House Amendment 2125
PAG LIN
1 1 Amend Senate File 601, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 39, by striking lines 18 through 23 and
1 4 inserting the following:
1 5 <Sec. . NEW SECTION. 90B.1 TITLE.
1 6 This chapter shall be known and may be cited as the
1 7 "Unarmed Combat Fighting Regulation Act".
1 8 Sec. . NEW SECTION. 90B.2 DEFINITIONS ==
1 9 APPLICABILITY.
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, shootfighting, or any
1 32 other fighting, in which the unarmed combat fighters
1 33 are permitted to use a combination of combative
1 34 contact techniques, including punches, kicks, chokes,
1 35 joint locks, and other maneuvers.
1 36 This chapter does not apply to the training of
1 37 unarmed combat fighters.
1 38 Sec. . NEW SECTION. 90B.3 COMPETITION
1 39 REGULATIONS.
1 40 An unarmed combat fighting event may be allowed if
1 41 all of the following apply:
1 42 1. The unarmed combat fighters pass a physical
1 43 examination prior to the unarmed combat fighting
1 44 event.
1 45 2. The licensed promoter and unarmed combat
1 46 fighters are not under suspension by any other state
1 47 or sporting regulatory organization.
1 48 3. The unarmed combat fighting event is held under
1 49 rules or restrictions that protect the safety of the
1 50 unarmed combat fighters.
2 1 4. The unarmed combat fighting event is held under
2 2 the direction and control of an adult referee in the
2 3 ring who has at least one year of experience in
2 4 refereeing an event involving a combination of
2 5 combative techniques and who has passed a physical
2 6 examination by a licensed physician, including an eye
2 7 exam, within two years prior to the event.
2 8 5. The unarmed combat fighting event is held under
2 9 the medical supervision of a physician licensed
2 10 pursuant to chapter 148 or 150A who is present at the
2 11 event.
2 12 6. The unarmed combat fighting event is held in a
2 13 manner that will promote maximum safety of the
2 14 participants and spectators to the extent feasible.
2 15 Sec. . NEW SECTION. 90B.4 LICENSE.
2 16 1. A person shall not act as a promoter as defined
2 17 in section 90B.2, subsection 4, paragraph "a", without
2 18 first obtaining a license for each unarmed combat
2 19 fighting event from the commissioner. This subsection
2 20 shall not apply to a promoter as defined in section
2 21 90B.2, subsection 4, paragraph "b", to a person
2 22 distributing a closed=circuit, pay=per=view, or
2 23 similarly distributed signal to a person acting as a
2 24 promoter as defined in section 90B.2, subsection 4,
2 25 paragraph "b", or to a person viewing the signal in a
2 26 private residence.
2 27 2. The license application shall be in the form
2 28 prescribed by the commissioner and shall contain
2 29 information that is substantially complete and
2 30 accurate. Any change in the information provided in
2 31 the application shall be reported promptly to the
2 32 commissioner.
2 33 3. a. The application shall be submitted no later
2 34 than thirty days prior to the intended date of the
2 35 unarmed combat fighting event. The commissioner shall
2 36 inform the promoter within seven days after the
2 37 application is submitted whether or not the
2 38 commissioner will grant a license for the event.
2 39 b. If a license is not granted, the commissioner
2 40 shall notify the applicant of the reason or reasons
2 41 for the denial. If the denial of the license is due
2 42 to the lack of available state officials to attend the
2 43 unarmed combat fighting event, the commission shall
2 44 suggest alternative dates for the unarmed combat
2 45 fighting event.
2 46 4. Each application for a license shall be
2 47 accompanied by a surety or cash bond in the sum of
2 48 five thousand dollars, payable to the state of Iowa,
2 49 which shall be conditioned upon the payment of the tax
2 50 and any penalties imposed pursuant to this chapter.
3 1 5. Each application for an unarmed combat fighting
3 2 license presented by a promoter shall be accompanied
3 3 by a license fee to be set by rule, not to exceed two
3 4 thousand dollars. Fees collected under this
3 5 subsection shall be paid into the general fund of the
3 6 state and are appropriated to the labor commissioner
3 7 to be used for expenses related to the regulation of
3 8 unarmed combat fighting in the state.
