ENROLLED HOUSE
BILL NO. 2746	By:	Kirby, Joyner, McNiel and Pittman of the House

				and

		Marlatt, Childers and Johnson (Constance) of the Senate

An Act relating to amusements and sports; amending 3A O.S. 2011, Sections 602, 604.1, 604.2, 605, 606, 607, 609, 610, 611, 612, 613, 614, 615, 617 and 619, which relate to the Oklahoma State Athletic Commission; creating George Clinkscale’s Law; defining terms; updating terminology to reflect modification of definitions; modifying Commission membership qualifications; modifying duties of Commission; expanding scope of certain license considerations; prohibiting certain acts; modifying authority to make application for injunctive relief; providing punishment for repeated offenses; modifying liability of certain assessments; modifying computation of total gross receipts; providing for the levying of certain assessment on the total gross receipts of a telecast promoter; defining gross receipts; providing procedures for non-cable operators for the remittance of the assessment; authorizing the Oklahoma State Athletic Commission to require certain report to be filed; providing procedures for cable operators for the remittance of the assessment; requiring the cable system operator to withhold certain proceeds for remittance; requiring the cable system operator to file certain reports; specifying penalty for the making of a false and fraudulent report; and providing for noncodification.

SUBJECT:  Oklahoma State Athletic Commission Act

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:

This act shall be known and may be cited as “George Clinkscale’s Law”.

SECTION 2.     AMENDATORY     3A O.S. 2011, Section 602, is amended to read as follows:

Section 602.  A.  As used in the Oklahoma State Athletic Commission Act:

1.  "Administrator" means the administrator of the Oklahoma State Athletic Commission;

2.  "Amateur combative sports event" means a combative sports event in which the participants have never been licensed as professionals in any combative sport;

3.  "Amateur boxer combative sports practitioner" means a person who has never received or competed for any purse or other article either for the expenses of training therefor or for participating in any boxing combative sports contest or professional exhibition which exceeds in monies or other things of value a sum to be determined by the Oklahoma State Athletic Commission;

3. 4.  "Amateur mixed martial artist" means a person eighteen (18) years of age or older who has never received or competed for any purse or other article either for the expenses of training therefor or for participating in any combative sport contest or professional exhibition which exceeds in monies or other things of value a sum to be determined by the Oklahoma State Athletic Commission;

4. 5.  "Amateur mixed martial arts" means any form of competitive pugilistic contest in which the participants have never been licensed as professionals in any combative sport and blows are delivered with any part of the hands, feet, or knees and multiple combative disciplines are used including grappling.  Such contests take place in a rope-enclosed ring or fenced enclosed cage and are fought in timed rounds;

5. 6.  "Applicant" means any individual, club, association, corporation, partnership or trust which submits to the Oklahoma State Athletic Commission an application for a license or permit pursuant to the Oklahoma State Athletic Commission Act;

6. 7.  "Booking agent" means independent contractors who act as bookers, agents, agencies and representatives who secure engagements and contracts for combative sports participants;

7. 8.  "Boxing" means any form of competitive pugilism or unarmed combat in which a blow is usually struck which may reasonably be expected to inflict injury, including, but not limited to, boxing, wrestling, mixed martial arts, and kickboxing, but shall not include the martial arts as defined by the provisions of this section;

8. 9.  "Broadcast" means any audio or visual transmission sent by any means of signal within, into, or from this state, whether live or taped or time delayed, and includes any replays thereof.  "Broadcast" shall not include any audio or visual transmission sent by any means of signal of any professional boxing event conducted outside this state;

9. 10.  "Cable system operator" means any person who makes available or provides customers a closed-circuit telecast which is pay-per-view, including any person who does so as a direct broadcast satellite provider or other multichannel video service provider;

10. 11.  "Closed-circuit telecast of professional combative sporting events" means telecast rights, including television, cable television, or pay-per-view telecasts, acquired by paying a licensing fee or by paying a contractual price by a business or individual, including, but not limited to, arenas, entertainment or meeting centers, restaurants, bars, taverns, hotels, motels, clubs, and organizations, which offers the viewing of the event to the public or to private residences.  Such events shall include local and state professional boxing combative sports contests and professional exhibitions as defined in this section.  For purposes of Section 622 of this title, "closed-circuit "Closed-circuit telecast" means any such telecast of a professional combative sporting event as described herein which is not intended to be available for viewing without the payment of a fee, collected for or based upon each event viewed, for the privilege of viewing the telecast, and includes pay-per-view;

11. 12.  "Club" means an incorporated or unincorporated association or body of individuals voluntarily united and acting together for some common or special purpose;

12. 13.  "Combative sports" means any form of competitive pugilism or unarmed combat in which a blow is usually struck which may reasonably be expected to inflict injury, including but not limited to boxing, wrestling, mixed martial arts, and kickboxing, but shall not include the martial arts (singular) as defined by the provisions of this section;

