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SENATE FLOOR VERSION
April 12, 2023
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1387 By: Bashore, Luttrell, and
Hilbert of the House
and
Weaver of the Senate
[ amusements and sports - Oklahoma State Athletic
Commission - funds – specifications – assistant -
reimbursement percentage – fee - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3A O.S. 2021, Section 6 02, is
amended to read as follows:
Section 602. A. As used in the Oklahoma State Athletic
Commission Act:
1. "Administrative support" means physical resources including
but not limited to office space, equipment typically found in an
office, and furnishings, and duties including but not limited to the
processing of Commission-directed expenditures in regard to payroll,
travel, travel reimbursement, human re sources, and management of the
Commission's funds from appropriation or the Oklahoma State Athletic
Commission Revolving Fund as directed by the Commis sion;
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2. "Administrator" means the administrator of the Oklahoma
State Athletic Commission;
2. 3. "Amateur combative sports event " means a combative sports
event in which the parti cipants have never bee n licensed as
professionals in any combative sport;
3. 4. "Amateur combative sports practition er" means a person
who has never received or competed for any purse or other article
either for the expenses of training therefor or for parti cipating in
any combative sports contest or exhibition which exceeds in monies
or other things of value a sum to b e determined by the Oklahoma
State Athletic Commission;
4. 5. "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 ei ther for the expenses of training
therefor or for participating in any combative sport contest or
professional exhibition which exceeds i n monies or other things of
value a sum to be deter mined by the Oklahoma State Athletic
Commission;
5. 6. "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 p art of the hands, feet, or knees and multiple
combative disciplines are used including grappling. Such cont ests
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take place in a rope-enclosed ring or fenced enclosed cage and are
fought in timed rounds ;
6. 7. "Applicant" means any individual, club, associat ion,
corporation, partnership or trust which submits to the Ok lahoma
State Athletic Commission an applica tion for a license or permit
pursuant to the Oklahoma State Athletic Commission Act;
7. 8. "Booking agent" means independent contractors who act as
bookers, agents, agencies and representatives who secure engagem ents
and contracts for combative sports par ticipants;
8. 9. "Boxing" means any form of competitive pugilism or
unarmed combat in which a blow is usually struck which may
reasonably be expected to inf lict 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;
9. 10. "Broadcast" means any audio or visual transmission sent
by any means of signal within this state, whether live or taped or
time delayed, and includes any replays t hereof. "Broadcast" shall
not include any audio or visual transmission sent by any means of
signal of any professional boxing event conducted outside this
state;
10. 11. "Cable system operator " means any person who makes
available or provides customers a closed-circuit telecast which is
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pay-per-view, including any person who does so as a direct b roadcast
satellite provider or other multichannel video service pro vider;
11. 12. "Closed-circuit telecast of professi onal combative
sporting events" means telecast rights, including television, cable
television, or pay-per-view telecasts, acquired by pay ing a
licensing fee or by paying a contractual price by a business or
individual, including, but not limited to, arenas , entertainment or
meeting centers, restaur ants, bars, taverns, hotels, motels, clubs,
and organizations, which offers the viewing of the event to the
public or to private residences. Such events shall i nclude local
and state professional combative sports contests and professional
exhibitions as defined in this section. "Closed-circuit telecast"
means any such telecast of a professional c ombative sporting event
as described herein which is not intended t o 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;
12. 13. "Club" means an incorporated or unincorporated
association or body of ind ividuals voluntarily united and acting
together for some common or special purpose;
13. 14. "Combative sports" means any form of competitive
pugilism or unarmed combat in which a blow is u sually struck which
may reasonably be expected to inflict injury, i ncluding but not
limited to boxing, wrestling, mixed martial arts, and kickboxing,
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but shall not include the martial arts (singular) as defined by the
provisions of this section;
14. 15. "Combative sports practitioner" means a person who
competes or spars in a combative sports event and includes boxers,
kickboxers, mixed martial artists and wrestle rs;
15. 16. "Commission" means the Oklahoma State Athletic
Commission;
16. 17. "Contest" means a combative sports event in which it is
reasonable to anticipate that the participants striv e earnestly in
good faith to win;
17. 18. "Corner person" means, but shall not be limited to, a
trainer, a second, or any other individual who attends the
participant during a match;
18. 19. "Event" means a combative sports co ntest or exhibition
including but not limited to a match, bout, contest, show or
tournament;
19. 20. "Exhibition" means a combative sports event in which
the participants show or display t heir skill by sparring without
necessarily striving to win;
20. 21. "Judge" means an individual other than a r eferee who
shall have a vote in determining the win ner of any contest;
21. 22. "Kickboxing" means any form of competitive pugilistic
