Second Regular Session Sixty-second General Assembly LLS NO. 00-0440.01 Pam Cybyske HOUSE BILL 00-1183

STATE OF COLORADO BY REPRESENTATIVE Vigil; also SENATOR Martinez.

REREVISED

A BILL FOR AN ACT THE REGULATION OF THE SPORT OF BOXING, AND, IN

102

CONNECTION THEREWITH, CREATING THE OFFICE OF BOXING AND

103

THE

104

APPROPRIATION THEREFOR.

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Be it enacted by the General Assembly of the State of Colorado:

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SECTION 1. Article 10 of title 12, Colorado Revised Statutes,

3

is REPEALED AND REENACTED, WITH AMENDMENTS, to read:

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ARTICLE 10 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.

HOUSE

HOUSE Amended 2nd Reading April 11, 2000

Creates the "Colorado Professional Boxing Safety Act". To administer such act, creates the Colorado state boxing authority (authority) as a special purpose authority. Authorizes the authority to promulgate rules regulating live boxing and kickboxing matches. Allows the authority to establish fees and surcharges for the implementation of the "Colorado Professional Boxing Safety Act". Provides that the authority is subject to audit by the state auditor and the legislative audit committee. Describes the civil and criminal penalties for violations of the act and authorizes the authority to seek injunctions to enforce compliance with the act. Includes judicial review provisions.

SENATE Amended 2nd Reading April 28, 2000

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

April 12, 2000

Bill Summary

May 1, 2000

STATE BOXING COMMISSION, AND MAKING AN

SENATE

COLORADO

3rd Reading Unamended

CONCERNING

3rd Reading Unamended

101

1 2 3

Boxing 12-10-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO PROFESSIONAL BOXING SAFETY ACT".

4

12-10-102. Legislative declaration. (1) THE GENERAL ASSEMBLY

5

HEREBY FINDS, DETERMINES, AND DECLARES THAT THE FEDERAL

6

"PROFESSIONAL BOXING SAFETY ACT OF 1996" REQUIRES THE STATE OF

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COLORADO TO ESTABLISH A STATE BOXING COMMISSION. BECAUSE THERE

8

IS NO STATE BOXING COMMISSION, ANY PROFESSIONAL BOXING OR

9

KICKBOXING MATCH HELD IN

COLORADO

HAS TO BE SUPERVISED BY

10

ANOTHER STATE’S BOXING COMMISSION, USING SAFETY GUIDELINES AND

11

PROCEDURES IMPLEMENTED BY THAT STATE.

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(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT

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IT IS IN THE BEST INTERESTS OF THE RESIDENTS OF

COLORADO,

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PROFESSIONAL BOXING AND KICKBOXING PARTICIPANTS, AND THE FUTURE

15

OF THE SPORTS OF BOXING AND KICKBOXING IN

16

CONDUCT OF SUCH SPORTS BE SUBJECT TO AN EFFECTIVE AND EFFICIENT

17

SYSTEM OF STRICT CONTROL DESIGNED BY THE GENERAL ASSEMBLY. SUCH

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SYSTEM SHALL, AT A MINIMUM:

COLORADO

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(a) PROTECT THE SAFETY OF THE PARTICIPANTS; AND

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(b)

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PROMOTE

THAT THE

THE PUBLIC TRUST AND CONFIDENCE IN THE

CONDUCT OF PROFESSIONAL BOXING AND KICKBOXING.

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(3) TO FURTHER PUBLIC CONFIDENCE AND TRUST, THIS ARTICLE

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AND RULES PROMULGATED PURSUANT TO THIS ARTICLE SHALL REGULATE

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ALL PERSONS, PRACTICES, AND ASSOCIATIONS THAT RELATE TO THE

25

OPERATION

26

KICKBOXING EVENTS, PERFORMANCES, OR CONTESTS HELD IN COLORADO.

