SB-0152, As Passed House, October 21, 2015

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 152

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2004 PA 403, entitled

 

"Michigan unarmed combat regulatory act,"

 

by amending the title and sections 10, 11, 12, 20, 21, 22, 30, 31,

 

33, 34, 35, 40, 41, 42, 44, 45, 47, 48, 55, 57, and 58 (MCL

 

338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622,

 

338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640,

 

338.3641, 338.3642, 338.3644, 338.3645, 338.3647, 338.3648,

 

338.3655, 338.3657, and 338.3658), sections 10, 11, 12, 21, 31, 34,

 

35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20

 

and 33 as amended by 2012 PA 546, and section 22 as amended by 2010

 

PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and

 

54a; 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; the conduct of


 

certain unarmed combat events and contests; to create certain

 

commissions and to provide certain the Michigan unarmed combat

 

commission and establish its powers and duties; to provide for the

 

powers and duties for of certain state agencies and departments; to

 

license and regulate certain promoters, contestants, and other

 

persons engaged in boxing, certain persons connected to the

 

business of boxing , and certain persons conducting certain

 

contests and exhibitions; and mixed martial arts; to confer

 

immunity under certain circumstances; to provide for the conducting

 

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

 

to promulgate establish the Michigan unarmed combat 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. 10. As used in this act:

 

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

 

     (i) 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.register with USA

 

Boxing, or any other amateur boxing organization recognized by the

 

department to participate.

 

     (b) "Boxer" means an individual who is licensed to engage in

 

boxing.

 

     (c) "Boxing" means the sport of attack and defense with fists,

 

using padded gloves, in a square ring.


 

     (d) "Chemical dependency" means that term as defined in

 

section 16106a of the public health code, 1978 PA 368, MCL

 

333.16106a.

 

     (e) (b) "Commission" means the Michigan unarmed combat

 

commission created in section 20.

 

     (f) (c) "Complainant" means a person who has filed that files

 

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

 

to who act as the complainant.

 

     (g) "Contest" means an individual bout between 2 boxers, 2

 

mixed martial artists, or 2 individuals engaged in other unarmed

 

combat that is subject to this act.

 

     (h) "Contestant" means an individual who competes in an

 

unarmed combat contest or event.

 

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

 

economic growth.licensing and regulatory affairs.

 

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

 

or her designee.

 

     (k) "Emergency medical technician" means that term as defined

 

in section 20904 of the public health code, 1978 PA 368, MCL

 

333.20904.

 

     (l) (f) "Employee of the department" means an individual who is

 

employed by the department, or a person that is under contract to

 

the department, whose duty it is to enforce the provisions of this

 

act or rules promulgated or orders issued under this act.


 

     (m) "Event" means a program of unarmed combat that is planned

 

for a specific date and time by a promoter and is subject to the

 

approval of the department under this act.

 

     (n) (g) "Fund" means the Michigan unarmed combat fund created

 

in section 22.

 

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

 

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

 

     (p) "Impaired" means the inability or immediately impending

 

inability of an individual to safely participate in a contest or

 

event due to his or her substance abuse, chemical dependency, or

 

use of drugs or alcohol that does not constitute substance abuse or

 

chemical dependency.

 

     (q) "Matchmaker" means an individual who is responsible for

 

arranging individual contests of unarmed combat.

 

     (r) "Medical clearance" means a determination by a physician,

 

made with reasonable medical certainty, that a contestant does not

 

have a medical condition that would prevent him or her from being

 

able to participate in an event or contest.

 

     (s) "Mixed martial artist" means an individual who is licensed

 

to compete in a mixed martial arts event or contest.

 

     (t) (i) "Mixed martial arts" means unarmed a form of combat,

 

involving either amateur or professional, that involves the use of

 

a combination of techniques from different disciplines of the

 

martial arts, and includes including grappling, kicking, jujitsu,

 

and striking, subject to the limitations contained in this act and

 

rules promulgated under this act.

 

     Sec. 11. As used in this act:


 

     (a) "Participant" means a referee, judge, matchmaker,

 

timekeeper, contestant, or promoter.

 

     (b) "Person" means any of the following:

 

     (i) An individual, corporation, limited liability company,

 

partnership, association, or other legal entity.

 

     (ii) A department, board, commission, agency, or authority of

 

the United States, this state, or a political subdivision of this

 

state or a public school, community college, or university.

 

     (iii) A training center or a school or other educational

 

institution.

 

     (iv) A combination of persons described in subparagraphs (i) to

 

(iii).

 

     (c) (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.

 

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

 

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

 

match.currency or any other valuable compensation or reward offered

 

or given to a contestant. The term does not include a watch, medal,

 

article of jewelry, trophy, or ornament that is suitably inscribed

 

to show that it is given for participation in a contest and costs

 

$200.00 or less.

 

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

 

competing or has competed in boxing or mixed martial arts unarmed

 

combat for a money prize.

 

     (f) (d) "Promoter" means any a person who that produces or

 

stages, any professional contest or exhibition of boxing or mixed


 

martial arts, or both, but does not include the venue where the

 

exhibition or contest is being held unless the venue contracts with

 

the individual promoter to be a co-promoter.in whole or in part, an

 

unarmed combat contest or event.

 

     (g) (e) "Purse" means the financial guarantee a prize or any

 

other remuneration for which professionals are participating in a

 

contest or exhibition and includes the professional's share of any

 

payment received for radio, television, or motion picture

 

rights.offered to contestants to compete in a contest or event. The

 

term includes a professional's share of any payment received for

 

radio, television, motion picture rights, or other media.

 

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

 

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

 

or is required to be licensed under this act.

 

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

 

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

 

24.328.

 

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

 

institution formed or operated principally to provide instruction

 

in boxing and other sports.

 

     (j) "Settlement" means an agreement, stipulation, consent

 

order, waiver, default, or other method of settlement of a

 

complaint that is agreed to by the parties and the department.

 

     (k) "Substance abuse" means that term as defined in section

 

16106a of the public health code, 1978 PA 368, MCL 333.16106a.

 

     (l) "Training center" means an institution that is formed or

 

operated principally to provide instruction in boxing, mixed


 

martial arts, or other sports.

 

     (m) "Unarmed combat" means any of the following:

 

     (i) Professional boxing.

 

     (ii) Professional or amateur mixed martial arts.

 

     (iii) Any other form of competition in which a blow is usually

 

struck or another fighting technique is applied that may reasonably

 

be expected to inflict injury.

