HB0067 - State boxing commissioner.

 

2001

State of Wyoming

01LSO-0075

 

 

 

HOUSE BILL NO.  HB0067

 

 

State boxing commissioner.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to the state boxing commissioner; creating
 2  an office of state boxing commissioner; providing for the
 3  appointment of a state boxing commissioner, inspectors and
 4  deputies; specifying duties; providing procedures for
 5  licensure; providing for distribution of revenues;
 6  providing penalties; granting rulemaking authority; and
 7  providing for an effective date.

 8 

 9  Be It Enacted by the Legislature of the State of Wyoming:

10 

11         Section 1.  W.S. 33-8-121 through 33-8-140 are created
12  to read:

13 

14         33-8-121.  State boxing commissioner; office created;
15  appointment; term, office, rules and regulations;
16  definitions.

17 

 

Page  1

 

 

 

 1         (a)  There is hereby created an office known as "state
 2  boxing commissioner of Wyoming." The governor shall appoint
 3  a person to fill the office. Any officer of the state of
 4  Wyoming shall be eligible to fill the office of the state
 5  boxing commissioner. The term of office of the commissioner
 6  shall be two (2) years.

 7 

 8         (b)  The commissioner shall maintain an office for the
 9  transaction of business in the city of Cheyenne, Wyoming,
10  but he may transact his business under this act at any
11  place within the state of Wyoming when the convenience of
12  the parties so requires.

13 

14         (c)  The commissioner shall adopt a seal and shall
15  make such rules and regulations for the administration of
16  his office not inconsistent with this act, and may from
17  time to time amend or repeal rules and regulations.

18 

19         (d)  As used in this act:

20 

21              (i)  "Commissioner" means the state boxing
22  commissioner appointed pursuant to this section;

23 

 

Page  2

 

 

 

 1              (ii)  "This act" means W.S. 33-8-121 through
 2  33-8-140.

 3 

 4         33-8-122.  State boxing commissioner; powers and
 5  duties; subpoenas, oaths.

 6 

 7  The commissioner shall keep a full and accurate record of
 8  all his acts and doings, and shall preserve at his general
 9  office all his books, documents and papers; shall prepare
10  for service such notices and other papers as may be
11  necessary, and shall issue subpoenas for the attendance of
12  witnesses before him with the same effect as if they were
13  issued in an action in the district court, and shall have
14  power to administer oaths in all matters pertaining to the
15  administration of his affairs as commissioner. Disobedience
16  of such subpoenas and falsely swearing before the
17  commissioner shall be attended by the same consequences and
18  be subject to the same penalties as if such disobedience or
19  false swearing occurred in an action in the district court.

20 

21         33-8-123.  State boxing commissioner; per diem;
22  mileage.

23 

 

Page  3

 

 

 

 1  The commissioner shall receive as compensation the sum of
 2  five dollars ($5.00) for each day or fraction thereof
 3  actually spent in the performance of his duties, together
 4  with per diem and mileage allowance as allowed to state
 5  employees, payments of the same to be made out of the state
 6  boxing commissioner's appropriation. Provided, that if any
 7  state officer is appointed to act as commissioner he shall
 8  not receive the compensation for his services herein
 9  mentioned, but shall be reimbursed for any necessary
10  expenses incurred or paid by him.

11 

12         33-8-124.  State boxing commissioner; report to
13  legislature.

14 

15  The commissioner shall make to the legislature a full
16  report of all proceedings for the two (2) years ending with
17  the preceding first day of December before the beginning of
18  the regular session of the legislature. The report to the
19  legislature shall be completed and shall contain a
20  statement of clubs, organizations or corporations, the
21  number of licenses revoked, the gross receipts from each
22  club, organization or corporation, and other information
23  and comments in relation to the work of the commissioner as
24  public interest may require.

 

Page  4

 

 

 

 1 

 2         33-8-125.  Jurisdiction over boxing matches and
 3  licenses; power of municipalities.

 4 

 5  The commissioner shall have, and is hereby vested with the
 6  sole direction, management, control of, and jurisdiction
 7  over, all boxing and sparring matches and exhibitions to be
 8  conducted, held or given within the state by any club,
 9  corporation or association and no boxing or sparring
10  exhibitions shall be conducted, held or given within the
11  state except pursuant to authority granted by the
12  commissioner and in accordance with the provisions of this
13  act and the rules and regulations of the commissioner. The
14  commissioner may, at his discretion, issue and for cause
15  revoke a license to conduct, hold or give boxing or
16  sparring matches and exhibitions to any incorporated club
17  or association formed as hereinafter provided. The
18  commissioner shall have full power and authority to limit
19  the number of sparring or boxing exhibitions to be held or
20  given by any club, organization or corporation in any city
21  in this state where boxing contests are conducted in the
22  manner herein provided. No boxing or sparring exhibitions
23  shall be conducted by any club, organization or corporation
24  having a license to conduct sparring or boxing exhibitions

 

Page  5

 

 

 

 1  in the state except by a permit from the state boxing
 2  commissioner. Every license shall be subject to such rules
 3  and regulations as the commissioner may prescribe. It shall
 4  be lawful for any incorporated athletic club organized
 5  under the laws of the state of Wyoming, and which has been
 6  in existence for a period of not less than thirty (30)
 7  days, to arrange and provide for sparring and boxing
 8  exhibitions or contests in compliance with the provisions
 9  of this act. No provision of this act shall prevent any
10  incorporated city or town from prohibiting or regulating by
11  ordinance any sparring or boxing exhibition. Except as
12  provided in W.S. 33-8-129 no sparring or boxing contest
13  shall be held or permitted outside of the limits of an
14  incorporated city or town. Sparring and boxing contests may
15  be held in unincorporated towns of two thousand (2,000)
16  inhabitants or over.

