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2 | 2 | | SENATE DOCKET, NO. 2159 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 300 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Barry R. Finegold |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act providing oversight of youth sports and combat sports in the Commonwealth. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 34 |
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16 | 16 | | SENATE DOCKET, NO. 2159 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 300 |
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18 | 18 | | By Mr. Finegold, a petition (accompanied by bill, Senate, No. 300) of Barry R. Finegold for |
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19 | 19 | | legislation to create a state athletic commission to provide oversight of youth and combat sports |
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20 | 20 | | in Massachusetts. Economic Development and Emerging Technologies. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 2601 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act providing oversight of youth sports and combat sports in the Commonwealth. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 12 of chapter 22 of the General Laws is hereby repealed. |
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32 | 32 | | 2 SECTION 2. Section 17 of chapter 23N of the General Laws, as appearing in the 2022 |
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33 | 33 | | 3Official Edition, is hereby amended in paragraph (2) by striking the figure “17.5” and inserting |
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34 | 34 | | 4in place thereof the following:- “16.5”. |
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35 | 35 | | 5 SECTION 3. Said section 17 of said chapter 23N, as so appearing, is hereby further |
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36 | 36 | | 6amended in paragraph (3) by striking the figure “27.5” and inserting in place thereof the |
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37 | 37 | | 7following:- “25.5”. 2 of 34 |
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38 | 38 | | 8 SECTION 4. Said section 17 of said chapter 23N, as so appearing, is hereby further |
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39 | 39 | | 9amended in paragraph (4) by striking the figure “1” and inserting in place thereof the following:- |
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40 | 40 | | 10“4”. |
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41 | 41 | | 11 SECTION 5. Section 19 of said chapter 23N, as amended by section 13 of chapter 2 of |
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42 | 42 | | 12the Acts of 2023, is hereby further amended by striking paragraphs (2) and (3) and inserting in |
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43 | 43 | | 13place thereof the following 3 paragraphs:- |
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44 | 44 | | 14 (2) For the purposes of funding after-school and out-of-school activities, including, but |
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45 | 45 | | 15not limited to, youth athletics and other activities that improve student health, literacy programs, |
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46 | 46 | | 16English language learning programs, academic tutoring, art, theater and music programs and |
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47 | 47 | | 17community service programs; |
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48 | 48 | | 18 (3) For the purposes of providing matching grants to elementary and secondary youth |
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49 | 49 | | 19sports, organizations, clubs and other school groups to attend events, including, but not limited |
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50 | 50 | | 20to, academic events and programs, cultural events and award ceremonies both nationally and |
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51 | 51 | | 21internationally; and |
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52 | 52 | | 22 (4) For a transfer to the State Athletic Commission Fund established pursuant to section |
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53 | 53 | | 232AAAA of chapter 29 for the purpose of rebalancing any lost revenue from licensing fees |
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54 | 54 | | 24waived in accordance with section 24 of chapter 23O. |
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55 | 55 | | 25 SECTION 6. The General Laws are hereby amended by inserting after chapter 23N the |
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56 | 56 | | 26following new chapter:- |
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57 | 57 | | 27 Chapter 23O. The Massachusetts State Athletic Commission |
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58 | 58 | | 28 Section 1. Definitions. 3 of 34 |
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59 | 59 | | 29 As used in this chapter, the following words shall have the following meanings unless the |
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60 | 60 | | 30context clearly requires otherwise: |
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61 | 61 | | 31 “Affiliate”, a person who directly or indirectly controls, or is controlled by, or is under |
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62 | 62 | | 32common control with, a specified person. |
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63 | 63 | | 33 “Boxing”, the art of attack and defense with gloved fists practiced as a sport limited to |
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64 | 64 | | 34legal blows above the waist and on the front or sides of the opponent. |
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65 | 65 | | 35 “Business”, a corporation, sole proprietorship, partnership, limited liability company or |
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66 | 66 | | 36any other organization formed for the purpose of carrying on a commercial enterprise. |
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67 | 67 | | 37 “Chair”, the chair of the commission. |
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68 | 68 | | 38 “Combat sports background”, a minimum of 10 years of documented experience in |
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69 | 69 | | 39professional unarmed combative sports including, but not limited to: (i) a professional |
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70 | 70 | | 40combatant, (ii) a licensed promoter, (iii) a licensed manager, (iv) a licensed referee, (v) a |
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71 | 71 | | 41licensed judge or (vi) regulator. |
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72 | 72 | | 42 “Commission”, the Massachusetts state athletic commission established in section 2. |
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73 | 73 | | 43 “Executive director”, the executive director of the Massachusetts state athletic |
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74 | 74 | | 44commission. |
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75 | 75 | | 45 “Kickboxing”, a form of competition in which a person delivers blows with any part of |
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76 | 76 | | 46the arm below the shoulder, including the hand and any part of the leg below the hip, including |
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77 | 77 | | 47the foot. 4 of 34 |
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78 | 78 | | 48 “Mixed martial arts”, any form of unarmed combat involving the use of a combination of |
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79 | 79 | | 49techniques including, but not limited to, grappling, kicking and striking, commonly associated |
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80 | 80 | | 50with boxing, kickboxing, wrestling and various disciplines of the martial arts including, but not |
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81 | 81 | | 51limited to, karate, kung fu, tae kwon-do, Jiu-Jitsu or any combination thereof. |
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82 | 82 | | 52 “Person”, an individual, corporation, association, operation, firm, partnership, trust or |
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83 | 83 | | 53other form of business association. |
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84 | 84 | | 54 “Toughman”, a boxing or unarmed combative sporting match or exhibition in which |
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85 | 85 | | 55combatants do not qualify for licensure by the commission as a professional combatant or for |
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86 | 86 | | 56amateur status by a commission-approved amateur organization; provided, however, that |
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87 | 87 | | 57“toughman” shall not include matches or exhibitions conducted pursuant to section 22. |
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88 | 88 | | 58 “Unarmed combative sport”, any form of competition in which a blow is usually struck |
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89 | 89 | | 59which may reasonably be expected to inflict injury and no weapon is used; provided, however, |
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90 | 90 | | 60that “unarmed combative sport” shall not include professional wrestling. |
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91 | 91 | | 61 “Youth sport”, any organized physical activity or athletic or sporting event in which the |
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92 | 92 | | 62team or contestants are predominantly under the age of 18; provided, however, that “youth |
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93 | 93 | | 63sports” shall not include, for the purposes of this chapter, any athletic or sporting event subject to |
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94 | 94 | | 64the rules and regulations promulgated by the Massachusetts Interscholastic Athletic Association, |
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95 | 95 | | 65Middle Level Athletic Committee of the Massachusetts School Administrators Association, |
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96 | 96 | | 66National Collegiate Athletic Association or other governing body as determined by the |
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97 | 97 | | 67commission. |
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98 | 98 | | 68 “Youth sports background”, expertise in general athletics and youth sports; provided, |
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99 | 99 | | 69however, that relevant experience may include, but not be limited to: (i) a prior role as athletic 5 of 34 |
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100 | 100 | | 70director in an educational setting or as program director of a youth sports program, or (ii) |
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101 | 101 | | 71significant academic study in physical education or youth development. |
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102 | 102 | | 72 Section 2. Massachusetts state athletic commission; duty, qualification, term and |
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103 | 103 | | 73compensation of commissioners; divisions; executive leadership. |
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104 | 104 | | 74 (a) (1) There shall be a Massachusetts state athletic commission which shall consist of 5 |
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105 | 105 | | 75commissioners, 3 of whom shall be appointed by the governor, at least 1 of whom shall have a |
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106 | 106 | | 76combat sports background in the sport of boxing and at least 1 of whom shall have a combat |
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107 | 107 | | 77sports background in the sport of mixed martial arts, muay thai or kickboxing; and 2 of whom |
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108 | 108 | | 78shall be appointed by a majority vote of the attorney general, the speaker of the house and the |
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109 | 109 | | 79senate president and who shall have a youth sports background. The governor shall designate the |
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110 | 110 | | 80chair of the commission. |
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111 | 111 | | 81 (2) Each commissioner shall serve for a term of 5 years or until a successor is appointed |
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112 | 112 | | 82and shall be eligible for reappointment. A person appointed to fill a vacancy in the office of a |
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113 | 113 | | 83commissioner shall be appointed in a like manner and shall serve for only the unexpired term of |
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114 | 114 | | 84such commissioner. The governor may remove a commissioner if the commissioner: (i) is guilty |
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115 | 115 | | 85of malfeasance in office; (ii) substantially neglects the duties of a commissioner; (iii) is unable to |
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116 | 116 | | 86discharge the powers and duties of the commissioner’s office; or (iv) commits gross misconduct. |
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117 | 117 | | 87 Three commissioners shall constitute a quorum and the affirmative vote of 3 |
