1 | 1 | | 1 of 34 |
---|
2 | 2 | | FILED ON: 2/6/2024 |
---|
3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2601 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _______________ |
---|
6 | 6 | | In the One Hundred and Ninety-Third General Court |
---|
7 | 7 | | (2023-2024) |
---|
8 | 8 | | _______________ |
---|
9 | 9 | | An Act establishing boxer protection. |
---|
10 | 10 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
11 | 11 | | of the same, as follows: |
---|
12 | 12 | | 1 SECTION 1. Section 12 of chapter 22 of the General Laws, as appearing in the 2022 |
---|
13 | 13 | | 2Official Edition, is hereby repealed. |
---|
14 | 14 | | 3 SECTION 2. Section 17 of chapter 23N of the General Laws, as so appearing, is hereby |
---|
15 | 15 | | 4amended in paragraph (2) by striking the figure “17.5” and inserting in place thereof the |
---|
16 | 16 | | 5following:- “16.5”. |
---|
17 | 17 | | 6 SECTION 3. Said section 17 of said chapter 23N, as so appearing, is hereby further |
---|
18 | 18 | | 7amended in paragraph (3) by striking the figure “27.5” and inserting in place thereof the |
---|
19 | 19 | | 8following:- “25.5”. |
---|
20 | 20 | | 9 SECTION 4. Said section 17 of said chapter 23N, as so appearing, is hereby further |
---|
21 | 21 | | 10amended in paragraph (4) by striking the figure “1” and inserting in place thereof the following:- |
---|
22 | 22 | | 11“4”. 2 of 34 |
---|
23 | 23 | | 12 SECTION 5. Section 19 of said chapter 23N, as amended by section 13 of chapter 2 of |
---|
24 | 24 | | 13the Acts of 2023, is hereby further amended in line 58 by striking the word “and” the second |
---|
25 | 25 | | 14time it appears. |
---|
26 | 26 | | 15 SECTION 6. Said section 19 of said chapter 23N, as so appearing, is hereby further |
---|
27 | 27 | | 16amended in paragraph (3) by inserting at the end thereof the following:- |
---|
28 | 28 | | 17 “; and |
---|
29 | 29 | | 18 (4) For a transfer to the State Athletic Commission Fund established pursuant to section |
---|
30 | 30 | | 192AAAA of chapter 29 for the purpose of rebalancing any lost revenue from licensing fees |
---|
31 | 31 | | 20waived in accordance with section 24 of chapter 23O”. |
---|
32 | 32 | | 21 SECTION 7. The General Laws, as appearing in the 2022 Official Edition, are hereby |
---|
33 | 33 | | 22amended by inserting after chapter 23N the following new chapter:- |
---|
34 | 34 | | 23 Chapter 23O. The Massachusetts State Athletic Commission |
---|
35 | 35 | | 24 Section 1. Definitions. |
---|
36 | 36 | | 25 As used in this chapter, the following words shall have the following meanings unless the |
---|
37 | 37 | | 26context clearly requires otherwise: |
---|
38 | 38 | | 27 “Affiliate”, a person who directly or indirectly controls, or is controlled by, or is under |
---|
39 | 39 | | 28common control with, a specified person. |
---|
40 | 40 | | 29 “Boxing”, the art of attack and defense with gloved fists practiced as a sport limited to |
---|
41 | 41 | | 30legal blows above the waist and on the front or sides of the opponent. 3 of 34 |
---|
42 | 42 | | 31 “Business”, a corporation, sole proprietorship, partnership, limited liability company or |
---|
43 | 43 | | 32any other organization formed for the purpose of carrying on a commercial enterprise. |
---|
44 | 44 | | 33 “Chair”, the chair of the commission. |
---|
45 | 45 | | 34 “Combat sports background”, a minimum of 10 years of documented experience in |
---|
46 | 46 | | 35professional unarmed combative sports including, but not limited to: (i) a professional |
---|
47 | 47 | | 36combatant, (ii) a licensed promoter, (iii) a licensed manager, (iv) a licensed referee, (v) a |
---|
48 | 48 | | 37licensed judge or (vi) regulator. |
---|
49 | 49 | | 38 “Commission”, the Massachusetts state athletic commission established in section 2. |
---|
50 | 50 | | 39 “Executive director”, the executive director of the Massachusetts state athletic |
---|
51 | 51 | | 40commission. |
---|
52 | 52 | | 41 “Kickboxing”, a form of competition in which a person delivers blows with any part of |
---|
53 | 53 | | 42the arm below the shoulder, including the hand and any part of the leg below the hip, including |
---|
54 | 54 | | 43the foot. |
---|
55 | 55 | | 44 “Mixed martial arts”, any form of unarmed combat involving the use of a combination of |
---|
56 | 56 | | 45techniques including, but not limited to, grappling, kicking and striking, commonly associated |
---|
57 | 57 | | 46with boxing, kickboxing, wrestling and various disciplines of the martial arts including, but not |
---|
58 | 58 | | 47limited to, karate, kung fu, tae kwon-do, Jiu-Jitsu or any combination thereof. |
---|
59 | 59 | | 48 “Person”, an individual, corporation, association, operation, firm, partnership, trust or |
---|
60 | 60 | | 49other form of business association. |
---|
61 | 61 | | 50 “Toughman”, a boxing or unarmed combative sporting match or exhibition in which |
---|
62 | 62 | | 51combatants do not qualify for licensure by the commission as a professional combatant or for 4 of 34 |
---|
63 | 63 | | 52amateur status by a commission-approved amateur organization; provided, however, that |
---|
64 | 64 | | 53“toughman” shall not include matches or exhibitions conducted pursuant to section 22. |
---|
65 | 65 | | 54 “Unarmed combative sport”, any form of competition in which a blow is usually struck |
---|
66 | 66 | | 55which may reasonably be expected to inflict injury and no weapon is used; provided, however, |
---|
67 | 67 | | 56that “unarmed combative sport” shall not include professional wrestling. |
---|
68 | 68 | | 57 “Youth sport”, any organized physical activity or athletic or sporting event in which the |
---|
69 | 69 | | 58team or contestants are predominantly under the age of 18; provided, however, that “youth |
---|
70 | 70 | | 59sports” shall not include, for the purposes of this chapter, any athletic or sporting event subject to |
---|
71 | 71 | | 60the rules and regulations promulgated by the Massachusetts Interscholastic Athletic Association, |
---|
72 | 72 | | 61Middle Level Athletic Committee of the Massachusetts School Administrators Association, |
---|
73 | 73 | | 62National Collegiate Athletic Association or other governing body as determined by the |
---|
74 | 74 | | 63commission. |
---|
75 | 75 | | 64 “Youth sports background”, expertise in general athletics and youth sports; provided, |
---|
76 | 76 | | 65however, that relevant experience may include, but not be limited to: (i) a prior role as athletic |
---|
77 | 77 | | 66director in an educational setting or as program director of a youth sports program, or (ii) |
---|
78 | 78 | | 67significant academic study in physical education or youth development. |
---|
79 | 79 | | 68 Section 2. Massachusetts state athletic commission; duty, qualification, term and |
---|
80 | 80 | | 69compensation of commissioners; divisions; executive leadership. |
---|
81 | 81 | | 70 (a) There shall be a Massachusetts state athletic commission which shall consist of 5 |
---|
82 | 82 | | 71commissioners to be appointed by the governor, at least 1 of whom shall have a combat sports |
---|
83 | 83 | | 72background in the sport of boxing, at least 1 of whom shall have a combat sports background in 5 of 34 |
---|
84 | 84 | | 73the sport of mixed martial arts, muay thai or kickboxing and at least 2 of whom shall have a |
---|
85 | 85 | | 74youth sports background. The governor shall designate the chair of the commission. |
---|
86 | 86 | | 75 (b) Each commissioner shall serve for a term of 5 years or until a successor is appointed |
---|
87 | 87 | | 76and shall be eligible for reappointment. A person appointed to fill a vacancy in the office of a |
---|
88 | 88 | | 77commissioner shall be appointed in a like manner and shall serve for only the unexpired term of |
---|
89 | 89 | | 78such commissioner. The governor may remove a commissioner if the commissioner: (i) is guilty |
---|
90 | 90 | | 79of malfeasance in office; (ii) substantially neglects the duties of a commissioner; (iii) is unable to |
---|
91 | 91 | | 80discharge the powers and duties of the commissioner’s office; or (iv) commits gross misconduct. |
---|
92 | 92 | | 81 (c) Three commissioners shall constitute a quorum and the affirmative vote of 3 |
---|
93 | 93 | | 82commissioners shall be required for an action of the commission; provided, however, that the |
---|
94 | 94 | | 83affirmative vote of at least 1 commissioner with a youth sports background shall be required for |
---|
95 | 95 | | 84any action of the commission with regard to the youth sports division. The chair or 3 members of |
---|
96 | 96 | | 85the commission may call a meeting; provided, however, that notice of all meetings shall be given |
---|
97 | 97 | | 86to each commissioner and to other persons who request such notice. The commission shall adopt |
---|
98 | 98 | | 87regulations establishing procedures, which may include electronic communications, by which a |
---|
99 | 99 | | 88request to receive notice shall be made and the method by which timely notice may be given. |
---|
100 | 100 | | 89 (d) Commissioners shall receive salaries not greater than three quarters of the salary of |
---|
101 | 101 | | 90the commissioner of administration under section 4 of chapter 7; provided, however, that the |
---|
102 | 102 | | 91chair shall receive a salary equal to the salary of the commissioner of administration. |
---|
103 | 103 | | 92Commissioners shall devote their full time and attention to the duties of their office. |
