GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H                                                                                                                                                    2

HOUSE BILL 1786

Committee Substitute Favorable 5/24/07

Short Title:     Req. Liability Insurance/Toughman Matches.	(Public)
Sponsors:
Referred to:

April 19, 2007

A BILL TO BE ENTITLED

AN ACT to require promoters of toughman matches in north carolina to acquire liability insurance.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143‑652.1 reads as rewritten:

"§ 143‑652.1. Regulation of Boxing.

The Alcohol Law Enforcement Division of the Department of Crime Control and Public Safety shall regulate live boxing and kickboxing matches, whether professional, amateur, sanctioned amateur, or toughman events, in which admission is charged for viewing, or the contestants compete for a purse or prize of value greater than twenty‑five dollars ($25.00). The Division shall have the exclusive authority to approve and issue rules for the regulation of the conduct, promotion, and performances of live boxing, kickboxing, sanctioned amateur, amateur, and toughman matches and exhibitions in this State. The rules shall be issued pursuant to the provisions of Chapter 150B of the General Statutes and may include, without limitation, the following subjects:

(1)       Requirements for issuance of licenses and permits required by this Article.

(2)       Regulation of ticket sales.

(3)       Physical requirements for contestants, including classification by weight and skill.

(4)       Supervision of matches and exhibitions by licensed physicians and referees.

(5)       Insurance and bonding requirements.requirements; provided that insurance requirements for toughman matches conform to the requirements of G.S. 143‑654(e).

(6)       Compensation of participants and licensees.

(7)       Contracts and financial arrangements.

(8)       Prohibition of dishonest, unethical, and injurious practices.

(9)       Facilities.

(10)     Approval of sanctioning amateur sports organizations.

(11)     Procedures and requirements for compliance with the Professional Boxing Safety Act of 1996."

SECTION 2.  G.S. 143‑654 reads as rewritten:

"§ 143‑654.  LicensingLicensing, insurance, and permitting.

(a)       License and Permit Required. – Except for sanctioned amateur matches, it is unlawful for any person to act in this State as an announcer, contestant, judge, manager, matchmaker, promoter, referee, timekeeper, or second unless the person is licensed to do so under this Article. It is unlawful for a promoter to present a match in this State, other than a sanctioned amateur match, unless the promoter has a permit issued under this Article to do so. The Division has the exclusive authority to issue, deny, suspend, or revoke any license or permit provided for in this Article.

(b)       License. – All licenses issued under this Article shall be valid only during the calendar year in which they are issued, except contestant licenses shall be valid for one year from the date of issuance. A license for an announcer, contestant, judge, matchmaker, referee, timekeeper, or second shall be issued only to a natural person. A natural person shall not transfer or assign a license or change it into another name. A license for a manager or promoter may be issued to a corporation or partnership; provided, however, that all officers or partners shall submit an application for individual licensure, and only those officers or partners who are licensed shall be entitled to negotiate or sign contracts. The addition of a new officer or partner during the license period shall necessitate the filing of an application for individual licensure by the new officer or partner.

An applicant for a license shall file with the Division the appropriate nonrefundable fee and any forms, documents, medical examinations, or exhibits the Division may require in order to properly administer this Article. The information requested shall include the date of birth and social security number of each applicant as well as any other personal data necessary to positively identify the applicant and may include the requirement of verification of any documents the Division deems appropriate. A person may not participate under a fictitious or assumed name in any match unless the person has first registered the name with the Division.

(c)       Surety Bond. – An applicant for a promoter's license must submit, in addition to any other forms, documents, or exhibits requested by the Division, a surety bond payable to the Division for the benefit of any person injured or damaged by (i) the promoter's failure to comply with any provision of this Article or any rules adopted by the Division or (ii) the promoter's failure to fulfill the obligations of any contract related to the holding of a boxing event. The surety bond shall be issued in an amount to be no less than five thousand dollars ($5,000). The amount of the surety bond shall be negotiable upon the sole discretion of the Division. All surety bonds shall be upon forms approved by the Secretary of Crime Control and Public Safety and supplied by the Division.

(d)       Permit. – A permit issued to a promoter under this Article is valid for a single match. An applicant for a permit shall file with the Division the appropriate nonrefundable fee and any forms or documents the Division may require.

(e) Insurance. – Promoters of toughman matches must acquire liability insurance for each individual participating in a toughman match from an insurance company duly authorized to sell liability insurance in this State subject to the following minimum limits: one hundred thousand dollars ($100,000) per occurrence."

SECTION 3.  This act is effective when it becomes law.