3 9 Sec. . NEW SECTION. 90B.5 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 not to exceed one hundred fifty dollars for
3 20 any unarmed combat fighter seeking to participate in
3 21 an unarmed combat fighting event held in Iowa. Fees
3 22 collected under this subsection shall be paid into the
3 23 general fund of the state and are appropriated to the
3 24 labor commissioner to be used and distributed for
3 25 expenses related to the regulation of unarmed combat
3 26 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. . NEW SECTION. 90B.6 EVENT PROMOTER
4 14 RESPONSIBILITY.
4 15 A licensed promoter, as defined in section 90B.2,
4 16 subsection 4, paragraph "a", shall be responsible for
4 17 the conduct of all 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 licensed promoter or an official are
4 23 not decisions of the commissioner and are not subject
4 24 to procedures under chapter 17A. The commissioner may
4 25 take action based upon the rulings or decisions of a
4 26 licensed promoter or an official. This section shall
4 27 not apply to a promoter as defined in section 90B.2,
4 28 subsection 4, paragraph "b".
4 29 Sec. . NEW SECTION. 90B.7 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. A licensed promoter allows an unarmed combat
4 41 fighter who has failed to pass a pre=event physical
4 42 examination to participate in the unarmed combat
4 43 fighting event.
4 44 d. A licensed promoter allows an unarmed combat
4 45 fighter without a permit to participate in an unarmed
4 46 combat fighting event.
4 47 e. A licensed promoter allows a person whose
4 48 license, permit, or authority, issued pursuant to this
4 49 chapter, is under suspension to participate in an
4 50 unarmed combat fighting event.
5 1 f. A licensed promoter or unarmed combat fighter
5 2 is under suspension by any other state or sporting
5 3 regulatory organization.
5 4 g. A licensed promoter or unarmed combat fighter
5 5 is under suspension in any state.
5 6 h. A licensed promoter, unarmed combat fighter, or
5 7 participant is in violation of rules adopted pursuant
5 8 to section 90B.9.
5 9 2. A written notice of a suspension issued
5 10 pursuant to this section shall be given to the person
5 11 suspended within seven days of the emergency
5 12 suspension. The provisions of chapter 17A shall apply
5 13 once the written notice is given.
5 14 Sec. . NEW SECTION. 90B.8 SUSPENSIONS,
5 15 DENIALS, AND REVOCATIONS.
5 16 1. The commissioner may suspend, deny, revoke,
5 17 annul, or withdraw a license, permit, or authority to
5 18 participate in an unarmed combat fighting event if any
5 19 of the following occur:
5 20 a. Any of the reasons enumerated in section 90B.7.
5 21 b. Failure to pay fees and penalties due pursuant
5 22 to sections 90B.4, 90B.5, 90B.11, and 90B.12.
5 23 2. The provisions of chapter 17A shall apply to
5 24 actions under this section.
5 25 Sec. . NEW SECTION. 90B.9 RULES.
5 26 1. The commissioner shall adopt rules, pursuant to
5 27 chapter 17A, that the commissioner determines are
5 28 reasonably necessary to administer and enforce this
5 29 chapter.
5 30 2. The commissioner may adopt the rules of a
5 31 recognized national or world unarmed combat fighting
5 32 organization that sanctions fighting using a
5 33 combination of combative techniques to regulate events
5 34 in this state if the organization's rules provide
5 35 protection to the unarmed combat fighters
5 36 participating in the events which is equal to or
5 37 greater than the protections provided by this chapter
5 38 or by rules adopted pursuant to this chapter.
5 39 Sec. . NEW SECTION. 90B.10 REQUIRED
5 40 CONDITIONS FOR UNARMED COMBAT FIGHTING EVENTS.
5 41 An unarmed combat fighter shall not take part in an
5 42 unarmed combat fighting event unless the unarmed
5 43 combat fighter has been issued a permit pursuant to
5 44 section 90B.5 prior to the event. The unarmed combat
5 45 fighter shall pass a rigorous physical examination to
5 46 determine the unarmed combat fighter's fitness to
5 47 engage in any such event within twenty=four hours of
5 48 the start of the event. The examination shall be
5 49 conducted by a licensed practicing physician
5 50 designated or authorized by the commissioner.
