House Amendment 1620


PAG LIN




     1  1    Amend Senate File 385, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  By striking everything after the enacting
     1  4 clause and inserting the following:
     1  5    <Section 1.  NEW SECTION.  90B.1  UNARMED COMBAT
     1  6 FIGHTING.
     1  7    This chapter shall be known and may be cited as the
     1  8 "Unarmed Combat Fighting Prohibition Act".
     1  9    Sec. 2.  NEW SECTION.  90B.2  DEFINITIONS.
     1 10    As used in this chapter, unless the context
     1 11 otherwise requires:
     1 12    1.  "Commissioner" means the state commissioner of
     1 13 athletics, who is also the labor commissioner
     1 14 appointed pursuant to section 91.2, or the labor
     1 15 commissioner's designee.
     1 16    2.  "Official" means a person who is employed as a
     1 17 referee, judge, timekeeper, or physician for an event.
     1 18    3.  "Participant" means a person involved in an
     1 19 unarmed combat fighting event and includes unarmed
     1 20 combat fighters, seconds, managers, and event
     1 21 personnel.
     1 22    4.  "Promoter" means a person or business that does
     1 23 at least one of the following:
     1 24    a.  Organizes, holds, advertises, or otherwise
     1 25 conducts an unarmed combat fighting event.
     1 26    b.  Charges admission for the viewing of a
     1 27 professional unarmed combat fighting event received
     1 28 through a closed=circuit, pay=per=view, or similarly
     1 29 distributed signal.
     1 30    5.  "Unarmed combat fighting" means mixed martial
     1 31 arts fighting, extreme fighting, ultimate fighting,
     1 32 shootfighting, or any other fighting in which both of
     1 33 the following apply:
     1 34    a.  The unarmed combat fighters are permitted to
     1 35 use a combination of combative contact techniques,
     1 36 including punches, kicks, chokes, joint locks, and
     1 37 other maneuvers.
     1 38    b.  The unarmed combat fighters are to receive,
     1 39 directly or indirectly, any money, prize, reward,
     1 40 purse, or other compensation, or promise thereof, for
     1 41 the expenses of training, for taking part in the
     1 42 contest, or for winning the contest.
     1 43    Sec. 3.  NEW SECTION.  90B.3  PROHIBITION.
     1 44    A person shall not hold, promote, or participate in
     1 45 an unarmed combat fighting event in this state.
     1 46    This chapter does not apply to the training of
     1 47 unarmed combat fighters.
     1 48    Sec. 4.  NEW SECTION.  90B.4  EXEMPTIONS.
     1 49    An unarmed combat fighting event may be allowed if
     1 50 all of the following apply:
     2  1    1.  The unarmed combat fighters pass a physical
     2  2 examination prior to the unarmed combat fighting
     2  3 event.
     2  4    2.  The promoter and unarmed combat fighters are
     2  5 not under suspension by any other state or sporting
     2  6 regulatory organization.
     2  7    3.  The unarmed combat fighting event is held under
     2  8 rules or restrictions that protect the safety of the
     2  9 unarmed combat fighters.
     2 10    4.  The unarmed combat fighting event is held under
     2 11 the direction and control of an adult referee in the
     2 12 ring who has at least one year of experience in
     2 13 refereeing an event involving a combination of
     2 14 combative techniques and who has passed a physical
     2 15 examination by a licensed physician, including an eye
     2 16 exam, within two years prior to the event.
     2 17    5.  The unarmed combat fighting event is held under
     2 18 the medical supervision of a physician licensed
     2 19 pursuant to Iowa law who is present at the event.
     2 20    6.  The unarmed combat fighting event is held in a
     2 21 manner that will promote maximum safety of the
     2 22 participants and spectators to the extent feasible.
     2 23    Sec. 5.  NEW SECTION.  90B.5  LICENSE.
     2 24    1.  A person shall not act as a promoter as defined
     2 25 in section 90B.2, subsection 4, paragraph "a", without
     2 26 first obtaining a license for each unarmed combat
     2 27 fighting event from the commissioner.  This subsection
     2 28 shall not apply to a promoter as defined in section
     2 29 90B.2, subsection 4, paragraph "b", to a person
     2 30 distributing a closed=circuit, pay=per=view, or
     2 31 similarly distributed signal to a person acting as a
     2 32 promoter as defined in section 90B.2, subsection 4,
     2 33 paragraph "b", or to a person viewing the signal in a
     2 34 private residence.
