First Regular Session
Sixty-first General Assembly
LLS NO. 970163.01 JLB
HOUSE BILL 971121
STATE OF COLORADO
BY REPRESENTATIVE Salaz;
also SENATOR J. Johnson.
STATE, VETERANS &
MILITARY AFFAIRS
APPROPRIATIONS
A BILL FOR AN ACT
CONCERNING THE REGULATION OF THE SPORT OF BOXING,
AND, IN CONNECTION THEREWITH, ENACTING THE "COLORADO
PROFESSIONAL BOXING SAFETY ACT" AND MAKING AN APPROPRIATION.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Creates the "Colorado Professional Boxing Safety Act". To administer such act, establishes the division of boxing in the department of revenue and the state boxing commission. Authorizes the commission to promulgate rules regulating live boxing and kickboxing matches.
Establishes the state boxing commission revenue account for the deposit of all fees and surcharges.
Describes the civil and criminal penalties for violations of the act and authorizes the commission to seek injunctions to enforce compliance with the act. Requires law enforcement agents of the department of revenue to assist local law enforcement with investigations. Includes judicial review provisions.
Makes an appropriation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 10 of title 12, Colorado Revised Statutes, 1991 Repl. Vol., is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
ARTICLE 10
Boxing
1210101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO PROFESSIONAL BOXING SAFETY ACT".
1210102. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE FEDERAL "PROFESSIONAL BOXING SAFETY ACT OF 1996" REQUIRES THE STATE OF COLORADO TO ESTABLISH A STATE BOXING COMMISSION. IF A STATE BOXING COMMISSION IS NOT ESTABLISHED AND IF CERTAIN SAFETY PROCEDURES ARE NOT IMPLEMENTED BY JULY 1, 1997, THEN ANY PROFESSIONAL BOXING OR KICKBOXING MATCH HELD IN COLORADO AFTER THAT DATE WILL HAVE TO BE SUPERVISED BY ANOTHER STATE'S BOXING COMMISSION, USING SAFETY GUIDELINES AND PROCEDURES IMPLEMENTED BY THAT STATE.
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT IT IS IN THE BEST INTERESTS OF THE RESIDENTS OF COLORADO, PROFESSIONAL BOXING AND KICKBOXING PARTICIPANTS, AND THE FUTURE OF THE SPORTS OF BOXING AND KICKBOXING IN COLORADO THAT THE CONDUCT OF SUCH SPORTS BE SUBJECT TO AN EFFECTIVE AND EFFICIENT SYSTEM OF STRICT CONTROL DESIGNED BY OR AT THE DIRECTION OF THE GENERAL ASSEMBLY. SUCH SYSTEM SHALL, AT A MINIMUM:
(a) PROTECT THE SAFETY OF THE PARTICIPANTS; AND
(b) PROMOTE THE PUBLIC TRUST AND CONFIDENCE IN THE CONDUCT OF PROFESSIONAL BOXING AND KICKBOXING.
(3) TO FURTHER PUBLIC CONFIDENCE AND TRUST, THIS ARTICLE AND RULES PROMULGATED PURSUANT TO THIS ARTICLE SHALL REGULATE ALL PERSONS, PRACTICES, AND ASSOCIATIONS THAT RELATE TO THE OPERATION OF LIVE PROFESSIONAL BOXING AND PROFESSIONAL KICKBOXING EVENTS, PERFORMANCES, OR CONTESTS HELD IN COLORADO.
1210103. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "BOXER" MEANS AN INDIVIDUAL WHO PARTICIPATES IN A BOXING MATCH.
(2) "BOXING" INCLUDES KICKBOXING, UNLESS THE CONTEXT OTHERWISE REQUIRES.
(3) "COMMISSION" MEANS THE COLORADO STATE BOXING COMMISSION CREATED IN SECTION 1210106.
(4) "CONTEST" MEANS A MATCH IN WHICH THE PARTICIPANTS STRIVE EARNESTLY TO WIN.
(5) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE.
(6) "EXHIBITION" MEANS A MATCH IN WHICH THE PARTICIPANTS DISPLAY THEIR BOXING OR KICKBOXING SKILLS AND TECHNIQUES WITHOUT STRIVING EARNESTLY TO WIN.
