HOUSE BILL 422
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Antonio "Moe" Maestas
AN ACT
RELATING TO UNARMED COMBAT COMPETITION; CHANGING THE NAME OF THE PROFESSIONAL ATHLETIC COMPETITION ACT TO THE UNARMED COMBAT COMPETITION ACT; AMENDING AND REPEALING PROVISIONS OF THE UNARMED COMBAT COMPETITION ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-2A-1 NMSA 1978 (being Laws 1980, Chapter 90, Section 1, as amended) is amended to read:
"60-2A-1. SHORT TITLE.--Chapter 60, Article 2A NMSA 1978 may be cited as the ["Professional Athletic] "Unarmed Combat Competition Act"."
SECTION 2. Section 60-2A-2 NMSA 1978 (being Laws 1980, Chapter 90, Section 2, as amended) is amended to read:
"60-2A-2. DEFINITIONS.--As used in the [Professional Athletic] Unarmed Combat Competition Act:
A. "board" means the medical advisory board;
B. "commission" means the New Mexico athletic commission;
[C. "contestant" means a person who engages in unarmed combat for remuneration;
D.] C. "department" means the regulation and licensing department;
[E.] D. "foreign co-promoter" means a promoter who has no place of business in this state;
[F.] E. "manager":
(1) means a person who:
(a) undertakes to represent the interests of another person by contract, agreement or other arrangement in procuring, arranging or conducting [a professional] an unarmed contest [or exhibition] in which the represented person will participate as [a contestant] an unarmed combatant;
(b) directs or controls the activities of an unarmed combatant relating to the participation of the unarmed combatant in [professional] unarmed contests [or exhibitions];
(c) receives or is entitled to receive [at least ten percent] any of the gross purse or gross income of any [professional] unarmed combatant for services relating to the participation of the unarmed combatant in [a professional] an unarmed contest [or exhibition]; or
(d) receives compensation for services as an agent or representative of an unarmed combatant; and
(2) does not include an attorney who is licensed to practice law in this state if the attorney's participation in any of the activities described in Paragraph (1) of this subsection is limited solely to the legal representation of a client who is an unarmed combatant;
[G. "professional boxer" or "professional wrestler" means an individual who competes for money, prizes or purses or who teaches, pursues or assists in the practice of boxing, wrestling or martial arts as a means of obtaining a livelihood or pecuniary gain;
H. "professional contest" means any professional boxing, wrestling or martial arts contest or exhibition, whether or not an admission fee is charged for admission of the public;
I.] F. "promoter" means any person, and in the case of a corporate promoter, includes any officer, director or stockholder of the corporation, who produces or stages any [professional boxing, wrestling or martial arts] unarmed contest [exhibition] or closed circuit television show;
[J.] G. "purse" means the financial guarantee or any other remuneration, or part thereof, for which [professional boxers or professional wrestlers] unarmed combatants are participating in a contest [or exhibition] and includes the [participant's] unarmed combatant's share of any payment received for radio broadcasting, television or motion picture rights;
[K.] H. "ring official" means any person who performs an official function during the progress of [a] an unarmed contest; [or exhibition
L.] I. "unarmed combat" means boxing; wrestling; eastern or western Asian or other martial arts; or any form of unarmed competition in which a blow is usually struck that may [reasonably] be reasonably expected to inflict injury; [and
M.] J. "unarmed combatant" means:
(1) a person who engages in unarmed combat in [a] an unarmed contest [or exhibition], whether or not the person receives remuneration, including a wrestler, boxer or mixed martial artist [or other contestant]; or
(2) an amateur boxer who is registered with [United States amateur boxing, incorporated, or any other] any amateur organization recognized by the commission and who, in New Mexico, participates in an amateur boxing contest or exhibition [in the state] that is registered and sanctioned by [United States amateur boxing, incorporated or golden gloves of America] any amateur organization recognized by the commission; and
K. "unarmed contest" means any unarmed contest or exhibition between unarmed combatants, whether or not a fee for admission of the public is charged."