 

     Sec. 12. (1) This act does not apply to any of the following:

 

     (a) Professional or amateur wrestling.

 

     (b) Amateur martial arts sports or activities.

 

     (b) (c) Contests or exhibitions An event that is conducted by

 

or participated in exclusively by an agency of the United States

 

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

 

organization that is composed exclusively of those entities if each

 

participant contestant is an amateur.

 

     (c) (d) Amateur boxing regulated by the amateur sports act of

 

1978, 36 USC 371. An event that is sponsored by or under the

 

supervision of the United States Olympic Committee in which all of

 

the contestants are amateur boxers.

 

     (e) Boxing elimination contests regulated by section 50.

 

     (f) Amateur mixed martial arts.

 

     (d) An amateur boxing event that is sponsored by or under the

 

supervision of USA Boxing or any of the following organizations

 

affiliated with USA Boxing:

 

     (i) Golden Gloves Association of America Inc.

 

     (ii) National Association of Police Athletic League.

 

     (iii) National Collegiate Boxing Association.


 

     (iv) Native American Sports Council.

 

     (v) Silver Gloves Association.

 

     (2) Boxing elimination contests regulated under section 50 are

 

not subject to the other provisions of this act.

 

     Sec. 20. (1) The Michigan unarmed combat commission is created

 

in the department. The commission shall consist of the director,

 

serving 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, as follows:

 

     (a) Four members who have experience, knowledge, or background

 

in boxing.

 

     (b) Four members who have experience, knowledge, or background

 

in mixed martial arts.

 

     (c) Three members who are members of the general public.

 

     (2) The department shall provide the budgeting, procurement,

 

human resources, information technology, and related management

 

functions of the commission.

 

     (3) Except as otherwise provided in this subsection, the 11

 

members appointed by the governor of the commission shall serve a

 

term of 4 years. However, of the initial members appointed under

 

this act, the governor shall appoint 2 of the members to terms of 4

 

years, 2 of the members to terms of 2 years, and 3 of the members

 

to terms of 1 year. Members appointed by the governor serve at the

 

pleasure of the governor.

 

     (4) Subject to subsection subsections (5) and (6), 7 members

 

of the commission constitute a quorum for the exercise of the

 

authority conferred on of the commission under this act. Subject to


 

subsection subsections (5) and (6), approval by at least 4 of the

 

members, or by a majority of those members who have not

 

participated in an investigation or administrative hearing

 

regarding a matter before the commission, is necessary for action

 

by the commission.

 

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

 

commission is designated by the director as related only to boxing:

 

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

 

commission members described in subsection (1)(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

 

(1)(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 director as related only to mixed

 

martial arts:

 

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

 

commission members described in subsection (1)(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

 

(1)(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) While serving as a member of the commission, an individual

 

shall not promote or sponsor any contest or exhibition event of

 

boxing, any unarmed combat, or a combination of those contests or

 

events, or have any financial interest in the promotion or

 

sponsorship of those contests or exhibitions. events. The

 

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

 

request and at the discretion of The chair in his or her discretion

 

may cancel 1 or more of these meetings if he or she determines that

 

there is no business to conduct at a meeting. If requested by the

 

chair, the department shall may schedule additional interim

 

meetings.

 

     (8) Except as otherwise provided in sections 33(9) 33(10) and

 

61a, 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) 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 a club, corporation, or other 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 if the primary purpose

 

of that organization is to conduct unarmed combat contests or

 

events.

 

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

 

the chair of the commission. The commission may purchase and use a

 

seal.


 

     (2) The director shall review the rules of the Association of

 

Boxing Commissions before he or she promulgates rules for the

 

administration of this act and may adopt by reference any of the

 

rules of the Association of Boxing Commissions that are not

 

inconsistent with this act.

 

     (3) The director may promulgate shall consult with the

 

commission before he or she promulgates rules for the

 

administration of this act. but only after first consulting with

 

the commission. The commission may request that the department to

 

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 shall respond

 

in writing to any request for rule promulgating by the commission

 

from the commission 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 director shall promulgate rules to

 

include establish all of the following and may establish any

 

additional rules the director considers are necessary to administer

 

and enforce this act:

 

     (a) Number and qualifications of ring officials required at

 

any exhibition event or contest.

 

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

 

     (c) Qualifications, activities, and responsibilities 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.

 

     (g) Standards to protect the health and safety of contestants

 

participating in contests and events.

 

     (5) (3) An The Michigan unarmed combat 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 director is the administrator of the fund, including

 

for auditing purposes.

 

     (b) The department shall use the money in the fund, is to be

 

on 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 of attorney general for the reasonable

 

costs of services provided to the department 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.

 

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

 

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

 

earnings from fund investments.

 

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

 

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


 

     (e) The department 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 department and commission may affiliate with any

 

other state or national boxing, or mixed martial arts, or unarmed

 

combat commission or athletic authority. The commission, upon with

 

the approval of the director, may enter into any appropriate

 

reciprocity agreements.

 

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

 

management, control, and jurisdiction over all professional boxing,

 

and professional or amateur mixed martial arts, or unarmed combat

 

contests or exhibitions to be events conducted , held, or given

 

within the in this state. of Michigan. Except for any contests or

 

exhibitions a contest or event that is exempt from under this act,

 

a person shall not conduct a contest or exhibition shall not be

 

conducted, held, or given within event in this state except in

 

compliance with this act.

 

     (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 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. The standards

 

contained in 13:46-24B.3 are not incorporated by reference.

 

     Sec. 30. (1) A person shall not conduct a contest or event

 

that is regulated under this act without a promoter's license under

 

this act, or engage in or attempt to engage in an any other

 

activity regulated under this act unless the person possesses a

 

without the applicable license issued by the department or under

 

this act, unless the person 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 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 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 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 investigation may be conducted by the department to

 

enforce this section. A person who violates this section is subject

 

to the strictures prescribed in this section and section 43.

 

     (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.

 

     (2) An annual license issued under this act expires on August

 

31 of the calendar year following the year in which the license was

 

issued.

