July 1, 2010, Introduced by Reps. Agema, Green, Meekhof, Proos, Lori, Huckleberry, Mayes, Young, Roy Schmidt, DeShazor, Paul Scott, Ball, Kurtz, Pavlov, Daley, Knollenberg, Spade, Gonzales, Miller, Durhal, Lindberg, Walsh, Booher, Bolger, Meadows, Stamas, Haveman, Hansen, Horn, Cushingberry and Johnson and referred to the Committee on Regulatory Reform.
A bill to regulate amateur mixed martial arts; to create
certain commissions and provide certain powers and duties for
certain state agencies and departments; to license and regulate
certain persons engaged in, and connected to, the business of
amateur mixed martial arts and certain persons conducting certain
contests and exhibitions; to confer immunity under certain
circumstances; to provide for the conducting of certain tests; to
assess certain fees; to create certain funds; to promulgate rules;
and to provide for penalties and remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan amateur mixed martial arts regulatory act".
CHAPTER 1
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
never competed with or against a professional for a prize.
(b) "Brazilian ju-jitsu", also known as "Gracie ju-jitsu",
means a martial art developed in Brazil by the Gracie family during
the mid-twentieth century with a major emphasis on ground fighting
and grappling.
(c) "Choke" means a submission technique that restricts blood
flow in the carotid arteries, resulting in a competitor's either
tapping out or losing consciousness. Some of the most frequently
employed chokes are the guillotine choke, rear-naked choke, leg
triangle choke, and arm triangle choke.
(d) "Commission" means the Michigan amateur mixed martial arts
commission created in section 21.
(e) "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 order issued under this act.
(f) "Department" means the department of energy, labor, and
economic growth.
(g) "Director" means the director of the department.
(h) "Employee of the department" means an individual employed
by the department or a person under contract to the commission
whose duty it is to enforce the provisions of this act or rules
promulgated or orders issued under this act.
(i) "Fish-hooking" means the action of hooking or grasping and
pulling the inside of an opponent's cheek so as to control his or
her head movement.
(j) "Freestyle wrestling" means an Olympic grappling sport
that permits contestants to attack their opponent above and below
the waist.
(k) "Fund" means the Michigan amateur mixed martial arts fund
created in section 22.
(l) "Good moral character" means good moral character as
determined and defined in 1974 PA 381, MCL 338.41 to 338.47.
(m) "Grappling" means a technique of throwing, locking,
holding, and wrestling, as opposed to kicking and punching.
(n) "Greco-Roman wrestling" means an Olympic grappling sport
in which all holds are applied above the waist in an attempt to
throw the opponent.
(o) "Ground and pound" means a term that describes the barrage
of strikes delivered by the contestant who is in his or her
opponent's guard or in the mount position.
Sec. 11. As used in this act:
(a) "Hammer-fist" means a strike with the small finger side of
the fist, as if holding a hammer.
(b) "Ju-jitsu" means gentle art, a traditional Japanese self-
defense that includes kicking, striking, kneeing, throwing,
choking, and joint locks.
(c) "Judo" means the gentle way, a grappling art created by
Jigoro Kano, based on the techniques of ju-jitsu.
(d) "Kickboxing" means a striking sport that permits punches,
kicks, and knees.
(e) "Mixed martial arts" means a general term that describes
the convergence of techniques from a variety of combative sports
disciplines, including boxing, wrestling, judo, ju-jitsu,
kickboxing, and others. Mixed martial arts techniques include the
use of Brazilian ju-jitsu, chokes, freestyle wrestling, grappling,
pankration, Greco-Roman wrestling, shooting, ground and pound,
hammer-fist, judo, ju-jitsu, kickboxing, and muay Thai. Mixed
martial arts techniques do not include the use of fish-hooking and
spiking.
(f) "Muay Thai" means a pure striking art in which blows are
delivered with the hands, feet, knees, and elbows.
(g) "Pankration" means an ancient style of Greek wrestling and
boxing in which kicks, throws, and joint locks are used.
(h) "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.
