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Text: HF00588 Text: HF00590 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 589
1 2
1 3 AN ACT
1 4 RELATING TO PROFESSIONAL BOXING AND WRESTLING MATCHES,
1 5 PROVIDING FOR PROPERLY RELATED MATTERS, AND PROVIDING
1 6 FOR A TAX AND FOR PENALTIES.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 90A.1, Code 1997, is amended by
1 11 striking the section and inserting in lieu thereof the
1 12 following:
1 13 90A.1 DEFINITIONS.
1 14 As used in this chapter, unless the context otherwise
1 15 requires:
1 16 1. "Boxer registry" means an entity certified by the
1 17 association of boxing commissions for the purpose of
1 18 maintaining records and identification of boxers.
1 19 2. "Commissioner" means the state commissioner of
1 20 athletics, who is also the labor commissioner appointed
1 21 pursuant to section 91.2.
1 22 3. "Official" means a person who is employed as a referee,
1 23 judge, timekeeper, or match physician for a boxing or
1 24 wrestling match event.
1 25 4. "Participant" means a person involved in the boxing or
1 26 wrestling match event and includes contestants, seconds,
1 27 managers, and similar event personnel.
1 28 5. "Professional boxing or wrestling match" means a boxing
1 29 or wrestling contest or exhibition open to the public in this
1 30 state for which the contestants are paid or awarded a prize
1 31 for their participation.
1 32 6. "Promoter" means a person or business that does at
1 33 least one of the following:
1 34 a. Organizes, holds, advertises, or otherwise conducts a
1 35 professional boxing or wrestling match.
2 1 b. Charges admission for the viewing of a professional
2 2 boxing or wrestling match received through a closed-circuit,
2 3 pay-per-view, or similarly distributed signal.
2 4 Sec. 2. Section 90A.2, Code 1997, is amended by striking
2 5 the section and inserting in lieu thereof the following:
2 6 90A.2 LICENSE.
2 7 1. A person shall not act as a promoter of a professional
2 8 boxing or wrestling match without first obtaining a license
2 9 from the commissioner. This subsection shall not apply to a
2 10 person distributing a closed-circuit, pay-per-view, or
2 11 similarly distributed signal to a person acting as a promoter
2 12 or to a person viewing the signal in a private residence.
2 13 2. The license application shall be in the form prescribed
2 14 by the commissioner and shall contain information that is
2 15 substantially complete and accurate. Any change in the
2 16 information provided in the application shall be reported
2 17 promptly to the commissioner. The application shall be
2 18 submitted no later than seven days prior to the intended date
2 19 of the match.
2 20 3. Each application for a license shall be accompanied by
2 21 a surety or cash bond in the sum of five thousand dollars,
2 22 payable to the state of Iowa, which shall be conditioned upon
2 23 the payment of the tax and any penalties imposed pursuant to
2 24 this chapter.
2 25 Sec. 3. Section 90A.3, Code 1997, is amended by striking
2 26 the section and inserting in lieu thereof the following:
2 27 90A.3 PROFESSIONAL BOXER REGISTRATION.
2 28 1. Each professional boxer residing in Iowa shall register
2 29 with the commissioner. The registration application shall be
2 30 in the form prescribed by the commissioner and shall be
2 31 accompanied by the fee established by rule by the
2 32 commissioner. The information required by the commissioner
2 33 shall include, but is not limited to, the following:
2 34 a. The boxer's name and address.
2 35 b. The boxer's gender.
3 1 c. The boxer's date of birth.
3 2 d. The boxer's social security number or, if a foreign
3 3 boxer, any similar citizen identification number or
3 4 professional boxer number from the country of residence of the
3 5 boxer.
3 6 e. The boxer's personal identification number assigned to
3 7 the boxer by a professional boxing registry certified by the
3 8 association of boxing commissions if the boxer is registered
3 9 with a registry.
3 10 f. Two copies of a recent photograph of the boxer.
3 11 g. An official government issued photo identification
3 12 containing the boxer's photograph and social security number
3 13 or similar foreign identification number.
3 14 2. The commissioner shall issue an identification card to
3 15 a boxer registered pursuant to this chapter. The
3 16 identification card shall contain a recent photograph, the
3 17 boxer's social security number or similar foreign
3 18 identification number, and a personal identification number
3 19 assigned to the boxer by a boxing registry.
3 20 3. A registration issued pursuant to this section shall be
3 21 valid for two years from the date of issue.
3 22 4. This section does not apply to professional wrestlers
3 23 or contestants in boxing elimination tournaments.
3 24 Sec. 4. Section 90A.4, Code 1997, is amended by striking
3 25 the section and inserting in lieu thereof the following:
3 26 90A.4 MATCH PROMOTER RESPONSIBILITY.