---|
104 | 104 | | 93 (e) Commissioners shall receive compensation for traveling expenses necessarily |
---|
105 | 105 | | 94incurred in the performance of their duties and shall be allowed such sums for clerical assistance 6 of 34 |
---|
106 | 106 | | 95as the commission may approve; provided, however, that the commission may designate 1 or |
---|
107 | 107 | | 96more employees to represent the commission at any match or exhibited held under this chapter; |
---|
108 | 108 | | 97provided further, that the commission may approve that such employee receives compensation |
---|
109 | 109 | | 98for travel and incidental expenses necessarily incurred in the discharge of their duties; and |
---|
110 | 110 | | 99provided further, that the commission shall establish a comprehensive employee accountability |
---|
111 | 111 | | 100and internal control system that closely aligns with the human resources division’s rules and |
---|
112 | 112 | | 101policies established pursuant to section 28 of chapter 7 for employees and managers not subject |
---|
113 | 113 | | 102to collective bargaining under chapter 150E which takes into account rates set by the United |
---|
114 | 114 | | 103States General Services Administration for similar services when determining the maximum |
---|
115 | 115 | | 104reimbursable rate for such travel and incidental expenses. |
---|
116 | 116 | | 105 (f) The commission shall annually elect 1 of its members to serve as secretary and 1 of its |
---|
117 | 117 | | 106members to serve as treasurer. The secretary shall keep a record of the proceedings of the |
---|
118 | 118 | | 107commission and shall be the custodian and keeper of the records of all books, documents and |
---|
119 | 119 | | 108papers filed by the commission and of its minute book. The secretary shall cause copies to be |
---|
120 | 120 | | 109made of all minutes and other records and documents of the commission and shall certify that |
---|
121 | 121 | | 110such copies are true copies, and all persons dealing with the commission may rely upon such |
---|
122 | 122 | | 111certification. No funds shall be transferred by the commission without the approval of the |
---|
123 | 123 | | 112commission and the signature of the treasurer. |
---|
124 | 124 | | 113 (g) The chair shall have and exercise supervision and control over all the affairs of the |
---|
125 | 125 | | 114commission. The chair shall preside at all hearings at which the chair is present and shall |
---|
126 | 126 | | 115designate a commissioner to act as chair in the chair’s absence. To promote efficiency in |
---|
127 | 127 | | 116administration, the chair shall, from time to time, make such division or re-division of the work |
---|
128 | 128 | | 117of the commission among the commissioners as the chair deems expedient. 7 of 34 |
---|
129 | 129 | | 118 (h) All of the commissioners shall, if so directed by the chair, participate in the hearing |
---|
130 | 130 | | 119and decision of any matter before the commission; provided, however, that at least 2 |
---|
131 | 131 | | 120commissioners shall participate in the hearing and decision of matters other than those of formal |
---|
132 | 132 | | 121or administrative character coming before the commission; provided further, that at least 1 |
---|
133 | 133 | | 122commissioner with a youth sports background shall participate in any such matters concerning |
---|
134 | 134 | | 123youth sports; and provided further, that any such matter may be heard, examined and |
---|
135 | 135 | | 124investigated by an employee of the commission designed and assigned by the chair, with the |
---|
136 | 136 | | 125concurrence of 1 other commissioner. Such employee shall make a report in writing relative to |
---|
137 | 137 | | 126the hearing, examination and investigation of every such matter to the commission for its |
---|
138 | 138 | | 127decision. For the purposes of hearing, examining and investigating any such matter, such |
---|
139 | 139 | | 128employee shall have all of the powers conferred upon a commissioner by this section. For each |
---|
140 | 140 | | 129hearing, the concurrence of a majority of the commissions participating in the decision shall be |
---|
141 | 141 | | 130necessary. |
---|
142 | 142 | | 131 (i) The commission shall appoint an executive director. The executive director shall serve |
---|
143 | 143 | | 132at the pleasure of the commission, shall receive such salary as may be determined by the |
---|
144 | 144 | | 133commission, and shall devote full time and attention to the duties of the office. The executive |
---|
145 | 145 | | 134director shall be a person with skill and experience in management and shall be the executive and |
---|
146 | 146 | | 135administrative head of the commission. The executive director shall be responsible for |
---|
147 | 147 | | 136administering and enforcing the provisions of law relative to the commission and to each |
---|
148 | 148 | | 137administrative unit thereof and shall serve as the commission’s liaison to the governor and |
---|
149 | 149 | | 138general court. |
---|
150 | 150 | | 139 (j) The executive director may, from time to time and subject to the approval of the |
---|
151 | 151 | | 140commission, establish within the commission such administrative units as may be necessary for 8 of 34 |
---|
152 | 152 | | 141the efficient and economical administration of the commission and, when necessary for such |
---|
153 | 153 | | 142purpose, may abolish any such administrative unit or may merge any 2 or more units; provided, |
---|
154 | 154 | | 143however, that the commission shall at all times retain a division of combat sports responsible for |
---|
155 | 155 | | 144discharging the duties of sections 4 to 23, inclusive, and a division of youth sports responsible |
---|
156 | 156 | | 145for discharging the duties of section 24. The executive director shall prepare and keep current a |
---|
157 | 157 | | 146plan of organization of the commission, of the assignment of its functions to its various |
---|
158 | 158 | | 147administrative units, office and employees and of the place at which and the methods by which |
---|
159 | 159 | | 148the public may receive information or make requests. A current copy of the plan of organization |
---|
160 | 160 | | 149shall be kept on file with the state secretary and in the office of the secretary of administration |
---|
161 | 161 | | 150and finance. |
---|
162 | 162 | | 151 (k) The executive director shall appoint and employ the following positions: |
---|
163 | 163 | | 152 (i) General counsel, who shall provide legal advice, ensure adherence to all applicable |
---|
164 | 164 | | 153general and special laws and represent the commission in legal proceedings; |
---|
165 | 165 | | 154 (ii) A compliance officer, who shall monitor adherence to any applicable state regulations |
---|
166 | 166 | | 155at all events licensed by the commission, collaborate with promoters and ensure that events align |
---|
167 | 167 | | 156with licensing agreements entered into under this chapter; provided, however, that the |
---|
168 | 168 | | 157compliance officer shall have a combat sports background or experience in regulatory roles |
---|
169 | 169 | | 158within athletics; |
---|
170 | 170 | | 159 (iii) A chief of communications and economic development, who shall prioritize national |
---|
171 | 171 | | 160promotion, venue support, strategic partnerships, public relations, economic impact analysis, |
---|
172 | 172 | | 161community development or any duties as may be assigned by the executive director; 9 of 34 |
---|
173 | 173 | | 162 (iv) A chief of the combat sports division, who shall have a combat sports background in |
---|
174 | 174 | | 163the commonwealth; and |
---|
175 | 175 | | 164 (v) A chief of the youth sports division, who shall have a youth sports background in the |
---|
176 | 176 | | 165commonwealth. |
---|
177 | 177 | | 166 (l) The executive director may, subject to the approval of the commission, employ |
---|
178 | 178 | | 167additional employees, consultants, agents and advisors and shall attend meetings of the |
---|
179 | 179 | | 168commission. In the case of an absence of vacancy in the office of the executive director or in the |
---|
180 | 180 | | 169case of disability as determined by the commission, the commission may designate an active |
---|
181 | 181 | | 170executive director to serve as executive director until the vacancy is filled or the absence or |
---|
182 | 182 | | 171disability ceases. The acting executive director shall have all of the powers and duties of the |
---|
183 | 183 | | 172executive director and shall have similar qualification as the executive director. |
---|
184 | 184 | | 173 (m) The executive director may appoint such persons as the executive director shall |
---|
185 | 185 | | 174consider necessary to perform the functions of the commission; provided, however, that chapter |
---|
186 | 186 | | 17531 and section 9A of chapter 30 shall not apply to commission employees. If an employee |
---|
187 | 187 | | 176serving in a position which is classified under said chapter 31 or in which an employee has |
---|
188 | 188 | | 177tenure by reason of said section 9A of said chapter 30 shall be appointed to a position within the |
---|
189 | 189 | | 178commission which is not subject to said chapter 31, the employee shall, upon termination of |
---|
190 | 190 | | 179service in such position, be restored to the position which the employee held immediately prior |