 

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

 

does both of the following:

 

     (a) Certifies his or her the applicant's general suitability,

 

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

 

associated with boxing or mixed martial arts contests or

 

exhibitions. events. 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 the 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. 33. (1) An application for a promoter's license must be

 

in writing and shall include the legal 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 the department grants an approval for a contest or

 

exhibition, event, the promoter must file submit a bond with to the

 

department that meets all of the following:

 

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

 

$20,000.00 or more than $50,000.00. The applicant shall execute the

 

bond

 

     (b) Is executed by the promoter as principal. , and the bond

 

shall be

 

     (c) Is issued by a corporation that is qualified under the

 

laws of this state as a surety. ,

 

     (d) Is payable to the state of Michigan. , and


 

conditioned on the faithful performance by the applicant of the

 

provisions of this act. The bond must be

 

     (e) Is purchased at least 5 days before the contest. or

 

exhibition and may be used to satisfy payment for the

 

professionals, costs to the department for ring officials and

 

physicians, and drug tests.

 

     (f) Is conditioned on the faithful distribution of all money

 

owed by the promoter as a result of the event.

 

     (g) Is for the benefit of any person that is damaged by the

 

promoter's nonpayment of any liabilities associated with the event.

 

     (h) Allows any affected person to bring an action on the bond.

 

     (i) Remains in effect until all complaints properly filed with

 

the department for nonpayment of obligations covered by the bond

 

are fully adjudicated. A complaint is not properly filed if it is

 

not filed within 30 business days following the event covered by

 

the bond.

 

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

 

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

 

exhibitions events regulated under this act. The annual license fee

 

is $250.00. $300.00. The department shall request, and the

 

applicant shall provide, any information that the department

 

determines is necessary to ascertain the financial stability of the

 

applicant. Section 61a applies to any information provided by an

 

applicant under this subsection.

 

     (5) A boxing promoter that conducts an event in this state

 

shall pay an event fee of $125.00. A mixed martial arts promoter

 

shall pay an event fee of $125.00.$500.00.


 

     (6) Each promoter shall pay a regulatory and enforcement fee

 

to To assure the integrity of the sports of boxing and mixed

 

martial arts, the public interest, and the welfare and safety of

 

the professionals. The amount of the fee is contestants, each

 

promoter that conducts an event in this state shall pay a

 

regulatory and enforcement fee for that event in an amount equal to

 

3% of the total gross receipts from any contracts for the sale,

 

lease, or other exploitation of broadcasting, television, and

 

motion picture rights or other media for an the event, or

 

$25,000.00, whichever is less, for a boxing or mixed martial arts

 

event to which any of the following apply:if either of the

 

following is met:

 

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

 

in a venue with a seating capacity of more than 5,000.

 

     (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) For purposes of subsection (6), at least 10 days before

 

the boxing or mixed martial arts event, the promoter shall submit

 

the any contract that is subject to the regulatory and enforcement

 

fee to the department, stating the amount of the probable total

 

gross receipts from the sale, lease, or other exploitation of

 

broadcasting, television, and motion picture rights, or other media

 

for the event. However, this subsection does not apply to a

 

promoter that agrees to pay a regulatory and enforcement fee for


 

the event in the amount under subsection (6) of $25,000.00, and the

 

department receives that payment from the promoter at least 1 3

 

business day days before the event.

 

     (8) The department shall deposit the money received from the

 

proceeds of the regulatory and enforcement fee into the fund

 

created in section 22 and use those proceeds for the purposes

 

described in that section.

 

     (9) Within 1 business day before a boxing or mixed martial

 

arts contest or exhibition, event, the promoter shall deliver to

 

the department an executed a copy of all of the executed contracts

 

between the promoter and the professionals who are participating in

 

that contest or exhibition. event. The copies of the contracts are

 

exempt from disclosure under the freedom of information act, 1976

 

PA 442, MCL 15.231 to 15.246, except that the department may

 

disclose statistical information on the number, types, and amounts

 

of contracts if information regarding identifiable individuals or

 

categories is not revealed.

 

     (10) The commission or department may perform require that a

 

promoter ensure that a contestant is available for drug testing on

 

a professional before or after a contest or exhibition to detect

 

the presence of alcohol, stimulants, or drugs, including, but not

 

limited to, performance enhancing drugs. controlled substances,

 

alcohol, enhancers, stimulants, performance enhancing drugs, or

 

other drugs or substances prohibited by rules promulgated by the

 

department, or derivatives or metabolites of controlled substances,

 

alcohol, enhancers, stimulants, performance enhancing drugs, or

 

other drugs or substances prohibited by rules promulgated by the


 

department. A professional contestant shall submit to a urinalysis

 

or chemical test before or after a contest or exhibition if the

 

commission, the department, or a designated representative of the

 

commission or department, or an inspector described in subsection

 

(11) directs him or her to do so. If a professional contestant

 

fails or refuses to submit to a urinalysis or chemical test under

 

this subsection, or the results of the urinalysis or chemical test

 

confirm or demonstrate that the professional contestant has

 

violated this act, he or she is subject to disciplinary action by

 

the commission under this act. In addition to any other

 

disciplinary action by the commission, if the professional

 

contestant won the contest or exhibition or the contest or

 

exhibition was a draw, the commission may change the result of that

 

contest or exhibition to a no decision. The department may

 

promulgate rules to define the terms "stimulants" or "performance

 

enhancing drugs."

 

     (11) A promoter shall not conduct a professional boxing,

 

professional mixed martial arts, or amateur mixed martial arts

 

event in this state unless at least 1 inspector is present at the

 

event. All of the following apply to an inspector:

 

     (a) An inspector shall not have any relationship or business

 

interest with a licensee involved in an event for which he or she

 

is the inspector.

 

     (b) An inspector shall collect and submit all contestant drug

 

tests as required by the department to ensure the chain of custody

 

of those tests.

 

     (c) An inspector must be an individual who meets any of the


Senate Bill No. 152 as amended October 20, 2015

 

following:

 

     (i) Is certified[, or was previously certified,] by the commission

on law enforcement standards

 

under the commission on law enforcement standards act, 1965 PA 203,

 

MCL 28.601 to 28.616.

 

     (ii) Is licensed by the department as a private security guard

 

or security guard agency.

 

     (iii) Is employed by a security guard agency that is licensed by

 

the department.

 

     (d) The department may promulgate rules under the

 

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

 

24.328, to establish additional duties of inspectors.

 

     (e) An inspector shall receive reasonable compensation, and

 

reimbursement of his or her actual and necessary travel expenses,

 

for attending an event.

 

     (f) The promoter of an event is responsible for payment of an

 

inspector for that event under subdivision (e).

