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 keep certain information confidential; 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 a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2, the commission

1-4 shall keep confidential:

1-5 (a) Any information that it receives concerning an applicant for the

1-6 issuance of a license pursuant to this chapter which is declared

1-7 confidential by law and that is provided to the commission by another

1-8 governmental entity; and

1-9 (b) Any information contained in a medical record of such an

1-10 applicant, if the commission did not consider the information to

1-11 determine whether to grant a license to the applicant.

2-1 2. The commission may reveal the information set forth in

2-2 subsection 1:

2-3 (a) Upon the lawful order of a court of competent jurisdiction;

2-4 (b) To any person upon the request of the person who is the subject of

2-5 the information; and

2-6 (c) In the course of the necessary administration of this chapter.

2-7 3. A person seeking an order of a court of competent jurisdiction for

2-8 the disclosure of information described in subsection 1 must submit a

2-9 motion in writing to the court requesting the information. At least 10

2-10 days before submitting the motion, the person must provide notice to the

2-11 commission, the attorney general and all persons who may be affected by

2-12 the disclosure of the information. Such notice must:

2-13 (a) Include, without limitation, a copy of the motion and all

2-14 documents in support of the motion that are to be filed with the court;

2-15 and

2-16 (b) Be delivered in person or by certified mail to the last known

2-17 address of each person to whom notice must be provided.

2-18 Sec. 2. NRS 467.100 is hereby amended to read as follows:

2-19 467.100 1. All contestants, promoters, managers, seconds, trainers

2-20 and ring officials must be licensed by the commission. No person may

2-21 participate, directly or indirectly, in any professional contest or exhibition

2-22 of unarmed combat unless he has first procured a license from the

2-23 commission.

2-24 2. The commission may deny an application for a license or grant a

2-25 limited, restricted or conditional license for any cause deemed sufficient

2-26 by the commission.

2-27 3. An application for a license constitutes a request for a

2-28 determination of the applicant’s general suitability, character, integrity,

2-29 and ability to participate or engage in, or be associated with contests or

2-30 exhibitions of unarmed combat. The burden of proof is on the applicant

2-31 to establish to the satisfaction of the commission that the applicant is

2-32 qualified to receive a license. By filing an application with the

2-33 commission, an applicant accepts the risk of adverse public notice,

2-34 embarrassment, criticism, financial loss or other action with respect to

2-35 his application, and expressly waives any claim for damages as a result

2-36 thereof. Any written or oral statement that is made by any member of the

2-37 commission or any witness testifying under oath which is relevant to the

2-38 application and investigation of the applicant is absolutely privileged and

2-39 does not impose liability for defamation or constitute a ground for

2-40 recovery in a civil action.

2-41 4. After an application has been submitted to the commission, the

2-42 application may not be withdrawn unless the commission consents to the

2-43 withdrawal.

3-1 5. The commission shall fix a uniform scale of license fees.

3-2 [3.] 6. In addition to the license fees required by subsection [2,] 5, the

3-3 commission may require an applicant for a license to:

3-4 (a) Pay the costs of the proceedings associated with the issuance of the

3-5 license, including , without limitation, investigative costs and attorney’s

3-6 fees; and

3-7 (b) Deposit with the commission such an amount of money as the

3-8 commission deems necessary to pay for those costs. If any amount required

3-9 to be deposited pursuant to this paragraph exceeds the actual cost of the

3-10 proceedings, including , without limitation, investigative costs and

3-11 attorney’s fees, the commission shall refund the excess amount to the

3-12 applicant upon the completion of the proceedings.

3-13 [4.] 7. It is a violation of this chapter for any person to participate,

3-14 directly or indirectly, as stated in subsection 1, unless he has been granted a

3-15 license therefor.

3-16 Sec. 3. NRS 467.110 is hereby amended to read as follows:

3-17 467.110 1. The commission may suspend or revoke the license of,

3-18 otherwise discipline, or take any combination of such actions against any

3-19 contestant, promoter, ring official or other participant who, in the judgment

3-20 of the commission:

3-21 (a) Enters into a contract for a contest or exhibition of unarmed combat

3-22 in bad faith;

3-23 (b) Participates in any sham or fake contest or exhibition of unarmed

3-24 combat;

3-25 (c) Participates in a contest or exhibition of unarmed combat pursuant to

3-26 a collusive understanding or agreement in which the contestant competes in

3-27 or terminates the contest or exhibition in a manner that is not based upon

3-28 honest competition or the honest exhibition of the skill of the contestant;

3-29 (d) Is guilty of a failure to give his best efforts, a failure to compete

3-30 honestly or a failure to give an honest exhibition of his skills in a contest or

3-31 exhibition of unarmed combat; [or]

3-32 (e) Is guilty of an act or conduct that is detrimental to a contest or

3-33 exhibition of unarmed combat, including, but not limited to, any foul or

3-34 unsportsmanlike conduct in connection with a contest or exhibition of

3-35 unarmed combat [.] ; or

3-36 (f) Fails to comply with any limitation, restriction or condition placed

3-37 on his license.

3-38 2. The commission may refuse to issue a license to an applicant who

3-39 has committed any of the acts described in subsection 1.

3-40 Sec. 4. NRS 467.115 is hereby amended to read as follows:

3-41 467.115 1. The commission, or a quorum of three members thereof,

3-42 may [issue subpoenas in connection with investigations requiring] :

4-1 (a) Issue subpoenas to require the attendance and testimony of [or the

4-2 production of books and papers by any] a licensee or other person whom

4-3 the commission believes to have information [, books or papers] of

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

4-5 (b) Issue subpoenas duces tecum to require the production of books

4-6 and papers by a licensee or other person whom the commission believes

4-7 to have books or papers of importance to the commission;

4-8 (c) Administer oaths and require testimony under oath;

4-9 (d) Appoint hearing examiners who may administer oaths and receive

4-10 evidence and testimony under oath; and

4-11 (e) Pay such transportation and other expenses of witnesses as it may

4-12 deem reasonable and proper.

4-13 2. Service of process or notice required pursuant to this section must

4-14 be served in the manner provided for service of process and notices in

4-15 civil actions.

4-16 3. A person making false oath in a matter before the commission or

4-17 a hearing examiner is guilty of perjury which is a category D felony and

4-18 shall be punished as provided in NRS 193.130.

4-19 Sec. 5. The amendatory provisions of this act do not apply to offenses

4-20 that were committed before the effective date of this act.

4-21 Sec. 6. This act becomes effective upon passage and approval.

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