---|
191 | 191 | | 180to such appointment; provided however, that the employee’s service in such position shall be |
---|
192 | 192 | | 181determined by the civil service commission in accordance with the standards applied by that |
---|
193 | 193 | | 182commission in administering said section 9A of said chapter 30 and without loss of seniority, |
---|
194 | 194 | | 183retirement or other rights to which uninterrupted service in such prior position would have 10 of 34 |
---|
195 | 195 | | 184entitled such employee. During the period of such appointment, each person so appointed from a |
---|
196 | 196 | | 185position in the classified civil service shall be eligible to take any competitive promotional |
---|
197 | 197 | | 186examination for which such person would otherwise have been eligible. Employees of the |
---|
198 | 198 | | 187commission, including employees working in the bureau, shall be classified as group 1 pursuant |
---|
199 | 199 | | 188to paragraph (g) of subdivision (2) of section 3 of chapter 32. |
---|
200 | 200 | | 189 (n) (1) The commission shall require a prospective employee to: (i) submit an application |
---|
201 | 201 | | 190and a personal disclosure on a form prescribed by the commission which shall include a |
---|
202 | 202 | | 191complete criminal history, including convictions and current charges for all felonies and |
---|
203 | 203 | | 192misdemeanors; (ii) undergo testing which detects the presence of illegal substances in the body; |
---|
204 | 204 | | 193(iii) provide fingerprints and a photograph consistent with standards adopted by the state police; |
---|
205 | 205 | | 194and (iv) provide authorization for the commission to conduct a background check. The |
---|
206 | 206 | | 195commission shall verify the identification, employment and education of each prospective |
---|
207 | 207 | | 196employee, including: (i) legal name, including any alias; (ii) all secondary and post-secondary |
---|
208 | 208 | | 197educational institutions attended regardless of graduation status; and (iii) employment history. |
---|
209 | 209 | | 198 (2) The commission shall not hire a prospective employee if the prospective employee |
---|
210 | 210 | | 199has: (i) been convicted of any felony or misdemeanor involving a minor; (ii) had prior |
---|
211 | 211 | | 200involvement with any violation of the provisions of chapters 23K or 23N; (iii) been dismissed |
---|
212 | 212 | | 201from prior employment for gross misconduct or incompetence; or (iv) intentionally made a false |
---|
213 | 213 | | 202statement concerning a material fact in connection with the prospective employee’s application |
---|
214 | 214 | | 203to the commission. If an employee is charged with a felony or misdemeanor while employed by |
---|
215 | 215 | | 204the commission, the commission shall suspend the employee, with or without pay, and may |
---|
216 | 216 | | 205terminate employment with the commission upon conviction if, in the discretion of the 11 of 34 |
---|
217 | 217 | | 206commission, the offense for which the employee has been convicted bears a close relationship to |
---|
218 | 218 | | 207the duties and responsibilities of the position held with the commission. |
---|
219 | 219 | | 208 (o) Chapters 268A and 268B shall apply to the commissioners and to employees of the |
---|
220 | 220 | | 209commission; provided, however, that the commission shall establish a code of ethics for all |
---|
221 | 221 | | 210members and employees that shall be at least as restrictive as said chapters 268A and 268B. A |
---|
222 | 222 | | 211copy of the code shall be filed with the state ethics commission. The code shall include |
---|
223 | 223 | | 212provisions reasonably necessary to carry out the purposes of this chapter and any other laws |
---|
224 | 224 | | 213subject to the jurisdiction of the commission including, but not limited to: (i) prohibiting the |
---|
225 | 225 | | 214receipt of gifts by commissioners and employees from any combat sports or youth sports |
---|
226 | 226 | | 215licensee, affiliate or other person or entity subject to the jurisdiction of the commission; (ii) |
---|
227 | 227 | | 216prohibiting the participation by commissioners and employees in a particular matter as defined in |
---|
228 | 228 | | 217section 1 of said chapter 268A that affects the financial interest of a relative within the third |
---|
229 | 229 | | 218degree of consanguinity or a person with whom such commissioner or employee has a significant |
---|
230 | 230 | | 219relationship as defined in the code; and (iii) providing for recusal of a commissioner in any |
---|
231 | 231 | | 220decision of the commission due to a potential or perceived conflict of interest; provided, |
---|
232 | 232 | | 221however, that a commissioner’s or employee’s involvement with a youth sports team or |
---|
233 | 233 | | 222organization shall not be cause for a conflict of interest if said commissioner or employee is |
---|
234 | 234 | | 223involved solely as the parent of an athlete, a volunteer coach, or a volunteer trainer; and provided |
---|
235 | 235 | | 224further, that any such relationship shall be disclosed to the state ethics commission. |
---|
236 | 236 | | 225 (p) No employee of the commission shall pursue any other business or occupation or |
---|
237 | 237 | | 226other gainful employment outside of the commission without the prior written approval of the |
---|
238 | 238 | | 227commission that such employment will not interfere or be in conflict with the employee’s duties |
---|
239 | 239 | | 228to the commission. 12 of 34 |
---|
240 | 240 | | 229 (q) No commissioner shall hold a direct or indirect interest in, or be employed by, a |
---|
241 | 241 | | 230person licensed by the commission for a period of 3 years after the termination of employment |
---|
242 | 242 | | 231with the commission. |
---|
243 | 243 | | 232 (r) No employee of the commission shall acquire an interest in, or accept employment |
---|
244 | 244 | | 233with, a person licensed by the commission for a period of 1 year after the termination of |
---|
245 | 245 | | 234employment with the commission. |
---|
246 | 246 | | 235 (s) The commissioners and those employees holding major policymaking positions shall |
---|
247 | 247 | | 236be sworn to the faithful performance of their official duties. The commissioners and those |
---|
248 | 248 | | 237employees holding major policymaking positions shall: (i) conduct themselves in a manner so as |
---|
249 | 249 | | 238to render decisions that are fair and impartial and in the public interest; (ii) avoid impropriety and |
---|
250 | 250 | | 239the appearance of impropriety in all matters under their jurisdiction; (iii) avoid all prohibited |
---|
251 | 251 | | 240communications; (iv) require staff and personnel subject to their direction and control to observe |
---|
252 | 252 | | 241the same standards of fidelity and diligence; (v) disqualify themselves from proceedings in |
---|
253 | 253 | | 242which their impartiality might reasonably be questioned; and (vi) refrain from financial or |
---|
254 | 254 | | 243business dealings which would tend to reflect adversely on impartiality. |
---|
255 | 255 | | 244 (t) Neither the commission nor any of its officers, agents, employees, consultants or |
---|
256 | 256 | | 245advisors shall be subject to sections 9A, 45, 46 and 52 of chapter 30, chapter 31 or to chapter 200 |
---|
257 | 257 | | 246of the acts of 1976. |
---|
258 | 258 | | 247 (u) The Massachusetts state athletic commission shall be a commission for the purposes |
---|
259 | 259 | | 248of section 3 of chapter 12. |
---|
260 | 260 | | 249 Section 3. Powers of the commission. 13 of 34 |
---|
261 | 261 | | 250 The commission shall have all powers necessary or convenient to carry out and effectuate |
---|
262 | 262 | | 251its purposes including, but not limited to, the power to: |
---|
263 | 263 | | 252 (1) appoint officers and hire employees; |
---|
264 | 264 | | 253 (2) establish, and from time to time amend, a plan of organization that it considers |
---|
265 | 265 | | 254expedient; |
---|
266 | 266 | | 255 (3) execute all instruments necessary or convenient for accomplishing the purposes of |
---|
267 | 267 | | 256this chapter; |
---|
268 | 268 | | 257 (4) enter into agreements or other transactions with a person, including, but not limited |
---|
269 | 269 | | 258to, a public entity or other governmental instrumentality or authority in connection with its |
---|
270 | 270 | | 259powers and duties under this chapter; |
---|
271 | 271 | | 260 (5) appear on its own behalf before boards, commissions, departments or other agencies |
---|
272 | 272 | | 261of municipal, state or federal government; |
---|
273 | 273 | | 262 (6) apply for and accept subventions, grants, loans, advances and contributions of money, |
---|
274 | 274 | | 263property, labor or other things of value from any source, to be held, used and applied for its |
---|
275 | 275 | | 264purposes; |
---|
276 | 276 | | 265 (7) provide and pay for advisory services and technical assistance that may be necessary |
---|
277 | 277 | | 266in its judgment to carry out this chapter and fix the compensation of persons providing such |
---|
278 | 278 | | 267services or assistance; |
---|
279 | 279 | | 268 (8) prepare, publish and distribute, with or without charge as the commission may |
---|
280 | 280 | | 269determine, such studies, reports, bulletins and other materials as the commission considers |
