To create the Alabama Boxing Commission; to provide for the membership, powers, and duties of the commission; to create a medical advisory panel for the commission; to require promoters of boxing matches and boxers to be licensed; to provide for exemptions; to require certain standards for the buildings where boxing matches are staged; to prohibit boxers from boxing while under the influence of alcohol or drugs; to impose age requirements on boxers; to allow the Attorney General to seek civil penalties including injunctive relief; to provide for criminal penalties; to create a fund in the State Treasury and make certain appropriations in amounts as determined necessary by the commission; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as the "Alabama Boxing Act."
Section 2. As used in this act, the following terms shall have the following meanings:
(1) AMATEUR. A person who engages in a match, contest, or exhibition of boxing which is governed or authorized by any of the following:
a. U.S.A. Boxing.
b. The Alabama High School Athletic Association.
c. The National Collegiate Athletic Association.
d. Amateur Athletic Union.
e. Golden Gloves.
f. The local affiliate of any organization listed in this subdivision.
(2) BOXING MATCH. A contest between two individuals in which contestants score points in rounds of two or three minutes by striking with gloved fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by the blows, which contest is held in a square ring supervised by a referee and scored by three judges.
(3) BOXING REGISTRY. A registry created or designated pursuant to subsection (j) of Section 5.
(4) CHARITABLE ORGANIZATION. An entity described by any of the following:
a. Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)).
b. Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)).
(5) COMMISSION. Alabama Boxing Commission.
(6) EXHIBITION. A contest where the participants engage in the use of boxing skills and techniques and where the objective is to display the skills and techniques without striving to win.
(7) FACE VALUE. The dollar value of a ticket or order shall reflect the dollar amount that the customer shall pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes.
(8) GROSS PROCEEDS. The total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this act.
(9) GROSS RECEIPTS. Any of the following:
a. The gross price charged for the sale or lease of broadcasting, television, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges.
b. The face value of all tickets sold and complimentary tickets redeemed.
(10) LOCAL TAX. An occupation tax or other tax owed to a county or municipality in order to hold a professional match, contest, or exhibition of boxing or to carry on a business as a ticket broker within the county or municipality.
(11) MANAGER. A person who, under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a matter related to boxing on behalf of a boxer. The term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant.
(12) MATCHMAKER. A person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions of boxing between opponents or who proposes professional matches, contests, or exhibitions of boxing and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible.
(13) PERSON. An individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.
(14) PHYSICIAN. A doctor of medicine or doctor of osteopathy licensed to practice medicine in the State of Alabama.
(15) PROFESSIONAL. A person who is participating or has participated in a match, contest, or exhibition of boxing which is not governed or authorized by one or more of the organizations listed in subdivision (1) of this section and any of the following:
a. Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition of boxing.
b. Is participating or has participated in any match, contest, or exhibition of boxing to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry.
c. Is participating or has participated in any match, contest, or exhibition of boxing which is or was filmed, broadcast, or transmitted for viewing.
d. Is participating or has participated in any match, contest, or exhibition of boxing which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise.
(16) PROFESSIONAL MATCH, CONTEST, or EXHIBITION OF BOXING.
a. A boxing match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in subdivision (1) and which does any of the following:
1. Rewards a boxer participating with cash as a salary, purse, or prize for such participation.
2. Requires for admission payment of a ticket or other evidence of the right of entry.
3. Is filmed, broadcast, or transmitted for viewing.
4. Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise.
b. The term does not include unarmed combat.
(17) PROMOTER. The person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition of boxing and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition of boxing.
(18) PURSE or RING EARNINGS. The financial guarantee or any other remuneration, or part thereof, for which professional boxers are participating in a match, contest, or exhibition and includes the boxer's share of any payment received for radio broadcasting, television, or motion picture rights.
(19) TICKET BROKER. Any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term "ticket broker" shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of the persons.
(20) UNARMED COMBAT.
a. Any form of competition between human beings in which both of the following occurs:
1. One or more blows are struck which may reasonably be expected to inflict injury on a human being.
2. There is some compensation or commercial benefit arising from such competition, whether in the form of cash or non-cash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise.
b. Unarmed combat includes, but is not limited to, tough man fights and bad man fights.
c. Unarmed combat does not include any of the following:
1. Professional boxing.
2. Professional wrestling.
3. Amateur boxing.
4. Amateur wrestling.
5. Any competition displaying the skills of a single form of a system of unarmed self-defense, including, but not limited to, kickboxing, karate, or full-contact karate, which is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization.
6. Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by a nationally recognized organization.