 

     Sec. 33a. (1) Before an individual participates in a contest,

 

he or she shall obtain a contestant license from the department. To

 

obtain a contestant license, an applicant must submit all of the

 

following to the department:

 

     (a) An application that includes his or her name, address, and

 

date of birth. The department may prescribe the form and the

 

contents of the application form.

 

     (b) With the application described in subdivision (a), a

 

nonrefundable application processing fee in the amount of $45.00

 

and an annual license fee of $45.00.

 

     (c) If he or she is applying for a license as a professional


 

contestant in boxing, the identification number of his or her

 

federal identification card described in section 33d(1).

 

     (d) If he or she is applying for a license as a professional

 

contestant in mixed martial arts, the identification number of his

 

or her national identification card described in section 33d(2).

 

     (2) Except as otherwise provided in this act, the department

 

shall issue a contestant license under this section to an

 

individual who meets the contestant licensing requirements under

 

this act and rules promulgated under this act. The department shall

 

assign a license number to each license issued under this

 

subsection.

 

     (3) In any notice, report, or other communication with the

 

department or commission that identifies or refers to a specific

 

contestant, including, but not limited to, the report of the

 

results of each contest under section 54a(2)(bb), a promoter shall

 

include the license number of the contestant assigned under

 

subsection (2).

 

     (4) An individual shall not receive a contestant license under

 

this section unless he or she passes a physical examination that is

 

performed by a physician and submits the results of that

 

examination to the department on a form prescribed by the

 

department.

 

     Sec. 33b. (1) An individual shall not participate in a contest

 

or event as a referee, judge, matchmaker, or timekeeper without a

 

participant license from the department under this section. To

 

obtain a participant license, an applicant must submit all of the

 

following to the department:


 

     (a) An application. The department may prescribe the form and

 

the contents of the application form.

 

     (b) With the application described in subdivision (a), a

 

nonrefundable application processing fee in the amount of $30.00

 

and 1 of the following annual license fees, as applicable:

 

     (i) Referee license, $150.00.

 

     (ii) Judge license, $70.00.

 

     (iii) Matchmaker license, $150.00.

 

     (iv) Timekeeper license, $70.00.

 

     (2) An applicant for a referee, judge, matchmaker, or

 

timekeeper participant license must demonstrate to the satisfaction

 

of the department that he or she meets all of the following to

 

receive a license under this section:

 

     (a) Has good moral character.

 

     (b) Is at least 18 years of age.

 

     (c) Any other requirement established by rule.

 

     Sec. 33c. (1) A person that fails to renew a promoter license

 

that is required under this act on or before its expiration date

 

shall not conduct a contest or event or advertise, operate, or use

 

the title "promoter" after the license expires.

 

     (2) An individual who fails to renew a contestant license that

 

is required under this act on or before its expiration date shall

 

not participate in a contest or event or use the title "contestant"

 

after his or her license expires.

 

     (3) An individual who fails to renew a participant license

 

that is required under this act on or before its expiration date

 

shall not participate in an event or contest or use the title


 

"referee", "boxing referee", "mixed martial arts referee", "judge",

 

"boxing judge", "mixed martial arts judge", "matchmaker",

 

"timekeeper", "boxing timekeeper", or "mixed martial arts

 

timekeeper" after his or her license expires.

 

     (4) A person that does not renew a license issued under this

 

act on or before its expiration date may renew the license within

 

60 days after the expiration date by paying the required license

 

fee and paying a late renewal fee in the amount of $30.00. After

 

that 60-day period, the person may only obtain a license under this

 

act by complying with the requirements of this chapter for

 

obtaining a new license, paying the required license fee, and

 

paying a late renewal fee in the amount of $30.00.

 

     Sec 33d. (1) An individual shall not receive a license as a

 

professional contestant in boxing if he or she does not possess a

 

federal identification card. If the individual does not have a

 

federal identification card, and he or she is a resident of this

 

state or is not a resident of any state of the United States, he or

 

she shall submit a separate request to the department for a federal

 

identification card. If the individual is a resident of another

 

state, he or she must apply to that state for a federal

 

identification card.

 

     (2) An individual shall not receive a license as a

 

professional contestant in mixed martial arts if he or she does not

 

possess a national identification card. If the individual does not

 

have a national identification card, he or she shall submit a

 

separate request to the department for a national identification

 

card.


 

     (3) To obtain a federal or national identification card from

 

the department, an applicant must do all of the following:

 

     (a) Submit an application that includes his or her name,

 

address, date of birth, and any other information required by the

 

department. The department may prescribe the form and the contents

 

of the application form.

 

     (b) With the application described in subdivision (a), a

 

nonrefundable application processing fee in the amount of $20.00.

 

     (4) The department shall transmit the information about an

 

applicant described in subsection (3) to a federal or national

 

recordkeeper designed by the department and, when approved by that

 

recordkeeper, shall issue a federal or national identification card

 

that includes an identification number assigned by that

 

recordkeeper.

 

     Sec. 34. (1) The 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 in an amount

 

sufficient to cover the costs of processing a boxing or mixed

 

martial arts promoter's license, but not less than $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 and individuals having of, and each individual who has

 

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

 

entity, applicant if the applicant 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 director upon after consultation with the

 

commission.

 

     (3) The department may consult with the commission 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 at which the application is considered.

 

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

 

commission, shall may promulgate rules to set standards for boxing

 

and mixed martial arts exhibitions unarmed combat events and

 

participants, and to provide for license fees for all participants

 

in the to establish training requirements for promoters,

 

contestants, and participants regulated under this act, or to

 

establish license fees or training requirements for other

 

individuals who are engaged in activities regulated by this act 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 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 submitted to the department. The

 

department of attorney general, the department, the commission, or

 

any other person may file a complaint.

 

     Sec. 41. (1) The When it receives a complaint under section

 

40, the department , upon receipt of a complaint, shall immediately

 

shall begin its an investigation of the allegations of the

 

complaint and shall open a correspondence file. The department

 

shall make a written acknowledgment of the complaint within 15 days

 

after receipt of the it receives a complaint to the person making

 

that made the complaint. If the a complaint is made by the

 

department, the director shall designate 1 or more employees of the

 

department to act as the person making that made the complaint.