(i) "Professional" means a person who is competing or has
competed in the past in any professional sport for a money prize.
(j) "Promoter" means any person who produces or stages any
contest or exhibition of amateur mixed martial arts, 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.
(k) "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.
(l) "Rule" means a rule promulgated under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(m) "School", "college", or "university" does not include an
institution formed or operated principally to provide instruction
in amateur mixed martial arts and other sports.
(n) "Shoot" means a wrestling technique wherein a competitor
attempts to capture his or her opponent's legs and take him or her
off his feet.
(o) "Spike" or "spiking" means, after lifting and inverting an
opponent, attempting to slam him or her headfirst into the canvas.
(p) "Strikes" means a cumulative number of punches
administered by a contestant to his or her opponent.
CHAPTER 2
Sec. 20. This act does not apply to the following:
(a) Amateur wrestling.
(b) Amateur martial arts sports or activities held by a public
or private school.
(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.
Sec. 21. (1) There is created within the department a Michigan
amateur mixed martial arts commission, consisting 7 voting members.
The purpose of the commission is to administer, enforce, and
regulate a program of amateur mixed martial arts.
(2) The commission is an independent and autonomous entity
within the department. Subject to subsections (3) and (4), a
majority of the members of the commission shall be licensees under
this act. The department shall control budgeting, procurement,
human resources, information technology, and related management
functions of the commission.
(3) Subject to subsection (4), the governor may appoint, as
the initial members of the commission who are required to be
licensed, individuals who meet either or both of the following
qualifications:
(a) Are certified or otherwise approved by a national
organization that certifies or otherwise approves individuals in
the amateur mixed martial arts.
(b) Have actively engaged in amateur mixed martial arts or
taught in an educational institution which prepares applicants for
licensure, or a combination of both, for not less than the 2 years
immediately preceding their appointment.
(4) Within 3 years after effective date of this act, each
individual appointed under subsection (3) shall be licensed under
this act.
(5) Of the initial members of the commission, the terms of 3
of the members, including 2 of the members who have a license and 1
of the members representing the general public, shall be 4 years;
the terms of 2 of the members, including 1 of the members who have
a license and 1 of the members representing the general public,
shall be 3 years; and the terms of 2 of the members, including 1 of
the members who have a license and 1 of the members representing
the general public, shall be 2 years.
(6) Except as provided in subsection (5), members of the
commission shall serve for a term of 4 years.
(7) Five members of the commission constitute a quorum for the
exercise of the authority conferred upon the commission. 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
and is considered to be a quorum.
(8) 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 amateur mixed martial arts, or combination of those
events, or have any financial interest in the promotion or
sponsorship of those contests or exhibitions. However, this
prohibition does not apply to a member involved in a charity event
promoting the sport or in an awards event naming the best in sport.
(9) The commission shall meet not fewer than 4 times per year,
and shall schedule additional interim meetings upon request and at
the discretion of the chair.
(10) The records of the commission are subject to disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(11) Meetings of the commission are subject to the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
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 department 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 promulgation 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) An amateur mixed martial arts fund is created as a
revolving fund in the state treasury and is administered by the
director. The money in the fund is to be used only for the costs of
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 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 pursuant to
the standardized travel regulations of the department of
technology, management, and budget.
(5) The commission may affiliate with any other state or
national 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 amateur mixed martial arts
contests or exhibitions to be conducted, held, or given within this
state. 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 director, in consultation with the commission, shall
promulgate the following rules:
(a) Rules to establish the procedures and standards of the
conduct of amateur mixed martial arts under this act. The rules may
in whole or in part, adopt by reference any existing standards
considered appropriate by the director and the commission.
(b) Rules to impose license fees for participants as further
described in section 35. Those fees shall be the substantial
equivalent of those participants' license fees imposed upon
professional mixed martial arts participants under the Michigan
unarmed combat regulatory act, 2004 PA 403, MCL 338.3601 to
338.3663.
CHAPTER 3
Sec. 30. (1) A person shall not engage in or attempt to engage
in an activity regulated under this act unless the person is
licensed by the department to engage in that activity or unless the
person is exempt from licensure under this act.
