Bill S.2381

SENATE DOCKET, NO. 2511 FILED ON: 3/16/2023

SENATE . . . . . . . . . . . . . . No. 2381

By Mr. Brady, a petition (accompanied by bill, Senate, No. 2381) (subject to Joint Rule 12) of Michael D. Brady for legislation to establish boxer protection and a safe and regulated environment for professional combat sports in Massachusetts. Economic Development and Emerging Technologies.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act establishing boxer protection.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 12 of Chapter 22 of the General Laws, as amended by section 28 of chapter 39 of the acts of 2021, is hereby repealed.

SECTION 2. Section 4 of chapter 23K of the General Laws, as amended by section 4 of chapter 173 of the acts of 2022, is hereby amended by adding the following clause:-

43) oversight and regulation of the state athletic commission as established in section 32A of chapter 147.

SECTION 3. Chapter 29 of the General Laws is hereby amended by striking out section 2AAAA, as amended by section 34 of chapter 39 of the acts of 2021, and inserting in place thereof the following section:-

Section 2AAAA. There shall be established and set up on the books of the commonwealth a separate fund to be known as the State Athletic Commission Fund, in this section referred to as the fund, to be administered by the Massachusetts gaming commission, established in section 32A of chapter 147. The fund shall consist of any monies from licensing fees or other fees and fines collected under sections 32 to 35, inclusive, sections 40, 40A and 42 of chapter 147 and section 12 of chapter 265. The comptroller shall transfer $750,000 each fiscal year to the fund and such amount shall not be subject to further appropriation. The funds shall be available for the costs of operating and administering the state athletic commission. For the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the state athletic commission may incur expense and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.

SECTION 4. Section 32 of chapter 147 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 7 and 8, the words “section 12 of chapter 22” and inserting in place thereof the following words:- section 32A.

SECTION 5. Said chapter 147, as so appearing, is hereby amended by inserting after section 32 the following section:-

Section 32A. (a) For the purposes of this section the following term shall, unless the context clearly requires otherwise, have the following meaning:

“Background”, a minimum of 10 years of documented experience in professional unarmed combative sports including, but not limited to: a professional combatant, a licensed promoter, a licensed manager, a licensed referee, a licensed judge or regulator.

(b)(1) There shall be in the Massachusetts gaming commission a commission, to be known as the state athletic commission, which shall consist of the chair of the Massachusetts gaming commission or their designee and 4 persons to be appointed by the governor who shall serve for terms of 3 years. At least 1 person shall have a background in the sport of boxing and at

least 1 person shall have a background in the sport of mixed martial arts, muay thai or kickboxing. The governor shall from time to time designate 1 member as chair.

(2) The commission shall appoint an executive director. The executive director shall: (i) serve at the pleasure of the commission; (ii) receive a salary as may be determined by the commission; (iii) devote their full time and attention to the duties of the commission; (iv) be a person with skills and experience in management; (v) be the executive and administrative head of the commission; (vi) be responsible for administering and enforcing the provisions of law relative to the commission and to each administrative unit thereof; (vii) have the authority to hire staff that will serve at the pleasure of the commission; and (viii) have a background in the sport of boxing, mixed martial arts, muay thai or kickboxing.

(3) The members of the commission shall receive their traveling expenses necessarily incurred in the performance of their duties and shall be allowed such sums for clerical assistance as the commission may approve. The Massachusetts gaming commission shall provide administrative support to the commission. The commission may deputize 1 or more persons to represent the commission and to be present at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147; provided, however, that such deputies shall be compensated in the amount fixed by the commission for each match or exhibition attended pursuant to this section; provided further, that the commission may approve that deputies receive compensation for travel and incidental expenses necessarily incurred in the discharge of their duties.

SECTION 6. Said chapter 147 is hereby amended by striking out section 34, as so appearing, and inserting in place thereof the following section:-

Section 34. No license as aforesaid shall be granted unless the licensee has executed and filed with the commission a bond in a penal sum of $50,000, with such surety or sureties as shall be satisfactory to the commission, running to the commission, conditioned upon the payment to the commonwealth of the sums mentioned in section 40, and upon faithful compliance by the licensee with the provisions of sections 32 to 47, inclusive, the rules and regulations of the commission, and with such other laws of the commonwealth as may be applicable to anything done by the licensee in pursuance of the license. The commission may enforce the terms of the bond for the use and benefit of any person who may suffer loss by reason of the failure by the licensee to carry out terms of the bout agreement or due to acts of the licensee determined to be detrimental to combat sports. The bond shall also provide for a forfeiture to the commonwealth, recoverable at the suit of the attorney general, of such sum, not exceeding $10,000, as may be stipulated in the bond for each case of non-compliance.

SECTION 7. Said chapter 147 is hereby amended by striking out section 36, as so appearing, and inserting in place thereof the following section:-

Section 36. (1) At every boxing, kickboxing, mixed martial arts or other unarmed combative sporting event, sparring match or exhibition there shall be in attendance a referee, duly licensed under this section and sections 35 and 35A. There shall also be in attendance at least 3 duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if, in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be rendered in favor of the contestant receiving a majority of the votes or, if neither receives a majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision, the vote of each judge shall be announced from the ring. The referee shall have full power to stop the match or exhibition whenever they deem it advisable because of the physical condition of a contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient reason.

(2) The commission shall set forth rules and regulations for contracts between a manager and an unarmed combatant and contracts between a promoter and an unarmed combatant. An unarmed combatant may not enter into a contract with a manager or a promoter unless it is filed with the commission prior to a scheduled contest in an amount time set forth by the commission. The commission shall only honor a contract that is executed and notarized on a form provided by the commission, unless the terms of the contract comply with the requirements set forth by the commission.

(3) The commission shall be the sole arbiter of a breach of contract and may establish rules governing breach of contract dispute resolution. If during a contest, a contestant is believed to not be competing in good faith, a member of the commission or their designee shall withhold any prize, remuneration or purse until a hearing can be held. The commission shall at a hearing following the contest declare forfeited any prize, remuneration or purse or any part thereof, belonging to a contestant if, in the judgment of a majority of the commissioners, after consultation with the judges and the referee, the contestant was not competing in good faith.

(4) Whoever violates any provisions in sections 32 to 51, inclusive, or who conducts themselves at any time or place in a manner which is deemed by the commission to reflect discredit to any unarmed combative sports, may have their license revoked and fined, suspended or otherwise disciplined in such manner as the commission may direct.

Name:	District/Address:
Michael D. Brady	Second Plymouth and Norfolk