OF

LIVE

PROFESSIONAL

BOXING

AND

PROFESSIONAL

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1 2 3 4

12-10-103. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) "BOXER"

MEANS AN INDIVIDUAL WHO PARTICIPATES IN A

BOXING MATCH.

5

(2) "BOXING"

6

OTHERWISE REQUIRES.

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(3)

INCLUDES KICKBOXING, UNLESS THE CONTEXT

"COMMISSION"

(4) "CONTEST"

11

(5) "DEPARTMENT"

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STATE BOXING

MEANS A MATCH IN WHICH THE PARTICIPANTS

STRIVE EARNESTLY TO WIN.

13

COLORADO

COMMISSION CREATED IN SECTION 12-10-105.

10

12

MEANS THE

MEANS THE DEPARTMENT OF REGULATORY

AGENCIES.

(6) "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF BOXING CREATED IN SECTION 12-10-104.

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(7) "EXHIBITION" MEANS A MATCH IN WHICH THE PARTICIPANTS

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DISPLAY THEIR BOXING OR KICKBOXING SKILLS AND TECHNIQUES WITHOUT

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STRIVING EARNESTLY TO WIN.

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(8) "KICKBOXER" MEANS A PARTICIPANT IN A KICKBOXING MATCH.

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(9) "KICKBOXING" MEANS ENGAGING IN MARTIAL ARTS FIGHTING

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TECHNIQUES USING THE HANDS AND FEET, THE OBJECT OF WHICH IS TO WIN

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BY A DECISION, KNOCKOUT, OR TECHNICAL KNOCKOUT.

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(10) "MATCH" MEANS A PROFESSIONAL BOXING OR PROFESSIONAL

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KICKBOXING CONTEST OR EXHIBITION, THE OBJECT OF WHICH IS TO WIN BY

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A DECISION, KNOCKOUT, OR TECHNICAL KNOCKOUT, AND INCLUDES AN

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EVENT, ENGAGEMENT, SPARRING OR PRACTICE SESSION, SHOW, OR

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PROGRAM WHERE THE PUBLIC IS ADMITTED AND THERE IS INTENDED TO BE

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1

PHYSICAL CONTACT.

2

PRACTICE SESSION WHEN NO ADMISSION IS CHARGED.

3 4

12-10-104. (12) "PARTICIPANT" MEANS A PERSON WHO ENGAGES IN A MATCH AS A BOXING OR KICKBOXING CONTESTANT.

7 8

DOES NOT INCLUDE A TRAINING OR

(11) "OFFICE" MEANS THE OFFICE OF BOXING CREATED IN SECTION

5 6

"MATCH"

(13) "PHYSICIAN" MEANS AN INDIVIDUAL LICENSED TO PRACTICE MEDICINE PURSUANT TO ARTICLE 36 OF THIS TITLE.

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(14) "PROFESSIONAL" MEANS A PARTICIPANT WHO HAS RECEIVED

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OR COMPETED FOR A PURSE OR ANY OTHER THING OF VALUE FOR

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PARTICIPATING IN A MATCH.

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12-10-104. Office of boxing - creation. THERE

IS HEREBY

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CREATED, WITHIN THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE

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DEPARTMENT OF REGULATORY AGENCIES, THE OFFICE OF BOXING.

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OFFICE OF BOXING AND THE

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CREATED IN SECTION

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POWERS AND PERFORM THEIR RESPECTIVE DUTIES AND FUNCTIONS AS

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SPECIFIED IN THIS ARTICLE UNDER THE DEPARTMENT OF REGULATORY

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AGENCIES AS IF THE SAME WERE TRANSFERRED TO THE DEPARTMENT BY A

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TYPE

21

"ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1 OF TITLE 24,

22

C.R.S.

23

2

TRANSFER ,

12-10-105.

COLORADO

12-10-105,

AS

THE

STATE BOXING COMMISSION,

SHALL EXERCISE THEIR RESPECTIVE

SUCH

TRANSFER

IS

DEFINED

IN

THE

Colorado state boxing commission - creation.