(2) A person who violates subsection (1) is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 93 days, or both.
(3) A person who violates subsection (1) a second or any
subsequent time is guilty of a misdemeanor punishable by a fine of
not more than $1,000.00 or imprisonment for not more than 1 year,
or both. However, a person who knowingly puts a professional in the
ring with an amateur is guilty of a felony punishable by a fine of
$25,000.00 per incident or imprisonment for not more than 5 years,
or both.
(4) Notwithstanding the existence and pursuit of any other
remedy, an affected person may maintain injunctive action in a
court of competent jurisdiction to restrain or prevent a person
from violating subsection (1). If successful in obtaining
injunctive relief, the affected person shall be entitled to actual
costs and attorney fees. As used in this subsection, "affected
person" means a person directly affected by the actions of a person
suspected of violating this act and includes, but is not limited
to, the commission, the department, or a member of the general
public.
(5) An investigation may be conducted by the department to
enforce this act. A person who violates this act is subject to the
strictures prescribed in this section and section 43.
(6) The remedies under this section are independent and
cumulative. The use of 1 remedy by a person shall not bar the use
of other lawful remedies by that person or the use of a lawful
remedy by another person.
Sec. 31. By filing an application for licensure, 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 amateur mixed martial arts contests or exhibitions. The burden
of proof is on the applicant to establish to the satisfaction of
the commission that the applicant is qualified to participate in
mixed martial arts amateur sports.
(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 member of the commission or
any witness testifying under oath regarding an application and
investigation of the applicant is immune from civil liability for
libel, slander, or any other tort relative to any written or oral
statement made by that person.
Sec. 32. An amateur mixed martial arts contest or exhibition
shall not be held or conducted in this state except 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 shall be
in writing and shall correctly show and define the applicant.
(2) An applicant for a promoter's license shall 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) A promoter shall apply for and obtain an annual license
from the department in order to present a program of amateur mixed
martial arts contests or exhibitions. The annual license fee is
$300.00. The commission shall request, and the applicant shall
provide, such information as it determines necessary to ascertain
the financial stability of the applicant.
(4) The promoter shall pay an event fee determined by the
department to pay for the inspection and the officials at each
event.
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, but not less than $300.00.
(b) A requirement that background information be disclosed by
the applicant if the applicant is an individual, or by the
principal officers or members and individuals having at least a 10%
ownership interest if the applicant is any other legal entity, with
emphasis on the applicant's business experience.
(c) Information from the applicant that is not more than 7
years old concerning past and present civil lawsuits, judgments,
and filings under the bankruptcy code.
(d) Any other relevant and material information considered
necessary by the director upon consultation with the commission.
(3) 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. The department, in consultation with the commission,
shall promulgate rules to provide for license fees for all
participants in the activities regulated by this act that are not
otherwise provided for in this act, including, but not limited to,
nurse practitioner, referee, judge, matchmaker, timekeeper, amateur
mixed martial artist, amateur contestant, or manager or a second of
those persons.
CHAPTER 4
Sec. 40. A complaint alleging that a person has violated this
act or a rule promulgated or an order issued under this act shall
be filed with the commission in writing. The department of attorney
general, the department, the commission, or any other person may
file a complaint.
Sec. 41. (1) The department, upon receipt of a complaint under
section 40, immediately shall begin an investigation of the
allegations of the complaint and shall open a correspondence file
for tracking purposes. The department shall acknowledge the
complaint in writing within 15 days after receipt of the complaint.
If the department submits the complaint, the department shall
designate 1 or more employees of the department to investigate and
report all findings.
(2) The department shall conduct the investigation required
under subsection (1). In furtherance of that investigation, the
department may request that the attorney general petition a court
of competent jurisdiction to issue a subpoena requiring a person to
appear before the department and be examined with reference to a
matter within the scope of the investigation and to produce books,
papers, or documents pertaining to the investigation.