(7) "KICKBOXER" MEANS A PARTICIPANT IN A KICKBOXING MATCH.
(8) "KICKBOXING" MEANS ENGAGING IN MARTIAL ARTS FIGHTING TECHNIQUES USING THE HANDS AND FEET, THE OBJECT OF WHICH IS TO WIN BY A DECISION, KNOCKOUT, OR TECHNICAL KNOCKOUT.
(9) "MATCH" MEANS A PROFESSIONAL BOXING OR PROFESSIONAL KICKBOXING CONTEST OR EXHIBITION, THE OBJECT OF WHICH IS TO WIN BY A DECISION, KNOCKOUT, OR TECHNICAL KNOCKOUT, AND INCLUDES AN EVENT, ENGAGEMENT, SPARRING OR PRACTICE SESSION, SHOW, OR PROGRAM WHERE THE PUBLIC IS ADMITTED AND THERE IS INTENDED TO BE PHYSICAL CONTACT. "MATCH" DOES NOT INCLUDE A TRAINING OR PRACTICE SESSION WHEN NO ADMISSION IS CHARGED.
(10) "PARTICIPANT" MEANS A PERSON WHO ENGAGES IN A MATCH AS A BOXING OR KICKBOXING CONTESTANT.
(11) "PHYSICIAN" MEANS AN INDIVIDUAL LICENSED TO PRACTICE MEDICINE PURSUANT TO ARTICLE 36 OF THIS TITLE.
(12) "PROFESSIONAL" MEANS A PARTICIPANT WHO HAS RECEIVED OR COMPETED FOR A PURSE OR ANY OTHER THING OF VALUE FOR PARTICIPATING IN A MATCH.
1210104. Division of boxing creation. THERE IS HEREBY CREATED, WITHIN THE DEPARTMENT OF REVENUE, THE DIVISION OF BOXING, THE HEAD OF WHICH SHALL BE THE DIRECTOR OF THE DIVISION OF BOXING. THE DIRECTOR SHALL BE APPOINTED AND SUBJECT TO REMOVAL BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT. THE DIVISION OF BOXING, THE COLORADO STATE BOXING COMMISSION CREATED IN SECTION 1210106, AND THE DIRECTOR OF THE DIVISION OF BOXING SHALL EXERCISE THEIR RESPECTIVE POWERS AND PERFORM THEIR RESPECTIVE DUTIES AND FUNCTIONS AS SPECIFIED IN THIS ARTICLE UNDER THE DEPARTMENT OF REVENUE AS IF THE SAME WERE TRANSFERRED TO THE DEPARTMENT BY A TYPE 2 TRANSFER, AS SUCH TRANSFER IS DEFINED IN THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1 OF TITLE 24, C.R.S.; EXCEPT THAT THE COMMISSION SHALL HAVE FULL AND EXCLUSIVE AUTHORITY TO PROMULGATE RULES AND REGULATIONS RELATED TO MATCHES WITHOUT ANY APPROVAL BY, OR DELEGATION OF AUTHORITY FROM, THE DEPARTMENT.
1210105. Director qualification powers and duties. (1) THE DIRECTOR OF THE DIVISION OF BOXING SHALL:
(a) BE QUALIFIED BY TRAINING AND EXPERIENCE TO DIRECT THE WORK OF THE DIVISION;
(b) BE OF GOOD CHARACTER AND NOT HAVE BEEN CONVICTED OF ANY FELONY OR MATCHRELATED OFFENSE, NOTWITHSTANDING THE PROVISIONS OF SECTION 245101, C.R.S.; AND
(c) NOT BE ENGAGED IN ANY OTHER PROFESSION OR OCCUPATION THAT COULD PRESENT A CONFLICT OF INTEREST TO THE DIRECTOR'S DUTIES AS DIRECTOR OF THE DIVISION.
(2) IN ADDITION TO THE DUTIES IMPOSED UPON THE DIRECTOR ELSEWHERE IN THIS ARTICLE, THE DIRECTOR SHALL:
(a) DIRECT AND SUPERVISE THE ADMINISTRATIVE AND TECHNICAL ACTIVITIES OF THE DIVISION AND SUPERVISE AND ADMINISTER THE OPERATION OF MATCHES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AND THE RULES OF THE COMMISSION;
(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 NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE, BUT NO PERSON SHALL BE EMPLOYED WHO HAS BEEN CONVICTED OF A FELONY OR MATCHRELATED OFFENSE, NOTWITHSTANDING SECTION 245101, C.R.S.