6 1 Sec. . NEW SECTION. 90B.11 WRITTEN REPORT
6 2 FILED == TAX DUE == PENALTY.
6 3 1. A licensed promoter shall, within twenty days
6 4 after an unarmed combat fighting event, furnish to the
6 5 commissioner a written report stating the number of
6 6 tickets sold, the gross amount of admission proceeds
6 7 of the unarmed combat fighting event, and other
6 8 matters the commissioner may prescribe by rule. The
6 9 value of complimentary tickets in excess of five
6 10 percent of the number of tickets sold shall be
6 11 included in the gross admission receipts. Within
6 12 twenty days of the event, the licensed promoter shall
6 13 pay to the treasurer of state a tax of five percent of
6 14 its total gross receipts, after deducting state sales
6 15 tax, from the sale of tickets of admission to the
6 16 unarmed combat fighting event. Fees collected under
6 17 this subsection shall be paid into the general fund of
6 18 the state and are appropriated to the labor
6 19 commissioner to be used and distributed for expenses
6 20 related to the regulation of unarmed combat fighting
6 21 in the state.
6 22 2. If the licensed promoter fails to make a timely
6 23 report within the time prescribed, or if the report is
6 24 unsatisfactory to the commissioner, the commissioner
6 25 may examine or cause to be examined the books and
6 26 records of the licensed promoter, and subpoena and
6 27 examine under oath witnesses, for the purpose of
6 28 determining the total amount of the gross admission
6 29 receipts for any unarmed combat fighting event and the
6 30 amount of tax due pursuant to the provisions of this
6 31 chapter. The commissioner may, as the result of such
6 32 examination, fix and determine the tax, and may also
6 33 assess the licensed promoter the reasonable cost of
6 34 conducting the examination. If a licensed promoter
6 35 defaults in the payment of any tax due or the costs
6 36 incurred in making such examination, the licensed
6 37 promoter shall forfeit to the state the sum of five
6 38 thousand dollars, which may be recovered by the
6 39 attorney general pursuant to the bond required under
6 40 section 90B.4, subsection 4.
6 41 Sec. . NEW SECTION. 90B.12 LICENSE PENALTY.
6 42 A person who acts as a promoter without first
6 43 obtaining a license commits a serious misdemeanor. In
6 44 addition to criminal penalties, a licensed promoter
6 45 shall be liable to the state for the taxes, costs, and
6 46 penalties pursuant to section 90B.11.>
6 47 #2. Page 58, by inserting after line 23 the
6 48 following:
6 49 <Sec. . ADMINISTRATIVE RULES == TRANSITION
6 50 PROVISION. Any rule, regulation, form, order, or
7 1 directive promulgated by the commissioner and in
7 2 effect on the effective date of the sections of this
7 3 division of this Act enacting chapter 90B shall
7 4 continue in full force and effect until amended,
7 5 repealed, or supplemented by affirmative action of the
7 6 commissioner under the duties and powers of the
7 7 sections of this division of this Act enacting chapter
7 8 90B.
7 9 Sec. . UNARMED COMBAT REPORT. The commissioner
7 10 shall submit a report to the members of the general
7 11 assembly by January 1, 2009, about the commissioner's
7 12 ability to effectively regulate unarmed combat
7 13 fighting in the state under chapter 90B as enacted in
7 14 this division of this Act and shall include
7 15 information about the amateur and professional unarmed
7 16 combat fighting events regulated.
7 17 Sec. . EFFECTIVE DATE PROVISIONS.
7 18 1. Except as provided in subsection 2, the
7 19 sections of this division of this Act enacting chapter
7 20 90B take effect September 1, 2007.
7 21 2. For the purpose of accepting license and permit
7 22 applications, the sections of this division of this
7 23 Act enacting sections 90B.4 and 90B.5 take effect
7 24 August 1, 2007.>
7 25 #3. By renumbering as necessary.
7 26
7 27
7 28
7 29 HUNTER of Polk
7 30
7 31
7 32
7 33 ABDUL-SAMAD of Polk
7 34 SF 601.521 82
7 35 ak/je/9054
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