13. 14.  "Combative sports practitioner" means a person who competes or spars in a combative sports event and includes boxers, kickboxers, mixed martial artists and wrestlers;

15.  "Commission" means the Oklahoma State Athletic Commission;

14. 16.  "Contest" means a combative sports match event in which it is reasonable to anticipate that the participants strive earnestly in good faith to win;

15. 17.  "Corner person" means, but shall not be limited to, a trainer, a second, or any other individual who attends the participant during a match;

16. 18.  "Event" means a combative sports contest or exhibition including but not limited to a match, bout, contest, show or tournament;

19.  "Exhibition" means a boxing match combative sports event in which the participants show or display their skill by sparring without necessarily striving to win, such as sparring;

17. 20.  "Judge" means an individual other than a referee who shall have a vote in determining the winner of any contest;

18. 21.  "Kickboxing" means any form of competitive pugilistic professional contest or exhibition in which blows are delivered with the hand and any part of the foot.  Such contests or exhibitions take place in a rope-enclosed ring and are fought in timed rounds;

19. 22.  "License" means a certificate issued by the Commission to participants of sanctioned professional combative sports contests, professional exhibitions, and amateur mixed martial arts contests and is a mandatory requirement for participation in such events;

20. 23.  "Manager" means an individual who controls or administers the affairs of any professional combative sports participant, including acting as a booking agent.  "Manager" shall include the representative of a manager as defined by the Commission;

21. 24.  "Martial arts" means any form of karate, kung fu, tae kwon-do, or any other form of martial or self-defense art;

22. 25.  "Matchmaker" means an individual who brings together professional combative sports participants or arranges professional combative sports contests or professional exhibitions;

23. 26.  "Participant" means an individual who takes part in a professional combative sports contest, an amateur mixed martial arts contest, or professional exhibition event;

24. 27.  "Pay-per-view telecasts of professional boxing combative sports events" means telecasts offered by cable television companies to subscribers at a cost in addition to the monthly cable television subscription rate.  Such events shall include local and state professional boxing combative sports contests and professional exhibitions as defined in this section;

25. 28.  "Person" means any individual, partnership, limited liability company, club, association, corporation, or trust or other entity;

26. 29.  "Physician" means an individual licensed under the laws of this state to engage in the general practice of medicine or osteopathic medicine;

27. 30.  "Professional boxer combative sports practitioner" means an individual eighteen (18) years of age or older who competes for money, prizes, or purses, or who teaches, instructs, or assists in the practice of boxing combative sports or sparring as a means of obtaining pecuniary gain;

28. 31.  "Professional boxing contest, amateur mixed martial arts contest, and professional exhibition" mean a combative sports match conducted within this state in which the participants are persons who must be licensed pursuant to the provisions of the Oklahoma State Athletic Commission Act combative sports event" means a combative sports event in which the participants are paid a purse;

29. 32.  "Professional mixed martial arts" means any form of competitive pugilistic contest in which the participants are paid a purse and blows are delivered with any part of the hands, feet, elbows, or knees and multiple combative disciplines are used to include grappling.  Such contests take place in a rope-enclosed ring or fenced enclosed cage and are fought in timed rounds;

30. 33.  "Promote" or "promoting" means producing, staging, sponsoring, organizing or otherwise holding a combative sports event whether or not the event is open to the public;

34.  "Promoter" means any individual, whether a resident or nonresident of Oklahoma, or club or corporation, whether domesticated or not domesticated in Oklahoma, that produces or stages professional contests, amateur mixed martial arts contests, or professional exhibitions conducted within this state and shall include any officer, director, or employees as defined by the Commission;

31. 35.  "Pugilism" means combative sports or the skill or practice of fighting with the fists;

32. 36.  "Purse" means the financial guarantee or any other remuneration or thing of value for which a professional boxer combative sports practitioner participates in a professional boxing contest or professional exhibition combative sports event and shall include the participant's share of any payment received for radio broadcasting, television, including cable television, pay-per-view television, and closed-circuit television, and motion picture rights.  "Purse" shall also include gate receipts and any other prizes;

33. 37.  "Ring official" means any individual who performs an official function during the progress of a professional boxing contest, combative sports event or amateur mixed martial arts contest, or professional exhibition event including but not limited to timekeepers, judges, referees, and attending physicians;

34. 38.  "Sanctioning permit" means a permit issued by the Commission to promoters who make application for official approval of professional boxing contests, combative sports events and amateur mixed martial arts contests and professional exhibitions events;

35. 39.  "Sparring" means to engage in a form of boxing combative sport with jabbing or feinting movements, and the exchange of few heavy blows, such as occurs in a practice or exhibition boxing match;