17 

18         33-8-126.  Licenses required; application; fee and
19  bond.

20 

21  No boxing or sparring exhibition shall be conducted by any
22  club or organization except by license issued to the club
23  or organization by the state boxing commissioner of
24  Wyoming. The application for a license shall be in writing,

 

Page  6

 

 

 

 1  and shall be addressed to the commissioner, and shall be
 2  verified by some officer of the club, organization or
 3  corporation on whose behalf the application is made. The
 4  application shall be accompanied by a fee of ten dollars
 5  ($10.00) for each boxing or sparring exhibition. The
 6  application shall show that the club or organization has
 7  been incorporated not less than thirty (30) days and that
 8  the club has been organized under the laws of the state of
 9  Wyoming. Before any permit or license is issued under this
10  act to any club, organization or corporation, the applicant
11  shall file a bond of two thousand dollars ($2,000.00) with
12  good and sufficient surety, with the state treasurer,
13  conditioned for the faithful performance of the conditions
14  of this act.

15 

16         33-8-127.  Report of club, corporation or association;
17  admission tax to be paid.

18 

19  Every club, corporation or association which may hold or
20  exercise any of the privileges conferred by this act shall,
21  within twenty-four (24) hours after the determination of
22  every contest, furnish to the commissioner a written
23  report, duly verified by one (1) of its officers, showing
24  the number of tickets sold for the contest, and the amount

 

Page  7

 

 

 

 1  of gross proceeds thereof, and other matters as the
 2  commissioner may prescribe and shall also within the time
 3  prescribed by this section, pay a tax of five percent (5%)
 4  of its total gross receipts from the sale of tickets of
 5  admission, or admission fees to boxing or sparring matches
 6  or exhibitions.

 7 

 8         33-8-128.  Disposition of fees and taxes.

 9 

10         (a)  All money shall be received and collected as
11  provided by this act shall be credited by the state
12  treasurer as follows:

13 

14              (i)  One-half (1/2) of license fees and admission
15  taxes collected to the general fund;

16 

17              (ii)  One-half  (1/2) of license fees to the
18  treasury of the county in which the licensee resides; and

19 

20              (iii)  One-half (1/2) of the admission tax to the
21  treasury of the county in which the exhibition was held.

22 

23         33-8-129.  Matches under rules of amateur athletic
24  union.

 

Page  8

 

 

 

 1 

 2         (a)  Whenever amateur boxing and sparring matches are
 3  held under the rules of the amateur athletic union, by any
 4  club or organization, the license fee required under this
 5  act or the presence of commissioner or deputy shall not be
 6  required. The matches and exhibitions shall, however, be
 7  subject to the provisions of W.S. 33-8-132 and the rules
 8  and regulations of the commissioner, provided:

 9 

10              (i)  Amateur boxing and sparring matches, of not
11  more than six (6) rounds duration shall be permitted
12  outside of incorporated cities and towns;

13 

14              (ii)  The rounds under paragraph (a) of this
15  subsection shall not be permitted to extend for a longer
16  period than two (2) minutes.

17 

18         33-8-130.  County inspectors.

19 

20  The commissioner shall by and with the cooperation of the
21  county commissioners of the several counties appoint
22  official representatives designated as inspectors or
23  deputies for each county, each of whom shall receive from
24  the commissioner a card, authorizing him in person or by

 

Page  9

 

 

 

 1  deputy to act as an inspector wherever the commissioner may
 2  designate him to act. The commissioner may, and at least
 3  one (1) inspector or deputy shall, be present at all
 4  exhibitions and matches conducted for pecuniary profit and
 5  see that the rules are strictly observed, and an inspector
 6  shall also be present at the counting up of the gross
 7  receipts, and shall immediately mail to the commissioner
 8  the official box office statement received by him from the
 9  officers of the club.

10 

11         33-8-131.  Sunday matches prohibited.

12 

13  No boxing or sparring match or exhibition shall be held on
14  Sunday.

15 

16         33-8-132.  Rules for conduct of matches.

17 

18         (a)  No boxing or sparring exhibitions shall be of
19  more than fifteen (15) rounds duration, and no one (1)
20  round of such exhibition shall be permitted to extend for a
21  longer period than three (3) minutes.

22 

23         (b)  There shall be a one (1) minute intermission
24  between rounds.

 

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 1 

 2         (c)  No contestant shall in any such boxing or
 3  sparring exhibition wear, or be permitted to wear, gloves
 4  weighing less than five (5) ounces.