     2 35    2.  The license application shall be in the form
     2 36 prescribed by the commissioner and shall contain
     2 37 information that is substantially complete and
     2 38 accurate.  Any change in the information provided in
     2 39 the application shall be reported promptly to the
     2 40 commissioner.
     2 41    3.  The application shall be submitted no later
     2 42 than thirty days prior to the intended date of the
     2 43 unarmed combat fighting event.  The commissioner shall
     2 44 inform the promoter within seven days after the
     2 45 application is submitted whether or not the
     2 46 commissioner will grant a license for the event.
     2 47    4.  Each application for a license shall be
     2 48 accompanied by a surety or cash bond in the sum of
     2 49 five thousand dollars, payable to the state of Iowa,
     2 50 which shall be conditioned upon the payment of the tax
     3  1 and any penalties imposed pursuant to this chapter.
     3  2    5.  Each application for an unarmed combat fighting
     3  3 license presented by a promoter shall be accompanied
     3  4 by a two thousand dollar license fee.  Fees collected
     3  5 under this subsection shall be paid into the general
     3  6 fund of the state and are appropriated to the labor
     3  7 commissioner to be used for expenses related to the
     3  8 regulation of unarmed combat fighting in the state.
     3  9    Sec. 6.  NEW SECTION.  90B.6  UNARMED COMBAT
     3 10 FIGHTER PERMIT.
     3 11    1.  Each unarmed combat fighter residing or
     3 12 planning to fight in Iowa shall apply to the
     3 13 commissioner for a permit.  The permit application
     3 14 shall be in the form prescribed by the commissioner.
     3 15 The permit application shall be submitted no later
     3 16 than fourteen days prior to the intended date of the
     3 17 unarmed combat fighter event.
     3 18    2.  The commissioner shall establish by rule a
     3 19 permit fee of not less than one hundred fifty dollars
     3 20 for any unarmed combat fighter seeking to participate
     3 21 in an unarmed combat fighting event held in Iowa.
     3 22 Fees collected under this subsection shall be paid
     3 23 into the general fund of the state and are
     3 24 appropriated to the labor commissioner to be used and
     3 25 distributed for expenses related to the regulation of
     3 26 unarmed combat fighting in the state.
     3 27    3.  The permit application information required by
     3 28 the commissioner shall include but is not limited to
     3 29 the following:
     3 30    a.  The unarmed combat fighter's name and address.
     3 31    b.  The unarmed combat fighter's gender.
     3 32    c.  The unarmed combat fighter's date of birth.
     3 33    d.  The unarmed combat fighter's social security
     3 34 number or, if a foreign unarmed combat fighter, any
     3 35 similar citizen identification number or professional
     3 36 unarmed combat fighter number from the country of
     3 37 residence of the unarmed combat fighter.
     3 38    e.  If an unarmed combat fighter applying to the
     3 39 commissioner for a permit pursuant to this section has
     3 40 been assigned a personal identification number by a
     3 41 professional unarmed combat fighter registry certified
     3 42 by an unarmed combat fighter association or
     3 43 commission, the unarmed combat fighter shall submit to
     3 44 the commissioner the identification number assigned to
     3 45 the unarmed combat fighter by the registry.
     3 46    f.  Two copies of a recent photograph of the
     3 47 unarmed combat fighter.
     3 48    g.  An official government=issued photo
     3 49 identification containing the unarmed combat fighter's
     3 50 photograph and social security number or similar
     4  1 foreign identification number.
     4  2    4.  The commissioner shall issue a permit to an
     4  3 unarmed combat fighter pursuant to this section.  The
     4  4 permit shall contain a recent photograph, the unarmed
     4  5 combat fighter's social security number or similar
     4  6 foreign identification number, and a personal
     4  7 identification number assigned to the unarmed combat
     4  8 fighter if the unarmed combat fighter submitted such a
     4  9 number to the commissioner in accordance with
     4 10 subsection 3, paragraph "e".
     4 11    5.  A permit issued pursuant to this section shall
     4 12 be valid for one year from the date of issue.
     4 13    Sec. 7.  NEW SECTION.  90B.7  EVENT PROMOTER
     4 14 RESPONSIBILITY.