3 27 The promoter, as defined in section 90A.1, subsection 6,
3 28 paragraph "a", shall be responsible for the conduct of all
3 29 officials and participants at a professional boxing or
3 30 wrestling match. The commissioner may reprimand, suspend,
3 31 deny, or revoke the participation of any promoter, official,
3 32 or participant for violations of rules adopted by the
3 33 commissioner. Rulings or decisions of a promoter or an
3 34 official are not decisions of the commissioner and are not
3 35 subject to procedures under chapter 17A. The commissioner may
4 1 take action based upon the rulings or decisions of a promoter
4 2 or an official. This section shall not apply to a promoter as
4 3 defined in section 90A.1, subsection 6, paragraph "b".
4 4 Sec. 5. Section 90A.5, Code 1997, is amended by striking
4 5 the section and inserting in lieu thereof the following:
4 6 90A.5 EMERGENCY SUSPENSIONS.
4 7 1. Notwithstanding the procedural requirements of chapter
4 8 17A, the commissioner may orally suspend a license,
4 9 registration, or participation immediately if the commissioner
4 10 determines that any of the following have occurred:
4 11 a. A license or registration was fraudulently or
4 12 deceptively obtained.
4 13 b. The holder of a license or registration fails at any
4 14 time to meet the qualifications for issuance.
4 15 c. A boxer fails to pass a prefight physical examination.
4 16 d. A match promoter permits a nonregistered boxer to
4 17 participate in a professional boxing match.
4 18 e. A match promoter permits a person whose license,
4 19 registration, or authority, issued pursuant to this chapter,
4 20 is under suspension to participate in a boxing event.
4 21 f. A match promoter or professional boxer is under
4 22 suspension by any other state boxing regulatory organization.
4 23 g. A match promoter or professional boxer is under
4 24 suspension in any state.
4 25 h. A match promoter, professional boxer, or participant is
4 26 in violation of rules adopted pursuant to section 90A.7.
4 27 2. A written notice of a suspension issued pursuant to
4 28 this section shall be given to the person suspended within
4 29 seven days of the emergency suspension. The provisions of
4 30 chapter 17A shall apply once the written notice is given.
4 31 Sec. 6. Section 90A.6, Code 1997, is amended by striking
4 32 the section and inserting in lieu thereof the following:
4 33 90A.6 SUSPENSIONS, DENIALS, AND REVOCATIONS.
4 34 1. The commissioner may suspend, deny, revoke, annul, or
4 35 withdraw a license, registration, or authority to participate
5 1 in a professional boxing or wrestling match if any of the
5 2 following occur:
5 3 a. Any of the reasons enumerated in section 90A.5.
5 4 b. Failure to pay fees or penalties due pursuant to
5 5 section 90A.2, 90A.3, or 90A.9.
5 6 2. The provisions of chapter 17A shall apply to actions
5 7 under this section.
5 8 Sec. 7. Section 90A.7, Code 1997, is amended by striking
5 9 the section and inserting in lieu thereof the following:
5 10 90A.7 RULES.
5 11 The commissioner shall adopt rules, pursuant to chapter
5 12 17A, that the commissioner determines are reasonably necessary
5 13 to administer and enforce this chapter.
5 14 The commissioner may adopt the rules of a recognized
5 15 national or world boxing organization that sanctions a boxing
5 16 match in this state to regulate the match if the
5 17 organization's rules provide protection to the boxers
5 18 participating in the match which is equal to or greater than
5 19 the protections provided by this chapter or by rules adopted
5 20 pursuant to this chapter. As used in this paragraph,
5 21 "recognized national or world boxing organization" includes,
5 22 but is not limited to, the international boxing federation,
5 23 the world boxing association, and the world boxing council.
5 24 Sec. 8. Section 90A.8, Code 1997, is amended by striking
5 25 the section and inserting in lieu thereof the following:
5 26 90A.8 REQUIRED CONDITIONS FOR BOXING MATCHES.
5 27 A boxing match shall be not more than fifteen rounds in
5 28 length and the contestants shall wear gloves weighing at least
5 29 eight ounces during such contests. The commissioner may adopt
5 30 rules requiring more stringent procedures for specific types
5 31 of boxing.
5 32 A contestant shall not take part in a boxing match unless
5 33 the contestant has presented a valid registration
5 34 identification card issued pursuant to section 90A.3 to the
5 35 commissioner prior to the weigh-in for the boxing match. The
6 1 contestant shall pass a rigorous physical examination to
6 2 determine the contestant's fitness to engage in any such match
6 3 within twenty-four hours of the start of the match. The
6 4 examination shall be conducted by a licensed practicing
6 5 physician designated or authorized by the commissioner.