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118 | 118 | | 88commissioners shall be required for an action of the commission; provided, however, that the |
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119 | 119 | | 89affirmative vote of at least 1 commissioner with a youth sports background shall be required for |
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120 | 120 | | 90any action of the commission with regard to the youth sports division. The chair or 3 members of |
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121 | 121 | | 91the commission may call a meeting; provided, however, that notice of all meetings shall be given 6 of 34 |
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122 | 122 | | 92to each commissioner and to other persons who request such notice. The commission shall adopt |
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123 | 123 | | 93regulations establishing procedures, which may include electronic communications, by which a |
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124 | 124 | | 94request to receive notice shall be made and the method by which timely notice may be given. |
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125 | 125 | | 95 Commissioners shall receive salaries not greater than three quarters of the salary of the |
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126 | 126 | | 96commissioner of administration under section 4 of chapter 7; provided, however, that the chair |
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127 | 127 | | 97shall receive a salary equal to the salary of the commissioner of administration. Commissioners |
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128 | 128 | | 98shall devote their full time and attention to the duties of their office. |
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129 | 129 | | 99 (3) Commissioners shall receive compensation for traveling expenses necessarily |
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130 | 130 | | 100incurred in the performance of their duties and shall be allowed such sums for clerical assistance |
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131 | 131 | | 101as the commission may approve; provided, however, that the commission may designate 1 or |
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132 | 132 | | 102more employees to represent the commission at any match or exhibited held under this chapter; |
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133 | 133 | | 103provided further, that the commission may approve that such employee receives compensation |
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134 | 134 | | 104for travel and incidental expenses necessarily incurred in the discharge of their duties; and |
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135 | 135 | | 105provided further, that the commission shall establish a comprehensive employee accountability |
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136 | 136 | | 106and internal control system that closely aligns with the human resources division’s rules and |
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137 | 137 | | 107policies established pursuant to section 28 of chapter 7 for employees and managers not subject |
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138 | 138 | | 108to collective bargaining under chapter 150E which takes into account rates set by the United |
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139 | 139 | | 109States General Services Administration for similar services when determining the maximum |
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140 | 140 | | 110reimbursable rate for such travel and incidental expenses. |
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141 | 141 | | 111 (4) The commission shall annually elect 1 of its members to serve as secretary and 1 of |
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142 | 142 | | 112its members to serve as treasurer. The secretary shall keep a record of the proceedings of the |
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143 | 143 | | 113commission and shall be the custodian and keeper of the records of all books, documents and 7 of 34 |
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144 | 144 | | 114papers filed by the commission and of its minute book. The secretary shall cause copies to be |
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145 | 145 | | 115made of all minutes and other records and documents of the commission and shall certify that |
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146 | 146 | | 116such copies are true copies, and all persons dealing with the commission may rely upon such |
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147 | 147 | | 117certification. No funds shall be transferred by the commission without the approval of the |
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148 | 148 | | 118commission and the signature of the treasurer. |
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149 | 149 | | 119 (b) (1) The chair shall have and exercise supervision and control over all the affairs of the |
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150 | 150 | | 120commission. The chair shall preside at all hearings at which the chair is present and shall |
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151 | 151 | | 121designate a commissioner to act as chair in the chair’s absence. To promote efficiency in |
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152 | 152 | | 122administration, the chair shall, from time to time, make such division or re-division of the work |
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153 | 153 | | 123of the commission among the commissioners as the chair deems expedient. |
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154 | 154 | | 124 (2) All of the commissioners shall, if so directed by the chair, participate in the hearing |
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155 | 155 | | 125and decision of any matter before the commission; provided, however, that at least 2 |
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156 | 156 | | 126commissioners shall participate in the hearing and decision of matters other than those of formal |
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157 | 157 | | 127or administrative character coming before the commission; provided further, that at least 1 |
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158 | 158 | | 128commissioner with a youth sports background shall participate in any such matters concerning |
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159 | 159 | | 129youth sports; and provided further, that any such matter may be heard, examined and |
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160 | 160 | | 130investigated by an employee of the commission designed and assigned by the chair, with the |
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161 | 161 | | 131concurrence of 1 other commissioner. Such employee shall make a report in writing relative to |
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162 | 162 | | 132the hearing, examination and investigation of every such matter to the commission for its |
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163 | 163 | | 133decision. For the purposes of hearing, examining and investigating any such matter, such |
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164 | 164 | | 134employee shall have all of the powers conferred upon a commissioner by this section. For each |
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165 | 165 | | 135hearing, the concurrence of a majority of the commissions participating in the decision shall be |
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166 | 166 | | 136necessary. 8 of 34 |
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167 | 167 | | 137 (c) (1) The commission shall appoint an executive director. The executive director shall |
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168 | 168 | | 138serve at the pleasure of the commission, shall receive such salary as may be determined by the |
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169 | 169 | | 139commission, and shall devote full time and attention to the duties of the office. The executive |
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170 | 170 | | 140director shall be a person with skill and experience in management and shall be the executive and |
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171 | 171 | | 141administrative head of the commission. The executive director shall be responsible for |
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172 | 172 | | 142administering and enforcing the provisions of law relative to the commission and to each |
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173 | 173 | | 143administrative unit thereof and shall serve as the commission’s liaison to the governor and |
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174 | 174 | | 144general court. |
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175 | 175 | | 145 (2) The executive director may, from time to time and subject to the approval of the |
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176 | 176 | | 146commission, establish within the commission such administrative units as may be necessary for |
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177 | 177 | | 147the efficient and economical administration of the commission and, when necessary for such |
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178 | 178 | | 148purpose, may abolish any such administrative unit or may merge any 2 or more units; provided, |
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179 | 179 | | 149however, that the commission shall at all times retain a division of combat sports responsible for |
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180 | 180 | | 150discharging the duties of sections 4 to 23, inclusive, and a division of youth sports responsible |
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181 | 181 | | 151for discharging the duties of section 24. The executive director shall prepare and keep current a |
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182 | 182 | | 152plan of organization of the commission, of the assignment of its functions to its various |
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183 | 183 | | 153administrative units, office and employees and of the place at which and the methods by which |
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184 | 184 | | 154the public may receive information or make requests. A current copy of the plan of organization |
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185 | 185 | | 155shall be kept on file with the state secretary and in the office of the secretary of administration |
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186 | 186 | | 156and finance. |
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187 | 187 | | 157 (3) The executive director shall appoint and employ the following positions: 9 of 34 |
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188 | 188 | | 158 (i) General counsel, who shall provide legal advice, ensure adherence to all applicable |
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189 | 189 | | 159general and special laws and represent the commission in legal proceedings; |
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190 | 190 | | 160 (ii) A compliance officer, who shall monitor adherence to any applicable state regulations |
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191 | 191 | | 161at all events licensed by the commission, collaborate with promoters and ensure that events align |
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192 | 192 | | 162with licensing agreements entered into under this chapter; provided, however, that the |
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193 | 193 | | 163compliance officer shall have a combat sports background or experience in regulatory roles |
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194 | 194 | | 164within athletics; |
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195 | 195 | | 165 (iii) A chief of communications and economic development, who shall prioritize national |
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196 | 196 | | 166promotion, venue support, strategic partnerships, public relations, economic impact analysis, |
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197 | 197 | | 167community development or any duties as may be assigned by the executive director; |
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198 | 198 | | 168 (iv) A chief of the combat sports division, who shall have a combat sports background in |
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199 | 199 | | 169the commonwealth; and |
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200 | 200 | | 170 (v) A chief of the youth sports division, who shall have a youth sports background in the |
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201 | 201 | | 171commonwealth. |
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202 | 202 | | 172 (4) The executive director may, subject to the approval of the commission, employ |
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203 | 203 | | 173additional employees, consultants, agents and advisors and shall attend meetings of the |
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204 | 204 | | 174commission. In the case of an absence of vacancy in the office of the executive director or in the |
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205 | 205 | | 175case of disability as determined by the commission, the commission may designate an active |
