Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3565 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3499 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3565
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kip A. Diggs and Sean Garballey
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing boxer protection.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kip A. Diggs2nd Barnstable1/18/2023Sean Garballey23rd Middlesex1/20/2023Michael O. MooreSecond Worcester2/8/2023Paul J. Donato35th Middlesex2/15/2023Jessica Ann Giannino16th Suffolk2/15/2023Rodney M. Elliott16th Middlesex2/15/2023Adam Scanlon14th Bristol2/16/2023Jeffrey Rosario Turco19th Suffolk2/16/2023Steven George Xiarhos5th Barnstable2/27/2023Paul R. FeeneyBristol and Norfolk3/16/2023 1 of 6
16	16	HOUSE DOCKET, NO. 3499 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3565
18	18	By Representatives Diggs of Barnstable and Garballey of Arlington, a petition (accompanied by
19	19	bill, House, No. 3565) of Kip A. Diggs, Sean Garballey and others that the Massachusetts
20	20	Gaming Commission establish a state athletic commission to oversee boxing, kickboxing, mixed
21	21	martial arts or other unarmed combative sporting events. Economic Development and Emerging
22	22	Technologies.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act establishing boxer protection.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 12 of Chapter 22 of the General Laws, as amended by section 28 of
32	32	2chapter 39 of the acts of 2021, is hereby repealed.
33	33	3 SECTION 2. Section 4 of chapter 23K of the General Laws, as amended by section 4 of
34	34	4chapter 173 of the acts of 2022, is hereby amended by adding the following clause:-
35	35	5 (43) oversight and regulation of the state athletic commission as established in section
36	36	632A of chapter 147.
37	37	7 SECTION 3. Chapter 29 of the General Laws is hereby amended by striking out section
38	38	82AAAA, as amended by section 34 of chapter 39 of the acts of 2021, and inserting in place
39	39	9thereof the following section:- 2 of 6
40	40	10 Section 2AAAA. There shall be established and set up on the books of the
41	41	11commonwealth a separate fund to be known as the State Athletic Commission Fund, in this
42	42	12section referred to as the fund, to be administered by the Massachusetts gaming commission,
43	43	13established in section 32A of chapter 147. The fund shall consist of any monies from licensing
44	44	14fees or other fees and fines collected under sections 32 to 35, inclusive, sections 40, 40A and 42
45	45	15of chapter 147 and section 12 of chapter 265. The comptroller shall transfer $750,000 each fiscal
46	46	16year to the fund and such amount shall not be subject to further appropriation. The funds shall be
47	47	17available for the costs of operating and administering the state athletic commission. For the
48	48	18purposes of accommodating discrepancies between the receipt of retained revenues and related
49	49	19expenditures, the state athletic commission may incur expense and the comptroller may certify
50	50	20for payment amounts not to exceed the lower of this authorization or the most recent revenue
51	51	21estimate as reported in the state accounting system.
52	52	22 SECTION 4. Section 32 of chapter 147 of the General Laws, as appearing in the 2020
53	53	23Official Edition, is hereby amended by striking out, in lines 7 and 8, the words “section 12 of
54	54	24chapter 22” and inserting in place thereof the following words:- section 32A.
55	55	25 SECTION 5. Said chapter 147, as so appearing, is hereby amended by inserting after
56	56	26section 32 the following section:-
57	57	27 Section 32A. (a) For the purposes of this section the following term shall, unless the
58	58	28context clearly requires otherwise, have the following meaning:
59	59	29 “Background”, a minimum of 10 years of documented experience in professional
60	60	30unarmed combative sports including, but not limited to: a professional combatant, a licensed
61	61	31promoter, a licensed manager, a licensed referee, a licensed judge or regulator. 3 of 6
62	62	32 (b)(1) There shall be in the Massachusetts gaming commission a commission, to be
63	63	33known as the state athletic commission, which shall consist of the chair of the Massachusetts
64	64	34gaming commission or their designee and 4 persons to be appointed by the governor who shall
65	65	35serve for terms of 3 years. At least 1 person shall have a background in the sport of boxing and at
66	66	36 least 1 person shall have a background in the sport of mixed martial arts, muay thai or
67	67	37kickboxing. The governor shall from time to time designate 1 member as chair.
68	68	38 (2) The commission shall appoint an executive director. The executive director shall: (i)
69	69	39serve at the pleasure of the commission; (ii) receive a salary as may be determined by the
70	70	40commission; (iii) devote their full time and attention to the duties of the commission; (iv) be a
71	71	41person with skills and experience in management; (v) be the executive and administrative head
72	72	42of the commission; (vi) be responsible for administering and enforcing the provisions of law
73	73	43relative to the commission and to each administrative unit thereof; (vii) have the authority to hire
74	74	44staff that will serve at the pleasure of the commission; and (viii) have a background in the sport
75	75	45of boxing, mixed martial arts, muay thai or kickboxing.
