HB0246 - Wyoming Professional Boxing Safety Act.
|
2001 |
State of Wyoming |
01LSO-0393 |
HOUSE BILL NO. HB0246
Wyoming Professional Boxing Safety Act.
Sponsored by: Representative(s) Esquibel and Nelson
A BILL
for
1 AN ACT relating to
professions and occupation; providing
2 for
a board of commissioners to regulate boxing and kick
3
boxing; providing for staff; providing for the promulgation
4 of
rules and regulations relating to boxing; providing
5
definitions; providing for enforcement; creating civil and
6
criminal penalties; establishing an account and providing
7 for
disposition of fees and other monies collected by the
8
commission; providing an appropriation and repayment of the
9
appropriation; and providing for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13 Section 1. W.S. 33-8-121 through 33-8-129 are created
14 to read:
15
16 33-8-121. Short title.
17
Page 1
1 This act shall be known
and may be cited as the "Wyoming
2
Professional Boxing Safety Act."
3
4 33-8-122. Legislative declaration.
5
6 (a) The
legislature hereby finds, determines and
7
declares that the federal "Professional Boxing Safety Act
8 of
1996" requires the state of Wyoming to establish a state
9 boxing
commission. Because there is no state boxing
10 commission, any professional boxing match
held in Wyoming
11 must be supervised by another state's boxing
commission,
12 using safety guidelines and procedures
implemented by that
13 state.
14
15 (b) The
legislature further finds and declares that
16 it is in the best interests of the residents
of Wyoming,
17 professional boxing participants and the
future of boxing
18 in Wyoming that the conduct of such sports
be subject to an
19 effective and efficient system of strict
control designed
20 by the legislature. Such system shall, at a
minimum:
21
22 (i) Protect the safety of the participants; and
23
Page 2
1 (ii) Promote the
public trust and confidence in
2 the
conduct of professional boxing.
3
4 (c) To further
public confidence and trust, this act
5 and
rules promulgated pursuant to this act shall regulate
6 all
persons, practices and associations that relate to the
7
operation of live professional boxing events, performances
8 or
contests held in Wyoming.
9
10 33-8-123. Definitions.
11
12 (a) As used in
this act, unless the context otherwise
13 requires:
14
15 (i) "Boxer"
means an individual who participates
16 in a boxing match;
17
18 (ii) "Boxing"
means the art of engaging in
19 fighting techniques using the hands, the
object of which is
20 to win by a decision, knockout or technical
knockout, and
21 includes kickboxing;
22
23 (iii) "Commission"
means the Wyoming state
24 boxing commission created in W.S. 33-8-124;
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1
2 (iv) "Contest"
means a match in which the
3
participants strive earnestly to win;
4
5 (v) "Director"
means the director of the office
6 of
boxing created in W.S. 33-8-126;
7
8 (vi) "Exhibition"
means a match in which the
9
participants display their boxing skills and techniques
10 without striving earnestly to win;
11
12 (vii) "Kickboxing"
means the martial arts
13 fighting techniques using the hands and
feet, the object of
14 which is to win by a decision, knockout or
technical
15 knockout;
16
17 (viii) "Match"
means a professional boxing or
18 contest or exhibition, and includes an
event, engagement,
19 sparring or practice session, show or
program where the
20 public is admitted and there is intended to
be physical
21 contact.
"Match" does not include a training or practice
22 session when no admission is charged;
23
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1 (ix) "Participant"
means a person who engages in
2 a
match as a boxing contestant;
3
4 (x) "Physician"
means an individual licensed to
5
practice medicine pursuant to W.S. 33-26-301;
6
7 (xi) "Professional"
means a participant who has
8
received or competed for a purse or any other thing of
9
value for participating in a match;
10
11 (xii) "This
act" means W.S. 33-8-121 through
12 33-8-129.
13
14 33-8-124. Wyoming state boxing commission; creation.
15
16 (a) There is
hereby created the Wyoming state boxing
17 commission. The commission shall regulate
matches in
18 Wyoming.
19
20 (b)(i) The
commission shall consist of five (5)
21 voting members and two (2) nonvoting
advisory members. All
22 members shall be residents of Wyoming, be of
good character
23 and not have been convicted of any felony or
match-related
24 offense and be appointed as follows:
Page 5
1
2 (A) Three (3)
voting members shall be
3
appointed by the governor. One (1) shall serve for an
4
initial term of three (3) years, one (1) for an initial
5
term of two (2) years and one (1) for an initial term of
6 one
(1) year;
7
8 (B) One (1)
voting member shall be
9
appointed by the president of the senate for an initial
10 term of one (1) year;
11
12 (C) One (1)
voting member shall be
13 appointed by the speaker of the house of
representatives
14 for an initial term of one (1) year;
15
16 (D)(I) Two (2)
nonvoting advisory members
17 who are licensed physicians shall be
appointed, one (1) by
18 the speaker of the house of representatives
and one (1) by
19 the president of the senate. Both nonvoting
members shall
20 be appointed for an initial term of one (1)
year;
21
22 (II) The two (2)
nonvoting advisory
23 members shall advise the commission on
matters concerning
24 the health and physical condition of boxers
and health
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1
issues relating to the conduct of matches. The nonvoting
2
members may prepare and submit to the commission for its
3
consideration and approval any rules that in their judgment
4
will safeguard the physical welfare of the participants
5
engaged in boxing.
