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HOUSE BILL 444
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Art De La Cruz and Antonio Maestas
AN ACT
RELATING TO ATHLETIC COMPETITION; TRANSFERRING NEW MEXICO
ATHLETIC COMMISSION AUTHORITY TO THE REGULATION AND LICENSING
DEPARTMENT; EXPANDING THE NUMBER OF COMMISSION MEMBERS;
CHANGING COMMISSION COMPOSITION; PERMITTING THE FORMATION OF
COMMITTEES; REQUIRING THE CREATION OF A MEDICAL ADVISORY
COMMITTEE; ELIMINATING THE MEDICAL ADVISORY BOARD; ADDING
LICENSING CATEGORIES; AMENDING THE TYPES OF FEES DEDICATED TO
THE ATHLETIC COMMISSION FUND; REPEALING SECTIONS OF THE NMSA
1978; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. 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 Competition Act:
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[A. "board" means the medical advisory board;
B.] A. "closed circuit telecast" means a telecast
that is not intended to be available for viewing without the
payment of a fee, including a pay-per-view telecast, podcast,
webcast, streaming media or any electronic transmission to an
arena, bar, lounge, club, entertainment or meeting center or
private residence;
[C.] B. "commission" means the New Mexico athletic
commission;
[D.] C. "contestant" means a person who engages in
unarmed combat for remuneration;
[E.] D. "department" means the regulation and
licensing department;
E. "event coordinator" means a person who oversees
the detailed requirements of the Professional Athletic
Competition Act on behalf of the promoter before, during and
after the exhibition;
F. "exhibition" means any contest or portion of a
fight card, bout or event in any form of unarmed combat
regulated by the commission and conducted, held or televised on
a closed circuit telecast originating in New Mexico;
G. "foreign co-promoter" means a promoter who has
no place of business in this state;
H. "manager":
(1) means a person who:
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(a) undertakes to represent the
interests of another person by contract, agreement or other
arrangement in procuring, arranging or conducting a
professional contest or exhibition in which the represented
person will participate as a contestant;
(b) directs or controls the activities
of an unarmed combatant relating to the participation of the
unarmed combatant in professional contests or exhibitions;
(c) receives or is entitled to receive
at least ten percent 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
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;
I. "professional boxer" means an individual who
competes for money, prizes or purses or who teaches, pursues or
assists in the practice of boxing as a means of obtaining a
livelihood or pecuniary gain;
J. "professional contest" means any professional
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boxing, professional kickboxing, professional martial arts,
professional mixed martial arts or sports entertainment
wrestling contest or exhibition, whether or not an admission
fee is charged for admission of the public;
K. "professional kickboxer" means an individual who
competes for money, prizes or purses or who teaches, pursues or
assists in the practice of kickboxing as a means of obtaining a
livelihood or pecuniary gain;
L. "professional martial artist" means an
individual who competes for money, prizes or purses or who
teaches, pursues or assists in the practice of martial arts as
a means of obtaining a livelihood or pecuniary gain;
M. "professional mixed martial artist" means an
individual who competes for money, prizes or purses or who
teaches, pursues or assists in the practice of mixed martial
arts as a means of obtaining a livelihood or pecuniary gain;
N. "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, professional kickboxing, professional
martial arts, professional mixed martial arts or sports
entertainment wrestling contest, exhibition or closed circuit
[television show] telecast;
O. "purse" means the financial guarantee or any
other remuneration, or part thereof, for which professional
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boxers, professional kickboxers, professional martial artists,
professional mixed martial artists or sports entertainment
wrestlers are participating in a contest or exhibition and
includes the participant's share of any payment received for
radio broadcasting, television or motion picture rights;
P. "ring official" means any person who performs an
official function during the progress of a contest or
exhibition;
Q. "sanctioning organization" means an organization
whose rules for a particular unarmed combat contest are
recognized by the commission;
[Q.] R. "sports entertainment wrestler" means an
individual who competes for money, prizes or purses or who
teaches, pursues or assists in the practice of sports
entertainment wrestling as a means of obtaining a livelihood or
pecuniary gain;
[R.] S. "sports entertainment wrestling" means an
activity in which participants struggle hand-to-hand primarily
for the purpose of providing entertainment to spectators rather
than conducting a bona fide athletic contest;
T. "technical zone" means the area between the ring
apron and the first row of seats;
[S.] U. "unarmed combat" means boxing, kickboxing,
martial arts, mixed martial arts, sports entertainment
wrestling or any form of competition in which a blow is usually
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struck that may reasonably be expected to inflict injury; and
[T.] V. "unarmed combatant" means:
(1) a person who engages in unarmed combat in
a contest or exhibition, whether or not the person receives
remuneration, including a boxer, kickboxer, martial artist,
mixed martial artist, sports entertainment wrestler or other
contestant; or
(2) an amateur boxer who is registered with
United States amateur boxing, incorporated, or any other
amateur organization recognized by the commission and
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."