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206 | 206 | | 176executive director to serve as executive director until the vacancy is filled or the absence or |
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207 | 207 | | 177disability ceases. The acting executive director shall have all of the powers and duties of the |
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208 | 208 | | 178executive director and shall have similar qualification as the executive director. 10 of 34 |
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209 | 209 | | 179 (5) The executive director may appoint such persons as the executive director shall |
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210 | 210 | | 180consider necessary to perform the functions of the commission; provided, however, that chapter |
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211 | 211 | | 18131 and section 9A of chapter 30 shall not apply to commission employees. If an employee |
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212 | 212 | | 182serving in a position which is classified under said chapter 31 or in which an employee has |
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213 | 213 | | 183tenure by reason of said section 9A of said chapter 30 shall be appointed to a position within the |
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214 | 214 | | 184commission which is not subject to said chapter 31, the employee shall, upon termination of |
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215 | 215 | | 185service in such position, be restored to the position which the employee held immediately prior |
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216 | 216 | | 186to such appointment; provided however, that the employee’s service in such position shall be |
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217 | 217 | | 187determined by the civil service commission in accordance with the standards applied by that |
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218 | 218 | | 188commission in administering said section 9A of said chapter 30 and without loss of seniority, |
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219 | 219 | | 189retirement or other rights to which uninterrupted service in such prior position would have |
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220 | 220 | | 190entitled such employee. During the period of such appointment, each person so appointed from a |
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221 | 221 | | 191position in the classified civil service shall be eligible to take any competitive promotional |
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222 | 222 | | 192examination for which such person would otherwise have been eligible. Employees of the |
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223 | 223 | | 193commission, including employees working in the bureau, shall be classified as group 1 pursuant |
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224 | 224 | | 194to paragraph (g) of subdivision (2) of section 3 of chapter 32. |
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225 | 225 | | 195 (d) (1) The commission shall require a prospective employee to: (i) submit an application |
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226 | 226 | | 196and a personal disclosure on a form prescribed by the commission which shall include a |
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227 | 227 | | 197complete criminal history, including convictions and current charges for all felonies and |
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228 | 228 | | 198misdemeanors; (ii) undergo testing which detects the presence of illegal substances in the body; |
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229 | 229 | | 199(iii) provide fingerprints and a photograph consistent with standards adopted by the state police; |
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230 | 230 | | 200and (iv) provide authorization for the commission to conduct a background check. The |
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231 | 231 | | 201commission shall verify the identification, employment and education of each prospective 11 of 34 |
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232 | 232 | | 202employee, including: (i) legal name, including any alias; (ii) all secondary and post-secondary |
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233 | 233 | | 203educational institutions attended regardless of graduation status; and (iii) employment history. |
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234 | 234 | | 204 (2) The commission shall not hire a prospective employee if the prospective employee |
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235 | 235 | | 205has: (i) been convicted of any felony or misdemeanor involving a minor; (ii) had prior |
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236 | 236 | | 206involvement with any violation of the provisions of chapters 23K or 23N; (iii) been dismissed |
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237 | 237 | | 207from prior employment for gross misconduct or incompetence; or (iv) intentionally made a false |
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238 | 238 | | 208statement concerning a material fact in connection with the prospective employee’s application |
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239 | 239 | | 209to the commission. If an employee is charged with a felony or misdemeanor while employed by |
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240 | 240 | | 210the commission, the commission shall suspend the employee, with or without pay, and may |
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241 | 241 | | 211terminate employment with the commission upon conviction if, in the discretion of the |
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242 | 242 | | 212commission, the offense for which the employee has been convicted bears a close relationship to |
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243 | 243 | | 213the duties and responsibilities of the position held with the commission. |
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244 | 244 | | 214 (e) Chapters 268A and 268B shall apply to the commissioners and to employees of the |
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245 | 245 | | 215commission; provided, however, that the commission shall establish a code of ethics for all |
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246 | 246 | | 216members and employees that shall be at least as restrictive as said chapters 268A and 268B. A |
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247 | 247 | | 217copy of the code shall be filed with the state ethics commission. The code shall include |
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248 | 248 | | 218provisions reasonably necessary to carry out the purposes of this chapter and any other laws |
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249 | 249 | | 219subject to the jurisdiction of the commission including, but not limited to: (i) prohibiting the |
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250 | 250 | | 220receipt of gifts by commissioners and employees from any combat sports or youth sports |
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251 | 251 | | 221licensee, affiliate or other person or entity subject to the jurisdiction of the commission; (ii) |
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252 | 252 | | 222prohibiting the participation by commissioners and employees in a particular matter as defined in |
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253 | 253 | | 223section 1 of said chapter 268A that affects the financial interest of a relative within the third |
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254 | 254 | | 224degree of consanguinity or a person with whom such commissioner or employee has a significant 12 of 34 |
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255 | 255 | | 225relationship as defined in the code; and (iii) providing for recusal of a commissioner in any |
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256 | 256 | | 226decision of the commission due to a potential or perceived conflict of interest; provided, |
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257 | 257 | | 227however, that a commissioner’s or employee’s involvement with a youth sports team or |
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258 | 258 | | 228organization shall not be cause for a conflict of interest if said commissioner or employee is |
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259 | 259 | | 229involved solely as the parent of an athlete, a volunteer coach, or a volunteer trainer; and provided |
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260 | 260 | | 230further, that any such relationship shall be disclosed to the state ethics commission. |
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261 | 261 | | 231 (f) (1) No employee of the commission shall pursue any other business or occupation or |
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262 | 262 | | 232other gainful employment outside of the commission without the prior written approval of the |
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263 | 263 | | 233commission that such employment will not interfere or be in conflict with the employee’s duties |
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264 | 264 | | 234to the commission. |
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265 | 265 | | 235 (2) No commissioner shall hold a direct or indirect interest in, or be employed by, a |
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266 | 266 | | 236person licensed by the commission for a period of 3 years after the termination of employment |
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267 | 267 | | 237with the commission. |
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268 | 268 | | 238 (3) No employee of the commission shall acquire an interest in, or accept employment |
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269 | 269 | | 239with, a person licensed by the commission for a period of 1 year after the termination of |
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270 | 270 | | 240employment with the commission. |
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271 | 271 | | 241 (g) The commissioners and those employees holding major policymaking positions shall |
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272 | 272 | | 242be sworn to the faithful performance of their official duties. The commissioners and those |
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273 | 273 | | 243employees holding major policymaking positions shall: (i) conduct themselves in a manner so as |
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274 | 274 | | 244to render decisions that are fair and impartial and in the public interest; (ii) avoid impropriety and |
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275 | 275 | | 245the appearance of impropriety in all matters under their jurisdiction; (iii) avoid all prohibited |
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276 | 276 | | 246communications; (iv) require staff and personnel subject to their direction and control to observe 13 of 34 |
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277 | 277 | | 247the same standards of fidelity and diligence; (v) disqualify themselves from proceedings in |
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278 | 278 | | 248which their impartiality might reasonably be questioned; and (vi) refrain from financial or |
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279 | 279 | | 249business dealings which would tend to reflect adversely on impartiality. |
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280 | 280 | | 250 Neither the commission nor any of its officers, agents, employees, consultants or advisors |
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281 | 281 | | 251shall be subject to sections 9A, 45, 46 and 52 of chapter 30, chapter 31 or to chapter 200 of the |
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282 | 282 | | 252acts of 1976. |
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283 | 283 | | 253 (h) The Massachusetts state athletic commission shall be a commission for the purposes |
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284 | 284 | | 254of section 3 of chapter 12. |
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285 | 285 | | 255 Section 3. Powers of the commission. |
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286 | 286 | | 256 The commission shall have all powers necessary or convenient to carry out and effectuate |
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287 | 287 | | 257its purposes including, but not limited to, the power to: |
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288 | 288 | | 258 (i) appoint officers and hire employees; establish, and from time to time amend, a plan of |
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289 | 289 | | 259organization that it considers expedient; |
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290 | 290 | | 260 (ii) execute all instruments necessary or convenient for accomplishing the purposes of |
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291 | 291 | | 261this chapter; |
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292 | 292 | | 262 (iii) enter into agreements or other transactions with a person, including, but not limited |
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293 | 293 | | 263to, a public entity or other governmental instrumentality or authority in connection with its |