36. 40.  "Telecast promoter", for purposes of Section 622 of this title, means any promoter who shows or causes to be shown in this state a closed-circuit telecast of any professional boxing combative sports event, whether or not the telecast or event originates conducted in this state.  "Telecast promoter" shall not include a cable system operator;

37. 41.  "Trainer" means an individual who assists, coaches, or instructs any professional boxer combative sports practitioner or amateur mixed martial arts participant artist with respect to physical conditioning, strategy, techniques, or preparation for competition, professional boxing combative sports contests, or professional exhibitions; and

38. 42.  "Vendor" means any individual, firm, organization, club, or corporation that participates in the conduct of a professional boxing contest, combative sports event or amateur mixed martial arts contest, or professional exhibition event conducted in this state by offering for sale food or merchandise, including, but not limited to, wearing apparel, alcoholic and nonalcoholic beverages, souvenirs, and programs.

B.  The Commission may define any term which is not defined in the Oklahoma State Athletic Commission Act.

SECTION 3.     AMENDATORY     3A O.S. 2011, Section 604.1, is amended to read as follows:

Section 604.1  A.  There is hereby re-created, until July 1, 2015, in accordance with the Oklahoma Sunset Law, the Oklahoma State Athletic Commission, which shall be composed of nine (9) members appointed by the Governor with the advice and consent of the Senate.  The member of the Commission initially appointed pursuant to this act shall serve a term of three (3) years that shall expire on June 30, 2006.  Members appointed to the Commission shall serve for terms of three (3) years.  Terms of office shall expire on June 30.  All vacancies and unexpired terms shall be filled in the same manner as the original appointment and within sixty (60) days from the date of the vacancy.  Members may be removed by the Governor for incompetence, willful neglect of duty, corruption in office, or malfeasance in office.

B.  Members appointed to the Commission shall reside in this state and shall have the following qualifications:

1.  Two members shall have experience as a professional boxer combative sports practitioner, other than as a professional wrestler or in professional boxing combative sports promotions;

2.  One member shall have experience as a professional wrestler or in professional wrestling promotions;

3.  One member shall have experience in sports medicine;

4.  One member shall have experience in the cable television business; and

5.  Four members shall represent the public at large as lay members.

C.  No member of the Commission or any person related to a member within the third degree by consanguinity or affinity shall promote, sponsor, or have any financial interest in the promotion or sponsorship of any professional boxing contest combative sports event or professional exhibition amateur mixed martial arts event while a member of the Commission.

D.  The members of the Commission shall elect from their membership a chair and vice-chair to serve for one (1) year terms.  A majority of the members shall constitute a quorum for the purpose of conducting the business of the Commission.  The Commission shall meet at least quarterly, and special meetings may be called by the chair.

E.  The Commission shall comply with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, and the Administrative Procedures Act.

F.  All members of the Commission and such employees as determined by the Commission shall be bonded as required by Sections 85.26 through 85.31 of Title 74 of the Oklahoma Statutes.

G.  Members of the Commission shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties as provided in the State Travel Reimbursement Act.

SECTION 4.     AMENDATORY     3A O.S. 2011, Section 604.2, is amended to read as follows:

Section 604.2  A.  The mission of the Oklahoma State Athletic Commission shall be to expand and promote existing combative sporting events in Oklahoma and to actively work to bring new combative sporting events into Oklahoma.

B.  The Commission shall have the power to:

1.  Promulgate rules and issue orders necessary to carry out the purposes of the Oklahoma State Athletic Commission Act, and enforce the provisions of said act and the rules promulgated pursuant thereto;

2.  Assume jurisdiction over all matters relating to the licensing of professional boxers, trainers, managers combative sports practitioners, amateur mixed martial artists, corner persons, booking agents, matchmakers, promoters, referees, judges, timekeepers, vendors, physicians, announcers, clubs, and corporations associated with a professional boxing contest, combative sports event or professional exhibition amateur mixed martial arts event related thereto;

3.  Set license and permit fees pursuant to the requirements of the Oklahoma State Athletic Commission Act;

4.  Conduct investigations into the qualifications of applicants for licensure and registration;

5.  Conduct investigations and proceedings for alleged violations of the Oklahoma State Athletic Commission Act and order or subpoena the attendance of witnesses, the inspection of records and premises, and the production of relevant books and papers necessary to such investigations and proceedings;

6.  Develop and administer examinations for applicants for licenses and permits; and

7.  Make such expenditures as may be necessary in the performance of its duties.

C.  Any rule promulgated, order made, or action taken prior to July 1, 1999, by the Commissioner of Labor or the Department of Labor pursuant to the provisions of, or rules issued pursuant to, the Oklahoma State Athletic Commission Act shall be considered valid and in effect unless amended, repealed, or rescinded by the Commission.

