Substitute House Bill No. 5560
Substitute House Bill No. 5560
PUBLIC ACT NO. 98-117
AN ACT ESTABLISHING THE CONNECTICUT BOXING
PROMOTION COMMISSION AND CONCERNING BOXING
REFEREES AND CERTAIN TECHNICAL REVISIONS TO THE
BOXING STATUTES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 21a-196 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) AS USED IN THIS CHAPTER, AS AMENDED BY
THIS ACT, AND SECTION 12 OF THIS ACT,
"COMMISSIONER" MEANS THE COMMISSIONER OF CONSUMER
PROTECTION.
[(a)] (b) The [Commissioner of Consumer
Protection] COMMISSIONER shall have sole control
of and jurisdiction over all boxing exhibitions
and wrestling bouts held, conducted or given
within the state by any person or persons, club,
corporation or association, except amateur boxing
exhibitions or wrestling bouts held under the
supervision of any school, college or university
having an academic course of study or of the
recognized athletic association connected with
such school, college or university or amateur
boxing exhibitions and wrestling bouts held under
the auspices of any amateur athletic association
that has been determined by the commissioner to be
capable of ensuring the health and safety of the
participants; provided [that] the commissioner may
at any time assume jurisdiction over any amateur
boxing exhibition or wrestling bout if he
determines that the health and safety of the
participants is not being sufficiently
safeguarded. The commissioner may appoint
inspectors who shall, on the order of the
commissioner, represent him at all boxing
exhibitions and wrestling bouts. The commissioner
may appoint a secretary who shall prepare for
service such notices and papers as may be required
and perform such other duties as the commissioner
directs.
[(b)] (c) The commissioner or his authorized
representative may: (1) Issue subpoenas to any
person involved in any matter under investigation
PURSUANT TO THIS CHAPTER, AS AMENDED BY THIS ACT;
(2) subpoena documentary material relating to any
such matter; (3) administer an oath or affirmation
to any person, or (4) conduct hearings in aid of
any SUCH investigation, provided none of the
powers conferred by this chapter, AS AMENDED BY
THIS ACT, shall be used for the purpose of
compelling any natural person to furnish testimony
or evidence which might tend to incriminate him or
subject him to a penalty or forfeiture. If any
person fails or refuses to obey any such subpoena,
the commissioner, after giving notice, may apply
to the superior court for the judicial district of
Hartford-New Britain* which court, after a
hearing, may issue an order requiring such person
to obey such subpoena or any part of such
subpoena. Any disobedience of a final order of any
court under this section shall be punished as
contempt.
[(c)] (d) The commissioner shall [make] ADOPT
such regulations IN ACCORDANCE WITH CHAPTER 54 as
[he] THE COMMISSIONER deems necessary and
desirable for the conduct, supervision and safety
of boxing exhibitions, including the licensing of
the sponsors and the participants of such BOXING
exhibitions, AND FOR THE DEVELOPMENT AND PROMOTION
OF THE SPORT OF BOXING IN THIS STATE, INCLUDING,
BUT NOT LIMITED TO, REGULATIONS TO IMPROVE THE
COMPETITIVENESS OF THE SPORT OF BOXING IN THIS
STATE RELATIVE TO OTHER STATES. Such regulations
shall require fees for the issuance of licenses to
such sponsors and participants as follows: (1) For
referees, a fee of not less than sixty-three
dollars; (2) for matchmakers and assistant
matchmakers, a fee of not less than sixty-three
dollars; (3) for timekeepers, a fee of not less
than thirteen dollars; (4) for professional
boxers, a fee of not less than thirteen dollars;
(5) for amateur boxers, a fee of not less than
three dollars; (6) for managers, a fee of not less
than sixty-three dollars; (7) for trainers, a fee
of not less than thirteen dollars; (8) for
seconds, a fee of not less than thirteen dollars;
(9) for announcers, a fee of not less than
thirteen dollars; and (10) for promoters, a fee of
not less than two hundred fifty dollars.
[(d)] (e) The state, acting by and in the
discretion of the commissioner, may enter into a
contract with any person for the services of such
person acting as an inspector appointed in
accordance with the provisions of this section.
