Oklahoma 2024 Regular Session

Oklahoma House Bill HB1387 Compare Versions

OldNewDifferences
11
22
3-SENATE FLOOR VERSION - HB1387 SFLR Page 1
4-(Bold face denotes Committee Amendments) 1
3+ENGR. H. B. NO. 1387 Page 1 1
54 2
65 3
76 4
87 5
98 6
109 7
1110 8
1211 9
1312 10
1413 11
1514 12
1615 13
1716 14
1817 15
1918 16
2019 17
2120 18
2221 19
2322 20
2423 21
2524 22
2625 23
2726 24
2827
29-SENATE FLOOR VERSION
30-April 12, 2023
31-AS AMENDED
32-
3328 ENGROSSED HOUSE
3429 BILL NO. 1387 By: Bashore, Luttrell, and
3530 Hilbert of the House
3631
3732 and
3833
3934 Weaver of the Senate
4035
4136
4237
4338
4439
45-[ amusements and sports - Oklahoma State Athletic
46-Commission - funds – specifications – assistant -
47-reimbursement percentage – fee - effective date ]
40+An Act relating to amusements and sports; amending 3A
41+O.S. 2021, Sections 602, 604.3, 605, and 617, which
42+relate to the Oklahoma St ate Athletic Commission;
43+defining term; removing requirement that certain
44+funds be disbursed to promoter; providing
45+specifications related to the position of the
46+assistant; modifying reimbursement percentage;
47+providing description of certain fee ; and providing
48+an effective date.
4849
4950
5051
5152
5253
5354 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5455 SECTION 1. AMENDATORY 3A O.S. 2021, Section 6 02, is
5556 amended to read as follows:
5657 Section 602. A. As used in the Oklahoma State Athletic
5758 Commission Act:
5859 1. "Administrative support" means physical resources including
5960 but not limited to office space, equipment typically found in an
6061 office, and furnishings, and duties including but not limited to the
6162 processing of Commission-directed expenditures in regard to payroll,
6263 travel, travel reimbursement, human re sources, and management of the
63-Commission's funds from appropriation or the Oklahoma State Athletic
64-Commission Revolving Fund as directed by the Commis sion;
6564
66-SENATE FLOOR VERSION - HB1387 SFLR Page 2
67-(Bold face denotes Committee Amendments) 1
65+ENGR. H. B. NO. 1387 Page 2 1
6866 2
6967 3
7068 4
7169 5
7270 6
7371 7
7472 8
7573 9
7674 10
7775 11
7876 12
7977 13
8078 14
8179 15
8280 16
8381 17
8482 18
8583 19
8684 20
8785 21
8886 22
8987 23
9088 24
9189
90+Commission's funds from appropriation or the Oklahoma State Athletic
91+Commission Revolving Fund as directed by the Commission ;
9292 2. "Administrator" means the administrator of the Oklahoma
9393 State Athletic Commission;
9494 2. 3. "Amateur combative sports event " means a combative sports
9595 event in which the parti cipants have never bee n licensed as
9696 professionals in any combative sport;
9797 3. 4. "Amateur combative sports practition er" means a person
9898 who has never received or competed for any purse or other article
9999 either for the expenses of training therefor or for parti cipating in
100100 any combative sports contest or exhibition which exceeds in monies
101101 or other things of value a sum to b e determined by the Oklahoma
102102 State Athletic Commission;
103103 4. 5. "Amateur mixed martial artist " means a person eighteen
104104 (18) years of age or older who has never received or competed for
105105 any purse or other article either for the expenses of training
106106 therefor or for participating in any combative sport contest or
107107 professional exhibition which exceeds i n monies or other things of
108108 value a sum to be deter mined by the Oklahoma State Athletic
109109 Commission;
110110 5. 6. "Amateur mixed martial arts " means any form of
111111 competitive pugilistic contest in which the participants have never
112112 been licensed as professionals in any combative sport and blows are
113113 delivered with any p art of the hands, feet, or knees and multiple
114-combative disciplines are used including grappling. Such cont ests
115114
116-SENATE FLOOR VERSION - HB1387 SFLR Page 3
117-(Bold face denotes Committee Amendments) 1
115+ENGR. H. B. NO. 1387 Page 3 1
118116 2
119117 3
120118 4
121119 5
122120 6
123121 7
124122 8
125123 9
126124 10
127125 11
128126 12
129127 13
130128 14
131129 15
132130 16
133131 17
134132 18
135133 19
136134 20
137135 21
138136 22
139137 23
140138 24
141139
140+combative disciplines are used including grappling. Such cont ests
142141 take place in a rope-enclosed ring or fenced enclosed cage and are
143142 fought in timed rounds ;