(3) The investigative unit of the department, within 30 days
after the department receives the complaint, shall report to the
director on the status of the investigation. If, for good cause
shown, an investigation cannot be completed within 30 days, the
department may extend the time in which a report may be filed.
(4) If the report of the investigative unit of the department
does not disclose a violation of this act or a rule promulgated or
an order issued under this act, the complaint shall be closed by
the department. The reasons for closing the complaint shall be
forwarded to the respondent and complainant, who then may provide
additional information to reopen the complaint.
(5) If the report of the investigative unit made pursuant to
subsection (3) discloses evidence of a violation of this act or a
rule promulgated or an order issued under this act, the department
or the department of attorney general shall prepare the appropriate
action against the respondent, which may be any of the following:
(a) A formal complaint.
(b) A cease and desist order.
(c) A notice of summary suspension subject to sections 42 and
48(5).
(6) At any time during its investigation or after the issuance
of a formal complaint, the department may bring together the
complainant and the respondent for an informal conference. At the
informal conference, the department shall attempt to resolve issues
raised in the complaint and may attempt to aid the parties in
reaching a formal settlement or stipulation.
Sec. 42. (1) After an investigation has been conducted under
section 41, the department may issue an order summarily suspending
a license based on an affidavit by a person familiar with the facts
set forth in the affidavit or, if appropriate, based upon an
affidavit on information and belief that an imminent threat to the
integrity of the sport, the public interest, and the welfare and
safety of an amateur mixed martial arts contestant exists.
Thereafter, the proceedings described in this chapter shall be
promptly commenced and decided.
(2) A person whose license has been summarily suspended under
this section may petition the department to dissolve the order.
Upon receiving a petition, the department immediately shall
schedule a hearing to decide whether to grant or deny the requested
relief.
(3) An administrative law hearings examiner shall grant the
requested relief dissolving the summary suspension order, unless
sufficient evidence is presented that an imminent threat to the
integrity of the sport, the public interest, and the welfare and
safety of an amateur mixed martial arts contestant exists that
requires emergency action and continuation of the department's
summary suspension order.
(4) The record created at the hearing to dissolve a summary
suspension order shall become part of the record on the complaint
at a subsequent hearing in a contested case.
(5) A summary suspension of an amateur mixed martial arts
contestant for refusal or failure to submit to a drug test or a
test for the presence of controlled substances, enhancers,
prohibited drugs, or other prohibited substances, as described in
section 48(5), shall proceed under this section.
Sec. 43. (1) After an investigation has been conducted under
section 41, the department may order a person to cease and desist
from a violation of this act or a rule promulgated or order issued
under this act.
(2) A person ordered to cease and desist may request a hearing
before the department if a written request for a hearing is filed
within 30 days after the effective date of the order.
(3) Upon a violation of a cease and desist order issued under
this act, the department of attorney general may apply to a court
of competent jurisdiction to restrain and enjoin, temporarily or
permanently, or both, a person from further violating a cease and
desist order.
Sec. 44. (1) A summary suspension order, cease and desist
order, or injunctive relief issued or granted in relation to a
license is in addition to and not in place of an informal
conference; criminal prosecution; proceeding to deny, revoke, or
suspend a license; or any other action authorized by this act.
(2) After an investigation has been conducted and a formal
complaint prepared under section 41, the department shall serve the
formal complaint upon the respondent and the complainant. At the
same time, the department shall serve the respondent with a notice
describing the compliance conference and hearing process and
offering the respondent a choice of 1 of the following
opportunities:
(a) An opportunity to meet with the department to negotiate a
settlement of the matter.
(b) If the respondent is a licensee under this act, an
opportunity to demonstrate compliance prior to holding a contested
case hearing.
(c) An opportunity to proceed to a contested case hearing.
(3) A respondent upon whom a formal complaint has been served
pursuant to this section may select, within 15 days after the
receipt of notice, 1 of the options described in subsection (2). If
a respondent does not notify the department of the selection of 1
of those options within the time period described in this section,
then the department shall proceed to a contested case hearing as
described in subsection (2)(c).
