| 1 | 1 | | HOUSE . . . . . . . . No. 4444 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | ________________________________________ |
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| 4 | 4 | | HOUSE OF REPRESENTATIVES, March 4, 2024. |
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| 5 | 5 | | The committee on Economic Development and Emerging |
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| 6 | 6 | | Technologies, to whom was referred the petition (accompanied by bill, |
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| 7 | 7 | | House, No. 3565) of Kip A. Diggs, Sean Garballey and others that the |
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| 8 | 8 | | Massachusetts Gaming Commission establish a state athletic commission |
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| 9 | 9 | | to oversee boxing, kickboxing, mixed martial arts or other unarmed |
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| 10 | 10 | | combative sporting events, reports recommending that the accompanying |
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| 11 | 11 | | bill (House, No. 4444) ought to pass. |
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| 12 | 12 | | For the committee, |
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| 13 | 13 | | JERALD A. PARISELLA. 1 of 10 |
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| 14 | 14 | | FILED ON: 2/6/2024 |
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| 15 | 15 | | HOUSE . . . . . . . . . . . . . . . No. 4444 |
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| 16 | 16 | | The Commonwealth of Massachusetts |
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| 17 | 17 | | _______________ |
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| 18 | 18 | | In the One Hundred and Ninety-Third General Court |
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| 19 | 19 | | (2023-2024) |
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| 20 | 20 | | _______________ |
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| 21 | 21 | | An Act establishing boxer protection. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 23 | 23 | | of the same, as follows: |
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| 24 | 24 | | 1 SECTION 1. Chapter 22 of the General Laws, as appearing in the 2022 Official Edition, |
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| 25 | 25 | | 2is hereby amended by striking out Section 12 and inserting in place thereof the following |
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| 26 | 26 | | 3section:- |
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| 27 | 27 | | 4 Section 12.(a) There will be a commission in the office of public safety and inspections |
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| 28 | 28 | | 5called the state athletic commission, made up of the commissioner of the division of |
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| 29 | 29 | | 6occupational licensure or his or her designee and 4 individuals whom the governor shall appoint. |
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| 30 | 30 | | 7These individuals will serve for a term of three years or until the governor appoints a successor. |
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| 31 | 31 | | 8At least 1 person shall have a background in the sport of boxing, and at least 1 person shall have |
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| 32 | 32 | | 9a background in the sport of mixed martial arts. Mixed martial arts shall have the same meaning |
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| 33 | 33 | | 10as defined in Section 32 of Chapter 147. The governor shall, from time to time, designate 1 |
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| 34 | 34 | | 11member as the chair of the commission. A majority of the appointed members of the commission |
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| 35 | 35 | | 12shall constitute a quorum for the transaction of all office business of the commission. The |
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| 36 | 36 | | 13affirmative vote of a majority of those commissioners present at a meeting of the commission |
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| 37 | 37 | | 14constituting at least a quorum is necessary to render a decision or pass a motion. 2 of 10 |
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| 38 | 38 | | 15 (b) The commission membership of a person appointed to the commission shall be |
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| 39 | 39 | | 16considered vacant, and the governor shall appoint a successor in accordance with subsection (a) |
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| 40 | 40 | | 17should a commission member be absent, without justification, for more than 50 percent of the |
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| 41 | 41 | | 18commission's meetings during a single calendar year. The commission shall, by rule, define what |
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| 42 | 42 | | 19constitutes excused and unexcused absences. |
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| 43 | 43 | | 20 (c) Each commission member shall be accountable to the governor for the proper |
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| 44 | 44 | | 21performance of their duties as a member of the commission. Any complaint or unfavorable |
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| 45 | 45 | | 22report the governor or the division receives regarding claims of improper behavior by any |
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| 46 | 46 | | 23commission member shall be the subject of an investigation by the governor. The governor may |
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| 47 | 47 | | 24remove from office any commission member for malfeasance, unethical conduct, misfeasance, |
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| 48 | 48 | | 25neglect of duty, or permanent inability to perform official duties. |
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| 49 | 49 | | 26 (d) The commission shall appoint a full-time executive director to assume the role of the |
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| 50 | 50 | | 27commission's administrative and executive head. The executive director shall have a minimum of |
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| 51 | 51 | | 285 years of experience in unarmed combative sports, as defined in Section 32 of Chapter 147, and |
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| 52 | 52 | | 29shall be a person with skill and experience in management. The executive director shall serve at |
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| 53 | 53 | | 30the pleasure of the commission and shall devote their full time and attention to the office's duties. |
