall not participate in making a final determination in

 

a proceeding on that complaint.

 

     Sec. 46. (1) A person seeking a license or renewal under this

 

act may petition the department and the commission for a review if

 

that person does not receive a license or renewal.

 

     (2) A person shall submit a petition submitted under described

 

in subsection (1) shall be in writing. and shall set forth The

 

petition shall include the reasons the petitioner feels the

 

licensure or renewal should be issued believes the commission

 

should grant the license or renewal.


 

     (3) In considering a petition submitted under subsection (1),

 

the department and (2), the commission may administer an

 

alternative form of testing to the petitioner or conduct a personal

 

interview with the petitioner, or both.

 

     (4) The department commission may issue a license or renewal

 

if, based on a review of the qualifications of the person who

 

submitted a petition under subsection (1), the department and (2),

 

the commission determine determines that the person could can

 

perform the licensed activity with competence.

 

     (5) Notwithstanding any other provision of this act, if a

 

written grievance was lodged before the effective date of this act

 

against a person licensed under an act repealed by this act, the

 

proceedings on that grievance shall be conducted in the manner

 

prescribed in the repealed act.

 

     Sec. 47. (1) The department commission shall initiate an

 

action under this chapter against an applicant or take any other

 

allowable action against the license of any contestant, promoter,

 

or other participant who the department if the commission

 

determines has done that applicant or licensee meets any of the

 

following:

 

     (a) Enters into a contract for a contest or exhibition in bad

 

faith.

 

     (b) Participates in any sham or fake contest or exhibition.

 

     (c) Participates in a contest or exhibition pursuant to a

 

collusive understanding or agreement in which the contestant

 

competes or terminates the contest or exhibition in a manner that

 

is not based upon on honest competition or the honest exhibition of


 

the skill of the contestant.

 

     (d) Is determined to have failed to give his or her best

 

efforts, failed to compete honestly, or failed to give an honest

 

exhibition of his or her skills in a contest or exhibition.

 

     (e) Is determined to have performed an act or engaged in

 

conduct that is detrimental to a contest or exhibition, including,

 

but not limited to, any foul or unsportsmanlike conduct in

 

connection with a contest or exhibition.

 

     (f) Gambles on the outcome of a contest or exhibition in which

 

he or she is a contestant, promoter, matchmaker, ring official, or

 

second.

 

     (g) Assaults another licensee, commission member, or

 

department commission employee while not involved in or while

 

outside the normal course of a contest or exhibition.

 

     (h) Practices fraud or deceit in obtaining a license.

 

     (2) The department commission, in consultation with the

 

commission department, shall promulgate rules to provide for both

 

of the following:

 

     (a) The timing of drug tests for contestants.

 

     (b) Specific summary suspension procedures for contestants and

 

participants who test positive for drugs, or fail to submit to a

 

drug postexhibition test, under section 48(4). The rules shall

 

include all of the following:

 

     (i) A procedure to allow the department commission to place the

 

licensee upon on the national suspension list maintained by the

 

association of boxing commissioners.

 

     (ii) An expedited appeal process for the summary suspension.


 

     (iii) A relicensing procedure following summary suspension.

 

     (3) An employee of the department commission must be present

 

at all weigh-ins, medical examinations, contests, exhibitions, and

 

matches to ensure that this act and rules promulgated under this

 

act are strictly enforced.

 

     (4) Each promoter shall furnish each member of the commission

 

present at a contest or exhibition a seat in the area immediately

 

adjacent to the contest or exhibition. An additional seat shall be

 

provided in the venue.

 

     (4) (5) The commission chair , or a commission member or

 

employee assigned by the chair , or a department official

 

designated by the commission chair shall have final authority

 

involving any conflict at a contest, exhibition, or match and shall

 

advise the chief inspector in charge accordingly. In the absence of

 

the chair, an assigned member, or a department official or a

 

commission member or employee designated by the commission chair,

 

the chief inspector in charge shall be has the final decision-

 

making authority described in this subsection.

 

     Sec. 48. (1) Upon receipt of If it receives an application for

 

reinstatement and the payment of an any administrative fine

 

prescribed by the commission, the commission may reinstate a

 

revoked license or lift a suspension. If disciplinary action is

 

taken against a person under this act that does not relate to a

 

contest or exhibition, the commission may, in lieu of suspending or

 

revoking a license, prescribe an administrative fine not to in an

 

amount that does not exceed $10,000.00. If disciplinary action is

 

taken against a person under this act that relates to the


 

preparation for a contest or an exhibition, the occurrence of a

 

contest or an exhibition, or any other action taken in conjunction

 

with a contest or an exhibition, the commission may prescribe an

 

administrative fine in an amount not to that does not exceed 100%

 

of the share of the purse to which the holder of the license is

 

entitled for the contest or exhibition or an administrative fine

 

not to that does not exceed $100,000.00 in the case of to any other

 

person. This The commission may prescribe an administrative fine

 

may be imposed under this subsection in addition to, or in lieu of,

 

any other disciplinary action that is taken the commission takes

 

against the that person. by the commission.