 5 

 6         (d)  No betting or wagering at any boxing or sparring
 7  contest shall be permitted by any club or organization
 8  before, after or during any such contest, in the building
 9  where such contest is held.

10 

11         (e)  In all boxing or sparring contests, contestants
12  shall break clean, and shall not hold and hit. Butting with
13  the head or shoulder, wrestling or illegal use of elbows
14  shall not be allowed. There shall be no unsportsmanlike
15  conduct on the part of the contestants, including the use
16  of abusive or insulting language.

17 

18         33-8-133.  Age limit for spectators.

19 

20  No person under the age of sixteen (16) years shall be
21  admitted to a boxing or sparring exhibition, unless
22  accompanied by his parent, guardian, or other adult
23  relative.

24 

 

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 1         33-8-134.  Examination by physician.

 2 

 3  Each contestant shall be examined not more than twelve (12)
 4  hours prior to entering the ring by a physician who has
 5  been licensed to practice in Wyoming who has been
 6  designated by the commissioner. The physician shall certify
 7  in writing, over his signature, as to the contestant's
 8  physical condition to engage in the contest.

 9 

10         33-8-135.  Referees.

11 

12  The commissioner is authorized to grant licenses to
13  competent referees upon the application and the payment of
14  an annual fee of ten dollars ($10.00), and may revoke any
15  license granted to any referee upon such cause as the
16  commissioner may deem sufficient. The referee shall stop
17  the contest or match when either of the contestants shows a
18  marked superiority or is apparently outclassed or injury is
19  likely to result to either of the contestants.

20 

21         33-8-136.  Holding fake matches.

22 

23  Any club, corporation or organization which conducts, holds
24  or participates in any sham or fake boxing or sparring

 

 

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 1  match, shall forfeit its license in accordance with the
 2  provisions of this section. The commissioner shall cancel
 3  and declare the license void and shall deny any future
 4  license application under the provisions of this act to the
 5  club, corporation, organization or its successor.

 6 

 7         33-8-137.  Penalty for taking part in fake match.

 8 

 9         (a)  Any contestant who shall participate in any sham
10  or fake boxing or sparring match or violate any rule or
11  regulation of the commissioner shall be penalized in the
12  following manner:

13 

14              (i)  For the first offense he shall be restrained
15  by order of the commissioner from participating in any
16  boxing or sparring to be held or given by any club or
17  corporation duly licensed to give or hold any boxing or
18  sparring match or exhibition for a period of not less than
19  three (3) months nor more than one (1) year at the
20  discretion of the commissioner;

21 

22              (ii)  For a second offense he shall be totally
23  disqualified from further admission or participation in any

 

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 1  boxing contest, held or given by any club, corporation or
 2  association, duly licensed for such purpose in this state.

 3 

 4         33-8-138.  Failure to make reports; unsatisfactory
 5  reports; examination of records, officers.

 6 

 7  Whenever any club, corporation or association shall fail to
 8  make a report of any contest at the time prescribed by this
 9  act, or whenever the report is unsatisfactory to the
10  commissioner, the commissioner may examine or cause to be
11  examined, the books and records of the club, corporation or
12  association, and subpoena and examine under oath its
13  officers and other person or persons for witnesses for the
14  purpose of determining the total amount of its gross
15  receipts for any contest and the amount of taxes due
16  pursuant to the provisions of this act, which tax he may,
17  upon and as a result of such examination, fix and
18  determine. In case of a default in the payment of any taxes
19  determined to be due, together with the expenses incurred
20  in making the examination, for a period of twenty (20) days
21  after notice to the delinquent club, corporation or
22  association, of the amount the delinquent club, corporation
23  or association, shall forfeit its license and shall be
24  thereby disqualified from receiving any new license, or any

 

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 1  renewal of its license; and it shall in addition forfeit to
 2  the people of the state of Wyoming the sum of two thousand
 3  dollars ($2,000.00), which may be recovered by the attorney
 4  general in the name of the people of the state of Wyoming,
 5  in the same manner as other penalties are by law recovered.

 6 

 7         33-8-139.  Weights and classes.

 8 

 9  The weights and classes of boxers and the rules and
10  regulations of boxing shall he the same as the weights and
11  classes and rules and regulations adopted by the Army, Navy
12  and Civilian Board of Boxing and Control, Inc., and the
13  International Sporting Club of New York, Inc., except as
14  otherwise herein provided. No contest shall be allowed in
15  which the difference in weight of the respective
16  contestants shall exceed eighteen (18) pounds, but this
17  provision shall not apply to boxers in the heavy and
18  light-heavy weight classes.

19 

20         33-8-140.  Penalty.

21 

22  Any person who violates any of the provisions of this act
23  for which a penalty is not herein expressly prescribed
24  shall be deemed guilty of a misdemeanor, and upon

 

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 1  conviction shall be fined not to exceed seven hundred fifty
 2  dollars ($750.00) or imprisoned in the county jail for a
 3  period not to exceed six (6) months, or be subject to both
 4  fine and imprisonment.

 5 

 6         Section 2.  This act is effective July 1, 2001.

 7 

 8                         (END)

 

Page 16