SECTION 3. Section 60-2A-3 NMSA 1978 (being Laws 1980, Chapter 90, Section 3, as amended) is amended to read:
"60-2A-3. COMMISSION CREATED--TERMS--RESTRICTIONS.--
A. [There is created] The "New Mexico athletic commission" is created. The commission shall be administratively attached to the department.
B. The commission [shall consist] consists of five members who are New Mexico residents and who are appointed by the governor. Three of the members shall have experience in the professional sports, and the other two members shall represent the public. The public members shall not have been licensed or have [any] a financial interest, direct or indirect, in the profession regulated. The members shall be appointed for staggered terms of four years each. Each member shall hold office until the expiration of the term for which appointed or until a successor has been appointed. Not more than three members of the commission shall be appointed from the same political party. No commission member shall serve more than two full terms consecutively. Any member who fails to attend three consecutive meetings after receiving proper notice of the meetings shall be automatically removed from the commission unless the member's absences are excused pursuant to applicable rules.
C. No member shall at any time during [his] membership on the commission promote or sponsor [any professional] an unarmed contest or have [any] a financial interest in the promotion or sponsorship of [any professional] an unarmed contest."
SECTION 4. Section 60-2A-4 NMSA 1978 (being Laws 1980, Chapter 90, Section 4, as amended) is amended to read:
"60-2A-4. [CHAIRMAN] CHAIR--RULES.--
A. The commission shall elect annually in December a [chairman] chair and such other officers as it deems necessary. The commission shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be called by the [chairman] chair or upon the written request of three or more members of the commission. Three members, at least one of whom is a public member, shall constitute a quorum.
B. The commission may adopt, purchase and use a seal.
C. The commission may adopt rules, subject to the provisions of the State Rules Act, for the administration of the [Professional Athletic] Unarmed Combat Competition Act not inconsistent with the provisions of the [Professional Athletic] Unarmed Combat Competition Act. The rules shall include but not be limited to the:
(1) number and qualifications of ring officials required in [a professional] an unarmed contest;
(2) powers, duties and compensation of ring officials; [and]
(3) qualifications and eligibility of licensees;
(4) conduct of all unarmed contest participants, including unarmed combatants, trainers, ring officials, promoters, foreign co-promoters, matchmakers, managers, seconds, referees, timekeepers and deputy inspectors; and
(5) denial, suspension or revocation of licenses.
D. The commission shall prepare all forms of contracts between sponsors, licensees, promoters and [contestants] unarmed combatants."
SECTION 5. Section 60-2A-7 NMSA 1978 (being Laws 1980, Chapter 90, Section 7) is amended to read:
"60-2A-7. MEDICAL ADVISORY BOARD.--
A. [There is created] The "medical advisory board" is created to assist the commission.
B. The board shall consist of three members to be appointed by the commission. Each member of the board shall be licensed to practice medicine in this state and shall have had at the time of [his] appointment at least five years' experience in the practice of [his] the member's profession. Members of the board shall serve without compensation.
C. The board shall:
(1) prepare and submit to the commission for its approval standards for the physical and mental examination of [professional boxers and professional wrestlers which] unarmed combatants that shall safeguard their health; provided no standard shall become effective until approved by the commission;
(2) recommend to the commission for licensing purposes physicians who are qualified to make examinations of [professional boxers and wrestlers] unarmed combatants; and
(3) upon request of the commission, advise the commission as to the physical and mental fitness of any individual [professional boxer or wrestler] unarmed combatant."
SECTION 6. Section 60-2A-8 NMSA 1978 (being Laws 1980, Chapter 90, Section 8) is amended to read:
"60-2A-8. JURISDICTION OF COMMISSION OVER [PROFESSIONAL] UNARMED CONTESTS.--
A. The commission shall have sole direction, management, control and jurisdiction over all [professional] unarmed contests to be conducted, held or given within New Mexico, and no [professional] unarmed contest shall be conducted, held or given in this state except in accordance with the provisions of the [Professional Athletic] Unarmed Combat Competition Act.