(II) THE DIRECTOR, WITH THE APPROVAL OF THE COMMISSION, MAY ENTER INTO AGREEMENTS WITH ANY DEPARTMENT, AGENCY, OR UNIT OF STATE GOVERNMENT TO SECURE SERVICES WHICH THE DIRECTOR DEEMS NECESSARY AND TO PROVIDE FOR THE PAYMENT FOR SUCH SERVICES AND MAY EMPLOY AND COMPENSATE SUCH CONSULTANTS AND TECHNICAL ASSISTANTS AS MAY BE REQUIRED AND AS OTHERWISE PERMITTED BY LAW.
(d) CONFER WITH THE COMMISSION AS NECESSARY OR DESIRABLE, BUT NOT LESS THAN ONCE EACH MONTH, WITH REGARD TO THE OPERATION OF THE DIVISION;
(e) MAKE AVAILABLE FOR INSPECTION BY THE COMMISSION OR ANY MEMBER OF THE COMMISSION, UPON REQUEST, ALL BOOKS, RECORDS, FILES, AND OTHER INFORMATION AND DOCUMENTS IN THE DIRECTOR'S OFFICE;
(f) ADVISE THE COMMISSION AND RECOMMEND TO THE COMMISSION SUCH RULES AND OTHER PROCEDURES AS THE DIRECTOR DEEMS NECESSARY AND ADVISABLE TO IMPROVE THE OPERATION OF THE DIVISION AND THE CONDUCT OF BOXING;
(g) WITH THE CONCURRENCE OF THE COMMISSION OR PURSUANT TO COMMISSION REQUIREMENTS AND PROCEDURES, ENTER INTO CONTRACTS FOR MATERIALS, EQUIPMENT, AND SUPPLIES TO BE USED IN THE OPERATION OF THE DIVISION;
(h) (I) FURNISH TO THE STATE TREASURER AND THE COMMISSION A MONTHLY REPORT THAT CONTAINS A FULL AND COMPLETE STATEMENT OF THE DIVISION'S REVENUE AND EXPENSES FOR EACH MONTH.
(II) ALL REPORTS REQUIRED BY THIS PARAGRAPH (h) SHALL BE PUBLIC, AND COPIES OF ALL SUCH REPORTS SHALL BE SENT TO THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, THE MINORITY LEADERS OF BOTH HOUSES, AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT.
(i) ANNUALLY PREPARE AND SUBMIT TO THE COMMISSION, FOR ITS APPROVAL, A PROPOSED BUDGET FOR THE SUCCEEDING FISCAL YEAR, WHICH BUDGET SHALL SET FORTH A COMPLETE FINANCIAL PLAN FOR ALL PROPOSED EXPENDITURES AND ANTICIPATED REVENUES OF THE DIVISION;
(j) TAKE SUCH ACTION AS MAY BE DETERMINED BY THE COMMISSION TO BE NECESSARY TO PROTECT THE SECURITY AND INTEGRITY OF BOXING; AND
(k) PERFORM ANY OTHER LAWFUL ACTS THAT THE COMMISSION MAY CONSIDER NECESSARY OR DESIRABLE IN ORDER TO CARRY OUT THE PURPOSES AND PROVISIONS OF THIS ARTICLE.
1210106. State boxing commission creation. (1) THERE IS HEREBY CREATED, WITHIN THE DIVISION OF BOXING, THE COLORADO STATE BOXING COMMISSION. THE COMMISSION SHALL REGULATE MATCHES IN COLORADO.
(2) (a) THE COMMISSION SHALL CONSIST OF FIVE VOTING MEMBERS AND TWO NONVOTING ADVISORY MEMBERS. ALL MEMBERS SHALL BE RESIDENTS OF COLORADO, BE OF GOOD CHARACTER AND NOT HAVE BEEN CONVICTED OF ANY FELONY OR MATCHRELATED OFFENSE, NOTWITHSTANDING THE PROVISIONS OF SECTION 245101, C.R.S., AND BE APPOINTED AS FOLLOWS:
(I) ONE VOTING MEMBER SHALL BE APPOINTED BY THE GOVERNOR FOR AN INITIAL TERM OF TWO YEARS.