(4) An informal conference may be attended by a member of the
commission, at the discretion of the department, and may result in
a settlement, consent order, waiver, default, or other method of
settlement agreed upon by the parties and the department. A
settlement may include the revocation or suspension of a license;
censure; probation; restitution; or a sanction provided for in
section 48. The commission may reject a settlement and require a
contested case hearing.
(5) An employee of the department may represent the department
in any contested case hearing.
(6) This chapter does not prevent a person against whom a
complaint has been filed from showing compliance with this act or a
rule promulgated or order issued under this act.
(7) The department or the department of the attorney general
may petition a court of competent jurisdiction to issue a subpoena
to require the person subpoenaed to appear or testify or produce
relevant documentary material for examination at a proceeding.
Sec. 45. (1) At the conclusion of a hearing conducted under
section 44, the administrative law hearings examiner shall submit a
determination of findings of fact and conclusions of law to the
department, the department of attorney general, and the commission,
in a hearing report. The submitted hearing report may recommend the
sanctions to be assessed as prescribed in section 48.
(2) A copy of a hearing report shall be submitted to the
complainant and to the respondent.
(3) Within 60 days after receipt of an administrative law
hearings examiner's hearing report, the commission shall meet and
make a determination of the penalties to be assessed under section
48. The commission's determination shall be made on the basis of
the administrative law hearings examiner's report. A transcript of
a hearing or a portion of the transcript shall be made available to
the commission upon request. If a transcript or a portion of the
transcript is requested, the commission's determination of the
penalty or penalties to be assessed under section 48 shall be made
at a meeting held within 60 days after receipt of the transcript or
portion of the transcript.
(4) If the commission does not determine the appropriate
penalty or penalties to be assessed within the time limits
prescribed by subsection (3), the director may determine the
appropriate penalty and issue a final order.
(5) A member of the commission who has participated in an
investigation or administrative hearing on a complaint filed with
the department or who has attended an informal conference shall not
participate in making a final determination in a proceeding on that
complaint.
Sec. 46. (1) A person seeking a license or renewal under this
act may petition the department and the commission for a review if
that person does not receive a license or renewal.
(2) A petition submitted under subsection (1) shall be in
writing and shall set forth the reasons the petitioner feels that
the licensure or renewal should be issued.
(3) The department may issue a license or renewal if, based on
a review of the qualifications of the person who submitted a
petition under subsection (1), the department and the commission
determine that the person could perform the licensed activity with
competence.
Sec. 47. (1) The department shall initiate an action under
this chapter against an applicant or take any other lawful action
against the license of any contestant, promoter, or other
participant who the department determines has done any of the
following:
(a) Entered into a contract for an amateur mixed martial arts
contest or exhibition in bad faith.
(b) Participated in any sham or fake amateur mixed martial
arts contest or exhibition.
(c) Participated in an amateur mixed martial arts contest or
exhibition pursuant to a collusive understanding or agreement in
which the contestant competes or terminates the amateur mixed
martial arts contest or exhibition in a manner that is not based
upon honest competition or the honest exhibition of the skill of
the contestant.
(d) 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 an amateur mixed martial arts contest or exhibition.
(e) Performed an act or engaged in conduct that is detrimental
to an amateur mixed martial arts contest or exhibition, including,
but not limited to, any foul or unsportsmanlike conduct in
connection with an amateur mixed martial arts contest or
exhibition.
(f) Gambled on the outcome of an amateur mixed martial arts
contest or exhibition in which he or she is a contestant, promoter,
matchmaker, ring official, or second.
(g) Assaulted another licensee, commission member, or employee
of the department while not involved in or while outside the normal
course of an amateur mixed martial arts contest or exhibition.
(h) Practiced 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 amateur mixed
martial arts contestants and participants who test positive for
drugs or fail to submit to a drug test under section 48(3). The
rules shall include the following:
(i) A procedure to allow the commission 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 promulgated under this act are
strictly enforced.
(4) Each promoter shall furnish each member of the commission
present at an amateur mixed martial arts contest or exhibition with
a seat in the area immediately adjacent to the amateur mixed
martial arts contest or exhibition. An additional seat shall be
provided in the venue.
