HB0067 - State boxing commissioner.
2001 |
State of Wyoming |
01LSO-0075 |
HOUSE BILL NO. HB0067
State boxing commissioner.
Sponsored by: Representative(s) Esquibel
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.
Page 10
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
Page 11
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
Page 12
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
Page 13
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
Page 14
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
Page 15
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