(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Senate Bill No. 488-Committee on Judiciary
June 30, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Revises provisions relating to 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; revising the provisions relating to conduct that is prohibited in connection with contests and exhibitions of unarmed combat; authorizing the Nevada athletic commission to impose a monetary penalty in certain circumstances of 100 percent of the share of the purse to which a person involved in unarmed combat is entitled; 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 for abused and neglected children and the account for aid for victims of domestic violence; 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 467.040 is hereby amended to read as follows:
467.040 1. The commission may employ an executive director, who must not be a member of the commission.
2. Except as otherwise provided in NRS 467.080 [and 467.135,] , 467.135 and 467.158, all money received by the executive director or the commission pursuant to the provisions of this chapter must be deposited with the state treasurer for credit to the state general fund.
Sec. 1.5. NRS 467.110 is hereby amended to read as follows:
467.110 1. The commission may suspend or revoke the license of, otherwise discipline, or take any combination of such actions against any contestant, promoter, ring official or other participant who, in the judgment of the commission:
(a) Enters into a contract for a contest or exhibition of unarmed combat in bad faith;
(b) Participates in any sham or fake contest or exhibition of unarmed combat [.
(b)] ;
(c) Participates in a contest or exhibition of unarmed combat pursuant to a collusive understanding or agreement in which the contestant competes in or terminates the contest or exhibition in a manner that is not based upon honest competition or the honest exhibition of the skill of the contestant;
(d) Is guilty of a failure to give his best efforts [in such] , a failure to compete honestly or a failure to give an honest exhibition of his skills in a contest or exhibition [.
(c)] of unarmed combat; or
(e) Is guilty of an act or conduct that is detrimental to a contest or exhibition of unarmed combat, including, but not limited to, any foul or unsportsmanlike conduct in connection with [such] a contest or exhibition [.] of unarmed combat.
2. The commission may refuse to issue a license to an applicant who has committed any of the acts described in subsection 1.
Sec. 2 NRS 467.135 is hereby amended to read as follows:
467.1351. The commission, its executive director or any other employee authorized by the commission may order the promoter to withhold any part of a purse or other money belonging or payable to any contestant, manager or second if, in the judgment of the commission, executive director or other employee [, the] :
(a) The contestant is not competing honestly or to the best of his skill and ability or [if] the contestant otherwise violates any regulations adopted by the commission or any of the provisions of this chapter, including, but not limited to, the provisions of subsection 1 of NRS 467.110; or
(b) The manager or seconds [have violated] violate any regulations adopted by the commission or any of the provisions of this chapter [or the regulations adopted thereunder.] , including, but not limited to, the provisions of subsection 1 of NRS 467.110.
2. This section does not apply to any contestant in a wrestling exhibition who appears not to be competing honestly or to the best of his skill and ability.
3. Upon the withholding of any part of a purse or other money pursuant to this section, the commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.
4. If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other money, the promoter shall pay the money over to the commission. [Subject to the provisions of subsection 5, the money must be deposited] Except as otherwise provided in subsection 5 and NRS 467.158, the commission shall deposit the money with the state treasurer for credit to the state general fund.
5. Money turned over to the commission pending final action in any matter must be credited to the athletic commission's agency account and must remain in that account until the commission orders its disposition in accordance with the final action taken.
Sec. 3 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, in lieu of revoking a license, as provided for in this chapter,] If disciplinary action is taken against a person pursuant to this chapter and the disciplinary action does not relate to a contest or exhibition of unarmed combat as provided in subsection 3, the commission may , in lieu of revoking a license, prescribe a penalty not to exceed $250,000.
3. If disciplinary action is taken against a person pursuant to this chapter, including, but not limited to, a hearing for the revocation [or proposed revocation] of a license, and the disciplinary action 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] pursuant to subsection 4.
4. A penalty prescribed by the commission pursuant to subsection 3:
(a) Must not exceed $250,000 or [10] 100 percent of the [purse for that] share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater [.
4.] ; and
(b) May be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the commission.
5. If a penalty is imposed pursuant to this section [, the] :
(a) The costs of the proceeding, including investigative costs and attorney's fees, may be recovered by the commission [.] ; and
(b) The commission shall deposit:
(1) An amount equal to 40 percent of the penalty imposed with the state treasurer for credit to the account for aid for victims of domestic violence created pursuant to NRS 217.440; and
(2) An amount equal to 40 percent of the penalty imposed with the state treasurer for credit to the fund for abused and neglected children created pursuant to section 4 of this act.
The remainder of the penalty imposed 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.
Sec. 4 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. 5 The amendatory provisions of this act do not apply to conduct that occurred before the effective date of this act.
Sec. 6 This act becomes effective upon passage and approval.