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294 | 294 | | 264powers and duties under this chapter; |
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295 | 295 | | 265 (iv) appear on its own behalf before boards, commissions, departments or other agencies |
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296 | 296 | | 266of municipal, state or federal government; 14 of 34 |
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297 | 297 | | 267 (v) apply for and accept subventions, grants, loans, advances and contributions of money, |
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298 | 298 | | 268property, labor or other things of value from any source, to be held, used and applied for its |
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299 | 299 | | 269purposes; |
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300 | 300 | | 270 (vi) provide and pay for advisory services and technical assistance that may be necessary |
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301 | 301 | | 271in its judgment to carry out this chapter and fix the compensation of persons providing such |
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302 | 302 | | 272services or assistance; |
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303 | 303 | | 273 (vii) prepare, publish and distribute, with or without charge as the commission may |
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304 | 304 | | 274determine, such studies, reports, bulletins and other materials as the commission considers |
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305 | 305 | | 275appropriate; |
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306 | 306 | | 276 (viii) require an applicant for a position which requires a license under this chapter to |
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307 | 307 | | 277apply for such license and approve or disapprove any such application or other transactions, |
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308 | 308 | | 278events and processes as provided in this chapter; |
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309 | 309 | | 279 (viii) deny an application or limit, condition, restrict, revoke or suspend a license, |
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310 | 310 | | 280registration, finding of suitability or approval, or fine a person licensed, registered, found |
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311 | 311 | | 281suitable or approved for any cause that the commission deems reasonable; |
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312 | 312 | | 282 (ix) gather facts and information applicable to the commission’s obligation to issue, |
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313 | 313 | | 283suspend or revoke licenses, work permits or registrations for: (i) a violation of this chapter or any |
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314 | 314 | | 284regulation adopted by the commission; (ii) willfully violating an order of the commission |
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315 | 315 | | 285directed to a licensee; (iii) the conviction of a criminal offense; or (iv) the violation of any other |
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316 | 316 | | 286offense which would disqualify such a licensee from holding a license, work permit or |
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317 | 317 | | 287registration; 15 of 34 |
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318 | 318 | | 288 conduct investigations into the qualifications of all applicants for employment by the |
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319 | 319 | | 289commission and by any regulated entity and all applications for licensure; |
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320 | 320 | | 290 (x) request and receive from the state police, the criminal history systems board or other |
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321 | 321 | | 291criminal justice agencies including, but not limited to, the Federal Bureau of Investigation and |
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322 | 322 | | 292the Internal Revenue Service, such criminal offender record information relating to criminal and |
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323 | 323 | | 293background investigations as necessary for the purpose of evaluating employees of, and |
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324 | 324 | | 294applicants for employment by, the commission and any regulated entity, and evaluating licensees |
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325 | 325 | | 295and applicants for licensure under this chapter; |
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326 | 326 | | 296 (xi) levy and collect assessments, fees and fines and impose penalties and sanctions for a |
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327 | 327 | | 297violation of this chapter or any regulations promulgating by the commission; |
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328 | 328 | | 298 (xii) collect taxes and fees under this chapter; |
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329 | 329 | | 299 (xiii) restrict, suspend or revoke licenses issued under this chapter; |
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330 | 330 | | 300 (xiv) conduct adjudicatory proceedings and promulgate regulations in accordance with |
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331 | 331 | | 301chapter 30A; |
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332 | 332 | | 302 (xv) refer cases for criminal prosecution to the appropriate federal, state or local |
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333 | 333 | | 303resources; |
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334 | 334 | | 304 (xvi) issue subpoenas and compel the attendance of witnesses at any place within the |
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335 | 335 | | 305commonwealth, administer oaths and require testimony under oath before the commission in the |
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336 | 336 | | 306course of an investigation or hearing conducted under this chapter; |
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337 | 337 | | 307 (xvii) maintain an official internet website for the commission; 16 of 34 |
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338 | 338 | | 308 adopt, amend or repeal regulations for the implementation, administration and |
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339 | 339 | | 309enforcement of this chapter; and |
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340 | 340 | | 310 (xviii) act as trustees for the Boxers’ Fund established in section 2AAAA½ of chapter 29 |
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341 | 341 | | 311and the State Athletic Commission Fund established in section 2AAAA of said chapter 29. |
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342 | 342 | | 312 Section 4. Necessity of license to hold boxing, kickboxing, mixed martial arts or other |
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343 | 343 | | 313unarmed combative sporting event or sparring match or exhibition. |
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344 | 344 | | 314 No boxing, kickboxing, mixed martial arts or other unarmed combative sporting event or |
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345 | 345 | | 315sparring match or exhibition for a prize or purse, or at which an admission fee is charged, either |
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346 | 346 | | 316directly or indirectly, in the form of dues or otherwise, whether professional or amateur, shall |
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347 | 347 | | 317take place or be conducted except in accordance with a license granted as hereinafter provided |
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348 | 348 | | 318by the commission. Applications for a license shall be accompanied by the fee, as established |
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349 | 349 | | 319annually the commissioner of administration and finance pursuant to section 3B of chapter 7, |
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350 | 350 | | 320which may take into consideration the population of the city or town or the seating capacity of |
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351 | 351 | | 321the building or place in which the match or exhibition is to be held; provided, however, that a |
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352 | 352 | | 322license, the fee for which is established on the basis of seating capacity of a building or place as |
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353 | 353 | | 323aforesaid, shall be exercised only in such building or place. Toughman or similar type matches or |
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354 | 354 | | 324exhibitions shall be prohibited. In the case of exhibitions or bouts held in accordance with the |
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355 | 355 | | 325rules and regulations of amateur organizations as may be approved by the commission, the |
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356 | 356 | | 326commission may issue special licenses without the requirement of a bond as provided in section |
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357 | 357 | | 3276 or payment of the annual fee. |
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358 | 358 | | 328 Any persons holding, conducting, promoting or participating in a match or exhibition |
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359 | 359 | | 329held without a license, as provided in section 5, or a toughman or similar type match or 17 of 34 |
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360 | 360 | | 330exhibition, shall be punished by imprisonment in the house of corrections for not more than 3 |
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361 | 361 | | 331months or by a fine of not more than $10,000, or both such fine and imprisonment. |
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362 | 362 | | 332 Matches or exhibitions under the governance of the Massachusetts Interscholastic |
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363 | 363 | | 333Athletic Association, the National Collegiate Athletic Association or any equivalent school or |
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364 | 364 | | 334college organization shall be exempt from the requirements of this section if the competitors are |
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365 | 365 | | 335amateurs; provided, however, that any such match or exhibition that the commission determines |
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366 | 366 | | 336to be a youth sport shall be subject to the licensing requirements contained herein. In the case of |
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367 | 367 | | 337such a youth sport, the commission may, at its discretion, issue a special license without the |
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368 | 368 | | 338requirement of a bond as provided in section 6 or payment of the annual fee. |
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369 | 369 | | 339 A license may be granted to an applicant under this chapter, notwithstanding the social |
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370 | 370 | | 340security number requirements of section 13A of chapter 30A; provided, however, that the |
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371 | 371 | | 341applicant provides a form of identification sufficient to identify the applicant. |
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372 | 372 | | 342 Section 5. Issuance and term of license; revocation of license; issuance of license for |
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373 | 373 | | 343toughman competition prohibited. |
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374 | 374 | | 344 In accordance with this chapter, the commission may issue licenses to conduct boxing, |
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375 | 375 | | 345kickboxing, mixed martial arts or other unarmed combative sporting events, sparring matches |
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376 | 376 | | 346and exhibitions. The license shall be valid only for the date approved by the commission. The |
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377 | 377 | | 347commission may revoke the license at any time in the interest of public safety. No license shall |
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378 | 378 | | 348be issued for a toughman competition or similar event. |
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379 | 379 | | 349 Section 6. Bond 18 of 34 |
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380 | 380 | | 350 Except as otherwise provided in subsections (a) and (c) of section 4, no license as |
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381 | 381 | | 351aforesaid shall be granted unless the licensee has executed and filed with the commission a bond |
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382 | 382 | | 352in a penal sum of $50,000, with such surety or sureties as shall be satisfactory to the commission, |
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383 | 383 | | 353running to the commission, conditioned upon the payment to the commonwealth of the sums |
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384 | 384 | | 354mentioned in section 15, and upon faithful compliance by the licensee with the provisions of this |