D.  Any valid license, permit, certificate, or registration issued prior to July 1, 1999, by the Commissioner of Labor pursuant to the Oklahoma State Athletic Commission Act, or rules promulgated pursuant thereto, shall remain valid and in effect until it expires pursuant to law or unless suspended or revoked by the Commission.  Any application for a license, permit, certificate, or registration which is pending on June 30, 1999, is hereby transferred to the Commission.

E.  All personnel, powers, duties, responsibilities, fund balances, encumbrances, obligations, and property, which shall include records, furniture, and equipment of the Department of Labor relating to the regulation of boxing combative sports, are hereby transferred to the Oklahoma State Athletic Commission.

SECTION 5.     AMENDATORY     3A O.S. 2011, Section 605, is amended to read as follows:

Section 605.  A.  The Oklahoma State Athletic Commission may employ an administrator to oversee the organization and activities of the Commission and to ensure compliance with rules promulgated by the Commission.  The administrator shall perform such other duties as the Commission may prescribe.  The salary of the administrator shall be set by the Commission.  The position of administrator shall be an unclassified position.

B.  The Commission may employ an assistant to keep records of all proceedings relating to professional boxing combative sports and amateur mixed martial arts and to preserve all books, documents, and papers belonging to the Commission.  The assistant shall perform such other duties as the Commission may prescribe.  The Commission may employ such other personnel as necessary, subject to statutory full-time-equivalent (FTE) limits applicable to the State Department of Health.

C.  The State Department of Health shall provide administrative support for the Commission, including, but not limited to, office space, equipment, and furnishings, payroll and employee benefit administration and processing, and travel and expense reimbursement, and shall manage the Commission’s funds at the direction of the Commission.  The State Department of Health shall be entitled to reimbursement for the actual cost of providing said administrative support to the Commission from the Oklahoma State Athletic Commission Revolving Fund; provided that said reimbursement shall not exceed in any year ten percent (10%) of the total revenue deposited in the fund in the preceding fiscal year received from fees, administrative fines, reimbursements, bond proceeds and sale of materials, but not including cash bonds held in trust by the Commission.  Upon a written directive of expenditure from Commission funds signed by a majority of the Commission members or the Commission administrator, the State Department of Health shall process and make payment for said expenditure from Commission funds within fifteen (15) business days of receipt of the written directive from the State Department of Health.  All other Commission-directed expenditures shall be processed according to State Department of Health policy.

D.  Employees of the Commission shall be considered unclassified employees of the State Department of Health only for the purpose of administrative support provided by the State Department of Health as prescribed in subsection C of this section.  Persons employed by the Commission shall serve at the direction and pleasure of the Commission and shall answer directly to the Commission administrator and the Commission.

E.  The administrator, the assistant, and any other employees of the Commission or any persons related to said employees within the third degree by either consanguinity or affinity shall be prohibited from promoting, sponsoring, or having any pecuniary interest in any professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event regulated by the Commission with the exception of medical personnel.

SECTION 6.     AMENDATORY     3A O.S. 2011, Section 606, is amended to read as follows:

Section 606.  A.  The Oklahoma State Athletic Commission is hereby vested with jurisdiction to issue sanctioning permits for all professional boxing combative sports contests, and exhibitions and for all amateur mixed martial arts contests, and professional exhibitions held or given within this state and to issue licenses for participants of sanctioned contests and exhibitions.

B.  1.  No person shall promote, nor shall any person participate in, a professional combative sports event or an amateur mixed martial arts event unless the event is sanctioned by the Commission.

2.  Except as provided in paragraphs 1 and 2 of subsection C of this section, no person shall promote an amateur combative sports event unless the event has been sanctioned by a nationally recognized amateur sanctioning body that has been approved by the Commission.

3.  Any person violating the provisions of this subsection shall be punishable pursuant to the provisions of Section 615 of this title.

C.  Specifically exempt from the provisions of the Oklahoma State Athletic Commission Act are the amateur combative sports contests or exhibitions conducted or sponsored by:

1.  Any school, college, or university where the participants are students regularly enrolled in such institutions and the instructors, coaches, and trainers are employees of such institutions.  The term "school, college, or university" shall not include a school or other institution whose principal purpose is to furnish instruction in boxing combative sports or sparring;

2.  Any military installation or branch of the Armed Forces where the participants are employed by the military installation or are members of the branch of the Armed Forces sponsoring the contest or exhibition; and

3.  Amateur boxing matches combative sports events which are sanctioned by a Commission-approved and nationally recognized amateur sanctioning body.  To obtain an exemption from the Oklahoma State Athletic Commission Act under this paragraph, a The nationally recognized amateur sanctioning body must present itself to the Commission and provide a copy of its rules and bylaws for Commission review and approval.  Upon approval, the Commission, or its designated representatives, may visit, attend, investigate and audit, as the Commission deems necessary, any match, event, sanctioning body office or event office for the purpose of determining whether the rules and bylaws of the amateur sanctioning body as submitted to the Commission are being followed.  The Commission administrator shall immediately rescind approval of any nationally recognized amateur sanctioning body, pending a hearing, if said sanctioning body is found to be negligent or noncommittal in the enforcement of the rules and bylaws presented to and approved by the Commission.