Section 3. This act shall not be construed to apply to any match, contest, or exhibition of boxing in which the contestants are all amateurs and which is governed or authorized by any of the following:
(1) U.S.A. Boxing.
(2) The Alabama High School Athletic Association.
(3) The National Collegiate Athletic Association.
(4) Amateur Athletic Union.
(5) Golden Gloves.
(6) The local affiliate of any organization listed in this subdivision.
Section 4. (a) There is created the Alabama Boxing Commission composed of five members.
(b)(1) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The five initial members shall be as follows:
a. Two members appointed by the Governor.
b. One member appointed by the Alabama Athlete Agents Commission.
c. One member appointed by the Speaker of the House of Representatives.
d. One member appointed by the President of the Senate.
(2) Initial appointments by the Governor shall be for one and three years, the initial appointment by the Speaker of the House of Representatives shall be for four years, and the initial appointment of the President of the Senate shall be for two years. The initial appointment by the commission shall be for four years. All subsequent appointments shall be for terms of four years. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms. No two members shall be from the same congressional district at the time of appointment.
(c) The commission shall elect a chair from among its membership for a term of one year. The commission may elect a vice chair from its membership for a term of one year. Any member serving as chair shall be eligible for successive election to the office by the commission.
(d) A medical advisory panel of the commission shall be appointed by the Governor and shall consist of four persons licensed to practice medicine in this state, representing the specialties of neurology, ophthalmology, sports medicine, and general medicine. The medical advisory panel shall advise and assist the commission and its staff regarding issues and questions concerning the medical safety of professional boxers, including, but not limited to, matters relating to medical suspensions. The medical advisory panel may meet separately from the commission to discuss and formulate recommendations for the commission in connection with medical safety. Members of the medical advisory panel shall not be counted in determining a quorum of the commission and shall not vote as commission members.
(e) Each member of the commission and the medical advisory panel shall be reimbursed for expenses and travel as provided for public officials of this state.
Section 5. (a) The commission shall be the sole regulator of professional boxing in this state and shall have authority to protect the physical safety and welfare of professional boxers and serve the public interest by closely supervising all professional boxing in this state.
(b) The commission shall have the sole jurisdiction to license the promotion or holding of each professional match, contest, or exhibition of boxing promoted or held within this state.
(c) The commission shall have the sole authority to license participants in any professional match, contest, or exhibition of boxing held in this state.
(d) The commission shall have the sole authority to direct, manage, control, and supervise all professional matches, contests, or exhibitions of boxing. It may adopt bylaws for its own management and promulgate and enforce rules and regulations consistent with this act.
(e) The commission may appoint one or more inspectors as duly authorized representatives of the commission to ensure that the rules are strictly observed. The inspectors shall be present at all professional matches, contests, or exhibitions of boxing.
(f) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this act and shall designate a roster of physicians authorized to conduct prefight physicals and serve as ringside physicians in all professional boxing matches held in this state.
(g)(1) The commission or any agent duly designated by the commission may do any of the following:
a. Make investigations.
b. Hold hearings.
c. Issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records.
d. Administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this act or under the rules and regulations adopted pursuant to this act.
(2) During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this act, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved.
(h) The commission may engage in activities which promote amateur boxing in this state and contract with any nonprofit organization which is exempted from the taxation of income. To support amateur boxing in this state, the commission may promote voluntary contributions through the application process or through any fund-raising or other promotional technique deemed appropriate by the commission.
(i) Pursuant to 15 U.S.C. Section 6301, et seq., the commission may issue to each boxer who is a resident of this state an identification card bearing the photograph of the boxer and in such form and containing such information as the commission deems necessary and appropriate. The commission shall ensure that the form and manner of issuance of the identification cards comply with any applicable federal law or regulation. The commission may charge an amount not to exceed one hundred dollars ($100) per card for the issuance or replacement of each identification card.
(j) The commission may create a boxing registry or designate a nationally recognized boxing registry and register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry.
(k) The commission may inquire into the financial backing of any professional match, contest, or exhibition of boxing and obtain answers to written or oral questions propounded to all persons associated with the professional event.
Section 6. The commission shall designate a person to serve as secretary and the secretary shall issue licenses and identification cards and perform other duties as the commission may direct in the enforcement of this act.
Section 7. (a) The commission shall meet upon the call of the chair or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum.
(b) The chair, if necessary, may within 10 days of receiving an application and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the call of the chair at a place designated by the chair.
