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 Section 12 of chapter 22 of the General Laws, as appearing in the 2022 2Official Edition, is hereby repealed. 3 SECTION 2.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