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(1) THERE

IS HEREBY CREATED, WITHIN THE OFFICE OF BOXING, THE

25

COLORADO

STATE BOXING COMMISSION.

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REGULATE MATCHES IN COLORADO.

THE

COMMISSION SHALL

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(2) (a) THE COMMISSION SHALL CONSIST OF FIVE VOTING MEMBERS

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AND TWO NONVOTING ADVISORY MEMBERS.

3

RESIDENTS OF COLORADO, BE OF GOOD CHARACTER AND NOT HAVE BEEN

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CONVICTED

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NOTWITHSTANDING THE PROVISIONS OF SECTION 24-5-101, C.R.S., AND BE

6

APPOINTED AS FOLLOWS:

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(I)

OF

ANY

THREE

FELONY

OR

ALL

MEMBERS SHALL BE

MATCH-RELATED

OFFENSE ,

VOTING MEMBERS SHALL BE APPOINTED BY THE

8

GOVERNOR.

9

ONE FOR AN FOR AN INITIAL TERM OF TWO YEARS, AND ONE FOR AN INITIAL

10 11 12

ONE SHALL SERVE FOR AN INITIAL TERM OF THREE YEARS,

TERM OF ONE YEAR.

(II) ONE VOTING MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE FOR AN INITIAL TERM OF ONE YEAR.

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(III) ONE VOTING MEMBER SHALL BE APPOINTED BY THE SPEAKER

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OF THE HOUSE OF REPRESENTATIVES FOR AN INITIAL TERM OF ONE YEAR.

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(IV) (A)

TWO

NONVOTING ADVISORY MEMBERS WHO ARE

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LICENSED PHYSICIANS SHALL BE APPOINTED, ONE BY THE SPEAKER OF THE

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HOUSE OF REPRESENTATIVES AND ONE BY THE PRESIDENT OF THE SENATE.

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BOTH NONVOTING MEMBERS SHALL BE APPOINTED FOR AN INITIAL TERM

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OF ONE YEAR.

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(B) THE TWO NONVOTING ADVISORY MEMBERS SHALL ADVISE THE

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COMMISSION ON MATTERS CONCERNING THE HEALTH AND PHYSICAL

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CONDITION OF BOXERS AND KICKBOXERS AND HEALTH ISSUES RELATING

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TO THE CONDUCT OF MATCHES.

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AND SUBMIT TO THE COMMISSION FOR ITS CONSIDERATION AND APPROVAL

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ANY RULES THAT IN THEIR JUDGMENT WILL SAFEGUARD THE PHYSICAL

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WELFARE OF THE PARTICIPANTS ENGAGED IN BOXING.

THE NONVOTING MEMBERS MAY PREPARE

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1 2 3

(b) THE TERMS FOR ALL MEMBERS EXCEPT THE INITIAL APPOINTEES SHALL BE THREE YEARS.

(c) THE COMMISSION SHALL DESIGNATE BY MAJORITY VOTE WHICH

4

MEMBER IS TO SERVE AS CHAIR .

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OFFICE BY THE PERSON MAKING THE APPOINTMENT FOR MISFEASANCE,

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MALFEASANCE, WILLFUL NEGLECT OF DUTY, OR OTHER CAUSE, AFTER

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NOTICE AND A PUBLIC HEARING, UNLESS SUCH NOTICE AND HEARING HAVE

8

BEEN EXPRESSLY WAIVED IN WRITING.

9

(d)

MEMBERS

ANY MEMBER MAY BE REMOVED FROM

SHALL SERVE UNTIL THEIR SUCCESSORS ARE

10

APPOINTED AND HAVE BEEN QUALIFIED.

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MEMBERSHIP OF THE COMMISSION SHALL BE FILLED IN THE SAME MANNER

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AS THE ORIGINAL APPOINTMENT.

