1 SB333
2 209111-6
3 By Senator Allen
4 RFD: Tourism
5 First Read: 11-MAR-21
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1 SB333
2
3
4 ENROLLED, An Act,
5 Relating to the Alabama Athletic Commission; to
6 amend Sections 41-9-1020, 41-9-1021, 41-9-1023, 41-9-1024,
7 41-9-1037, and 41-9-1038, Code of Alabama 1975; to rename the
8 regulatory act the Alabama Unarmed Combat Act; to provide that
9 the commission is the sole regulator of any form of unarmed
10 combat held in the state; to authorize the commission to
11 immediately implement certain medical guidelines and
12 competition guidelines approved by the commission without
13 hearings as prescribed by the Alabama Administrative Procedure
14 Act; to authorize the commission to assess fines, not
15 exceeding a specified amount; to provide further for the
16 complaint, investigation, and discipline process for
17 violators; and in connection therewith would have as its
18 purpose or effect the requirement of a new or increased
19 expenditure of local funds within the meaning of Amendment 621
20 of the Constitution of Alabama of 1901, as amended by
21 Amendment 890, now appearing as Section 111.05 of the Official
22 Recompilation of the Constitution of Alabama of 1901.
23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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1 Section 1. Sections 41-9-1020, 41-9-1021, 41-9-1023,
2 41-9-1024, 41-9-1037, and 41-9-1038 of the Code of Alabama
3 1975, are amended to read as follows:
4 "41-9-1020.
5 "This article shall be known and may be cited as the
6 Alabama Boxing, Wrestling, and Mixed Martial Arts Unarmed
7 Combat Act.
8 "41-9-1021.
9 "As used in this article, the following terms shall
10 have the following meanings:
11 "(1) AMATEUR. An individual who engages in a match,
12 contest, or exhibition of boxing, tough man contests,
13 wrestling, or mixed martial arts, or other form of unarmed
14 combat, for no compensation or thing of value for
15 participating, which is governed or authorized by any of the
16 following:
17 "a. U.S.A. Boxing.
18 "b. The Alabama High School Athletic Association.
19 "c. The National Collegiate Athletic Association.
20 "d. Amateur Athletic Union.
21 "e. Golden Gloves.
22 "f. The local affiliate of any organization listed
23 in this subdivision.
24 "g. USA Wrestling.
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1 "h. The National Junior College Athletic
2 Association.
3 "i. The National Association of Intercollegiate
4 Athletics.
5 "j. The National Collegiate Wrestling Association.
6 "k. Any organization licensed by the commission.
7 "(2) BARE KNUCKLE BOXING. The original form of
8 boxing, involving two individuals fighting without boxing
9 gloves or other padding on their hands.
10 "(3) BOXING MATCH. A contest between two individuals
11 in which contestants score points in rounds of two or three
12 minutes by striking with gloved fists the head and upper torso
13 of the opponent or by knocking the opponent down and rendering
14 the opponent unconscious or incapable of continuing the
15 contest by the blows, which contest is held in a square ring
16 supervised by a referee and scored by three judges.
17 "(4) BOXING REGISTRY. A registry created or
18 designated pursuant to subsection (k) of Section 41-9-1024.
19 "(5) CHARITABLE ORGANIZATION. An entity described by
20 either of the following:
21 "a. Section 501(c)(3), Internal Revenue Code of 1986
22 (26 U.S.C. Section 501(c)(3)).
23 "b. Section 170(c), Internal Revenue Code of 1986
24 (26 U.S.C. Section 170(c)).
25 "(6) COMMISSION. The Alabama Athletic Commission.
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1 "(7) EXHIBITION. A contest where the participants
2 engage in the use of boxing skills and techniques, bare
3 knuckle skills and techniques, tough man skills and
4 techniques, wrestling skills and techniques, or mixed martial
5 arts skills and techniques, or any or all of these, and where
6 the objective is to display the skills and techniques without
7 striving to win.
8 "(8) FACE VALUE. The dollar value of a ticket or
9 order shall reflect the dollar amount that the customer shall
10 pay in order to view the match, contest, exhibition, or
11 entertainment event. Face value shall include any charges or
12 fees, such as dinner, gratuity, parking, surcharges, or any
13 other charges or fees which are charged to and must be paid by
14 the customer in order to view the match, contest, exhibition,
15 or entertainment event. It shall exclude any portion paid by
16 the customer for federal, state, or local taxes.
17 "(9) GROSS RECEIPTS. Any of the following:
18 "a. The gross price charged for the sale or lease of
19 broadcasting, television, closed circuit, or motion picture
20 rights without any deductions for commissions, brokerage fees,
21 distribution fees, production fees, advertising, or other
22 expenses or charges.