professional contest or exhibition in which blows are delivered with
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the hand and any part of the foot. Such contests or exhi bitions
take place in a rope-enclosed ring and are fought in timed rounds;
22. 23. "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 requireme nt for participation in such
events;
23. 24. "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 mana ger as defined by the
Commission;
24. 25. "Martial arts" means any form of karate, kung fu, t ae
kwon-do, or any other form of martial or self -defense art;
25. 26. "Matchmaker" means an individual who brings toge ther
professional combative sports particip ants or arranges professional
combative sports contests or professional exhibitions;
26. 27. "Participant" means an individual who takes part in a
combative sports event;
27. 28. "Pay-per-view telecasts of profe ssional combative
sports events" means telecasts offered by cable television companies
to subscribers at a cost in addition to the monthl y cable television
subscription rate. Such events shall include lo cal and state
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professional combative sports contests and professional exhibitions
as defined in this section;
28. 29. "Person" means any individual, partnership, limited
liability company, club, association, corporation, trust or other
entity;
29. 30. "Physician" means an individual licensed under the law s
of this state to engage in the general practice of medicine or
osteopathic medicine;
30. 31. "Professional combative sports practition er" means an
individual eighteen (18) years of age or older who com petes for
money, prizes, or purses, or who teaches, instructs, or assists in
the practice of combative sports or sparring as a means of obtaining
pecuniary gain;
31. 32. "Professional combative sports event" means a combative
sports event in which the par ticipants are paid a purse;
32. 33. "Professional mixed martial arts" means any form of
competitive pugilistic contest in which the participants are paid a
purse and blows are delivered wi th any part of the hands, feet,
elbows, or knees and multiple comba tive disciplines are used to
include grappling. Suc h contests take place in a rope-enclosed ring
or fenced enclosed cage and are fought in timed rounds;
33. 34. "Promote" or "promoting" means producing, staging,
sponsoring, organizing or otherwise holdin g a combative sports event
whether or not the event is open to the public;
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34. 35. "Promoter" means any individual, whether a resident or
nonresident of Oklahoma, or club or corporation, w hether
domesticated or not domesticated in Oklahoma, that produces or
stages professional contests, amateur mixed marti al arts contests,
or professional exhibitio ns conducted within this state and shall
include any officer, director, or employees as define d by the
Commission;
35. 36. "Pugilism" means combative sports or the skill or
practice of fighting with the fists;
36. 37. "Purse" means the financial guarante e or any other
remuneration or thing of value for which a combative sports
practitioner participates in a professional combative sports event
and shall include the participant's share of any payment received
for radio broadcasting, television, including ca ble television, pay-
per-view television, and closed-circuit television, and motion
picture rights. "Purse" shall also include gate receipts and any
other prizes;
37. 38. "Ring official" means any individual who performs an
official function during the pr ogress of a combative sports event or
amateur mixed martial arts event including but not limit ed to
timekeepers, judges, referees, and attending physicians;
38. 39. "Sanctioning permit" means a permit issued by t he
Commission to promoters who make applica tion for official approval
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of professional combative sports events and amateur mixed martial
arts events;
39. 40. "Sparring" means to engage in a form of combat ive sport
with jabbing or feinting movements, and th e exchange of few heavy
blows, such as occurs in a practice or exhibition boxing match;
40. 41. "Telecast promoter" means any promoter w ho shows or
causes to be shown in this state a closed -circuit telecast of any
professional combative sports event condu cted in this state.
"Telecast promoter" shall not include a cable system operator;
41. 42. "Trainer" means an individual who assists, c oaches, or
instructs any professional combative sports practitioner or amateur
mixed martial artist with respect to phy sical conditioning,
strategy, techniques, o r preparation for competition, professional
combative sports contests, or professional exhibit ions; and
42. 43. "Vendor" means any individual, firm, organizatio n,
club, or corporation that participates in the con duct of a
professional combative sports eve nt or amateur mixed martial arts
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 program s.
B. The Commission may define any term w hich is not defined in
the Oklahoma State Athletic Commission Act.
SECTION 2. AMENDATORY 3A O.S. 2021, Section 604.3, is
amended to read as follows:
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Section 604.3 A. The Oklahoma State Athletic Commission, its
administrator or any other employee authorized by the Commission may
order the promoter to withhold any part of a purse or other mone y
belonging or payable to any combative sports practitioner or second
if, in the judgment of the C ommission, administrator or employee:
1. The practitioner is not competing honestly or to the best of
the practitioner's skill and ability, or the practition er otherwise
violates any rules or regul ations adopted by the Commission or any
provisions of the Oklahoma Athletic Commission Act; and
2. The second violates any rules or regulations adopted by the
Commission or any provisions of the Oklahoma Athletic Co mmission
Act.
