AN ACT

 

1Amending Title 5 (Athletics and Sports) of the Pennsylvania
2Consolidated Statutes, further providing for duties of State
3Athletic Commission; in boxing, further providing for age of
4participants, for gloves and for contracts; in wrestling,
5further providing for definitions, for physician to be in
6attendance and for penalties; and, in registration of athlete
7agents, further providing for bonding requirements.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 103(b) of Title 5 of the Pennsylvania
11Consolidated 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
15specifically granted by this part, the commission:

16* * *

17(4) May enter into agreements with other states, 
18territories or possessions of the United States or tribal 
19organizations to permit the commission to supervise boxing 
20matches in the other states, territories or possessions or on 

1tribal reservations, in accordance with the Professional 
2Boxing Safety Act of 1996 (Public Law 104-272, 15 U.S.C. § 
36301 et seq.)

4Section 2. Sections 702 and 712 of Title 5 are amended to
5read:

6§ 702. Age of participants.

7(a) [General rule] Professional contests and exhibitions.--
8No person under 18 years of age shall be a participant in any
9professional contest or exhibition.

10[(b) Exception.--

11(1) Any person between 12 and 17 years of age may
12participate in amateur contests or exhibitions under such
13rules and regulations as the commission shall prescribe.

14(2) Any person between 12 and 17 years of age may
15participate after obtaining written permission from a parent
16or legal guardian, as well as consent by the executive
17director.

18(3) A person 12 to 16 years of age may only participate
19in such contests with a person not more than one year older.

20(c) Junior Olympics.--The limitations set forth in
21subsections (a) and (b) shall not apply to sanctioned boxing
22events for the Junior Olympics under the direction of a national
23governing organization certified by the commission. For the
24purposes of the Junior Olympic events, participants, with the
25written permission of a parent or legal guardian, may box only
26in 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.

30No participant shall take part in any event outside of the

1approved division for that age group.]

2(d) Amateur contests and exhibitions.--Any age restriction
3or requirement for amateur boxer participation in any amateur
4contest or exhibition shall conform with local amateur
5association rules as approved by the commission.

6§ 712. Gloves.

7(a) General rule.--All boxers licensed under this subpart
8shall be required to use thumbless or thumb-attached gloves. The
9appropriate weight boxing gloves shall be [worn by boxers as
10follows:

11(1) One hundred sixty pounds or under, boxing gloves
12weighing not less than eight ounces each.

13(2) Over 160 pounds, boxing gloves weighing not less
14than ten ounces each.] set by regulation of the commission.

15(b) Violation.--A violation of this section or of the 
16commission's regulations may subject the participant, promoter
17or manager or any of them to suspension of not less than 30 days
18or revocation of their licenses, at the discretion of the
19commission, pursuant to section 1304 (relating to suspension or
20revocation of licenses or permits).

21Section 3. Section 1103 of Title 5 is amended by adding a
22subsection to read:

23§ 1103. Provisions in contracts between managers and
24professional boxers.

25* * *

26(c) Mandatory arbitration.--On or after the effective date 
27of this subsection, a contract between a boxer and a manager 
28that is executed on a form provided by the commission shall 
29provide for binding arbitration of disputes by the commission. 
30The arbitration must be conducted by a representative of the 

1commission appointed by the chairman. The arbitration must be 
2conducted pursuant to the Uniform Arbitration Act, 42 Pa.C.S. 
3Ch. 73 Subch. A (relating to statutory arbitration).

4Section 4. The definition of "promoter" in section 1902 of
5Title 5 is amended to read:

6§ 1902. Definitions.

7Subject to additional definitions contained in subsequent
8provisions of this subpart which are applicable to specific
9provisions of this subpart, the following words and phrases when
10used in this subpart shall have the meanings given to them in
11this section unless the context clearly indicates otherwise:

12"Promoter." Any person and, in the case of a corporation, an 
13officer, director, employee or shareholder thereof who produces, 
14arranges or stages any professional wrestling contest or 
15exhibition.

16* * *

17Section 5. Sections 2104 and 2109 of Title 5 are amended to
18read:

19§ 2104. Physician or certified registered nurse practitioner to
20be in attendance.

21Before any professional wrestling contest or exhibition shall
22take place, the promoter and the operator of the arena or
23facility shall employ a physician or certified registered nurse 
24practitioner to be present at every wrestling contest or
25exhibition. The physician or certified registered nurse 
26practitioner shall observe the physical condition of the
27participants throughout the contest or exhibition and shall be
28authorized to terminate the contest or exhibition when, in his
29judgment, severe injury would result if the contest or
30exhibition were to continue. A certified registered nurse 

1practitioner employed by the promoter shall practice in 
2accordance with sections 8.2, 8.3 and 8.7 of the act of May 22, 
31951 (P.L.317, No.69), known as The Professional Nursing Law. 
4The [physician's] fee for the physician or certified registered 
5nurse practitioner shall be paid by the promoter.

6§ 2109. [Penalties.] Criminal and civil penalties.

7(a) Criminal penalties.--Except for a violation of section
82101 (relating to promoter's license) or 2107 (relating to
9prohibited acts), a knowing or reckless violation of any
10provision of this subpart shall be a summary offense. A knowing
11or reckless violation of section 2101 or 2107 shall be a
12misdemeanor of the third degree. In addition to any other
13procedure for instituting proceedings, the executive director
14may, upon receiving a report of an unlawful incident or a
15violation of this subpart, authorize the filing of a complaint
16or citation pursuant to the Pennsylvania Rules of Criminal
17Procedure.

18(b) Civil penalty.--In addition to the penalties under
19subsection (a), the commission may impose a civil penalty of not
20more than $5,000 for any violation of any provision of this
21subpart or the rules and regulations promulgated under those
22provisions. Any licensee or permittee upon whom a civil penalty
23is imposed under this subsection shall have a right to a hearing
24before the commission within ten days after notice of the
25commission's intent to impose the penalty is received.

26Section 6. Section 3316(a) of Title 5 is amended and the
27section is amended by adding a subsection to read:

28§ 3316. Bonding requirements.

29(a) Amount.--[Before] Except as required by subsection (f), 
30before any athlete agent registration is issued, the applicant

1shall be required to execute and file a surety bond with the
2commission in such reasonable amount, but not less than $20,000,
3as 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
9professional sports organization or association;

10(iii) does not enter into agency contracts with
11student athletes; and

12(iv) does not directly or indirectly recruit or
13solicit student athletes to enter into an agency
14contract;

15is not required to execute and file a surety bond or
16alternate security under this section.

17(2) An applicant under this subsection shall execute and
18file an affidavit with the commission verifying that the
19applicant does not act as an athlete agent with regard to
20student athletes as defined in section 3102 (relating to
21definitions).

22Section 7. This act shall take effect in 60 days.