 

     (2) The department shall conduct the an investigation required

 

under subsection (1). In furtherance of As part of that

 

investigation, the department may request that the attorney general

 

petition a court of competent jurisdiction to issue a subpoena

 

requiring a person to appear before the department 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, within 30 days


 

after the department receives the complaint, shall report to the

 

director on the status of the investigation. If, for good cause

 

shown, an investigation cannot be completed within 30 days, the

 

director may extend the time in which a report may be filed.

 

     (3) (4) If the report of the investigative unit of After

 

conducting an investigation under subsection (1), if the department

 

does not disclose find that a violation of this act or a rule

 

promulgated or an order issued under this act occurred, the

 

department shall close the complaint. shall be closed by the

 

department. The department shall notify the complainant and

 

respondent of its reasons for closing the complaint, shall be

 

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

 

complainant or respondent may then provide additional information

 

to reopen the complaint.

 

     (4) (5) If the report of the investigative unit made pursuant

 

to subsection (3) discloses department investigation under

 

subsection (1) reveals evidence of a violation of this act or a

 

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

 

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(5).

 

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

 

issuance of a formal complaint is issued, the department may bring

 

together the complainant and the respondent for an informal


 

conference. At the informal conference, the department 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 may issue an order summarily suspending a

 

license based on an affidavit by a person an individual who is

 

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

 

appropriate, based upon on an affidavit made 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

 

contestant 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 to dissolve the

 

order. Upon receiving If it receives a petition to dissolve a

 

summary suspension order under this subsection, the department may

 

deny the request to dissolve the order, grant the request to

 

dissolve the order, or immediately shall schedule a hearing to

 

decide whether to grant or deny the requested relief.request to

 

dissolve the order.

 

     (3) An At a 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 contestant exists that requires emergency

 

action and continuation of the department'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 contestant under

 

section 48(5) 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.alcohol, enhancers,

 

stimulants, performance enhancing drugs, or other drugs or

 

substances prohibited by rules promulgated by the department, or

 

derivatives or metabolites of controlled substances, alcohol,

 

enhancers, stimulants, performance enhancing drugs, or other drugs

 

or substances prohibited by rules promulgated by the department,

 

shall proceed under this section.

 

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

 

order, or injunctive relief issued or granted in relation to 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 under this

 

act.

 

     (2) After an investigation has been is conducted and a formal

 

complaint is prepared, the department shall serve the formal

 

complaint upon on the respondent and the complainant. At the same

 

time, the department 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:

 

     (a) An opportunity to meet with the department to negotiate a

 

settlement of the matter.

 

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

 

act, an opportunity to demonstrate compliance prior to holding

 

before a contested case hearing is held.

 

     (c) An opportunity to proceed to a contested case hearing.

 

     (3) A respondent upon whom which service of a formal complaint

 

has been is made pursuant to under this section may select, within

 

15 days after the receipt of notice, 1 of the options described in

 

subsection (2). If a respondent does not select 1 of those options

 

within the time period described in this section, then the

 

department shall proceed to a 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 may result in

 

the agreement of the parties and the department to a settlement. ,

 

consent order, waiver, default, or other method of settlement

 

agreed upon by the parties and the department. A settlement may

 

include the revocation or suspension of a license; censure;

 

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

 

48. The commission may reject a settlement and require a contested

 

case hearing.

 

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

 

in any contested case hearing.

 

     (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.

 

     (7) If an informal conference is not held or does not result

 

in a settlement, of a complaint, the department shall allow the

 

respondent an administrative hearing. A member of the commission

 

may attend a hearing under this section. may be attended by a

 

member of the commission.

 

     (8) The department 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 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 in under

 

section 48.

 

     (2) A copy of a hearing report shall be submitted to the

 

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

 

which the complaint was lodged.filed.

 

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

 

administrative law hearings examiner's hearing report, the

 

commission shall meet and make a determination of the penalties to

 

be assessed under section 48. The commission's determination shall


 

be made on the basis of the administrative law hearings examiner's

 

report. 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 determination of the penalty or penalties to be

 

assessed under section 48 shall be made at a meeting within 60 days

 

after receipt of a the commission receives the transcript or

 

portion of the transcript.

 

     (4) If the parties and the department agree to a settlement,

 

and that settlement requires imposition of a penalty under section

 

48 but does not specify that penalty, the commission shall make a

 

determination of the penalties within 60 days after it receives the

 

settlement. The commission shall make its determination of the

 

appropriate penalty based on the terms of the settlement.

 

     (5) (4) If the commission does not determine the appropriate

 

penalty or penalties to be assessed within the time limits

 

prescribed by in subsection (3) or (4), the director may determine

 

the appropriate penalty and issue a final order.

 

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

 

investigation or administrative hearing on a complaint filed with

 

the department or who has attended an informal conference shall not

 

participate in making a final determination in a proceeding on that

 

complaint.

 

     Sec. 47. (1) The department 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 if the department determines has done that the


 

applicant or licensee does any of the following:

 

     (a) Engages in fraud, deceit, or dishonesty in obtaining a

 

license.

 

     (b) Engages in fraud, deceit, or dishonesty in performing the

 

duties of a promoter, if applicable, or otherwise practicing that

 

person's licensed occupation.

 

     (c) If the licensee or applicant pays a fee under this act

 

with a check, money order, or similar instrument or with a credit

 

card or debit card and that payment is dishonored or otherwise

 

refused when presented by the department for payment, fails to pay

 

that fee and reimburse the department for any charges incurred by

 

the department in connection with that dishonored or refused

 

payment. If a payment is dishonored or refused, the license is

 

immediately suspended and remains suspended until the fee and the

 

related charges are paid. As used in this subdivision, "dishonored"

 

means that term as described in section 3502 of the uniform

 

commercial code, 1962 PA 174, MCL 440.3502.

 

     (d) (a) Enters into a contract for a contest or exhibition

 

event in bad faith.

 

     (e) (b) Participates in any sham or fake contest or

 

exhibition.event.

 

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

 

event under a collusive understanding or agreement in which the

 

contestant competes or terminates the contest or exhibition event

 

in a manner that is not based upon on honest competition or the

 

honest exhibition of the skill of the contestant.

 

     (g) (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.

 

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

 

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

 

including, but not limited to, any foul or unsportsmanlike conduct

 

in connection with a contest or exhibition.event.

 

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

 

event in which he or she is a contestant, promoter, matchmaker,

 

ring official, or second.

 

     (j) (g) Assaults another licensee, outside of or while not

 

involved in a contest, a commission member, or a department

 

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.