144143 6. 7. "Applicant" means any individual, club, associat ion,
145144 corporation, partnership or trust which submits to the Oklahoma
146145 State Athletic Commission an applica tion for a license or permit
147146 pursuant to the Oklahoma State Athletic Commission Act;
148147 7. 8. "Booking agent" means independent contractors who act as
149148 bookers, agents, agencies and representatives who secure engagements
150149 and contracts for combative sports par ticipants;
151150 8. 9. "Boxing" means any form of competitive pugilism or
152151 unarmed combat in which a blow is usually struck which may
153152 reasonably be expected to inf lict injury, including, but not limited
154153 to, boxing, wrestling, mixed martial arts, and kickboxing, but shall
155154 not include the martial arts as defined by the provisions of this
156155 section;
157156 9. 10. "Broadcast" means any audio or visual transmission sent
158157 by any means of signal within this state, whether live or taped or
159158 time delayed, and includes any replays t hereof. "Broadcast" shall
160159 not include any audio or visual transmission sent by any means of
161160 signal of any professional boxing event conducted outside this
162161 state;
163162 10. 11. "Cable system operator " means any person who makes
164163 available or provides customers a closed-circuit telecast which is
165164
166-SENATE FLOOR VERSION - HB1387 SFLR Page 4
167-(Bold face denotes Committee Amendments) 1
165+ENGR. H. B. NO. 1387 Page 4 1
168166 2
169167 3
170168 4
171169 5
172170 6
173171 7
174172 8
175173 9
176174 10
177175 11
178176 12
179177 13
180178 14
181179 15
182180 16
183181 17
184182 18
185183 19
186184 20
187185 21
188186 22
189187 23
190188 24
191189
192190 pay-per-view, including any person who does so as a direct b roadcast
193191 satellite provider or other multichannel video service pro vider;
194192 11. 12. "Closed-circuit telecast of professional combative
195193 sporting events" means telecast rights, including television, cable
196194 television, or pay-per-view telecasts, acquired by pay ing a
197195 licensing fee or by paying a contractual price by a business or
198196 individual, including, but not limited to, arenas, entertainment or
199197 meeting centers, restaur ants, bars, taverns, hotels, motels, clubs,
200198 and organizations, which offers the viewing of the event to the
201199 public or to private residences. Such events shall i nclude local
202200 and state professional combative sports contests and professional
203201 exhibitions as defined in this section. "Closed-circuit telecast"
204202 means any such telecast of a professional c ombative sporting event
205203 as described herein which is not intended t o be available for
206204 viewing without the payment of a fee, collected for or based upon
207205 each event viewed, for the privilege of viewing the telecast, and
208206 includes pay-per-view;
209207 12. 13. "Club" means an incorporated or unincorporated
210208 association or body of ind ividuals voluntarily united and acting
211209 together for some common or special purpose;
212210 13. 14. "Combative sports" means any form of competitive
213211 pugilism or unarmed combat in which a blow is u sually struck which
214212 may reasonably be expected to inflict injury, i ncluding but not
215213 limited to boxing, wrestling, mixed martial arts, and kickboxing,
216214
217-SENATE FLOOR VERSION - HB1387 SFLR Page 5
218-(Bold face denotes Committee Amendments) 1
215+ENGR. H. B. NO. 1387 Page 5 1
219216 2
220217 3
221218 4
222219 5
223220 6
224221 7
225222 8
226223 9
227224 10
228225 11
229226 12
230227 13
231228 14
232229 15
233230 16
234231 17
235232 18
236233 19
237234 20
238235 21
239236 22
240237 23
241238 24
242239
243240 but shall not include the martial arts (singular) as defined by the
244241 provisions of this section;
245242 14. 15. "Combative sports practitioner" means a person who
246243 competes or spars in a combative sports event and includes boxers,
247244 kickboxers, mixed martial artists and wrestle rs;
248245 15. 16. "Commission" means the Oklahoma State Athletic
249246 Commission;
250247 16. 17. "Contest" means a combative sports event in which it is
251248 reasonable to anticipate that the participants striv e earnestly in
252249 good faith to win;
253250 17. 18. "Corner person" means, but shall not be limited to, a
254251 trainer, a second, or any other individual who attends the
