Assembly Bill No. 467–Assemblymen Goldwater,
Buckley, Koivisto and Perkins
March 10, 1999
____________
Joint Sponsors: Senators Carlton, Coffin, James,
Porter, Schneider, Shaffer and Titus
____________
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
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 thereto1-2
a new section to read as follows:1-3
1. The commission shall maintain a file of all applications for1-4
licenses pursuant to this chapter and a record of all actions taken with1-5
respect to those applications. The file and record are open to public1-6
inspection.1-7
2. The commission may maintain such other files and records as it1-8
may deem desirable.1-9
3. Except as otherwise provided in this subsection, all information1-10
and data:2-1
(a) Required by the commission to be furnished to it pursuant to this2-2
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 the2-5
applicant and any background regarding the applicant that has been2-6
furnished to or obtained by the commission from any source; or2-7
(c) Provided to a member, agent, employee or representative of the2-8
commission by a governmental agency or an informer or on the2-9
assurance that the information would be held in confidence and treated2-10
as confidential,2-11
are confidential and may be revealed in whole or in part only in the2-12
course of the necessary administration of this chapter or upon the lawful2-13
order of a court of competent jurisdiction. The commission may reveal2-14
such information and data to an authorized agent of any agency of the2-15
Federal Government, a state, a political subdivision of a state or the2-16
government of a foreign country. Notwithstanding any other provision of2-17
state law, such information may not be otherwise revealed without2-18
specific authorization by the commission.2-19
4. A person seeking an order of a court of competent jurisdiction for2-20
the disclosure of information or data described in subsection 3 must2-21
submit a motion in writing to the court requesting the information or2-22
data. At least 10 days before submitting the motion, the person must2-23
provide notice to the commission, the attorney general and all persons2-24
who may be affected by the disclosure of the information or data. Such2-25
notice must:2-26
(a) Include, without limitation, a copy of the motion and all2-27
documents in support of the motion that are to be filed with the court;2-28
and2-29
(b) Be delivered in person or by certified mail to the last known2-30
address of each person to whom notice must be provided.2-31
Sec. 2. NRS 467.100 is hereby amended to read as follows: 467.100 1. All contestants, promoters, managers, seconds, trainers2-33
and ring officials must be licensed by the commission. No person may2-34
participate, directly or indirectly, in any professional contest or exhibition2-35
of unarmed combat unless he has first procured a license from the2-36
commission.2-37
2. The commission may deny an application for a license or grant a2-38
limited, restricted or conditional license for any cause deemed sufficient2-39
by the commission.2-40
3. An application for a license constitutes a request for a2-41
determination of the applicant’s general suitability, character, integrity,2-42
and ability to participate or engage in, or be associated with contests or2-43
exhibitions of unarmed combat. The burden of proof is on the applicant3-1
to establish to the satisfaction of the commission that the applicant is3-2
qualified to receive a license. By filing an application with the3-3
commission, an applicant accepts the risk of adverse public notice,3-4
embarrassment, criticism, financial loss or other action with respect to3-5
his application, and expressly waives any claim for damages as a result3-6
thereof. Any written or oral statement that is made by any member of the3-7
commission or any witness testifying under oath which is relevant to the3-8
application and investigation of the applicant is absolutely privileged and3-9
does not impose liability for defamation or constitute a ground for3-10
recovery in a civil action.3-11
4. After an application has been submitted to the commission, the3-12
application may not be withdrawn unless the commission consents to the3-13
withdrawal.3-14
5. The commission may require an applicant to pay any costs related3-15
to an investigation conducted pursuant to this section, and may, when3-16
deemed appropriate by the commission, require a deposit of money by an3-17
applicant in advance for such costs.3-18
6. The commission shall fix a uniform scale of license fees.3-19
3-20
directly or indirectly, as stated in subsection 1, unless he has been granted3-21
a license therefor.3-22
Sec. 3. NRS 467.110 is hereby amended to read as follows: 467.110 1. The commission may suspend or revoke the license of,3-24
otherwise discipline, or take any combination of such actions against any3-25
contestant, promoter, ring official or other participant who, in the judgment3-26
of the commission:3-27
(a) Enters into a contract for a contest or exhibition of unarmed combat3-28
in bad faith;3-29
(b) Participates in any sham or fake contest or exhibition of unarmed3-30
combat;3-31
(c) Participates in a contest or exhibition of unarmed combat pursuant3-32
to a collusive understanding or agreement in which the contestant3-33
competes in or terminates the contest or exhibition in a manner that is not3-34
based upon honest competition or the honest exhibition of the skill of the3-35
contestant;3-36
(d) Is guilty of a failure to give his best efforts, a failure to compete3-37
honestly or a failure to give an honest exhibition of his skills in a contest or3-38
exhibition of unarmed combat;3-39
(e) Is guilty of an act or conduct that is detrimental to a contest or3-40
exhibition of unarmed combat, including, but not limited to, any foul or3-41
unsportsmanlike conduct in connection with a contest or exhibition of3-42
unarmed combat4-1
(f) Fails to comply with any limitation, restriction or condition placed4-2
on his license.4-3
2. The commission may refuse to issue a license to an applicant who4-4
has committed any of the acts described in subsection 1.4-5
Sec. 4. NRS 467.115 is hereby amended to read as follows: 467.115 1. The commission, or a quorum of three members thereof,4-7
may4-8
(a) Issue subpoenas to require the attendance and testimony of4-9
4-10
the commission believes to have information4-11
importance to4-12
(b) Issue subpoenas duces tecum to require the production of books4-13
and papers by a licensee or other person whom the commission believes4-14
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 receive4-17
evidence and testimony under oath; and4-18
(e) Pay such transportation and other expenses of witnesses as it may4-19
deem reasonable and proper.4-20
2. Service of process or notice required pursuant to this section must4-21
be served in the manner provided for service of process and notices in4-22
civil actions.4-23
3. A person making false oath in a matter before the commission or4-24
a hearing examiner is guilty of perjury which is a category D felony and4-25
shall be punished as provided in NRS 193.130.4-26
Sec. 5. The amendatory provisions of this act do not apply to offenses4-27
that were committed before the effective date of this act.4-28
Sec. 6. This act becomes effective upon passage and approval.~