HOUSE BILL No. 4869

 

May 30, 2007, Introduced by Reps. Farrah, Gaffney, Virgil Smith, Hildenbrand, Accavitti, Brandenburg, Wojno, Gillard, Johnson, Melton, Meadows, Hammel, Bauer, Agema, Ward, Acciavatti, Marleau and Meekhof and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2004 PA 403, entitled

 

"Michigan boxing regulatory act,"

 

by amending sections 1, 10, 11, 20, 21, 22, 31, 32, 33, 34, 35, 47,

 

48, 51, 53, 54, 55, 56, 57, and 58 (MCL 338.3601, 338.3610,

 

338.3611, 338.3620, 338.3621, 338.3622, 338.3631, 338.3632,

 

338.3633, 338.3634, 338.3635, 338.3647, 338.3648, 338.3651,

 

338.3653, 338.3654, 338.3655, 338.3656, 338.3657, and 338.3658),

 

sections 11, 31, 33, 34, 47, 48, and 54 as amended by 2005 PA 49.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

"Michigan boxing unarmed combat regulatory act".

 

     Sec. 10. As used in this act:

 

     (a) "Amateur" means a person 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 and who is

 

required to be registered by USA boxing.

 

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

 

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 1

 

or more employees of the department to act as the complainant.

 

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

 

growth.

 

     (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 this act or rules

 

promulgated or orders issued under this act.

 

     (g) "Fund" means the Michigan boxing unarmed combat fund

 

created in section 22.

 

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

 

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

 

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

 

use of a combination of techniques from different disciplines of

 

the martial arts and 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) "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.

 

     (b) "Professional" means a person who is competing or has

 

competed in boxing or mixed martial arts for a money prize.

 

     (c) "Promoter" means any person who 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.

 

     (d) "Purse" means the financial guarantee 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.

 

     (e) "Respondent" means a person against whom a complaint has

 

been filed who may be a person who is or is required to be licensed

 

under this act.

 

     (f) "Rule" means a rule promulgated under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

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

 

institution formed or operated principally to provide instruction

 

in boxing and other sports.

 

     Sec. 20. (1) The Michigan boxing unarmed combat commission,

 

consisting of 7 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. Four of the members

 

shall be licensees in boxing, and 4 members shall be licensees in

 

mixed martial arts. Three members shall be members of the general

 

public. Budgeting, procurement, human resources, information

 

technology, and related management functions of the commission

 

shall be performed by the department.

 

     (2) Except as otherwise provided in this subsection, the 7 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 appointed by the governor are subject to the

 

pleasure of the governor.

 

     (3) Five members of the commission constitute a quorum for the

 

exercise of the authority conferred upon 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. A Subject to subsection (2), a concurrence of

 

at least 4 of the members, or a concurrence of 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 by the commission.

 

     (4) A member of the commission shall not at any time during


 

his or her service as a member promote or sponsor any contest or

 

exhibition of boxing, or 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 request and at the discretion of the

 

chair, the department shall schedule additional interim meetings.

 

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

 

records of the commission are subject to disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (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 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. The commission may purchase and use a

 

seal. The director may promulgate rules for the administration of

 

this act but only after first consulting with the commission. The

 

commission may request 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 within 30 calendar

 

days after a request. The response shall include a reason and

 

explanation for acceptance or denial of the request.


 

     (2) The department 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.

 

     (3) A Michigan boxing An unarmed combat fund is created as a

 

revolving fund in the state treasury and administered by the

 

director. The money in the fund is to be used for the costs of

 

administration and enforcement of this act or for any costs

 

associated with the administration of 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. 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.

 

     (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 pursuant to


 

the standardized travel regulations of the department of management

 

and budget.

 

     (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 director, may enter

 

into any appropriate reciprocity agreements.

 

     (6) The commission and department are vested with management,

 

control, and jurisdiction over all boxing and mixed martial arts

 

contests or exhibitions to be conducted, held, or given within the

 

state of Michigan. Except for any contests or exhibitions exempt

 

from this act, a contest or exhibition shall not be conducted,

 

held, or given within 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 the effective date of this

 

act, 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.

 

     (8) Any boxing, mixed martial arts, or sparring contest

 

conforming to the requirements of this act and to the rules of the


 

department is not considered to be a boxing contest and not a prize

 

fight for purposes of chapter LXVI of the Michigan penal code, 1931

 

PA 328, MCL 750.442 to 750.447.