 

     (2) If an administrative fine is imposed under this section,

 

subsection (1), the commission may recover the costs of the

 

proceeding, including investigative costs and attorney fees. The

 

department commission or the attorney general may bring an action

 

in a court of competent jurisdiction to recover any administrative

 

fines, investigative and other allowable costs, and attorney fees.

 

The filing of an action to recover fines and costs does not bar the

 

imposition of other sanctions or remedies under this act.

 

     (3) An employee of the department commission, in consultation

 

with any commission member present, may issue an order to withhold

 

the a purse for 3 business days due to if there is a violation of

 

this act or a rule promulgated under this act. During that 72-hour

 

time period, the commission may convene a special meeting to

 

determine if the action of the its employee of the department was

 

warranted. If the commission determines that the action was

 

warranted, the department commission shall offer to hold an


 

administrative hearing as soon as practicable but within at least 7

 

calendar days after the special meeting.

 

     (4) A professional or participant in a professional contest or

 

exhibition shall submit to a postexhibition test of body fluids to

 

determine the presence of controlled substances, prohibited

 

substances, or enhancers. The department commission shall

 

promulgate rules to set requirements regarding preexhibition tests

 

of body fluids to determine the presence of controlled substances,

 

prohibited substances, or enhancers.

 

     (5) The promoter is responsible for the cost of the testing

 

performed under this section.

 

     (6) Either of the following is grounds for summary suspension

 

of the individual's license in the manner provided for in under

 

section 42:

 

     (a) A test resulting in a finding of the presence of

 

controlled substances, enhancers, or other prohibited substances as

 

determined by rule of the commission.

 

     (b) The refusal or failure of a contestant to submit to the

 

drug testing ordered by an authorized person.

 

     Sec. 50. (1) Boxing A boxing elimination contests in which

 

contest that meets all of the following apply are is exempt from

 

this act:

 

     (a) The contestants compete for prizes only in elimination

 

contests and are not also professional boxers competing in 4 or

 

more rounds of nonelimination boxing.

 

     (b) Each bout is scheduled to consist of 3 or fewer 1-minute

 

rounds, with contests conducted on no more than 2 consecutive


 

calendar days.

 

     (c) Competing contestants are prohibited from boxing for more

 

than 12 minutes on each contest day.

 

     (d) The contestants participating in the elimination contest

 

are insured by the promoter for all medical and hospital expenses,

 

to be paid payable to the contestants to cover injuries sustained

 

in the contest.

 

     (e) A physician is in attendance at ringside and the physician

 

has authority to stop the contest for medical reasons.

 

     (f) All contestants pass a physical examination given by a

 

physician, a licensed physician's assistant, or a certified nurse

 

practitioner before the contest.

 

     (g) A preliminary breath test is administered to each

 

contestant which and the test indicates a blood alcohol content of

 

.02% or less.

 

     (h) The promoter conducts the elimination contest in

 

compliance with all of the following:

 

     (i) A contestant who has lost by a technical knockout is not

 

permitted to compete again for a period of 30 calendar days or

 

until the contestant has submitted to the promoter the results of a

 

physical examination equivalent to that required of professional

 

boxers.

 

     (ii) The ringside physician examines a contestant who has been

 

is knocked out in an elimination contest or whose fight has been is

 

stopped by the referee because he or she received hard blows to the

 

head that made him or her defenseless or incapable of continuing

 

immediately after the knockout or stoppage. The ringside physician


 

may recommend that post-fight neurological examinations, which may

 

include computerized axial tomography (CAT) scans or magnetic

 

resonance imaging (MRI), to be are performed on the contestant

 

immediately after the contestant leaves the location of the

 

contest. The promoter shall not permit the contestant to compete

 

until a physician has certified that the contestant is fit to

 

compete. If the physician recommended further neurological

 

examinations, the promoter shall not permit the contestant to

 

compete until the promoter receives copies of examination reports

 

demonstrating that the contestant is fit to compete.

 

     (iii) The promoter requires that a contestant who has sustained

 

sustains a severe injury or knockout in an elimination contest be

 

is examined by a physician. The promoter shall not permit the

 

contestant to compete until the physician has certified certifies

 

that the contestant has fully recovered.