255252 participant during a match;
256253 18. 19. "Event" means a combative sports co ntest or exhibition
257254 including but not limited to a match, bout, contest, show or
258255 tournament;
259256 19. 20. "Exhibition" means a combative sports event in which
260257 the participants show or display t heir skill by sparring without
261258 necessarily striving to win;
262259 20. 21. "Judge" means an individual other than a r eferee who
263260 shall have a vote in determining the win ner of any contest;
264261 21. 22. "Kickboxing" means any form of competitive pugilistic
265262 professional contest or exhibition in which blows are delivered with
266263
267-SENATE FLOOR VERSION - HB1387 SFLR Page 6
268-(Bold face denotes Committee Amendments) 1
264+ENGR. H. B. NO. 1387 Page 6 1
269265 2
270266 3
271267 4
272268 5
273269 6
274270 7
275271 8
276272 9
277273 10
278274 11
279275 12
280276 13
281277 14
282278 15
283279 16
284280 17
285281 18
286282 19
287283 20
288284 21
289285 22
290286 23
291287 24
292288
293289 the hand and any part of the foot. Such contests or exhi bitions
294290 take place in a rope -enclosed ring and are fought in timed rounds;
295291 22. 23. "License" means a certificate issued by the Commission
296292 to participants of sanctioned professional combative sports
297293 contests, professional exhibitions, and amateur mixed martial arts
298294 contests and is a mandatory requireme nt for participation in such
299295 events;
300296 23. 24. "Manager" means an individual who controls or
301297 administers the affairs of any professional combative sports
302298 participant, including acting as a booking agent. "Manager" shall
303299 include the representative of a mana ger as defined by the
304300 Commission;
305301 24. 25. "Martial arts" means any form of karate, kung fu, t ae
306302 kwon-do, or any other form of martial or self -defense art;
307303 25. 26. "Matchmaker" means an individual who brings together
308304 professional combative sports particip ants or arranges professional
309305 combative sports contests or professional exhibitions;
310306 26. 27. "Participant" means an individual who takes part in a
311307 combative sports event;
312308 27. 28. "Pay-per-view telecasts of professional combative
313309 sports events" means telecasts offered by cable television companies
314310 to subscribers at a cost in addition to the monthl y cable television
315311 subscription rate. Such events shall include lo cal and state
316312
317-SENATE FLOOR VERSION - HB1387 SFLR Page 7
318-(Bold face denotes Committee Amendments) 1
313+ENGR. H. B. NO. 1387 Page 7 1
319314 2
320315 3
321316 4
322317 5
323318 6
324319 7
325320 8
326321 9
327322 10
328323 11
329324 12
330325 13
331326 14
332327 15
333328 16
334329 17
335330 18
336331 19
337332 20
338333 21
339334 22
340335 23
341336 24
342337
343338 professional combative sports contests and professional ex hibitions
344339 as defined in this section;
345340 28. 29. "Person" means any individual, partnership, limited
346341 liability company, club, association, corporation, trust or other
347342 entity;
348343 29. 30. "Physician" means an individual licensed under the laws
349344 of this state to engage in the general practice of medicine or
350345 osteopathic medicine;
351346 30. 31. "Professional combative sports practition er" means an
352347 individual eighteen (18) years of age or older who com petes for
353348 money, prizes, or purses, or who teaches, instructs, or assists in
354349 the practice of combative sports or sparring as a means of obtaining
355350 pecuniary gain;
356351 31. 32. "Professional combative sports event" means a combative
357352 sports event in which the par ticipants are paid a purse;
358353 32. 33. "Professional mixed martial arts " means any form of
359354 competitive pugilistic contest in which the participants are paid a
360355 purse and blows are delivered wi th any part of the hands, feet,
361356 elbows, or knees and multiple comba tive disciplines are used to
362357 include grappling. Such contests take place in a rope -enclosed ring
363358 or fenced enclosed cage and are fought in timed rounds;
364359 33. 34. "Promote" or "promoting" means producing, staging,
365360 sponsoring, organizing or otherwise holdin g a combative sports event
366361 whether or not the event is open to the public;
367362
368-SENATE FLOOR VERSION - HB1387 SFLR Page 8
369-(Bold face denotes Committee Amendments) 1