---|
281 | 281 | | 270appropriate; 14 of 34 |
---|
282 | 282 | | 271 (9) require an applicant for a position which requires a license under this chapter to apply |
---|
283 | 283 | | 272for such license and approve or disapprove any such application or other transactions, events and |
---|
284 | 284 | | 273processes as provided in this chapter; |
---|
285 | 285 | | 274 (10) deny an application or limit, condition, restrict, revoke or suspend a license, |
---|
286 | 286 | | 275registration, finding of suitability or approval, or fine a person licensed, registered, found |
---|
287 | 287 | | 276suitable or approved for any cause that the commission deems reasonable; |
---|
288 | 288 | | 277 (11) gather facts and information applicable to the commission’s obligation to issue, |
---|
289 | 289 | | 278suspend or revoke licenses, work permits or registrations for: (i) a violation of this chapter or any |
---|
290 | 290 | | 279regulation adopted by the commission; (ii) willfully violating an order of the commission |
---|
291 | 291 | | 280directed to a licensee; (iii) the conviction of a criminal offense; or (iv) the violation of any other |
---|
292 | 292 | | 281offense which would disqualify such a licensee from holding a license, work permit or |
---|
293 | 293 | | 282registration; |
---|
294 | 294 | | 283 (12) conduct investigations into the qualifications of all applicants for employment by the |
---|
295 | 295 | | 284commission and by any regulated entity and all applications for licensure; |
---|
296 | 296 | | 285 (13) request and receive from the state police, the criminal history systems board or other |
---|
297 | 297 | | 286criminal justice agencies including, but not limited to, the Federal Bureau of Investigation and |
---|
298 | 298 | | 287the Internal Revenue Service, such criminal offender record information relating to criminal and |
---|
299 | 299 | | 288background investigations as necessary for the purpose of evaluating employees of, and |
---|
300 | 300 | | 289applicants for employment by, the commission and any regulated entity, and evaluating licensees |
---|
301 | 301 | | 290and applicants for licensure under this chapter; |
---|
302 | 302 | | 291 (14) levy and collect assessments, fees and fines and impose penalties and sanctions for a |
---|
303 | 303 | | 292violation of this chapter or any regulations promulgating by the commission; 15 of 34 |
---|
304 | 304 | | 293 (15) collect taxes and fees under this chapter; |
---|
305 | 305 | | 294 (16) restrict, suspend or revoke licenses issued under this chapter; |
---|
306 | 306 | | 295 (17) conduct adjudicatory proceedings and promulgate regulations in accordance with |
---|
307 | 307 | | 296chapter 30A; |
---|
308 | 308 | | 297 (18) refer cases for criminal prosecution to the appropriate federal, state or local |
---|
309 | 309 | | 298resources; |
---|
310 | 310 | | 299 (19) issue subpoenas and compel the attendance of witnesses at any place within the |
---|
311 | 311 | | 300commonwealth, administer oaths and require testimony under oath before the commission in the |
---|
312 | 312 | | 301course of an investigation or hearing conducted under this chapter; |
---|
313 | 313 | | 302 (20) maintain an official internet website for the commission; |
---|
314 | 314 | | 303 (21) adopt, amend or repeal regulations for the implementation, administration and |
---|
315 | 315 | | 304enforcement of this chapter; and |
---|
316 | 316 | | 305 (22) act as trustees for the Boxers’ Fund established in section 2AAAA½ of chapter 29 |
---|
317 | 317 | | 306and the State Athletic Commission Fund established in section 2AAAA of said chapter 29. |
---|
318 | 318 | | 307 Section 4. Necessity of license to hold boxing, kickboxing, mixed martial arts or other |
---|
319 | 319 | | 308unarmed combative sporting event or sparring match or exhibition. |
---|
320 | 320 | | 309 (a) No boxing, kickboxing, mixed martial arts or other unarmed combative sporting event |
---|
321 | 321 | | 310or sparring match or exhibition for a prize or purse, or at which an admission fee is charged, |
---|
322 | 322 | | 311either directly or indirectly, in the form of dues or otherwise, whether professional or amateur, |
---|
323 | 323 | | 312shall take place or be conducted except in accordance with a license granted as hereinafter 16 of 34 |
---|
324 | 324 | | 313provided by the commission. Applications for a license shall be accompanied by the fee, as |
---|
325 | 325 | | 314established annually the commissioner of administration and finance pursuant to section 3B of |
---|
326 | 326 | | 315chapter 7, which may take into consideration the population of the city or town or the seating |
---|
327 | 327 | | 316capacity of the building or place in which the match or exhibition is to be held; provided, |
---|
328 | 328 | | 317however, that a license, the fee for which is established on the basis of seating capacity of a |
---|
329 | 329 | | 318building or place as aforesaid, shall be exercised only in such building or place. Toughman or |
---|
330 | 330 | | 319similar type matches or exhibitions shall be prohibited. In the case of exhibitions or bouts held in |
---|
331 | 331 | | 320accordance with the rules and regulations of amateur organizations as may be approved by the |
---|
332 | 332 | | 321commission, the commission may issue special licenses without the requirement of a bond as |
---|
333 | 333 | | 322provided in section 6 or payment of the annual fee. |
---|
334 | 334 | | 323 (b) Any persons holding, conducting, promoting or participating in a match or exhibition |
---|
335 | 335 | | 324held without a license, as provided in section 5, or a toughman or similar type match or |
---|
336 | 336 | | 325exhibition, shall be punished by imprisonment in the house of corrections for not more than 3 |
---|
337 | 337 | | 326months or by a fine of not more than $10,000, or both such fine and imprisonment. |
---|
338 | 338 | | 327 (c) Matches or exhibitions under the governance of the Massachusetts Interscholastic |
---|
339 | 339 | | 328Athletic Association, the National Collegiate Athletic Association or any equivalent school or |
---|
340 | 340 | | 329college organization shall be exempt from the requirements of this section if the competitors are |
---|
341 | 341 | | 330amateurs; provided, however, that any such match or exhibition that the commission determines |
---|
342 | 342 | | 331to be a youth sport shall be subject to the licensing requirements contained herein. In the case of |
---|
343 | 343 | | 332such a youth sport, the commission may, at its discretion, issue a special license without the |
---|
344 | 344 | | 333requirement of a bond as provided in section 6 or payment of the annual fee. 17 of 34 |
---|
345 | 345 | | 334 (d) A license may be granted to an applicant under this chapter, notwithstanding the |
---|
346 | 346 | | 335social security number requirements of section 13A of chapter 30A; provided, however, that the |
---|
347 | 347 | | 336applicant provides a form of identification sufficient to identify the applicant. |
---|
348 | 348 | | 337 Section 5. Issuance and term of license; revocation of license; issuance of license for |
---|
349 | 349 | | 338toughman competition prohibited. |
---|
350 | 350 | | 339 In accordance with this chapter, the commission may issue licenses to conduct boxing, |
---|
351 | 351 | | 340kickboxing, mixed martial arts or other unarmed combative sporting events, sparring matches |
---|
352 | 352 | | 341and exhibitions. The license shall be valid only for the date approved by the commission. The |
---|
353 | 353 | | 342commission may revoke the license at any time in the interest of public safety. No license shall |
---|
354 | 354 | | 343be issued for a toughman competition or similar event. |
---|
355 | 355 | | 344 Section 6. Bond |
---|
356 | 356 | | 345 Except as otherwise provided in subsections (a) and (c) of section 4, no license as |
---|
357 | 357 | | 346aforesaid shall be granted unless the licensee has executed and filed with the commission a bond |
---|
358 | 358 | | 347in a penal sum of $50,000, with such surety or sureties as shall be satisfactory to the commission, |
---|
359 | 359 | | 348running to the commission, conditioned upon the payment to the commonwealth of the sums |
---|
360 | 360 | | 349mentioned in section 15, and upon faithful compliance by the licensee with the provisions of this |
---|
361 | 361 | | 350chapter, the rules and regulations of the commission and with such other laws of the |
---|
362 | 362 | | 351commonwealth and may be applicable to anything done by the licensee in pursuance of the |
---|
363 | 363 | | 352license. The commission may enforce the terms of the bond for the use and benefit of any person |
---|
364 | 364 | | 353who may suffer loss by reason of the failure by the licensee to carry out terms of the bout |
---|
365 | 365 | | 354agreement or due to acts of the licensee determined to be detrimental to combat sports. The bond |
---|
366 | 366 | | 355shall also provide for a forfeiture to the commonwealth, recoverable at the suit of the attorney 18 of 34 |
---|
367 | 367 | | 356general, of each sum, not exceeding $10,000, as may be stipulated in the bond for each case of |
---|
368 | 368 | | 357non-compliance. |
---|
369 | 369 | | 358 Section 7. Licenses for physician, promoter, referee, judge, timekeeper, professional |
---|
370 | 370 | | 359boxer, kickboxer, mixed martial arts contestant or other unarmed combative sport contestant, or a |
