Boxing commissioner.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0022

SENATE FILE
NO.
SF0142

Boxing commission
er
.

Sponsored by:
Senator(s) Esquibel, F. and Representative(s) Zwonitzer, Dn.

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;
providing an appropriation
;

and providing for an effective date.

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

Section

1.

W
.S.

33
‑
8
‑
121 through 33
‑
8
‑
137 are created to read:

ARTICLE 1
BOXING REGULATION

33
‑
8
‑
121.

State boxing commissioner; office created; appointment; term
;
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 shall be two (2) years subject to reappointment.

(b)

The commissioner shall adopt a seal and shall make rules for the administration of his office not inconsistent with this
article
.

(c)

As used in this
article
:

(i)

"
A
mateur boxing match
"
means an
y
match
,
exhibition
, contest or
tournament
where no prize or purse is offered

to the
contestants
, other than a smal
l token such as a medal, trophy
or item of clothing
;

(
ii)

"Boxing
" means boxing
, sparring
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
;

(iii)

"Boxing match" includes amateur and professional boxing matches
;

(i
v
)

"Commissioner" means the state boxing commissioner;

(v
)

"
Professional boxing
match
" means

any match,
exhibition
,
contest

or
tou
r
nament
where the contestants receive or compete for any

form of purse, whether as a prize for winning the
match
at hand or held out as

the potential prize for winni
ng
a
later
match
.

33
‑
8
‑
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 have
the
power to administer oaths
and issue subpoenas
in all matters pertaining to the administration of the commissioner's duties. 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
‑
8
‑
123.

State boxing commissioner; per diem; mileage.

The commissioner shall receive as compensation the salary, per diem and mileage allowance as allowed to state legislators
for each day or portion thereof in which the commissioner is engaged in the performance of his duties
, 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
as commissioner
shall not be reimbursed except for any necessary expenses incurred or paid subject to the submission of appropriate receipts.

33
‑
8
‑
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 shall contain a statement of persons, clubs, organizations or corporations
issued licenses
, 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
‑
8
‑
125.

Jurisdiction over boxing matches and licenses; power of municipalities.

The commissioner shall have sole direction, management, control of, and jurisdiction over, all boxing
matches
to be conducted, held or given within the state
. N
o boxing
match
shall be conducted, held or given within the state except pursuant to
a license grant
ed by the commissioner and in accordance with the provisions of this
article
and the rules and regulations of the commissioner.

Every license shall be subject to such rules as the commissioner may prescribe.
The commissioner may, at his discretion, issue and for cause revoke, deny or suspend a license to conduct, hold or give
a
boxing
match
. The commissioner shall have full power and authority to limit the number of
b
oxing
matches
to be held or given by any person, club, organization or corporation in any city in this state where boxing
matches
are conducted in the manner provided in this
article
.
N
o provision of this
article

shall prevent any incorporated city or town from prohibiting or regulating by ordinance any
boxing match.

33
‑
8
‑
126.

License application; fee and bond.

A
pplication for a license
to conduct
boxing
match
es

shall be in writing,
s
hall be addressed to the commissioner, and shall be verified by the individual
promoter
or by
an
officer of the club, organization or corporation on whose behalf the application is made. The application shall be accompanied by a fee as established by the commissioner in accordance with W.S. 33
‑
1
‑
201.

The application shall show that the club
,
organization
or corporation
has been
in existence n
ot less than thirty (30) days.
Before any license is issued under this
article
to any person, club, organization or corporation, the applicant shall file with the state treasurer a bond in an amount established by the commissioner, not to exceed ten thousand dollars ($10,000.00), with good and sufficient surety, conditioned for the faithful performance of the conditions of this
article
.

33
‑
8
‑
127.

Report of person, club,
organization or corporation
; admission fee to be paid.

(a)

Every person, club,
organization or
corporation which exercise
s
any of the privileges conferred by this
article
shall
w
ithin seventy-two (72) hours after the determination of every
match
:

(i)

F
urnish to the commissioner
, or his inspector or deputy,
a written report, verified by
the individual promoter or an
officer
of the club, organization
or corporation
. The report shall
show the number of tickets sold for the
match
,
t
he amount of gross proceeds
from the match
, and other matters as the commissioner may prescribe
; and

(ii)

P
ay
to the commissioner
a fee of five percent (5%) of its total gross receipts from the sale of tickets of admission
and
admission fees to
any
boxing
match
.

33
‑
8
‑
128.

Disposition of fees
.

(a)

M
oney received
by the commissioner under this
article

shall be deposited with t
he state treasurer
and credited
as follows:

(i)

All
of
the
license
and referee certificate
fees and
fifty percent
(
50%
) of the
admission fees
shall be deposited in accordance with W.S. 33
‑
1
‑
202
;

(ii)

Fifty percent
(
50%
) of the admission fees
shall be distributed to the
treasur
er
of the county in which the
match
was held
.

