June 30, 2010, Introduced by Rep. Robert Jones and referred to the Committee on Regulatory Reform.
A bill to amend 2004 PA 403, entitled
"Michigan unarmed combat regulatory act,"
by amending sections 10, 12, 22, 51, 53, 54, 55, and 56 (MCL
338.3610, 338.3612, 338.3622, 338.3651, 338.3653, 338.3654,
338.3655, and 338.3656), sections 10, 12, 51, 53, 54, 55, and 56 as
amended by 2007 PA 196 and section 22 as amended by 2010 PA 100;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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. For a
boxing contest, amateur is a person who is required to be
registered by USA boxing.
(b) "Commission" means the Michigan 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 energy, 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 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 professional or amateur 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. 12. 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 conducted
by or participated
in exclusively by an agency of the United States government or by a
school, college, or university or an organization composed
exclusively of those entities if each participant is an amateur.
(c) (d)
Amateur boxing regulated by the
amateur sports act of
1978, 36 USC 371.
(d) (e)
Boxing elimination contests
regulated by section 50.
(f)
Amateur mixed martial arts.
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 for participants as described in section 51,
that are not otherwise provided under this act. The participant
license fees regarding amateur mixed martial arts shall be
substantially the equivalent to participant license fees for
professional mixed martial arts.
(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) 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 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. 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. The department shall be
the administrator of the fund for auditing purposes.
(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 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 professional boxing and
professional
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 Regarding both
professional and amateur mixed martial
arts, 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. 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
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 and amateur 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
professional
or amateur 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 boxing 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
professional
and amateur mixed martial arts professional
judge
judges.
(3) An employee authorized by the department or the commission
shall complete a standardized evaluation sheet for each contest or
exhibition judged by a licensee. The commission shall annually
review the evaluation sheets. A commission member attending a
contest or exhibition may also submit to the department a
standardized evaluation sheet.
Sec. 55. (1) A professional or amateur that is regulated by
this act and participating in a 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 or mixed martial arts
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 amateur, or participant in a contest or
exhibition shall be certified to be in proper physical condition by
a licensed physician, a licensed physician's assistant, or a
certified nurse practitioner before participating in a contest or
exhibition. The department shall designate any medical test that
may be required to determine if the individual is in proper
physical condition.
Enacting section 1. Sections 60, 62, and 63 of the Michigan
unarmed combat regulatory act, 2004 PA 403, MCL 338.3660, 338.3662,
and 338.3663, are repealed.