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385 | 385 | | 355chapter, the rules and regulations of the commission and with such other laws of the |
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386 | 386 | | 356commonwealth and may be applicable to anything done by the licensee in pursuance of the |
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387 | 387 | | 357license. The commission may enforce the terms of the bond for the use and benefit of any person |
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388 | 388 | | 358who may suffer loss by reason of the failure by the licensee to carry out terms of the bout |
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389 | 389 | | 359agreement or due to acts of the licensee determined to be detrimental to combat sports. The bond |
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390 | 390 | | 360shall also provide for a forfeiture to the commonwealth, recoverable at the suit of the attorney |
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391 | 391 | | 361general, of each sum, not exceeding $10,000, as may be stipulated in the bond for each case of |
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392 | 392 | | 362non-compliance. |
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393 | 393 | | 363 Section 7. Licenses for physician, promoter, referee, judge, timekeeper, professional |
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394 | 394 | | 364boxer, kickboxer, mixed martial arts contestant or other unarmed combative sport contestant, or a |
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395 | 395 | | 365manager, trainer or second of such a contestant; fees. |
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396 | 396 | | 366 No person shall act, directly or indirectly, as a physician, promoter, referee, judge, |
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397 | 397 | | 367timekeeper, professional boxer, kickboxer, mixed martial arts contestant or other unarmed |
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398 | 398 | | 368combative sport contestant, or as a manager, trainer or second of such a contestant, at a match or |
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399 | 399 | | 369exhibition or as a matchmaker therefore, unless licensed by the commission upon receipt of the |
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400 | 400 | | 370classified fee to be determined annually by the commissioner of administration and finance |
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401 | 401 | | 371under section 3B of chapter 7. The commission shall set minimum requirements for licensure |
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402 | 402 | | 372based upon skill or other fundamental prerequisites deemed necessary to adequately and safely 19 of 34 |
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403 | 403 | | 373execute the functions of the respective position. The commission may refuse to license any |
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404 | 404 | | 374individual who does not meet those requirements or whose safety and well-being it determines |
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405 | 405 | | 375will be put at substantial risk by engaging in their respective position. Whoever acts in such |
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406 | 406 | | 376capacity, without being so license shall be punished by a fine of not more than $10,000. Any |
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407 | 407 | | 377official who desires to officiate without charge at amateur boxing or sparring matching or |
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408 | 408 | | 378exhibitions shall be licensed without charge. In accordance with section 12, the commission may |
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409 | 409 | | 379license an individual who is under 18 years of age without charge. |
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410 | 410 | | 380 Section 8. Amateur boxing, mixed martial arts or other unarmed combative sporting |
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411 | 411 | | 381events, sparring matches and exhibitions; acknowledgment of rules and regulations of amateur |
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412 | 412 | | 382governing body; licensing of amateur referees, judges and officials; limitation on number and |
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413 | 413 | | 383timing of competitions; gloves. |
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414 | 414 | | 384 Notwithstanding section 9, the commission shall, in the conduct of all amateur boxing, |
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415 | 415 | | 385mixed martial arts or other unarmed combative sporting events, sparring matches and exhibitions |
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416 | 416 | | 386sanctioned by the national governing body and its local affiliate which are appointed and |
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417 | 417 | | 387recognized by the United States Olympic Committee for such purposes, acknowledge and follow |
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418 | 418 | | 388the rules and regulations of the amateur governing bodies. |
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419 | 419 | | 389 No amateur match which is subject to section 4 shall be held unless it is licensed by the |
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420 | 420 | | 390commission and sanctioned and supervised by an amateur sanctioning organization approved by |
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421 | 421 | | 391the commission. |
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422 | 422 | | 392 The commission shall recognize and license, upon receipt of the classified fee to be |
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423 | 423 | | 393determined annually by the commissioner of administration and finance of section 3B of chapter 20 of 34 |
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424 | 424 | | 3947, the amateur referees, judges and other amateur officials assigned to the amateur matches or |
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425 | 425 | | 395exhibitions by the amateur governing bodies and certified under their rules and regulations. |
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426 | 426 | | 396 The commission shall cooperate fully with the amateur boxing governing bodies to assure |
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427 | 427 | | 397that amateur boxers are eligible to participate and compete for selection to the United States |
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428 | 428 | | 398Olympic boxing team. |
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429 | 429 | | 399 No contestant in amateur boxing shall compete in more than 2 tournaments in any 7-day |
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430 | 430 | | 400period, nor shall the contestant participate in more than 3 contests in a period of 13 hours. All |
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431 | 431 | | 401amateur boxing or sparring matches or exhibitions shall terminate not later than 12:30 a.m. on |
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432 | 432 | | 402the day following the start of the match. |
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433 | 433 | | 403 During a contest, contestants in amateur boxing or kickboxing matches or exhibitions |
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434 | 434 | | 404shall wear gloves weighing at least 8 ounces each unless otherwise authorized by the amateur |
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435 | 435 | | 405boxing governing body. During a contest, contestants in amateur mixed martial arts and other |
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436 | 436 | | 406unarmed combative sport matches or exhibitions shall wear gloves weighing at least 4 ounces |
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437 | 437 | | 407each unless otherwise authorized by the amateur governing body. |
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438 | 438 | | 408 Section 9. Necessity of referee and judges; power and duties; vote; decision; forfeitures; |
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439 | 439 | | 409fees of officials; payment |
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440 | 440 | | 410 (a) At every boxing, kickboxing, mixed martial arts or other unarmed combative sporting |
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441 | 441 | | 411event, sparring match or exhibition there shall be in attendance a referee, duly licensed under this |
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442 | 442 | | 412section and sections 7 and 8. There shall also be in attendance at least 3 duly-licensed judges, |
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443 | 443 | | 413each of whom shall, at the termination of a match or exhibition, vote for the contestant in whose |
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444 | 444 | | 414favor the decision should, in their opinion, be rendered or, for a draw if, in their opinion, neither |
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445 | 445 | | 415contestant is entitled to a decision in their favor and the decision shall be rendered in favor of the 21 of 34 |
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446 | 446 | | 416contestant receiving a majority of the votes or, if neither receives a majority as aforementioned, a |
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447 | 447 | | 417decision of a draw shall be rendered. Upon the rendering of a decision, the vote of each judge |
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448 | 448 | | 418shall be announced from the ring. The referee shall have full power to stop the match or |
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449 | 449 | | 419exhibition whenever they deem it advisable because of the physical condition of a contestant or |
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450 | 450 | | 420when 1 contestant is clearly outclassed by their opponent or for other sufficient reason. |
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451 | 451 | | 421 (b) The commission shall set forth rules and regulations for contracts between a manager |
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452 | 452 | | 422and an unarmed combatant and contracts between a promoter and an unarmed combatant. An |
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453 | 453 | | 423unarmed combatant may not enter into a contract with a manager or a promoter unless it is filed |
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454 | 454 | | 424with the commission prior to a scheduled contest in an amount of time set forth by the |
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455 | 455 | | 425commission. The commission shall only honor a contract that is executed and notarized on a |
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456 | 456 | | 426form provided by the commission, unless the terms of the contract comply with the requirements |
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457 | 457 | | 427set forth by the commission. |
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458 | 458 | | 428 (c) The commission shall be the sole arbiter of a breach of contract and may establish |
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459 | 459 | | 429rules governing breach of contract dispute resolution. If during a contest, a contestant is believed |
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460 | 460 | | 430to not be competing in good faith, a member of the commission or their designee shall withhold |
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461 | 461 | | 431any prize, remuneration or purse until a hearing can be held. The commission shall at a hearing |
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462 | 462 | | 432following the contest declare forfeited any prize, remuneration or purse or any part thereof, |
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463 | 463 | | 433belonging to a contestant if, in the judgment of a majority of the commissioners, after |
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464 | 464 | | 434consultation with the judges and the referee, the contestant was not competing in good faith. |
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465 | 465 | | 435 (d) Whoever violates any provision of this chapter or who conducts themselves at any |
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466 | 466 | | 436time or place in a manner which is deemed by the commission to reflect discredit to any unarmed 22 of 34 |
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467 | 467 | | 437combative sports, may have their license revoked and fined, suspended or otherwise disciplined |
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468 | 468 | | 438in such manner as the commission may direct. |
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469 | 469 | | 439 Section 10. Necessity of physician; duties; qualifications; fees; certificate of contestant’s |
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470 | 470 | | 440fitness |
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471 | 471 | | 441 At any boxing, kickboxing, mixed martial arts or other unarmed combative sporting |
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472 | 472 | | 442event, sparring match or exhibition there shall be in attendance at least 1 duly licensed physician, |
