Senate Bill No. 488-Committee on Judiciary

June 30, 1997
____________

Referred to Committee on Judiciary

SUMMARY--Requires Nevada athletic commission to impose penalty against contestant who commits mayhem during contest or exhibition of unarmed combat. (BDR 41-1856)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to unarmed combat; requiring the Nevada athletic commission to impose a monetary penalty against a contestant who commits mayhem during a contest or exhibition of unarmed combat; creating the fund for abused and neglected children; requiring the money from the imposition of certain penalties relating to contests or exhibitions of unarmed combat to be deposited into the fund; authorizing the administrator of the division of child and family services of the department of human resources to use the money in the fund for the construction or maintenance of certain facilities used to provide board or shelter for abused or neglected children; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 NRS 467.158 is hereby amended to read as follows:
467.158 1. Except as otherwise provided in [subsection 3,] subsections 3 and 4, upon receipt of an application and the payment of a penalty prescribed by the commission, not to exceed $250,000, the commission may reinstate a revoked license.
2. Except as otherwise provided in [subsection 3,] subsections 3 and 4, in lieu of revoking a license, as provided for in this chapter, the commission may prescribe a penalty not to exceed $250,000.
3. [If] Except as otherwise provided in subsection 4, if the revocation or proposed revocation relates to:
(a) The preparation for a contest or an exhibition of unarmed combat;
(b) The occurrence of a contest or an exhibition of unarmed combat; or
(c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat,
the commission may prescribe a penalty not to exceed $250,000 or 10 percent of the purse for that contest or exhibition, whichever amount is greater.
4. If the revocation or proposed revocation relates to mayhem as defined in NRS 200.280 that is committed by a contestant during a contest or exhibition, the commission shall prescribe a penalty not to exceed $250,000 or 50 percent of the contestant's share of the purse for that contest or exhibition, whichever amount is greater.
5. If a penalty is imposed pursuant to subsection 4 and the commission has taken final action concerning the imposition of that penalty, the commission shall deposit an amount equal to 80 percent of the penalty with the state treasurer for credit to the fund for abused and neglected children created pursuant to section 2 of this act. The remainder of the penalty must be accounted for and used in the same manner as money received from any other penalties is accounted for and used by the commission.
6.
If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney's fees, may be recovered by the commission.
Sec. 2 Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The fund for abused and neglected children is hereby created in the state treasury. The administrator shall administer the fund.
2. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. Claims against the fund must be paid as other claims against the state are paid.
3. The money in the fund must be used only to provide a grant, allocation or other distribution of money to a person to construct or maintain any facility which the administrator determines is used to provide board or shelter for abused or neglected children.
4. Any person may apply to the administrator for a grant, allocation or other distribution of money pursuant to the provisions of subsection 3.
5. As used in this section, "person" includes a government, governmental agency and a political subdivision of a government.
Sec. 3 The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 4 This act becomes effective on July 1, 1997.

30