76	76	46 (3) The members of the commission shall receive their traveling expenses necessarily
77	77	47incurred in the performance of their duties and shall be allowed such sums for clerical assistance
78	78	48as the commission may approve. The Massachusetts gaming commission shall provide
79	79	49administrative support to the commission. The commission may deputize 1 or more persons to
80	80	50represent the commission and to be present at a match or exhibition held under sections 32 to 51,
81	81	51inclusive, of chapter 147; provided, however, that such deputies shall be compensated in the
82	82	52amount fixed by the commission for each match or exhibition attended pursuant to this section; 4 of 6
83	83	53provided further, that the commission may approve that deputies receive compensation for travel
84	84	54and incidental expenses necessarily incurred in the discharge of their duties.
85	85	55 SECTION 6. Said chapter 147 is hereby amended by striking out section 34, as so
86	86	56appearing, and inserting in place thereof the following section:-
87	87	57 Section 34. No license as aforesaid shall be granted unless the licensee has executed and
88	88	58filed with the commission a bond in a penal sum of $50,000, with such surety or sureties as shall
89	89	59be satisfactory to the commission, running to the commission, conditioned upon the payment to
90	90	60the commonwealth of the sums mentioned in section 40, and upon faithful compliance by the
91	91	61licensee with the provisions of sections 32 to 47, inclusive, the rules and regulations of the
92	92	62commission, and with such other laws of the commonwealth as may be applicable to anything
93	93	63done by the licensee in pursuance of the license. The commission may enforce the terms of the
94	94	64bond for the use and benefit of any person who may suffer loss by reason of the failure by the
95	95	65licensee to carry out terms of the bout agreement or due to acts of the licensee determined to be
96	96	66detrimental to combat sports. The bond shall also provide for a forfeiture to the commonwealth,
97	97	67recoverable at the suit of the attorney general, of such sum, not exceeding $10,000, as may be
98	98	68stipulated in the bond for each case of non-compliance.
99	99	69 SECTION 7. Said chapter 147 is hereby amended by striking out section 36, as so
100	100	70appearing, and inserting in place thereof the following section:-
101	101	71 Section 36. (1) At every boxing, kickboxing, mixed martial arts or other unarmed
102	102	72combative sporting event, sparring match or exhibition there shall be in attendance a referee,
103	103	73duly licensed under this section and sections 35 and 35A. There shall also be in attendance at
104	104	74least 3 duly-licensed judges, each of whom shall, at the termination of a match or exhibition, 5 of 6
105	105	75vote for the contestant in whose favor the decision should, in their opinion, be rendered or, for a
106	106	76draw if, in their opinion, neither contestant is entitled to a decision in their favor and the decision
107	107	77shall be rendered in favor of the contestant receiving a majority of the votes or, if neither
108	108	78receives a majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a
109	109	79decision, the vote of each judge shall be announced from the ring. The referee shall have full
110	110	80power to stop the match or exhibition whenever they deem it advisable because of the physical
111	111	81condition of a contestant or when 1 contestant is clearly outclassed by their opponent or for other
112	112	82sufficient reason.
113	113	83 (2) The commission shall set forth rules and regulations for contracts between a manager
114	114	84and an unarmed combatant and contracts between a promoter and an unarmed combatant. An
115	115	85unarmed combatant may not enter into a contract with a manager or a promoter unless it is filed
116	116	86with the commission prior to a scheduled contest in an amount time set forth by the commission.
117	117	87The commission shall only honor a contract that is executed and notarized on a form provided by
118	118	88the commission, unless the terms of the contract comply with the requirements set forth by the
119	119	89commission.
120	120	90 (3) The commission shall be the sole arbiter of a breach of contract and may establish
121	121	91rules governing breach of contract dispute resolution. If during a contest, a contestant is believed
122	122	92to not be competing in good faith, a member of the commission or their designee shall withhold
123	123	93any prize, remuneration or purse until a hearing can be held. The commission shall at a hearing
124	124	94following the contest declare forfeited any prize, remuneration or purse or any part thereof,
125	125	95belonging to a contestant if, in the judgment of a majority of the commissioners, after
126	126	96consultation with the judges and the referee, the contestant was not competing in good faith. 6 of 6
127	127	97 (4) Whoever violates any provisions in sections 32 to 51, inclusive, or who conducts
128	128	98themselves at any time or place in a manner which is deemed by the commission to reflect
129	129	99discredit to any unarmed combative sports, may have their license revoked and fined, suspended
130	130	100or otherwise disciplined in such manner as the commission may direct.