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473 | 473 | | 443whose duty it shall be to observe the physical condition of the contestants and advise the referee |
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474 | 474 | | 444or judges with regard thereto. A competent physician who has at least 3 years of experience as a |
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475 | 475 | | 445medical practitioners may be licensed. No contestant shall be allowed to enter the ring unless a |
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476 | 476 | | 446physician licensed under this section and section 7 certifies in writing that the contestant is |
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477 | 477 | | 447physically fit to engage in the proposed contest. The physician’s fee, as fixed by the commission, |
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478 | 478 | | 448shall be paid by the licensee conducting the match or exhibition. |
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479 | 479 | | 449 Section 11. Number and time of rounds; frequency of tournaments or contests; gloves; |
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480 | 480 | | 450protective devices |
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481 | 481 | | 451 No boxing, kickboxing or other unarmed combative sporting match or exhibition shall |
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482 | 482 | | 452exceed 10 rounds; provided, however, if a match is to determine a championship, it may exceed |
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483 | 483 | | 453the round limits with the prior approval of the commission. No mixed martial arts match or |
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484 | 484 | | 454exhibition shall exceed 3 rounds; provided, however, if a match is to determine a championship, |
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485 | 485 | | 455it may exceed the round limits with the prior approval of the commission. No round in a boxing, |
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486 | 486 | | 456kickboxing or other unarmed combative sporting match or exhibition shall exceed 3 minutes. No |
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487 | 487 | | 457round in a mixed martial arts match or exhibition shall exceed 5 minutes. No contestant in a |
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488 | 488 | | 458professional match or exhibition shall participate in more than 10 rounds unless otherwise 23 of 34 |
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489 | 489 | | 459authorized by the commission, as the case may be, during a 72-hour period. During a contest, |
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490 | 490 | | 460contestants in professional boxing and kickboxing matches or exhibitions shall wear gloves |
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491 | 491 | | 461weighing at least 8 ounces each unless otherwise authorized by the commission. During a |
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492 | 492 | | 462contest, contestants in mixed martial arts and other unarmed combative sporting events, matches |
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493 | 493 | | 463or exhibitions shall wear gloves weighing at least 4 ounces each unless otherwise authorized by |
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494 | 494 | | 464the commission. Every contestant participating in boxing, kickboxing, mixed martial arts or |
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495 | 495 | | 465other unarmed combative sporting event or exhibition shall be required to wear standard |
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496 | 496 | | 466protective devices as outlined by regulation by the commission. |
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497 | 497 | | 467 Section 12. Ages of contestants and persons admitted to matches |
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498 | 498 | | 468 (a) Except as hereinafter provided, no contestant under 18 years of age or over 34 years |
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499 | 499 | | 469of age shall be permitted to engage in a boxing, kickboxing, mixed martial arts or other unarmed |
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500 | 500 | | 470combative sport event, sparring match or exhibition, except that the age requirement shall not |
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501 | 501 | | 471apply to a world boxing champion who is still actively engaged as a professional boxer, or to a |
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502 | 502 | | 472former boxing champion of the world who has not been inactive as a professional boxer for more |
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503 | 503 | | 473than 2 years from the date of their last boxing contest; provided, however, that an amateur boxer |
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504 | 504 | | 474shall be allowed to compete as such at the age of 16. At the discretion of the commission, a |
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505 | 505 | | 475professional boxer, kickboxer, mixed martial arts contestant or other unarmed combat sports |
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506 | 506 | | 476contest over the age of 34 may be permitted to engage in a match if the contestant has passed a |
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507 | 507 | | 477physical examination or is otherwise medically cleared to participate by a physician selected by |
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508 | 508 | | 478the commission. At the discretion of the commission, an amateur boxer who is 16 or 17 years of |
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509 | 509 | | 479age may be licensed as a professional boxer. The foregoing shall not apply to courses of |
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510 | 510 | | 480instruction in boxing, kickboxing, mixed martial arts or other unarmed combative sports |
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511 | 511 | | 481sponsored and conducted by recognized boys and girls clubs, youth organizations, private clubs 24 of 34 |
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512 | 512 | | 482and athletic associations, schools or colleges, municipal or state park or recreational departments, |
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513 | 513 | | 483law enforcement organizations or incorporated, private, nonprofit boxing teams, under the |
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514 | 514 | | 484supervision of qualified instructors and directors; provided, however, that at the discretion of the |
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515 | 515 | | 485commission the requirements relative to amateur boxing, kickboxing, mixed martial arts or other |
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516 | 516 | | 486unarmed combative sports under sections 4 to 23, inclusive, may apply to such courses of |
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517 | 517 | | 487instruction and any related matches or exhibitions. |
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518 | 518 | | 488 (b) No person under the age of 16 shall be admitted to, or be present at, a professional |
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519 | 519 | | 489match or exhibition unless accompanied by an adult. |
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520 | 520 | | 490 Section 13. Boxer, kickboxer, mixed martial arts contestant or other unarmed combative |
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521 | 521 | | 491sport contestant previously knocked out six or more times |
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522 | 522 | | 492 No professional boxer, kickboxer, mixed martial arts contestant or other unarmed |
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523 | 523 | | 493combative sport contestant licensed under section 7 who has been knocked out, technically or |
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524 | 524 | | 494otherwise, or lost a contest by way of submission, 6 or more times in the preceding 12 months |
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525 | 525 | | 495shall take part in a match or exhibition until they have been examined and found fit to take part |
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526 | 526 | | 496in a match or exhibition, by a physician selected by the commission, at a place and time |
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527 | 527 | | 497designated by the commission. The cost of conducting the examination shall be borne by the |
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528 | 528 | | 498contestant. If a contestant is found unfit to engage in a match or exhibition, they shall be |
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529 | 529 | | 499excluded from participation for 3 months, after which time they may make a request to the |
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530 | 530 | | 500commission for another physical examination. A license issued to an individual under section 7 |
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531 | 531 | | 501shall be immediately suspended for at least 30 days if the individual is knocked out. |
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532 | 532 | | 502 Section 14. Insurance on contestants 25 of 34 |
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533 | 533 | | 503 A person licensed under section 5 to conduct boxing, kickboxing, mixed martial arts or |
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534 | 534 | | 504other unarmed combative sport events, sparring matches or exhibitions, except those persons to |
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535 | 535 | | 505whom a special license may be granted thereunder without the requirement of a bond or payment |
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536 | 536 | | 506of the annual fee, shall take out a policy of accident insurance on each contestant participating in |
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537 | 537 | | 507the match or exhibition in the amount of $5,000 to compensate said contestant for medical and |
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538 | 538 | | 508hospital expenses incurred as the result of injuries received in such match or exhibition and a |
---|
539 | 539 | | 509policy in the amount of $50,000 to be paid to the estate of the deceased contestant in the event of |
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540 | 540 | | 510death to the contestant resulting from participation in the match or exhibition. The premiums on |
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541 | 541 | | 511the policies shall be paid by the licensee. |
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542 | 542 | | 512 Section 15. Percentage of receipts paid to commonwealth; reports to commission; filing |
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543 | 543 | | 513of contracts entered into for sale, lease or exploitation of broadcasting rights; enforcement |
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544 | 544 | | 514 (a) Every licensee holding or conducting a boxing, kickboxing, mixed martial arts or |
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545 | 545 | | 515other unarmed combative sporting event, sparring match or other unarmed combative sporting |
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546 | 546 | | 516event, sparring match or exhibition shall, before the commencement of the final feature bout of |
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547 | 547 | | 517the event, pay to the commission a sum equal to 5 per cent of the total gross receipts from the |
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548 | 548 | | 518sale of tickets or from admission fees. The licensee shall pay to the commission an additional |
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549 | 549 | | 519sum equal to 2 per cent of the total gross receipts generated by the sale, lease or other |
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550 | 550 | | 520exploitation of the television, pay-per-view, motion picture or other broadcasting rights, |
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551 | 551 | | 521regardless of whether the event is broadcast live or in the future, such sum to be paid by the |
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552 | 552 | | 522licensee whether or not the licensee ever receives a portion of that amount; provided, however, |
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553 | 553 | | 523that if the match or exhibition is conducted as an incidental feature in an event or entertainment |
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554 | 554 | | 524of a different character, the portion of the total receipts and the total amount shall be paid to the |
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555 | 555 | | 525commonwealth, as the commission may determine or as may be fixed by rule adopted by the 26 of 34 |
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556 | 556 | | 526commission. If the payment is for a fixed amount, payment shall be made 24 hours prior to the |
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557 | 557 | | 527event but in no event shall payment be made later than 48 hours after the live event. Pay-per- |
---|
558 | 558 | | 528view showings of an event more than 48 hours after the live event shall be exempt from the |
---|
559 | 559 | | 529requirements of this section. The broadcasting fee imposed under this section shall be not more |
---|
