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 -1-