(II) ONE VOTING MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE FOR AN INITIAL TERM OF ONE YEAR.
(III) ONE VOTING MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES FOR AN INITIAL TERM OF ONE YEAR.
(IV) TWO VOTING MEMBERS SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT. ONE SHALL SERVE FOR AN INITIAL TERM OF THREE YEARS, AND THE OTHER SHALL SERVE FOR AN INITIAL TERM OF TWO YEARS.
(V) (A) TWO NONVOTING ADVISORY MEMBERS, ONE OF WHICH SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE OF WHICH SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE ACTING UPON RECOMMENDATIONS MADE BY THE COLORADO MEDICAL SOCIETY, WHICH SHALL NOMINATE TWO LICENSED PHYSICIANS FOR EACH POSITION. BOTH NONVOTING MEMBERS SHALL BE APPOINTED FOR AN INITIAL TERM OF ONE YEAR.
(B) THE TWO NONVOTING ADVISORY MEMBERS SHALL ADVISE THE COMMISSION ON MATTERS CONCERNING THE HEALTH AND PHYSICAL CONDITION OF BOXERS AND KICKBOXERS AND HEALTH ISSUES RELATING TO THE CONDUCT OF MATCHES. THE NONVOTING MEMBERS MAY PREPARE AND SUBMIT TO THE COMMISSION FOR ITS CONSIDERATION AND APPROVAL ANY RULES THAT IN THEIR JUDGMENT WILL SAFEGUARD THE PHYSICAL WELFARE OF THE PARTICIPANTS ENGAGED IN BOXING.
(b) THE TERMS FOR ALL MEMBERS EXCEPT THE INITIAL APPOINTEES SHALL BE THREE YEARS.
(c) THE COMMISSION SHALL DESIGNATE BY MAJORITY VOTE WHICH MEMBER IS TO SERVE AS CHAIR. ANY MEMBER MAY BE REMOVED FROM OFFICE BY THE EXECUTIVE DIRECTOR FOR CAUSE.
(d) MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE BEEN QUALIFIED. ANY VACANCY IN THE MEMBERSHIP OF THE COMMISSION SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT. A VACANCY IN THE MEMBERSHIP OF THE COMMISSION OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED FOR THE UNEXPIRED TERM ONLY.
(3) MEETINGS OF THE COMMISSION SHALL BE HELD AT LEAST QUARTERLY AND SHALL BE CALLED BY THE CHAIR OR BY ANY TWO MEMBERS OF THE COMMISSION. ANY THREE MEMBERS SHALL CONSTITUTE A QUORUM AT ANY MEETING. ACTION MAY BE TAKEN AND MOTIONS AND RESOLUTIONS MAY BE ADOPTED AT ANY MEETING AT WHICH A QUORUM EXISTS BY THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS PRESENT. MEMBERS MAY PARTICIPATE IN A REGULAR OR SPECIAL MEETING BY, OR CONDUCT THE MEETING THROUGH THE USE OF, ANY MEANS OF COMMUNICATION BY WHICH ALL MEMBERS PARTICIPATING MAY SIMULTANEOUSLY HEAR ONE ANOTHER AT ALL TIMES DURING THE MEETING. A MEMBER PARTICIPATING IN A MEETING BY THIS MEANS IS DEEMED TO BE PRESENT IN PERSON AT THE MEETING.
(4) THE COMMISSION SHALL ISSUE SUCH RULES AS ARE NECESSARY FOR THE REGULATION OF THE CONDUCT, PROMOTION, AND PERFORMANCES OF LIVE BOXING AND KICKBOXING MATCHES IN THIS STATE. SUCH RULES SHALL BE CONSISTENT WITH THIS ARTICLE AND APPLICABLE FEDERAL LAW AND SHALL INCLUDE:
(a) REQUIREMENTS FOR ISSUANCE OF LICENSES AND PERMITS;
(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) SUPERVISION OF CONTESTS AND EXHIBITIONS BY REFEREES AND LICENSED PHYSICIANS;
(e) INSURANCE AND BONDING REQUIREMENTS;
(f) COMPENSATION OF PARTICIPANTS AND LICENSEES;
(g) CONTRACTS AND FINANCIAL ARRANGEMENTS;
(h) PROHIBITION OF DISHONEST, UNETHICAL, AND INJURIOUS PRACTICES;
(i) REPORTS OF FRAUD;
(j) RESPONSIBILITIES OF PARTICIPANTS, INCLUDING FEMALE BOXERS AND KICKBOXERS;
(k) REGULATION OF FACILITIES.