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| 54 | 54 | | 31The executive director shall be responsible for administering and enforcing the provisions of the |
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| 55 | 55 | | 32law relative to the commission. The executive director may, subject to the approval of the |
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| 56 | 56 | | 33commission, employ other employees, consultants, agents, and advisors, including legal counsel, |
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| 57 | 57 | | 34and shall attend the meetings of the commission. The executive director shall receive a salary in |
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| 58 | 58 | | 35an amount fixed by the commission. 3 of 10 |
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| 59 | 59 | | 36 (e) The members of the commission shall receive their travel expenses necessarily |
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| 60 | 60 | | 37incurred in the performance of their duties. The commission may deputize 1 or more persons to |
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| 61 | 61 | | 38represent the commission and to be present at a match or exhibition held under sections 32 to 51, |
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| 62 | 62 | | 39inclusive, of chapter 147; provided, however, that such deputies shall be compensated in an |
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| 63 | 63 | | 40amount fixed by the commission for each match or exhibition attended pursuant to this section |
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| 64 | 64 | | 41and shall receive their traveling expenses necessarily incurred in the performance of their duties. |
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| 65 | 65 | | 42 (f) No deputy shall be assigned to regulate any event, match, exhibition, or sparring under |
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| 66 | 66 | | 43the authority or jurisdiction of the commission, who, within the preceding twelve months, has |
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| 67 | 67 | | 44not received a commission-approved formal training, at which the laws and rules of the |
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| 68 | 68 | | 45commission and related issues have been discussed; provided, however, that such deputies shall |
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| 69 | 69 | | 46be compensated in an amount fixed by the commission for attending said commission-approved |
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| 70 | 70 | | 47formal training. |
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| 71 | 71 | | 48 SECTION 2. Chapter 29 of the General Laws is hereby amended by striking out section |
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| 72 | 72 | | 492AAAA, as so appearing, and inserting in place thereof the following section:- |
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| 73 | 73 | | 50 Section 2AAAA. There shall be established and set up on the books of the |
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| 74 | 74 | | 51commonwealth a separate fund to be known as the State Athletic Commission Fund, in this |
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| 75 | 75 | | 52section referred to as the fund, to be administered by the division of occupational licensure. The |
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| 76 | 76 | | 53fund shall consist of any monies from licensing fees or other fees and fines collected under |
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| 77 | 77 | | 54sections 32 to 35, inclusive, sections 40, 40A, and 42 of chapter 147, and section 12 of chapter |
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| 78 | 78 | | 55265. The amounts credited to the fund shall be available for expenditure without further |
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| 79 | 79 | | 56appropriation by the division of occupational licensure up to an amount not to exceed $500,000 |
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| 80 | 80 | | 57each fiscal year for the costs of operating and administering the state athletic commission; 4 of 10 |
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| 81 | 81 | | 58provided, however, that if the amount credited to the fund exceeds $500,000, the excess amount |
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| 82 | 82 | | 59shall be deposited into the General Fund. For the purposes of accommodating discrepancies |
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| 83 | 83 | | 60between the receipt of retained revenues and related expenditures, the department may incur |
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| 84 | 84 | | 61expenses, and the comptroller may certify payment amounts not to exceed the lower of this |
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| 85 | 85 | | 62authorization or the most recent revenue estimate as reported in the state accounting system. |
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| 86 | 86 | | 63 SECTION 3. Section 32 of Chapter 147 is hereby amended by adding the following |
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| 87 | 87 | | 64subsection:- |
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| 88 | 88 | | 65 (f) The commission has the sole direction, management, control of, and jurisdiction over |
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| 89 | 89 | | 66all amateur combat sporting events, matches, or exhibitions conducted, held, or given within this |
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| 90 | 90 | | 67state, including jurisdiction over all forms and combinations of forms of full contact mixed |
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| 91 | 91 | | 68martial arts, boxing, and all other unarmed combative sport contests, including all events |
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| 92 | 92 | | 69involving participants 18 years of age or younger. |
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| 93 | 93 | | 70 Section 4. Section 32 of Chapter 147 is further amended by striking out the words:- |
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| 94 | 94 | | 71 “however, that ‘toughman’ shall not include matches or exhibitions conducted pursuant |
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| 95 | 95 | | 72to section 50A.” |
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| 96 | 96 | | 73 Section 5. Section 32 of Chapter 147 is further amended by inserting after the definition |
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| 97 | 97 | | 74of “''Toughman'' the following section:- |