If the
match
is held in a city or town, seventy-five percent (75%)
of the
se
fees shall be distributed by the county
to the treasur
er
of the city or town in which the
match
is held
.

33
‑
8
‑
129.

Matches under rules of amateur athletic union.

Whenever
an
amateur boxing
match is
held under the rules of the amateur athletic union
,
by any
person,
club
,
organization
or corporation
,
and the match is not for pecuniary profit
, the license fee
and bond

provisions of
W.S. 33
‑
8
‑
126,
the reporting and fee provisions of W.S. 33
‑
8
‑
127,
the presence of the commissioner, deputy or inspector
provisions of
W.S. 33
‑
8
‑
130,
a
nd the
physician

examination
provisions of
W.S. 33
‑
8
‑
132
,
shall not
apply
. The match
s
hall, however, be subject to
all other
provisions of
this
article
and
the rules
and regulations
of the commissioner.

33
‑
8
‑
130.

County inspectors.

The commissioner shall
,
with the cooperation of the county commissioners of the several counties
,
appoint official representatives de
signated as inspectors and deputy inspectors
for each county
. E
ach
inspector and deputy
shall receive from the commissioner a card

authorizing him
t
o 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
matches conducted for pecuniary profit and see that the rules
and regulations of the commissioner
are strictly observed. An inspector
or deputy
shall also be present at the counting of the gross receipts and shall immediately mail to the commissioner the
written report
received by the inspector
or deputy
from the individual promoter or officer of the club, organization or corporation
showing the number o
f
tickets sold, the gross amount of proceeds and other matters as the commissioner may prescribe
.

The commissioner may establish compensation for, and pay, any inspectors or deputies appointed under this section from fees
deposited in accordance with W.S. 33
‑
1
‑
202 pursuant to
this
article
.

33
‑
8
‑
131.

Rules for conduct of matches.

(a)

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

(b)

No betting or wagering at any boxing
match
shall be permitted by any person directly associated with the boxing
match
, including the contestants, spectators and members of the club or organization, before, after or during any
match
, in or around the premises where the
match
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
match
is held
, or to authorize betting or wagering otherwise prohibited by law
.

33
‑
8
‑
132.

Examination by physician.

Each contestant shall be examined not more than twelve (12) hours prior to
a boxing match
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
match
.
The physician's compensation shall be provided by the
individual promoter or
entity unless otherwise agreed.

33
‑
8
‑
133.

Referees.

No person shall act as a referee
to a boxing

match
without a certificate granted by the c
ommissioner.
The commissioner is authorized to grant
certificates
to competent referees upon the application and the payment of an annual fee as established by the commissioner in accordance with W.S. 33-1-201 and the commissioner may revoke any
certificate
granted to any referee for cause as the commissioner may deem sufficient.

33
‑
8
‑
134.

Penalty for
contestants violating rules of commissioner
.

(a)

In addition to any penalty imposed under W.S. 33
‑
8
‑
137, a
ny contestant who shall be found to be in violation of 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 particip
ating in any boxing
match to be held or given by any
person,
club
, organization
or corporation
l
icensed to give or hold any boxing match 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 disqualified from further admission or participation in any boxing
match
, held or given by any person, club,
organization or
corporation
l
icensed
under this
article
.

33
‑
8
‑
135.

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

Whenever any person, club,
organization or
corporation fails to make a report of any
match
at the time prescribed by this
article
, 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,
organization or
corporation
,
and examine under oath its officers and other persons as witnesses for the purpose of determining the total amount of its gross receipts for any
match
and the amount of
monies
due pursuant
to the provisions of
this
article
. The commissioner shall determine the
amount due
based upon the results of the examination. Should the person, club,
organization or
corporation
f
ail to pay any
monies
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,
organization or
corporation shall forfeit its license and shall be disqualified from receiving any new license or any renewal of its license.

In addition, the person, club,
organization or
corporation shall forfeit to the state of
Wyoming
the bond required to be filed by W.S. 33
‑
8
‑
126, which may be recovered by the attorney general in the name of the state of
Wyoming
.

Appeals of a disqualification under this section may be made as provided in the Wyoming Administrative Procedure Act.

33
‑
8
‑
136.

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
article
.

33
‑
8
‑
137.

Penalty.

Any person who violates any of the provisions of this
article
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
by
this act for the fiscal period beginning July 1, 20
11
and ending June 30, 20
12
for purposes of this act.

Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on
June 30, 2012.
This appropriati
on shall not be included in the boxing commissioner's 2
01
3
-201
4
standard biennial budget request.

Section 3.

This act is effective July 1, 20
11
.

(END)

1
SF0142