 

     (iv) The promoter does not permit a contestant to compete in an

 

elimination contest for a period of not less than at least 60 days

 

if he or she has been is knocked out or has received receives

 

excessive hard blows to the head that required caused the referee

 

to stop the fight. to be stopped.

 

     (v) A contestant who has been is knocked out twice in a period

 

of 3 months or who has had excessive head blows causing a fight to

 

be stopped is not permitted by a promoter to participate in an

 

elimination contest for a period of not less than at least 120 days

 

from after the second knockout or stoppage.

 

     (vi) A contestant who has been is knocked out or had has

 

excessive hard blows to the head causing the referee to stop a


 

fight to be stopped 3 times consecutively in a period of 12 months

 

is not permitted by a promoter to participate in an elimination

 

contest for a period of 1 year from after the third knockout.

 

     (vii) Before resuming competition after any of the periods of

 

rest prescribed in required under subparagraphs (iv), (v), and (vi),

 

a promoter requires the contestant to produce a certification by a

 

physician stating that the contestant is fit to take part in an

 

elimination contest.

 

     (2) As part of the physical examination given before the a

 

boxing elimination contest described in subsection (1), the

 

physician, licensed physician's assistant, certified nurse

 

practitioner, or other trained person shall administer a

 

preliminary breath test in compliance that complies with standards

 

imposed in rules promulgated by the department of state police

 

regarding equipment calibration and methods of administration. The

 

promoter shall keep a log of a contestant's preliminary breath test

 

results of contestants on file at its place of business for at

 

least 3 years after the date of administration of the test. These

 

The promoters shall make those test results shall be made available

 

to law enforcement officials upon on request.

 

     Sec. 51. (1) A physician, licensed physician's assistant,

 

certified nurse practitioner, referee, judge, matchmaker,

 

timekeeper, professional boxer, contestant, or manager, or a second

 

of those persons, shall obtain a participant license from the

 

department commission before participating either directly or

 

indirectly in a contest or exhibition.

 

     (2) An application for a participant license shall be in


 

writing, shall be verified by the applicant, and shall set forth

 

those facts requested by and conform to the rules promulgated by

 

the department commission.

 

     (3) The department commission shall issue a passport with each

 

professional contestant's license.

 

     (4) The commission, or a Any member of the commission , has

 

standing to contest the issuance or nonissuance of a decision by

 

the commission to grant or deny an exhibition or other license, by

 

written or electronic communication to the department commission.

 

     Sec. 52. (1) A person The commission may require that an

 

individual seeking a license under this act as a judge or referee

 

may be required to satisfactorily pass an examination or training

 

program acceptable to the department commission.

 

     (2) A person The commission shall not grant a license to an

 

individual seeking a license under this act as a judge, referee, or

 

contestant shall if he or she does not pass a physical examination

 

that is performed by a licensed physician, a licensed physician's

 

assistant, or a certified nurse practitioner acceptable to the

 

department and the commission.

 

     (3) Until the expiration of 1 year after the effective date of

 

this act, the department During the 1-year period after the

 

effective date of the amendatory act that repealed section 62, the

 

commission shall issue an equivalent license without an examination

 

to a any person who is licensed in any capacity by the department

 

under former article 8 of the occupational code, 1980 PA 299, this

 

act on the effective date of this act upon application that

 

amendatory act and applies to the commission for an equivalent


 

license on a form provided by the department commission.

 

     Sec. 53. (1) In addition to the requirements of section 52, a

 

person an individual seeking a license as a professional referee,

 

judge, or timekeeper shall must referee, judge, or keep time for a

 

minimum of 300 rounds of amateur competitive boxing to be eligible

 

for that license. To the extent standards are not contained in the

 

mixed martial arts unified rules incorporated by reference under

 

section 22(7), 22(9), the department commission shall promulgate

 

rules establishing standards for a person an individual seeking

 

licensure a license as a mixed martial arts professional referee,

 

judge, or timekeeper.

 

     (2) After a person has If an individual successfully completed

 

the requirements of section 51(2) and subsection (1), the

 

department commission may issue the person a license to that

 

individual.

 

     Sec. 54. (1) In addition to the requirements of section 53, a

 

person an individual seeking a license as a professional judge

 

shall must score, unofficially, not fewer than 200 rounds of

 

professional boxing to be eligible for that license. In order to

 

fulfill the requirements of this subsection, an applicant shall

 

only unofficially judge contests that are approved by the

 

commission for that purpose. An applicant shall not receive

 

compensation for judging boxing contests or exhibitions under this

 

subsection. Scorecards shall be transmitted to the department and

 

The promoter shall transmit scorecards to the commission for review

 

and evaluation for purposes of this subsection.

