SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GERGELY, BARBIN, BRENNAN, CALTAGIRONE, D. COSTA, DeLUCA, GEORGE, HARHAI, HARKINS, KORTZ, KULA, MAHONEY, MURPHY, MURT, M. O'BRIEN, PARKER, PASHINSKI, PAYTON, PRESTON, READSHAW, K. SMITH, SOLOBAY, WALKO, WANSACZ, WHITE, GIBBONS AND CLYMER, APRIL 3, 2009

SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, APRIL 13, 2010   

AN ACT

Amending Title 5 (Athletics and Sports) of the Pennsylvania

Consolidated Statutes, further providing for duties of State

Athletic Commission; in regulation of boxing contests and

exhibitions, further providing for age of participants, for

gloves and for contracts; in wrestling, further providing for

definitions and for physician to be in attendance; and, in

registration of athlete agents, further providing for 

penalties and for bonding requirements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 103(b) of Title 5 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 103.  Duties of commission.

* * *

(b)  General duties.--In addition to any other power

specifically granted by this part, the commission:

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(4)  May enter into agreements with other states,

territories or possessions of the United States or tribal

organizations to permit the commission to supervise boxing

matches in the other states, territories or possessions or on

tribal reservations, in accordance with the Professional

Boxing Safety Act of 1996 (Public Law 104-272, 15 U.S.C. §

6301 et seq.)

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

read:

§ 702.  Age of participants.

(a)  [General rule] Professional contests and exhibitions.--

No person under 18 years of age shall be a participant in any

professional contest or exhibition.

[(b)  Exception.--

(1)  Any person between 12 and 17 years of age may

participate in amateur contests or exhibitions under such

rules and regulations as the commission shall prescribe.

(2)  Any person between 12 and 17 years of age may

participate after obtaining written permission from a parent

or legal guardian, as well as consent by the executive

director.

(3)  A person 12 to 16 years of age may only participate

in such contests with a person not more than one year older.

(c)  Junior Olympics.--The limitations set forth in

subsections (a) and (b) shall not apply to sanctioned boxing

events for the Junior Olympics under the direction of a national

governing organization certified by the commission. For the

purposes of the Junior Olympic events, participants, with the

written permission of a parent or legal guardian, may box only

in the following age divisions:

(1)  Ten and eleven years of age.

(2)  Twelve and thirteen years of age.

(3)  Fourteen and fifteen years of age.

No participant shall take part in any event outside of the

approved division for that age group.]

(d)  Amateur contests and exhibitions.--Any age restriction

or requirement for amateur boxer participation in any amateur

contest or exhibition shall conform with local amateur

association rules as approved by the commission.

§ 712.  Gloves.

(a)  General rule.--All boxers licensed under this subpart

shall be required to use thumbless or thumb-attached gloves. The

appropriate weight boxing gloves shall be [worn by boxers as

follows:

(1)  One hundred sixty pounds or under, boxing gloves

weighing not less than eight ounces each.

(2)  Over 160 pounds, boxing gloves weighing not less

than ten ounces each.] set by regulation of the commission.

(b)  Violation.--A violation of this section or of the

commission's regulations may subject the participant, promoter

or manager or any of them to suspension of not less than 30 days

or revocation of their licenses, at the discretion of the

commission, pursuant to section 1304 (relating to suspension or

revocation of licenses or permits).

Section 2.1.  Section 1103 of Title 5 is amended by adding a

subsection to read:

§ 1103.  Provisions in contracts between managers and

professional boxers.

* * *

(c)  Mandatory arbitration.--On or after the effective date

of this subsection, a contract between a boxer and a manager

that is executed on a form provided by the commission shall

provide for binding arbitration of disputes by the commission.

The arbitration must be conducted by a representative of the

commission appointed by the chairman. The arbitration must be

conducted pursuant to the Uniform Arbitration Act, 42 Pa.C.S.

Ch. 73 Subch. A (relating to statutory arbitration).

Section 3.  The definition of "promoter" in section 1902 of

Title 5 is amended to read:

§ 1902.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this subpart which are applicable to specific

provisions of this subpart, the following words and phrases when

used in this subpart shall have the meanings given to them in

this section unless the context clearly indicates otherwise:

"Promoter."  Any person and, in the case of a corporation, an

officer, director, employee or shareholder thereof who produces,

arranges or stages any professional wrestling contest or 

exhibition.

* * *

Section 4.  Sections 2104 and 2109 of Title 5 are amended to

read:

§ 2104.  Physician or ambulance with emergency medical personnel 

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certified registered nurse practitioner to be in

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attendance.

Before any professional wrestling contest or exhibition shall

take place, the promoter and the operator of the arena or

facility shall employ a physician or ambulance with emergency

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medical personnel certified registered nurse practitioner to be

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present at every wrestling contest or exhibition. The physician

or emergency medical personnel certified registered nurse

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practitioner shall observe the physical condition of the

participants throughout the contest or exhibition and shall be

authorized to terminate the contest or exhibition when, in his

judgment, severe injury would result if the contest or

exhibition were to continue. A certified registered nurse

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practitioner employed by the promoter shall practice in

accordance with sections 8.2, 8.3 and 8.7 of the act of May 22,

1951 (P.L.317, No.69), known as The Professional Nursing Law.

The [physician's] fee for the physician or ambulance and

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emergency medical personnel certified registered nurse

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practitioner shall be paid by the promoter.

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

(a)  Criminal penalties.--Except for a violation of section

2101 (relating to promoter's license) or 2107 (relating to

prohibited acts), a knowing or reckless violation of any

provision of this subpart shall be a summary offense. A knowing

or reckless violation of section 2101 or 2107 shall be a

misdemeanor of the third degree. In addition to any other

procedure for instituting proceedings, the executive director

may, upon receiving a report of an unlawful incident or a

violation of this subpart, authorize the filing of a complaint

or citation pursuant to the Pennsylvania Rules of Criminal

Procedure.

(b)  Civil penalty.--In addition to the penalties under

subsection (a), the commission may impose a civil penalty of not

more than $5,000 for any violation of any provision of this

subpart or the rules and regulations promulgated under those

provisions. Any licensee or permittee upon whom a civil penalty

is imposed under this subsection shall have a right to a hearing

before the commission within ten days after notice of the

commission's intent to impose the penalty is received.

Section 5.  Section 3316(a) of Title 5 is amended and the

section is amended by adding a subsection to read:

§ 3316.  Bonding requirements.

(a)  Amount.--[Before] Except as required by subsection (f),

before any athlete agent registration is issued, the applicant

shall be required to execute and file a surety bond with the

commission in such reasonable amount, but not less than $20,000,

as the commission shall require.

* * *

(f)  Athlete agents.--

(1)  An athlete agent who:

(i)  represents professional athletes only;

(ii)  holds a current registration with a

professional sports organization or association;

(iii)  does not enter into agency contracts with

student athletes; and

(iv)  does not directly or indirectly recruit or

solicit student athletes to enter into an agency

contract;

is not required to execute and file a surety bond or

alternate security under this section.

(2)  An applicant under this subsection shall execute and

file an affidavit with the commission verifying that the

applicant does not act as an athlete agent with regard to

student athletes as defined in section 3102 (relating to

definitions).

Section 6.  This act shall take effect in 60 days.