§ 143-652.2. Boxing Advisory Commission. - North Carolina Statutes

§ 143‑652.2.  BoxingAdvisory Commission.

(a)        Creation. – TheBoxing Advisory Commission is created within the Department of Crime Controland Public Safety to advise the Alcohol Law Enforcement Division of theDepartment of Crime Control and Public Safety concerning matters regulated bythis Article. The Commission shall consist of six voting members and twononvoting advisory members. All the members shall be residents of NorthCarolina. The members shall be appointed as follows:

(1)        One voting membershall be appointed by the Governor for an initial term of two years.

(2)        One voting membershall be appointed by the President Pro Tempore of the Senate for an initialterm of three years.

(3)        One voting membershall be appointed by the Speaker of the House of Representatives for aninitial term of three years.

(4)        One voting membershall be appointed by the Secretary of Crime Control and Public Safety for aninitial term of three years.

(5)        One voting membershall be appointed by the Lieutenant Governor for an initial term of two years.

(6)        One voting membershall be appointed by the Tribal Council of the Eastern Band of the Cherokeefor an initial term of three years.

(7)        One nonvotingadvisory member shall be appointed by the Speaker of the House of Representativesfor an initial term of one year, from nominations made by the North CarolinaMedical Society, which shall nominate two licensed physicians for the position.

(8)        One nonvotingadvisory member shall be appointed by the President Pro Tempore of the Senatefor an initial term of one year, from nominations made by the North CarolinaMedical Society, which shall nominate two licensed physicians for the position.

Notwithstanding the scheduleabove in subdivisions (1), (5), (7), and (8) of this subsection, if any formermember of the North Carolina Boxing Commission is appointed to the initialmembership, that person shall serve an initial term of three years. The memberappointed pursuant to subdivision (6) of this subsection may serve on theCommission only if an agreement exists and remains in effect between the TribalCouncil of the Eastern Band of the Cherokee and the Commission authorizing theCommission to regulate professional boxing matches within the Cherokee IndianReservation as provided by the Professional Boxing Safety Act of 1996.

The two nonvoting advisorymembers appointed pursuant to subdivisions (7) and (8) of this subsection shalladvise the Commission and the Division on matters concerning the health andphysical condition of boxers and health issues relating to the conduct ofexhibitions and boxing matches. They may prepare and submit to the Commissionfor its consideration and to the Division for its approval any rules that intheir judgment will safeguard the physical welfare of all participants engagedin boxing.

Terms for all members of theCommission except for the initial appointments shall be for three years.

The Secretary of Crime Controland Public Safety shall designate which member of the Commission is to serve aschair. A member of the Commission may be removed from office by the Secretaryof Crime Control and Public Safety for cause. Members of the Commission aresubject to the conflicts of interest requirements of 15 U.S.C. § 6308(contained in the Professional Boxing Safety Act of 1996, as amended). Eachmember, before entering upon the duties of a member, shall take and subscribean oath to perform the duties of the office faithfully, impartially, and justlyto the best of the member's ability. A record of these oaths shall be filed inthe Department of Crime Control and Public Safety.

(b)        Vacancies. – Membersshall serve until their successors are appointed and have been qualified. Anyvacancy in the membership of the Commission shall be filled in the same manneras the original appointment. A vacancy in the membership of the Commissionother than by expiration of term shall be filled for the unexpired term only.

(c)        Meetings. – Meetingsof the Commission shall be called by the chair or by any two members of theCommission, and meetings shall be held at least quarterly. Any three votingmembers of the Commission shall constitute a quorum at any meeting. Action maybe taken and motions and resolutions adopted by the Commission at any meetingby the affirmative vote of a majority of the members of the Commission presentat a meeting at which a quorum exists.

(d)        Review Authority ofthe Commission. – The Commission shall review existing rules adopted under thisArticle and shall from time to time make recommendations to the Division forchanges or addition to such rules. Any proposals for change, amendment,addition, or deletion to those rules shall be submitted by the Division to theCommission for its comments prior to approval.

(e)        Compensation. – Noneof the members of the Commission shall receive compensation for serving on theCommission. However, members of the Commission may be reimbursed for theirexpenses in accordance with the provisions of Chapter 138 of the GeneralStatutes.

(f)         Staff Assistance.– The Secretary of Crime Control and Public Safety shall provide staffassistance to the Commission.

(g)        Initialappointments to the Commission under this section shall be for terms commencingJuly 1, 2007.  (2007‑528,s. 1; 2008‑187, s. 22.)