Wyoming boxing commissioner.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0407.E1

HOUSE BILL
NO.
HB0231

Wyoming
boxing commissioner.

Sponsored by:
Representative(s) Esquibel, F., Buchanan, Martin, Thompson and Walsh and Senator(s) Vasey

A BILL

for

AN ACT relating to the state boxing commissioner; creating an office of state boxing commissioner;
providing definitions;
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
‑
121 through 33
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8
‑
1
39
are created to read:

33
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8
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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
subject to reappointment
.

(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)

"Boxing and sparring" means boxing, wrestling or any form of competition in which a blow is usually struck which may reasonably be expected to inflict injury, including but not limited to toughman fighting, roughman fighting, bar brawls, ultimate fighting and extreme fighting competitions;

(
i
ii)

"This act" means W.S. 33
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8
‑
121 through 33
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8
‑
1
39
.

33
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8
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122.

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

The commissioner shall keep a full and accurate record of all acts and doings
of the office of commissioner.
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
the office of commissioner
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
the commissioner's duties
. Disobedience of 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.

33
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8
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123.

State boxing commissioner; per diem; mileage.

The commissioner shall receive as compensation
the
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
,
compensation for
the
services herein mentioned shall
not
be reimbursed
except
for any necessary expenses incurred or paid
subject to the submission of appropriate receipts
.

33
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8
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124.

State boxing commissioner; report to legislature.

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

33
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8
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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 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
, deny or suspend
a license to conduct, hold or give boxing or sparring matches and exhibitions to any incorporated club or association formed as provided
in this act
. The commissioner shall have full power and authority to limit the number of sparring or boxing exhibitions to be held or given by any
person,
club, organization or corporation in any city in this state where boxing
or sparring
contests are conducted in the manner provided
in this act
. No boxing or sparring exhibitions shall be conducted by any
person,
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.

33
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8
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126.

Licenses required; application; fee and bond.

No boxing or sparring exhibition shall be conducted by any
person,
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
the individual or 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
person,
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.

33
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8
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127.

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

Every
person,
club, corporation or association which may hold or exercise any of the privileges conferred by this act shall, within
seventy-two
(
72
) 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.

33
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8
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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.

33
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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 the 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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13
1
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.

33
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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
.

A
n inspector shall also be present at the counting of the gross receipts and shall immediately mail to the commissioner the official box office statement received by
the inspector
from the
individual promoter or
officers of the club
, organization or corporation
.

33
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8
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13
1
.

Rules for conduct of matches.

(a)

The commissioner shall promulgate rules and regulations regarding the conduct of matches not inconsistent with this section or the appropriate amateur and professional boxing and sparring rules of the association of boxing commissions and the
U.S.A.
amateur boxing association.

(
b
)

No boxing or sparring exhibitions shall be of more than
twelve
(1
2
) rounds duration, and no one (1) round of such exhibition shall be permitted to extend for a period longer than three (3) minutes.

(
c
)

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

(
d
)

No contestant shall in any boxing or sparring exhibition wear, or be permitted to wear, gloves weighing less than
eight
(
8
) ounces.

(
e
)

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 contest, in or around the premises where
the
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
the
contest is held.

33
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13
2
.

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
one (1) of
his parent
s
,
a
guardian
,
other adult relative
or, in the case of a contestant sixteen (16) years of age, the coach of the contestant
.

33
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13
3
.

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.
The physician's compensation shall be provided by the sponsoring person or entity unless otherwise agreed.

33
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13
4
.

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
for
cause as the commissioner may deem sufficient.

33
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13
5
.

Holding fake matches.

Any
person,
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
person,
club, corporation, organization or its successor.

33
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13
6
.

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
as follows
:

(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
person,
club, corporation or association, duly licensed for
that
purpose in this state.

33
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13
7
.

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

Whenever any
person,
club, corporation or association fail
s
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
person,
club, corporation or association, and subpoena and examine under oath its officers and other person or persons
as
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
.

The commissioner shall
fix and determine
the tax based upon the results of the examination
. Should the
person,
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
person,
club, corporation or association shall forfeit its license and shall be disqualified from receiving any new license or any renewal of its license.
Appeals of a disqualification under this section may be made as provided in the Wyoming Administrative Procedure Act, W.S. 16
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3
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101 through 16
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3
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115.
In addition, the
person,
club, corporation or association shall forfeit to the state of
Wyoming
the bond of two thousand dollars ($2,000.00) required to be filed by W.S. 33
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8
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126, which may be recovered by the attorney general in the name of the state of
Wyoming
in the same manner as other penalties are by law recovered.

33
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13
8
.

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
association of boxing commissions and the
U.S.A.
amateur boxing association,
except as otherwise provided
in this act
.

33
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1
39
.

Penalty.

Any person who violates any of the provisions of this act for which a penalty is not expressly prescribed shall be deemed guilty of a misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than
seven hundred fifty dollars ($750.00)
,
or
both
.

Section 2.
There is appropriated eighty-two thousand dollars ($82,000.00) from the general fund to the office of the boxing commissioner created pursuant to section 1 of this act for the fiscal period beginning July 1, 2007 and ending June 30, 2008 for purposes of this act.

Section
3
.

This act is effective July 1, 2007.

(END)

1
HB0231