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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