Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2381 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2511 FILED ON: 3/16/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2381
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael D. Brady
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 :Michael D. BradySecond Plymouth and Norfolk 1 of 6
16	16	SENATE DOCKET, NO. 2511 FILED ON: 3/16/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2381
18	18	By Mr. Brady, a petition (accompanied by bill) (subject to Joint Rule 12) of Michael D. Brady
19	19	for legislation to establish boxer protection and a safe and regulated environment for professional
20	20	combat sports in Massachusetts. Public Safety and Homeland Security.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act establishing boxer protection.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 12 of Chapter 22 of the General Laws, as amended by section 28 of
30	30	2chapter 39 of the acts of 2021, is hereby repealed.
31	31	3 SECTION 2. Section 4 of chapter 23K of the General Laws, as amended by section 4 of
32	32	4chapter 173 of the acts of 2022, is hereby amended by adding the following clause:-
33	33	5 43) oversight and regulation of the state athletic commission as established in section
34	34	632A of chapter 147.
35	35	7 SECTION 3. Chapter 29 of the General Laws is hereby amended by striking out section
36	36	82AAAA, as amended by section 34 of chapter 39 of the acts of 2021, and inserting in place
37	37	9thereof the following section:-
38	38	10 Section 2AAAA. There shall be established and set up on the books of the
39	39	11commonwealth a separate fund to be known as the State Athletic Commission Fund, in this 2 of 6
40	40	12section referred to as the fund, to be administered by the Massachusetts gaming commission,
41	41	13established in section 32A of chapter 147. The fund shall consist of any monies from licensing
42	42	14fees or other fees and fines collected under sections 32 to 35, inclusive, sections 40, 40A and 42
43	43	15of chapter 147 and section 12 of chapter 265. The comptroller shall transfer $750,000 each fiscal
44	44	16year to the fund and such amount shall not be subject to further appropriation. The funds shall be
45	45	17available for the costs of operating and administering the state athletic commission. For the
46	46	18purposes of accommodating discrepancies between the receipt of retained revenues and related
47	47	19expenditures, the state athletic commission may incur expense and the comptroller may certify
48	48	20for payment amounts not to exceed the lower of this authorization or the most recent revenue
49	49	21estimate as reported in the state accounting system.
50	50	22 SECTION 4. Section 32 of chapter 147 of the General Laws, as appearing in the 2020
51	51	23Official Edition, is hereby amended by striking out, in lines 7 and 8, the words “section 12 of
52	52	24chapter 22” and inserting in place thereof the following words:- section 32A.
53	53	25 SECTION 5. Said chapter 147, as so appearing, is hereby amended by inserting after
54	54	26section 32 the following section:-
55	55	27 Section 32A. (a) For the purposes of this section the following term shall, unless the
56	56	28context clearly requires otherwise, have the following meaning:
57	57	29 “Background”, a minimum of 10 years of documented experience in professional
58	58	30unarmed combative sports including, but not limited to: a professional combatant, a licensed
59	59	31promoter, a licensed manager, a licensed referee, a licensed judge or regulator.
60	60	32 (b)(1) There shall be in the Massachusetts gaming commission a commission, to be
61	61	33known as the state athletic commission, which shall consist of the chair of the Massachusetts 3 of 6
62	62	34gaming commission or their designee and 4 persons to be appointed by the governor who shall
63	63	35serve for terms of 3 years. At least 1 person shall have a background in the sport of boxing and at
64	64	36 least 1 person shall have a background in the sport of mixed martial arts, muay thai or
65	65	37kickboxing. The governor shall from time to time designate 1 member as chair.
66	66	38 (2) The commission shall appoint an executive director. The executive director shall: (i)
67	67	39serve at the pleasure of the commission; (ii) receive a salary as may be determined by the
68	68	40commission; (iii) devote their full time and attention to the duties of the commission; (iv) be a
69	69	41person with skills and experience in management; (v) be the executive and administrative head
70	70	42of the commission; (vi) be responsible for administering and enforcing the provisions of law
71	71	43relative to the commission and to each administrative unit thereof; (vii) have the authority to hire
72	72	44staff that will serve at the pleasure of the commission; and (viii) have a background in the sport
73	73	45of boxing, mixed martial arts, muay thai or kickboxing.