B. All unarmed contests shall be approved and sanctioned by the commission or an Indian nation, tribe or pueblo acting pursuant to its cooperative agreement with the commission entered into pursuant to the Unarmed Combat Competition Act.
C. An unarmed contest involving any forms of eastern or western Asian or other martial arts or any form of unarmed self-defense must be conducted pursuant to rules for that form that are approved by the commission before the unarmed contest is conducted, held or given in the state, except in accordance with the provisions of the Unarmed Combat Competition Act."
SECTION 7. Section 60-2A-8.1 NMSA 1978 (being Laws 2005, Chapter 346, Section 7) is amended to read:
"60-2A-8.1. COOPERATIVE AGREEMENTS WITH TRIBAL GOVERNMENTS.--
A. The commission may enter into a cooperative agreement with an Indian nation, tribe or pueblo whose tribal lands lie wholly or partly in New Mexico for the exchange of information and for the reciprocal, joint or common direction, management or control of [professional] unarmed contests conducted, held or given in New Mexico. To be effective, an agreement must be signed by the governor.
B. Money collected by the commission on behalf of an Indian nation, tribe or pueblo in accordance with an agreement entered into pursuant to this section is not money of this state and shall be collected and disbursed in accordance with the terms of the agreement, notwithstanding any other provision of law.
C. Nothing in an agreement entered into pursuant to this section shall be construed as an assertion or an admission by either this state or by the Indian nation, tribe or pueblo that the fees of one have precedence over the fees of the other when the person, event or transaction is subject to the jurisdiction of both governments. An agreement entered into pursuant to this section shall be construed solely as an agreement between the two party governments and shall not alter or affect the government-to-government relations between this state and any other Indian nation, tribe or pueblo."
SECTION 8. Section 60-2A-9 NMSA 1978 (being Laws 1980, Chapter 90, Section 9) is amended to read:
"60-2A-9. LICENSES TO CONDUCT [PROFESSIONAL] UNARMED CONTESTS.--
A. The commission may issue licenses to conduct, hold or give [a professional] an unarmed contest to any promoter under such terms and in accordance with such rules as the commission may adopt.
B. [Any] An application for [such] a license shall be in writing and shall correctly show the promoter. The application shall be accompanied by the annual fee prescribed by law.
C. Before [any] a license is granted to a promoter, the promoter [must] shall file a bond in an amount fixed by the commission but not less than [two thousand dollars ($2,000)] ten thousand dollars ($10,000) with good and sufficient surety and conditioned for the faithful performance by the promoter of the provisions of the [Professional Athletic] Unarmed Combat Competition Act."
SECTION 9. Section 60-2A-10 NMSA 1978 (being Laws 1980, Chapter 90, Section 10) is amended to read:
"60-2A-10. LICENSES FOR PROMOTERS, [BOXERS, WRESTLERS] UNARMED COMBATANTS, TRAINERS, RING OFFICIALS AND OTHERS.--
A. All promoters, foreign co-promoters, matchmakers, [professional boxers, professional wrestlers] unarmed combatants, managers, seconds, announcers, referees, trainers, [booking agents] ring officials and timekeepers shall be licensed by the commission.
B. No person shall be permitted to participate either directly or indirectly in [any professional] an unarmed contest unless [such] the person [shall have] has first procured a license from the commission.
C. Any person violating the provisions of this section is guilty of a petty misdemeanor."
SECTION 10. Section 60-2A-11 NMSA 1978 (being Laws 1980, Chapter 90, Section 11) is amended to read:
"60-2A-11. LICENSES FOR PHYSICIANS.--The commission may issue licenses without fees to physicians, authorizing them to officiate at [professional] unarmed contests."