---|
371 | 371 | | 360manager, trainer or second of such a contestant; fees. |
---|
372 | 372 | | 361 No person shall act, directly or indirectly, as a physician, promoter, referee, judge, |
---|
373 | 373 | | 362timekeeper, professional boxer, kickboxer, mixed martial arts contestant or other unarmed |
---|
374 | 374 | | 363combative sport contestant, or as a manager, trainer or second of such a contestant, at a match or |
---|
375 | 375 | | 364exhibition or as a matchmaker therefore, unless licensed by the commission upon receipt of the |
---|
376 | 376 | | 365classified fee to be determined annually by the commissioner of administration and finance |
---|
377 | 377 | | 366under section 3B of chapter 7. The commission shall set minimum requirements for licensure |
---|
378 | 378 | | 367based upon skill or other fundamental prerequisites deemed necessary to adequately and safely |
---|
379 | 379 | | 368execute the functions of the respective position. The commission may refuse to license any |
---|
380 | 380 | | 369individual who does not meet those requirements or whose safety and well-being it determines |
---|
381 | 381 | | 370will be put at substantial risk by engaging in their respective position. Whoever acts in such |
---|
382 | 382 | | 371capacity, without being so license shall be punished by a fine of not more than $10,000. Any |
---|
383 | 383 | | 372official who desires to officiate without charge at amateur boxing or sparring matching or |
---|
384 | 384 | | 373exhibitions shall be licensed without charge. In accordance with section 12, the commission may |
---|
385 | 385 | | 374license an individual who is under 18 years of age without charge. |
---|
386 | 386 | | 375 Section 8. Amateur boxing, mixed martial arts or other unarmed combative sporting |
---|
387 | 387 | | 376events, sparring matches and exhibitions; acknowledgment of rules and regulations of amateur 19 of 34 |
---|
388 | 388 | | 377governing body; licensing of amateur referees, judges and officials; limitation on number and |
---|
389 | 389 | | 378timing of competitions; gloves. |
---|
390 | 390 | | 379 (1) Notwithstanding section 9, the commission shall, in the conduct of all amateur |
---|
391 | 391 | | 380boxing, mixed martial arts or other unarmed combative sporting events, sparring matches and |
---|
392 | 392 | | 381exhibitions sanctioned by the national governing body and its local affiliate which are appointed |
---|
393 | 393 | | 382and recognized by the United States Olympic Committee for such purposes, acknowledge and |
---|
394 | 394 | | 383follow the rules and regulations of the amateur governing bodies. |
---|
395 | 395 | | 384 (2) No amateur match which is subject to section 4 shall be held unless it is licensed by |
---|
396 | 396 | | 385the commission and sanctioned and supervised by an amateur sanctioning organization approved |
---|
397 | 397 | | 386by the commission. |
---|
398 | 398 | | 387 (3) The commission shall recognize and license, upon receipt of the classified fee to be |
---|
399 | 399 | | 388determined annually by the commissioner of administration and finance of section 3B of chapter |
---|
400 | 400 | | 3897, the amateur referees, judges and other amateur officials assigned to the amateur matches or |
---|
401 | 401 | | 390exhibitions by the amateur governing bodies and certified under their rules and regulations. |
---|
402 | 402 | | 391 (4) The commission shall cooperate fully with the amateur boxing governing bodies to |
---|
403 | 403 | | 392assure that amateur boxers are eligible to participate and compete for selection to the United |
---|
404 | 404 | | 393States Olympic boxing team. |
---|
405 | 405 | | 394 (5) No contestant in amateur boxing shall compete in more than 2 tournaments in any 7- |
---|
406 | 406 | | 395day period, nor shall the contestant participate in more than 3 contests in a period of 13 hours. |
---|
407 | 407 | | 396All amateur boxing or sparring matches or exhibitions shall terminate not later than 12:30 a.m. |
---|
408 | 408 | | 397on the day following the start of the match. 20 of 34 |
---|
409 | 409 | | 398 (6) During a contest, contestants in amateur boxing or kickboxing matches or exhibitions |
---|
410 | 410 | | 399shall wear gloves weighing at least 8 ounces each unless otherwise authorized by the amateur |
---|
411 | 411 | | 400boxing governing body. During a contest, contestants in amateur mixed martial arts and other |
---|
412 | 412 | | 401unarmed combative sport matches or exhibitions shall wear gloves weighing at least 4 ounces |
---|
413 | 413 | | 402each unless otherwise authorized by the amateur governing body. |
---|
414 | 414 | | 403 Section 9. Necessity of referee and judges; power and duties; vote; decision; forfeitures; |
---|
415 | 415 | | 404fees of officials; payment |
---|
416 | 416 | | 405 (a) At every boxing, kickboxing, mixed martial arts or other unarmed combative sporting |
---|
417 | 417 | | 406event, sparring match or exhibition there shall be in attendance a referee, duly licensed under this |
---|
418 | 418 | | 407section and sections 7 and 8. There shall also be in attendance at least 3 duly-licensed judges, |
---|
419 | 419 | | 408each of whom shall, at the termination of a match or exhibition, vote for the contestant in whose |
---|
420 | 420 | | 409favor the decision should, in their opinion, be rendered or, for a draw if, in their opinion, neither |
---|
421 | 421 | | 410contestant is entitled to a decision in their favor and the decision shall be rendered in favor of the |
---|
422 | 422 | | 411contestant receiving a majority of the votes or, if neither receives a majority as aforementioned, a |
---|
423 | 423 | | 412decision of a draw shall be rendered. Upon the rendering of a decision, the vote of each judge |
---|
424 | 424 | | 413shall be announced from the ring. The referee shall have full power to stop the match or |
---|
425 | 425 | | 414exhibition whenever they deem it advisable because of the physical condition of a contestant or |
---|
426 | 426 | | 415when 1 contestant is clearly outclassed by their opponent or for other sufficient reason. |
---|
427 | 427 | | 416 (b) The commission shall set forth rules and regulations for contracts between a manager |
---|
428 | 428 | | 417and an unarmed combatant and contracts between a promoter and an unarmed combatant. An |
---|
429 | 429 | | 418unarmed combatant may not enter into a contract with a manager or a promoter unless it is filed |
---|
430 | 430 | | 419with the commission prior to a scheduled contest in an amount of time set forth by the 21 of 34 |
---|
431 | 431 | | 420commission. The commission shall only honor a contract that is executed and notarized on a |
---|
432 | 432 | | 421form provided by the commission, unless the terms of the contract comply with the requirements |
---|
433 | 433 | | 422set forth by the commission. |
---|
434 | 434 | | 423 (c) The commission shall be the sole arbiter of a breach of contract and may establish |
---|
435 | 435 | | 424rules governing breach of contract dispute resolution. If during a contest, a contestant is believed |
---|
436 | 436 | | 425to not be competing in good faith, a member of the commission or their designee shall withhold |
---|
437 | 437 | | 426any prize, remuneration or purse until a hearing can be held. The commission shall at a hearing |
---|
438 | 438 | | 427following the contest declare forfeited any prize, remuneration or purse or any part thereof, |
---|
439 | 439 | | 428belonging to a contestant if, in the judgment of a majority of the commissioners, after |
---|
440 | 440 | | 429consultation with the judges and the referee, the contestant was not competing in good faith. |
---|
441 | 441 | | 430 (d) Whoever violates any provision of this chapter or who conducts themselves at any |
---|
442 | 442 | | 431time or place in a manner which is deemed by the commission to reflect discredit to any unarmed |
---|
443 | 443 | | 432combative sports, may have their license revoked and fined, suspended or otherwise disciplined |
---|
444 | 444 | | 433in such manner as the commission may direct. |
---|
445 | 445 | | 434 Section 10. Necessity of physician; duties; qualifications; fees; certificate of contestant’s |
---|
446 | 446 | | 435fitness |
---|
447 | 447 | | 436 At any boxing, kickboxing, mixed martial arts or other unarmed combative sporting |
---|
448 | 448 | | 437event, sparring match or exhibition there shall be in attendance at least 1 duly licensed physician, |
---|
449 | 449 | | 438whose duty it shall be to observe the physical condition of the contestants and advise the referee |
---|
450 | 450 | | 439or judges with regard thereto. A competent physician who has at least 3 years of experience as a |
---|
451 | 451 | | 440medical practitioners may be licensed. No contestant shall be allowed to enter the ring unless a |
---|
452 | 452 | | 441physician licensed under this section and section 7 certifies in writing that the contestant is 22 of 34 |
---|
453 | 453 | | 442physically fit to engage in the proposed contest. The physician’s fee, as fixed by the commission, |
---|
454 | 454 | | 443shall be paid by the licensee conducting the match or exhibition. |
---|
455 | 455 | | 444 Section 11. Number and time of rounds; frequency of tournaments or contests; gloves; |
---|
456 | 456 | | 445protective devices |
---|
457 | 457 | | 446 No boxing, kickboxing or other unarmed combative sporting match or exhibition shall |
---|