6 6 Sec. 9. Section 90A.9, Code 1997, is amended by striking
6 7 the section and inserting in lieu thereof the following:
6 8 90A.9 WRITTEN REPORT FILED TAX DUE PENALTY.
6 9 1. The promoter of a professional boxing or wrestling
6 10 match or event shall, within twenty days after the match or
6 11 event, furnish to the commissioner a written report stating
6 12 the number of tickets sold, the gross amount of admission
6 13 proceeds of the professional boxing or wrestling match, and
6 14 other matters the commissioner may prescribe by rule. The
6 15 value of complimentary tickets in excess of five percent of
6 16 the number of tickets sold shall be included in the gross
6 17 admission receipts. Within twenty days of the match or event,
6 18 the promoter shall pay to the treasurer of state a tax of five
6 19 percent of its total gross admission receipts, after deducting
6 20 state sales tax, from the sale of tickets of admission to the
6 21 professional boxing or wrestling match or event.
6 22 2. If the promoter fails to make a timely report within
6 23 the time prescribed, or if the report is unsatisfactory to the
6 24 commissioner, the commissioner may examine or cause to be
6 25 examined the books and records of the promoter, and subpoena
6 26 and examine under oath witnesses, for the purpose of
6 27 determining the total amount of the gross admission receipts
6 28 for any match and the amount of tax due pursuant to the
6 29 provisions of this chapter. The commissioner may, as the
6 30 result of such examination, fix and determine the tax, and may
6 31 also assess the promoter the reasonable cost of conducting the
6 32 examination. If a promoter defaults in the payment of any tax
6 33 due or the costs incurred in making such examination, the
6 34 promoter shall forfeit to the state the sum of five thousand
6 35 dollars, which may be recovered by the attorney general
7 1 pursuant to the bond required under section 90A.2, subsection
7 2 3.
7 3 Sec. 10. Section 90A.10, Code 1997, is amended by striking
7 4 the section and inserting in lieu thereof the following:
7 5 90A.10 GRANTS.
7 6 1. Moneys collected pursuant to sections 90A.3 and 90A.9
7 7 in excess of the amount of moneys needed to administer this
7 8 chapter are appropriated and shall be used by the commissioner
7 9 to award grants to organizations that promote amateur boxing
7 10 matches in this state.
7 11 2. The commissioner shall adopt rules pursuant to chapter
7 12 17A to establish application procedures and criteria for the
7 13 review and approval of grants awarded pursuant to this
7 14 section.
7 15 3. An advisory committee composed of three members of the
7 16 golden gloves association of America, incorporated Iowa
7 17 branch, who shall be appointed by the association, and three
7 18 members of the United States of America amateur boxing
7 19 federation Iowa branch, who shall be appointed by the
7 20 federation, shall advise the commissioner regarding the
7 21 awarding of grants pursuant to this section.
7 22 Sec. 11. NEW SECTION. 90A.11 LICENSE PENALTY.
7 23 A person who acts as a professional boxing or wrestling
7 24 match promoter, as defined in section 90A.1, without first
7 25 obtaining a license commits a serious misdemeanor. In
7 26 addition to criminal penalties, the promoter shall be liable
7 27 to the state for the taxes and penalties pursuant to section
7 28 90A.9.
7 29 Sec. 12. NEW SECTION. 90A.12 MAXIMUM AGE FOR AMATEUR
7 30 BOXING CONTESTANTS.
7 31 1. A person age thirty-three years or older shall not
7 32 participate as a contestant in an organized amateur boxing
7 33 contest unless each contestant participating in the contest is
7 34 age thirty-three years or older. A birth certificate, or
7 35 similar document validating the contestant's date of birth,
8 1 must be submitted at the time of the prefight physical
8 2 examination in order to determine eligibility.
8 3 2. Subsection 1 does not apply to contestants in regional,
8 4 national, or international organized amateur boxing contests
8 5 or to organized amateur boxing contests involving contestants
8 6 who are serving in the military service.
8 7
8 8
8 9
8 10 RON J. CORBETT
8 11 Speaker of the House
8 12
8 13
8 14
8 15 MARY E. KRAMER
8 16 President of the Senate
8 17
8 18 I hereby certify that this bill originated in the House and
8 19 is known as House File 589, Seventy-seventh General Assembly.
8 20
8 21
8 22
8 23 ELIZABETH ISAACSON
8 24 Chief Clerk of the House
8 25 Approved , 1997
8 26
8 27
8 28
8 29 TERRY E. BRANSTAD
8 30 Governor
Text: HF00588 Text: HF00590 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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