HOUSE BILL No. 6079
October 4, 2000, Introduced by Reps. Raczkowski and Garza and referred to the Committee on Regulatory Reform. A bill to regulate certain forms of unarmed combat; to create certain commissions and to provide certain powers and duties for certain state agencies and departments; to license persons engaged in unarmed combat; to regulate certain persons connected to the business of unarmed combat and persons conduct- ing certain contests and exhibitions; to assess certain fees; to impose a tax on receipts of certain events and enterprises; to create certain funds; to provide for penalties and remedies; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "unarmed combat regulatory act". 3 Sec. 3. As used in this act: 04238'99 LBO 2 1 (a) "Amateur" means a person who is not competing and has 2 never competed for a money prize or who is not competing and has 3 not competed with or against a professional for a prize. 4 (b) "Boxing club" means an organization affiliated with USA 5 boxing. 6 (c) "Commission" means the Michigan boxing commission. 7 (d) "Contestant" means any person who is competing or has 8 competed for a money prize. 9 (e) "Department" means the department of treasury. 10 (f) "Good moral character" means good moral character as 11 defined in section 1 of 1974 PA 381, MCL 338.41. 12 (g) "Professional" means a person who is competing or has 13 competed in unarmed combat for a money prize. 14 (h) "Physician" means that term as defined in sections 17001 15 and 17501 of the public health code, 1978 PA 368, MCL 333.17001 16 and 333.17501. 17 (i) "Promoter" means any person who produces or stages any 18 professional contest or exhibition of unarmed combat. 19 (j) "Purse" means the financial guarantee or any other remu- 20 neration for which contestants are participating in a contest or 21 exhibition and includes the contestant's share of any payment 22 received for radio, television, or motion picture rights. 23 (k) "Ring official" means any person who performs an offi- 24 cial function during the progress of a contest or exhibition of 25 unarmed combat. 26 (l) "Rule" means a rule promulgated under the administrative 27 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. 04238'99 3 1 (m) "School", "college", or "university" does not include an 2 institution formed or operated principally to provide instruction 3 in unarmed combat and other sports. 4 (n) "Unarmed combat" means boxing or any form of competition 5 in which a blow is usually struck which may reasonably be 6 expected to inflict injury. 7 Sec. 5. (1) The Michigan unarmed combat commission, con- 8 sisting of 5 members appointed by the governor, is created within 9 the department of treasury. In addition, the governor and the 10 director of the department, or their designees, are appointed as 11 ex officio nonvoting members of the commission. 12 (2) The members shall serve a term of 4 years. Of the ini- 13 tial members appointed under this act, the terms of 2 of the mem- 14 bers shall be 4 years, the terms of 2 of the members shall be 2 15 years, and the term of 1 of the members shall be 1 year. 16 (3) Three members of the commission constitute a quorum for 17 the exercise of the authority conferred upon the commission and a 18 concurrence of at least 3 of the members is necessary to render a 19 choice or a decision by the commission. 20 (4) A member of the commission shall not at any time during 21 his or her service as a member of the commission promote or spon- 22 sor any contest or exhibition of unarmed combat, or combination 23 of those events, or have any financial interest in the promotion 24 or sponsorship of those contests or exhibitions. 25 (5) Except as otherwise provided in this act, the records of 26 the commission are subject to disclosure under the freedom of 27 information act, 1976 PA 442, MCL 15.231 to 15.246. 04238'99 4 1 (6) The commission is subject to the open meetings act, 1976 2 PA 267, MCL 15.261 to 15.275. 3 Sec. 7. A person who has a material financial interest in 4 any club, organization, or corporation, the main object of which 5 is the holding or giving of contests or exhibitions of unarmed 6 combat is not eligible for appointment to the commission. 7 Sec. 9. (1) The members of the commission shall elect 1 of 8 their number as chair of the commission. The commission may pur- 9 chase and use a seal. The commission may adopt rules for the 10 administration of this article. The rules shall include all of 11 the following: 12 (a) Number and qualifications of ring officials required at 13 any exhibition or contest. 14 (b) Powers, duties, and compensation of ring officials. 15 (c) Qualifications of licensees. 16 (2) The commission may employ an executive director who may 17 be a member of the commission. The executive director of the 18 commission is in the unclassified service of the state. He or 19 she may pursue any other business or occupation not inconsistent 20 or in conflict with his or her duties as executive director. 