North Carolina § 143-652 - 2. Boxing Commission.

§ 143-652. 2. Boxing Commission.

Creation. - The Boxing Commission is created for the purposes set forth in G.S. 143-652.1. The Commission shall be administratively located within the Department of Commerce, but shall exercise its powers independently of the Secretary of Commerce. The Commission shall consist of six voting members and two nonvoting advisory members. All the members shall be residents of North Carolina. The members shall be appointed as follows: Two voting members shall be appointed by the Governor for an initial term of two years. One voting member shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate for an initial term of three years. One voting member shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives for an initial term of three years. One voting member shall be appointed by the Secretary of Commerce for an initial term of three years. Repealed by Session Laws 2019-203, s. 12(c), effective October 1, 2019. For applicability date, see notes. One voting member shall be appointed by the Governor for an initial term of three years, from nominations made by the Tribal Council of the Eastern Band of the Cherokee, which shall nominate three individuals for the position. One nonvoting advisory member shall be appointed by the Speaker of the House of Representatives for an initial term of one year, from nominations made by the North Carolina Medical Society, which shall nominate two licensed physicians for the position. One nonvoting advisory member shall be appointed by the President Pro Tempore of the Senate for an initial term of one year, from nominations made by the North Carolina Medical Society, which shall nominate two licensed physicians for the position. Vacancies. - Members shall serve until their successors are appointed and have been qualified. Vacancies for members appointed by the General Assembly shall be filled in accordance with G.S. 120-122. Except as otherwise provided in this subsection, any vacancy in the membership of the Commission shall be filled in the same manner as the original appointment. A vacancy in the membership of the Commission other than by expiration of term shall be filled for the unexpired term only. Meetings. - Meetings of the Commission shall be called by the chair or by any two members of the Commission, and meetings shall be held at least quarterly. Any three voting members of the Commission shall constitute a quorum at any meeting. Action may be taken and motions and resolutions adopted by the Commission at any meeting by the affirmative vote of a majority of the members of the Commission present at a meeting at which a quorum exists. Repealed by Session Laws 2019-203, s. 12(c), effective October 1, 2019. For applicability date, see notes. Compensation. - None of the members of the Commission shall receive compensation for serving on the Commission. However, members of the Commission may be reimbursed for their expenses in accordance with the provisions of Chapter 138 of the General Statutes. Staff Assistance. - The Commission shall hire a person to serve as Executive Director of the Commission. If necessary, the Executive Director may train and contract with independent contractors for the purpose of regulating and monitoring events, issuing licenses, collecting fees, and enforcing rules of the Commission. The Executive Director may initiate and review criminal background checks on persons requesting to work as independent contractors for the Commission or persons applying to be licensed by the Commission. The Commission may also hire additional staff. Repealed by Session Laws 2019-203, s. 12(c), effective October 1, 2019. For applicability date, see notes. Appointments by the General Assembly pursuant to subdivisions (2) and (3) of this subsection shall be made in accordance with G.S. 120-121 . The member appointed pursuant to subdivision (6) of this subsection may serve on the Commission only if an agreement exists and remains in effect between the Tribal Council of the Eastern Band of the Cherokee and the Commission authorizing the Commission to regulate professional boxing matches within the Cherokee Indian Reservation as provided by the Professional Boxing Safety Act of 1996. The two nonvoting advisory members appointed pursuant to subdivisions (7) and (8) of this subsection shall advise the Commission on matters concerning the health and physical condition of boxers and health issues relating to the conduct of exhibitions and boxing matches. They may prepare and submit to the Commission for its approval any rules that in their judgment will safeguard the physical welfare of all participants engaged in boxing. Terms for all members of the Commission except for the initial appointments shall be for three years. The Governor shall designate which member of the Commission is to serve as chair. A member appointed pursuant to subdivision (1) or (6) of this subsection shall serve at the Governor's pleasure. The other members of the Commission may be removed from office by the member's appointing authority for cause. Members of the Commission are subject to the conflicts of interest requirements of 15 U.S.C. § 6308 (contained in the Professional Boxing Safety Act of 1996, as amended). Each member, before entering upon the duties of a member, shall take and subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best of the member's ability. A record of these oaths shall be filed in the Department of Commerce. History (2007-528, s. 1; 2008-187, s. 22; 2011-145, s. 19.1(g), (n); 2014-100, s. 17.1(xxx); 2019-203, ss. 8, 12(c).) Editor's Note. - Session Laws 2019-203, s. 12(b), provides: "The Boxing Advisory Commission created under G.S. 143-652.2 is transferred to the Department of Commerce and is renamed the 'Boxing Commission.' This transfer has all of the elements of a Type II transfer, as described in G.S. 143A-6 , except that the management functions of the Commission shall not be performed under the direction and supervision of the Secretary of Commerce." Session Laws 2019-203, s. 12(d), provides: "Initial appointments to the Boxing Commission under G.S. 143-652.2 , as amended by subsection (c) of this section, shall be for terms commencing July 1, 2019. The terms of the members serving on the Boxing Advisory Commission as of June 30, 2019, expire on the effective date of this section [October 1, 2019]." Session Laws 2019-203, s. 13 made the amendments to this section by Session Laws 2019-203, s. 12(c), effective October 1, 2019, and applicable to (i) applications for a license or permit submitted on or after that date, (ii) contracts entered into on or after that date, and (iii) offenses and violations committed on or after that date. Effect of Amendments. - Session Laws 2008-187, s. 22, effective August 7, 2008, deleted "reenacted" preceding "section shall be" in subsection (g). Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" wherever it appears. Session Laws 2011-145, s. 19.1(n), effective January 1, 2012, substituted "Alcohol Law Enforcement Section" for "Alcohol Law Enforcement Division" in subsection (a); and substituted "Section" for "Division" in the next-to-last paragraph of subsection (a) and in subsection (d). Session Laws 2014-100, s. 17.1(xxx), effective July 1, 2014, substituted "Branch" for "Section" throughout this section. Session Laws 2019-203, s. 8, effective October 1, 2019, substituted "ALE Division" for "Branch" throughout the section; and substituted "ALE Division" for "Alcohol Law Enforcement Branch of the Department of Public Safety" in the first sentence of subsection (a). Session Laws 2019-203, s. 12(c), rewrote this section. For effective date and applicability, see editor's note.