B. Money ordered withheld pursuant to this section shall be
deposited in the Oklaho ma State Athletic Commission Revolving Fund
Security Account. The Commission shall hold a hearing at i ts next
regularly scheduled meeting to dispose of the m atter. If it is
determined that the pra ctitioner or second is entitled to his or her
share of the purse or other money, the funds shall be m oved to the
Oklahoma State Athletic Commission Revolving Fun d and disbursed to
the practitioner or second. If it i s determined that the
practitioner or second is not entitled to his or her share of the
purse or other money, the funds shall be moved to the Oklahoma State
Athletic Commission Revolving Fund and disbursed to the promoter.
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SECTION 3. AMENDATORY 3A O.S. 2021, 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 p romulgated by
the Commission. The administrat or shall perform such other duties
as the Commission may prescribe. The salary of the administ rator
shall be set by the Commission. The position of administrator shall
be an unclassified position.
B. The Commission may employ an assistant to keep record s of
all proceedings relating to professional combat ive sports, amateur
kickboxing, and amateur mixed martial arts and to preserve all
books, documents, and papers belonging to the Commission. The
assistant shall perform such othe r duties as the Commissio n may
prescribe. The salary of the as sistant shall be set by the
Commission. The position of the assistant shall be an unclassified
position. 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 pro vide administrative
support for the Commission, including, but not limited to, office
space, equipment, and furnish ings, payroll and employee benefit
administration and processing, and travel and expense reimburse ment,
and shall manage the Commission's funds at the direction of the
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Commission. The State Department of Health shall be entitled to
reimbursement for the a ctual cost of providing said administrative
support to the Commission from the Oklahoma State Athl etic
Commission Revolving Fund; provided that said reimbursement shall
not exceed in any year ten five percent (10%) (5%) 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 Departme nt 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 Oklahoma State Department of Health Athletic
Commission. All other Commission-directed Commission-incurred
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 Heal th only for the purpose of
administrative support pr ovided by the State Department of Hea lth 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 dir ectly to the Commission administrator
and the Commission.
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E. The administrator, the assi stant, 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 prohibit ed
from promoting, sponsoring, or having any pecunia ry interest in any
professional combative sports event, amateur kickboxing event, or
amateur mixed martial arts event regulated by the C ommission with
the exception of medical p ersonnel.
SECTION 4. AMENDATORY 3A O.S. 2021, S ection 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 t he Oklahoma State Athletic
Commission Act and the ru les promulgated by the Oklahoma State
Athletic Commission, an assessment equal to five percent (5%) of the
total gross receipts of any profession al combative sports event,
amateur mixed martial arts event or amateur kickboxing event
conducted in this state , exclusive of any federal tax or tax impos ed
by any political subdivision of this state, shall be hereby levied
and shall be remitted by every p romoter and vendor to the Oklahoma
State Athletic Commissio n.
B. The assessment established in subsection A of this section
shall not exceed Thirty -five Thousand Dollars ($35,000.00).
C. Promoters of professional boxing events, professional mixed
martial arts events, amateur mixed martial arts events and amateur
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kickboxing events shall pay the greater of the five -percent
assessment levied pursuant to subs ection A of this section or Four
Hundred Fifty Dollars ($450.00) to the Commission.
D. Promoters of professional wrestling events shall pay the
greater of the five-percent assessment levied pursuant to subsection
A of this section or Eighty Dollars ($80.0 0) to the Commission.
E. For the purpose of this section, total gross receipts of
every promoter shall include:
1. The face value of all tickets sold; and
2. Proceeds from a vendor, or the promoter 's gross price
charged for the sale of food, alcoholic a nd nonalcoholic beverages,
or merchandise, including, but not limited to, wearing apparel,
souvenirs and programs.
F. For professional combative sports events , amateur mixed
martial arts events or, and amateur kickboxing events at which
admission tickets are not sold by the promoter, the promoter shall
remit an assessment equal to five percent (5%) of the revenues
received by the promot er for the event, historically known as a site
fee.
G. 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 appa rel, souvenirs, and
programs, excluding that portion paid to any promoter.
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H. Payment of the a ssessment on gross receipts, unless
otherwise specified, shall be due within five (5) business days
after the holding of the professio nal combative sports event ,
amateur mixed martial arts event or amateur kickbox ing event and
shall be accompanied by a re port in such form as shall be prescribed
by the Oklahoma State Athletic Commission.