13

COMMISSION OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED FOR

14

THE REMAINDER OF THE UNEXPIRED TERM ONLY.

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(3) MEETINGS

ANY

VACANCY IN THE

A VACANCY IN THE MEMBERSHIP OF THE

OF THE COMMISSION SHALL BE HELD AT LEAST

16

QUARTERLY AND SHALL BE CALLED BY THE CHAIR OR BY ANY TWO

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MEMBERS OF THE COMMISSION AND SHALL BE OPEN TO THE PUBLIC.

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THREE VOTING MEMBERS SHALL CONSTITUTE A QUORUM AT ANY MEETING.

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ACTION MAY BE TAKEN AND MOTIONS AND RESOLUTIONS MAY BE ADOPTED

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AT ANY MEETING AT WHICH A QUORUM EXISTS BY THE AFFIRMATIVE VOTE

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OF A MAJORITY OF THE VOTING MEMBERS PRESENT.

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PARTICIPATE IN A REGULAR OR SPECIAL MEETING BY, OR CONDUCT THE

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MEETING THROUGH THE USE OF, ANY MEANS OF COMMUNICATION BY

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WHICH ALL MEMBERS PARTICIPATING MAY SIMULTANEOUSLY HEAR ONE

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ANOTHER AT ALL TIMES DURING THE MEETING.

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IN A MEETING BY THIS MEANS IS DEEMED TO BE PRESENT IN PERSON AT THE

MEMBERS

ANY

MAY

A MEMBER PARTICIPATING

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1

MEETING.

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12-10-106. General powers and duties of the commission.

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(1) IN ADDITION TO ANY OTHER POWERS SPECIFICALLY GRANTED TO THE

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COMMISSION IN THIS ARTICLE, THE COMMISSION SHALL ISSUE SUCH RULES

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AS ARE NECESSARY FOR THE REGULATION OF THE CONDUCT, PROMOTION,

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AND PERFORMANCE OF LIVE BOXING AND KICKBOXING MATCHES IN THIS

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STATE.

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APPLICABLE FEDERAL LAW AND SHALL INCLUDE:

10 11 12 13 14 15 16 17

SUCH

RULES SHALL BE CONSISTENT WITH THIS ARTICLE AND

(a) REQUIREMENTS FOR ISSUANCE OF LICENSES AND PERMITS FOR BOXERS, PROMOTERS, JUDGES, AND REFEREES;

(b) REGULATION OF TICKET SALES AND THE ESTABLISHMENT AND COLLECTION OF FEES AND SURCHARGES;

(c) PHYSICAL

REQUIREMENTS FOR PARTICIPANTS, INCLUDING

CLASSIFICATION BY WEIGHT AND SKILL;

(d) PROVISIONS FOR SUPERVISION OF CONTESTS AND EXHIBITIONS BY REFEREES AND LICENSED PHYSICIANS;

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(e) REQUIREMENTS FOR INSURANCE AND BONDING;

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(f)

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GUIDELINES

FOR COMPENSATION OF PARTICIPANTS AND

LICENSEES;

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(g) GUIDELINES FOR CONTRACTS AND FINANCIAL ARRANGEMENTS;

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(h) PROHIBITION

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OF DISHONEST, UNETHICAL, AND INJURIOUS

PRACTICES;

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(i) GUIDELINES FOR REPORTS OF FRAUD;

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(j)

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RESPONSIBILITIES

OF PARTICIPANTS, INCLUDING FEMALE

BOXERS AND KICKBOXERS; AND

1183 -7-

1

(k) REGULATION OF FACILITIES.

2

(2) NO MEMBER SHALL RECEIVE COMPENSATION FOR SERVING ON

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THE COMMISSION; HOWEVER , A MEMBER MAY BE REIMBURSED FOR

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EXPENSES INCURRED IN THE PERFORMANCE OF SUCH SERVICES.