C. D.  The following persons are specifically exempt from the provisions of the Oklahoma State Athletic Commission Act:

1.  Practitioners and instructors of the martial arts as defined in Section 602 of this title; and

2.  Instructors of amateur boxers combative sports practitioners if such instructors are not required to be licensed pursuant to other provisions of the Oklahoma State Athletic Commission Act.

SECTION 7.     AMENDATORY     3A O.S. 2011, Section 607, is amended to read as follows:

Section 607.  A.  The Oklahoma State Athletic Commission shall promulgate rules necessary to implement processes for issuing sanctioning permits for professional boxing contests and professional exhibitions combative sports events and amateur mixed martial arts events held or given in this state and for issuing licenses for participants of sanctioned contests and exhibitions, except those events and persons specifically exempt by the provisions of the Oklahoma State Athletic Commission Act.

B.  All persons or entities who participate in any professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event sanctioned by the Commission, including, but not limited to, professional boxers, trainers, managers combative sports practitioners, corner persons, booking agents, matchmakers, promoters, referees, judges, timekeepers, vendors, physicians, announcers, clubs, and corporations associated with a professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event sanctioned by the Commission, shall be required to make application to the Commission for a license to participate in this state in any professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event sanctioned by the Commission.

C.  An application for a sanctioning permit or a license shall be on such form and require such information as shall be prescribed by the Commission.

D.  The Commission shall determine reasonable costs and fees associated with issuing sanctioning permits and licenses.  All costs and fees for sanctioning an event shall be payable by the promoter making application for a sanctioning permit.  Costs and fees for a license may be paid by the participant making application or by the promoter of an event sanctioned by the Commission.

E.  A sanctioning permit shall be in effect upon the date issued by the Commission and shall expire upon the conclusion of the event, unless the sanctioning permit is suspended or revoked for just cause by the Commission.  Licenses shall be in effect upon the date issued by the Commission, and all licenses shall expire June 30 unless the license is suspended or revoked for just cause by the Commission.

F.  Only promoters whose professional boxing contests and professional exhibitions combative sports events or amateur mixed martial arts events have been sanctioned by the Commission are authorized to place a notice of sanction on printed and promotional materials associated with the sanctioned event, which shall include but not be limited to advertising, tickets, programs, posters, souvenirs, wearing apparel, billboards, marquees and promotional signs inside and outside the venue where the event is to be held, and broadcasting, including, but not limited to, radio, television, including cable television, pay-per-view television, and closed-circuit television and motion pictures of the event.  The notice of sanction shall substantially state the following:

"Pursuant to the provisions of Section 601 et seq. of Title 3A of the Oklahoma Statutes and the rules of the Oklahoma State Athletic Commission, THIS EVENT IS SANCTIONED BY THE OKLAHOMA STATE ATHLETIC COMMISSION.  Sanctioning Permit No. _______."

G.  All fees and other monies resulting from sanctioning professional boxing contests and professional exhibitions combative sports events and amateur mixed martial arts events and licenses shall be placed to the credit of the Oklahoma State Athletic Commission Revolving Fund.

SECTION 8.     AMENDATORY     3A O.S. 2011, Section 609, is amended to read as follows:

Section 609.  A.  A sanctioning permit issued by the Oklahoma State Athletic Commission shall be required in order to conduct, sponsor, hold, or participate in professional boxing contests or professional exhibitions combative sports events or amateur mixed martial arts events.

B.  No sanctioning permit shall be issued for conducting or holding any professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event within any political subdivision of this state where a local ordinance or resolution prohibits such contests or exhibitions within the limits of the political subdivision.

SECTION 9.     AMENDATORY     3A O.S. 2011, Section 610, is amended to read as follows:

Section 610.  A.  The Oklahoma State Athletic Commission may issue, withhold, suspend, or revoke any and all licenses and sanctioning permits required by the provisions of the Oklahoma State Athletic Commission Act or the rules promulgated by the Commission.  The Commission may also censure or reprimand any licensee or sanctioning permit holder.

B.  The Commission shall fix a uniform scale of reasonable fees for all licenses, sanctioning permits, and examinations.  The fees shall be set at reasonable cost and shall not exceed the actual expense of issuing licenses and sanctioning permits and administering examinations.