363+ENGR. H. B. NO. 1387 Page 8 1
370364 2
371365 3
372366 4
373367 5
374368 6
375369 7
376370 8
377371 9
378372 10
379373 11
380374 12
381375 13
382376 14
383377 15
384378 16
385379 17
386380 18
387381 19
388382 20
389383 21
390384 22
391385 23
392386 24
393387
394388 34. 35. "Promoter" means any individual, whether a resident or
395389 nonresident of Oklahoma, or club or corporation, w hether
396390 domesticated or not domesticated in Oklahoma, that produces or
397391 stages professional contests, amateur mixed martial arts contests,
398392 or professional exhibitio ns conducted within this state and shall
399393 include any officer, director, or employees as define d by the
400394 Commission;
401395 35. 36. "Pugilism" means combative sports or the skill or
402396 practice of fighting with the fists;
403397 36. 37. "Purse" means the financial guarante e or any other
404398 remuneration or thing of value for which a combative sports
405399 practitioner participates in a professional combative sports event
406400 and shall include the participant's share of any payment received
407401 for radio broadcasting, television, including ca ble television, pay-
408402 per-view television, and closed-circuit television, and motion
409403 picture rights. "Purse" shall also include gate receipts and any
410404 other prizes;
411405 37. 38. "Ring official" means any individual who performs an
412406 official function during the pr ogress of a combative sports event or
413407 amateur mixed martial arts event including but not limit ed to
414408 timekeepers, judges, referees, and attending physicians;
415409 38. 39. "Sanctioning permit" means a permit issued by the
416410 Commission to promoters who make applica tion for official approval
417411
418-SENATE FLOOR VERSION - HB1387 SFLR Page 9
419-(Bold face denotes Committee Amendments) 1
412+ENGR. H. B. NO. 1387 Page 9 1
420413 2
421414 3
422415 4
423416 5
424417 6
425418 7
426419 8
427420 9
428421 10
429422 11
430423 12
431424 13
432425 14
433426 15
434427 16
435428 17
436429 18
437430 19
438431 20
439432 21
440433 22
441434 23
442435 24
443436
444437 of professional combative sports events and amateur mixed martial
445438 arts events;
446439 39. 40. "Sparring" means to engage in a form of combat ive sport
447440 with jabbing or feinting movements, and the exchange of few heavy
448441 blows, such as occurs in a practice or exhibition boxing match;
449442 40. 41. "Telecast promoter" means any promoter w ho shows or
450443 causes to be shown in this state a closed -circuit telecast of any
451444 professional combative sports event conducted in this state.
452445 "Telecast promoter" shall not include a cable system operator;
453446 41. 42. "Trainer" means an individual who assists, c oaches, or
454447 instructs any professional combative sports practitioner or amateur
455448 mixed martial artist with respect to physical conditioning,
456449 strategy, techniques, o r preparation for competition, professional
457450 combative sports contests, or professional exhibit ions; and
458451 42. 43. "Vendor" means any individual, firm, organizatio n,
459452 club, or corporation that participates in the conduct of a
460453 professional combative sports eve nt or amateur mixed martial arts
461454 event conducted in this state by offering for sale food or
462455 merchandise, including, but not limited to, wearing apparel,
463456 alcoholic and nonalcoholic beverages, souvenirs, and programs.
464457 B. The Commission may define any term w hich is not defined in
465458 the Oklahoma State Athletic Commission Act.
466459 SECTION 2. AMENDATORY 3A O.S. 2021, Section 604.3, is
467460 amended to read as follows:
468461
469-SENATE FLOOR VERSION - HB1387 SFLR Page 10
470-(Bold face denotes Committee Amendments) 1
462+ENGR. H. B. NO. 1387 Page 10 1
471463 2
472464 3
473465 4
474466 5
475467 6
476468 7
477469 8
478470 9
479471 10
480472 11
481473 12
482474 13
483475 14
484476 15
485477 16
486478 17
487479 18
488480 19
489481 20
490482 21
491483 22
492484 23
493485 24
494486
495487 Section 604.3 A. The Oklahoma State Athletic Commission, its
496488 administrator or any other employee authorized by the Commission may
497489 order the promoter to withhold any part of a purse or other mone y
498490 belonging or payable to any combative sports practitioner or second
499491 if, in the judgment of the Commission, administrator or employee:
500492 1. The practitioner is not competing honestly or to the best of
501493 the practitioner's skill and ability, or the practition er otherwise
502494 violates any rules or regul ations adopted by the Commission or any
503495 provisions of the Oklahoma Athletic Commission Act; and
504496 2. The second violates any rules or regulations adopted by the
505497 Commission or any provisions of the Oklahoma Athletic Co mmission
506498 Act.
507499 B. Money ordered withheld pursuant to this section shall be
508500 deposited in the Oklahoma State Athletic Commission Revolving Fund
509501 Security Account. The Commission shall hold a hearing at i ts next
510502 regularly scheduled meeting to dispose of the m atter. If it is
511503 determined that the pra ctitioner or second is entitled to his or her
512504 share of the purse or other money, the funds shall be m oved to the
513505 Oklahoma State Athletic Commission Revolving Fun d and disbursed to
514506 the practitioner or second. If it i s determined that the
515507 practitioner or second is not entitled to his or her share of the
516508 purse or other money, the funds shall be moved to the Oklahoma State
517509 Athletic Commission Revolving Fund and disbursed to the promoter.
518510
519-SENATE FLOOR VERSION - HB1387 SFLR Page 11
520-(Bold face denotes Committee Amendments) 1
511+ENGR. H. B. NO. 1387 Page 11 1
521512 2
522513 3
523514 4
524515 5
525516 6
526517 7
527518 8
528519 9
529520 10
530521 11
531522 12
532523 13
533524 14
534525 15
535526 16
536527 17
537528 18
538529 19
539530 20
540531 21
541532 22
542533 23
543534 24
544535
545536 SECTION 3. AMENDATORY 3A O.S. 2021, Section 605, is
546537 amended to read as follows:
547538 Section 605. A. The Oklahoma State Athl etic Commission may
548539 employ an administrator to oversee the organization and activities
549540 of the Commission and to ensure compliance with rules p romulgated by
550541 the Commission. The administrat or shall perform such other duties
551542 as the Commission may prescribe. The salary of the administ rator
552543 shall be set by the Commission. The position of administrator shall
553544 be an unclassified position.
554545 B. The Commission may employ an assistant to keep record s of
555546 all proceedings relating to professional combative sports , amateur
556547 kickboxing, and amateur mixed martial arts and to preserve all
557548 books, documents, and papers belonging to the Commission. The
558549 assistant shall perform such othe r duties as the Commissio n may
559550 prescribe. The salary of the as sistant shall be set by the
560551 Commission. The position of the assistant shall be an unclassified
561552 position. The Commission may employ such other personnel as
562553 necessary, subject to statutory full-time-equivalent (FTE) limits
563554 applicable to the State Department of Health.
564555 C. The State Department of Health shall pro vide administrative
565556 support for the Commission, including, but not limited to, office
566557 space, equipment, and furnish ings, payroll and employee benefit
567558 administration and processing, and travel and expense reimbursement,
568559 and shall manage the Commission's funds at the direction of the
569560
570-SENATE FLOOR VERSION - HB1387 SFLR Page 12
571-(Bold face denotes Committee Amendments) 1
561+ENGR. H. B. NO. 1387 Page 12 1
572562 2
573563 3
574564 4
575565 5
576566 6
577567 7
578568 8
579569 9
580570 10
581571 11
582572 12
583573 13
584574 14
585575 15
586576 16
587577 17
588578 18
589579 19
590580 20
591581 21
592582 22
593583 23
594584 24
595585
596586 Commission. The State Department of Health shall be entitled to
597587 reimbursement for the a ctual cost of providing said administrative
598588 support to the Commission from the Oklahoma State Athletic
599589 Commission Revolving Fund; provided that said reimbursement shall
600590 not exceed in any year ten five percent (10%) (5%) of the total
601591 revenue deposited in the fund in the preceding fiscal year received
602592 from fees, administrative fines, reimbursements, bond proceeds and
603593 sale of materials, but not including cash bonds held in trust by the
604594 Commission. Upon a written directive of expenditure from Commission
605595 funds signed by a majority of the Commission members or the
606596 Commission administrator, the State Department of Health shall
607597 process and make payment for said expenditure from Commission funds
608598 within fifteen (15) business days of receipt of the written
609599 directive from the Oklahoma State Department of Health Athletic
610600 Commission. All other Commission-directed Commission-incurred
611601 expenditures shall be processed according to State Department of
612602 Health policy.
613603 D. Employees of the Commission shall be considered unclassified
614604 employees of the State Department of Heal th only for the purpose of
615605 administrative support provided by the State Department of Hea lth as
616606 prescribed in subsection C of this section. Persons employed by the
617607 Commission shall serve at the direction and pleasure of the
618608 Commission and shall answer dir ectly to the Commission administrator
619609 and the Commission.
620610
621-SENATE FLOOR VERSION - HB1387 SFLR Page 13
622-(Bold face denotes Committee Amendments) 1
611+ENGR. H. B. NO. 1387 Page 13 1
623612 2
624613 3
625614 4
626615 5
627616 6
628617 7
629618 8
630619 9
631620 10
632621 11
633622 12
634623 13
635624 14
636625 15
637626 16
638627 17
639628 18
640629 19
641630 20
642631 21
643632 22
644633 23
645634 24
646635
647636 E. The administrator, the assi stant, and any other employees of
648637 the Commission or any persons related to said employees within the
649638 third degree by either consanguinity or affinity shall be prohibit ed
650639 from promoting, sponsoring, or having any pecuniary interest in any
651640 professional combative sports event, amateur kickboxing event, or
652641 amateur mixed martial arts event regulated by the C ommission with
653642 the exception of medical p ersonnel.