21 (3) All money received by the executive director or the com- 22 mission pursuant to this act shall be deposited in a separate 23 unarmed combat fund. An unarmed combat fund is created as a 24 revolving fund in the department and administered by the 25 commission. The money in the fund is to be used for the costs of 26 administration and enforcement of this act. Money remaining in 04238'99 5 1 the fund at the end of the fiscal year shall be carried forward 2 into the next fiscal year. 3 (4) Members of the commission, if authorized by the chair, 4 are entitled to receive payment of not more than $500.00 as fixed 5 by the commission for each full-day meeting of the commission. 6 While engaged in the business of the commission, each member and 7 employee of the commission is, upon the authorization of the 8 chair, entitled to receive the per diem allowance and travel 9 expenses provided by the department of management and budget for 10 state officers and employees generally. 11 (5) Each inspector for the commission is entitled to receive 12 for the performance of his or her duties a fee approved by the 13 commission. 14 (6) The commission has the authority to affiliate with any 15 other state or national boxing commission or athletic authority. 16 (7) The commission is vested with sole discretion, manage- 17 ment, control, and jurisdiction over all contests or exhibitions 18 of unarmed combat to be conducted, held, or given within the 19 state of Michigan. Subject to any contests or exhibitions exempt 20 from this act, a contest or exhibition shall not be conducted, 21 held, or given within this state except in compliance with this 22 act. Any boxing or sparring contest conforming to the require- 23 ments of this act and to the regulations of the commission is 24 considered to be a boxing contest and not a prize fight. Any 25 contest involving a form of oriental unarmed self-defense must be 26 conducted pursuant to standards for that form which are approved 04238'99 6 1 by the commission before the contest is conducted, held, or 2 given. 3 Sec. 11. (1) A contest or exhibition of unarmed combat 4 shall not be held or conducted in this state except under license 5 issued by the commission or as provided for in section 19. 6 (2) The commission may issue and suspend or revoke licenses 7 to conduct, hold, or give contests or exhibitions of unarmed 8 combat where an admission fee is received according to the terms 9 and provisions as the commission prescribes. 10 (3) An application for a license for a contest or exhibition 11 of unarmed combat must be in writing and correctly show and 12 define the applicant. An applicant must demonstrate good moral 13 character. The application must be accompanied by an annual fee 14 to be fixed by rule of the commission on a uniform scale. 15 (4) Before any license for a contest or exhibition of 16 unarmed combat is granted, the applicant must file a bond in an 17 amount fixed by the commission but not less than $10,000.00, exe- 18 cuted by the applicant as principal and by a corporation quali- 19 fied under the laws of this state as surety, payable to the state 20 of Michigan, and conditioned upon the faithful performance by the 21 applicant of the provisions of this act. In lieu of a bond, the 22 applicant may deposit with the commission a like amount of lawful 23 money of the United States. The deposit must be made not less 24 than 5 days before the contest or exhibition and may be used to 25 satisfy any obligation incurred by the promoter during the stag- 26 ing of the contest or exhibition upon order of the commission. 04238'99 7 1 After satisfaction of all such obligations, the commission shall 2 release the remainder of the deposit to the promoter. 3 Sec. 13. (1) A person who charges and receives an admission 4 fee for exhibiting any live contest or exhibition of unarmed 5 combat on a closed-circuit telecast or motion picture shall, 6 within 10 days after the event, furnish to the commission a veri- 7 fied written report on a form supplied by the commission showing 8 the number of tickets sold and complimentary tickets issued and 9 the gross receipts for the tickets sold and issued without any 10 deduction. That person shall simultaneously pay to the commis- 11 sion a license fee, exclusive of federal taxes thereon, of 4 12 cents for each $1.00 or fraction of $1.00 received for admission 13 at the exhibition. The license fee applies uniformly at the same 14 rate to all licensees. The license fee is based on the face 15 value of all tickets sold and complimentary tickets issued. 