23 "b. The face value of all tickets sold.
24 "(10) MANAGER. An individual who, under contract,
25 agreement, or other arrangement with a boxer, bare knuckle
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1 boxer, or a mixed martial arts competitor, undertakes to
2 control or administer, directly or indirectly, a matter on
3 behalf of a boxer or a mixed martial arts competitor. The term
4 includes, but is not limited to, a person who functions as a
5 booking agent, adviser, or consultant.
6 "(11) MATCHMAKER. A person who is employed by or
7 associated with a promoter in the capacity of booking and
8 arranging professional matches, contests, or exhibitions of
9 boxing, bare knuckle boxing, or mixed martial arts between
10 opponents or who proposes professional matches, contests, or
11 exhibitions of boxing, bare knuckle boxing, or mixed martial
12 arts and selects and arranges for the participants in such
13 events and for whose activities in this regard the promoter is
14 legally responsible.
15 "(12) MIXED MARTIAL ARTS. Unarmed combat involving
16 the use of any combination of techniques from different
17 disciplines of the martial arts, including, without
18 limitation, grappling, submission holds, throws, and striking
19 or kicking with the hands, feet, knees, or elbows. The term
20 mixed martial arts includes kickboxing.
21 "(13) PERSON. An individual, partnership, firm,
22 association, corporation, or combination of individuals of
23 whatever form or character.
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1 "(14) PHYSICIAN. A doctor of medicine or doctor of
2 osteopathy licensed to practice medicine in the State of
3 Alabama.
4 "(15) PROFESSIONAL. A person who is participating or
5 has participated in a match, contest, or exhibition of boxing,
6 bare knuckle boxing, wrestling, or mixed martial arts which is
7 not governed or authorized by one or more of the organizations
8 listed in subdivision (1) and any of the following:
9 "a. Has received or competed for or is receiving or
10 competing for any cash as a salary, purse, or prize for
11 participating in any match, contest, or exhibition of boxing,
12 bare knuckle boxing, wrestling, or mixed martial arts.
13 "b. Is participating or has participated in any
14 match, contest, or exhibition of boxing, bare knuckle boxing,
15 wrestling, or mixed martial arts to which admission is granted
16 upon payment of any ticket for admission or other evidence of
17 the right of entry.
18 "c. Is participating or has participated in any
19 match, contest, or exhibition of boxing, bare knuckle boxing,
20 wrestling, or mixed martial arts which is or was filmed,
21 broadcast, or transmitted for viewing.
22 "d. Is participating or has participated in any
23 match, contest, or exhibition of boxing, bare knuckle boxing,
24 wrestling, or mixed martial arts which provides a commercial
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1 advantage by attracting persons to a particular place or
2 promoting a commercial product or enterprise.
3 "(16) PROFESSIONAL MATCH OF BOXING, BARE KNUCKLE
4 BOXING, WRESTLING, or MIXED MARTIAL ARTS, or UNARMED COMBAT.
5 "a. A boxing match, contest, or exhibition; a bare
6 knuckle boxing match, contest, or exhibition; a wrestling
7 match; or a mixed martial arts match, contest, or exhibition;
8 or other unarmed combat match, contest, or exhibition, which
9 is not governed or authorized by one or more of the
10 organizations listed in subdivision (1) and which does any of
11 the following:
12 "1.a. Rewards a boxer, bare knuckle boxer, wrestler,
13 or mixed martial arts competitor, or other unarmed combat
14 competitor participating with cash as a salary, purse, or
15 prize for such participation.
16 "2.b. Requires for admission payment of a ticket or
17 other evidence of the right of entry.
18 "3.c. Is filmed, broadcast, or transmitted for
19 viewing.
20 "4.d. Provides a commercial advantage by attracting
21 persons to a particular place or promoting a commercial
22 product or enterprise.
23 "b. The term does not include unarmed combat.
24 "(17) PROFESSIONAL WRESTLING. Any organized event
25 between two unarmed contestants in which participants compete
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1 primarily for the purpose of providing entertainment to
2 spectators that may or may not comprise a bona fide athletic
3 contest or competition.
4 "(18) PROMOTER. The person primarily responsible for
5 organizing, promoting, and producing a match, contest, or
6 exhibition of professional boxing, bare knuckle boxing, tough
7 man contest, professional wrestling, or mixed martial arts and
8 who is legally responsible for the lawful conduct of such
9 professional match, contest, or exhibition.