[(e)] (f) The commissioner may disallow the
conduct of any professional wrestling bout if he
determines that the health and safety of the
participants is not being sufficiently
safeguarded.
Sec. 2. Section 21a-197 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this section and sections 21a-196,
AS AMENDED BY SECTION 1 OF THIS ACT, 53-200 and
53-201 "amateur boxing exhibition" means [one] A
BOXING EXHIBITION which is no longer than three
two-minute rounds in which no contestant has
received or is to receive, directly or indirectly,
any money, reward or compensation either from the
expenses of any amateur boxing program or the
expenses of training or for taking part therein.
No person shall appear as a contestant in [such]
AN amateur boxing exhibition unless he wears
protective headgear [,] AND boxing gloves WEIGHING
not less than twelve ounces, AND has not, WITHIN
TWENTY-FOUR HOURS OF SUCH EXHIBITION, appeared as
a contestant [within twenty-four hours or who
prior thereto] IN ANY OTHER AMATEUR BOXING
EXHIBITION. NO PERSON SHALL APPEAR AS A CONTESTANT
IN AN AMATEUR BOXING EXHIBITION IF SUCH PERSON has
received any compensation or reward in any form
for displaying, exercising, or rendering services
of any kind to any athletic organization, or to
any person or persons, as trainer, coach [,] OR
instructor, or [who otherwise] IF SUCH PERSON may
have been employed in any professional capacity by
reason of his athletic skill or knowledge. For the
purpose of this section, a prize such as a medal,
trophy, watch, ring or other jewelry, or articles
of wearing apparel may be awarded to any
contestant and shall not be considered money,
reward or compensation. Any contestant may be
reimbursed with money for such reasonable expenses
as may be incurred by him in traveling to and from
such amateur boxing exhibition, subject to the
approval of the [Commissioner of Consumer
Protection] COMMISSIONER. The commissioner shall
adopt regulations, in accordance with chapter 54,
concerning the age of the participants in amateur
boxing exhibitions.
Sec. 3. Section 21a-198 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The [Commissioner of Consumer Protection]
COMMISSIONER may, in his discretion, issue [and,
at his pleasure, revoke any] A license to conduct,
hold or give any boxing exhibition to any person,
persons, club, corporation or association. Before
any such license is granted, the applicant shall
execute and file with the commissioner a bond in
such amount and form and with such surety as is
determined by the commissioner, which bond shall
be conditioned for the payment of the tax imposed
by section 21a-199, AS AMENDED BY SECTION 4 OF
THIS ACT. Upon the filing and approval of such
bond, the commissioner shall issue to such
applicant a certificate of such filing and
approval. [, which shall be filed in the office of
the commissioner with the application for such
license, and no such] NO license shall be issued
UNDER THIS SECTION until such [certificate] BOND
is filed.
(b) THE COMMISSIONER MAY, IN HIS DISCRETION,
REVOKE ANY LICENSE TO CONDUCT, HOLD OR GIVE ANY
BOXING EXHIBITION ISSUED UNDER THIS SECTION FOR
CAUSE AS PROVIDED IN THIS CHAPTER, AS AMENDED BY
THIS ACT, OR IN ANY REGULATION ADOPTED UNDER THIS
CHAPTER, AS AMENDED BY THIS ACT, IN ACCORDANCE
WITH CHAPTER 54.
Sec. 4. Section 21a-199 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person or combination of persons who, and
any club, corporation or association which, holds
or promotes any boxing exhibition or wrestling
match or exercises any of the privileges conferred
by this chapter, AS AMENDED BY THIS ACT, or the
regulations adopted [hereunder] UNDER THIS
CHAPTER, AS AMENDED BY THIS ACT, shall, within
twenty-four hours after the determination of each
boxing exhibition or wrestling match: [, furnish
to the Commissioner of Consumer Protection] (1)
FURNISH TO THE COMMISSIONER a written report
verified by such person or combination of persons
or by the treasurer and secretary of such club,
corporation or association, which report shall
include a statement of the number of tickets sold
for such exhibition or match, the amount of gross
receipts [thereof] FOR SUCH EXHIBITION OR MATCH
and such other [facts] INFORMATION as the
commissioner prescribes; [, and shall also, within
said time,] AND (2) pay to the commissioner a tax
of five per cent of the total receipts after
federal taxes have been deducted from the paid
admissions to such boxing exhibition or wrestling
match, which tax shall be paid into the State
Treasury.