(5) The commission chair, a commission member assigned by the
commission 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 an amateur mixed martial
arts 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 an
amateur mixed martial arts contest or an exhibition, the occurrence
of an amateur mixed martial arts contest or an exhibition, or any
other action taken in conjunction with an amateur mixed martial
arts contest or an exhibition, the commission may prescribe 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) A participant in an amateur mixed martial arts 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.
(4) The promoter is responsible for the cost of the testing
performed under this section.
(5) 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 department.
(b) The refusal or failure of a contestant to submit to the
drug testing ordered by an authorized person.
CHAPTER 5
Sec. 50. (1) A referee, judge, matchmaker, timekeeper, mixed
martial artist, contestant, or manager, or a second of those
persons, shall obtain a participant license from the department
before participating either directly or indirectly in an amateur
mixed martial arts 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 an identification card with
each 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. 51. (1) A person seeking a license under this act as a
judge or referee may be required to satisfactorily pass an
examination or training program acceptable to the department.
(2) A contestant seeking a license under this act as a
contestant shall pass a physical examination that is performed by a
licensed physician, a licensed physician's assistant, or a
certified nurse practitioner acceptable to the department and the
commission.
(3) Until the expiration of 1 year after the effective date of
this act, the department shall issue an equivalent license without
an examination to a person who is licensed in any capacity under
the Michigan unarmed combat regulatory act, 2004 PA 403, MCL
338.3601 to 338.3663, on the effective date of this act, upon
application on a form provided by the department.
Sec. 52. (1) In addition to the requirements of section 51, a
person seeking a license as an amateur referee, judge, or
timekeeper shall referee, judge, or keep time for a minimum of 300
rounds of competitive amateur mixed martial arts.
(2) After a person has successfully completed the requirements
of section 51(2), if applicable, and subsection (1), the commission
may issue the person a license.
Sec. 53. (1) In addition to the requirements of section 52, a
person seeking a license as an amateur judge shall score,
unofficially, not fewer than 200 rounds of amateur mixed martial
arts. 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 amateur mixed martial arts contests or
exhibitions under this subsection. Scorecards shall be transmitted
to the department and the commission for review and evaluation.
(2) An employee of the department or a person authorized by
the commission shall complete a standardized evaluation sheet for
each amateur mixed martial arts contest or exhibition judged by a
licensee. The commission shall annually review the evaluation
sheets. A commission member attending an amateur mixed martial arts
contest or exhibition may also submit to the department a
standardized evaluation sheet.
Sec. 54. (1) A contestant participating in an amateur mixed
martial arts contest or exhibition shall be insured by the promoter
for not less than $10,000.00 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 an
amateur 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. 55. (1) An amateur mixed martial arts contest or
exhibition shall be of not more than 3 rounds in length, except
that an amateur mixed martial arts contest or exhibition that
involves a national or international championship may last not more
than 5 rounds in the determination of the department. During a
contest, the contestants shall wear gloves weighing at least 6
ounces each. Rounds shall be not longer than 3 minutes, with not
less than a 1-minute rest between rounds.
(2) A participant in an amateur mixed martial arts 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 an amateur
mixed martial arts contest or exhibition. The department shall
designate any medical test that may be required to determine
whether the individual is in proper physical condition.
Sec. 56. (1) A licensed physician shall be in attendance at
each amateur mixed martial arts 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 he
or she enters the ring.
(2) If, in the opinion of the physician, the health or safety
of a contestant requires that the amateur mixed martial arts
contest or exhibition in which he or she is participating be
terminated, the physician shall notify the referee. The referee
shall terminate the amateur mixed martial arts contest or
exhibition.
Sec. 57. (1) If a contestant or participant loses
consciousness during or as a result of an amateur mixed martial
arts contest or exhibition in which he or she participates, he or
she shall not again be eligible to participate in an amateur mixed
martial arts 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).
CHAPTER 6
Sec. 60. This act takes effect 90 days after the date it is
enacted into law.