SECTION 11. Section 60-2A-12 NMSA 1978 (being Laws 1980, Chapter 90, Section 12, as amended) is amended to read:
"60-2A-12. LICENSE FEES.--
A. The annual license fee shall not exceed the following amounts:
[A.] (1) promoters. . . . . . . . . . .$300.00
[B.] (2) foreign co-promoters . . . . . 500.00
[C.] (3) referees. . . . . . . . . . . . 40.00
[D.] (4) timekeepers and announcers. . . 25.00
[E.] (5) seconds and trainers. . . . . . 25.00
[F.] (6) managers. . . . . . . . . . . . 50.00
[G. professional boxers. . . . . . . . . . . .25.00
H. professional wrestlers . . . . . . . . . . 25.00
I. booking agents. . . . . . . . . . . . . . 50.00]
(7) unarmed combatants. . . . . . . . . .25.00
[J.] (8) matchmakers . . . . . . . . . . 50.00
[K.] (9) judges. . . . . . . . . . . . .25.00.
B. Every license shall expire at midnight on December 31 of the year in which the license is issued.
C. The department may collect an administrative fee not to exceed fifty dollars ($50.00) from every person who submits an application for a state or federal identification license."
SECTION 12. Section 60-2A-13 NMSA 1978 (being Laws 1980, Chapter 90, Section 13) is amended to read:
"60-2A-13. REAL PARTY IN INTEREST.--The commission shall not issue [any] a license for [a professional] an unarmed contest unless it is satisfied that the promoter is the real party in interest and intends to conduct, hold or give [such contests himself] the contest or unless the promoter receives at least twenty-five percent of the net receipts. A license may be revoked at any time if the commission finds that the promoter is not the real party in interest."
SECTION 13. Section 60-2A-14 NMSA 1978 (being Laws 1980, Chapter 90, Section 14, as amended) is amended to read:
"60-2A-14. DENIAL--SUSPENSION--REVOCATION OF LICENSES.--
A. The commission may deny, suspend or revoke [any] a license when in [its] the commission's judgment the licensee:
(1) participated in [any] a sham or fake [professional] unarmed contest;
(2) is guilty of a failure to give [his] the licensee's best efforts in [a professional] an unarmed contest;
(3) is guilty of [any foul or] unsportsmanlike conduct in connection with [a professional] an unarmed contest; [or]
(4) is guilty of participating in an [event] unarmed contest while under the influence of illegal drugs;
(5) is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure a license;
(6) has been adjudicated as mentally incompetent by the medical advisory board or a qualified medical professional;
(7) has been convicted of a felony;
(8) is unfit to participate in an unarmed contest due to a physical or mental condition;
(9) has had a license denied, suspended or revoked in any jurisdiction, territory or possession of the United States or another country, as conclusively shown by a certified copy of the record showing the denial, suspension or revocation from the jurisdiction, territory or possession of the United States or other country; or
(10) is guilty of violating a provision of the Unarmed Combat Competition Act or any rule promulgated by the commission pursuant to the Unarmed Combat Competition Act.
B. Before revocation of a license, the commission shall afford the licensee opportunity for a hearing, and upon request of the licensee and after reasonable notice, the commission shall conduct a hearing on the revocation, permitting the licensee to appear personally and by counsel, introduce evidence and examine and cross-examine witnesses.
C. A majority vote of the members of the commission is required to revoke a license. The commission shall file a written report of its findings, determinations and order with the record of the proceedings and shall send a copy [thereof] of it to the licensee.
D. The commission may suspend a license without holding a hearing; provided that the licensee is notified of the suspension and is given an opportunity for a post-suspension, license-reinstatement hearing. The commission may delegate authority to suspend a license at any unarmed contest to a single commissioner or the chair of the commission. All disciplinary actions shall be governed by the rules promulgated by the commission."