Section 8. The commission shall adopt rules and regulations governing professional boxing to establish the following:
(1) Procedures to evaluate the professional records and physician certifications of each boxer participating in a professional match, contest, or exhibition of boxing and to deny authorization for a professional boxer to fight where appropriate.
(2) Procedures to ensure that, except as otherwise provided in subsection (c) of Section 13, no professional boxer shall be permitted to box while under suspension from any state boxing commission because of any of the following:
a. A recent knockout, technical knockout, or series of consecutive losses.
b. An injury, requirement for a medical procedure, or physician's denial of certification.
c. Failure of a drug test.
d. The use of false aliases or falsifying official identification cards or document.
(3) Procedures to report to the boxing registry the results of all professional matches, contests, or exhibitions of boxing held in this state or being supervised by the commission and any related suspensions.
Section 9. A member or employee of the commission and any person who administers or enforces this act or rules promulgated in accordance with this act shall not be a member of, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes professional matches, contests, or exhibitions of boxing or who otherwise has a financial interest in any activity or licensee regulated by this commission. The term "compensation" does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing.
Section 10. (a)(1) No person shall promote or hold a professional match, contest, or exhibition of boxing within this state without first applying for and obtaining a promoter's license from the commission.
(2) Licenses shall be issued annually and shall expire on December 31 of each calendar year.
(b) Promoters shall apply to the commission for a license required by subsection (a) on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed two hundred fifty dollars ($250). The application shall also be accompanied by a performance bond in an amount and under any conditions required by the commission.
(c)(1) In addition to the license required by subsection (a), a professional match, contest, or exhibition of boxing within this state shall not be staged unless a match permit has been issued by the commission for the professional match, contest, or exhibition of boxing.
(2) Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed two hundred fifty dollars ($250). The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission.
(d) The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b).
(e) The commission may refund any portion of the match permit fee in excess of two hundred fifty dollars ($250) to any person who paid the excess fee if the professional match, contest, or exhibition of boxing for which the fees were paid is not held.
Section 11. (a) Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make application on a form provided by the commission and pay an annual license fee not to exceed two hundred fifty dollars ($250).
(b) The commission shall issue a license under this section only if:
(1) The commission has determined to the best of its ability that the applicant has the training or skills necessary to perform in a manner appropriate to the license.
(2) The applicant has complied with all applicable requirements of this act and any rules and regulations promulgated pursuant to this act.
(3) The commission or its designated representative has determined from information provided by the applicant and from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be unduly jeopardized by the issuance of the license.
Section 12. (a) In addition to the license required in Section 11, each professional boxer who is a resident of this state or another state which has no state boxing commission shall register with a boxing registry created or designated by the commission and renew his or her registration as prescribed by rules of the commission.
(b) At the time of registration and renewal, the boxer shall provide the boxing registry with a recent photograph of the boxer and the Social Security number of the boxer or, in the case of a foreign boxer, any similar citizen identification number or boxer number from the country of residence of the boxer, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer and the number shall appear on the identification card issued to the boxer as a result of registration. Each boxer shall present to the boxing commission an identification card issued by the state in which he or she resides not later than the time of the weigh-in for a professional match, contest, or exhibition.
(c) The commission may charge a registration fee in an amount calculated to cover the administrative expense of the registration.
Section 13. (a) The commission may refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this section or under the laws, rules, and regulations under which licensure is sought. The applicant shall demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the qualifications of the applicant, it may deny a license without a prior hearing; however, the applicant shall be allowed to appear before the commission if he or she so desires.
(b)(1) The commission, by majority vote, after prior notice to the holder of a license and after affording such a holder an opportunity to be heard, may fine the license holder, revoke or suspend the license, or take other disciplinary action against the licensee upon the recommendation of any officially designated representative for reasons involving the medical or physical safety of any professional boxer licensed by the commission, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee. The licensee shall, after the summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and the Alabama Administrative Procedure Act. A summary suspension imposed against such a licensee may include, but shall not be limited to, the following:
a. Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 60 days of having suffered a knockout.
b. Prohibiting any boxer from competing, appearing in, or participating in any professional match, contest, or exhibition within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician.
(2) The length of any summary suspension invoked pursuant to this subsection, upon the recommendation of the ringside physician, may be extended to any number of days. The terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician.
(c) The commission, its secretary, or its duly authorized representative, at any time prior to the completion of a permitted professional match, contest, or exhibition of boxing, may summarily suspend or revoke the match permit or the license of any specific boxer should it be determined by such person that the continuation of the professional match, contest, or exhibition of boxing may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of the professional match, contest, or exhibition of boxing; provided, however, that the licensee shall, after a summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and the Alabama Administrative Procedure Act.
