This is our starting text

HB-4869, As Passed House, July 25, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4869

A bill to amend 2004 PA 403, entitled

"Michigan boxing regulatory act,"

by amending sections 1, 10, 11, 12, 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, 338.3612, 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~~ For a

boxing contest, amateur is a person who is required to be

registered by USA boxing.

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

commission created in section 20.

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) "Prize" means something offered or given of present or

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

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

(d) ~~(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.

(e) ~~(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.

(f) ~~(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.

(g) ~~(f)~~ "Rule" means a rule promulgated under the

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

24.328.

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

an institution formed or operated principally to provide

instruction in boxing and other sports.

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

(a) Professional or amateur wrestling.

(b) Amateur martial arts sports or activities.

exclusively by an agency of the United States government or by a

school, college, or university or an organization composed

exclusively of those entities if each participant is an amateur.

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

1978, 36 USC 371.

(e) Boxing elimination contests regulated by section 50.

(f) Amateur mixed martial arts.

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. In the case of

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

or only mixed martial arts and where only the members of the board

designated for the particular sport are eligible to confer, the

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

appropriate sport. Under those circumstances, a concurrence of 3

members is necessary to render a decision by the commission.

(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.

(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 only used for the costs of

administration and enforcement of this act or 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.

(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 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 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. 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.

(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 promoter must file a bond with the department in an

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

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, but not more than $10,000.00 per contestant, 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 or mixed martial arts promoter's

license, but not less than $250.00.

(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.

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 boxing and

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.

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.

(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 House Bill No. 4870 of the 94th Legislature is enacted into