6
7 (ii) The terms
for all members except the
8
initial appointees shall be three (3) years;
9
10 (iii) The
commission shall designate by majority
11 vote which member is to serve as chair. Any
member may be
12 removed from office by the person making the
appointment
13 for misfeasance, malfeasance, willful
neglect of duty or
14 other cause, after notice and a public
hearing, unless such
15 notice and hearing have been expressly
waived in writing;
16
17 (iv) Members
shall serve until their successors
18 are appointed and have been qualified. Any vacancy in the
19 membership of the commission shall be filled
in the same
20 manner as the original appointment. A
vacancy in the
21 membership of the commission other than by
expiration of
22 term shall be filled for the remainder of
the unexpired
23 term only.
24
Page 7
1 (c) Meetings of
the commission shall be held at least
2 quarterly
and shall be called by the chair or by any two
3 (2)
voting members of the commission and shall be open to
4 the
public. Any three (3) voting members shall constitute a
5
quorum at any meeting. Action may be taken and motions and
6 resolutions
may be adopted at any meeting at which a quorum
7
exists by the affirmative vote of a majority of the voting
8
members present. Members may participate in a regular or
9
special meeting by, or conduct the meeting through the use
10 of any means of communication by which all
members
11 participating may simultaneously hear one
another at all
12 times during the meeting. A member
participating in a
13 meeting by this means is deemed to be
present in person at
14 the meeting.
15
16 33-8-125. General powers and duties of
the
17 commission.
18
19 (a) In addition
to any other powers specifically
20 granted to the commission in this act, the
commission shall
21 adopt rules as are necessary for the
regulation of the
22 conduct, promotion and performance of live
boxing in this
23 state. The rules shall be consistent with
this act and
24 applicable federal law and shall include:
Page 8
1
2 (i) Requirements
for issuance of licenses and
3
permits for boxers, promoters, judges and referees;
4
5 (ii) Regulation
of ticket sales and the
6
establishment and collection of fees and surcharges;
7
8 (iii) Physical
requirements for participants,
9
including classification by weight and skill;
10
11 (iv) Provisions
for supervision of contests and
12 exhibitions by referees and licensed
physicians;
13
14 (v) Requirements for insurance and bonding;
15
16 (vi) Guidelines
for compensation of participants
17 and licenses;
18
19 (vii) Guidelines
for contracts and financial
20 arrangements;
21
22 (viii) Prohibition
of dishonest, unethical and
23 injurious practices;
24
Page 9
1 (ix) Guidelines for reports of fraud;
2
3 (x) Responsibilities
of participants, including
4
female boxers; and
5
6 (xi) Regulation of facilities.
7
8 (b) No member
shall receive compensation for serving
9 on
the commission; however, a member may be reimbursed for
10 expenses incurred in the performance of his
services.
11
12 (c) The
commission shall enforce this act and shall
13 investigate any allegation of an activity
that may violate
14 this act.
15
16 (d) The
commission shall maintain membership in the
17 association of boxing commissions and shall
send the
18 director or the director's designee to the
association's
19 annual convention.
20
21 (e) The
commission shall maintain a service
22 subscription to the record-keeping data-base
provider
23 approved by the association of boxing
commissions.
24
Page 10
1 33-8-126. Director; appointment;
qualification;
2 powers and duties.
3
4 (a) The
director shall be appointed by the chair of
5 the
commission and shall be under the immediate supervision
6 of
the chair.
7
8 (b) The director shall:
9
10 (i) Be of good
character and not have been
11 convicted of any felony or match-related
offense; and
12
13 (ii) Not be
engaged in any other profession or
14 occupation that could present a conflict of
interest with
15 the duties of director or his office.
16
17 (c) In addition
to the duties imposed upon the
18 director elsewhere in this act, the director
shall:
19
20 (i) Direct and
supervise the administrative and
21 technical activities of the commission and
supervise and
22 administer the operation of matches in
accordance with the
23 provisions of this act and the rules of the
commission;
24
Page 11
1 (ii) Attend
meetings of the commission or
2
appoint a designee to attend in the director's place;
3
4 (iii)(A) Employ and
direct such personnel as may
5 be
necessary to carry out the purposes of this act, but no
6
person shall be employed who has been convicted of a felony
7 or
match-related offense; and
8
9 (B) The
director, with the approval of the
10 commission, may enter into agreements with
any person,
11 department, agency or unit of state
government to secure
12 services that the director deems necessary,
may provide for
13 the payment of the services and may employ
and compensate
14 the consultants and technical assistants as
may be required
15 and as otherwise permitted by law.