560 | 560 | | 530than $75,000 per event. Within 72 hours after its conclusion, the licensee shall furnish to the |
---|
561 | 561 | | 531commonwealth a report, showing the exact number of tickets sold and admission fees collected |
---|
562 | 562 | | 532for the contest, the gross receipts thereof and such other data as the commission may require. |
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563 | 563 | | 533 (b) A licensee holding or conducting a boxing, kickboxing, mixed martial arts or other |
---|
564 | 564 | | 534unarmed combative sporting event, sparring match or exhibition shall, at least 48 hours before a |
---|
565 | 565 | | 535licensed contest or exhibition, file with the commission a copy of all contracts entered into for |
---|
566 | 566 | | 536the sale, lease, or other exploitation of broadcasting rights for the contest or exhibition. All |
---|
567 | 567 | | 537contracts filed with the commission under this section shall be exempt from disclosure in section |
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568 | 568 | | 53810 of chapter 66. The commission shall enforce this section. |
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569 | 569 | | 539 Section 16. Boxers’ Fund |
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570 | 570 | | 540 Every licensee holding or conducting any boxing, kickboxing, mixed martial arts or other |
---|
571 | 571 | | 541unarmed combative sporting event or sparring match or exhibition shall, before the |
---|
572 | 572 | | 542commencement of the feature bout of the event, pay to the state treasurer, in addition to the |
---|
573 | 573 | | 543payment required under section 15, a sum equal to 1 per cent of the total gross receipts from the |
---|
574 | 574 | | 544sale or tickets or from admission fees; provided, however, that if the match or exhibition is |
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575 | 575 | | 545conducted as an incidental feature in an event or entertainment of a different character, the |
---|
576 | 576 | | 546portion of the total receipts shall be paid to the commonwealth as the commission may 27 of 34 |
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577 | 577 | | 547determine. Such sums shall be credited by the state treasurer to the Boxers’ Fund established |
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578 | 578 | | 548pursuant to section 2AAAA½ of chapter 29. |
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579 | 579 | | 549 Section 17. Number of persons admitted; limitation |
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580 | 580 | | 550 No licensee under section 5 shall sell or cause to be sold or issued more tickets or |
---|
581 | 581 | | 551invitations purporting to admit to any such match or exhibition, or otherwise admit to the same, |
---|
582 | 582 | | 552more persons than are admissible according to the authorized capacity of the building, or part |
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583 | 583 | | 553thereof actually used therefor. |
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584 | 584 | | 554 Section 18. Revocation or suspension of license; administrative penalty |
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585 | 585 | | 555 (a) Any license may be revoked or suspended by the commission for a violation of any |
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586 | 586 | | 556provision of this chapter or of any other law of the commonwealth or of any rule or regulation |
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587 | 587 | | 557adopted by the commission or whenever the licensee has, in the judgment of the commission, |
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588 | 588 | | 558been guilty of any act or offense detrimental to the public interest. |
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589 | 589 | | 559 (b) The commission may suspend a license of a combatant issued under section 7 without |
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590 | 590 | | 560a hearing upon a finding that it would be unsafe for the individual to compete until either the |
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591 | 591 | | 561passing of a fixed period of time or upon medical clearance. The commission may assess an |
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592 | 592 | | 562administrative penalty not to exceed $2,000 for each violation of this chapter or the |
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593 | 593 | | 563commission’s rules and regulations committed by an individual required to be licensed herein. |
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594 | 594 | | 564 Section 19. Financial interest of licensee in boxer; prepayment of contestant |
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595 | 595 | | 565 No licensee under section 5 shall have, directly or indirectly, any financial interest in a |
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596 | 596 | | 566boxer, kickboxer, mixed martial arts contestant or other unarmed combative sport contestant |
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597 | 597 | | 567competing on premises owned or leased by the licensee, or in which the licensee is otherwise 28 of 34 |
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598 | 598 | | 568interested. No contestant in a match or exhibition shall be paid for services before the same are |
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599 | 599 | | 569rendered. |
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600 | 600 | | 570 Section 20. Enjoining unlicensed or illegal matches |
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601 | 601 | | 571 The superior court shall have jurisdiction in equity upon any information filed by the |
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602 | 602 | | 572commission, the attorney general, the district attorney for the district where a match or exhibition |
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603 | 603 | | 573is held or is announced to be held, the police authorities of the city or town where a match or |
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604 | 604 | | 574exhibition is held or is announced to be held, or by any five legal voters of the commonwealth |
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605 | 605 | | 575stating that a certain building, tenement or place is used for matches or exhibitions, whether |
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606 | 606 | | 576professional or amateur, by an individual, group, partnership, club, corporation or association not |
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607 | 607 | | 577licensed under section 5 or contrary to any provision of this sections 4 to 23, inclusive, or that a |
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608 | 608 | | 578match or exhibition is being advertised or announced, or has been advertised or announced, to |
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609 | 609 | | 579take place in a certain building or place, or that a certain individual, club, corporation or |
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610 | 610 | | 580association is selling, exchanging or giving away tickets, tokens or symbols purporting to entitle |
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611 | 611 | | 581the holder to the right or privilege of attending a certain match or exhibition not licensed by the |
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612 | 612 | | 582commission and contrary to the provisions of this chapter to enjoin and abate the same as a |
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613 | 613 | | 583common nuisance. |
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614 | 614 | | 584 Section 21. Prohibition of licensed event by municipality; notice of exercise of municipal |
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615 | 615 | | 585option |
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616 | 616 | | 586 The commission shall notify a municipality in writing of the issuance of a license for an |
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617 | 617 | | 587event scheduled to take place therein within 24 hours of said issuance. At its option, a |
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618 | 618 | | 588municipality may prohibit an event licensed by the commission under section 5. The prohibition |
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619 | 619 | | 589shall be by a majority vote of the city council with approval of the mayor in a city or by a 29 of 34 |
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620 | 620 | | 590majority vote of the select board in a town. The municipal option shall be exercised within 7 |
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621 | 621 | | 591days of issuance of a license by the commission. The municipality shall notify the commission |
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622 | 622 | | 592within 24 hours of any such action. Upon receipt of such notice, the commission shall |
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623 | 623 | | 593immediately notify the promoter of the determination of the municipality and the license shall be |
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624 | 624 | | 594revoked. |
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625 | 625 | | 595 Section 22. Courses of instruction in boxing, kickboxing, mixed martial arts and other |
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626 | 626 | | 596unarmed combative sports or matches or exhibitions sponsored by youth organizations, private |
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627 | 627 | | 597clubs, law enforcement agencies, etc. |
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628 | 628 | | 598 Except as otherwise provided herein, courses of instruction in boxing, kickboxing, mixed |
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629 | 629 | | 599martial arts and other unarmed combative sports, or sparring matches or exhibitions sponsored |
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630 | 630 | | 600and conducted by recognized boys and girls clubs, youth organization, private clubs and athletic |
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631 | 631 | | 601associations, schools and colleges, law enforcement agencies or municipal or state parks and |
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632 | 632 | | 602recreation departments, under the supervision of qualified instructors and directors, shall not |
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633 | 633 | | 603require a license under section 5 to be conducted; provided, however, that the commission may |
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634 | 634 | | 604at its discretion require a match or exhibition under this section to procure a license under section |
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635 | 635 | | 6055 if such match or exhibition is conducted in substantially the same character as amateur or |
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636 | 636 | | 606professional matches which require licensure pursuant to this chapter. |
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637 | 637 | | 607 Section 23. Statutes not applicable to matches or exhibitions |
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638 | 638 | | 608 Sections 9 to 12, inclusive, of chapter 265 shall not apply to any boxing, kickboxing, |
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639 | 639 | | 609mixed martial arts or other unarmed combative sporting event or sparring match or exhibition |
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640 | 640 | | 610licensed under section 5 and conducted under and in accordance with this chapter and any |
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641 | 641 | | 611accompanying rules and regulations promulgated by the commission. 30 of 34 |
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642 | 642 | | 612 Section 24. Regulation of youth sports; public education campaign; recommendations |
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643 | 643 | | 613 (a) The commission shall promulgate rules and regulations related to participation in and |
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644 | 644 | | 614the administration of youth sports in the commonwealth. Regulations may include, but not be |
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645 | 645 | | 615limited to: (i) maximum participation hours per youth sport in a defined period of time; (ii) |
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646 | 646 | | 616licensing of businesses and coaches, including licensing fees and the conditions under which any |
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647 | 647 | | 617such licensing fee may be waived to promote access to participation; (iii) criminal offender |
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648 | 648 | | 618record information, provided that the commission may prohibit an individual from obtaining any |
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649 | 649 | | 619applicable license on the basis of a felony conviction in order to prioritize player safety, at the |
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650 | 650 | | 620discretion of the commission; and (iv) standards for player safety, including concussion |
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651 | 651 | | 621protocols and athletic trainer requirements. |
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652 | 652 | | 622 (b) Except as provided for by any general or special law to the contrary, the commission |
