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S.B. 135
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PROFESSIONAL BOXING LICENSURE AND
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REGULATION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Pete Suazo
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AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING;
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AMENDING THE TERM OF LICENSES ISSUED UNDER THE UTAH PROFESSIONAL
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BOXING REGULATION ACT; AMENDING CERTAIN DEFINITIONS IN THE ACT; AND
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MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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58-66-102, as last amended by Chapter 208, Laws of Utah 1998
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58-66-302, as enacted by Chapter 11, Laws of Utah 1995
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58-66-604, as last amended by Chapter 83, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-66-102
is amended to read:
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58-66-102. Definitions.
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In addition to the definitions in Section
58-1-102
, as used in this chapter:
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(1) "Bodily injury" means as defined in Section
76-1-601
.
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(2) "Commission" means the Utah Boxing Commission established under Section
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58-66-201
.
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(3) (a) "Contest" means:
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(i) a live boxing contest, match, performance, sparring match, or exhibition demonstrating
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the skill and ability of professional contestants when an admission fee is charged or that is telecast,
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televised, or broadcast to the public in any manner, including television, radio, transmission via
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a cable television system, microwave, closed circuit, satellite, fiber optic link, or any other method
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of distribution; or
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(ii) [a tough man] an elimination tournament contest as defined in Subsection [(15)] (4).
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(b) "Contest" does not include a boxing contest, match, performance, sparring match, or
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exhibition staged outside the state that is telecast, televised, or broadcast as a "pay-per-view
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telecast," closed circuit or otherwise, that is not intended to be available for viewing without the
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payment of a fee for the privilege of viewing the telecast, collected for or based upon each event
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viewed.
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[(15)] (4) "[Tough man] Elimination tournament contest" means a contest in which [tough
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man] elimination tournament contestants compete.
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[(16)] (5) "[Tough man] Elimination tournament contestant" means a person who:
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(a) participates in a contest for a cash purse in any amount or for a noncash purse with
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more than nominal value as defined by rule; and
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(b) is not licensed as a professional contestant in any state.
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[(4)] (6) "Exhibition" means an engagement in which the participants show or display their
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skills without necessarily striving to win.
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[(5)] (7) "Judge" means an individual qualified by training or experience to:
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(a) rate the performance of professional contestants;
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(b) score a contest; and
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(c) determine with other judges whether there is a winner of the contest or whether the
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professional contestants performed equally resulting in a draw.
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[(6)] (8) "Manager" means an individual who represents a professional contestant for the
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purposes of obtaining matches, negotiating terms and conditions of the contract under which the
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professional contestant will engage in a contest, or arranging for a second for the professional
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contestant at a contest.
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[(7)] (9) "Professional contestant" means an individual who participates in a contest for
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a cash purse in any amount or for a noncash purse with more than nominal value as defined by
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rule.
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[(8)] (10) "Promoter" means a person who engages in producing or staging professional
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contests and promotions.
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[(9)] (11) "Promotion" means a single contest or a combination of contests that occur
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during the same time at the same location and that is produced or staged by a promoter.
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[(10)] (12) (a) "Purse" means any money, prize, remuneration, or any other valuable
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consideration a professional contestant receives or may receive for participation in a contest.
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(b) "Purse" does not mean a trophy, medal, or similar object of nominal value as defined
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by rule that is received for participation in a contest.
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[(11)] (13) "Referee" means an individual qualified by training or experience to act as the
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official attending a professional contest at the point of contact between professional contestants
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for the purpose of:
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(a) enforcing the rules relating to the professional contest;
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(b) stopping the contest in the event the health, safety, and welfare of a professional
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contestant or any other person in attendance at the contest is in jeopardy; and
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(c) to act as a judge if so designated by the commission.
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[(12)] (14) "Second" means an individual who attends a professional contestant at the site
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of the contest before, during, and after the contest in accordance with contest rules.
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[(13)] (15) "Serious bodily injury" means as defined in Section
76-1-601
.
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[(14)] (16) "Total gross receipts" means the amount of the face value of all tickets sold to
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a particular contest plus any sums received as consideration for holding the contest at a particular
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location.
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(17) "Ultimate fighting match" means a live match in which:
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(a) an admission fee is charged;
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(b) match rules permit professional contestants to use a combination of boxing, kicking,
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wrestling, hitting, punching, or other combative, contact techniques; and
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(c) match rules do not:
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(i) incorporate a formalized system of combative techniques against which a contestant's
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performance is judged to determine the prevailing contestant;
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(ii) divide a match into two or more equal and specified time periods for a match total of
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no more than 50 minutes; or
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(iii) prohibit contestants from:
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(A) using anything that is not part of the human body, except for boxing gloves, to
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intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion
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of a projectile;
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(B) striking a person who demonstrates an inability to protect himself from the advances
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of an opponent;
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(C) biting; or
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(D) direct, intentional, and forceful strikes to the eyes, groin area, adam's apple area of the
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neck, and temple area of the head.
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Section 2.
Section
58-66-302
is amended to read:
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58-66-302. Term of license -- Expiration -- Renewal.
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(1) (a) Except as provided in Subsection (1)(b), the division shall issue each license under
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this chapter in accordance with a [one-year] two-year renewal cycle established by rule. The
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division may by rule extend or shorten a renewal period by as much as one year to stagger the
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renewal cycles it administers.
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(b) A contest promoter license shall be for a single promotion and shall expire upon
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termination of the promotion.
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(2) At the time of renewal, the licensee shall show satisfactory evidence of compliance
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with renewal requirements to be established by rule by the division in collaboration with the
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commission.
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(3) Each license automatically expires on the expiration date shown on the license unless
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the licensee renews it in accordance with Section
58-1-308
.
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Section 3.
Section
58-66-604
is amended to read:
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58-66-604. Rules.
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(1) The division in collaboration with the commission shall adopt rules in accordance with
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the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the conduct of
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contests and [tough man] elimination tournament contests in the state.
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(2) The rules shall include authority for stopping contests, impounding purses with respect
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to contests when there is a question with respect to the contest, professional contestants, or any
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other licensee associated with the contest, and reasonable and necessary provisions to ensure that
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all obligations of a promoter with respect to any promotion or contest are paid in accordance with
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agreements made by the promoter.
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(3) The rules shall:
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(a) prohibit ultimate fighting matches; and
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(b) require the revocation of the license of any licensee who publicizes, promotes,
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conducts, or engages in an ultimate fighting match.
Legislative Review Note
as of 1-20-00 11:02 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.