SECTION 14. Section 60-2A-16 NMSA 1978 (being Laws 1980, Chapter 90, Section 16) is amended to read:
"60-2A-16. CONTRACTS.--
A. Every [professional boxer or professional wrestler] unarmed combatant, except an amateur boxer, competing in [a professional] an unarmed contest [shall be] is entitled to receive a copy of a written contract or agreement, approved as to form by the commission, binding a licensee to pay the [professional boxer or professional wrestler] unarmed combatant a certain fixed fee or percentage of the gate receipts. Amateur boxers shall sign a written contract or agreement in a form approved by the commission.
B. One copy of [such] the contract or agreement shall be filed with the executive secretary of the commission, and one copy shall be retained by the licensee or promoter of the [professional] unarmed contest."
SECTION 15. Section 60-2A-17 NMSA 1978 (being Laws 1980, Chapter 90, Section 17) is amended to read:
"60-2A-17. INSURANCE.--
A. The commission may by rule require insurance coverage for each [licensed professional boxer or professional wrestler] unarmed combatant to provide for medical, surgical and hospital care for injuries sustained while preparing for or engaged in [a professional] an unarmed contest, in [an] a minimum amount of one thousand dollars ($1,000) payable to [such boxer or wrestler] the unarmed combatant as beneficiary.
B. In lieu of or in addition to the insurance provided for in Subsection A of this section, the commission may establish a voluntary injury fund in the state treasury to provide for the medical care of [a professional boxer or professional wrestler] unarmed combatants injured in the course of [a professional contest] unarmed contests. The fund shall consist solely of voluntary contributions by promoters equal to two percent of the gross receipts of the [professional] unarmed contest. [The funds may] Money in the fund shall be expended upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the [chairman] chair of the commission [and warrants drawn by the secretary of finance and administration]."
SECTION 16. Section 60-2A-18 NMSA 1978 (being Laws 1980, Chapter 90, Section 18) is amended to read:
"60-2A-18. ADVANCES AGAINST CONTESTANT'S PURSE.--No promoter or foreign co-promoter shall pay or give any money to a licensee before any [professional] unarmed contest as an advance against [a contestant's] an unarmed combatant's purse or for a similar purpose, except that a promoter may, with the prior written consent of the commission, pay or advance to [a contestant] an unarmed combatant necessary expenses for transportation and maintenance in preparation for [a professional] an unarmed contest."
SECTION 17. Section 60-2A-19 NMSA 1978 (being Laws 1980, Chapter 90, Section 19) is amended to read:
"60-2A-19. WITHHOLDING OF PURSE.--
A. The commission or its executive secretary may order a promoter to withhold [any] a part of a purse or other funds belonging or payable to [any contestant] an unarmed combatant, manager or second if, in the judgment of the commission or the executive secretary, the [contestant] unarmed combatant is not competing honestly or to the best of [his] the unarmed combatant's skill and ability or if the manager or second has violated any of the provisions of the [Professional Athletic] Unarmed Combat Competition Act or [any] a rule promulgated [thereunder] pursuant to that act.
B. This section does not apply to [any] a professional wrestler who appears not to be competing honestly or to the best of [his] the professional wrestler's skill and ability.
C. Upon the withholding of [any] a part of a purse pursuant to this section, the commission shall [immediately] schedule a hearing on the matter as promptly as possible. If it is determined that [such contestant] the unarmed combatant, manager or second is not entitled to [any] a part of [his] a share of the purse or other funds, the promoter shall turn [such] that money over to the commission, and it shall become forfeit to the state and be disposed of as are fees."
SECTION 18. Section 60-2A-20 NMSA 1978 (being Laws 1980, Chapter 90, Section 20) is amended to read:
"60-2A-20. ATTENDANCE AT WEIGH-INS--MEDICAL EXAMINATIONS--[PROFESSIONAL] UNARMED CONTESTS.--
A. The executive secretary or a member of the commission shall be present at all weigh-ins, medical examinations and [professional] unarmed contests and shall see that the provisions of the [Professional Athletic] Unarmed Combat Competition Act and the rules [made] promulgated pursuant [thereto] to that act are strictly enforced.