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(3) THE COMMISSION SHALL ENFORCE THIS ARTICLE AND SHALL

6

INVESTIGATE ANY ALLEGATION OF AN ACTIVITY THAT MAY VIOLATE THIS

7

ARTICLE.

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(4)

THE

COMMISSION SHALL MAINTAIN MEMBERSHIP IN THE

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ASSOCIATION OF BOXING COMMISSIONS AND SHALL SEND THE DIRECTOR OR

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THE DIRECTOR’S DESIGNEE TO THE ASSOCIATION’S ANNUAL CONVENTION.

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(5) THE COMMISSION SHALL MAINTAIN A SERVICE SUBSCRIPTION

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TO THE RECORD-KEEPING DATABASE PROVIDER APPROVED BY THE

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ASSOCIATION OF BOXING COMMISSIONS.

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12-10-107. Director - appointment - qualification - powers and

15

duties. (1) THE

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DIRECTOR OF THE DEPARTMENT AND SHALL BE UNDER THE IMMEDIATE

17

SUPERVISION OF THE EXECUTIVE DIRECTOR.

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DIRECTOR SHALL BE APPOINTED BY THE EXECUTIVE

(2) THE DIRECTOR SHALL:

19 20

(a) BE OF GOOD CHARACTER AND NOT HAVE BEEN CONVICTED OF

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ANY FELONY OR MATCH-RELATED OFFENSE, NOTWITHSTANDING THE

22

PROVISIONS OF SECTION 24-5-101, C.R.S.; AND

23

(b) NOT BE ENGAGED IN ANY OTHER PROFESSION OR OCCUPATION

24

THAT COULD PRESENT A CONFLICT OF INTEREST WITH THE DUTIES OF

25

DIRECTOR OF THE OFFICE.

26

(3) IN

ADDITION TO THE DUTIES IMPOSED UPON THE DIRECTOR

1183 -8-

1

ELSEWHERE IN THIS ARTICLE, THE DIRECTOR SHALL:

2

(a) DIRECT AND SUPERVISE THE ADMINISTRATIVE AND TECHNICAL

3

ACTIVITIES OF THE COMMISSION AND SUPERVISE AND ADMINISTER THE

4

OPERATION OF MATCHES IN ACCORDANCE WITH THE PROVISIONS OF THIS

5

ARTICLE AND THE RULES OF THE COMMISSION;

6 7 8

(b)

ATTEND

MEETINGS OF THE COMMISSION OR APPOINT A

DESIGNEE TO ATTEND IN THE DIRECTOR’S PLACE;

(c) (I)

EMPLOY

AND DIRECT SUCH PERSONNEL AS MAY BE

9

NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE, BUT NO

10

PERSON SHALL BE EMPLOYED WHO HAS BEEN CONVICTED OF A FELONY OR

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MATCH-RELATED OFFENSE, NOTWITHSTANDING SECTION 24-5-101, C.R.S.

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(II) THE DIRECTOR, WITH THE APPROVAL OF THE COMMISSION, MAY

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ENTER INTO AGREEMENTS WITH ANY PERSON, DEPARTMENT, AGENCY, OR

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UNIT OF STATE GOVERNMENT TO SECURE SERVICES THAT THE DIRECTOR

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DEEMS NECESSARY AND TO PROVIDE FOR THE PAYMENT FOR SUCH

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SERVICES AND MAY EMPLOY AND COMPENSATE SUCH CONSULTANTS AND

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TECHNICAL ASSISTANTS AS MAY BE REQUIRED AND AS OTHERWISE

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PERMITTED BY LAW.