Sec. 5. Section 21a-200 of the general
statutes is repealed and the following is
substituted in lieu thereof:
If any [such] person or combination of
persons, club, corporation or association fails to
make [such] A report of any contest AS REQUIRED BY
SECTION 21a-199, AS AMENDED BY SECTION 4 OF THIS
ACT, within the time prescribed by [this chapter]
SECTION 21a-199, AS AMENDED BY SECTION 4 OF THIS
ACT, or if any such report fails to include
sufficient information, the [Commissioner of
Consumer Protection] COMMISSIONER may examine, or
cause to be examined, the books and records of any
such person or combination of persons, club,
corporation or association and subpoena and
examine under oath such person or officers of such
club, corporation or association and other persons
for the purpose of determining the total amount of
such gross receipts and the amount of tax due
pursuant to the provisions of [this chapter]
SECTION 21a-199, AS AMENDED BY SECTION 4 OF THIS
ACT, which tax he may thereupon fix and determine.
In case of default in the payment of any tax
ascertained BY THE COMMISSIONER to be due [, with]
AND the expenses incurred in making such
examination, for a period of twenty days after
notice to such delinquent person or combination of
persons, club, corporation or association, such
delinquent shall forfeit the license issued under
[this chapter] SECTION 21a-198, AS AMENDED BY
SECTION 3 OF THIS ACT, and shall be disqualified
from receiving any new license [and] UNDER SECTION
21a-198, AS AMENDED BY SECTION 3 OF THIS ACT. SUCH
DELINQUENT shall also forfeit to the state the sum
of five hundred dollars.
Sec. 6. Section 21a-201 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person who, and the officers of any club,
corporation or association which, sells or causes
to be sold any ticket of admission for any BOXING
exhibition or WRESTLING bout in excess of the
seating capacity of the room, hall, place,
building or structure used for such BOXING
exhibition or WRESTLING bout, shall, for the first
offense, be fined not more than two hundred
dollars, which shall be paid to the state. [; for]
FOR a subsequent offense, the club, corporation,
association or person or persons shall forfeit
its, his or their license ISSUED UNDER SECTION
21a-198, AS AMENDED BY SECTION 3 OF THIS ACT,
shall be disqualified from receiving any NEW
license [thereafter] ISSUED UNDER SECTION 21a-198,
AS AMENDED BY SECTION 3 OF THIS ACT, and shall
forfeit to the state the sum of five hundred
dollars. [, and the] THE officers of any such
club, corporation or association, for such
subsequent offense, shall be fined not more than
two hundred dollars.
Sec. 7. Section 21a-202 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The price of admission and of the seats to any
BOXING exhibition conducted under the provisions
of this chapter, AS AMENDED BY THIS ACT, shall be
published in a newspaper published and circulated
in the town, city or borough where such BOXING
exhibition is to be conducted, if any newspaper is
published in such town, city or borough, but, if
no newspaper is published in such town, city or
borough, such publication shall be made in a
newspaper having a substantial circulation in such
town, city or borough. [, and] ANY such
publication shall be made in at least three
separate editions of such paper and in a space not
less than two INCHES by three inches in size.
Sec. 8. Section 21a-203 of the general
statutes is repealed and the following is
substituted in lieu thereof:
No boxing exhibition shall consist of more
than fifteen rounds and each round shall be no
longer than three MINUTES nor less than two
minutes in duration. In all exhibitions, if a
contestant who has been knocked down arises before
the count of ten seconds, the referee shall
complete a count of eight seconds and assure
himself that the contestant is fit to continue.
The referee may, in his discretion, order a
standing knockdown and a mandatory eight count if
a contestant is taking a severe beating and is
apparently defenseless but is not knocked down.
The standing knockdown shall be treated in all
respects, including scoring, as a knockdown. No
boxing exhibition shall be conducted unless a
referee approved by the [Commissioner of Consumer
Protection] COMMISSIONER is in attendance and
directs and controls the BOXING exhibition.