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| 98 | 98 | | 75 As described in the specific provisions of the act, whether referring to a professional or |
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| 99 | 99 | | 76amateur contest or match, the terms “contest” and “match” are synonymous, may be used |
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| 100 | 100 | | 77interchangeably, include boxing, kickboxing, and martial arts exhibitions, and mean a fight, |
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| 101 | 101 | | 78prizefight, boxing contest, pugilistic contest, kickboxing contest, martial arts contest, or sparring 5 of 10 |
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| 102 | 102 | | 79match, between two or more persons, where full contact is used or intended that may result or is |
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| 103 | 103 | | 80intended to result in physical harm to the opponent. An amateur contest or match includes a |
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| 104 | 104 | | 81contest or match where full contact is used, even if unintentionally, but does not include light |
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| 105 | 105 | | 82contact karate, tae kwon do, judo, or any other light contact martial arts as approved by the |
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| 106 | 106 | | 83commission and recognized by the International Olympic Committee as an Olympic sport. |
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| 107 | 107 | | 84 Section 6. Section 35 of Chapter 147 is hereby amended by striking out the words:- |
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| 108 | 108 | | 85 “No person shall be licensed under this section who is under 18 years of age, except as |
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| 109 | 109 | | 86otherwise provided in section 39.” |
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| 110 | 110 | | 87 Section 7. Chapter 147 is hereby amended by striking out Section 35A, as so appearing, |
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| 111 | 111 | | 88and inserting in place thereof the following section:- |
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| 112 | 112 | | 89 Section 35A. (a) This chapter applies to all amateur boxing, wrestling, and full contact |
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| 113 | 113 | | 90martial arts contests. |
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| 114 | 114 | | 91 (b) Notwithstanding Section 36, the commission shall, in the conduct of all amateur |
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| 115 | 115 | | 92boxing, mixed martial arts, or other unarmed combative sporting events, sparring matches, and |
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| 116 | 116 | | 93exhibitions sanctioned by the national governing body and its local affiliate that are appointed |
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| 117 | 117 | | 94and recognized by the United States Olympic Committee for such purposes, acknowledge and |
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| 118 | 118 | | 95follow the rules and regulations of the amateur governing bodies. |
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| 119 | 119 | | 96 (c) The commission may authorize one or more nonprofit boxing, mixed martial arts, or |
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| 120 | 120 | | 97other unarmed combative sports clubs, athletic associations, organizations, or sanctioning bodies, |
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| 121 | 121 | | 98upon approval of its bylaws, to administer contests, events, sparring matches, and exhibitions, |
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| 122 | 122 | | 99and may, therefore, waive direct commission application of laws and rules, including licensure, 6 of 10 |
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| 123 | 123 | | 100subject to the commission’s affirmative finding that the standards and enforcement of similar |
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| 124 | 124 | | 101rules by a club or organization meet or exceed the safety and fairness standards of the |
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| 125 | 125 | | 102commission. The commission shall review the performance of any such club, organization, or |
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| 126 | 126 | | 103sanctioning body annually, and the commission, at its discretion, may rescind previously |
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| 127 | 127 | | 104approved authorization of a nonprofit boxing, wrestling, or martial arts club, organization, or |
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| 128 | 128 | | 105sanctioning body to administer its rules for boxing, mixed martial arts, or other unarmed |
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| 129 | 129 | | 106combative sports contests, events, sparring matches, and exhibitions. The commission has the |
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| 130 | 130 | | 107right to have present without charge or restriction such representatives as are necessary to obtain |
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| 131 | 131 | | 108compliance with this section and may require any additional notices and reports it deems |
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| 132 | 132 | | 109necessary to enforce the provisions of this section. |
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| 133 | 133 | | 110 (d) No amateur match that is subject to Section 32 shall be held unless it is licensed by |
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| 134 | 134 | | 111the commission and sanctioned and supervised by an amateur sanctioning organization approved |
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| 135 | 135 | | 112by the commission. |
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| 136 | 136 | | 113 (e) The commission shall recognize and license, upon receipt of the classified fee to be |
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| 137 | 137 | | 114determined annually by the commissioner of administration and finance under Section 3B of |
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| 138 | 138 | | 115Chapter 7, the amateur referees, judges, and other amateur officials assigned to the amateur |
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| 139 | 139 | | 116matches or exhibitions by the amateur governing bodies and certified under their rules and |
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| 140 | 140 | | 117regulations. |
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| 141 | 141 | | 118 (f) The commission shall cooperate fully with the amateur boxing governing bodies to |