(d) The commission may revoke a suspension of a boxer if any of the following applies:
(1) The boxer was suspended pursuant to rules and regulations adopted pursuant to Section 8 and has furnished proof of a sufficiently improved medical or physical condition.
(2) The boxer furnishes proof that a suspension pursuant to Section 8 was not or is no longer merited by the facts.
Section 14. No person shall arrange, promote, organize, produce, or participate in a professional match, contest, or exhibition of boxing unless he or she has complied with the following requirements:
(1) An examination by a physician who has certified that the boxer is physically fit to compete safely. Copies of each certificate shall be provided to the commission prior to the professional match, contest, or exhibition of boxing. The commission may require a boxer to undergo a physical examination, including neurological or neuropsychological tests and procedures.
(2) A physician approved by the commission shall be continuously present at ringside during every professional match, contest, or exhibition of boxing. The physician shall observe the physical condition of the boxers and advise the referee with regard to the boxers.
(3) One or more inspectors appointed by the commission as duly authorized representatives of the commission shall be present at each professional match, contest, or exhibition of boxing to ensure that the rules are strictly observed. An inspector or other duly authorized representative of the commission shall be present at the weigh-in and at the ring during the conduct of the professional match, contest, or exhibition of boxing. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the boxers.
(4) Each boxer shall be covered by health insurance which will cover injuries sustained during the professional match, contest, or exhibition of boxing.
(5) An ambulance and medical personnel with appropriate resuscitation equipment shall be continuously present at the site during any professional match, contest, or exhibition of boxing.
Section 15. It shall be unlawful for any boxer to participate or attempt to participate in a professional match, contest, or exhibition of boxing while under the influence of alcohol or any drug. A boxer shall be deemed under the influence of alcohol or a drug for the purposes of this section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the professional match, contest, or exhibition of boxing and ending not more than one hour after the completion of the professional match, contest, or exhibition of boxing reveals that the mental or physical ability of the boxer is impaired as a direct result of the use of alcohol or a drug.
Section 16. All buildings or structures used or intended to be used for holding or giving professional matches, contests, or exhibitions of boxing shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the municipality or unincorporated area of the county where the building or structure is situated.
Section 17. No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition of boxing.
Section 18. The commission shall have jurisdiction over any professional match, contest, or exhibition of boxing which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state.
Section 19. (a) The Attorney General may bring a civil action requesting relief, including a permanent or temporary injunction, restraining order, or other order, against any person who he or she believes is violating Sections 10, 11, 12, 13, 14, 15, 16, or 18 of this act.
(b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate Sections 11, 12, 13, 14, 15, 16, 17, or 18 of this act shall, upon conviction, be guilty of a Class C felony.
(2) Any member or employee of the commission or any person who administers or enforces this act or rules and regulations promulgated pursuant to this act who knowingly violates Sections 14 or 15 of this act shall, upon conviction, be guilty of a Class C felony.
(3) Any professional boxer who knowingly violates this act, except Section 15, shall, upon conviction, be guilty of a Class B misdemeanor.
(4) Any professional boxer who violates Section 15 may be punished by a civil fine not to exceed twenty-five thousand dollars ($25,000) together with a percentage of the purse not to exceed 15 percent for each violation.
(c) A person who participates in or promotes unarmed combat shall be guilty of a Class A misdemeanor.
(d) The criminal penalties in this section shall not be construed to repeal other criminal laws. Whenever conduct prescribed by this act is also prescribed by other provision of law, the provision which carries the more serious penalty shall be applied.
Section 20. There is established a separate trust fund in the State Treasury to be known as the Alabama Boxing Commission Fund. All receipts collected by the commission shall be deposited into this fund and used only to carry out the provisions of this act. Monies shall be disbursed only by warrant of the state Comptroller drawn upon the State Treasury supported by itemized vouchers approved by the commission. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, of the Code of Alabama 1975, and only in amounts as stipulated in the general appropriations act or other appropriation acts.
Section 21. There is hereby appropriated an amount as determined necessary by the commission from the Alabama Boxing Commission Fund to the Alabama Boxing Commission for the fiscal years ending September 30 after the effective date of this act and for the fiscal year beginning October 1 thereafter.
Section 22. The Alabama Boxing Commission shall be subject to the Alabama Sunset Law in Chapter 20, Title 41, Code of Alabama 1975, as an enumerated agency, and shall have a termination date of October 1, 2011, and every four years thereafter, unless continued as provided in the Alabama Sunset Law.
Section 23. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 24. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.