Sec. 9. Section 21a-205 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person shall engage in any boxing
exhibition as a boxer until he has been examined
and found to be physically fit by a competent
physician approved by the [Commissioner of
Consumer Protection] COMMISSIONER, licensed to
practice under the laws of this state and in
practice in this state FOR at least two years.
Such physician shall be appointed by the
commissioner and shall be in attendance throughout
the BOXING exhibition for which such examination
was made. Such physician shall certify in writing
that the contestant is physically fit to engage in
such [contest and his fee as decided by said]
BOXING EXHIBITION. ANY FEE FOR SUCH PHYSICIAN, AS
DETERMINED BY THE commissioner, shall be paid by
the person or club, corporation or association
conducting such BOXING exhibition.
(b) The cost of any physical examination
required by this chapter, AS AMENDED BY THIS ACT,
or regulations adopted [hereunder] UNDER THIS
CHAPTER, AS AMENDED BY THIS ACT, other than [that]
AN EXAMINATION required by subsection (a), may be
assessed by the commissioner on any boxer examined
by a physician appointed by the commissioner or on
the person, club, corporation or association
conducting the next BOXING exhibition in which the
contestant is scheduled to compete.
Sec. 10. Section 21a-206 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person acting as principal, manager,
second, promoter or matchmaker receiving or
accepting, directly or indirectly, any money or
other valuable thing from any boxer for any
special privilege or for discriminating in any
manner relating to any BOXING exhibition shall be
subject to the penalty prescribed in section
21a-211.
Sec. 11. Section 21a-210 of the general
statutes is repealed and the following is
substituted in lieu thereof:
No license shall be issued UNDER SECTION
21a-198, AS AMENDED BY SECTION 3 OF THIS ACT, to
conduct, hold or give any boxing exhibition in any
town, city or borough which has adopted any
ordinance prohibiting boxing exhibitions within
its limits.
Sec. 12. (NEW) The commissioner shall select
the referees for any boxing exhibition conducted,
held or given within this state, except amateur
boxing exhibitions held under the supervision of
any school, college or university having an
academic course of study or of the recognized
athletic association connected with such school,
college or university or amateur boxing
exhibitions held under the auspices of any amateur
athletic association that has been determined by
the commissioner to be capable of ensuring the
health and safety of the participants. All such
referees shall be licensed by the commissioner
under chapter 419e of the general statutes, as
amended by this act, and the regulations adopted
by the commissioner under said chapter, in
accordance with chapter 54 of the general
statutes.
Sec. 13. (NEW) (a) There is established the
Connecticut Boxing Promotion Commission which
shall be within the Department of Consumer
Protection for administrative purposes only. The
commission shall consist of nine members, three to
be appointed by the Governor, one to be appointed
by the speaker of the House of Representatives,
one to be appointed by the president pro tempore
of the Senate, one to be appointed by the majority
leader of the House of Representatives, one to be
appointed by the majority leader of the Senate,
one to be appointed by the minority leader of the
House of Representatives and one to be appointed
by the minority leader of the Senate. The initial
appointments to the commission shall be made not
later than November 1, 1998. Notwithstanding the
provisions of subsection (c) of section 4-9a of
the general statutes, the terms of each member of
the commission shall be coterminous with the term
of the appointing authority or until a successor
is chosen, whichever is later. The appointing
authority shall fill any vacancy for the unexpired
portion of the term. Members of the commission
shall receive no compensation for their services.
The commission shall hold at least one meeting
each quarter.
(b) The commission shall make recommendations
to the Governor, the Commissioner of Consumer
Protection, the Commissioner of Economic and
Community Development and the General Assembly,
upon the request thereof or at such time or times
as the commission may determine, to encourage,
develop and promote the sport of boxing in this
state. Such recommendations shall include, but not
be limited to: (1) Identifying any legal or
administrative impediments to the development of
the sport of boxing in this state; (2) identifying
ways to improve state and local services designed
to support and promote boxing; (3) identifying
ways of developing young boxers through amateur
boxing clubs and other programs; and (4)
developing strategies to assist promoters of
small-scale professional boxing events and to aid
in the development of a market for large-scale
professional boxing events in this state.
Approved May 22, 1998