     4 15    A promoter, as defined in section 90B.2, subsection
     4 16 4, paragraph "a", shall be responsible for the conduct
     4 17 of all officials and participants at an unarmed combat
     4 18 fighting event.  The commissioner may reprimand,
     4 19 suspend, deny, or revoke the participation of any
     4 20 promoter, official, or participant for violations of
     4 21 rules adopted by the commissioner.  Rulings or
     4 22 decisions of a promoter or an official are not
     4 23 decisions of the commissioner and are not subject to
     4 24 procedures under chapter 17A.  The commissioner may
     4 25 take action based upon the rulings or decisions of a
     4 26 promoter or an official.  This section shall not apply
     4 27 to a promoter as defined in section 90B.2, subsection
     4 28 4, paragraph "b".
     4 29    Sec. 8.  NEW SECTION.  90B.8  EMERGENCY LICENSE
     4 30 SUSPENSIONS.
     4 31    1.  Notwithstanding the procedural requirements of
     4 32 chapter 17A, the commissioner may orally suspend a
     4 33 license, permit, or participation immediately if the
     4 34 commissioner determines that any of the following have
     4 35 occurred:
     4 36    a.  A license or permit was fraudulently or
     4 37 deceptively obtained.
     4 38    b.  The holder of a license or permit fails at any
     4 39 time to meet the qualifications for issuance.
     4 40    c.  An unarmed combat fighter fails to pass a
     4 41 pre=event physical examination.
     4 42    d.  A promoter allows an unarmed combat fighter
     4 43 without a permit to participate in an unarmed combat
     4 44 fighting event.
     4 45    e.  A promoter allows a person whose license,
     4 46 permit, or authority, issued pursuant to this chapter,
     4 47 is under suspension to participate in an unarmed
     4 48 combat fighting event.
     4 49    f.  A promoter or unarmed combat fighter is under
     4 50 suspension by any other state or sporting regulatory
     5  1 organization.
     5  2    g.  A promoter or unarmed combat fighter is under
     5  3 suspension in any state.
     5  4    h.  A promoter, unarmed combat fighter, or
     5  5 participant is in violation of rules adopted pursuant
     5  6 to section 90B.10.
     5  7    2.  A written notice of a suspension issued
     5  8 pursuant to this section shall be given to the person
     5  9 suspended within seven days of the emergency
     5 10 suspension.  The provisions of chapter 17A shall apply
     5 11 once the written notice is given.
     5 12    Sec. 9.  NEW SECTION.  90B.9  SUSPENSIONS, DENIALS,
     5 13 AND REVOCATIONS.
     5 14    1.  The commissioner may suspend, deny, revoke,
     5 15 annul, or withdraw a license, permit, or authority to
     5 16 participate in an unarmed combat fighting event if any
     5 17 of the following occur:
     5 18    a.  Any of the reasons enumerated in section 90B.8.
     5 19    b.  Failure to pay fees and penalties due pursuant
     5 20 to sections 90B.5, 90B.6, 90B.12, and 90B.13.
     5 21    2.  The provisions of chapter 17A shall apply to
     5 22 actions under this section.
     5 23    Sec. 10.  NEW SECTION.  90B.10  RULES.
     5 24    1.  The commissioner shall adopt rules, pursuant to
     5 25 chapter 17A, that the commissioner determines are
     5 26 reasonably necessary to administer and enforce this
     5 27 chapter.
     5 28    2.  The commissioner may adopt the rules of a
     5 29 recognized national or world unarmed combat fighting
     5 30 organization that sanctions fighting using a
     5 31 combination of combative techniques to regulate events
     5 32 in this state if the organization's rules provide
     5 33 protection to the unarmed combat fighters
     5 34 participating in the events which is equal to or
     5 35 greater than the protections provided by this chapter
     5 36 or by rules adopted pursuant to this chapter.
     5 37    Sec. 11.  NEW SECTION.  90B.11  REQUIRED CONDITIONS
     5 38 FOR UNARMED COMBAT FIGHTING EVENTS.
     5 39    An unarmed combat fighter shall not take part in an
     5 40 unarmed combat fighting event unless the unarmed
     5 41 combat fighter has been issued a permit pursuant to
     5 42 section 90B.6 prior to the event.  The unarmed combat
     5 43 fighter shall pass a rigorous physical examination to
     5 44 determine the unarmed combat fighter's fitness to
     5 45 engage in any such event within twenty=four hours of
     5 46 the start of the event.  The examination shall be
     5 47 conducted by a licensed practicing physician
     5 48 designated or authorized by the commissioner.