SECTION 2. Section 60-2A-3 NMSA 1978 (being Laws 1980,
Chapter 90, Section 3, as amended) is amended to read:
"60-2A-3. COMMISSION CREATED--MEMBERSHIP --TERMS--
RESTRICTIONS.--
A. There is created the "New Mexico athletic
commission". The commission [shall be ] is administratively
attached to the department.
B. The commission shall [consist 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
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have any 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 ] advise the department, the
legislature and the governor to promote the growth of unarmed
combat sports in New Mexico .
C. [No member shall at any time during his
membership on the commission promote or sponsor any
professional contest or have any financial interest in the
promotion or sponsorship of any professional contest. ] The
commission shall consist of seven members who are New Mexico
residents and who are appointed by the governor. Two members
shall have experience promoting sporting events or shall have
participated in sporting events as a contestant. One member
shall be a New Mexico-licensed attorney. One member shall be a
licensed medical professional. The other three members shall
represent the public. The public members shall not have been
licensed or have 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 that member
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was appointed or until a successor has been appointed. No more
than four members of the commission shall be appointed from the
same political party. A commission member shall not serve more
than two full terms consecutively. "
SECTION 3. 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--DUTIES--COMMITTEES .--
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] Four 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 ] promulgate rules to
be adopted by the department , subject to the provisions of the
State Rules Act, for the administration of the Professional
Athletic Competition Act not inconsistent with the provisions
of the Professional Athletic Competition Act. The rules shall
include [but not be limited to the:
(1) number and qualifications of ring
officials required in a professional contest;
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(2) powers, duties and compensation of ring
officials; and
(3) qualifications of licensees ] the
qualifications for licensees .
D. The commission [shall prepare all forms of
contracts between sponsors, licensees, promoters and
contestants] may establish committees as the commission deems
necessary to fulfill its duties. Committees may include other
public members, but all committees shall be chaired by a member
of the commission. The public members of the committee shall
serve without compensation. "
SECTION 4. Section 60-2A-8.2 NMSA 1978 (being Laws 2007,
Chapter 109, Section 2) is amended to read:
"60-2A-8.2. JURISDICTION OF [COMMISSION ] DEPARTMENT OVER
UNARMED COMBAT CONTESTS--APPROVAL OF SANCTIONING
ORGANIZATIONS.--
A. The [commission] department shall have sole
direction, management, control and jurisdiction over all
contests or exhibitions of unarmed combat to be conducted, held
or given within New Mexico, and no contest or exhibition may be
conducted, held or given within the state except in accordance
with the provisions of the Professional Athletic Competition
Act.
B. The commission may approve one or more
sanctioning organizations for professional or amateur unarmed
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combat. A sanctioning organization approved by the commission
shall report to the commission the results of all contests or
exhibitions sanctioned by the sanctioning organization.
[B.] C. Any contest involving a form of [Oriental ]
unarmed [self-defense ] combat must be conducted pursuant to
rules for that form that are approved by the commission before
the contest is conducted, held or given in the state except in
accordance with the provisions of the Professional Athletic
Competition Act."
SECTION 5. Section 60-2A-9 NMSA 1978 (being Laws 1980,
Chapter 90, Section 9) is amended to read:
"60-2A-9. LICENSES TO CONDUCT PROFESSIONAL CONTESTS.--
A. The [commission] department may issue licenses
to conduct, hold or give a professional contest to any promoter
under such terms and in accordance with such rules as the
commission may adopt.
B. Any 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 license is granted to a promoter, the
promoter must file a bond in an amount fixed by the commission
but not less than two thousand dollars ($2,000) with good and
sufficient surety and conditioned for the faithful performance
by the promoter of the provisions of the Professional Athletic
Competition Act."
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SECTION 6. Section 60-2A-10 NMSA 1978 (being Laws 1980,
Chapter 90, Section 10, as amended) is amended to read:
"60-2A-10. LICENSES FOR PROMOTERS, BOXERS, TRAINERS, RING
OFFICIALS AND OTHERS.--
A. All promoters, foreign co-promoters,
matchmakers, professional boxers, professional kickboxers,
professional martial artists, professional mixed martial
artists, sports entertainment wrestlers, managers, seconds,
announcers, referees, trainers, booking agents, event
coordinators and timekeepers shall be licensed by the
[commission] department.
