0001| HOUSE BILL 1033
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| FRED LUNA
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO PROFESSIONAL ATHLETIC EVENTS; DECLARING
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0012| PROFESSIONAL WRESTLING TO BE ENTERTAINMENT; AMENDING AND
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0013| ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 60-2A-2 NMSA 1978 (being Laws 1980,
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0017| Chapter 90, Section 2, as amended) is amended to read:
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0018| "60-2A-2. DEFINITIONS.--As used in the Professional
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0019| Athletic Competition Act:
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0020| A. "board" means the medical advisory board;
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0021| B. "commission" means the New Mexico athletic
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0022| commission;
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0023| C. "foreign co-promoter" means a promoter who has
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0024| no place of business in this state;
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0025| D. "professional boxer" [or "professional
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wrestler"] means an individual who competes for money, prizes
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0002| or purses or who teaches, pursues or assists in the practice of
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0003| boxing [wrestling] or martial arts as a means of obtaining a
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0004| livelihood or pecuniary gain;
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0005| E. "professional contest" means any professional
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0006| boxing [wrestling] or martial arts contest or exhibition,
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0007| whether or not an admission fee is charged for admission of the
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0008| public;
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0009| F. "promoter" means any person, and in the case of
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0010| a corporate promoter includes any officer, director or
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0011| stockholder of the corporation, who produces or stages any
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0012| professional boxing [wrestling] or martial arts contest,
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0013| exhibition or closed circuit television show;
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0014| G. "purse" means the financial guarantee or any
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0015| other remuneration, or part thereof, for which professional
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0016| boxers [or professional wrestlers] are participating in a
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0017| contest or exhibition and includes the participant's share of
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0018| any payment received for radio broadcasting, television or
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0019| motion picture rights;
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0020| H. "ring official" means any person who performs an
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0021| official function during the progress of a contest or
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0022| exhibition; and
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0023| I. "department" means the regulation and licensing
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0024| department."
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0025| Section 2. A new section of the Professional Athletic
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0001| Competition Act, Section 60-2A-2.1 NMSA 1978, is enacted to
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0002| read:
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0003| "60-2A-2.1. [NEW MATERIAL] PROFESSIONAL WRESTLING--
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0004| ENTERTAINMENT.--
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0005| A. A professional wrestling match or exhibition is
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0006| entertainment, not an athletic competition subject to
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0007| regulation or control by the commission.
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0008| B. Professional wrestlers are not subject to
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0009| regulation or control by the commission.
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0010| C. The promotion, production, staging, financing or
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0011| remuneration of contestants of a professional wrestling match
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0012| or exhibition are not subject to regulation or control by the
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0013| commission."
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0014| Section 3. Section 60-2A-7 NMSA 1978 (being Laws 1980,
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0015| Chapter 90, Section 7) is amended to read:
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0016| "60-2A-7. MEDICAL ADVISORY BOARD.--
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0017| A. There is created the "medical advisory board" to
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0018| assist the commission.
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0019| B. The board shall consist of three members to be
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0020| appointed by the commission. Each member of the board shall be
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0021| licensed to practice medicine in this state and shall have had
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0022| at the time of his appointment at least five years' experience
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0023| in the practice of his profession. Members of the board shall
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0024| serve without compensation.
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0025| C. The board shall:
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0001| (1) prepare and submit to the commission for
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0002| its approval standards for the physical and mental examination
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0003| of professional boxers [and professional wrestlers which]
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0004| that shall safeguard their health; provided no standard shall
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0005| become effective until approved by the commission;
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0006| (2) recommend to the commission for licensing
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0007| purposes physicians who are qualified to make examinations of
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0008| professional boxers [and wrestlers]; and
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0009| (3) upon request of the commission, advise the
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0010| commission as to the physical and mental fitness of any
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0011| individual professional boxer [or wrestler]."
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0012| Section 4. Section 60-2A-10 NMSA 1978 (being Laws 1980,
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0013| Chapter 90, Section 10) is amended to read:
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0014| "60-2A-10. LICENSES FOR PROMOTERS, BOXERS, [WRESTLERS]
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0015| TRAINERS, RING OFFICIALS AND OTHERS.--
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0016| A. All promoters, foreign co-promoters,
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0017| matchmakers, professional boxers, [professional wrestlers]
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0018| managers, seconds, announcers, referees, trainers, booking
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0019| agents and timekeepers shall be licensed by the commission.
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0020| B. No person shall be permitted to participate
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0021| either directly or indirectly in any professional contest
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0022| unless [such person shall have] he has first procured a
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0023| license from the commission.
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0024| C. Any person violating the provisions of this
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0025| section is guilty of a petty misdemeanor."
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0001| Section 5. Section 60-2A-12 NMSA 1978 (being Laws 1980,
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0002| Chapter 90, Section 12, as amended) is amended to read:
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0003| "60-2A-12. LICENSE FEES.--The annual license fee shall
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0004| not exceed the following amounts:
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0005| A. promoters ...........................$300.00
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0006| B. foreign co-promoters ................ 500.00
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0007| C. referees ............................. 40.00
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0008| D. timekeepers and announcers ........... 25.00
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0009| E. seconds and trainers ..................25.00
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0010| F. managers ..............................50.00
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0011| G. professional boxers ...................25.00
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0012| [H. professional wrestlers ...............25.00
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I.] H. booking agents .....................50.00
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0014| [J.] I. matchmakers
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0015| ......................50.00
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0016| [K.] J.