16 (2) The commission shall establish by rule fees for a permit 17 to present a program of contests or exhibitions. Before present- 18 ing a program of contests or exhibitions of unarmed combat, a 19 promoter must apply for and obtain a permit from the commission 20 for each program. 21 (3) In addition to the payment of any other fees and money 22 due under this act and except as provided in subsection (4), a 23 promoter shall pay a license fee computed on the basis of both of 24 the following: 25 (a) Four percent of the total gross receipts from admission 26 fees to the live contest or exhibition of unarmed combat, 04238'99 8 1 exclusive of any federal tax or tax imposed by any political 2 subdivision of this state. 3 (b) Three percent of the first $1,000,000.00 and 1% of the 4 next $2,000,000.00 of the total gross receipts from the sale, 5 lease, or other exploitation of broadcasting, television, and 6 motion picture rights for that contest or exhibition, without any 7 deductions for commissions, brokerage fees, distribution fees, 8 advertising, contestants' purses, or any other expenses or 9 charges. 10 (4) The commission shall promulgate rules concerning both of 11 the following: 12 (a) Requiring the reporting of the number and face value of 13 all complimentary tickets issued. 14 (b) The treatment of complimentary tickets for the purposes 15 of computing gross receipts from admission fees under 16 subsection (3). 17 (5) Except as otherwise provided in this subsection and in 18 addition to the payment of any other fees or taxes required by 19 this act, a promoter shall pay to the commission a fee of $1.00 20 for each ticket sold for admission to a live professional boxing 21 or wrestling contest, match, or exhibition which is held in this 22 state. The money collected pursuant to this subsection shall be 23 used by the commission to award grants to organizations which 24 promote amateur boxing contests or exhibitions in this state. 25 The commission shall adopt by rule the manner in which both of 26 the following occur: 04238'99 9 1 (a) Payment of the fees or taxes imposed by this 2 subsection. 3 (b) Submission of applications for grants to the commission 4 and the standards to be used to award grants to organizations 5 which promote amateur boxing contests or exhibitions in this 6 state. 7 (6) A promoter shall, within 10 days after the completion of 8 any unarmed combat contest, match, or exhibition for which an 9 admission fee is charged and received, furnish to the commission 10 a verified written report showing the following: 11 (a) The number of tickets sold and issued for the contest, 12 match, or exhibition. 13 (b) The amount of the gross receipts derived from all of the 14 following: 15 (i) Admission fees. 16 (ii) The sale, lease, or other exploitation of broadcasting, 17 motion picture, and television rights of such contest, match, or 18 exhibition, without any deductions for commissions, brokerage 19 fees, distribution fees, advertising, contestants' purses, or any 20 other expenses or charges. 21 (iii) Such other matters as the commission shall prescribe 22 by rule. 23 Sec. 15. (1) The commission shall deny an applicant a 24 license under this act or suspend, revoke, or take any other 25 allowable action against the license of any contestant, promoter, 26 ring official, or other participant who the commission determines 27 has done any of the following: 04238'99 10 1 (a) Enters into a contract for a contest or exhibition of 2 unarmed combat in bad faith. 3 (b) Participates in any sham or fake contest or exhibition 4 of unarmed combat. 5 (c) Participates in a contest or exhibition of unarmed 6 combat pursuant to a collusive understanding or agreement in 7 which the contestant competes or terminates the contest or exhi- 8 bition in a manner that is not based upon honest competition or 9 the honest exhibition of the skill of the contestant. 10 (d) Is determined to have failed to give his or her best 11 efforts, failed to compete honestly, or failed to give an honest 12 exhibition of his or her skills in a contest or exhibition of 13 unarmed combat. 14 (e) Is determined to have performed an act or engaged in 15 conduct that is detrimental to a contest or exhibition of unarmed 16 combat including, but not limited to, any foul or unsportsmanlike 17 conduct in connection with a contest or exhibition of unarmed 18 combat. 19 (f) Gambles on the outcome of a contest or exhibition of 20 unarmed combat. 21 (2) Any member of the commission may conduct administrative 22 hearings pursuant to the administrative procedures act of 1969, 23 1969 PA 306, MCL 24.201 to 24.328. All hearings conducted under 24 this article shall be preceded by a written notice to be served 25 upon the respondent at least 30 days before the hearing, except 26 as otherwise provided in subsection (3). Before the decision is 27 rendered and an order is issued, a majority of the members of the 04238'99 11 1 commission shall examine the record and approve the decision and 2 order. The commission shall file a written report of its find- 3 ings, decision, and order in the record of the proceedings and 4 shall send a copy to the respondent at his or her address of 5 record. 