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| 142 | 142 | | 119assure that amateur boxers are eligible to participate and compete for selection to the United |
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| 143 | 143 | | 120States Olympic boxing team. 7 of 10 |
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| 144 | 144 | | 121 (g) No contestant in amateur boxing shall compete in more than 2 tournaments in any 7- |
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| 145 | 145 | | 122day period, nor shall the contestant participate in more than 3 contests between noon on any day |
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| 146 | 146 | | 123and 12:30 a.m. on the following day. All amateur boxing or sparring matches or exhibitions shall |
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| 147 | 147 | | 124terminate not later than 12:30 a.m. on the day following the start of the match. (h) During a |
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| 148 | 148 | | 125contest, contestants in amateur boxing or kickboxing matches or exhibitions shall wear gloves |
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| 149 | 149 | | 126weighing at least 8 ounces each, unless otherwise authorized by the amateur boxing governing |
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| 150 | 150 | | 127body. During a contest, contestants in amateur mixed martial arts and other unarmed combative |
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| 151 | 151 | | 128sport matches or exhibitions shall wear gloves weighing at least 4 ounces each, unless otherwise |
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| 152 | 152 | | 129authorized by the amateur governing body. |
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| 153 | 153 | | 130 Section 8. Chapter 147 is hereby further amended by striking out section 36, as so |
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| 154 | 154 | | 131appearing, and inserting in place thereof the following section:- |
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| 155 | 155 | | 132 Section 36.(a) At every boxing, kickboxing, mixed martial arts, or other unarmed |
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| 156 | 156 | | 133combative sporting event, sparring match, or exhibition, there shall be in attendance a referee, |
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| 157 | 157 | | 134duly licensed under this section and sections 35 and 35A. There shall also be in attendance at |
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| 158 | 158 | | 135least 3 duly-licensed judges, each of whom shall, at the termination of a match or exhibition, |
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| 159 | 159 | | 136vote for the contestant in whose favor the decision should, in their opinion, be rendered, or for a |
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| 160 | 160 | | 137draw if, in their opinion, neither contestant is entitled to a decision in their favor and the decision |
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| 161 | 161 | | 138shall be rendered in favor of the contestant receiving a majority of the votes, or if neither |
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| 162 | 162 | | 139receives a majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a |
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| 163 | 163 | | 140decision, the vote of each judge shall be announced from the ring. The referee shall have full |
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| 164 | 164 | | 141power to stop the match or exhibition whenever they deem it advisable because of the physical |
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| 165 | 165 | | 142condition of a contestant, when 1 contestant is clearly outclassed by their opponent, or for any |
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| 166 | 166 | | 143other sufficient reason. The commission shall declare forfeited any prize, remuneration, or purse 8 of 10 |
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| 167 | 167 | | 144or any part thereof belonging to a contestant if, in the judgment of a majority of the |
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| 168 | 168 | | 145commissioners after consultation with the judges and the referee, the contestant was not |
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| 169 | 169 | | 146competing in good faith. The fees of the referee and other licensed officials shall be fixed by the |
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| 170 | 170 | | 147commission and shall be paid by the licensed organization prior to the match or exhibition. |
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| 171 | 171 | | 148 (b) The commission shall set forth rules and regulations for all contracts between a |
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| 172 | 172 | | 149manager and an unarmed combatant and for contracts between a promoter and an unarmed |
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| 173 | 173 | | 150combatant. An unarmed combatant shall not enter into a contract with a manager or a promoter |
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| 174 | 174 | | 151unless the contract is filed with the commission prior to a scheduled contest in the amount of |
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| 175 | 175 | | 152time set forth by the commission. The commission shall only honor contracts that are executed |
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| 176 | 176 | | 153and notarized on a form provided by the commission unless the contract terms comply with the |
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| 177 | 177 | | 154requirements set forth by the commission. |
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| 178 | 178 | | 155 (c) The commission shall have the authority and discretion to invalidate, enforce, |
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| 179 | 179 | | 156mediate, or modify all such contracts. The commission may also require that each contract |
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| 180 | 180 | | 157include language authorizing the commission to withhold any portion of the purse in the event of |
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| 181 | 181 | | 158a contractual dispute between parties regarding their entitlement to any portion of the purse. |
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| 182 | 182 | | 159 (d) The commission shall be the sole arbiter of all contract disputes and shall establish |
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| 183 | 183 | | 160rules governing the manner in which contract disputes are resolved. |