458 | 458 | | 447exceed 10 rounds; provided, however, if a match is to determine a championship, it may exceed |
---|
459 | 459 | | 448the round limits with the prior approval of the commission. No mixed martial arts match or |
---|
460 | 460 | | 449exhibition shall exceed 3 rounds; provided, however, if a match is to determine a championship, |
---|
461 | 461 | | 450it may exceed the round limits with the prior approval of the commission. No round in a boxing, |
---|
462 | 462 | | 451kickboxing or other unarmed combative sporting match or exhibition shall exceed 3 minutes. No |
---|
463 | 463 | | 452round in a mixed martial arts match or exhibition shall exceed 5 minutes. No contestant in a |
---|
464 | 464 | | 453professional match or exhibition shall participate in more than 10 rounds unless otherwise |
---|
465 | 465 | | 454authorized by the commission, as the case may be, during a 72-hour period. During a contest, |
---|
466 | 466 | | 455contestants in professional boxing and kickboxing matches or exhibitions shall wear gloves |
---|
467 | 467 | | 456weighing at least 8 ounces each unless otherwise authorized by the commission. During a |
---|
468 | 468 | | 457contest, contestants in mixed martial arts and other unarmed combative sporting events, matches |
---|
469 | 469 | | 458or exhibitions shall wear gloves weighing at least 4 ounces each unless otherwise authorized by |
---|
470 | 470 | | 459the commission. Every contestant participating in boxing, kickboxing, mixed martial arts or |
---|
471 | 471 | | 460other unarmed combative sporting event or exhibition shall be required to wear standard |
---|
472 | 472 | | 461protective devices as outlined by regulation by the commission. |
---|
473 | 473 | | 462 Section 12. Ages of contestants and persons admitted to matches 23 of 34 |
---|
474 | 474 | | 463 (a) Except as hereinafter provided, no contestant under 18 years of age or over 34 years |
---|
475 | 475 | | 464of age shall be permitted to engage in a boxing, kickboxing, mixed martial arts or other unarmed |
---|
476 | 476 | | 465combative sport event, sparring match or exhibition, except that the age requirement shall not |
---|
477 | 477 | | 466apply to a world boxing champion who is still actively engaged as a professional boxer, or to a |
---|
478 | 478 | | 467former boxing champion of the world who has not been inactive as a professional boxer for more |
---|
479 | 479 | | 468than 2 years from the date of their last boxing contest; provided, however, that an amateur boxer |
---|
480 | 480 | | 469shall be allowed to compete as such at the age of 16. At the discretion of the commission, a |
---|
481 | 481 | | 470professional boxer, kickboxer, mixed martial arts contestant or other unarmed combat sports |
---|
482 | 482 | | 471contest over the age of 34 may be permitted to engage in a match if the contestant has passed a |
---|
483 | 483 | | 472physical examination or is otherwise medically cleared to participate by a physician selected by |
---|
484 | 484 | | 473the commission. At the discretion of the commission, an amateur boxer who is 16 or 17 years of |
---|
485 | 485 | | 474age may be licensed as a professional boxer. The foregoing shall not apply to courses of |
---|
486 | 486 | | 475instruction in boxing, kickboxing, mixed martial arts or other unarmed combative sports |
---|
487 | 487 | | 476sponsored and conducted by recognized boys and girls clubs, youth organizations, private clubs |
---|
488 | 488 | | 477and athletic associations, schools or colleges, municipal or state park or recreational departments, |
---|
489 | 489 | | 478law enforcement organizations or incorporated, private, nonprofit boxing teams, under the |
---|
490 | 490 | | 479supervision of qualified instructors and directors; provided, however, that at the discretion of the |
---|
491 | 491 | | 480commission the requirements relative to amateur boxing, kickboxing, mixed martial arts or other |
---|
492 | 492 | | 481unarmed combative sports under sections 4 to 23, inclusive, may apply to such courses of |
---|
493 | 493 | | 482instruction and any related matches or exhibitions. |
---|
494 | 494 | | 483 (b) No person under the age of 16 shall be admitted to, or be present at, a professional |
---|
495 | 495 | | 484match or exhibition unless accompanied by an adult. 24 of 34 |
---|
496 | 496 | | 485 Section 13. Boxer, kickboxer, mixed martial arts contestant or other unarmed combative |
---|
497 | 497 | | 486sport contestant previously knocked out six or more times |
---|
498 | 498 | | 487 No professional boxer, kickboxer, mixed martial arts contestant or other unarmed |
---|
499 | 499 | | 488combative sport contestant licensed under section 7 who has been knocked out, technically or |
---|
500 | 500 | | 489otherwise, or lost a contest by way of submission, 6 or more times in the preceding 12 months |
---|
501 | 501 | | 490shall take part in a match or exhibition until they have been examined and found fit to take part |
---|
502 | 502 | | 491in a match or exhibition, by a physician selected by the commission, at a place and time |
---|
503 | 503 | | 492designated by the commission. The cost of conducting the examination shall be borne by the |
---|
504 | 504 | | 493contestant. If a contestant is found unfit to engage in a match or exhibition, they shall be |
---|
505 | 505 | | 494excluded from participation for 3 months, after which time they may make a request to the |
---|
506 | 506 | | 495commission for another physical examination. A license issued to an individual under section 7 |
---|
507 | 507 | | 496shall be immediately suspended for at least 30 days if the individual is knocked out. |
---|
508 | 508 | | 497 Section 14. Insurance on contestants |
---|
509 | 509 | | 498 A person licensed under section 5 to conduct boxing, kickboxing, mixed martial arts or |
---|
510 | 510 | | 499other unarmed combative sport events, sparring matches or exhibitions, except those persons to |
---|
511 | 511 | | 500whom a special license may be granted thereunder without the requirement of a bond or payment |
---|
512 | 512 | | 501of the annual fee, shall take out a policy of accident insurance on each contestant participating in |
---|
513 | 513 | | 502the match or exhibition in the amount of $5,000 to compensate said contestant for medical and |
---|
514 | 514 | | 503hospital expenses incurred as the result of injuries received in such match or exhibition and a |
---|
515 | 515 | | 504policy in the amount of $50,000 to be paid to the estate of the deceased contestant in the event of |
---|
516 | 516 | | 505death to the contestant resulting from participation in the match or exhibition. The premiums on |
---|
517 | 517 | | 506the policies shall be paid by the licensee. 25 of 34 |
---|
518 | 518 | | 507 Section 15. Percentage of receipts paid to commonwealth; reports to commission; filing |
---|
519 | 519 | | 508of contracts entered into for sale, lease or exploitation of broadcasting rights; enforcement |
---|
520 | 520 | | 509 (a) Every licensee holding or conducting a boxing, kickboxing, mixed martial arts or |
---|
521 | 521 | | 510other unarmed combative sporting event, sparring match or other unarmed combative sporting |
---|
522 | 522 | | 511event, sparring match or exhibition shall, before the commencement of the final feature bout of |
---|
523 | 523 | | 512the event, pay to the commission a sum equal to 5 per cent of the total gross receipts from the |
---|
524 | 524 | | 513sale of tickets or from admission fees. The licensee shall pay to the commission an additional |
---|
525 | 525 | | 514sum equal to 2 per cent of the total gross receipts generated by the sale, lease or other |
---|
526 | 526 | | 515exploitation of the television, pay-per-view, motion picture or other broadcasting rights, |
---|
527 | 527 | | 516regardless of whether the event is broadcast live or in the future, such sum to be paid by the |
---|
528 | 528 | | 517licensee whether or not the licensee ever receives a portion of that amount; provided, however, |
---|
529 | 529 | | 518that if the match or exhibition is conducted as an incidental feature in an event or entertainment |
---|
530 | 530 | | 519of a different character, the portion of the total receipts and the total amount shall be paid to the |
---|
531 | 531 | | 520commonwealth, as the commission may determine or as may be fixed by rule adopted by the |
---|
532 | 532 | | 521commission. If the payment is for a fixed amount, payment shall be made 24 hours prior to the |
---|
533 | 533 | | 522event but in no event shall payment be made later than 48 hours after the live event. Pay-per- |
---|
534 | 534 | | 523view showings of an event more than 48 hours after the live event shall be exempt from the |
---|
535 | 535 | | 524requirements of this section. The broadcasting fee imposed under this section shall be not more |
---|
536 | 536 | | 525than $75,000 per event. Within 72 hours after its conclusion, the licensee shall furnish to the |
---|
537 | 537 | | 526commonwealth a report, showing the exact number of tickets sold and admission fees collected |
---|
538 | 538 | | 527for the contest, the gross receipts thereof and such other data as the commission may require. |
---|
539 | 539 | | 528 (b) A licensee holding or conducting a boxing, kickboxing, mixed martial arts or other |
---|
540 | 540 | | 529unarmed combative sporting event, sparring match or exhibition shall, at least 48 hours before a 26 of 34 |
---|