6 (3) Any member of the commission, if he or she determines 7 the action is necessary to protect the public health, safety, and 8 welfare and is in the best interests of the unarmed combat indus- 9 try, may upon his or her own motion, or upon the verified written 10 complaint of any person charging a licensee or the holder of a 11 permit with violating any provision of this act or the rules 12 promulgated under this act, summarily suspend for a period not 13 exceeding 10 days any license or permit until final determination 14 by the commission. 15 (4) The commission, or a quorum of 3 members of the commis- 16 sion, may issue subpoenas in connection with investigations 17 requiring the attendance and testimony of or the production of 18 books and papers by any licensee or other person whom the commis- 19 sion believes to have information, books, or papers of importance 20 to it in making the investigation. 21 (5) Promoters shall provide the commission and executive 22 director of the commission copies of all contracts between the 23 promoter and the contestants in a contest or exhibition of 24 unarmed combat. These contracts are exempt from disclosure under 25 the freedom of information act, 1976 PA 442, MCL 15.231 to 26 15.246. 04238'99 12 1 (6) The commission, its executive director, or any other 2 employee authorized by the commission may order the promoter to 3 withhold any part of a purse or other money belonging or payable 4 to any contestant, manager, or second if the commission, execu- 5 tive director, or other authorized employee determines that the 6 contestant is not competing honestly or to the best of his or her 7 skill and ability or if it is determined that the contestant, 8 manager, or seconds have violated any rules adopted by the 9 commission. Upon the withholding of any part of a purse or other 10 money under this section, the commission shall immediately sched- 11 ule an administrative hearing on the matter, provide notice to 12 all interested parties, and dispose of the matter as soon as 13 practicable. If it is determined that a contestant, manager, or 14 second is not entitled to any part of his or her share of the 15 purse or other money, the promoter shall pay the money to the 16 commission. 17 Sec. 17. (1) The executive director of the commission, the 18 chief inspector, or a member of the commission staff must be 19 present at all weigh-ins, medical examinations, contests, exhibi- 20 tions, and matches to ensure that this act and rules are strictly 21 enforced. 22 (2) Each promoter shall furnish each member of the commis- 23 sion present at a contest or exhibition of unarmed combat at 24 least 2 ringside seats within the first 2 rows of the contest or 25 exhibition of unarmed combat. 26 Sec. 19. The commission may issue, without the payment of a 27 fee, a license to hold a contest or exhibition of unarmed combat 04238'99 13 1 between professionals under the sponsorship of a civic 2 organization or veterans' group if held for charitable purposes. 3 Sec. 21. (1) This act does not apply to the following: 4 (a) Contests or exhibitions of unarmed combat conducted by 5 or participated in exclusively by a department or agency of the 6 United States government or by a school, college, or university 7 or by an association or organization composed exclusively of 8 these schools, colleges, or universities if each contestant in 9 the match or exhibition is an amateur. 10 (b) Boxing elimination contests in which all of the follow- 11 ing apply: 12 (i) The contestants compete for prizes only in elimination 13 contests and are not also professional boxers competing in 4 or 14 more rounds of nonelimination boxing. 15 (ii) Each bout is scheduled to consist of 3 or fewer 16 1-minute rounds, with contests conducted on no more than 2 con- 17 secutive calendar days. 18 (iii) Competing contestants are prohibited from boxing for 19 more than 12 minutes on each contest day. 20 (iv) The contestants participating in the elimination con- 21 test are insured by the promoter for all medical and hospital 22 expenses to be paid to the contestants to cover injuries sus- 23 tained in the contest. 24 (v) A licensed physician is in attendance at ringside and 25 the physician has authority to stop the contest for medical 26 reasons. 04238'99 14 1 (vi) All contestants pass a physical examination given by a 2 licensed physician before the contest. 