SECTION 10.     AMENDATORY     3A O.S. 2011, Section 611, is amended to read as follows:

Section 611.  Before issuing any license or sanctioning permit, the Oklahoma State Athletic Commission shall consider the following in order of importance:

1.  The preservation of the safety and health of the participants;

2.  The best interest and welfare of the public; and

3.  The best interest of professional boxing combative sports in general.

SECTION 11.     AMENDATORY     3A O.S. 2011, Section 612, is amended to read as follows:

Section 612.  A.  Before any sanctioning permit is issued to any promoter to conduct or hold a professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event, the applicant shall file with the Oklahoma State Athletic Commission a security in the form of a bond, cash, certificate of deposit, or other securities acceptable to the Commission, payable to the State of Oklahoma in an amount determined by the Commission, executed by the applicant and a surety company or companies authorized to do business in this state, and conditioned upon the faithful performance by the promoter, which shall include but not be limited to the cancellation of a professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event without good cause as determined by the Commission once the professional boxing contest or professional exhibition event has been approved by the Commission.

B.  The security required under this section shall guarantee the payment of all taxes, fees, fines and other monies due and payable pursuant to the provisions of the Oklahoma State Athletic Commission Act and the rules promulgated by the Commission, including, but not limited to, the payment of purses to the competitors, any contributions for required insurance, pensions, disability and medical examinations, the repayment to ticket holders of purchased tickets, the payment of fees to ring officials and physicians, and, in the event of the cancellation of a professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event approved by the Commission without good cause, an amount determined by the Commission.

C.  After issuance of a sanctioning permit to a promoter, the Commission may modify the amount of security required to ensure adequate and sufficient coverage for payments of taxes, fees, fines, purses, and other monies due and payable pursuant to the provisions of this section.  Failure of any promoter to obtain the modified security required pursuant to this subsection within such period of time as the Commission may prescribe, shall be grounds for revocation of the sanctioning permit of such promoter.

D.  All proceeds of securities collected pursuant to the provisions of this section shall be placed to the credit of the Oklahoma State Athletic Commission Revolving Fund.

SECTION 12.     AMENDATORY     3A O.S. 2011, Section 613, is amended to read as follows:

Section 613.  The Oklahoma State Athletic Commission may:

1.  Subpoena witnesses and compel the production of any and all books, memoranda, documents, papers, and records showing the receipts and disbursements of any individual, club, or corporation licensed under the provisions of the Oklahoma State Athletic Commission Act;

2.  Administer oaths or affirmations to witnesses;

3.  Require, at any time, the suspension for just cause from involvement in any activity associated with professional boxing combative sports or amateur mixed martial arts of any employee or official employed by any licensee or permittee pursuant to the Oklahoma State Athletic Commission Act;

4.  Prescribe the manner that books and financial or other statements of any licensee or permittee relating to professional boxing combative sports or amateur mixed martial arts shall be kept; and

5.  Visit, investigate, audit, and place accountants and such other persons as the Commission may deem necessary in the offices or places of business related to professional boxing combative sports or amateur mixed martial arts of any licensee or permittee for the purpose of ensuring that the rules of the Commission are complied with.

SECTION 13.     AMENDATORY     3A O.S. 2011, Section 614, is amended to read as follows:

Section 614.  A.  If upon inspection or investigation, or whenever the Oklahoma State Athletic Commission determines that a violation of the Oklahoma State Athletic Commission Act or of any order, standard, or rule promulgated pursuant to the provisions of the Oklahoma State Athletic Commission Act has occurred, the Commission shall give written notice to the alleged violator specifying the cause of the determination.  Such notice shall require that the violations be corrected and specify the terms of such correction or require that the alleged violator appear before the Commission at a time and place specified in the notice and answer the charges.

B.  The Commission shall afford the alleged violator an opportunity for a hearing conducted in conformity with, and records made thereof as provided by the provisions of, the Oklahoma Administrative Procedures Act.  On the basis of the evidence produced at the hearing, the Commission shall make findings of fact and conclusions of law and enter an order thereon.  The Commission shall provide written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing and made written request for notice of the order.

C.  Upon the request of the Commission, the Attorney General shall bring an action against any person violating any of the provisions of the Oklahoma State Athletic Commission Act or violating any order or determination of the Commission.

SECTION 14.     AMENDATORY     3A O.S. 2011, Section 615, is amended to read as follows:

Section 615.  A.  Any person who violates the provisions of the Oklahoma State Athletic Commission Act, upon first conviction, shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than One Thousand Dollars ($1,000.00) or by incarceration in the county jail for not more than thirty (30) days or by both such fine and incarceration.  Any person convicted of a second or subsequent violation shall be guilty of a felony punishable by a fine of not more than Five Thousand Dollars ($5,000.00) or by incarceration in the county jail for a term of not more than one (1) year or by incarceration in the custody of the Department of Corrections for a period of not more than two (2) years or by both such fine and incarceration.  The Oklahoma State Athletic Commission shall suspend or revoke the license of any person convicted of violating the provisions of the Oklahoma State Athletic Commission Act.

