SB227INTRODUCED
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SB227
8XL3FF2-1
By Senator Allen
RFD: Judiciary
First Read: 19-Mar-24
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5 8XL3FF2-1 03/18/2024 KMS (L)cr 2024-1147
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First Read: 19-Mar-24
SYNOPSIS:
Under existing law, the Alabama Athletic
Commission is responsible for regulating boxing,
wrestling, and mixed martial arts pursuant to the
Alabama Unarmed Combat Act.
This bill would authorize the Attorney General
to bring an action for certain violations of the act
and would provide criminal penalties for certain
violations
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the section. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
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because it comes within one of the specified exceptions
contained in the section.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Athletic Commission; to amend
Section 41-9-1038, Code of Alabama 1975, to authorize the
Attorney General to bring a civil action for certain
violations of the Alabama Unarmed Combat Act; to provide civil
fines and criminal penalties for violations; and in connection
therewith would have as its purpose or effect the requirement
of a new or increased expenditure of local funds within the
meaning of Section 111.05 of the Constitution of Alabama of
2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 41-9-1038 of the Code of Alabama
1975, is amended to read as follows:
"ยง41-9-1038
(a)(1) Any person may file a written and signed
complaint with the commission alleging that any other person
has violated any provision of Sections 41-9-1029 to through
41-9-1037, inclusive. A complaint shall be made in the manner
prescribed by the board and shall be referred by the
commission to a standing investigative committee, consisting
of a commission member, the executive director, the attorney
for the commission, and an investigator or the chief inspector
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for the commission, and an investigator or the chief inspector
of the commission. If the investigative committee finds that
no probable cause exists, the investigative committee may
dismiss the charges and prepare a statement in writing,
detailing the reasons for the decision.
(b)(1)(2)a. If the investigative committee finds that
probable cause exists, the commission shall initiate an
administrative proceeding. If the commission determines the
person has violated any provision of Sections 41-9-1029 to
through 41-9-1037, inclusive, the commission may do any of the
following:
a.1. Issue a cease and desist order.
b.2. Suspend or revoke a license.
c.3. Impose an administrative fine of not more than ten
thousand dollars ($10,000) per violation.
(2)b. The commission may petition the circuit court of
the county where the violation occurred to enforce a cease and
desist order and to collect any assessed fine.
(b) The Attorney General may bring a civil action
requesting relief, including a permanent or temporary
injunction, restraining order, or other order, against any
person who he or she believes is violating any provision of
Sections 41-9-1029 through 41-9-1037.
(c)(1) Any manager, promoter, matchmaker, or licensee
who knowingly violates or coerces or causes any other person
to violate any provision of Sections 41-9-1029 through
41-9-1037 shall be guilty of a Class C felony.
(2) Any member or employee of the commission or any
person who administers or enforces this article or rules
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person who administers or enforces this article or rules
adopted pursuant to this article who knowingly violates
Section 41-9-1033 or Section 41-9-1034 shall be guilty of a
Class C felony.
(d)(1) Any professional boxer, professional bare
knuckle boxer, tough man contestant, professional wrestler,
amateur mixed martial arts competitor, or professional
competitor in mixed martial arts who knowingly violates this
article, except Section 41-9-1034, upon conviction shall be
guilty of a Class B misdemeanor.
(2) In addition to the criminal penalties provided in
subdivision (1), any professional boxer, professional bare
knuckle boxer, tough man contestant, professional wrestler,
amateur mixed martial arts competitor, or professional
competitor in mixed martial arts who violates Section
41-9-1034 may be punished by a civil fine not exceeding
twenty-five thousand dollars ($25,000) together with a
percentage of the purse not exceeding 15 percent for each
violation.
(e) A person who participates in or promotes unarmed
combat without being properly authorized or licensed by the
commission pursuant to this article shall be guilty of a Class
A misdemeanor.
(c)(f) The criminal penalties in this section shall not
be construed to repeal other criminal laws. Whenever conduct
prescribed by this article is also prescribed by other
provision of law, the provision which carries the more serious
penalty shall be applied.
(d)(g) Any person aggrieved by an adverse action of the
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(d)(g) Any person aggrieved by an adverse action of the
commission may appeal the action to the Circuit Court of
Montgomery County in accordance with the Alabama
Administrative Procedure Act."
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on October
1, 2024.
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