B. Every [participant in a professional boxing] unarmed combatant in an unarmed contest shall be present and weighed in no later than twelve o'clock noon on the day of the [professional] unarmed contest."
SECTION 19. Section 60-2A-21 NMSA 1978 (being Laws 1980, Chapter 90, Section 21) is amended to read:
"60-2A-21. LENGTH OF [PROFESSIONAL] UNARMED CONTESTS--ROUNDS.--No [professional boxing] unarmed contest, except mixed martial arts unarmed contests, shall be more than fifteen rounds in length, and each round shall not exceed three minutes in length. There shall be a one-minute rest between rounds. The commission shall adopt rules governing the length of [professional wrestling] unarmed contests, duration of rounds and the period of rest between rounds. Mixed martial arts unarmed contests shall be no longer than five rounds in length, and each round shall not exceed five minutes in length."
SECTION 20. Section 60-2A-22 NMSA 1978 (being Laws 1980, Chapter 90, Section 22) is amended to read:
"60-2A-22. MINORS--PARTICIPANTS.--No person under the age of majority shall participate in or be licensed for any [professional] unarmed contest."
SECTION 21. Section 60-2A-23 NMSA 1978 (being Laws 1980, Chapter 90, Section 23, as amended) is amended to read:
"60-2A-23. REGULATORY FEES ON PROMOTIONS.--
A. In addition to any other taxes or fees provided by law, there is imposed upon every promoter for the privilege of promoting [a professional] an unarmed contest a regulatory fee in an amount determined pursuant to the rules of the commission to be sufficient to cover the costs of regulating the unarmed contest; provided that the fee shall not exceed four percent of the total gross receipts of any [professional] unarmed contest conducted live in New Mexico.
B. The commission shall adopt rules for the administration, collection and enforcement of the fee imposed pursuant to this section.
C. As used in this section, "total gross receipts of any [professional] unarmed contest" includes:
(1) the gross price charged for the sale, lease or other exploitation of broadcasting, television or motion picture rights of the [professional] unarmed contest without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges;
(2) the face value of all tickets sold and complimentary tickets issued; and
(3) any sums received as consideration for holding [a professional] an unarmed contest at a particular location."
SECTION 22. Section 60-2A-24 NMSA 1978 (being Laws 1980, Chapter 90, Section 24, as amended) is amended to read:
"60-2A-24. ATHLETIC COMMISSION FUND.--The proceeds of the regulatory fee on promotions and of the supervisory fee on closed-circuit television or motion pictures, together with any license fees or other fees authorized pursuant to the [Professional Athletic] Unarmed Combat Competition Act, shall be deposited with the state treasurer to the credit of the "athletic commission fund", which is hereby created. Money in the fund is subject to appropriation by the legislature. Expenditures from the athletic commission fund shall only be made on warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the person designated by the commission [upon warrants drawn by the department of finance and administration] in accordance with the budget approved by the department of finance and administration."
SECTION 23. Section 60-2A-25 NMSA 1978 (being Laws 1980, Chapter 90, Section 25, as amended) is amended to read:
"60-2A-25. TIME OF PAYMENT OF REGULATORY FEE.--
A. Any person upon whom the regulatory fee is imposed pursuant to Section 60-2A-23 NMSA 1978 shall, within seventy-two hours after the completion of any [professional] unarmed contest for which an admission fee is charged and received or a contribution is requested and received, furnish to the commission a written report on forms prescribed by the commission showing:
(1) the number of tickets sold and issued or sold or issued for the [professional] unarmed contest;
(2) the amount of the gross receipts or value thereof;
(3) the amount of gross receipts derived from the sale, lease or other exploitation of broadcasting, motion picture or television rights of the [professional] unarmed contest, without any deductions for commissions, brokerage fees, distribution fees, advertising or any other expenses or charges; and
(4) such other matters as the commission may prescribe.