541 | 541 | | 530licensed contest or exhibition, file with the commission a copy of all contracts entered into for |
---|
542 | 542 | | 531the sale, lease, or other exploitation of broadcasting rights for the contest or exhibition. All |
---|
543 | 543 | | 532contracts filed with the commission under this section shall be exempt from disclosure in section |
---|
544 | 544 | | 53310 of chapter 66. The commission shall enforce this section. |
---|
545 | 545 | | 534 Section 16. Boxers’ Fund |
---|
546 | 546 | | 535 Every licensee holding or conducting any boxing, kickboxing, mixed martial arts or other |
---|
547 | 547 | | 536unarmed combative sporting event or sparring match or exhibition shall, before the |
---|
548 | 548 | | 537commencement of the feature bout of the event, pay to the state treasurer, in addition to the |
---|
549 | 549 | | 538payment required under section 15, a sum equal to 1 per cent of the total gross receipts from the |
---|
550 | 550 | | 539sale or tickets or from admission fees; provided, however, that if the match or exhibition is |
---|
551 | 551 | | 540conducted as an incidental feature in an event or entertainment of a different character, the |
---|
552 | 552 | | 541portion of the total receipts shall be paid to the commonwealth as the commission may |
---|
553 | 553 | | 542determine. Such sums shall be credited by the state treasurer to the Boxers’ Fund established |
---|
554 | 554 | | 543pursuant to section 2AAAA½ of chapter 29. |
---|
555 | 555 | | 544 Section 17. Number of persons admitted; limitation |
---|
556 | 556 | | 545 No licensee under section 5 shall sell or cause to be sold or issued more tickets or |
---|
557 | 557 | | 546invitations purporting to admit to any such match or exhibition, or otherwise admit to the same, |
---|
558 | 558 | | 547more persons than are admissible according to the authorized capacity of the building, or part |
---|
559 | 559 | | 548thereof actually used therefor. |
---|
560 | 560 | | 549 Section 18. Revocation or suspension of license; administrative penalty 27 of 34 |
---|
561 | 561 | | 550 (a) Any license may be revoked or suspended by the commission for a violation of any |
---|
562 | 562 | | 551provision of this chapter or of any other law of the commonwealth or of any rule or regulation |
---|
563 | 563 | | 552adopted by the commission or whenever the licensee has, in the judgment of the commission, |
---|
564 | 564 | | 553been guilty of any act or offense detrimental to the public interest. |
---|
565 | 565 | | 554 (b) The commission may suspend a license of a combatant issued under section 7 without |
---|
566 | 566 | | 555a hearing upon a finding that it would be unsafe for the individual to compete until either the |
---|
567 | 567 | | 556passing of a fixed period of time or upon medical clearance. The commission may assess an |
---|
568 | 568 | | 557administrative penalty not to exceed $2,000 for each violation of this chapter or the |
---|
569 | 569 | | 558commission’s rules and regulations committed by an individual required to be licensed herein. |
---|
570 | 570 | | 559 Section 19. Financial interest of licensee in boxer; prepayment of contestant |
---|
571 | 571 | | 560 No licensee under section 5 shall have, directly or indirectly, any financial interest in a |
---|
572 | 572 | | 561boxer, kickboxer, mixed martial arts contestant or other unarmed combative sport contestant |
---|
573 | 573 | | 562competing on premises owned or leased by the licensee, or in which the licensee is otherwise |
---|
574 | 574 | | 563interested. No contestant in a match or exhibition shall be paid for services before the same are |
---|
575 | 575 | | 564rendered. |
---|
576 | 576 | | 565 Section 20. Enjoining unlicensed or illegal matches |
---|
577 | 577 | | 566 The superior court shall have jurisdiction in equity upon any information filed by the |
---|
578 | 578 | | 567commission, the attorney general, the district attorney for the district where a match or exhibition |
---|
579 | 579 | | 568is held or is announced to be held, the police authorities of the city or town where a match or |
---|
580 | 580 | | 569exhibition is held or is announced to be held, or by any five legal voters of the commonwealth |
---|
581 | 581 | | 570stating that a certain building, tenement or place is used for matches or exhibitions, whether |
---|
582 | 582 | | 571professional or amateur, by an individual, group, partnership, club, corporation or association not 28 of 34 |
---|
583 | 583 | | 572licensed under section 5 or contrary to any provision of this sections 4 to 23, inclusive, or that a |
---|
584 | 584 | | 573match or exhibition is being advertised or announced, or has been advertised or announced, to |
---|
585 | 585 | | 574take place in a certain building or place, or that a certain individual, club, corporation or |
---|
586 | 586 | | 575association is selling, exchanging or giving away tickets, tokens or symbols purporting to entitle |
---|
587 | 587 | | 576the holder to the right or privilege of attending a certain match or exhibition not licensed by the |
---|
588 | 588 | | 577commission and contrary to the provisions of this chapter to enjoin and abate the same as a |
---|
589 | 589 | | 578common nuisance. |
---|
590 | 590 | | 579 Section 21. Prohibition of licensed event by municipality; notice of exercise of municipal |
---|
591 | 591 | | 580option |
---|
592 | 592 | | 581 The commission shall notify a municipality in writing of the issuance of a license for an |
---|
593 | 593 | | 582event scheduled to take place therein within 24 hours of said issuance. At its option, a |
---|
594 | 594 | | 583municipality may prohibit an event licensed by the commission under section 5. The prohibition |
---|
595 | 595 | | 584shall be by a majority vote of the city council with approval of the mayor in a city or by a |
---|
596 | 596 | | 585majority vote of the select board in a town. The municipal option shall be exercised within 7 |
---|
597 | 597 | | 586days of issuance of a license by the commission. The municipality shall notify the commission |
---|
598 | 598 | | 587within 24 hours of any such action. Upon receipt of such notice, the commission shall |
---|
599 | 599 | | 588immediately notify the promoter of the determination of the municipality and the license shall be |
---|
600 | 600 | | 589revoked. |
---|
601 | 601 | | 590 Section 22. Courses of instruction in boxing, kickboxing, mixed martial arts and other |
---|
602 | 602 | | 591unarmed combative sports or matches or exhibitions sponsored by youth organizations, private |
---|
603 | 603 | | 592clubs, law enforcement agencies, etc. 29 of 34 |
---|
604 | 604 | | 593 Except as otherwise provided herein, courses of instruction in boxing, kickboxing, mixed |
---|
605 | 605 | | 594martial arts and other unarmed combative sports, or sparring matches or exhibitions sponsored |
---|
606 | 606 | | 595and conducted by recognized boys and girls clubs, youth organization, private clubs and athletic |
---|
607 | 607 | | 596associations, schools and colleges, law enforcement agencies or municipal or state parks and |
---|
608 | 608 | | 597recreation departments, under the supervision of qualified instructors and directors, shall not |
---|
609 | 609 | | 598require a license under section 5 to be conducted; provided, however, that the commission may |
---|
610 | 610 | | 599at its discretion require a match or exhibition under this section to procure a license under section |
---|
611 | 611 | | 6005 if such match or exhibition is conducted in substantially the same character as amateur or |
---|
612 | 612 | | 601professional matches which require licensure pursuant to this chapter. |
---|
613 | 613 | | 602 Section 23. Statutes not applicable to matches or exhibitions |
---|
614 | 614 | | 603 Sections 9 to 12, inclusive, of chapter 265 shall not apply to any boxing, kickboxing, |
---|
615 | 615 | | 604mixed martial arts or other unarmed combative sporting event or sparring match or exhibition |
---|
616 | 616 | | 605licensed under section 5 and conducted under and in accordance with this chapter and any |
---|
617 | 617 | | 606accompanying rules and regulations promulgated by the commission. |
---|
618 | 618 | | 607 Section 24. Regulation of youth sports; public education campaign; recommendations |
---|
619 | 619 | | 608 (a) The commission shall promulgate rules and regulations related to participation in and |
---|
620 | 620 | | 609the administration of youth sports in the commonwealth. Regulations may include, but not be |
---|
621 | 621 | | 610limited to: (i) maximum participation hours per youth sport in a defined period of time; (ii) |
---|
622 | 622 | | 611licensing of businesses and coaches, including licensing fees and the conditions under which any |
---|
623 | 623 | | 612such licensing fee may be waived to promote access to participation; (iii) criminal offender |
---|
624 | 624 | | 613record information, provided that the commission may prohibit an individual from obtaining any |
---|
625 | 625 | | 614applicable license on the basis of a felony conviction in order to prioritize player safety, at the 30 of 34 |
---|
626 | 626 | | 615discretion of the commission; and (iv) standards for player safety, including concussion |
---|
627 | 627 | | 616protocols and athletic trainer requirements. |
---|
628 | 628 | | 617 (b) Except as provided for by any general or special law to the contrary, the commission |
---|
629 | 629 | | 618shall enforce such rules and regulations; provided, however, that penalties for noncompliance |
