REQUIRES TWO THIRDS MAJORITY VOTE (§ 5)                 

                                            (REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

March 19, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions relating to unarmed combat. (BDR 41‑1195)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  1.  “Manager” means a person who:

1-4    (a) Undertakes to represent the interests of another person, by

1-5  contract, agreement or other arrangement, in procuring, arranging or

1-6  conducting a professional contest or exhibition in which that person will

1-7  participate as a contestant;

1-8    (b) Directs or controls the activities of an unarmed combatant relating

1-9  to the participation of the unarmed combatant in professional contests or

1-10  exhibitions;

1-11    (c) Receives or is entitled to receive at least 10 percent of the gross

1-12  purse or gross income of any professional unarmed combatant for

1-13  services relating to the participation of the unarmed combatant in a

1-14  professional contest or exhibition; or

1-15    (d) Receives compensation for services as an agent or representative

1-16  of an unarmed combatant.

1-17    2.  The term does not include an attorney who is licensed to practice

1-18  law in this state if his participation in any of the activities described in

1-19  subsection 1 is limited solely to his legal representation of a client who is

1-20  an unarmed combatant.

2-1    Sec. 3.  “Sanctioning organization” means an organization that

2-2  sanctions professional contests of unarmed combat in this state.

2-3    Sec. 4.  1.  “Unarmed combatant” means any person who engages

2-4  in unarmed combat in a contest or exhibition, whether or not the person

2-5  receives remuneration.

2-6    2.  The term includes, without limitation:

2-7    (a) A contestant; and

2-8    (b) An amateur boxer who:

2-9       (1) Is registered with the United States Amateur Boxing, Inc., or

2-10  any other amateur organization recognized by the commission; and

2-11      (2) Participates in an amateur boxing contest or exhibition in this

2-12  state that is registered and sanctioned by the United States Amateur

2-13  Boxing, Inc., or Golden Gloves of America.

2-14    3.  The term does not include a person who participates in a contest

2-15  or exhibition that is exempt from the provisions of this chapter.

2-16    Sec. 5.  1.  The commission may require a sanctioning organization

2-17  or a broadcasting network for television that televises professional

2-18  contests of unarmed combat in this state to register with the commission

2-19  before it participates, directly or indirectly, in any professional contest or

2-20  exhibition of unarmed combat.

2-21    2.  If such registration is required, the commission shall adopt

2-22  regulations that prescribe, without limitation, the requirements for

2-23  registration and any fees for registration.

2-24    3.  The commission may require a sanctioning organization or

2-25  broadcasting network that applies for registration to:

2-26    (a) Pay the costs of the proceedings relating to the issuance of the

2-27  registration, including, without limitation, investigative costs and

2-28  attorney’s fees; and

2-29    (b) Deposit with the commission such an amount of money as the

2-30  commission deems necessary to pay for those costs. If any amount

2-31  required to be deposited pursuant to this paragraph exceeds the actual

2-32  cost of the proceedings, including, without limitation, investigative costs

2-33  and attorney’s fees, the commission shall refund the excess amount to

2-34  the sanctioning organization or broadcasting network upon the

2-35  completion of the proceedings.

2-36    Sec. 6.  NRS 467.010 is hereby amended to read as follows:

2-37    467.010  As used in this chapter, unless the context otherwise requires,

2-38  the words and terms defined in NRS 467.0101 to 467.0107, inclusive, and

2-39  sections 2, 3 and 4 of this act have the meanings ascribed to them in those

2-40  sections.

2-41    Sec. 7.  NRS 467.080 is hereby amended to read as follows:

2-42    467.080  1.  The commission may issue and revoke licenses to

2-43  conduct, hold or give contests or exhibitions of unarmed combat where an

2-44  admission fee is received in accordance with such terms and provisions as

2-45  the commission prescribes.

2-46    2.  Any application for such a license must be in writing and correctly

2-47  show and define the applicant. The application must be accompanied by an

2-48  annual fee to be fixed by the commission on a uniform scale.