16
17 (iv) Confer with
the commission as necessary or
18 desirable, but not less than once each
month, with regard
19 to the operation of the commission;
20
21 (v) Make
available for inspection by the
22 commission or any member of the commission,
upon request,
23 all books, records, files and other
information and
24 documents in the director's office;
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1
2 (vi) Advise the
commission and recommend to the
3
commission rules and other procedures as director deems
4
necessary and advisable to improve the conduct of boxing;
5
6 (vii) With the
concurrence of the commission or
7
pursuant to commission requirements and procedures, enter
8
into contracts for materials, equipment and supplies to be
9
used in the operation of the commission;
10
11 (viii) Annually
prepare and submit to the
12 commission, for its approval, a proposed
budget for the
13 succeeding fiscal year, which budget shall
set forth a
14 complete financial plan for all proposed
expenditures and
15 anticipated revenues of the commission;
16
17 (ix) Take such
action necessary, as may be
18 determined by the commission, to protect the
security and
19 integrity of boxing; and
20
21 (x) Perform any
other lawful acts that the
22 commission may consider necessary or
desirable in order to
23 carry out the purposes and provisions of
this act.
24
Page 13
1 33-8-127. Governmental immunity;
limitations on
2 liability.
3
4 The
commission, any member of the commission, any person on
5 the
staff of the commission, and any technical advisor
6
appointed by the commission shall be provided all
7 protections
of governmental immunity provided to public
8
employees by W.S. 1-39-104, including but not limited to,
9 the
payment of judgments and settlements, the provision of
10 legal defense and the payment of costs
incurred in court
11 actions. These protections shall be provided
to the
12 commission, commission members, staff,
technical advisors
13 and independent contractors hired to perform
or acting as a
14 boxing inspector on behalf of the commission
only with
15 regard to actions brought because of acts or
omissions
16 committed by these persons in the course of
official
17 commission duties.
18
19 33-8-128. Fees; boxing cash account; created.
20
21 (a) The
commission shall establish by rule, and
22 collect nonrefundable license fees,
surcharges and other
23 monies as the commission deems necessary.
These fees and
Page 14
1
surcharges shall not exceed the amount necessary to carry
2 out
the provisions of this act.
3
4 (b) It is the
intent of the legislature that all
5
direct and indirect costs incurred in the implementation of
6
this act be funded by fees and other monies collected by
7 the
commission pursuant to subsection (a) of this section.
8 All
fees collected by the commission shall be transmitted
9 to
the state treasurer, who shall credit the same to the
10 boxing cash account, which account is hereby
created within
11 the earmarked revenue fund. All monies
credited to this
12 fund shall be used for the administration
and enforcement
13 of this act as appropriated by the
legislature. All
14 interest derived from the deposit and
investment of monies
15 in the account shall be credited to the
account. At the end
16 of any fiscal year, all unexpended and
unencumbered monies
17 in the account shall remain therein and
shall not be
18 credited or transferred to the general fund
or any other
19 account.
20
21 33-8-129. Violation.
22
23 (a) The
commission may issue an order against any
24 person who willfully violates this act,
after providing
Page 15
1
prior notice and an opportunity for a hearing pursuant to
2 the
Wyoming Administrative Procedure Act. The commission
3 may
impose a civil penalty in an amount up to five thousand
4
dollars ($5,000.00) for a single violation or twenty-five
5
thousand dollars ($25,000.00) for multiple violations in a
6
proceeding or a series of related proceedings.
7
8 (b) Any person
who engages in a willful violation of
9
this act is guilty of a misdemeanor punishable by a term of
10 imprisonment for not more that one (1) year
or a fine of
11 seven hundred fifty dollars ($750.00) or
both.
12
13 (c) Whenever it
appears to the commission that a
14 person has engaged or is about to engage in
an act or
15 practice that violates this act or a rule or
order issued
16 under this act, the commission may bring an
action in any
17 court of competent jurisdiction to enjoin
the acts or
18 practice and to enforce compliance with this
act or any
19 rule or order.
20
21 (d) The
commission and director may assist local law
22 enforcement agencies in their investigations
of violations
23 of this act and may initiate and carry out
the
Page 16
1
investigations in coordination with local law enforcement
2
agencies.
3
4 (e) Final
commission actions may be judicially
5
reviewed in accordance with the Wyoming rules of appellate
6
procedure.
7
8 Section 2. One hundred thousand dollars ($100,000.00)
9 is
appropriated from the general fund to the boxing
10 commission to fund the office of the
director in order to
11 carry out the provisions of this act.
Notwithstanding W.S.
12 33-8-128, all monies collected by the
commission shall be
13 deposited into the general fund until this
appropriation is
14 repaid.
15
16 Section 3. This act is effective July 1, 2001.
17
18 (END)
Page 17