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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ROBBINS, ALLOWAY, COSTA AND FONTANA, FEBRUARY 28, 2011 |
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| REFERRED TO STATE GOVERNMENT, FEBRUARY 28, 2011 |
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| AN ACT |
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1 | Amending Title 5 (Athletics and Sports) of the Pennsylvania |
2 | Consolidated Statutes, further providing for duties of State |
3 | Athletic Commission; in boxing, further providing for age of |
4 | participants, for gloves and for contracts; in wrestling, |
5 | further providing for definitions, for physician to be in |
6 | attendance and for penalties; and, in registration of athlete |
7 | agents, further providing for bonding requirements. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 103(b) of Title 5 of the Pennsylvania |
11 | Consolidated Statutes is amended by adding a paragraph to read: |
12 | § 103. Duties of commission. |
13 | * * * |
14 | (b) General duties.--In addition to any other power |
15 | specifically granted by this part, the commission: |
16 | * * * |
17 | (4) May enter into agreements with other states, |
18 | territories or possessions of the United States or tribal |
19 | organizations to permit the commission to supervise boxing |
20 | matches in the other states, territories or possessions or on |
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1 | tribal reservations, in accordance with the Professional |
2 | Boxing Safety Act of 1996 (Public Law 104-272, 15 U.S.C. § |
3 | 6301 et seq.) |
4 | Section 2. Sections 702 and 712 of Title 5 are amended to |
5 | read: |
6 | § 702. Age of participants. |
7 | (a) [General rule] Professional contests and exhibitions.-- |
8 | No person under 18 years of age shall be a participant in any |
9 | professional contest or exhibition. |
10 | [(b) Exception.-- |
11 | (1) Any person between 12 and 17 years of age may |
12 | participate in amateur contests or exhibitions under such |
13 | rules and regulations as the commission shall prescribe. |
14 | (2) Any person between 12 and 17 years of age may |
15 | participate after obtaining written permission from a parent |
16 | or legal guardian, as well as consent by the executive |
17 | director. |
18 | (3) A person 12 to 16 years of age may only participate |
19 | in such contests with a person not more than one year older. |
20 | (c) Junior Olympics.--The limitations set forth in |
21 | subsections (a) and (b) shall not apply to sanctioned boxing |
22 | events for the Junior Olympics under the direction of a national |
23 | governing organization certified by the commission. For the |
24 | purposes of the Junior Olympic events, participants, with the |
25 | written permission of a parent or legal guardian, may box only |
26 | in the following age divisions: |
27 | (1) Ten and eleven years of age. |
28 | (2) Twelve and thirteen years of age. |
29 | (3) Fourteen and fifteen years of age. |
30 | No participant shall take part in any event outside of the |
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1 | approved division for that age group.] |
2 | (d) Amateur contests and exhibitions.--Any age restriction |
3 | or requirement for amateur boxer participation in any amateur |
4 | contest or exhibition shall conform with local amateur |
5 | association rules as approved by the commission. |
6 | § 712. Gloves. |
7 | (a) General rule.--All boxers licensed under this subpart |
8 | shall be required to use thumbless or thumb-attached gloves. The |
9 | appropriate weight boxing gloves shall be [worn by boxers as |
10 | follows: |
11 | (1) One hundred sixty pounds or under, boxing gloves |
12 | weighing not less than eight ounces each. |
13 | (2) Over 160 pounds, boxing gloves weighing not less |
14 | than ten ounces each.] set by regulation of the commission. |
15 | (b) Violation.--A violation of this section or of the |
16 | commission's regulations may subject the participant, promoter |
17 | or manager or any of them to suspension of not less than 30 days |
18 | or revocation of their licenses, at the discretion of the |
19 | commission, pursuant to section 1304 (relating to suspension or |
20 | revocation of licenses or permits). |
21 | Section 3. Section 1103 of Title 5 is amended by adding a |
22 | subsection to read: |
23 | § 1103. Provisions in contracts between managers and |
24 | professional boxers. |
25 | * * * |
26 | (c) Mandatory arbitration.--On or after the effective date |
27 | of this subsection, a contract between a boxer and a manager |
28 | that is executed on a form provided by the commission shall |
29 | provide for binding arbitration of disputes by the commission. |
30 | The arbitration must be conducted by a representative of the |