654643 SECTION 4. AMENDATORY 3A O.S. 2021, S ection 617, is
655644 amended to read as follows :
656645 Section 617. A. Except as otherwise provided in the Oklahoma
657646 State Athletic Commission Act, in addition to the payment of any
658647 other fees and monies due pursuant to t he Oklahoma State Athletic
659648 Commission Act and the rules promulgated by the Oklahoma State
660649 Athletic Commission, an assessment equal to five percent (5%) of the
661650 total gross receipts of any profession al combative sports event,
662651 amateur mixed martial arts event or amateur kickboxing event
663652 conducted in this state, exclusive of any federal tax or tax impos ed
664653 by any political subdivision of this state, shall be hereby levied
665654 and shall be remitted by every p romoter and vendor to the Oklahoma
666655 State Athletic Commissio n.
667656 B. The assessment established in subsection A of this section
668657 shall not exceed Thirty -five Thousand Dollars ($35,000.00).
669658 C. Promoters of professional boxing events, professional mixed
670659 martial arts events, amateur mixed martial arts events and amateur
671660
672-SENATE FLOOR VERSION - HB1387 SFLR Page 14
673-(Bold face denotes Committee Amendments) 1
661+ENGR. H. B. NO. 1387 Page 14 1
674662 2
675663 3
676664 4
677665 5
678666 6
679667 7
680668 8
681669 9
682670 10
683671 11
684672 12
685673 13
686674 14
687675 15
688676 16
689677 17
690678 18
691679 19
692680 20
693681 21
694682 22
695683 23
696684 24
697685
698686 kickboxing events shall pay the greater of the five -percent
699687 assessment levied pursuant to subs ection A of this section or Four
700688 Hundred Fifty Dollars ($450.00) to the Commission.
701689 D. Promoters of professional wrestling events shall pay the
702690 greater of the five-percent assessment levied pursuant to subsection
703691 A of this section or Eighty Dollars ($80.0 0) to the Commission.
704692 E. For the purpose of this section, total gross receipts of
705693 every promoter shall include:
706694 1. The face value of all tickets sold; and
707695 2. Proceeds from a vendor, or the promoter 's gross price
708696 charged for the sale of food, alcoholic a nd nonalcoholic beverages,
709697 or merchandise, including, but not limited to, wearing apparel,
710698 souvenirs and programs.
711699 F. For professional combative sports events , amateur mixed
712700 martial arts events or, and amateur kickboxing events at which
713701 admission tickets are not sold by the promoter, the promoter shall
714702 remit an assessment equal to five percent (5%) of the revenues
715703 received by the promot er for the event, historically known as a site
716704 fee.
717705 G. For the purpose of this section, total gross receipts of
718706 every vendor shall include the gross price charged for the sale of
719707 food, alcoholic and nonalcoholic beverages, and merchandise
720708 including, but not limited to, wearing appa rel, souvenirs, and
721709 programs, excluding that portion paid to any promoter.
722710
723-SENATE FLOOR VERSION - HB1387 SFLR Page 15
724-(Bold face denotes Committee Amendments) 1
711+ENGR. H. B. NO. 1387 Page 15 1
725712 2
726713 3
727714 4
728715 5
729716 6
730717 7
731718 8
732719 9
733720 10
734721 11
735722 12
736723 13
737724 14
738725 15
739726 16
740727 17
741728 18
742729 19
743730 20
744731 21
745732 22
746733 23
747734 24
748735
749736 H. Payment of the a ssessment on gross receipts, unless
750737 otherwise specified, shall be due within five (5) business days
751738 after the holding of the professio nal combative sports event ,
752739 amateur mixed martial arts event or amateur kickboxing event and
753740 shall be accompanied by a re port in such form as shall be prescribed
754741 by the Oklahoma State Athletic Commission.
755742 I. A promoter shall not issue complimentary ticket s for more
756743 than ten percent (10%) of the seats for any event. The promoter
757744 shall be responsible to pay the five -percent assessment levied
758745 pursuant to subsection A of this section on total receipts as
759746 prescribed in this sec tion for any complimentary ticket s in excess
760747 of ten percent (10%). All complimentary tickets must clearly
761748 indicate on the ticket that it is a complimenta ry ticket and state
762749 the value of the complimentary ticket. The face value of a
763750 complimentary ticket s hall be equal to like tickets sol d in that
764751 particular section of the venue. The complimentary tickets that are
765752 exempt from the five -percent assessment le vied pursuant to
766753 subsection A of this section shall be those tickets with the lowest
767754 face value.