3-1    3.  The commission may deny an application for such a license or

3-2  grant a limited, restricted or conditional license for any cause deemed

3-3  sufficient by the commission.

3-4    4.  Before any license is granted, the applicant must file a bond in an

3-5  amount fixed by the commission but not less than $10,000, executed by the

3-6  applicant as principal, and by a corporation qualified under the laws of this

3-7  state as surety, payable to the State of Nevada, and conditioned upon the

3-8  faithful performance by the applicant of the provisions of this chapter. In

3-9  lieu of a bond, the applicant may deposit with the commission a like

3-10  amount of lawful money of the United States or any other form of security

3-11  authorized by NRS 100.065. If security is provided in the form of a savings

3-12  certificate, certificate of deposit or investment certificate, the certificate

3-13  must state that the amount is not available for withdrawal except upon

3-14  order of the commission. All money which the commission receives

3-15  pursuant to this subsection must be deposited with the state treasurer for

3-16  credit to the athletic commission’s agency account, which is hereby created

3-17  in the state agency fund for bonds.

3-18    [4.] 5. If the commission believes the requirement for a bond is

3-19  inadequate, the commission may require the promoter to make a deposit of

3-20  money in an amount fixed by the commission. The deposit must be made

3-21  not less than 5 days before the contest or exhibition. It may be used to

3-22  satisfy any obligation incurred by the promoter during the staging of the

3-23  contest or exhibition upon order of the commission. After satisfaction of all

3-24  such obligations the commission shall release the remainder to the

3-25  promoter.

3-26    [5.  Subsections 3 and 4]

3-27    6.  The provisions of subsections 4 and 5 do not apply to amateur

3-28  athletic clubs.

3-29    Sec. 8.  NRS 467.1005 is hereby amended to read as follows:

3-30    467.1005  1.  Except as otherwise provided in subsection 2, the

3-31  commission shall keep confidential:

3-32    (a) Any information that it receives concerning an applicant for the

3-33  issuance of a license pursuant to this chapter which is declared confidential

3-34  by law and that is provided to the commission by another governmental

3-35  entity[; and] or the Association of Boxing Commissions;

3-36    (b) Any information contained in a medical record of such an applicant,

3-37  if the information is not relevant to the commission in determining whether

3-38  to grant a license to the applicant[.] ;

3-39    (c) Any information relating to the financial records of an applicant

3-40  or licensee; and

3-41    (d) Any information required to be disclosed to the commission and

3-42  kept confidential pursuant to federal law.

3-43    2.  The commission shall reveal the information set forth in

3-44  subsection 1:

3-45    (a) Upon the lawful order of a court of competent jurisdiction;

3-46    (b) To any person upon the request of the person who is the subject of

3-47  the information; and

3-48    (c) In the course of the necessary administration of this chapter.

4-1    3.  A person seeking an order of a court of competent jurisdiction for

4-2  the disclosure of information described in subsection 1 must submit a

4-3  motion in writing to the court requesting the information. At least 10 days

4-4  before submitting the motion, the person must provide notice to the

4-5  commission, the attorney general and all persons who may be affected by

4-6  the disclosure of the information. [Such] The notice must:

4-7    (a) Include, without limitation, a copy of the motion and all documents

4-8  in support of the motion that are to be filed with the court; and

4-9    (b) Be delivered in person or by certified mail to the last known address

4-10  of each person to whom notice must be provided.

4-11    Sec. 9.  NRS 467.105 is hereby amended to read as follows:

4-12    467.105  1.  Every promoter, in order to present a program of contests

4-13  or exhibitions of unarmed combat, must obtain a permit from the

4-14  commission for each program.

4-15    2.  The commission may deny an application for such a permit or

4-16  grant a limited, restricted or conditional permit for any cause deemed

4-17  sufficient by the commission.