3 (vii) A preliminary breath test is administered to each con- 4 testant which indicates a blood alcohol content of .02% or less. 5 (viii) The promoter conducts the elimination contest in com- 6 pliance with the following: 7 (A) A contestant who has lost by a technical knockout is not 8 permitted to compete again for a period of 30 calendar days or 9 until the contestant has submitted to the promoter the results of 10 a physical examination equivalent to that required of profes- 11 sional boxers. 12 (B) The ringside physician examines a contestant who has 13 been knocked out in an elimination contest or whose fight has 14 been stopped by the referee because he or she received hard blows 15 to the head that made him or her defenseless or incapable of con- 16 tinuing immediately after the knockout or stoppage. The ringside 17 physician may recommend post-fight neurological examinations, 18 which may include computerized axial tomography (CAT) scans or 19 magnetic resonance imaging (MRI), to be performed on the contes- 20 tant immediately after the contestant leaves the location of the 21 contest. The promoter shall not permit the contestant to compete 22 until a physician has certified that the contestant is fit to 23 compete. If the physician recommended further neurological exam- 24 inations, the promoter shall not permit the contestant to compete 25 until the promoter receives copies of examination reports demon- 26 strating that the contestant is fit to compete. 04238'99 15 1 (C) The promoter shall require that a contestant who has 2 sustained a severe injury or knockout in an elimination contest 3 be examined by a physician. The promoter shall not permit the 4 contestant to compete until the physician has certified that the 5 contestant has fully recovered. 6 (D) The promoter shall not permit a contestant to compete in 7 an elimination contest for a period of not less than 60 days if 8 he or she has been knocked out or has received excessive hard 9 blows to the head that required the fight to be stopped. 10 (E) A contestant who has been knocked out twice in a period 11 of 3 months or who has had excessive head blows causing a fight 12 to be stopped shall not be permitted by a promoter to participate 13 in an elimination contest for a period of not less than 120 days 14 from the second knockout or stoppage. 15 (F) A contestant who has been knocked out or had excessive 16 hard blows to the head causing a fight to be stopped 3 times con- 17 secutively in a period of 12 months shall not be permitted by a 18 promoter to participate in an elimination contest for a period of 19 1 year from the third knockout. 20 (G) Before resuming competition after any of the periods of 21 rest prescribed in sub-subparagraphs (D), (E), and (F), a pro- 22 moter shall require the contestant to produce a certification by 23 a physician stating that the contestant is fit to take part in an 24 elimination contest. 25 (2) As part of the physical examination given before the 26 contest, the licensed physician or other trained person shall 27 administer a preliminary breath test in compliance with standards 04238'99 16 1 imposed in rules promulgated by the department of state police 2 regarding equipment calibration and methods of administration. 3 (3) The promoter shall keep a log of preliminary breath test 4 results of contestants on file at its place of business for at 5 least 3 years after the date of administration of the test. 6 These results shall be made available to law enforcement offi- 7 cials upon request. 8 (4) An elimination contest held pursuant to this section is 9 not considered to be in violation of the law. 10 Sec. 23. (1) A boxing club, physician, referee, ring offi- 11 cial, judge, matchmaker, timekeeper, announcer, professional 12 boxer, unarmed combat contestant, or manager, or a second of 13 those persons, shall obtain a participant license from the com- 14 mission before participating either directly or indirectly in a 15 contest or exhibition of unarmed combat. 16 (2) An application for a participant license shall be in 17 writing, shall be verified by the applicant, and shall set forth 18 those facts requested by and conform to the rules promulgated by 19 the commission. 20 (3) An applicant for a license as a referee or judge shall 21 be of good moral character. 22 (4) The commission shall issue a passport with each profes- 23 sional contestant's license. 24 Sec. 25. (1) The commission shall issue a temporary license 25 to officiate as a judge, referee, timekeeper, or announcer at an 26 international, national, or regional amateur boxing or unarmed 04238'99 17 1 combat tournament to an applicant who meets all of the 2 following: 3 (a) The applicant is not a resident of this state. 4 (b) The applicant demonstrates that he or she possesses 5 either a valid license to officiate as an amateur boxing or 6 unarmed combat judge, referee, timekeeper, or announcer in 7 another state or foreign country or actual experience as an ama- 8 teur boxing or unarmed combat judge, referee, timekeeper, or 9 announcer. 