Wyoming boxing commission.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0227

HOUSE BILL
NO.
HB0221

Wyoming boxing commission.

Sponsored by:
Representative(s) Esquibel, Illoway, Latta, Lockhart, Morgan, Thompson and Walsh and Senator(s) Decaria, Geis and Vasey

A BILL

for

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

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

Section 1.

W.S. 33
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8
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121 through 33
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8
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140 are created to read:

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121.

State boxing commissioner; office created; appointment; term, office, rules and regulations; definitions.

(a)

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

(b)

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

(c)

The commissioner shall adopt a seal and shall make rules for the administration of his office not inconsistent with this act, and may from time to time amend or repeal rules.

(d)

As used in this act:

(i)

"Commissioner" means the state boxing commissioner appointed pursuant to this section;

(ii)

"This act" means W.S. 33
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8
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121 through 33
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140.

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122.

State boxing commissioner; powers and duties; subpoenas; oaths.

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

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123.

State boxing commissioner; per diem; mileage.

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

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124.

State boxing commissioner; report to legislature.

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

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125.

Jurisdiction over boxing matches and licenses; power of municipalities.

The commissioner shall have, and is hereby vested with the sole direction, management, control of, and jurisdiction over, all boxing and sparring matches and exhibitions to be conducted, held or given within the state by any club, corporation or association and no boxing or sparring exhibitions shall be conducted, held or given within the state except pursuant to authority granted by the commissioner and in accordance with the provisions of this act and the rules and regulations of the commissioner. The commissioner may, at his discretion, issue and for cause revoke a license to conduct, hold or give boxing or sparring matches and exhibitions to any incorporated club or association formed as hereinafter provided. The commissioner shall have full power and authority to limit the number of sparring or boxing exhibitions to be held or given by any club, organization or corporation in any city in this state where boxing contests are conducted in the manner herein provided. No boxing or sparring exhibitions shall be conducted by any club, organization or corporation in the state except by a license from the state boxing commissioner. Every license shall be subject to such rules as the commissioner may prescribe. It shall be lawful for any incorporated athletic club organized under the laws of the state of Wyoming, and which has been in existence for a period of not less than thirty (30) days, to arrange and provide for sparring and boxing exhibitions or contests in compliance with the provisions of this act. No provision of this act shall prevent any incorporated city or town from prohibiting or regulating by ordinance any sparring or boxing exhibition. Except as provided in W.S. 33
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8
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129 no sparring or boxing contest shall be held or permitted outside of the limits of an incorporated city or town. Sparring and boxing contests may be held in unincorporated towns of two thousand (2,000) inhabitants or over.

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126.

Licenses required; application; fee and bond.

No boxing or sparring exhibition shall be conducted by any club or organization except by license issued to the club or organization by the state boxing commissioner of Wyoming. The application for a license shall be in writing, and shall be addressed to the commissioner, and shall be verified by some officer of the club, organization or corporation on whose behalf the application is made. The application shall be accompanied by a fee of ten dollars ($10.00) for each boxing or sparring exhibition. The application shall show that the club or organization has been incorporated not less than thirty (30) days and that the club has been organized under the laws of the state of Wyoming. Before any permit or license is issued under this act to any club, organization or corporation, the applicant shall file a bond of two thousand dollars ($2,000.00) with good and sufficient surety, with the state treasurer, conditioned for the faithful performance of the conditions of this act.

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127.

Report of club, corporation or association; admission tax to be paid.

Every club, corporation or association which may hold or exercise any of the privileges conferred by this act shall, within twenty-four (24) hours after the determination of every contest, furnish to the commissioner a written report, duly verified by one (1) of its officers, showing the number of tickets sold for the contest, and the amount of gross proceeds thereof, and other matters as the commissioner may prescribe and shall also within the time prescribed by this section, pay a tax of five percent (5%) of its total gross receipts from the sale of tickets of admission, or admission fees to boxing or sparring matches or exhibitions.

