Assembly Bill No. 446–Assemblymen Perkins, Goldwater and Dini

 

CHAPTER..........

 

AN ACT relating to unarmed combat; authorizing the Nevada athletic commission to require the registration of certain television networks and sanctioning organizations; requiring certain information that must be provided to the commission to be kept confidential; revising the provisions relating to the suspension of a license or permit issued by the commission; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

the provisions set forth as sections 2 to 5, inclusive, of this act.

   Sec. 2.  1.  “Manager” means a person who:

   (a) Undertakes to represent the interests of another person, by

contract, agreement or other arrangement, in procuring, arranging or

conducting a professional contest or exhibition in which that person will

participate as a contestant;

   (b) Directs or controls the activities of an unarmed combatant relating

to the participation of the unarmed combatant in professional contests or

exhibitions;

   (c) Receives or is entitled to receive at least 10 percent of the gross

purse or gross income of any professional unarmed combatant for

services relating to the participation of the unarmed combatant in a

professional contest or exhibition; or

   (d) Receives compensation for services as an agent or representative

of an unarmed combatant.

   2.  The term does not include an attorney who is licensed to practice

law in this state if his participation in any of the activities described in

subsection 1 is limited solely to his legal representation of a client who is

an unarmed combatant.

   Sec. 3.  “Sanctioning organization” means an organization that

sanctions professional contests of unarmed combat in this state.

   Sec. 4.  1.  “Unarmed combatant” means any person who engages

in unarmed combat in a contest or exhibition, whether or not the person

receives remuneration.

   2.  The term includes, without limitation:

   (a) A contestant; and

   (b) An amateur boxer who:

     (1) Is registered with the United States Amateur Boxing, Inc., or

any other amateur organization recognized by the commission; and

     (2) Participates in an amateur boxing contest or exhibition in this

state that is registered and sanctioned by the United States Amateur

Boxing, Inc., or Golden Gloves of America.

   3.  The term does not include a person who participates in a contest

or exhibition that is exempt from the provisions of this chapter.

   Sec. 5.  1.  The commission may require a sanctioning organization

or a broadcasting network for television that televises professional

contests of unarmed combat in this state to register with the commission

before it participates, directly or indirectly, in any professional contest or

exhibition of unarmed combat.

   2.  If such registration is required, the commission shall adopt

regulations that prescribe, without limitation, the requirements for

registration and any fees for registration.

   3.  The commission may require a sanctioning organization or

broadcasting network that applies for registration to:

   (a) Pay the costs of the proceedings relating to the issuance of the

registration, including, without limitation, investigative costs and

attorney’s fees; and

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

commission deems necessary to pay for those costs. If any amount

required to be deposited pursuant to this paragraph exceeds the actual

cost of the proceedings, including, without limitation, investigative costs

and attorney’s fees, the commission shall refund the excess amount to

the sanctioning organization or broadcasting network upon the

completion of the proceedings.

   Sec. 6.  NRS 467.010 is hereby amended to read as follows:

   467.010  As used in this chapter, unless the context otherwise requires,

the words and terms defined in NRS 467.0101 to 467.0107, inclusive, and

sections 2, 3 and 4 of this act have the meanings ascribed to them in those

sections.

   Sec. 7.  NRS 467.080 is hereby amended to read as follows:

   467.080  1.  The commission may issue and revoke licenses to

conduct, hold or give contests or exhibitions of unarmed combat where an

admission fee is received in accordance with such terms and provisions as

the commission prescribes.

   2.  Any application for such a license must be in writing and correctly

show and define the applicant. The application must be accompanied by an

annual fee to be fixed by the commission on a uniform scale.

   3.  The commission may deny an application for such a license or

grant a limited, restricted or conditional license for any cause deemed

sufficient by the commission.

   4.  Before any license is granted, the applicant must file a bond in an

amount fixed by the commission but not less than $10,000, executed by the

applicant as principal, and by a corporation qualified under the laws of this

state as surety, payable to the State of Nevada, and conditioned upon the

faithful performance by the applicant of the provisions of this chapter. In

lieu of a bond, the applicant may deposit with the commission a like

amount of lawful money of the United States or any other form of security

authorized by NRS 100.065. If security is provided in the form of a savings

certificate, certificate of deposit or investment certificate, the certificate

must state that the amount is not available for withdrawal except upon

order of the commission. All money which the commission receives

pursuant to this subsection must be deposited with the state treasurer for

credit to the athletic commission’s agency account, which is hereby created

in the state agency fund for bonds.