     5 49    Sec. 12.  NEW SECTION.  90B.12  WRITTEN REPORT
     5 50 FILED == TAX DUE == PENALTY.
     6  1    1.  A promoter shall, within twenty days after an
     6  2 unarmed combat fighting event, furnish to the
     6  3 commissioner a written report stating the number of
     6  4 tickets sold, the gross amount of admission proceeds
     6  5 of the unarmed combat fighting event, and other
     6  6 matters the commissioner may prescribe by rule.  The
     6  7 value of complimentary tickets in excess of five
     6  8 percent of the number of tickets sold shall be
     6  9 included in the gross admission receipts.  Within
     6 10 twenty days of the event, the promoter shall pay to
     6 11 the treasurer of state a tax of five percent of its
     6 12 total gross receipts, after deducting state sales tax,
     6 13 from the sale of tickets of admission to the unarmed
     6 14 combat fighting event.  Fees collected under this
     6 15 subsection shall be paid into the general fund of the
     6 16 state and are appropriated to the labor commissioner
     6 17 to be used and distributed for expenses related to the
     6 18 regulation of unarmed combat fighting in the state.
     6 19    2.  If the promoter fails to make a timely report
     6 20 within the time prescribed, or if the report is
     6 21 unsatisfactory to the commissioner, the commissioner
     6 22 may examine or cause to be examined the books and
     6 23 records of the promoter, and subpoena and examine
     6 24 under oath witnesses, for the purpose of determining
     6 25 the total amount of the gross admission receipts for
     6 26 any unarmed combat fighting event and the amount of
     6 27 tax due pursuant to the provisions of this chapter.
     6 28 The commissioner may, as the result of such
     6 29 examination, fix and determine the tax, and may also
     6 30 assess the promoter the reasonable cost of conducting
     6 31 the examination.  If a promoter defaults in the
     6 32 payment of any tax due or the costs incurred in making
     6 33 such examination, the promoter shall forfeit to the
     6 34 state the sum of five thousand dollars, which may be
     6 35 recovered by the attorney general pursuant to the bond
     6 36 required under section 90B.5, subsection 4.
     6 37    Sec. 13.  NEW SECTION.  90B.13  LICENSE PENALTY.
     6 38    A person who acts as a promoter without first
     6 39 obtaining a license commits a serious misdemeanor.  In
     6 40 addition to criminal penalties, the promoter shall be
     6 41 liable to the state for the taxes, costs, and
     6 42 penalties pursuant to section 90B.12.
     6 43    Sec. 14.  ADMINISTRATIVE RULES == TRANSITION
     6 44 PROVISION.  Any rule, regulation, form, order, or
     6 45 directive promulgated by the commissioner and in
     6 46 effect on the effective date of this Act shall
     6 47 continue in full force and effect until amended,
     6 48 repealed, or supplemented by affirmative action of the
     6 49 commissioner under the duties and powers of this Act.
     6 50    Sec. 15.  UNARMED COMBAT REPORT.  The commissioner
     7  1 shall submit a report to the members of the general
     7  2 assembly by January 1, 2009, about the commissioner's
     7  3 ability to effectively regulate unarmed combat
     7  4 fighting in the state under this chapter and shall
     7  5 include information about the amateur and professional
     7  6 events regulated.
     7  7    Sec. 16.  EFFECTIVE DATE PROVISIONS.
     7  8    1.  Except as provided in subsection 2, this Act
     7  9 takes effect September 1, 2007.
     7 10    2.  For the purpose of accepting license and permit
     7 11 applications, the sections of this Act enacting
     7 12 sections 90B.5 and 90B.6 take effect August 1, 2007."
     7 13 #2.  Title page, by striking lines 1 and 2 and
     7 14 inserting the following:  <An Act regulating unarmed
     7 15 combat fighting, imposing taxes, fees, and penalties,
     7 16 and providing effective dates.>
     7 17
     7 18
     7 19                               
     7 20 COMMITTEE ON LABOR
     7 21 R. OLSON of Polk, Chairperson
     7 22 SF 385.301 82
     7 23 ak/cf/9203

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