 

     (k) Engages in false advertising.

 

     (l) Fails to comply with a subpoena issued under this act.

 

     (m) Fails to provide a requested document or records to the

 

department.

 

     (n) Violates or fails to comply with a settlement with or

 

final order issued by the department or commission.

 

     (o) Fails to pay any obligation that is related to the normal

 

course of promoting an event, including, but not limited to, venue

 

rent or judge, physician, referee, or timekeeper fees.

 

     (p) Enters into a contract for a contest or event in bad

 

faith.

 

     (q) Gambles on the outcome of a contest or event of which the

 

person is a promoter.


 

     (r) Fails to file current address information with the

 

department.

 

     (s) Tampers with or coerces a contestant.

 

     (t) Aids or abets another person to act as a promoter,

 

contestant, or participant or conduct an event without a license

 

under this act.

 

     (u) Violates any other provision of this act or a rule

 

promulgated under this act for which a penalty or remedy is not

 

otherwise prescribed.

 

     (2) The department, in consultation with the commission, 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 test, under section 48(4). For purposes of section 48(5),

 

specific summary suspension procedures for contestants who fail to

 

submit to a drug test or who test positive for controlled

 

substances, alcohol, enhancers, stimulants, performance enhancing

 

drugs, or other drugs or substances prohibited by rules promulgated

 

by the department, or derivatives or metabolites of controlled

 

substances, alcohol, enhancers, stimulants, performance enhancing

 

drugs, or other drugs or substances prohibited by rules promulgated

 

by the department. The rules shall include all of the following:

 

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

 

upon on the national suspension list maintained by the designated

 

record keeper authorized by the Association of Boxing Commissions.

 

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


 

     (iii) A relicensing procedure following summary suspension.

 

     (3) An employee of the department must be present at all

 

weigh-ins, medical examinations, contests, exhibitions, and matches

 

to ensure that this act and rules are strictly enforced.

 

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

 

commission present at a contest or exhibition event a seat in the

 

area immediately adjacent to the contest or exhibition. event. An

 

additional seat shall be provided in the venue.

 

     (5) The commission chair, a commission member 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 designated by the commission chair, the chief

 

inspector in charge shall be the final decision-making authority.

 

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

 

reinstatement and the payment of an any administrative fine

 

prescribed assessed by the commission under this section, the

 

commission may reinstate a revoked license or lift a suspension. If

 

     (2) All of the following apply if disciplinary action is taken

 

against a person under this act: that

 

     (a) If the disciplinary action does not relate to a contest or

 

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

 

revoking a license, prescribe assess an administrative fine not to

 

in an amount that does not exceed $10,000.00.

 

     (b) If disciplinary action is taken against a person under

 

this act that relates to the preparation for a contest or an


 

exhibition, event, the occurrence of a contest or an exhibition,

 

event, or any other action taken in conjunction with a contest or

 

an exhibition, event, the commission may prescribe assess 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 exceed $100,000.00 in the case of any other person. This

 

administrative fine may be imposed event.

 

     (c) If disciplinary action is taken against a person, other

 

than a contestant, that relates to the preparation for a contest or

 

event, the occurrence of a contest or event, or any other action

 

taken in conjunction with a contest or event, the commission may

 

assess an administrative fine in an amount that does not exceed

 

$100,000.00.

 

     (3) The commission may assess an administrative fine under

 

subsection (2) in addition to, or in lieu of, taking any other

 

disciplinary action that is taken against the person. by the

 

commission.

 

     (4) (2) If an administrative fine is imposed assessed under

 

this section, the commission may recover the costs of the

 

proceeding, including investigative costs and attorney fees. The

 

department 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 penalties or remedies under this act.

 

     (3) An employee of the department, in consultation with any


 

commission member present, may issue an order to withhold the purse

 

for 3 business days due to 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 employee of the department was warranted. If the commission

 

determines that the action was warranted, the department shall

 

offer to hold an administrative hearing as soon as practicable but

 

within at least 7 calendar days.

 

     (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 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.

 

     (5) (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.alcohol, enhancers,

 

stimulants, performance enhancing drugs, or other drugs or

 

substances prohibited by rules promulgated by the department, or

 

derivatives or metabolites of controlled substances, alcohol,

 

enhancers, stimulants, performance enhancing drugs, or other drugs


 

or substances prohibited by rules promulgated by the department.

 

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

 

drug testing ordered by an authorized person.

 

     Sec. 49. (1) If a person that holds a license under this act

 

violates this act or a rule or order promulgated or issued under

 

this act, the department may take 1 or more of the following

 

actions:

 

     (a) Suspend the person's license.

 

     (b) Deny the renewal of the person's license.

 

     (c) Revoke the person's license.

 

     (d) Assess an administrative fine.

 

     (e) Censure the licensee.

 

     (2) If the department finds that a person that is subject to

 

subsection (1) has violated this act or a rule promulgated under

 

this act, that person is responsible for the department's expenses

 

that are related to the investigation and any disciplinary

 

proceeding for that violation and shall reimburse the department

 

for those expenses. For purposes of this subsection, the

 

department's expenses include, but are not limited to, salaries and

 

benefits of personnel, travel and any other expenses of those

 

personnel, and any other expenses incurred by the department in

 

conducting the investigation and any disciplinary proceeding.

 

     (3) The department may bring an injunctive action in a court

 

of competent jurisdiction to restrain or prevent a person from

 

violating this act. If successful in obtaining injunctive relief,

 

the department is entitled to its costs and reasonable attorney

 

fees.


 

     (4) The penalties and remedies under this section and section

 

49a are independent and cumulative. The imposition of a remedy or

 

penalty against a person under this section or section 49a does not

 

bar the pursuit of any lawful remedy by that person or the pursuit

 

of a lawful remedy by any other person against that person.

 

     Sec. 49a. (1) A person that engages in or attempts to engage

 

in an activity for which a license is required under this act, or

 

uses a title designated in this act, without the appropriate

 

license issued by the department under this act is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $1,000.00, or both.

 

     (2) A person that knowingly allows a professional in mixed

 

martial arts or boxing to participate as a contestant in an amateur

 

mixed martial arts contest with an amateur is guilty of a felony

 

punishable by imprisonment for not more than 3 years or a fine of

 

$10,000.00 per incident, or both.