768755 J. Complimentary tickets shall not be given to a sponsor,
769756 elected official, person or any entity that gives the promoter of
770757 any event anything of value, inclu ding but not limited to money, in-
771758 kind goods or services, or advertising.
772759
773-SENATE FLOOR VERSION - HB1387 SFLR Page 16
774-(Bold face denotes Committee Amendments) 1
760+ENGR. H. B. NO. 1387 Page 16 1
775761 2
776762 3
777763 4
778764 5
779765 6
780766 7
781767 8
782768 9
783769 10
784770 11
785771 12
786772 13
787773 14
788774 15
789775 16
790776 17
791777 18
792778 19
793779 20
794780 21
795781 22
796782 23
797783 24
798784
799785 K. The first payment of the assessment on gross income recei ved
800786 from the sale of motion picture rights shall be due at the end of
801787 the month after the date of the sale of the motion picture rights,
802788 and further payments shall be due every thirty (30) days thereafter,
803789 during the presentation of the picture, and shall be accompanied by
804790 a gross receipts report in such form as shall be prescribed by the
805791 Oklahoma State Athletic Commission.
806792 L. Except as otherwise provided in the Oklahoma State Athletic
807793 Commission Act, in addition to the pay ment of any other fees and
808794 monies due pursuant to the Oklaho ma State Athletic Commission Act
809795 and the rules promulgated by the Oklahoma State Athletic Comm ission,
810796 an assessment in an amount of five percent (5%) of the total gross
811797 receipts of every telecast promoter shall be levied. Total gross
812798 receipts shall includ e the gross price charged for the sale, lease,
813799 or other use of broadcasting, including, but no t limited to, radio,
814800 television, including cable television, pay-per-view television, and
815801 closed-circuit television, or motion picture rights of combative
816802 sports or amateur mixed martial arts contests, events, or
817803 exhibitions conducted within this state, wi thout any deductions for
818804 commissions, brokerage fees, distribution fees, advertising, or
819805 other expenses or charges.
820806 M. 1. In the case of facilities at or throug h which the
821807 closed-circuit telecast is shown other than a cable system
822808 operator's pay-per-view facilities, the telecast promoter shall,
823809
824-SENATE FLOOR VERSION - HB1387 SFLR Page 17
825-(Bold face denotes Committee Amendments) 1
810+ENGR. H. B. NO. 1387 Page 17 1
826811 2
827812 3
828813 4
829814 5
830815 6
831816 7
832817 8
833818 9
834819 10
835820 11
836821 12
837822 13
838823 14
839824 15
840825 16
841826 17
842827 18
843828 19
844829 20
845830 21
846831 22
847832 23
848833 24
849834
850835 within eight (8) days after the telecast, inclusive of maili ng time,
851836 file with the Commission a written report detailing the name,
852837 address, telephone number, contact person 's name, and the details of
853838 the payment arrangement for the right to receive the telecast for
854839 each facility to which the broadcast was transmitt ed.
855840 2. The report shall be accom panied by the assessment pa yment
856841 required under subsection L of this section, excluding any federal,
857842 state or local taxes .
858843 3. The Commission may require the owner or operator of the
859844 facility where the telecast is being sho wn to file a report
860845 containing information regarding the amo unt paid to the telecast
861846 promoter for the right to broadcast the telecast, the quality of the
862847 audio and video signal, and any other information the Commission
863848 deems appropriate.
864849 N. 1. In the case of a cable system operator 's pay-per-view
865850 facilities at or through which a closed-circuit telecast was shown
866851 within the state, the telecast promoter sha ll, within thirty (30)
867852 days following receipt of the notice of the assessment from the
868853 Commission, cause to be filed with the Commissio n the assessment
869854 required pursuant to subsection L of this section, excluding any
870855 federal, state, or local taxes.
871856 2. The cable system operator shall withhold from the proceeds
872857 due to the telecast promoter the assessment pa yment required
873858 pursuant to subsection L of this section and remit the assessment to
874859
875-SENATE FLOOR VERSION - HB1387 SFLR Page 18
876-(Bold face denotes Committee Amendments) 1
860+ENGR. H. B. NO. 1387 Page 18 1
877861 2
878862 3
879863 4
880864 5
881865 6
882866 7
883867 8
884868 9
885869 10
886870 11
887871 12
888872 13
889873 14
890874 15
891875 16
892876 17
893877 18
894878 19
895879 20
896880 21
897881 22
898882 23
899883 24
900884
901885 the Commission on behalf of the telecast promoter. The cable system
902886 operator shall not be liable for the remittance of the assessment
903887 fee required pursuant to subsection L of this section from any
904888 proceeds due to the cable system o perator from its pay-per-view
905889 events.