(5) NO MEMBER SHALL RECEIVE COMPENSATION FOR SERVING ON THE COMMISSION; HOWEVER, A MEMBER MAY BE REIMBURSED FOR EXPENSES INCURRED IN THE PERFORMANCE OF SUCH SERVICES.
(6) THE COMMISSION SHALL HAVE SOLE JURISDICTION AND AUTHORITY TO ENFORCE THIS ARTICLE AND SHALL INVESTIGATE ANY ALLEGATION OF AN ACTIVITY THAT MAY VIOLATE THIS ARTICLE.
(7) THE COMMISSION SHALL MAINTAIN MEMBERSHIP IN THE ASSOCIATION OF BOXING COMMISSIONERS AND SHALL SEND AT LEAST ONE MEMBER TO THE ASSOCIATION'S ANNUAL CONVENTION.
(8) THE COMMISSION SHALL MAINTAIN A SERVICE SUBSCRIPTION TO FIGHT FAX, INC., OR ANY SUCCESSOR SERVICE.
(9) THE DIVISION OF BOXING SHALL PROVIDE STAFF ASSISTANCE TO THE COMMISSION.
1210107. Fees state boxing commission revenue account created. THE COMMISSION SHALL ESTABLISH BY RULE AND COLLECT NONREFUNDABLE LICENSE FEES AND MAY ESTABLISH BY RULE AND COLLECT SURCHARGES AND OTHER MONEYS AS THE COMMISSION DEEMS NECESSARY. THE COMMISSION SHALL TRANSMIT SUCH FEES, SURCHARGES, OR OTHER MONEYS COLLECTED PURSUANT TO RULE OF THE COMMISSION TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO THE COLORADO STATE BOXING COMMISSION REVENUE ACCOUNT, WHICH IS HEREBY CREATED. MONEYS SO DEPOSITED AND ALL INTEREST EARNED ON SUCH MONEYS SHALL BE APPROPRIATED TO THE DEPARTMENT TO DEFRAY THE ADMINISTRATIVE COSTS OF THIS ARTICLE. ANY MONEYS NOT USED SHALL REMAIN IN THE FUND AND SHALL NOT REVERT TO THE GENERAL FUND.
1210108. Violations. (1) Civil penalties. THE COMMISSION MAY ISSUE AN ORDER AGAINST ANY PERSON WHO WILLFULLY VIOLATES THIS ARTICLE, AFTER PROVIDING PRIOR NOTICE AND AN OPPORTUNITY FOR A HEARING PURSUANT TO SECTION 244105, C.R.S. THE COMMISSION MAY IMPOSE A CIVIL PENALTY IN AN AMOUNT UP TO FIVE THOUSAND DOLLARS FOR A SINGLE VIOLATION OR TWENTYFIVE THOUSAND DOLLARS FOR MULTIPLE VIOLATIONS IN A PROCEEDING OR A SERIES OF RELATED PROCEEDINGS.
(2) Criminal penalties. ANY PERSON WHO ENGAGES IN A WILLFUL VIOLATION OF THIS ARTICLE COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 181106, C.R.S. THE DIVISION OF BOXING MAY REFER ANY EVIDENCE CONCERNING VIOLATIONS OF THIS ARTICLE TO A DISTRICT ATTORNEY WHO MAY INSTITUTE APPROPRIATE CRIMINAL PROCEEDINGS.
(3) Injunction. WHENEVER IT APPEARS TO THE COMMISSION THAT A PERSON HAS ENGAGED OR IS ABOUT TO ENGAGE IN AN ACT OR PRACTICE THAT VIOLATES THIS ARTICLE OR A RULE OR ORDER ISSUED UNDER THIS ARTICLE, THE COMMISSION MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO ENJOIN SUCH ACTS OR PRACTICES AND TO ENFORCE COMPLIANCE WITH THIS ARTICLE OR ANY SUCH RULE OR ORDER.