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0017| judges............................25.00.
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0018| Every license shall expire at midnight on December 31 of
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0019| the year in which the license is issued."
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0020| Section 6. Section 60-2A-16 NMSA 1978 (being Laws 1980,
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0021| Chapter 90, Section 16) is amended to read:
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0022| "60-2A-16. CONTRACTS.--
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0023| A. Every professional boxer [or professional
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wrestler] competing in a professional contest [shall be]
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0025| is entitled to receive a copy of a written contract or
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0001| agreement, approved as to form by the commission, binding a
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0002| licensee to pay the professional boxer [or professional
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wrestler] a certain fixed fee or percentage of the gate
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0004| receipts.
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0005| B. One copy of [such] the contract or agreement
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0006| shall be filed with the executive secretary of the commission,
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0007| and one copy shall be retained by the licensee or promoter of
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0008| the professional contest."
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0009| Section 7. Section 60-2A-17 NMSA 1978 (being Laws 1980,
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0010| Chapter 90, Section 17) is amended to read:
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0011| "60-2A-17. INSURANCE.--
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0012| A. The commission may by rule require insurance
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0013| coverage for each licensed professional boxer [or professional
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wrestler] to provide for medical, surgical and hospital care
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0015| for injuries sustained while preparing for or engaged in a
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0016| professional contest, in an amount of one thousand dollars
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0017| ($1,000) payable to [such] the boxer [or wrestler] as
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0018| beneficiary.
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0019| B. In lieu of or in addition to the insurance
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0020| provided for in Subsection A of this section, the commission
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0021| may establish a voluntary injury fund in the state treasury to
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0022| provide for the medical care of a professional boxer [or
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professional wrestler] injured in the course of a professional
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0024| contest. The fund shall consist solely of voluntary
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0025| contributions by promoters equal to two percent of the gross
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0001| receipts of the professional contest. The funds may be
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0002| expended upon vouchers signed by the chairman of the commission
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0003| and warrants drawn by the secretary of finance and
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0004| administration."
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0005| Section 8. Section 60-2A-19 NMSA 1978 (being Laws 1980,
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0006| Chapter 90, Section 19) is amended to read:
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0007| "60-2A-19. WITHHOLDING OF PURSE.--
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0008| A. The commission or its executive secretary may
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0009| order a promoter to withhold any part of a purse or other funds
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0010| belonging or payable to any contestant, manager or second if,
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0011| in the judgment of the commission or the executive secretary,
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0012| the contestant is not competing honestly or to the best of his
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0013| skill and ability or if the manager or second has violated any
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0014| of the provisions of the Professional Athletic Competition Act
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0015| or any rule promulgated [thereunder] under that act.
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0016| [B. This section does not apply to any
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professional wrestler who appears not to be competing honestly
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or to the best of his skill and ability.
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C.] B. Upon the withholding of any part of a
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0020| purse pursuant to this section, the commission shall
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0021| immediately schedule a hearing on the matter as promptly as
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0022| possible. If it is determined that [such] the contestant,
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0023| manager or second is not entitled to any part of his share of
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0024| the purse or other funds, the promoter shall turn [such]
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0025| that money over to the commission, and it shall become
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0001| forfeit to the state and be disposed of as are fees."
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0002| Section 9. Section 60-2A-21 NMSA 1978 (being Laws 1980,
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0003| Chapter 90, Section 21) is amended to read:
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0004| "60-2A-21. LENGTH OF PROFESSIONAL CONTESTS--ROUNDS.--No
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0005| professional boxing contest shall be more than fifteen rounds
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0006| in length, and each round shall not exceed three minutes in
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0007| length. There shall be a one-minute rest between rounds. [The
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commission shall adopt rules governing the length of
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professional wrestling contests, duration of rounds and the
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period of rest between rounds.]"
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0011| Section 10. EMERGENCY.--It is necessary for the public
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0012| peace, health and safety that this act take effect immediately.
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0013| State of New Mexico
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0014| House of Representatives
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 4, 1997
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0021|
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0022|
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0023| Mr. Speaker:
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0024|
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0025| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0001| has been referred
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0002|
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0003| HOUSE BILL 1033
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS.
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013|
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0014| Fred Luna, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 7 For 0 Against
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0024| Yes: 7
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0025| Excused: Alwin, Gubbels, Hobbs, Kissner, Rodella
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0001| Absent: Getty
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0002|
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0003|
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0004| G:\BILLTEXT\BILLW_97\H1033 FORTY-THIRD LEGISLATURE
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0005| FIRST SESSION, 1997
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0006|
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0007|
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0008| March 17, 1997
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0009| Mr. President:
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0010|
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0011| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0012| referred
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0013|
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0014| HOUSE BILL 1033
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023|
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0024|
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0025| __________________________________
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0001| Shannon Robinson, Chairman
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0002|
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0003|
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0004| Adopted_______________________ Not
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0005| Adopted_______________________
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008|
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0009| Date ________________________
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0010|
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0011|
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0012|
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0013| The roll call vote was 5 For 0 Against
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0014| Yes: 5
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0015| No: 0
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0016| Excused: Garcia, Ingle, Vernon, Rodarte
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0017| Absent: None
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