10 (2) A temporary license issued under this section is valid 11 for a period of not more than 10 days from the date of issuance. 12 (3) The commission shall not charge a fee for the issuance 13 of a temporary license. 14 Sec. 27. (1) A person seeking a license under this act as a 15 judge or referee may be required to satisfactorily pass an exami- 16 nation acceptable to the commission. 17 (2) A person seeking a license under this act as a judge, 18 referee, or contestant shall pass a physical examination accept- 19 able to the commission. 20 (3) Until the expiration of 360 days after the effective 21 date of this act, the commission shall issue an equivalent 22 license without an examination to a person who is licensed under 23 former article 18 of the occupational code, 1980 PA 299, on the 24 effective date of this act upon application on a form provided by 25 the commission. 26 Sec. 29. (1) In addition to the requirements of section 27 23(2) and (3), a person seeking a license as a professional 04238'99 18 1 referee shall unofficially referee a minimum of 300 rounds of 2 amateur competitive or noncompetitive unarmed combat in a facil- 3 ity that conducts an active unarmed combat program. 4 (2) After a person has successfully completed the require- 5 ments of section 23(2) and (3) and subsection (1), the commission 6 shall issue the person a limited license as a referee. Before 7 the person is issued a full license as a referee, the person 8 shall complete all of the following: 9 (a) Officiate not fewer than 12 4-round preliminary 10 contests. 11 (b) Officiate not fewer than 6 6-round preliminary 12 contests. 13 (c) Officiate not fewer than 4 8-round preliminary 14 contests. 15 (3) After the requirements of subsection (2)(a) to (c) have 16 been completed, the commission shall review and evaluate the 17 applicant's work. 18 Sec. 31. (1) In addition to the requirements of section 19 23(2) and (3), a person seeking a license as a professional judge 20 shall score, unofficially, not fewer than 200 rounds of profes- 21 sional unarmed combat. In order to fulfill the requirements of 22 this subsection, an applicant shall only unofficially judge con- 23 tests that are approved by the commission for that purpose. An 24 applicant shall not receive compensation for judging contests or 25 exhibitions of unarmed combat under this subsection. Scorecards 26 shall be transmitted to the commission for review and 27 evaluation. 04238'99 19 1 (2) The commission shall complete a standardized evaluation 2 sheet for each contest or exhibition of unarmed combat judged by 3 a licensee. The commission shall periodically review and evalu- 4 ate the evaluation sheets. 5 Sec. 33. (1) The commission may suspend or revoke a partic- 6 ipant license issued under this act for a violation of this act 7 or rules promulgated under this act after an administrative 8 hearing. 9 (2) Upon receipt of an application for reinstatement and the 10 payment of a penalty prescribed by the commission, the commission 11 may reinstate a revoked license or lift a suspension. If disci- 12 plinary action is taken against a person under this act that does 13 not relate to a contest or exhibition of unarmed combat, the com- 14 mission may, in lieu of suspending or revoking a license, pre- 15 scribe an administrative fine. If disciplinary action is taken 16 against a person under this act that relates to the preparation 17 for a contest or an exhibition of unarmed combat, the occurrence 18 of a contest or an exhibition of unarmed combat, or any other 19 action taken in conjunction with a contest or an exhibition of 20 unarmed combat, the commission may prescribe an administrative 21 fine in an amount not to exceed 100% of the share of the purse to 22 which the holder of the license is entitled for the contest or 23 exhibition. This administrative fine may be imposed in addition 24 to or in lieu of any other disciplinary action that is taken 25 against the person by the commission. 04238'99 20 1 (3) If an administrative fine is imposed under this section, 2 the commission may recover the costs of the proceeding, including 3 investigative costs and attorney fees. 4 Sec. 35. (1) A contestant participating in an unarmed 5 combat contest or exhibition shall be insured for not less than 6 $1,000.00 for medical and hospital expenses to be paid to the 7 contestant to cover injuries sustained in the contest and for not 8 less than $5,000.00 to be paid in accordance with the statutes of 9 descent and distribution of personal property if the contestant 10 should die as a result of injuries received in an unarmed combat 11 contest or exhibition. 12 (2) A promoter of an unarmed combat contest or exhibition 13 between professionals shall insure each contestant participating 14 in the contest or exhibition in the amounts described in 15 subsection (1). 