906890 3. The Commission shall require the cable system operat or to
907891 file reports containing information regarding the number of orders
908892 sold and the price charged fo r orders and any other informatio n the
909893 Commission deems appr opriate.
910894 4. Cable system operators shall not be liable to the Commission
911895 for the assessment p ayment required under subsection L of this
912896 section. Nothing in this section shall be deemed to preven t a cable
913897 system operator from bi lling its customer for the assessment
914898 payment.
915899 5. The Commission shall, upon request, provide the telecast
916900 promoter with a report detailing the number of orders and the
917901 assessment payment due.
918902 O. Any promoter who willfull y makes a false and fraudulent
919903 report under this section is guilty of perjury and, upon conviction,
920904 is subject to punishment as provided by law. This pen alty shall be
921905 in addition to any other penalties imposed in this section.
922906 P. Gross receipts reports s igned under oath shall also inclu de:
923907 1. The name of the pro moter;
924908
925-SENATE FLOOR VERSION - HB1387 SFLR Page 19
926-(Bold face denotes Committee Amendments) 1
909+ENGR. H. B. NO. 1387 Page 19 1
927910 2
928911 3
929912 4
930913 5
931914 6
932915 7
933916 8
934917 9
935918 10
936919 11
937920 12
938921 13
939922 14
940923 15
941924 16
942925 17
943926 18
944927 19
945928 20
946929 21
947930 22
948931 23
949932 24
950933
951934 2. The professional combative sports event , amateur mixed
952935 martial arts event or amateu r kickboxing event sanctioning permit
953936 number;
954937 3. The promoter's business address and any license or p ermit
955938 number required of such pro moter by law;
956939 4. Gross receipts as specified by this section, during the
957940 period specified by this section; and
958941 5. Such further information as the Oklahoma State Athletic
959942 Commission may require to enable it to compute corr ectly and collect
960943 the assessment levied pursuant to this sec tion.
961944 Q. In addition to the information required on reports, the
962945 Oklahoma State Athletic Comm ission may request, and the promoter
963946 shall furnish, any information deemed necessary for a correct
964947 computation of the assessment levied pursuant to this section.
965948 R. All levies pursuant to this section shall be collected by
966949 the Commission and shall be plac ed to the credit of the Oklahoma
967950 State Athletic Commission Revolving Fund.
968951 S. The monies collected fr om the assessment levied pursuant to
969952 the provisions of this section shall be in addition to all other
970953 revenues and funds received by the Oklahoma State At hletic
971954 Commission.
972955 T. The promoter shall compute and pay to the Oklahoma State
973956 Athletic Commission th e required assessment due. If th e payment of
974957 the assessment is not postmarked or delivered to the Oklahoma State
975958
976-SENATE FLOOR VERSION - HB1387 SFLR Page 20
977-(Bold face denotes Committee Amendments) 1
959+ENGR. H. B. NO. 1387 Page 20 1
978960 2
979961 3
980962 4
981963 5
982964 6
983965 7
984966 8
985967 9
986968 10
987969 11
988970 12
989971 13
990972 14
991973 15
992974 16
993975 17
994976 18
995977 19
996978 20
997979 21
998980 22
999981 23
1000982 24
1001983
1002984 Athletic Commission as specified in subs ections H through L of this
1003985 section, whichever is appropriate, the assessment shall be
1004986 delinquent from such date.
1005987 U. It shall be the d uty of every promoter requi red to make a
1006988 gross receipts report and pay any assessment pursuant to the
1007989 provisions of this section to keep and preserve suitable records and
1008990 documents which may be necessary to determine the am ount of
1009991 assessment due as will su bstantiate and prove the ac curacy of such
1010992 reports. All such records shall be preserved for a period of three
1011993 (3) years, unless the Oklahoma State Athletic Commission, in
1012994 writing, has authorized their destruction or disposa l at an earlier
1013995 date, and shall be open to examination at an y time by the Oklahoma
1014996 State Athletic Commission or by any of its authorized employees.
1015997 SECTION 5. This act shall become effective November 1, 2023.
1016-COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
1017-April 12, 2023 - DO PASS AS AMENDED
998+Passed the House of Representatives the 6th day of March, 2023.
999+
1000+
1001+
1002+
1003+ Presiding Officer of the House
1004+ of Representatives
1005+
1006+
1007+
1008+Passed the Senate the ___ day of __________, 2023.
1009+
1010+
1011+
1012+
1013+ Presiding Officer of the Senate
1014+
1015+