 

     (3) If a court finds in an action under this section or

 

section 49(2) that a person has violated this act or a rule

 

promulgated under this act, that person shall be assessed costs

 

related to the investigation of the violation and costs related to

 

the prosecution of the action. The costs related to the

 

investigation and prosecution include, but are not limited to,

 

salaries and benefits of personnel, costs related to the time spent

 

by the attorney general's office and other personnel working on the

 

action, and any other expenses incurred by the department for the

 

action.

 

     Sec. 54a. (1) A licensed promoter that presents an unarmed


 

combat event in this state must comply with all of the following:

 

     (a) At least 5 days before the event, submit a request for

 

approval of the event to the department, on a form prescribed by

 

the department. The request shall include the names the promoter is

 

required to provide under subdivisions (d), (e), (f), and (g).

 

     (b) Within the 5-day period preceding a professional boxing or

 

professional mixed martial arts event, submit the fight records of

 

each contestant to the department. "Fight records" means that term

 

as defined by the department by rule.

 

     (c) Pay all obligations that are related to the normal course

 

of promoting an unarmed combat event, including, but not limited

 

to, venue rent and judge, physician, referee, and timekeeper fees.

 

     (d) Arrange for a physician to attend the event for purposes

 

of subsection (2)(l), and arrange for an alternate physician to

 

attend the event if the original physician is unable to attend the

 

event. The promoter shall include the name of the physician and the

 

alternate physician described in this subdivision in the request

 

submitted under subdivision (a).

 

     (e) Arrange for an ambulance that is staffed by emergency

 

medical technicians to be on the premises to attend the event for

 

purposes of subsection (2)(k), and arrange for an alternate

 

ambulance that is staffed by emergency medical technicians to be on

 

the premises to attend the event if the original ambulance and

 

emergency medical technicians are unable to attend the event. The

 

promoter shall include the name of the ambulance provider and the

 

emergency medical technicians and the alternate ambulance provider

 

and emergency medical technicians described in this subdivision in


 

the request submitted under subdivision (a).

 

     (f) Arrange for a referee, judges, and a timekeeper to attend

 

the event for purposes of subsection (2)(m). The promoter shall

 

include the names of the referee, judges, and timekeeper described

 

in this subdivision in the request submitted under subdivision (a).

 

     (g) Arrange for an inspector who meets the requirements of

 

section 33(11) to attend the event for purposes of subsection

 

(2)(m). The promoter shall include the name of the inspector, and

 

any other information about the inspector that is required by the

 

department, in the request submitted under subdivision (a).

 

     (h) Maintain records of the event for at least 1 year after

 

the date of the scheduled event and make those records available to

 

the department or law enforcement officials on request.

 

     (2) A licensed promoter that is presenting an amateur mixed

 

arts, professional mixed martial arts, or professional boxing event

 

in this state shall ensure that all of the following are met in the

 

conduct of the event:

 

     (a) Except as provided in subdivision (b), each individual

 

mixed martial arts contest consists of not more than 3 rounds, of

 

not more than 5 minutes' duration, with at least a 1-minute rest

 

period between each round; and the length of each individual boxing

 

contest is determined by the department but does not exceed 10

 

rounds, of not more than 5 minutes' duration, with at least a 1-

 

minute rest period between each round.

 

     (b) Each individual national or international championship

 

mixed martial arts contest consists of not more than 5 rounds, of

 

not more than 5 minutes' duration, with at least a 1-minute rest


 

period between each round; and the length of each individual

 

national or international championship boxing contest is determined

 

by the department but does not exceed 12 rounds, of not more than 5

 

minutes' duration, with at least a 1-minute rest period between

 

each round.

 

     (c) Each mixed martial arts contestant wears gloves, supplied

 

by the promoter, that weigh at least 4 ounces and not more than 8

 

ounces; and each boxing contestant wears gloves that each weigh at

 

least 8 ounces and not more than 16 ounces.

 

     (d) The referee examines the gloves worn by each contestant

 

before and during a contest. If the referee finds that a glove is

 

misplaced, lumpy, broken, roughed, or otherwise unfit, the

 

contestant must change the glove before the start of the contest.

 

     (e) Before a contestant participates in a contest, he or she

 

is weighed and placed in the appropriate weight class. As used in

 

this subdivision and subdivision (f), "weight class" means 1 of the

 

following:

 

     (i) Mini flyweight, if he or she weighs 105 pounds or less.

 

     (ii) Light flyweight, if he or she weighs 106 to 108 pounds.

 

     (iii) Flyweight, if he or she weighs 109 to 112 pounds.

 

     (iv) Super flyweight, if he or she weighs 113 to 115 pounds.

 

     (v) Bantamweight, if he or she weighs 116 to 118 pounds.

 

     (vi) Super bantamweight, if he or she weighs 119 to 122 pounds.

 

     (vii) Featherweight, if he or she weighs 123 to 126 pounds.

 

     (viii) Super featherweight, if he or she weighs 127 to 130

 

pounds.

 

     (ix) Lightweight, if he or she weighs 131 to 135 pounds.


 

     (x) Super lightweight, if he or she weighs 136 to 140 pounds.

 

     (xi) Welterweight, if he or she weighs 141 to 147 pounds.

 

     (xii) Super welterweight, if he or she weighs 148 to 154

 

pounds.

 

     (xiii) Middleweight, if he or she weighs 155 to 160 pounds.

 

     (xiv) Super middleweight, if he or she weighs 161 to 168

 

pounds.

 

     (xv) Light heavyweight, if he or she weighs 169 to 175 pounds.

 

     (xvi) Cruiserweight, if he or she weighs 176 to 200 pounds.

 

     (xvii) Heavyweight, if he or she weighs 201 to 260 pounds.

 

     (xviii) Super heavyweight, if he or she weighs 261 pounds or

 

more.

 

     (f) A contestant only participates in a contest with another

 

contestant who meets 1 of the following:

 

     (i) The other contestant is in the same class as the

 

contestant.

 

     (ii) If the contestant's weight class is mini flyweight, light

 

flyweight, flyweight, super flyweight, or bantamweight, and the

 

other contestant is in another weight class, the weight difference

 

between the contestants is not more than 3 pounds.

 

     (iii) If the contestant's weight class is super bantamweight,

 

featherweight, or super featherweight, and the other contestant is

 

in another weight class, the weight difference between the

 

contestants is not more than 4 pounds.

 

     (iv) If the contestant's weight class is lightweight or super

 

lightweight, and the other contestant is in another weight class,

 

the weight difference between the contestants is not more than 5


 

pounds.