   [4.] 5. If the commission believes the requirement for a bond is

inadequate, the commission may require the promoter to make a deposit of

money in an amount fixed by the commission. The deposit must be made

not less than 5 days before the contest or exhibition. It may be used to

satisfy any obligation incurred by the promoter during the staging of the

contest or exhibition upon order of the commission. After satisfaction of all

such obligations the commission shall release the remainder to the

promoter.

   [5.  Subsections 3 and 4]

   6.  The provisions of subsections 4 and 5 do not apply to amateur

athletic clubs.

   Sec. 8.  NRS 467.1005 is hereby amended to read as follows:

   467.1005  1.  Except as otherwise provided in subsection 2, the

commission shall keep confidential:

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

issuance of a license pursuant to this chapter which is declared confidential

by law and that is provided to the commission by another governmental

entity[; and] or the Association of Boxing Commissions;

   (b) Any information contained in a medical record of such an applicant,

if the information is not relevant to the commission in determining whether

to grant a license to the applicant[.] ;

   (c) Any information relating to the financial records of an applicant

or licensee; and

   (d) Any information required to be disclosed to the commission and

kept confidential pursuant to federal law.

   2.  The commission shall reveal the information set forth in

subsection 1:

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

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

the information; and

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

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

the disclosure of information described in subsection 1 must submit a

motion in writing to the court requesting the information. At least 10 days

before submitting the motion, the person must provide notice to the

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

the disclosure of the information. [Such] The notice must:

   (a) Include, without limitation, a copy of the motion and all documents

in support of the motion that are to be filed with the court; and

   (b) Be delivered in person or by certified mail to the last known address

of each person to whom notice must be provided.

   Sec. 9.  NRS 467.105 is hereby amended to read as follows:

   467.105  1.  Every promoter, in order to present a program of contests

or exhibitions of unarmed combat, must obtain a permit from the

commission for each program.

   2.  The commission may deny an application for such a permit or

grant a limited, restricted or conditional permit for any cause deemed

sufficient by the commission.

   3.  The commission shall charge and collect the following fees for a

permit to present a program of contests or exhibitions:

 

Permit for a promoter who has no place of business in this

state....................................................... $100

Permit for a promoter who has a place of business in this

state......................................................... 100

The provisions of this subsection do not apply to the presentation of a

program of amateur contests or exhibitions of unarmed combat.

   Sec. 10.  NRS 467.113 is hereby amended to read as follows:

   467.113  1.  Any member of the commission may conduct hearings.

   2.  All disciplinary hearings conducted under the provisions of this

chapter [shall] must be preceded by a written notice to be served upon the

accused at least [30 days prior to] 10 days before the hearing.

   3.  Before any adjudication is rendered, a majority of the members of

the commission shall [be required to] examine the record and approve the

adjudication and order.

   4.  The commission shall file a written report of its findings,

adjudication and order in the record of the proceedings and [shall] send a

copy to the accused.

   Sec. 11.  NRS 467.115 is hereby amended to read as follows:

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

may:

   (a) Issue subpoenas to require the attendance and testimony of a

licensee or other person whom the commission believes to have

information of importance to the [committee;] commission;

   (b) Issue subpoenas duces tecum to require the production of books and

papers by a licensee or other person whom the commission believes to

have books or papers of importance to the commission;

   (c) Administer oaths and require testimony under oath;

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

evidence and testimony under oath; and

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

deem reasonable and proper.

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

be served in the manner provided for service of process and notices in civil

actions.

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

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

shall be punished as provided in NRS 193.130.

   Sec. 12.  NRS 467.117 is hereby amended to read as follows:

   467.117  1.  Each member of the commission or the executive

director of the commission may , upon his own motion[,] or upon the

verified written [complaint] charge of any person charging a licensee or

the holder of a permit with violating any provision of this chapter or the

regulations [promulgated thereunder,] adopted pursuant thereto, suspend

for a period not exceeding 10 days any license or permit until final

determination by the commission[, when] if, in his opinion , the action is

necessary to protect the public welfare and the best interests of the sports

regulated pursuant to this chapter.

   2.  If a license or permit is suspended pursuant to subsection 1, the

commission may, upon written notice to the licensee or holder of the

permit and after a hearing, continue the suspension until it makes a final

determination of any disciplinary action to be taken against the licensee

or holder of the permit.

   Sec. 13.  NRS 467.156 is hereby repealed.

   Sec. 14.  This act becomes effective on July 1, 2001.

 

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