 

     (2) To the extent standards are not contained in the mixed


 

martial arts unified rules incorporated by reference under section

 

22(7), 22(9), the department commission shall promulgate rules

 

establishing experience standards for a person seeking licensure a

 

license as a mixed martial arts professional judge.

 

     (3) An employee authorized by the department or the commission

 

shall complete a standardized evaluation sheet for each contest or

 

exhibition judged by a licensee. The commission shall annually

 

review the evaluation sheets. A commission member attending a

 

contest or exhibition may also submit to the department commission

 

a standardized evaluation sheet.

 

     Sec. 55. (1) A promoter shall insure each professional

 

participating in a contest or exhibition shall be insured by the

 

promoter for not less than at least $50,000.00 for medical and

 

hospital expenses, to be paid payable to the contestant to cover

 

injuries sustained in the contest, and for not less than at least

 

$50,000.00 to be paid payable in accordance with the statutes of

 

descent and distribution of personal property if the contestant

 

should die dies as a result of injuries received in a boxing

 

contest or exhibition.

 

     (2) A promoter shall pay the policy premium and deductible

 

regarding any medical or hospital expenses for a contestant's

 

injuries.

 

     Sec. 56. (1) A professional boxing contest or exhibition shall

 

be of not more than exceed 10 rounds, in length, except that a

 

boxing contest or exhibition which that involves a national or

 

international championship may last not more than up to 12 rounds

 

in the determination of the department. The contestants shall wear


 

during a contest gloves weighing at least 8 ounces each. Rounds

 

shall be not longer than exceed 3 minutes, with not less than 1-

 

minute at least 1 minute of rest between rounds.

 

     (2) A professional or participant in a contest or exhibition

 

shall be certified to be in proper physical condition by a licensed

 

physician, a licensed physician's assistant, or a certified nurse

 

practitioner before participating in a contest or exhibition. The

 

department shall designate any commission by rule may require a

 

specific medical test that may be required or tests to determine if

 

the individual is in proper physical condition.

 

     Sec. 57. (1) A The promoter shall ensure that a licensed

 

physician shall be in attendance at attends each contest or

 

exhibition. The physician shall observe the physical condition of

 

the contestants and advise the referee or judges with regard to the

 

health of those contestants. The physician shall examine each

 

contestant before entering he or she enters the ring.

 

     (2) The licensed physician described in subsection (1) shall

 

file with the commission the report of the physical examination of

 

a each contestant not later than within 24 hours after termination

 

of the contest or exhibition ends.

 

     (3) If, in the opinion of the a physician described in

 

subsection (1), the health or safety of a contestant requires that

 

the termination of the contest or exhibition in which he or she is

 

participating, be terminated, the physician shall notify the

 

referee . The and the referee shall terminate the contest or

 

exhibition.

 

     Sec. 58. (1) If a contestant or participant loses


 

consciousness during or as a result of a contest or exhibition in

 

which he or she participates, he or she shall not again be is not

 

eligible to participate in a contest or exhibition in this state

 

unless until he or she is examined by a physician appointed by the

 

commission and unless the that physician certifies the contestant's

 

or participant's fitness to participate in that contest or

 

exhibition.

 

     (2) The contestant or participant shall pay the cost of the an

 

examination conducted under subsection (1).

 

     Sec. 61. (1) Except as rescinded, rules Rules promulgated

 

under former article 8 of the occupational code , 1980 PA 299, MCL

 

339.801 to 339.814, retain authorization under this act.and in

 

effect on February 20, 2005 remain in effect until rescinded or

 

otherwise changed in the manner provided by law.

 

     (2) Rules promulgated by the department or director and in

 

effect on the effective date of the amendatory act that repealed

 

section 62 remain in effect until rescinded or otherwise changed in

 

the manner provided by law.

 

     Sec. 63. This act does not take effect unless House Bill No.

 

4336 of the 92nd Legislature is enacted into law.A record or

 

portion of a record, material, information, or other data received,

 

prepared, used, or retained by the commission under this act that

 

includes a trade secret or commercial, financial, or proprietary

 

information of a licensee or license applicant, and that the

 

licensee or applicant requests in writing be treated as

 

confidential by the commission, is not subject to the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246. As used in this


 

section, "trade secret or commercial, financial, or proprietary

 

information" means information that has not been publicly

 

disseminated or that is unavailable from other sources, the release

 

of which might cause the licensee or applicant significant

 

competitive harm.

 

     Enacting section 1. Section 62 of the Michigan unarmed combat

 

regulatory act, 2004 PA 403, MCL 338.3662, is repealed.

 

     Enacting section 2. This amendatory act takes effect January

 

1, 2012.