 

     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 boxing contest or exhibition regulated by this act

 

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

 

state except only under a promoter's license issued by the

 

department as provided for in section 33.

 

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

 

in writing and correctly show and define 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 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 boxing contest or exhibition is

 

granted, a boxing promoter must file a bond with the department in

 

an amount fixed by the department but not less than $20,000.00, and

 

a mixed martial arts promoter shall file a bond in the amount of

 

$10,000.00, which bond shall be executed by the applicant as

 

principal and by a corporation qualified under the laws of this

 

state as surety, payable to the state of Michigan, and conditioned

 

upon 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

 

purchased not less than 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.

 

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

 

from the department in order to present a program of boxing

 

contests or exhibitions regulated by this act. The annual license

 

fee is $250.00 for a boxing promoter and $2,500.00 for a mixed

 

martial arts promoter. The department shall request, and the

 

applicant shall provide, such information as it determines

 

necessary to ascertain the financial stability of the applicant.

 

     (5) The A promoter must pay an event fee of $125.00.

 

     (6) There is imposed a regulatory and enforcement fee upon the

 

promoter to assure the integrity of the sport sports of boxing and


 

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

 

of the professionals in the amount of 3% of the total gross

 

receipts from the sale, lease, or other exploitation of

 

broadcasting, television, and motion picture rights, but not to

 

exceed $25,000.00 per contract, for boxing or mixed martial arts

 

events to which the following apply:

 

     (a) The event is located in a venue with a seating capacity of

 

over 5,000.

 

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

 

over any medium for viewing by spectators not present in the venue.

 

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

 

mixed martial arts contests in this state.

 

     (7) At least 10 days before the boxing or mixed martial arts

 

event, the promoter shall submit the contract 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.

 

     (8) The money derived from the regulatory and enforcement fee

 

shall be deposited into the Michigan boxing fund created in section

 

22 and used for the purposes described in that section.

 

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

 

or mixed martial arts contest or exhibition, convey to the

 

department an executed copy of the contract relative to the boxing

 

that 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 may disclose


 

statistical information on the number, types, and amounts of

 

contracts so long as information regarding identifiable individuals

 

or categories is not revealed.

 

     (10) Beginning the effective date of the amendatory act that

 

added this subsection June 23, 2005, a promoter's license is

 

subject to revocation unless at least 10% of the purse in a contest

 

or exhibition is withheld or escrowed until such time as the

 

results of the postcontest drug test, as required by this act, are

 

available to the department. If the drug test results confirm or

 

demonstrate compliance with this act, the department 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 shall serve a

 

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

 

department shall issue an order to the promoter requiring the

 

promoter to forward the amount withheld or escrowed to the

 

department. Upon receipt, the department 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 section 48. However, if the formal

 

complaint is dismissed or any final order issued as the result of

 

the complaint is overturned, the department 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 test results are

 

available to the department.

 

     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 shall include

 

at least the following:

 

     (a) An initial application processing fee sufficient to cover

 

the costs of processing a boxing promoter's license, but not less

 

than $250.00 $500.00.

 

     (b) A requirement that background information be disclosed by

 

the applicant who is an individual or by the principal officers or

 

members and individuals having at least a 10% ownership interest in

 

the case of any other legal entity, with emphasis on the

 

applicant's 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 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 the applicant or his or her representative

 

to be present at a commission meeting in which the application is

 

considered.

 

     Sec. 35. (1) The director, in consultation with the

 

commission, shall promulgate rules to set standards for mixed

 

martial arts exhibitions and participants and to provide for

 

license fees for all participants in the 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, boxer, contestant, or manager or a second of those

 

persons.

 

     (2) Until those rules are promulgated, the department shall

 

charge those fees contained in section 49 of the state license fee

 

act, 1979 PA 152, MCL 338.2249, for the licenses described in

 

subsection (1).

 

     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 the department determines has done any of the

 

following:

 

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

 

in bad faith.

 

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

 

exhibition.

 

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


 

a collusive understanding or agreement in which the contestant

 

competes or terminates the boxing contest or exhibition in a manner

 

that is not based upon 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 boxing contest or exhibition.

 

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

 

conduct that is detrimental to a boxing contest or exhibition,

 

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

 

in connection with a boxing contest or exhibition.

 

     (f) Gambles on the outcome of a boxing 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 employee while not involved in or while outside the

 

normal course of a boxing contest or exhibition.