(4) Enforcement. THE LAW ENFORCEMENT AGENTS OF THE DEPARTMENT MAY ASSIST LOCAL LAW ENFORCEMENT AGENCIES IN THEIR INVESTIGATIONS OF VIOLATIONS OF THIS ARTICLE AND MAY INITIATE AND CARRY OUT SUCH INVESTIGATIONS IN COORDINATION WITH LOCAL LAW ENFORCEMENT AGENCIES. SUCH LAW ENFORCEMENT AGENTS SHALL HAVE ALL THE POWERS AND AUTHORITY OF LAW ENFORCEMENT OFFICERS WHEN EXECUTING ARREST WARRANTS.
(5) Judicial review. ANY PARTY AGGRIEVED BY A DECISION OR ORDER FOR THE COMMISSION MAY SECURE JUDICIAL REVIEW IN THE FOLLOWING MANNER:
(a) THE AGGRIEVED PARTY SHALL FILE A PETITION IN A DISTRICT COURT FOR THE CITY AND COUNTY OF DENVER WITHIN THIRTY DAYS AFTER THE COMMISSION'S DECISION OR ORDER IS MADE FINAL.
(b) THE COMMISSION OR THE REVIEWING COURT MAY ORDER A STAY UPON APPROPRIATE TERMS, AND, IF A STAY IS GRANTED, NO SUPERSEDEAS BOND SHALL BE REQUIRED.
(c) THE PETITION FOR REVIEW SHALL BE SERVED ON THE COMMISSION AND ALL PARTIES OF RECORD IN ANY HEARING BEFORE THE COMMISSION, WITH RESPECT TO THE MATTER TO BE REVIEWED. AFTER SERVICE OF SUCH PETITION AND WITHIN THE TIME PERMITTED FOR FILING AN ANSWER, OR AS SOON THEREAFTER AS THE RECORD IS MADE AVAILABLE TO THE COMMISSION, THE COMMISSION SHALL CERTIFY TO THE DISTRICT COURT IN WHICH SUCH PETITION IS FILED THE RECORD OF THE PROCEEDINGS TO WHICH THE PETITION REFERS. THE COST OF PREPARING AND CERTIFYING SUCH RECORD SHALL BE PAID TO THE COMMISSION BY THE PETITIONER AND TAXED AS PART OF THE COST OF THE CASE, WHICH COST SHALL BE PAID AS DIRECTED BY THE DISTRICT COURT UPON A FINAL DETERMINATION OF THE CASE.
(d) THE REVIEW OF A DECISION OR ORDER OF THE COMMISSION SHALL BE TRIED BY THE DISTRICT COURT WITHOUT A JURY IN THE SAME MANNER AS CIVIL ACTIONS GENERALLY, BUT NO EVIDENCE SHALL BE ADMISSIBLE THAT WAS NOT PRESENTED AT THE HEARING ON THE MATTER BEFORE THE COMMISSION OR OFFICIALLY NOTICED IN THE RECORD OF SUCH HEARING.
(e) THE PLAINTIFF SHALL BEAR THE BURDEN OF PROOF. THE DISTRICT COURT MAY AFFIRM THE ACTION COMPLAINED OF OR REMAND THE MATTER TO THE COMMISSION FOR FURTHER PROCEEDINGS.
(f) EITHER PARTY MAY APPEAL FROM A FINAL JUDGMENT PURSUANT TO THE RULES ESTABLISHED FOR CIVIL ACTIONS GENERALLY, BUT NO APPEAL BOND SHALL BE REQUIRED OF THE COMMISSION.
SECTION 2. 241117 (4) (a), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
241117. Department of revenue creation. (4) (a) The department of revenue shall consist of the following divisions:
(IX) DIVISION OF BOXING, INCLUDING THE COLORADO STATE BOXING COMMISSION.
SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the Colorado state boxing commission revenue account not otherwise appropriated, to the department of revenue for allocation to the division of boxing, for the fiscal year beginning July 1, 1997, the sum of ____________ dollars ($ ), or so much thereof as may be necessary, for the implementation of this act.
SECTION 4. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.