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653 | 653 | | 623shall enforce such rules and regulations; provided, however, that penalties for noncompliance |
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654 | 654 | | 624under this section may include, but not be limited to: (i) suspension or revocation of any |
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655 | 655 | | 625applicable license issued by the commission; (ii) enjoinment and abatement of a particular youth |
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656 | 656 | | 626sports event occurring in violation of this section; or (iii) fines as determined by the commission. |
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657 | 657 | | 627 (c) The commission shall conduct a public education campaign regarding youth sports. |
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658 | 658 | | 628The commission shall exercise its discretion with regard to distribution means and methods; |
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659 | 659 | | 629provided, however, that said campaign shall be directed primarily toward parents, coaches, youth |
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660 | 660 | | 630athletes and other members of the public. Said campaign shall include, but not be limited to, the |
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661 | 661 | | 631physical and mental health, personal financial and economic development impacts of youth |
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662 | 662 | | 632sports. The commission shall consult with subject matter experts in the preparation of said |
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663 | 663 | | 633campaign, including on the matters of single sport specialization, appropriate training and 31 of 34 |
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664 | 664 | | 634overtraining conscious of athlete age and the relationship between youth sports participation and |
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665 | 665 | | 635higher education or career outcomes. |
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666 | 666 | | 636 (d) The commission shall annually, not later than November 1, file a written report with |
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667 | 667 | | 637the respective clerks of the senate and house of representatives, the joint committee on economic |
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668 | 668 | | 638development and emerging technologies and the joint committee on health care financing |
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669 | 669 | | 639describing therein the activities undertaken by the commission regarding youth sports for the |
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670 | 670 | | 640prior year, including any recommendations or requests for legislation arising therefrom in |
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671 | 671 | | 641furtherance of the purpose of the commission and the current rates of any licensing fees fixed by |
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672 | 672 | | 642the commission in accordance with subsection (a) of this section, if any. The commission may, at |
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673 | 673 | | 643any time, request or recommend such legislative remedies, provided that any such previously |
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674 | 674 | | 644extended request or recommendation shall also be summarized in said report. |
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675 | 675 | | 645 SECTION 7. Chapter 29 of the General Laws, as so appearing, is hereby amended by |
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676 | 676 | | 646striking section 2AAAA and inserting in place thereof the following:- |
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677 | 677 | | 647 Section 2AAAA. State Athletic Commission Fund |
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678 | 678 | | 648 (a) There shall be established and set up on the books of the commonwealth a separate |
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679 | 679 | | 649fund to be known as the State Athletic Commission Fund. The Massachusetts state athletic |
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680 | 680 | | 650commission, established pursuant to section 2 of chapter 23O, shall be the trustee of the fund and |
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681 | 681 | | 651shall expend monies to finance operational activities of said commission. The fund shall be |
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682 | 682 | | 652credited any appropriations, bond proceeds or other monies authorized by the general court and |
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683 | 683 | | 653specifically designated to be credited thereto, any monies from licensing fees or other fees and |
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684 | 684 | | 654fines collected under sections 4 to 7, inclusive, 15 and 18 of chapter 23O and section 12 of |
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685 | 685 | | 655chapter 265 and any monies credited from the Youth Development and Achievement Fund 32 of 34 |
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686 | 686 | | 656pursuant to section 19 of chapter 23N. All available monies in the fund that are unexpended at |
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687 | 687 | | 657the end of each fiscal year shall not revert to the General Fund and shall be available for |
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688 | 688 | | 658expenditure in the subsequent fiscal year. Said commission shall record all expenditures made by |
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689 | 689 | | 659a subsidiary on the Massachusetts management and account reporting system according to |
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690 | 690 | | 660regulations established by the state comptroller. For the purposes of accommodating |
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691 | 691 | | 661discrepancies between the receipt of retained revenues and related expenditures, said commission |
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692 | 692 | | 662may incur expense and the comptroller may certify for payment amounts not to exceed the lower |
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693 | 693 | | 663of $750,000 or the most recent revenue estimate as reported in the state accounting system. |
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694 | 694 | | 664 (b) The Massachusetts state athletic commission shall, for the purposes of compliance |
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695 | 695 | | 665with state finance law, operate as a state agency as defined in section 1 of chapter 29 and shall be |
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696 | 696 | | 666subject to the provisions applicable to agencies under the control of the governor including, but |
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697 | 697 | | 667not limited to, chapters 7, 7A, 10 and 29; provided, however, that the comptroller may identify |
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698 | 698 | | 668any additional instructions or actions necessary for the commission to manage fiscal operations |
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699 | 699 | | 669in the state accounting system and meet statewide and other governmental accounting and audit |
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700 | 700 | | 670standards. Unless otherwise exempted by law or the applicable central service agency, said |
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701 | 701 | | 671commission shall participate in any other available commonwealth central services including, but |
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702 | 702 | | 672not limited to, the state payroll system under section 31 of said chapter 29 and may purchase |
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703 | 703 | | 673other goods and services provided by state agencies in accordance with comptroller provisions. |
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704 | 704 | | 674The comptroller may chargeback said commission for the transition and ongoing costs for |
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705 | 705 | | 675participation in the state accounting and payroll systems and may retain and expend such costs |
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706 | 706 | | 676without further appropriation for the purposes of this section. Said commission shall be subject |
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707 | 707 | | 677to section 5D of chapter 29 and subsection (f) of section 6B of chapter 29. 33 of 34 |
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708 | 708 | | 678 (c) The commission shall annually submit a finance plan to the secretary of |
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709 | 709 | | 679administration and finance, the chairs of the house and senate committees on ways and means |
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710 | 710 | | 680and the chairs of the joint committee on economic development and emerging technologies. Said |
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711 | 711 | | 681finance plan shall include, but not be limited to, activities related to the State Athletic |
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712 | 712 | | 682Commission Fund and the Boxers’ Fund established pursuant to section 2AAAA½.” |
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713 | 713 | | 683 SECTION 8. Chapter 29 of the General Laws, as so appearing, is hereby further amended |
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714 | 714 | | 684by inserting after section 2AAAA the following new section:- |
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715 | 715 | | 685 Section 2AAAA½. Boxers’ Fund |
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716 | 716 | | 686 There shall be established and set up on the books of the commonwealth a separate fund |
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717 | 717 | | 687to be known as the Boxers’ Fund. The Massachusetts state athletic commission, established |
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718 | 718 | | 688pursuant to section 2 of chapter 23O, shall be the trustee of the fund and shall expend for the use |
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719 | 719 | | 689and benefit of a contestant or former contestant in an event governed by chapter 23O and any |
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720 | 720 | | 690accompanying regulations promulgated by said commission under the purview of said |
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721 | 721 | | 691commission for funeral expenses or assistance needed as a result of an injury suffered while |
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722 | 722 | | 692participating in such an event. The fund shall be credited any appropriations, bond proceeds or |
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723 | 723 | | 693other monies authorized by the general court and specifically designated to be credited thereto |
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724 | 724 | | 694and any monies collected under section 15 of chapter 23O. All available monies in the fund that |
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725 | 725 | | 695are unexpended at the end of each fiscal year shall not revert to the General Fund and shall be |
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726 | 726 | | 696available for expenditure in the subsequent fiscal year.” |
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727 | 727 | | 697 SECTION 9. Sections 32 to 51, inclusive, of chapter 147 of the General Laws are hereby |
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728 | 728 | | 698repealed. 34 of 34 |
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729 | 729 | | 699 SECTION 10. Section 9 of chapter 265 of the General Laws, as appearing in the 2022 |
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730 | 730 | | 700Official Edition, is hereby amended by striking the words “sections thirty-two to fifty, inclusive, |
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731 | 731 | | 701of chapter one hundred and forty-seven” and inserting in place thereof the following:- “sections 4 |
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732 | 732 | | 702to 23, inclusive, of chapter 23O”. |
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733 | 733 | | 703 SECTION 11. Section 10 of said chapter 265, as so appearing, is hereby amended by |
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734 | 734 | | 704striking the words “sections thirty-two to fifty, inclusive, of chapter one hundred and forty- |
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735 | 735 | | 705seven” and inserting in place thereof the following:- “sections 4 to 23, inclusive, of chapter |
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736 | 736 | | 70623O”. |
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737 | 737 | | 707 SECTION 12. Section 12 of said chapter 265, as so appearing, is hereby amended by |
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738 | 738 | | 708striking the words “sections 32 to 50A, inclusive, of chapter 147,” and inserting in place thereof |
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739 | 739 | | 709the following:- “sections 4 to 23, inclusive, of chapter 23O”. |
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