I. A promoter shall not issue complimentary ticket s for more
than ten percent (10%) of the seats for any event. The promoter
shall be responsible to pay the five-percent assessment levied
pursuant to subsection A of this section on total receipts as
prescribed in this sec tion for any complimentary ticket s in excess
of ten percent (10%). All complimentary tickets must clearly
indicate on the ticket that it is a complimenta ry ticket and state
the value of the complimentary ticket. The face value of a
complimentary ticket s hall be equal to like tickets sol d in that
particular section of the venue. The complimentary tickets that are
exempt from the five-percent assessment le vied pursuant to
subsection A of this section shall be those tickets with the lowest
face value.
J. Complimentary tickets shall not be given to a sponsor,
elected official, person or any entity that gives the prom oter of
any event anything of value, inclu ding but not limited to money, in-
kind goods or services, or advertising.
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K. The first payment of the assessment on gross income recei ved
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 b y the
Oklahoma State Athletic Commission.
L. Except as otherwise provided in the Oklahoma State Athletic
Commission Act, in addition to the pay ment of any other fees and
monies due pursuant to the Oklaho ma State Athletic Commission Act
and the rules promulgated by the Oklahoma State Athletic Comm ission,
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 includ e the gross price charged for the sale, lease,
or other use of broadcasting, including, but no t 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, wi thout any deductions for
commissions, brokerage fees, distribution fees, advertising, or
other expenses or charges.
M. 1. In the case of facilities at or throug h which the
closed-circuit telecast is shown other t han a cable system
operator's pay-per-view facilities, the telecast promoter shall,
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within eight (8) days after the telecast, inclusive of maili ng 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 transmitt ed.
2. The report shall be accom panied by the assessment pa yment
required under subsection L of this section, e xcluding any federal,
state or local taxes .
3. The Commission may require the owner or operator of the
facility where the telecast is being sho wn to file a report
containing information regarding the amo unt paid to the telecast
promoter for the right to b roadcast the telecast, the quality of the
audio and video signal, and any other information the Commission
deems appropriate.
N. 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 sha ll, within thirty (30)
days following receipt of the notice of the assessment from the
Commission, cause to be filed with the Commissio n the assessment
required pursuant to subsection L of this section, excluding a ny
federal, state, or local taxes.
2. The cable system operator shall withhold from the proceeds
due to the telecast promoter the assessment pa yment required
pursuant to subsection L of this section and remit the assessment to
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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 L of this section from any
proceeds due to the cable system o perator from its pay-per-view
events.
3. The Commission shall require the cable system operat or to
file reports containing information regarding the number of orders
sold and the price charged fo r orders and any other informatio n the
Commission deems appr opriate.
4. Cable system operators shall not be lia ble to the Commission
for the assessment p ayment required under subsection L of this
section. Nothing in this section shall be deemed to preven t a cable
system operator from bi lling its customer for the assessment
payment.
5. The Commission shall, upon r equest, provide the telecast
promoter with a report detailing the number of orders and the
assessment payment due.
O. Any promoter who willfull y 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 pen alty shall be
in addition to any other penalties imposed in this section.
P. Gross receipts reports s igned under oath shall also inclu de:
1. The name of the pro moter;
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2. The professional combative sports event , amateur mixed
martial arts event or amateu r kickboxing event sanctioning permit
number;
3. The promoter's business address and any license or p ermit
number required of such pro moter 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 corr ectly and collect
the assessment levied pursuant to this sec tion.
Q. In addition to the information required on reports, the
Oklahoma State Athletic Comm ission may request, and the promoter
shall furnish, any information deemed necessary for a correct
computation of the assessment levied pursuant to this section.
R. All levies pursuant to this section shall be col lected by
the Commission and shall be plac ed to the credit of the Oklahoma
State Athletic Commission Revolving Fund.
S. The monies collected fr om 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 At hletic
Commission.
T. The promoter shall compute and pay to the Oklahoma State
Athletic Commission th e required assessment due. If th e payment of
the assessment is not postmarked or delivered to the Oklahoma Stat e
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Athletic Commission as specified in subs ections H through L of this
section, whichever is appropriate, the assessment shall be
delinquent from such date.
U. It shall be the d uty of every promoter requi red to make a
gross receipts report and pay any asse ssment pursuant to the
provisions of this section to keep and preserve suitable records and
documents which may be necessary to determine the am ount of
assessment due as will su bstantiate and prove the ac curacy of such
reports. All such records shall be p reserved for a period of three
(3) years, unless the Oklahoma State Athletic Commission, in
writing, has authorized their destruction or disposa l at an earlier
date, and shall be open to examination at an y time by the Oklahoma
State Athletic Commission or by any of its authorized employees.
SECTION 5. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 12, 2023 - DO PASS AS AMENDED