74	74	46 (3) The members of the commission shall receive their traveling expenses necessarily
75	75	47incurred in the performance of their duties and shall be allowed such sums for clerical assistance
76	76	48as the commission may approve. The Massachusetts gaming commission shall provide
77	77	49administrative support to the commission. The commission may deputize 1 or more persons to
78	78	50represent the commission and to be present at a match or exhibition held under sections 32 to 51,
79	79	51inclusive, of chapter 147; provided, however, that such deputies shall be compensated in the
80	80	52amount fixed by the commission for each match or exhibition attended pursuant to this section;
81	81	53provided further, that the commission may approve that deputies receive compensation for travel
82	82	54and incidental expenses necessarily incurred in the discharge of their duties. 4 of 6
83	83	55 SECTION 6. Said chapter 147 is hereby amended by striking out section 34, as so
84	84	56appearing, and inserting in place thereof the following section:-
85	85	57 Section 34. No license as aforesaid shall be granted unless the licensee has executed and
86	86	58filed with the commission a bond in a penal sum of $50,000, with such surety or sureties as shall
87	87	59be satisfactory to the commission, running to the commission, conditioned upon the payment to
88	88	60the commonwealth of the sums mentioned in section 40, and upon faithful compliance by the
89	89	61licensee with the provisions of sections 32 to 47, inclusive, the rules and regulations of the
90	90	62commission, and with such other laws of the commonwealth as may be applicable to anything
91	91	63done by the licensee in pursuance of the license. The commission may enforce the terms of the
92	92	64bond for the use and benefit of any person who may suffer loss by reason of the failure by the
93	93	65licensee to carry out terms of the bout agreement or due to acts of the licensee determined to be
94	94	66detrimental to combat sports. The bond shall also provide for a forfeiture to the commonwealth,
95	95	67recoverable at the suit of the attorney general, of such sum, not exceeding $10,000, as may be
96	96	68stipulated in the bond for each case of non-compliance.
97	97	69 SECTION 7. Said chapter 147 is hereby amended by striking out section 36, as so
98	98	70appearing, and inserting in place thereof the following section:-
99	99	71 Section 36. (1) At every boxing, kickboxing, mixed martial arts or other unarmed
100	100	72combative sporting event, sparring match or exhibition there shall be in attendance a referee,
101	101	73duly licensed under this section and sections 35 and 35A. There shall also be in attendance at
102	102	74least 3 duly-licensed judges, each of whom shall, at the termination of a match or exhibition,
103	103	75vote for the contestant in whose favor the decision should, in their opinion, be rendered or, for a
104	104	76draw if, in their opinion, neither contestant is entitled to a decision in their favor and the decision 5 of 6
105	105	77shall be rendered in favor of the contestant receiving a majority of the votes or, if neither
106	106	78receives a majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a
107	107	79decision, the vote of each judge shall be announced from the ring. The referee shall have full
108	108	80power to stop the match or exhibition whenever they deem it advisable because of the physical
109	109	81condition of a contestant or when 1 contestant is clearly outclassed by their opponent or for other
110	110	82sufficient reason.
111	111	83 (2) The commission shall set forth rules and regulations for contracts between a manager
112	112	84and an unarmed combatant and contracts between a promoter and an unarmed combatant. An
113	113	85unarmed combatant may not enter into a contract with a manager or a promoter unless it is filed
114	114	86with the commission prior to a scheduled contest in an amount time set forth by the commission.
115	115	87The commission shall only honor a contract that is executed and notarized on a form provided by
116	116	88the commission, unless the terms of the contract comply with the requirements set forth by the
117	117	89commission.
118	118	90 (3) The commission shall be the sole arbiter of a breach of contract and may establish
119	119	91rules governing breach of contract dispute resolution. If during a contest, a contestant is believed
120	120	92to not be competing in good faith, a member of the commission or their designee shall withhold
121	121	93any prize, remuneration or purse until a hearing can be held. The commission shall at a hearing
122	122	94following the contest declare forfeited any prize, remuneration or purse or any part thereof,
123	123	95belonging to a contestant if, in the judgment of a majority of the commissioners, after
124	124	96consultation with the judges and the referee, the contestant was not competing in good faith.
125	125	97 (4) Whoever violates any provisions in sections 32 to 51, inclusive, or who conducts
126	126	98themselves at any time or place in a manner which is deemed by the commission to reflect 6 of 6
127	127	99discredit to any unarmed combative sports, may have their license revoked and fined, suspended
128	128	100or otherwise disciplined in such manner as the commission may direct.