B. The commission or any of its authorized employees may inspect the books, ticket stubs or any other data necessary for the proper enforcement of the regulatory fee and supervisory fee imposed pursuant to the [Professional Athletic] Unarmed Combat Competition Act."
SECTION 24. Section 60-2A-26 NMSA 1978 (being Laws 1980, Chapter 90, Section 26, as amended) is amended to read:
"60-2A-26. SUPERVISORY FEE ON CLOSED-CIRCUIT TELECASTS OR MOTION PICTURES--REPORT TO COMMISSION.--
A. Any person who charges and receives an admission fee for exhibiting any live [professional] unarmed contest on a closed-circuit telecast or motion picture shall, within seventy-two hours after the event, furnish to the commission a verified written report on a form prescribed by the commission showing the number of tickets sold and issued or sold or issued and the gross receipts for the exhibition without any deductions.
B. There is imposed a supervisory fee upon the privilege of exhibiting for an admission fee any live [professional] unarmed contest on a closed-circuit telecast or motion picture. A supervisory fee is imposed in an amount determined pursuant to the rules of the commission to be sufficient to cover the costs of supervising the exhibition of the unarmed contest; provided that the fee shall not exceed five percent of the gross receipts derived from the exhibition of the unarmed contest.
C. The fee imposed pursuant to this section shall be administered, collected, enforced and the proceeds deposited as provided in Section 60-2A-24 NMSA 1978."
SECTION 25. Section 60-2A-27 NMSA 1978 (being Laws 1980, Chapter 90, Section 27, as amended) is amended to read:
"60-2A-27. PENALTY--NONPAYMENT OF FEE.--Any person who willfully attempts to evade or defeat any regulatory fee or supervisory fee or the payment thereof imposed pursuant to the [Professional Athletic] Unarmed Combat Competition Act is guilty of a fourth degree felony."
SECTION 26. Section 60-2A-28 NMSA 1978 (being Laws 1980, Chapter 90, Section 28, as amended) is amended to read:
"60-2A-28. CIVIL PENALTY.--In the case of failure due to negligence or disregard of rules and regulations of the commission, but without intent to defraud, to pay when due any amount of regulatory fee or supervisory fee required to be paid pursuant to the [Professional Athletic] Unarmed Combat Competition Act, there shall be added to the amount two percent per month or a fraction of a month from the date the fee was due or from the date the report was required to be filed, not to exceed ten percent of the fee due."
SECTION 27. Section 60-2A-29 NMSA 1978 (being Laws 1980, Chapter 90, Section 29) is amended to read:
"60-2A-29. PENALTY.--Any person violating the provisions of the [Professional Athletic] Unarmed Combat Competition Act is guilty of a misdemeanor and upon conviction [therefor] shall be punished, in the discretion of the court, by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed three months or by both such fine and imprisonment."
SECTION 28. Section 60-2A-30 NMSA 1978 (being Laws 1980, Chapter 90, Section 30, as amended) is amended to read:
"60-2A-30. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The New Mexico athletic commission is terminated on July 1, 2017 pursuant to the Sunset Act. The commission shall continue to operate according to the provisions of the [Professional Athletic] Unarmed Combat Competition Act until July 1, 2018. Effective July 1, 2018, Chapter 60, Article 2A NMSA 1978 is repealed."
SECTION 29. Section 60-2A-33 NMSA 1978 (being Laws 1991, Chapter 218, Section 6) is amended to read:
"60-2A-33. CRIMINAL OFFENDER CHARACTER EVALUATION.--The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by the [Professional Athletic] Unarmed Combat Competition Act."
SECTION 30. REPEAL.--Section 60-2A-8.2 NMSA 1978 (being Laws 2007, Chapter 109, Section 2) is repealed.
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