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House File 589

Partial Bill History

Bill Text

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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