Assembly Bill No. 467–Assemblymen Goldwater,
Buckley, Koivisto and Perkins

March 10, 1999

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Joint Sponsors: Senators Carlton, Coffin, James,
Porter, Schneider, Shaffer and Titus

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions relating to unarmed combat. (BDR 41-1300)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to unarmed combat; requiring the Nevada athletic commission to maintain certain records; declaring confidential certain information submitted to the commission; authorizing the commission to grant limited, restricted or conditional licenses; revising the provisions relating to applications for licenses; authorizing the commission to take disciplinary actions against certain persons; revising the powers of the commission relating to hearings; prohibiting perjury; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 467 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. The commission shall maintain a file of all applications for

1-4 licenses pursuant to this chapter and a record of all actions taken with

1-5 respect to those applications. The file and record are open to public

1-6 inspection.

1-7 2. The commission may maintain such other files and records as it

1-8 may deem desirable.

1-9 3. Except as otherwise provided in this subsection, all information

1-10 and data:

2-1 (a) Required by the commission to be furnished to it pursuant to this

2-2 chapter or which may be otherwise obtained relating to the finances,

2-3 earnings or revenue of any applicant or licensee;

2-4 (b) Pertaining to the medical record or criminal record of the

2-5 applicant and any background regarding the applicant that has been

2-6 furnished to or obtained by the commission from any source; or

2-7 (c) Provided to a member, agent, employee or representative of the

2-8 commission by a governmental agency or an informer or on the

2-9 assurance that the information would be held in confidence and treated

2-10 as confidential,

2-11 are confidential and may be revealed in whole or in part only in the

2-12 course of the necessary administration of this chapter or upon the lawful

2-13 order of a court of competent jurisdiction. The commission may reveal

2-14 such information and data to an authorized agent of any agency of the

2-15 Federal Government, a state, a political subdivision of a state or the

2-16 government of a foreign country. Notwithstanding any other provision of

2-17 state law, such information may not be otherwise revealed without

2-18 specific authorization by the commission.

2-19 4. A person seeking an order of a court of competent jurisdiction for

2-20 the disclosure of information or data described in subsection 3 must

2-21 submit a motion in writing to the court requesting the information or

2-22 data. At least 10 days before submitting the motion, the person must

2-23 provide notice to the commission, the attorney general and all persons

2-24 who may be affected by the disclosure of the information or data. Such

2-25 notice must:

2-26 (a) Include, without limitation, a copy of the motion and all

2-27 documents in support of the motion that are to be filed with the court;

2-28 and

2-29 (b) Be delivered in person or by certified mail to the last known

2-30 address of each person to whom notice must be provided.

2-31 Sec. 2. NRS 467.100 is hereby amended to read as follows:

2-32 467.100 1. All contestants, promoters, managers, seconds, trainers

2-33 and ring officials must be licensed by the commission. No person may

2-34 participate, directly or indirectly, in any professional contest or exhibition

2-35 of unarmed combat unless he has first procured a license from the

2-36 commission.

2-37 2. The commission may deny an application for a license or grant a

2-38 limited, restricted or conditional license for any cause deemed sufficient

2-39 by the commission.

2-40 3. An application for a license constitutes a request for a

2-41 determination of the applicant’s general suitability, character, integrity,

2-42 and ability to participate or engage in, or be associated with contests or

2-43 exhibitions of unarmed combat. The burden of proof is on the applicant

3-1 to establish to the satisfaction of the commission that the applicant is

3-2 qualified to receive a license. By filing an application with the

3-3 commission, an applicant accepts the risk of adverse public notice,

3-4 embarrassment, criticism, financial loss or other action with respect to

3-5 his application, and expressly waives any claim for damages as a result

3-6 thereof. Any written or oral statement that is made by any member of the

3-7 commission or any witness testifying under oath which is relevant to the

3-8 application and investigation of the applicant is absolutely privileged and

3-9 does not impose liability for defamation or constitute a ground for

3-10 recovery in a civil action.

3-11 4. After an application has been submitted to the commission, the

3-12 application may not be withdrawn unless the commission consents to the

3-13 withdrawal.

3-14 5. The commission may require an applicant to pay any costs related

3-15 to an investigation conducted pursuant to this section, and may, when

3-16 deemed appropriate by the commission, require a deposit of money by an

3-17 applicant in advance for such costs.

3-18 6. The commission shall fix a uniform scale of license fees.

3-19 [3.] 7. It is a violation of this chapter for any person to participate,

3-20 directly or indirectly, as stated in subsection 1, unless he has been granted

3-21 a license therefor.

3-22 Sec. 3. NRS 467.110 is hereby amended to read as follows:

3-23 467.110 1. The commission may suspend or revoke the license of,

3-24 otherwise discipline, or take any combination of such actions against any

3-25 contestant, promoter, ring official or other participant who, in the judgment

3-26 of the commission:

3-27 (a) Enters into a contract for a contest or exhibition of unarmed combat

3-28 in bad faith;

3-29 (b) Participates in any sham or fake contest or exhibition of unarmed

3-30 combat;

3-31 (c) Participates in a contest or exhibition of unarmed combat pursuant

3-32 to a collusive understanding or agreement in which the contestant

3-33 competes in or terminates the contest or exhibition in a manner that is not

3-34 based upon honest competition or the honest exhibition of the skill of the

3-35 contestant;

3-36 (d) Is guilty of a failure to give his best efforts, a failure to compete

3-37 honestly or a failure to give an honest exhibition of his skills in a contest or

3-38 exhibition of unarmed combat; [or]

3-39 (e) Is guilty of an act or conduct that is detrimental to a contest or

3-40 exhibition of unarmed combat, including, but not limited to, any foul or

3-41 unsportsmanlike conduct in connection with a contest or exhibition of

3-42 unarmed combat [.] ; or

4-1 (f) Fails to comply with any limitation, restriction or condition placed

4-2 on his license.

4-3 2. The commission may refuse to issue a license to an applicant who

4-4 has committed any of the acts described in subsection 1.

4-5 Sec. 4. NRS 467.115 is hereby amended to read as follows:

4-6 467.115 1. The commission, or a quorum of three members thereof,

4-7 may [issue subpoenas in connection with investigations requiring] :

4-8 (a) Issue subpoenas to require the attendance and testimony of [or the

4-9 production of books and papers by any] a licensee or other person whom

4-10 the commission believes to have information [, books or papers] of

4-11 importance to [it in making the investigation.] the committee;

4-12 (b) Issue subpoenas duces tecum to require the production of books

4-13 and papers by a licensee or other person whom the commission believes

4-14 to have books or papers of importance to the commission;

4-15 (c) Administer oaths and require testimony under oath;

4-16 (d) Appoint hearing examiners who may administer oaths and receive

4-17 evidence and testimony under oath; and

4-18 (e) Pay such transportation and other expenses of witnesses as it may

4-19 deem reasonable and proper.

4-20 2. Service of process or notice required pursuant to this section must

4-21 be served in the manner provided for service of process and notices in

4-22 civil actions.

4-23 3. A person making false oath in a matter before the commission or

4-24 a hearing examiner is guilty of perjury which is a category D felony and

4-25 shall be punished as provided in NRS 193.130.

4-26 Sec. 5. The amendatory provisions of this act do not apply to offenses

4-27 that were committed before the effective date of this act.

4-28 Sec. 6. This act becomes effective upon passage and approval.

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