 

     (v) If the contestant's weight class is welterweight, super

 

welterweight, middleweight, super middleweight, or light

 

heavyweight, and the other contestant is in another weight class,

 

the weight difference between the contestants is not more than 7

 

pounds.

 

     (vi) If the contestant's weight class is heavyweight or super

 

heavyweight, there is no limitation on the weight difference

 

between the contestant and the other contestant.

 

     (g) An individual does not compete as a contestant unless he

 

or she submits to the promoter a medical certification of negative

 

results for hepatitis B and C and HIV tests that were performed on

 

the contestant in the 180-day period that precedes the scheduled

 

contest or event.

 

     (h) An individual does not compete as a contestant unless he

 

or she submits to the promoter the results of an ophthalmologic

 

exam that was performed in the 180-day period that precedes the

 

contest or event and the results of the exam are submitted to the

 

department.

 

     (i) A female individual does not compete as a contestant

 

unless she submits to the promoter the results of a pregnancy test

 

that was performed on her in the 7-day period that precedes the

 

contest or event and the results of the pregnancy test are

 

negative.

 

     (j) An individual is not allowed to compete as a contestant

 

without proper medical clearance.

 

     (k) The event does not take place or continue without an


 

ambulance that is staffed by at least 2 emergency medical

 

technicians on the premises of the event.

 

     (l) The event does not take place or continue without a

 

physician at the event.

 

     (m) The event does not take place or continue without an

 

inspector and a trained and competent referee, judge, and

 

timekeeper.

 

     (n) An individual is not allowed to compete as a contestant if

 

there is any reason to suspect that he or she is impaired or has

 

used or uses performance enhancing drugs.

 

     (o) A professional is not allowed to compete as a contestant

 

in an amateur event.

 

     (p) If an individual lost a contest by a technical knockout in

 

the 30-day period preceding the event, he or she is not allowed to

 

compete as a contestant unless he or she submits the results of a

 

physical examination to the department that indicate that he or she

 

is fit to compete.

 

     (q) The physician at the event determines the status of a

 

contestant who is knocked out or whose contest is stopped by the

 

referee. The physician may make recommendations concerning either

 

of the following:

 

     (i) The contestant's status, including, but not limited to, a

 

recommendation to the department that the contestant not compete

 

for a period of time specified by the physician.

 

     (ii) The need for additional testing or examination of the

 

contestant, including, but not limited to, a postfight neurological

 

examination, which may include performing computerized axial


 

tomography (CAT) scans or magnetic resonance imaging (MRI) on the

 

contestant immediately after the contestant leaves the event venue.

 

     (r) If a physician recommended that the contestant not compete

 

for a period of time under subdivision (q)(i), that contestant does

 

not compete in another contest during that time period.

 

     (s) If a physician recommended further neurological

 

examination of a contestant under subdivision (q)(ii), that

 

contestant does not compete in another contest until those

 

examinations are conducted, the promoter and department receive

 

copies of the examination reports, and the reports demonstrate that

 

the contestant is fit to compete.

 

     (t) A contestant who sustains a severe injury or knockout in a

 

contest is examined by a physician and is not permitted to compete

 

in another contest until a physician certifies that the contestant

 

is fully recovered.

 

     (u) An individual who meets all of the following does not

 

compete as a contestant:

 

     (i) He or she participated in multiple contests before the

 

event.

 

     (ii) In any 90-day period, he or she was knocked out in 2

 

contests or 2 of his or her contests were stopped and a physician

 

recommended neurological testing under subdivision (q) after any of

 

those contests.

 

     (iii) The second knockout or stoppage described in subparagraph

 

(ii) occurred in the 120-day period preceding the event.

 

     (v) An individual who meets all of the following does not

 

compete as a contestant:


 

     (i) He or she participated in multiple contests before the

 

event.

 

     (ii) In any 12-month period, he or she was knocked out in 3

 

consecutive contests or 3 consecutive contests were stopped and a

 

physician recommended neurological testing under subdivision (q)

 

after any of those contests.

 

     (iii) The third knockout or stoppage described in subparagraph

 

(ii) occurred in the 1-year period preceding the event.

 

     (w) If an individual was not allowed to compete as a

 

contestant in an earlier event because he or she met the

 

requirement of subdivision (t), (u), or (v) at the time of that

 

earlier event, he or she does not compete as a contestant unless he

 

or she provides the promoter with proper medical clearance.

 

     (x) Each contestant is at least 18 years of age.

 

     (y) A contestant does not compete in more than 1 contest at an

 

event.

 

     (z) All of the contestants in a contest are the same gender.

 

     (aa) An individual does not participate as a contestant if he

 

or she participated in another contest in the 7-day period

 

preceding the event.

 

     (bb) The results of each contest are reported to the

 

department, on a form prescribed by the department, within 48 hours

 

after the conclusion of the event. The report shall include any

 

physician recommendations under subdivision (q). Within 2 business

 

days after it receives those results, the department shall enter

 

those results in each national contest results database selected by

 

the department.


 

     (cc) In a professional event, that tickets sold by contestants

 

are not a factor in determining the amount of the purse.

 

     (dd) If a mixed martial arts contest is a cage fight, the

 

referee conducts a safety inspection of the cage before the

 

contest.

 

     Sec. 55. (1) A professional participating promoter shall

 

insure each contestant who competes in a contest or exhibition

 

shall be insured by the promoter for not less than for at least

 

$50,000.00 for medical and hospital expenses to be paid related to

 

injuries sustained in the contest or event, payable to the

 

contestant, to cover injuries sustained in the contest and for not

 

less than at least $50,000.00 to be paid 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.or event, with the proceeds payable to

 

the contestant's estate.

 

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

 

regarding any medical or hospital expenses for a contestant's

 

injuries.

 

     Sec. 57. (1) A licensed physician shall be in attendance at

 

attend 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.event 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, competing, 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, competes, he or she shall not again

 

be is not eligible to participate in a another 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.

 

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

 

examination conducted under subsection (1).

 

     Enacting section 1. Sections 32, 51, 52, 53, 54, 56, 60, 61,

 

62, and 63 of the Michigan unarmed combat regulatory act, 2004 PA

 

403, MCL 338.3632, 338.3651, 338.3652, 338.3653, 338.3654,

 

338.3656, 338.3660, 338.3661, 338.3662, and 338.3663, are repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.