---|
630 | 630 | | 619under this section may include, but not be limited to: (i) suspension or revocation of any |
---|
631 | 631 | | 620applicable license issued by the commission; (ii) enjoinment and abatement of a particular youth |
---|
632 | 632 | | 621sports event occurring in violation of this section; or (iii) fines as determined by the commission. |
---|
633 | 633 | | 622 (c) The commission shall conduct a public education campaign regarding youth sports. |
---|
634 | 634 | | 623The commission shall exercise its discretion with regard to distribution means and methods; |
---|
635 | 635 | | 624provided, however, that said campaign shall be directed primarily toward parents, coaches, youth |
---|
636 | 636 | | 625athletes and other members of the public. Said campaign shall include, but not be limited to, the |
---|
637 | 637 | | 626physical and mental health, personal financial and economic development impacts of youth |
---|
638 | 638 | | 627sports. The commission shall consult with subject matter experts in the preparation of said |
---|
639 | 639 | | 628campaign, including on the matters of single sport specialization, appropriate training and |
---|
640 | 640 | | 629overtraining conscious of athlete age and the relationship between youth sports participation and |
---|
641 | 641 | | 630higher education or career outcomes. |
---|
642 | 642 | | 631 (d) The commission shall annually, not later than November 1, file a written report with |
---|
643 | 643 | | 632the respective clerks of the senate and house of representatives, the joint committee on economic |
---|
644 | 644 | | 633development and emerging technologies and the joint committee on health care financing |
---|
645 | 645 | | 634describing therein the activities undertaken by the commission regarding youth sports for the |
---|
646 | 646 | | 635prior year, including any recommendations or requests for legislation arising therefrom in |
---|
647 | 647 | | 636furtherance of the purpose of the commission and the current rates of any licensing fees fixed by 31 of 34 |
---|
648 | 648 | | 637the commission in accordance with subsection (a) of this section, if any. The commission may, at |
---|
649 | 649 | | 638any time, request or recommend such legislative remedies, provided that any such previously |
---|
650 | 650 | | 639extended request or recommendation shall also be summarized in said report. |
---|
651 | 651 | | 640 SECTION 8. Chapter 29 of the General Laws, as so appearing, is hereby amended by |
---|
652 | 652 | | 641striking section 2AAAA and inserting in place thereof the following:- |
---|
653 | 653 | | 642 “Section 2AAAA. State Athletic Commission Fund |
---|
654 | 654 | | 643 (a) There shall be established and set up on the books of the commonwealth a separate |
---|
655 | 655 | | 644fund to be known as the State Athletic Commission Fund. The Massachusetts state athletic |
---|
656 | 656 | | 645commission, established pursuant to section 2 of chapter 23O, shall be the trustee of the fund and |
---|
657 | 657 | | 646shall expend monies to finance operational activities of said commission. The fund shall be |
---|
658 | 658 | | 647credited any appropriations, bond proceeds or other monies authorized by the general court and |
---|
659 | 659 | | 648specifically designated to be credited thereto, any monies from licensing fees or other fees and |
---|
660 | 660 | | 649fines collected under sections 4 to 7, inclusive, 15 and 18 of chapter 23O and section 12 of |
---|
661 | 661 | | 650chapter 265 and any monies credited from the Youth Development and Achievement Fund |
---|
662 | 662 | | 651pursuant to section 19 of chapter 23N. All available monies in the fund that are unexpended at |
---|
663 | 663 | | 652the end of each fiscal year shall not revert to the General Fund and shall be available for |
---|
664 | 664 | | 653expenditure in the subsequent fiscal year. Said commission shall record all expenditures made by |
---|
665 | 665 | | 654a subsidiary on the Massachusetts management and account reporting system according to |
---|
666 | 666 | | 655regulations established by the state comptroller. For the purposes of accommodating |
---|
667 | 667 | | 656discrepancies between the receipt of retained revenues and related expenditures, said commission |
---|
668 | 668 | | 657may incur expense and the comptroller may certify for payment amounts not to exceed the lower |
---|
669 | 669 | | 658of $750,000 or the most recent revenue estimate as reported in the state accounting system. 32 of 34 |
---|
670 | 670 | | 659 (b) The Massachusetts state athletic commission shall, for the purposes of compliance |
---|
671 | 671 | | 660with state finance law, operate as a state agency as defined in section 1 of chapter 29 and shall be |
---|
672 | 672 | | 661subject to the provisions applicable to agencies under the control of the governor including, but |
---|
673 | 673 | | 662not limited to, chapters 7, 7A, 10 and 29; provided, however, that the comptroller may identify |
---|
674 | 674 | | 663any additional instructions or actions necessary for the commission to manage fiscal operations |
---|
675 | 675 | | 664in the state accounting system and meet statewide and other governmental accounting and audit |
---|
676 | 676 | | 665standards. Unless otherwise exempted by law or the applicable central service agency, said |
---|
677 | 677 | | 666commission shall participate in any other available commonwealth central services including, but |
---|
678 | 678 | | 667not limited to, the state payroll system under section 31 of said chapter 29 and may purchase |
---|
679 | 679 | | 668other goods and services provided by state agencies in accordance with comptroller provisions. |
---|
680 | 680 | | 669The comptroller may chargeback said commission for the transition and ongoing costs for |
---|
681 | 681 | | 670participation in the state accounting and payroll systems and may retain and expend such costs |
---|
682 | 682 | | 671without further appropriation for the purposes of this section. Said commission shall be subject |
---|
683 | 683 | | 672to section 5D of chapter 29 and subsection (f) of section 6B of chapter 29. |
---|
684 | 684 | | 673 (c) The commission shall annually submit a finance plan to the secretary of |
---|
685 | 685 | | 674administration and finance, the chairs of the house and senate committees on ways and means |
---|
686 | 686 | | 675and the chairs of the joint committee on economic development and emerging technologies. Said |
---|
687 | 687 | | 676finance plan shall include, but not be limited to, activities related to the State Athletic |
---|
688 | 688 | | 677Commission Fund and the Boxers’ Fund established pursuant to section 2AAAA½.” |
---|
689 | 689 | | 678 SECTION 9. Chapter 29 of the General Laws, as so appearing, is hereby further amended |
---|
690 | 690 | | 679by inserting after section 2AAAA the following new section:- |
---|
691 | 691 | | 680 “Section 2AAAA½. Boxers’ Fund 33 of 34 |
---|
692 | 692 | | 681 There shall be established and set up on the books of the commonwealth a separate fund |
---|
693 | 693 | | 682to be known as the Boxers’ Fund. The Massachusetts state athletic commission, established |
---|
694 | 694 | | 683pursuant to section 2 of chapter 23O, shall be the trustee of the fund and shall expend for the use |
---|
695 | 695 | | 684and benefit of a contestant or former contestant in an event governed by chapter 23O and any |
---|
696 | 696 | | 685accompanying regulations promulgated by said commission under the purview of said |
---|
697 | 697 | | 686commission for funeral expenses or assistance needed as a result of an injury suffered while |
---|
698 | 698 | | 687participating in such an event. The fund shall be credited any appropriations, bond proceeds or |
---|
699 | 699 | | 688other monies authorized by the general court and specifically designated to be credited thereto |
---|
700 | 700 | | 689and any monies collected under section 15 of chapter 23O. All available monies in the fund that |
---|
701 | 701 | | 690are unexpended at the end of each fiscal year shall not revert to the General Fund and shall be |
---|
702 | 702 | | 691available for expenditure in the subsequent fiscal year.” |
---|
703 | 703 | | 692 SECTION 10. Chapter 147 of the General Laws, as so appearing, is hereby amended by |
---|
704 | 704 | | 693repealing sections 32 to 51, inclusive. |
---|
705 | 705 | | 694 SECTION 11. Section 9 of chapter 265 of the General Laws, as so appearing, is hereby |
---|
706 | 706 | | 695amended by striking the words “sections thirty-two to fifty, inclusive, of chapter one hundred |
---|
707 | 707 | | 696and forty-seven” and inserting in place thereof the following:- “sections 4 to 23, inclusive, of |
---|
708 | 708 | | 697chapter 23O”. |
---|
709 | 709 | | 698 SECTION 12. Section 10 of said chapter 265, as so appearing, is hereby amended by |
---|
710 | 710 | | 699striking the words “sections thirty-two to fifty, inclusive, of chapter one hundred and forty- |
---|
711 | 711 | | 700seven” and inserting in place thereof the following:- “sections 4 to 23, inclusive, of chapter |
---|
712 | 712 | | 70123O”. 34 of 34 |
---|
713 | 713 | | 702 SECTION 13. Section 12 of said chapter 265, as so appearing, is hereby amended by |
---|
714 | 714 | | 703striking the words “sections 32 to 50A, inclusive, of chapter 147,” and inserting in place thereof |
---|
715 | 715 | | 704the following:- “sections 4 to 23, inclusive, of chapter 23O”. |
---|