4-18    3.  The commission shall charge and collect the following fees for a

4-19  permit to present a program of contests or exhibitions:

 

4-20  Permit for a promoter who has no place of business in this

4-21  state............................................... $100

4-22  Permit for a promoter who has a place of business in this

4-23  state................................................. 100

 

4-24  The provisions of this subsection do not apply to the presentation of a

4-25  program of amateur contests or exhibitions of unarmed combat.

4-26    Sec. 10.  NRS 467.113 is hereby amended to read as follows:

4-27    467.113  1.  Any member of the commission may conduct hearings.

4-28    2.  All disciplinary hearings conducted under the provisions of this

4-29  chapter [shall] must be preceded by a written notice to be served upon the

4-30  accused at least [30 days prior to] 10 days before the hearing.

4-31    3.  Before any adjudication is rendered, a majority of the members of

4-32  the commission shall [be required to] examine the record and approve the

4-33  adjudication and order.

4-34    4.  The commission shall file a written report of its findings,

4-35  adjudication and order in the record of the proceedings and [shall] send a

4-36  copy to the accused.

4-37    Sec. 11.  NRS 467.115 is hereby amended to read as follows:

4-38    467.115  1.  The commission, or a quorum of three members thereof,

4-39  may:

4-40    (a) Issue subpoenas to require the attendance and testimony of a

4-41  licensee or other person whom the commission believes to have

4-42  information of importance to the [committee;] commission;

4-43    (b) Issue subpoenas duces tecum to require the production of books and

4-44  papers by a licensee or other person whom the commission believes to

4-45  have books or papers of importance to the commission;

4-46    (c) Administer oaths and require testimony under oath;

5-1    (d) Appoint hearing examiners who may administer oaths and receive

5-2  evidence and testimony under oath; and

5-3    (e) Pay such transportation and other expenses of witnesses as it may

5-4  deem reasonable and proper.

5-5    2.  Service of process or notice required pursuant to this section must

5-6  be served in the manner provided for service of process and notices in civil

5-7  actions.

5-8    3.  A person making false oath in a matter before the commission or a

5-9  hearing examiner is guilty of perjury which is a category D felony and

5-10  shall be punished as provided in NRS 193.130.

5-11    Sec. 12.  NRS 467.117 is hereby amended to read as follows:

5-12    467.117  1.  Each member of the commission or the executive

5-13  director of the commission may , upon his own motion[,] or upon the

5-14  verified written [complaint] charge of any person charging a licensee or

5-15  the holder of a permit with violating any provision of this chapter or the

5-16  regulations [promulgated thereunder,] adopted pursuant thereto, suspend

5-17  for a period not exceeding 10 days any license or permit until final

5-18  determination by the commission[, when] if, in his opinion , the action is

5-19  necessary to protect the public welfare and the best interests of the sports

5-20  regulated pursuant to this chapter.

5-21    2.  If a license or permit is suspended pursuant to subsection 1, the

5-22  commission may, upon written notice to the licensee or holder of the

5-23  permit and after a hearing, continue the suspension until it makes a final

5-24  determination of any disciplinary action to be taken against the licensee

5-25  or holder of the permit.

5-26    Sec. 13.  NRS 467.156 is hereby repealed.

5-27    Sec. 14.  This act becomes effective on July 1, 2001.

 

5-28  TEXT OF REPEALED SECTION

 

5-29    467.156  Temporary and permanent suspension of license; notice of

5-30   suspension; hearing. The commission may suspend temporarily

5-31   without a hearing any license issued under this chapter, when in its

5-32   opinion such action is necessary to protect the public welfare and the best

5-33   interest of the sports regulated pursuant to this chapter. The suspension is

5-34   permanent unless within 30 days after a notice of the suspension is

5-35   received by the licensee, he applies in writing for a hearing as provided in

5-36   NRS 467.113. The hearing must be held within 30 days after the receipt of

5-37   the request for the hearing.

 

5-38  H