B.  In addition to other penalties provided by law, if after a hearing in accordance with the provisions of Section 601 et seq. of this title, the Commission shall find any person licensed by the Commission to be in violation of any of the provisions, such person may be subject to an administrative fine of not more than Five Hundred Dollars ($500.00) or not more than one percent (1%) of gross revenues received for each violation.  Each day a person is in violation of the provisions of Section 601 et seq. of this title may constitute a separate violation.  All administrative fines collected pursuant to the provisions of this subsection shall be placed to the credit of the Oklahoma State Athletic Commission Revolving Fund created pursuant to the provisions of Section 601 et seq. of this title.  Administrative fines imposed pursuant to this subsection shall be enforceable in the district courts of this state.

C.  Upon the request of the Commission, the Attorney General or the district attorney of the appropriate district court may make application to the appropriate court for an order enjoining the acts or practices prohibited by the provisions of Section 601 et seq. of this title, and upon a showing that the person has engaged in any of the prohibited acts or practices, an injunction, restraining order, or other order as may be appropriate shall be granted by the court.

SECTION 15.     AMENDATORY     3A O.S. 2011, Section 617, is amended to read as follows:

Section 617.  A.  Except as otherwise provided in the Oklahoma State Athletic Commission Act, in addition to the payment of any other fees and monies due pursuant to the Oklahoma State Athletic Commission Act and the rules promulgated by the Oklahoma State Athletic Commission, an assessment as provided herein in an amount not to exceed five percent (5%) of the total gross receipts of any professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event conducted in this state, exclusive of any federal tax or tax imposed by any political subdivision of this state, shall be hereby levied and shall be remitted by every promoter and vendor to the Oklahoma State Athletic Commission; provided, however, if the promotion originates in Oklahoma, the promoter and vendor shall only be liable for assessments on the total gross receipts specified in subsections C, D and E of this section and shall not also be liable for the assessments specified in Section 622 of this title.

B.  The assessment established in subsection A of this section shall be calculated as follows:

1.  Five percent (5%) for an event for which the total gross receipts do not exceed One Hundred Thousand Dollars ($100,000.00);

2.  Four percent (4%) for an event for which the total gross receipts are between One Hundred Thousand One Dollars ($100,001.00) and Two Hundred Thousand Dollars ($200,000.00);

3.  Three percent (3%) for an event for which the total gross receipts are between Two Hundred Thousand One Dollars ($200,001.00) and Three Hundred Fifty Thousand Dollars ($350,000.00);

4.  Two percent (2%) for an event for which the total gross receipts are between Three Hundred Fifty Thousand One Dollars ($350,001.00) and Five Hundred Thousand Dollars ($500,000.00); and

5.  One and one-half percent (1.5%) for an event for which the total gross receipts are more than Five Hundred Thousand One Dollars ($500,001.00).

C.  For the purpose of this section, total gross receipts of every promoter shall include:

1.  The gross price charged by the promoter for the sale, lease, or other use of broadcasting, including, but not limited to, radio, television, including cable television, pay-per-view television, and closed-circuit television, or motion picture rights of boxing contests, events, or exhibitions conducted within this state, without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges;

2.  The face value of all tickets sold; and

3. 2.  Proceeds from a vendor, or the promoter's gross price charged for the sale of food, alcoholic and nonalcoholic beverages, or merchandise, including, but not limited to, wearing apparel, souvenirs and programs.

D.  For professional boxing contests or professional exhibitions combative sports events or amateur mixed martial arts events at which admission tickets are not sold, the promoter shall remit an assessment equal to five percent (5%) of the revenues received by the promoter for the event.

E.  For the purpose of this section, total gross receipts of every vendor shall include the gross price charged for the sale of food, alcoholic and nonalcoholic beverages, and merchandise including, but not limited to, wearing apparel, souvenirs, and programs, excluding that portion paid to any promoter.

F.  Payment of the assessment on gross receipts, excepting for motion picture rights unless otherwise specified, shall be due within seventy-two (72) hours after the holding of the professional boxing contest or professional exhibition combative sports event or amateur mixed martial arts event and shall be accompanied by a report in such form as shall be prescribed by the Oklahoma State Athletic Commission.

G.  The first payment of the assessment on gross income received from the sale of motion picture rights shall be due at the end of the month after the date of the sale of the motion picture rights, and further payments shall be due every thirty (30) days thereafter, during the presentation of the picture, and shall be accompanied by a gross receipts report in such form as shall be prescribed by the Oklahoma State Athletic Commission.