B. No person shall be permitted to participate
either directly or indirectly in any professional contest
unless the person has first procured a license from the
[commission.
C. Any person violating the provisions of this
section is guilty of a petty misdemeanor ] department."
SECTION 7. 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 ]
department may issue licenses without fees to physicians,
authorizing them to [officiate ] monitor and evaluate
participants and confer with the referee when necessary at
professional contests."
SECTION 8. Section 60-2A-12 NMSA 1978 (being Laws 1980,
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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:
(1) promoters . . . . . . . . . . . . $500.00
(2) foreign co-promoters . . . . . . . 750.00
(3) referees . . . . . . . . . . . . . . 75.00
(4) timekeepers and announcers . . . . . 75.00
(5) seconds and trainers . . . . . . . . 75.00
(6) managers . . . . . . . . . . . . . . 75.00
(7) professional boxers . . . . . . . . 75.00
(8) professional kickboxers . . . . . . 75.00
(9) booking agents . . . . . . . . . . . 75.00
(10) matchmakers . . . . . . . . . . . . 75.00
(11) judges . . . . . . . . . . . . . . 75.00
(12) professional mixed martial artists 75.00
(13) amateur mixed martial artists . . . 75.00
(14) professional martial artists . . . 75.00
(15) sports entertainment wrestlers . . 75.00
(16) event coordinators . . . . . . . 75.00 .
Every license shall expire at midnight on December 31 of
the year in which the license is issued.
B. An unarmed combatant may hold a professional
license in one [commission ] licensing category while
maintaining amateur status in other unarmed combat
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disciplines."
SECTION 9. 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 ]
department shall not issue [any ] a license for a professional
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 ] department finds
that the promoter is not the real party in interest."
SECTION 10. Section 60-2A-14 NMSA 1978 (being Laws 1980,
Chapter 90, Section 14, as amended) is amended to read:
"60-2A-14. SUSPENSION--REVOCATION OF LICENSES.--
A. The commission may suspend or revoke [any ] a
license when in its judgment the licensee:
(1) participated in [any ] a sham or fake
professional contest;
(2) is guilty of a failure to give [his ] the
licensee's best efforts in a professional contest;
(3) is guilty of [any ] a foul or
unsportsmanlike conduct in connection with a professional
contest; or
(4) is guilty of participating in an event
while under the influence of illegal drugs.
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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 the report to the licensee."
SECTION 11. Section 60-2A-15 NMSA 1978 (being Laws 1980,
Chapter 90, Section 15) is amended to read:
"60-2A-15. SUBPOENA POWER.--The commission, on a vote of
the majority of the members [thereof ], may issue subpoenas in
connection with any investigation or hearing, requiring the
attendance and testimony of any person or the production of
books and papers of any licensee or other person whom the
commission believes to have information, books or papers of
importance to the investigation or hearing."
SECTION 12. Section 60-2A-19 NMSA 1978 (being Laws 1980,
Chapter 90, Section 19, as amended) is amended to read:
"60-2A-19. WITHHOLDING OF PURSE.--
A. The commission or its [executive secretary ]
chair may order a promoter to withhold a part of a purse or
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other funds belonging or payable to a contestant, manager or
second if, in the judgment of the commission or [the executive
secretary] chair, the contestant is not competing honestly or
to the best of the contestant's skill and ability or if the
manager or second has violated any of the provisions of the
Professional Athletic Competition Act or a rule promulgated
[under] pursuant to that act.
B. This section does not apply to any sports
entertainment wrestler who appears not to be competing honestly
or to the best of the wrestler's skill and ability.
C. Upon the withholding of 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 the contestant, manager or second is not
entitled to a part of a share of the purse or other funds, the
promoter shall turn that money over to the commission, and it
shall become forfeit to the state and be disposed of as are
fees."
SECTION 13. 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 CONTESTS.--
A. [The executive secretary or ] A member of the
commission shall be present at all weigh-ins [medical
examinations] and professional contests and shall see that the
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provisions of the Professional Athletic Competition Act and the
rules made pursuant [thereto ] to that act are strictly
enforced.
B. Every [participant ] contestant in a professional
boxing contest shall be present and weighed in no later than
twelve o'clock noon on the day of the professional contest.
C. The commissioners present at a fight shall have
no authority during the event and shall not enter the technical
zone."