 

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

 

     (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 boxing

 

contestants and participants who test positive for drugs or fail to

 

submit to a drug test, under section 48(4). The rules shall include

 

the following:

 

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

 

upon the national suspension list.


 

     (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.

 

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

 

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

 

immediately adjacent to the boxing contest or exhibition. 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 an application for reinstatement

 

and the payment of an 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 boxing contest or

 

exhibition, the commission may, in lieu of suspending or revoking a

 

license, prescribe an administrative fine not to exceed $10,000.00.

 

If disciplinary action is taken against a person under this act

 

that relates to the preparation for a boxing contest or an

 

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

 

any other action taken in conjunction with a boxing contest or an


 

exhibition, the commission may prescribe an administrative fine in

 

an amount not to 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 in addition

 

to, or in lieu of, any other disciplinary action that is taken

 

against the person by the commission.

 

     (2) If an administrative fine is imposed 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 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 boxing

 

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.

 

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

 

of the individual's license in the manner provided for in 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. 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 before participating either directly or indirectly in a

 

boxing 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.

 

     (3) The department shall issue a passport with each

 

professional contestant's license.

 

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


 

standing to contest the issuance or nonissuance of an exhibition or

 

other license by written or electronic communication to the

 

department.

 

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

 

person seeking a license as a professional referee, judge, or

 

timekeeper shall referee, judge, or keep time for a minimum of 300

 

rounds of amateur competitive boxing. To the extent standards are

 

not contained in the mixed martial arts unified rules incorporated

 

by reference under section 22(7), the department shall promulgate

 

rules establishing standards for a person seeking licensure as a

 

mixed martial arts professional referee, judge, or timekeeper.

 

     (2) After a person has successfully completed the requirements

 

of section 51(2) and subsection (1), the department may issue the

 

person a license.

 

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

 

person seeking a license as a professional judge shall score,

 

unofficially, not fewer than 200 rounds of professional boxing. 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 commission for review and evaluation.

 

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

 

martial arts unified rules incorporated by reference under section

 

22(7), the department shall promulgate rules establishing

 

experience standards for a person seeking licensure as a mixed


 

martial arts professional judge.

 

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

 

commission shall complete a standardized evaluation sheet for each

 

boxing contest or exhibition judged by a licensee. The commission

 

shall annually review the evaluation sheets. A commission member

 

attending a boxing contest or exhibition may also submit to the

 

department a standardized evaluation sheet.

 

     Sec. 55. (1) A professional participating in a boxing contest

 

or exhibition shall be insured by the promoter for not less than

 

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

 

contestant to cover injuries sustained in the contest and for not

 

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

 

descent and distribution of personal property if the contestant

 

should die as a result of injuries received in a boxing contest or

 

exhibition. A professional participating in a mixed martial arts

 

contest or exhibition shall be insured by the promoter for not less

 

than $5,000.00 for medical and hospital expenses to be paid to the

 

contestant to cover injuries sustained in the contest and for not

 

less than $10,000.00 to be paid in accordance with the statutes of

 

descent and distribution of personal property if the contestant

 

should die as a result of injuries received in a 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 10 rounds in length, except a boxing contest or


 

exhibition which involves a national or international championship

 

may last not more than 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 3

 

minutes, with not less than 1-minute rest between rounds.

 

     (2) A professional or participant in a boxing 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 boxing

 

contest or exhibition. The department shall designate any medical

 

test that may be required to determine if the individual is in

 

proper physical condition.

 

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

 

each boxing 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 the ring.

 

     (2) The licensed physician shall file with the commission the

 

report of the physical examination of a contestant not later than

 

24 hours after termination of the boxing contest or exhibition.

 

     (3) If, in the opinion of the physician, the health or safety

 

of a contestant requires that the boxing contest or exhibition in

 

which he or she is participating be terminated, the physician shall

 

notify the referee. The referee shall terminate the boxing contest

 

or exhibition.

 

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

 

consciousness during or as a result of a boxing contest or


 

exhibition in which he or she participates, he or she shall not

 

again be eligible to participate in a boxing contest or exhibition

 

in this state unless examined by a physician appointed by the

 

commission and unless the physician certifies the contestant's or

 

participant's fitness to participate.

 

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

 

examination conducted under subsection (1).

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4870(request no.

 

00883'07 a) of the 94th Legislature is enacted into law.