Senate Bill No. 158–Committee on Finance

(On Behalf of Budget Division)

February 10, 1999

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Referred to Committee on Finance

 

SUMMARY—Authorizes Nevada athletic commission to recover certain costs associated with issuance and reinstatement of licenses and disciplinary proceedings. (BDR 41-1444)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Contains Appropriation included in Executive Budget.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the Nevada athletic commission; authorizing the commission to recover certain costs associated with the issuance or reinstatement of a license; expanding the circumstances under which such costs may be recovered if disciplinary action is taken by the commission; making an appropriation; and providing other matters properly relating thereto.

 

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

1-1 Section 1. Chapter 467 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in NRS 467.158, upon receipt of an

1-4 application and the payment of a penalty prescribed by the commission,

1-5 not to exceed $250,000, the commission may reinstate a revoked license.

1-6 2. In addition to the penalty required by subsection 1, the

1-7 commission may require the applicant to:

1-8 (a) Pay the costs of the proceedings associated with the reinstatement

1-9 of the license, including investigative costs and attorney’s fees; and

1-10 (b) Deposit with the commission such an amount of money as the

1-11 commission deems necessary to pay for those costs. If any amount

1-12 required to be deposited pursuant to this paragraph exceeds the actual

2-1 cost of the proceedings, including investigative costs and attorney’s fees,

2-2 the commission shall refund the excess amount to the applicant upon the

2-3 completion of the proceedings.

2-4 Sec. 2. NRS 467.100 is hereby amended to read as follows:

2-5 467.100 1. All contestants, promoters, managers, seconds, trainers

2-6 and ring officials must be licensed by the commission. No person may

2-7 participate, directly or indirectly, in any professional contest or exhibition

2-8 of unarmed combat unless he has first procured a license from the

2-9 commission.

2-10 2. The commission shall fix a uniform scale of license fees.

2-11 3. In addition to the license fees required by subsection 2, the

2-12 commission may require an applicant for a license to:

2-13 (a) Pay the costs of the proceedings associated with the issuance of the

2-14 license, including investigative costs and attorney’s fees; and

2-15 (b) Deposit with the commission such an amount of money as the

2-16 commission deems necessary to pay for those costs. If any amount

2-17 required to be deposited pursuant to this paragraph exceeds the actual

2-18 cost of the proceedings, including investigative costs and attorney’s fees,

2-19 the commission shall refund the excess amount to the applicant upon the

2-20 completion of the proceedings.

2-21 4. It is a violation of this chapter for any person to participate, directly

2-22 or indirectly, as stated in subsection 1, unless he has been granted a license

2-23 therefor.

2-24 Sec. 3. NRS 467.158 is hereby amended to read as follows:

2-25 467.158 1. [Except as otherwise provided in subsections 3 and 4,

2-26 upon receipt of an application and the payment of a penalty prescribed by

2-27 the commission, not to exceed $250,000, the commission may reinstate a

2-28 revoked license.

2-29 2.] If disciplinary action is taken against a person pursuant to this

2-30 chapter and the disciplinary action does not relate to a contest or exhibition

2-31 of unarmed combat as provided in subsection [3,] 2, the commission may,

2-32 in lieu of revoking a license, prescribe a penalty not to exceed $250,000.

2-33 [3.] 2. If disciplinary action is taken against a person pursuant to this

2-34 chapter, including, but not limited to, a hearing for the revocation of a

2-35 license, and the disciplinary action relates to:

2-36 (a) The preparation for a contest or an exhibition of unarmed combat;

2-37 (b) The occurrence of a contest or an exhibition of unarmed combat; or

2-38 (c) Any other action taken in conjunction with a contest or an exhibition

2-39 of unarmed combat,

2-40 the commission may prescribe a penalty pursuant to subsection [4.] 3.

2-41 [4.] 3. A penalty prescribed by the commission pursuant to subsection

2-42 [3:] 2:

3-1 (a) Must not exceed $250,000 or 100 percent of the share of the purse to

3-2 which the holder of the license is entitled for the contest or exhibition,

3-3 whichever amount is greater; and

3-4 (b) May be imposed in addition to or in lieu of any other disciplinary

3-5 action that is taken against the person by the commission.

3-6 [5. If a penalty is imposed pursuant to this section,]

3-7 4. If disciplinary action is taken against a person pursuant to this

3-8 chapter, the commission may require the person against whom such

3-9 action is taken to pay the costs of the proceeding, including investigative

3-10 costs and attorney’s fees . [, may be recovered by the commission.]

3-11 Sec. 4. There is hereby appropriated from the state general fund to the

3-12 Nevada Athletic Commission the sum of $18,596 for unanticipated

3-13 expenses. This appropriation is supplemental to that made by section 22 of

3-14 chapter 244, Statutes of Nevada 1997, at page 858.

3-15 Sec. 5. This act becomes effective upon passage and approval.

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