HB4076 H GO AM 1-24

Hubbard 3192

The Committee on Government Organization moves to amend the bill on page one, section one, line five, after the word “authorized” by striking out the period and adding the following: “with the following amendments:

On page 4, subsection 4.6. by striking subsection 4.6. in its entirety and inserting in lieu thereof a new subsection 4.6. to read as follows:

“4.6. -- Each amateur club must register one (1) manager. There will be no fees required for an amateur manager. However, each amateur contestant and Each manager of an amateur contestant must meet the requirements for a license and register with the Commission. There will only be two (2) people ringside during an amateur boxing match.”;

On page 6, subsection 7.5. by striking subsection 7.5. in its entirety and inserting in lieu thereof a new subsection 7.5. to read as follows:

“7.5. Certificate of Insurance -- The promoter must submit a valid certificate of insurance coverage to the Commission no later than forty-eight (48) hours prior to the start of the event.”;

On page 6, subsection 9.2. by striking subsection 9.2. in its entirety and inserting in lieu thereof a new subsection 9.2. to read as follows:

“9.2. Inspector’s report. -- At each boxing performance where an admission fee is charged, an official or inspector of the Commission shall attend. Upon its conclusion, the Chief Deputy or the deputy in charge shall sign a detailed report showing the results of bouts and the physician’s report. The inspector shall be responsible for all details of the contest and shall file all necessary reports within forty-eight (48) hours after the event with the Chair of the Commission. The inspector may choose other inspectors to assist him with his duties with the approval of the Commission: Provided, That the inspector shall not cancel an event, show, or bout within eight (8) hours after it has been previously approved by the Commission without good cause and without a written memorandum stating the reasons therefore. The Commission shall work in an effort to avoid the denial or removal of an event, show, or bout within eight (8) hours of the scheduled start time of an event.”;

On page 7, paragraph 9.6.b. by striking paragraph 9.6.b. in its entirety and inserting in lieu thereof a new paragraph 9.6.b. to read as follows:

“9.6.b. Weights – Boxers will be suspended for a period not to exceed thirty (30) days if they come in over the weight contracted for unless authorized by the Commission.”;

On page 8, subsection 10.4. by striking subsection 10.4. in its entirety and inserting in lieu thereof a new subsection 10.4. to read as follows:

“10.4. Judicial Review. – Judicial review of the Commission’s decisions shall be subject to the contested cases provisions of the WV Administrative Appeals Act set forth in W. Va. Code §29-5A-4. Any promoter shall have the right to petition a clerk of the Circuit Court for a writ of prohibition or a writ of mandamus.”;

On page 9, section §177-1-14. by striking section §177-1-14 in its entirety and inserting in lieu thereof a new section §177-1-14 to read as follows:

“§177-1-14. Designation of Officials.

For all professional contests, the referee or referees, judges and timekeeper shall be designated by the Commission. Only the officials so designated have the authority to perform their respective functions. The promoter must provide and pay for each examining physician. All officials appointed by the Commission must be at least eighteen (18) years of age.”;

On page 9, subsection 15.1. by striking subsection 15.1. in its entirety and inserting in lieu thereof a new subsection 15.1 to read as follows:

“15.1. Automatic suspension. – Any contestant who fails to appear at a show for which he or she signed a contract or contract has been signed by his or her duly licensed manager to appear, without a reasonable excuse or furnishing a doctor’s certificate in case of physical disability, shall be automatically suspended for a period of sixty (60) days. The Commission may suspend the contestant for a period not to exceed twelve (12) months for good cause, only after having a meeting regarding the issue.”;

On page 9, subsection 16.2. by striking subsection 16.2.. in its entirety and inserting in lieu thereof a new subsection 16.2. to read as follows:

On page 10, subsection 18.1. by striking subsection 18.1. in its entirety and inserting in lieu thereof a new subsection 18.1. to read as follows:

“18.1 Contracts must be filed. – The Commission shall be furnished with copies of all contracts between promoting corporations, contestants or managers. A copy of all contracts and agreements between a promoter, club, association or corporation, licensed under this rule and any person or person not named in the license, who by virtue of the contract or agreement might gain financial benefit from the promotion and presentation of boxing events in West Virginia by a promoter, club, association or corporation, must be placed on file with the Commission for approval.”;

On page 10, subsection 18.2. by striking subsection 18.2. in its entirety and inserting in lieu thereof a new subsection 18.2. to read as follows:

“18.2. When filed. –A copy of every contract between a manager and a boxer licensed in West Virginia must be filed when an application for license is made. The contracts shall be maintained in the archives of the Commission.”;

On page 10, section §177-1-23. by striking section §177-1-23. in its entirety and inserting in lieu thereof a new section §177-1-23 to read as follows:

“§177-1-23. Reporting In.

Contestants shall report to the inspector in the dressing room at least one (1) hour before they are due in the ring: Provided, That this requirement shall be waived if good cause exists: Provided, however, That this requirement shall not be grounds for suspension by the Commission.”;

On page 11, subsection 25.2. by striking subsection 25.2. in its entirety and inserting in lieu thereof a new subsection 25.2. to read as follows:

“25.2. No one shall be allowed in the contestant’s dressing room except promoters, managers, seconds, representatives of the Commission, or the promoter’s representatives.”;

On page 11, subsection 28.2. by striking subsection 28.2. in its entirety and inserting in lieu thereof a new subsection 28.2. to read as follows:

“28.2. Demeanor. – Seconds shall not coach or in any way assist a principal during a round, or by word or action attempt to heckle or annoy his or her principal’s opponent.”;

On page 12, subsection 30.2. by striking subsection 30.2. in its entirety and inserting in lieu thereof a new subsection 30.2. to read as follows:

“30.2. Conduct. –His or her conduct is subject to the supervision of the Commission.”;

On page 12, subsection 31.1. by striking subsection 31.1. in its entirety and inserting in lieu thereof a new subsection 31.1. to read as follows:

“31.1. Physical examination required. – Every contestant shall, at weighing-in time or at any other time on the day of the contest that may be designated by the Commission, be subjected to a physical examination by a duly licensed physician approved by the Commission. At a minimum, each fighter must be examined by a physician before each bout. The physician must be a duly licensed medical doctor (MD) or doctor of osteopathy (DO).”;

On page 13, subsection 31.2. by striking subsection 31.2. in its entirety and inserting in lieu thereof a new subsection 31.2. to read as follows:

“31.2. Inspectors to enforce. – Inspectors are charged with the duty of enforcing compliance with this section, in every case: Provided, That inspectors shall act in a manner to expedite all bouts and their approval. Once approved, a bout cannot be cancelled by the Inspector without good cause.”;

And;

On page 18, section §177-1-43. by striking section §177-1-43. in its entirety and inserting in lieu thereof a new section §177-1-43. to read as follows:

“§177-1-43. Ring Ropes.

Ring ropes shall be consistent with the general rules of boxing.””

Adopted