16 Sec. 37. (1) If a person, promoter, boxing club, corpora- 17 tion, or association fails to make a report of a contest or exhi- 18 bition of unarmed combat at the time prescribed by this act, or 19 if the report is unsatisfactory to the commission, it may examine 20 the books and records of the person, promoter, boxing club, cor- 21 poration, or association and subpoena and examine under oath the 22 officers of the boxing club, corporation, or association and 23 other persons as witnesses for the purpose of determining the 24 total amount of its gross receipts for a contest or exhibition of 25 unarmed combat, and the amount of the tax due under this act, 26 which tax the commission shall fix and determine. If a default 27 of the payment of a tax is made, after 20 days' notice to the 04238'99 21 1 delinquent person, promoter, association, or corporation of the 2 amount defaulted, the commission shall revoke the license of the 3 delinquent person, participant, promoter, association, or 4 corporation. A person, promoter, association, or corporation 5 whose license is revoked under this section is disqualified from 6 receiving a new license or renewal of license. 7 (2) A promoter and a broadcasting network for television, at 8 least 72 hours before a contest or exhibition of unarmed combat 9 or combination of those events is to be held, shall each file 10 with the commission a copy of all contracts entered into for the 11 sale, lease, or other exploitation of television rights for the 12 contest or exhibition. Contracts filed with the commission under 13 this section are exempt from disclosure under the freedom of 14 information act, 1976 PA 442, MCL 15.231 to 15.246. 15 (3) The promoter shall keep detailed records of the accounts 16 and other documents related to his or her receipts from the sale, 17 lease, or other exploitation on the television rights for a con- 18 test or exhibition. The commission, at any time, may inspect 19 these accounts and documents to determine the amount of the total 20 gross receipts received by the promoter from the television 21 rights. 22 (4) If a promoter or a network fails to comply with the 23 requirements of this section, the commission may determine the 24 amount of total gross receipts from the sale, lease, or other 25 exploitation of television rights for the contest or exhibition 26 and assess the appropriate fee or tax. 04238'99 22 1 Sec. 39. (1) A professional contest or exhibition of 2 unarmed combat involving boxing shall be of not more than 10 3 rounds in length, except a contest or exhibition of unarmed 4 combat involving boxing which involves a national or interna- 5 tional championship may last not more than 20 rounds in the 6 determination of the department. The contestants shall wear 7 during a contest gloves weighing at least 6 ounces each. Rounds 8 shall be not longer than 3 minutes, with not less than 1-minute 9 rest between rounds. 10 (2) A contestant or participant in a professional or amateur 11 contest or exhibition of unarmed combat involving boxing shall be 12 certified to be in proper physical condition by an individual 13 licensed as a physician before participating in a contest or 14 exhibition of unarmed combat involving boxing. 15 Sec. 41. (1) At the expense of a promoter or boxing club, a 16 physician shall be in attendance at each contest or exhibition of 17 unarmed combat. The physician shall observe the physical condi- 18 tion of the contestants and advise the referee or judges with 19 regard to the health of those contestants. The physician shall 20 examine each contestant before entering the ring. 21 (2) A promoter or boxing club shall file with the commission 22 the report of the physical examination of a contestant not later 23 than 24 hours after termination of the contest or exhibition of 24 unarmed combat. 25 (3) If, in the opinion of the physician, the health or 26 safety of a contestant requires that the contest or exhibition of 27 unarmed combat in which he or she is participating be terminated, 04238'99 23 1 the physician shall notify the referee. The referee shall 2 terminate the contest or exhibition of unarmed combat. 3 Sec. 43. If a contestant or participant loses consciousness 4 during or as a result of a contest or exhibition of unarmed 5 combat in which he or she participates, he or she shall not again 6 be eligible to participate in a contest or exhibition of unarmed 7 combat in this state unless examined by a physician appointed by 8 the commission and unless the physician certifies the 9 contestant's or participant's fitness to participate. The con- 10 testant or participant shall pay the cost of the examination. 11 Sec. 45. Article 8 of the occupational code, 1980 PA 299, 12 MCL 339.801 to 339.814, is repealed. 13 Sec. 47. This act takes effect January 1, 2001. 04238'99 Final page. LBO