H.  Except as otherwise provided in the Oklahoma State Athletic Commission Act, in addition to the payment of any other fees and monies due pursuant to the Oklahoma State Athletic Commission Act and the rules promulgated by the Oklahoma State Athletic Commission, an assessment in an amount of five percent (5%) of the total gross receipts of every telecast promoter shall be levied.  Total gross receipts shall include the gross price charged for the sale, lease, or other use of broadcasting, including, but not limited to, radio, television, including cable television, pay-per-view television, and closed-circuit television, or motion picture rights of combative sports or amateur mixed martial arts contests, events, or exhibitions conducted within this state, without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges.

I.  1.  In the case of facilities at or through which the closed-circuit telecast is shown other than a cable system operator's pay-per-view facilities, the telecast promoter shall, within eight (8) days after the telecast, inclusive of mailing time, file with the Commission a written report detailing the name, address, telephone number, contact person's name, and the details of the payment arrangement for the right to receive the telecast for each facility to which the broadcast was transmitted.

2.  The report shall be accompanied by the assessment payment required under subsection H of this section, excluding any federal, state or local taxes.

3.  The Commission may require the owner or operator of the facility where the telecast is being shown to file a report containing information regarding the amount paid to the telecast promoter for the right to broadcast the telecast, the quality of the audio and video signal, and any other information the Commission deems appropriate.

J.  1.  In the case of a cable system operator's pay-per-view facilities at or through which a closed-circuit telecast was shown within the state, the telecast promoter shall, within thirty (30) days following receipt of the notice of the assessment from the Commission, cause to be filed with the Commission the assessment required pursuant to subsection H of this section, excluding any federal, state, or local taxes.

2.  The cable system operator shall withhold from the proceeds due to the telecast promoter the assessment payment required pursuant to subsection H of this section and remit the assessment to the Commission on behalf of the telecast promoter.  The cable system operator shall not be liable for the remittance of the assessment fee required pursuant to subsection H of this section from any proceeds due to the cable system operator from its pay-per-view events.

3.  The Commission shall require the cable system operator to file reports containing information regarding the number of orders sold and the price charged for orders and any other information the Commission deems appropriate.

4.  Cable system operators shall not be liable to the Commission for the assessment payment required under subsection H of this section.  Nothing in this section shall be deemed to prevent a cable system operator from billing its customer for the assessment payment.

5.  The Commission shall, upon request, provide the telecast promoter with a report detailing the number of orders and the assessment payment due.

K.  Any promoter who willfully makes a false and fraudulent report under this section is guilty of perjury and, upon conviction, is subject to punishment as provided by law.  This penalty shall be in addition to any other penalties imposed in this section.

L.  Gross receipts reports signed under oath shall also include:

1.  The name of the promoter;

2.  The boxing contest or professional exhibition professional combative sports event or amateur mixed martial arts event sanctioning permit number;

3.  The promoter's business address and any license or permit number required of such promoter by law;

4.  Gross receipts as specified by this section, during the period specified by this section; and

5.  Such further information as the Oklahoma State Athletic Commission may require to enable it to compute correctly and collect the assessment levied pursuant to this section.

I. M.  In addition to the information required on reports, the Oklahoma State Athletic Commission may request, and the promoter shall furnish, any information deemed necessary for a correct computation of the assessment levied pursuant to this section.

J. N.  All levies pursuant to this section shall be collected by the Commission and shall be placed to the credit of the Oklahoma State Athletic Commission Revolving Fund.

K. O.  The monies collected from the assessment levied pursuant to the provisions of this section shall be in addition to all other revenues and funds received by the Oklahoma State Athletic Commission.

L. P.  The promoter shall compute and pay to the Oklahoma State Athletic Commission the required assessment due.  If the payment of the assessment is not postmarked or delivered to the Oklahoma State Athletic Commission as specified in subsection subsections F or G through H of this section, whichever is appropriate, the assessment shall be delinquent from such date.

M. Q.  It shall be the duty of every promoter required to make a gross receipts report and pay any assessment pursuant to the provisions of this section to keep and preserve suitable records and documents which may be necessary to determine the amount of assessment due as will substantiate and prove the accuracy of such reports.  All such records shall be preserved for a period of three (3) years, unless the Oklahoma State Athletic Commission, in writing, has authorized their destruction or disposal at an earlier date, and shall be open to examination at any time by the Oklahoma State Athletic Commission or by any of its authorized employees.

SECTION 16.     AMENDATORY     3A O.S. 2011, Section 619, is amended to read as follows:

Section 619.  Beginning February 1, 2000, the Oklahoma State Athletic Commission shall file an annual report of boxing combative sports activities in Oklahoma with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.  Said report shall include but not be limited to the amount of revenue collected, the number of permits and licenses issued and revoked, the number of violations of the Oklahoma State Athletic Commission Act, and the number of professional boxing contests and exhibitions combative sports events and amateur mixed martial arts events conducted.

Passed the House of Representatives the 24th day of May, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 25th day of May, 2012.

	
Presiding Officer of the Senate