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(d) CONFER WITH THE COMMISSION AS NECESSARY OR DESIRABLE,

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BUT NOT LESS THAN ONCE EACH MONTH, WITH REGARD TO THE OPERATION

21

OF THE COMMISSION;

22

(e) MAKE AVAILABLE FOR INSPECTION BY THE

COMMISSION OR

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ANY MEMBER OF THE COMMISSION, UPON REQUEST, ALL BOOKS, RECORDS,

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FILES, AND OTHER INFORMATION AND DOCUMENTS IN THE DIRECTOR’S

25

OFFICE;

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(f)

ADVISE

THE COMMISSION AND RECOMMEND TO THE

1183 -9-

1

COMMISSION SUCH RULES AND OTHER PROCEDURES AS THE DIRECTOR

2

DEEMS NECESSARY AND ADVISABLE TO IMPROVE THE CONDUCT OF BOXING;

3

(g) WITH THE CONCURRENCE OF THE COMMISSION OR PURSUANT

4

TO

COMMISSION REQUIREMENTS AND PROCEDURES, ENTER INTO

5

CONTRACTS FOR MATERIALS, EQUIPMENT, AND SUPPLIES TO BE USED IN THE

6

OPERATION OF THE COMMISSION;

7

(h) FURNISH ANY DOCUMENTS OF THE COMMISSION THAT MAY BE

8

REQUIRED BY THE STATE AUDITOR IN THE PERFORMANCE OF AUDITS

9

PERFORMED IN CONFORMANCE WITH PART

10

1

OF ARTICLE

3

OF TITLE

2,

C.R.S.;

11

(i) ANNUALLY PREPARE AND SUBMIT TO THE COMMISSION, FOR ITS

12

APPROVAL, A PROPOSED BUDGET FOR THE SUCCEEDING FISCAL YEAR,

13

WHICH BUDGET SHALL SET FORTH A COMPLETE FINANCIAL PLAN FOR ALL

14

PROPOSED

15

COMMISSION;

EXPENDITURES

AND

ANTICIPATED

REVENUES

OF

THE

16

(j) TAKE SUCH ACTION NECESSARY, AS MAY BE DETERMINED BY

17

THE COMMISSION, TO PROTECT THE SECURITY AND INTEGRITY OF BOXING;

18

AND

19

(k) PERFORM ANY OTHER LAWFUL ACTS THAT THE

COMMISSION

20

MAY CONSIDER NECESSARY OR DESIRABLE IN ORDER TO CARRY OUT THE

21

PURPOSES AND PROVISIONS OF THIS ARTICLE.

22

12-10-108. Governmental immunity - limitation on liability.

23

THE COMMISSION, ANY MEMBER OF THE COMMISSION, ANY PERSON

24

ON THE STAFF OF THE COMMISSION, AND ANY TECHNICAL ADVISOR

25

APPOINTED BY THE COMMISSION SHALL BE PROVIDED ALL PROTECTIONS OF

26

GOVERNMENTAL IMMUNITY PROVIDED TO PUBLIC EMPLOYEES BY ARTICLE

1183 -10-

1

10 OF TITLE 24, C.R.S., INCLUDING, BUT NOT LIMITED TO, THE PAYMENT OF

2

JUDGMENTS AND SETTLEMENTS, THE PROVISION OF LEGAL DEFENSE, AND

3

THE PAYMENT OF COSTS INCURRED IN COURT ACTIONS.

4

PROTECTIONS SHALL BE PROVIDED TO THE COMMISSION, COMMISSION

5

MEMBERS ,

6

CONTRACTORS HIRED TO PERFORM OR ACTING AS A BOXING INSPECTOR ON

7

BEHALF OF THE COMMISSION ONLY WITH REGARD TO ACTIONS BROUGHT

8

BECAUSE OF ACTS OR OMISSIONS COMMITTED BY SUCH PERSONS IN THE

9

COURSE OF OFFICIAL COMMISSION DUTIES.

STAFF ,

TECHNICAL

ADVISORS ,

AND

THESE

INDEPENDENT

10 11

12-10-109.