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128.

Disposition of fees and taxes.

(a)

All money shall be received and collected as provided by this act and credited by the state treasurer as follows:

(i)

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

(ii)

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

(iii)

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

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129.

Matches under rules of amateur athletic union.

(a)

Whenever amateur boxing and sparring matches are held under the rules of the amateur athletic union, by any club or organization, the license fee required under this act or the presence of commissioner or deputy shall not be required. The matches and exhibitions shall, however, be subject to the provisions of W.S. 33
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132 and the rules of the commissioner, provided:

(i)

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

(ii)

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

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130.

County inspectors.

The commissioner shall by and with the cooperation of the county commissioners of the several counties appoint official representatives designated as inspectors or deputies for each county, each of whom shall receive from the commissioner a card, authorizing him in person or by deputy to act as an inspector wherever the commissioner may designate him to act. The commissioner may, and at least one (1) inspector or deputy shall, be present at all exhibitions and matches conducted for pecuniary profit and see that the rules are strictly observed, and an inspector shall also be present at the counting up of the gross receipts, and shall immediately mail to the commissioner the official box office statement received by him from the officers of the club.

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131.

Sunday matches prohibited.

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

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132.

Rules for conduct of matches.

(a)

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

(b)

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

(c)

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

(d)

No betting or wagering at any boxing or sparring contest shall be permitted by any person or persons directly associated with the boxing or sparring contest, including the contestants, spectators and members of the club or organization, before, after or during any such contest, in or around the premises where such contest is held. Nothing in this subsection shall be construed to prohibit betting or wagering as may be allowed by law away from the premises where such contest is held.

(e)

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

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133.

Age limit for spectators.

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

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134.

Examination by physician.

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

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135.

Referees.

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

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136.

Holding fake matches.

Any club, corporation or organization which conducts, holds or participates in any sham or fake boxing or sparring match, shall forfeit its license in accordance with the provisions of this section. The commissioner shall cancel and declare the license void and shall deny any future license application under the provisions of this act to the club, corporation, organization or its successor.

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137.

Penalty for taking part in fake match.

(a)

Any contestant who shall participate in any sham or fake boxing or sparring match or violate any rule or regulation of the commissioner shall be penalized in the following manner:

(i)

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

(ii)

For a second offense he shall be totally disqualified from further admission or participation in any boxing contest, held or given by any club, corporation or association, duly licensed for such purpose in this state.

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138.

Failure to make reports; unsatisfactory reports; examination of records, officers.

Whenever any club, corporation or association shall fail to make a report of any contest at the time prescribed by this act, or whenever the report is unsatisfactory to the commissioner, the commissioner may examine or cause to be examined, the books and records of the club, corporation or association, and subpoena and examine under oath its officers and other person or persons for witnesses for the purpose of determining the total amount of its gross receipts for any contest and the amount of taxes due pursuant to the provisions of this act, which tax he may, upon and as a result of such examination, fix and determine. Should the club, corporation or association fail to pay any taxes determined to be due, together with the expenses incurred in making the examination, for a period of twenty (20) days after notice of the amount due by the commissioner, the club, corporation or association shall forfeit its license and shall be thereby disqualified from receiving any new license, or any renewal of its license. In addition, the club, corporation or association shall forfeit to the people of the state of Wyoming the bond of two thousand dollars ($2,000.00) required to be filed by W.S. 33-8-126, which may be recovered by the attorney general in the name of the people of the state of Wyoming in the same manner as other penalties are by law recovered.

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139.

Weights and classes.

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

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140.

Penalty.

Any person who violates any of the provisions of this act for which a penalty is not herein expressly prescribed shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not to exceed seven hundred fifty dollars ($750.00) or imprisoned in the county jail for a period not to exceed six (6) months, or be subject to both fine and imprisonment.

Section 2.

This act is effective July 1, 2005.

(END)

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HB0221