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| 184 | 184 | | 161 (e) Whoever violates any provisions in sections 32 to 51, inclusive, or who conducts |
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| 185 | 185 | | 162themselves at any time or place in a manner that is deemed by the commission to reflect discredit |
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| 186 | 186 | | 163to any unarmed combative sports, may have their license revoked and fined, suspended, or |
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| 187 | 187 | | 164otherwise disciplined in such manner as the commission may direct. 9 of 10 |
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| 188 | 188 | | 165 SECTION 9. Section 39 of chapter 147 of the General Laws, as so appearing, is hereby |
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| 189 | 189 | | 166further amended by inserting after the lines “no contestant under 18 years of age or who has |
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| 190 | 190 | | 167reached his thirty-fifth birthday shall be permitted to engage in a boxing, kickboxing, mixed |
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| 191 | 191 | | 168martial arts or other unarmed combative sport event, sparring match or exhibition, except that the |
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| 192 | 192 | | 169age requirement shall not apply to a world boxing champion who is still actively engaged as a |
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| 193 | 193 | | 170professional boxer, or to a former boxing champion of the world who has not been inactive as a |
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| 194 | 194 | | 171professional boxer for more than 2 years from the date of his last boxing contest; provided, |
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| 195 | 195 | | 172however, an amateur boxer shall be allowed to compete as such at the age of 16. At the |
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| 196 | 196 | | 173discretion of the commission, a professional boxer, kickboxer, mixed martial arts contestant or |
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| 197 | 197 | | 174other unarmed combative sport contestant who has reached his thirty-fifth birthday may be |
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| 198 | 198 | | 175permitted to engage in a match if the contestant has passed a physical examination or is |
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| 199 | 199 | | 176otherwise medically cleared to participate by a physician selected by the commission. At the |
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| 200 | 200 | | 177discretion of the commission, an amateur boxer who has reached his sixteenth birthday but has |
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| 201 | 201 | | 178not yet reached his eighteenth birthday may be licensed as a professional boxer” the following |
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| 202 | 202 | | 179words:- |
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| 203 | 203 | | 180 “Any person, irrespective of age, may participate as a contestant in an amateur contest, |
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| 204 | 204 | | 181match, or exhibition with the approval of the commission subject to Section 32, Section 34, and |
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| 205 | 205 | | 182Section 35A.” |
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| 206 | 206 | | 183 SECTION 10. Section 39 of chapter 147 of the General Laws, as so appearing, is further |
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| 207 | 207 | | 184amended by striking out the words:- |
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| 208 | 208 | | 185 “The foregoing shall not apply to courses of instruction in boxing, kickboxing, mixed |
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| 209 | 209 | | 186martial arts or other unarmed combative sport sponsored and conducted by recognized boys and 10 of 10 |
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| 210 | 210 | | 187girls clubs, youth organizations, private clubs and athletic associations, schools or colleges, |
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| 211 | 211 | | 188municipal or state park or recreational departments, law enforcement organizations or |
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| 212 | 212 | | 189incorporated, private, nonprofit boxing teams, under the supervision of qualified instructors and |
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| 213 | 213 | | 190directors.” |
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| 214 | 214 | | 191 SECTION 11. Chapter 147 is hereby further amended by striking out section 39B, as so |
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| 215 | 215 | | 192appearing, and inserting in place thereof the following section:- |
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| 216 | 216 | | 193 Section 39B. A person licensed under section 32 to conduct boxing, kickboxing, mixed |
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| 217 | 217 | | 194martial arts or other unarmed combative sports events, sparring matches or exhibitions, except |
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| 218 | 218 | | 195those persons to whom a special license may be granted thereunder without the requirement of a |
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| 219 | 219 | | 196bond or payment of the annual fee, shall take out a policy of accident insurance on each |
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| 220 | 220 | | 197contestant participating in the match or exhibition in an amount determined by the commission, |
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| 221 | 221 | | 198but no less than $10,000, to compensate the person for medical and hospital expenses incurred as |
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| 222 | 222 | | 199the result of injuries received in such match or exhibition and a policy in an amount determined |
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| 223 | 223 | | 200by the commission, but no less than $100,000, to be paid to the estate of the deceased contestant |
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| 224 | 224 | | 201in the event of death to the contestant resulting from participation in the match or exhibition. The |
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| 225 | 225 | | 202licensee shall be responsible for paying the premiums on such policies. |
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| 226 | 226 | | 203 SECTION 12. Chapter 147 is hereby further amended by striking out section 50A in its |
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| 227 | 227 | | 204entirety. |
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