HB4075 H GO AM 1-24

Hubbard 3192

The Committee on Government Organization moves to amend the bill on page one, section one, line five, after the word “authorized” by striking out the period and adding the following:  “with the following amendments:

On page 7, subsection 8.5. by striking subsection 8.5. in its entirety and inserting in lieu thereof a new subsection 8.5. to read as follows:

“8.5. Certificate of Insurance -- The promoter must submit a valid certificate of insurance coverage to the Commission no later than forty-eight (48) hours prior to the start of the event.”;

On page 7, subsection 10.2. by striking subsection 10.2. in its entirety and inserting in lieu thereof a new subsection 10.2. to read as follows:

“10.2. Inspector’s report. -- At each MMA event, an official or inspector of the Commission shall attend.  Upon its conclusion, the Chief Deputy or the Deputy-In-Charge shall sign a detailed report showing the results of the fights and the physician’s report.  The inspector shall be responsible for all details of the contest and shall file all necessary reports within forty-eight (48) hours after the event with the Chair of the Commission.  The inspector may choose other inspectors to assist him with his duties with the approval of the Commission: Provided, That the inspector shall not cancel a fight within eight (8) hours after it has been previously approved without good cause and without a written memorandum stating the reasons therefore.  The Commission shall work in an effort to avoid the denial or removal of a fight within eight (8) hours of the scheduled start time of an event.”;

On page 8, paragraph 10.6.b. by striking paragraph 10.6.b. in its entirety and inserting in lieu thereof a new paragraph 10.6.b. to read as follows:

“10.6.b. Weights – Boxers will be suspended for a period not to exceed thirty (30) days if they come in over the weight contracted unless authorized by the Commission.”;

On page 8, subsection 11.2. by striking subsection 11.2. in its entirety and inserting in lieu thereof a new subsection 11.2. to read as follows:

“11.2. Judicial Review. – Judicial review of the Commission’s decisions shall be subject to the contested cases provisions of the WV Administrative Appeals Act set forth in W. Va. Code §29-5A-4. Any promoter shall have the right to petition a clerk of the Circuit Court for a writ of prohibition or a writ of mandamus.”;

On page 9, section §177-2-14. by striking section §177-2-14 in its entirety and inserting in lieu thereof a new section §177-2-14 to read as follows:

Ҥ177-2-14. Designation of Officials.

For all Mixed Martial Arts contests, the referee or referees, judges and timekeeper shall be designated by the Commission.  Only the officials so designated have the authority to perform their respective functions.  The promoter must provide and pay for each examining physician. All officials appointed by the Commission must be at least eighteen (18) years of age.”;

On page 9, subsection 15.1. by striking subsection 15.1. in its entirety and inserting in lieu thereof a new subsection 15.1. to read as follows:

“15.1. Automatic suspension. – Any contestant who fails to appear at a show for which he or she signed a contract or contract has been signed by his or her duly licensed manager to appear, without a reasonable excuse or furnishing a doctor’s certificate in case of physical disability, shall be automatically suspended for a period of sixty (60) days.  The Commission may suspend the contestant for a period not to exceed twelve (12) months for good cause, only after having a meeting regarding the issue.”;

On page 10, subsection 18.1. by striking subsection 18.1. in its entirety and inserting in lieu thereof a new subsection 18.1. to read as follows:

“18.1 Contracts must be filed. – The Commission shall be furnished with copies of all contracts between promoting corporations, Mixed Martial Arts contestants or managers. A copy of all contracts and agreements between a promoter, club, association or corporation, licensed under this rule and any person or person not named in the license, who by virtue of the contract or agreement might gain financial benefit from the promotion and presentation of MMA events in West Virginia by a promoter, club, associations or corporation, must be placed on file with the Commission for approval.”;

On page 11, subsection 18.2. by striking subsection 18.2. in its entirety and inserting in lieu thereof a new subsection 18.2. to read as follows:

“18.2. When filed. – A copy of every contract between a manager and a MMA contestant licensed in West Virginia must be filed when an application for license is made.  The contracts shall be maintained in the archives of the Commission.”;

On page 11, section §177-2-24. by striking section §177-2-24. in its entirety and inserting in lieu thereof a new section §177-2-24 to read as follows:

Ҥ177-2-24. Reporting In.

Contestants shall report to the inspector in the dressing room at least one (1) hour before they are due in the cage: Provided, That this requirement shall be waived if good cause exists: Provided, however, That this requirement shall not be grounds for suspension by the Commission.”;

On page 12, subsection 26.2. by striking subsection 26.2. in its entirety and inserting in lieu thereof a new subsection 26.2. to read as follows:

“26.2. No one shall be allowed in the contestant’s dressing room except promoters, managers, seconds, representatives of the Commission, or the promoter’s representatives.”;

On page 13, subsection 31.2. by striking subsection 31.2. in its entirety and inserting in lieu thereof a new subsection 31.2. to read as follows:

“31.2. Conduct. – His or her conduct is subject to the supervision of the Commission.”;

On page 13, subsection 32.1. by striking subsection 32.1. in its entirety and inserting in lieu thereof a new subsection 32.1. to read as follows:

“32.1. Physical examination required. – Every contestant shall, at weighing-in time or at any other time on the day of the contest that may be designated by the Commission, be subjected to a physical examination by a duly licensed physician approved by the Commission. At a minimum, each fighter must be examined by a physician before each bout. The physician must be a duly licensed medical doctor (MD) or doctor of osteopathy (DO).”;

And;

On page 13, subsection 32.2. by striking subsection 32.2. in its entirety and inserting in lieu thereof a new subsection 32.2. to read as follows:

“32.2. Inspectors to enforce. – Inspectors are charged with the duty of enforcing compliance with this section, in every case: Provided, That inspectors shall act in a manner to expedite all fights and their approval.  Once approved, a fight cannot be cancelled by the Inspector without good cause.”

Adopted