Fees - boxing cash fund - created. (1)

THE

12

COMMISSION SHALL ESTABLISH BY RULE, PROMULGATED CONSISTENT WITH

13

SECTION 24-4-103, C.R.S., AND COLLECT NONREFUNDABLE LICENSE FEES

14

AND MAY ESTABLISH BY RULE AND COLLECT SURCHARGES AND OTHER

15

MONEYS AS THE COMMISSION DEEMS NECESSARY; EXCEPT THAT SUCH FEES

16

AND SURCHARGES SHALL NOT EXCEED THE AMOUNT NECESSARY TO CARRY

17

OUT THE PROVISIONS OF THIS ARTICLE.

18

(2) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT ALL DIRECT

19

AND INDIRECT COSTS INCURRED IN THE IMPLEMENTATION OF THIS ARTICLE

20

BE FUNDED BY FEES AND SUCH OTHER MONEYS COLLECTED BY THE

21

COMMISSION PURSUANT TO SUBSECTION (1) OF THIS SECTION.

22

COLLECTED BY THE COMMISSION SHALL BE TRANSMITTED TO THE STATE

23

TREASURER, WHO SHALL CREDIT THE SAME TO THE BOXING CASH FUND,

24

WHICH FUND IS HEREBY CREATED.

25

SHALL BE USED FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS

26

ARTICLE.

ALL FEES

ALL MONEYS CREDITED TO SUCH FUND

ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF

1183 -11-

1

MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND.

AT THE END OF

2

ANY FISCAL YEAR, ALL UNEXPENDED AND UNENCUMBERED MONEYS IN THE

3

FUND SHALL REMAIN THEREIN AND SHALL NOT BE CREDITED OR

4

TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND.

5

12-10-110. Violations. (1) Civil penalties. THE COMMISSION

6

MAY ISSUE AN ORDER AGAINST ANY PERSON WHO WILLFULLY VIOLATES

7

THIS ARTICLE, AFTER PROVIDING PRIOR NOTICE AND AN OPPORTUNITY FOR

8

A HEARING PURSUANT TO SECTION

9

MAY IMPOSE A CIVIL PENALTY IN AN AMOUNT UP TO FIVE THOUSAND

10

DOLLARS FOR A SINGLE VIOLATION OR TWENTY-FIVE THOUSAND DOLLARS

11

FOR MULTIPLE VIOLATIONS IN A PROCEEDING OR A SERIES OF RELATED

12

PROCEEDINGS.

13

24-4-105, C.R.S. THE

COMMISSION

(2) Criminal penalties. ANY PERSON WHO ENGAGES IN A WILLFUL

14

VIOLATION OF THIS ARTICLE COMMITS A CLASS

2

15

SHALL BE SUBJECT TO PROSECUTION BY THE ATTORNEY GENERAL OR THE

16

DISTRICT ATTORNEY OF THE DISTRICT IN WHICH THE VIOLATION IS

17

ALLEGED TO HAVE OCCURRED AND SHALL BE PUNISHED AS PROVIDED IN

18

SECTION 18-1-106, C.R.S.

MISDEMEANOR AND

19

(3) Injunction. WHENEVER IT APPEARS TO THE COMMISSION THAT

20

A PERSON HAS ENGAGED OR IS ABOUT TO ENGAGE IN AN ACT OR PRACTICE

21

THAT VIOLATES THIS ARTICLE OR A RULE OR ORDER ISSUED UNDER THIS

22

ARTICLE, THE COMMISSION MAY BRING AN ACTION IN ANY COURT OF

23

COMPETENT JURISDICTION TO ENJOIN SUCH ACTS OR PRACTICES AND TO

24

ENFORCE COMPLIANCE WITH THIS ARTICLE OR ANY SUCH RULE OR ORDER.

25

(4) Enforcement. THE COMMISSION AND DIRECTOR MAY ASSIST

26

LOCAL LAW ENFORCEMENT AGENCIES IN THEIR INVESTIGATIONS OF

1183 -12-

1

VIOLATIONS OF THIS ARTICLE AND MAY INITIATE AND CARRY OUT SUCH

2

INVESTIGATIONS IN COORDINATION WITH LOCAL LAW ENFORCEMENT

3

AGENCIES.