SECTION 14. Section 60-2A-21 NMSA 1978 (being Laws 1980,
Chapter 90, Section 21, as amended) is amended to read:
"60-2A-21. LENGTH OF PROFESSIONAL CONTESTS--ROUNDS.--No
professional boxing contest shall be more than [fifteen ] twelve
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 kickboxing, professional martial arts,
professional mixed martial arts and sports entertainment
wrestling contests, the duration of rounds and the period of
rest between rounds."
SECTION 15. 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
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any] license fees or other fees authorized pursuant to the
Professional Athletic 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 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 16. Section 60-2A-29 NMSA 1978 (being Laws 1980,
Chapter 90, Section 29) is amended to read:
"60-2A-29. PENALTY.--[Any ] A person [violating] who
violates the provisions of the Professional Athletic
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 17. Section 60-2A-31 NMSA 1978 (being Laws 1981,
Chapter 327, Section 1) is amended to read:
"60-2A-31. BOXING HEADGEAR REQUIRED WHEN UNDER FIFTEEN
YEARS OF AGE [PENALTY ].--[A.] It is unlawful for any person to
permit, promote or sponsor any person under the age of fifteen
years to train as a boxer, engage in boxing matches or compete
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in school boxing exhibitions or events without wearing
protective headgear.
[B. Any person violating the provisions of
Subsection A of this section is guilty of a petty
misdemeanor.]"
SECTION 18. Section 60-2A-32 NMSA 1978 (being Laws 1983,
Chapter 146, Section 1) is amended to read:
"60-2A-32. PROTECTIVE HEADGEAR REQUIRED IN ALL AMATEUR
BOXING.--
A. It is unlawful for any person to permit, sponsor
or promote any amateur to train as a boxer, engage in boxing
matches or compete in boxing events without wearing protective
headgear meeting the standards approved under the official
rules of the USA [amateur ] boxing [federation] incorporated.
B. [Any] A person [violating] who violates the
provisions of Subsection A of this section is guilty of a
misdemeanor."
SECTION 19. Section 60-2A-34 NMSA 1978 (being Laws 2017,
Chapter 52, Section 1) is amended to read:
"60-2A-34. UNLICENSED ACTIVITY--DISCIPLINARY
PROCEEDINGS--CIVIL PENALTY.--A person who is not licensed to
engage in a professional athletic competition activity
regulated by the [board ] commission is subject to disciplinary
proceedings by the [board ] commission as provided in the
Uniform Licensing Act. The provisions of Section 61-1-3.2 NMSA
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1978 notwithstanding, the [board ] commission may impose a civil
penalty in an amount not to exceed two thousand dollars
($2,000) against a person who engages in a professional
athletic competition activity regulated by the [board ]
commission without a license. In addition, the [board ]
commission may assess the person for administrative costs,
including investigative costs and the cost of conducting a
hearing."
SECTION 20. Section 60-2A-36 NMSA 1978 (being Laws 2024,
Chapter 30, Section 10) is amended to read:
"60-2A-36. PROFESSIONAL BOXING STATE CHAMPIONS AND
RANKED CONTENDERS.--
A. The commission shall declare a state champion
professional boxer in each weight class.
B. At least two times per year, the commission
shall publish a list of professional boxing top ten ranked
contenders in each weight class.
C. The professional boxing state champion shall
defend the championship title within six months of winning the
title and every six months thereafter against a challenger in
the champion's own weight class. If the champion does not
defend the title or cannot defend the title for physical
reasons that are permanent, the commission shall forfeit the
championship and declare the title vacant. In the case of a
champion not defending a title within six months due to illness
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or injury that is not permanent, the champion shall submit to
the commission a physician's report describing the illness or
injury and an estimated time when the champion will be able to
defend the championship title. It [will ] shall be at the
discretion of the commission, after considering the physician's
report, whether a stay of the six-month title defense
requirement [will] shall be permitted."
SECTION 21. APPROPRIATION.--Two hundred thousand dollars
($200,000) is appropriated from the general fund to the
regulation and licensing department for expenditure in fiscal
year 2026 to fund two full-time employees to administer the
Professional Athletic Competition Act. Any unexpended or
unencumbered balance remaining at the end of fiscal year 2026
shall revert to the general fund.
SECTION 22. REPEAL.--Sections 60-2A-7, 60-2A-23 and
60-2A-25 through 60-2A-28 NMSA 1978 (being Laws 1980, Chapter
90, Sections 7, 23 and 25 through 28, as amended) are repealed.
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