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1 | commission appointed by the chairman. The arbitration must be |
2 | conducted pursuant to the Uniform Arbitration Act, 42 Pa.C.S. |
3 | Ch. 73 Subch. A (relating to statutory arbitration). |
4 | Section 4. The definition of "promoter" in section 1902 of |
5 | Title 5 is amended to read: |
6 | § 1902. Definitions. |
7 | Subject to additional definitions contained in subsequent |
8 | provisions of this subpart which are applicable to specific |
9 | provisions of this subpart, the following words and phrases when |
10 | used in this subpart shall have the meanings given to them in |
11 | this section unless the context clearly indicates otherwise: |
12 | "Promoter." Any person and, in the case of a corporation, an |
13 | officer, director, employee or shareholder thereof who produces, |
14 | arranges or stages any professional wrestling contest or |
15 | exhibition. |
16 | * * * |
17 | Section 5. Sections 2104 and 2109 of Title 5 are amended to |
18 | read: |
19 | § 2104. Physician or certified registered nurse practitioner to |
20 | be in attendance. |
21 | Before any professional wrestling contest or exhibition shall |
22 | take place, the promoter and the operator of the arena or |
23 | facility shall employ a physician or certified registered nurse |
24 | practitioner to be present at every wrestling contest or |
25 | exhibition. The physician or certified registered nurse |
26 | practitioner shall observe the physical condition of the |
27 | participants throughout the contest or exhibition and shall be |
28 | authorized to terminate the contest or exhibition when, in his |
29 | judgment, severe injury would result if the contest or |
30 | exhibition were to continue. A certified registered nurse |
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1 | practitioner employed by the promoter shall practice in |
2 | accordance with sections 8.2, 8.3 and 8.7 of the act of May 22, |
3 | 1951 (P.L.317, No.69), known as The Professional Nursing Law. |
4 | The [physician's] fee for the physician or certified registered |
5 | nurse practitioner shall be paid by the promoter. |
6 | § 2109. [Penalties.] Criminal and civil penalties. |
7 | (a) Criminal penalties.--Except for a violation of section |
8 | 2101 (relating to promoter's license) or 2107 (relating to |
9 | prohibited acts), a knowing or reckless violation of any |
10 | provision of this subpart shall be a summary offense. A knowing |
11 | or reckless violation of section 2101 or 2107 shall be a |
12 | misdemeanor of the third degree. In addition to any other |
13 | procedure for instituting proceedings, the executive director |
14 | may, upon receiving a report of an unlawful incident or a |
15 | violation of this subpart, authorize the filing of a complaint |
16 | or citation pursuant to the Pennsylvania Rules of Criminal |
17 | Procedure. |
18 | (b) Civil penalty.--In addition to the penalties under |
19 | subsection (a), the commission may impose a civil penalty of not |
20 | more than $5,000 for any violation of any provision of this |
21 | subpart or the rules and regulations promulgated under those |
22 | provisions. Any licensee or permittee upon whom a civil penalty |
23 | is imposed under this subsection shall have a right to a hearing |
24 | before the commission within ten days after notice of the |
25 | commission's intent to impose the penalty is received. |
26 | Section 6. Section 3316(a) of Title 5 is amended and the |
27 | section is amended by adding a subsection to read: |
28 | § 3316. Bonding requirements. |
29 | (a) Amount.--[Before] Except as required by subsection (f), |
30 | before any athlete agent registration is issued, the applicant |
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1 | shall be required to execute and file a surety bond with the |
2 | commission in such reasonable amount, but not less than $20,000, |
3 | as the commission shall require. |
4 | * * * |
5 | (f) Athlete agents.-- |
6 | (1) An athlete agent who: |
7 | (i) represents professional athletes only; |
8 | (ii) holds a current registration with a |
9 | professional sports organization or association; |
10 | (iii) does not enter into agency contracts with |
11 | student athletes; and |
12 | (iv) does not directly or indirectly recruit or |
13 | solicit student athletes to enter into an agency |
14 | contract; |
15 | is not required to execute and file a surety bond or |
16 | alternate security under this section. |
17 | (2) An applicant under this subsection shall execute and |
18 | file an affidavit with the commission verifying that the |
19 | applicant does not act as an athlete agent with regard to |
20 | student athletes as defined in section 3102 (relating to |
21 | definitions). |
22 | Section 7. This act shall take effect in 60 days. |
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