4

(5) Judicial review. FINAL COMMISSION ACTIONS AND ORDERS

5

APPROPRIATE FOR JUDICIAL REVIEW MAY BE JUDICIALLY REVIEWED IN THE

6

COURT OF APPEALS IN ACCORDANCE WITH SECTION 24-4-106 (11), C.R.S.

7 8 9 10 11 12 13

12-10-111. Repeal of article. (1) THIS

ARTICLE IS REPEALED,

EFFECTIVE JULY 1, 2010.

(2) PRIOR

TO SUCH REPEAL, THE OFFICE AND THE COMMISSION

SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 24-34-104, C.R.S.

SECTION 2. 24-34-104 (41), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

14

24-34-104. General assembly review of regulatory agencies and

15

functions for termination, continuation, or reestablishment. (41) The

16

following agencies, functions, or both, shall terminate on July 1, 2010:

17 18 19 20 21

(f) THE

OFFICE OF BOXING, INCLUDING THE

COLORADO

STATE

BOXING COMMISSION, CREATED BY ARTICLE 10 OF TITLE 12, C.R.S.

SECTION 3. 24-34-101 (1), Colorado Revised Statutes, is amended to read: 24-34-101.

Department created - executive director.

22

(1) (a) There is hereby created the department of regulatory agencies, the

23

head of which shall be the executive director of the department of

24

regulatory agencies, which office is hereby created. The executive

25

director shall be appointed by the governor, with the consent of the

26

senate, and he shall serve at the pleasure of the governor.

The

1183 -13-

1

reappointment of an executive director after initial election of a governor

2

shall be subject to the provisions of section 24-20-109. The executive

3

director shall have those powers, duties, and functions prescribed for

4

heads of principal departments in the "Administrative Organization Act

5

of 1968". The department of regulatory agencies shall be organized as

6

provided in the "Administrative Organization Act of 1968"; but nothing

7

in this part 1 shall be construed to prevent the establishment,

8

combination, or abolition of divisions, sections, or units other than those

9

created by law.

10

(b) THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT

11

OF REGULATORY AGENCIES SHALL ALSO CONSIST OF THE OFFICE OF

12

BOXING, THE HEAD OF WHICH SHALL BE THE DIRECTOR OF THE OFFICE OF

13

BOXING, APPOINTED PURSUANT TO SECTION 12-10-107, C.R.S.

14

SECTION 4. Appropriation.

(1) In addition to any other

15

appropriation, there is hereby appropriated, out of any moneys in the

16

boxing cash fund, created in section 12-10-109 (2), Colorado Revised

17

Statutes, not otherwise appropriated, to the department of regulatory

18

agencies, executive director’s office, for the fiscal year beginning July 1,

19

2000, the sum of ninety thousand four hundred ninety-four dollars

20

($90,494) and 1.0 FTE, or so much thereof as may be necessary, for the

21

implementation of this act.

22

(2) In addition to any other appropriation, there is hereby

23

appropriated to the department of law, for the fiscal year beginning July

24

1, 2000, the sum of ten thousand five hundred seventy-four dollars

25

($10,574) and 0.1 FTE, or so much thereof as may be necessary, for the

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provision of legal services to the department of regulatory agencies

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related to the implementation of this act. Said sum shall be from cash

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funds exempt received from the executive director’s office in the

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department of regulatory agencies out of the appropriation made in

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subsection (1) of this section.

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SECTION 5. Effective date - applicability. This act shall take

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effect July 1, 2000, and shall apply to boxing and kickboxing matches

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held in Colorado on or after said date.

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SECTION 6. Safety clause. The general assembly hereby finds,

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determines, and declares that this act is necessary for the immediate

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preservation of the public peace, health, and safety.

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