10 "(19) PURSE or RING EARNINGS. The financial
11 guarantee or any other remuneration, or part thereof, which a
12 professional boxer, bare knuckle boxer, wrestler, or mixed
13 martial arts competitor participating in a match, contest, or
14 exhibition will receive and includes any share of any payment
15 received for radio broadcasting, television, or motion picture
16 rights.
17 "(20) TOUGH MAN CONTEST. A boxing match and
18 tournament where each contestant wears headgear and oversized
19 gloves. A contestant in a tough man contest is not an amateur
20 or a professional and cash prizes may be awarded.
21 "(21) UNARMED COMBAT. a. Any form of competition
22 between human beings in which both of the following occurs:
23 "1. One or more blows are struck which may
24 reasonably be expected to inflict injury on a human being.
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1 "2. There is some compensation or commercial benefit
2 arising from such competition, whether in the form of cash or
3 non-cash payment to the competitors or the person arranging
4 the competition; the sale of the right to film, broadcast,
5 transmit, or view the competition; or the use of the
6 competition to attract persons to a particular location for
7 some commercial advantage or to promote a commercial product
8 or commercial enterprise.
9 "b. Unarmed combat does not include any of the
10 following:
11 "1. Professional boxing.
12 "2. Professional wrestling.
13 "3. Amateur boxing.
14 "4. Amateur wrestling.
15 "5. Any competition displaying the skills of a
16 single form of a system of unarmed self-defense, including,
17 but not limited to, kickboxing, karate, or full-contact
18 karate, which is held pursuant to the rules of that form and
19 governed or authorized by a nationally recognized
20 organization.
21 "6. Professional mixed martial arts.
22 "7. Amateur mixed martial arts.
23 "8. Tough man contests.
24 "9. Professional wrestling.
25 "10. Bare knuckle boxing.
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1 "41-9-1023.
2 "(a) There is created the Alabama Athletic
3 Commission composed of six members.
4 "(b)(1) The membership of the commission shall be
5 inclusive and reflect the racial, gender, geographic,
6 urban/rural, and economic diversity of the All appointing
7 authorities shall coordinate their appointments so that
8 diversity of gender, race, and geographical areas is
9 reflective of the makeup of this state. The six initial
10 members shall be as follows:
11 "a. Two members appointed by the Governor.
12 "b. One member appointed by the Alabama Athlete
13 Agents Commission.
14 "c. One member appointed by the Speaker of the House
15 of Representatives.
16 "d. One member appointed by the President of the
17 Senate.
18 "e. One member appointed by the President Pro
19 Tempore of the Senate.
20 "(2) Initial appointments by the Governor shall be
21 for one and three years, the initial appointment by the
22 Speaker of the House of Representatives shall be for four
23 years, the initial appointment of the President of the Senate
24 shall be for two years, and the initial appointment of the
25 President Pro Tempore of the Senate shall be for one year. The
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1 initial appointment by the commission shall be for four years.
2 All subsequent appointments shall be for terms of four years.
3 Vacancies shall be filled for the unexpired terms under the
4 same procedures and requirements as appointments for full
5 terms. Each member of the commission shall be a citizen
6 resident of this state and no two members shall be from the
7 same congressional district at the time of appointment.
8 "(c) The commission shall elect a chair from among
9 its membership for a term of one year. While serving as chair,
10 a member may not vote on any matter coming before the
11 commission. The commission may elect a vice chair from its
12 membership for a term of one year. Any member serving as chair
13 shall be eligible for successive election to the office by the
14 commission. The chair may designate another member of the
15 commission to perform the duties of chair in his or her
16 absence. The commission may employ an executive director to
17 manage the day-to-day operations of the commission within the
18 available funds of the commission.
19 "(d) A medical advisory panel of the commission
20 shall be appointed by the Governor and shall consist of four
21 persons licensed to practice medicine in this state, with one
22 member each representing the specialties of ophthalmology and
23 general medicine and two members representing the specialty of
24 sports medicine. The medical advisory panel shall advise and
25 assist the commission and its staff regarding issues and
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1 questions concerning the medical safety of professional
2 boxers, bare knuckle boxers, tough man contestants,
3 professional wrestlers, amateur mixed martial arts
4 competitors, and professional mixed martial arts competitors,
5 and other unarmed combat competitors including, but not
6 limited to, matters relating to medical suspensions. The
7 medical advisory panel may meet separately from the commission
8 to discuss and formulate recommendations for the commission in
9 connection with medical safety. Members of the medical
10 advisory panel shall not be counted in determining a quorum of
11 the commission and shall not vote as commission members.
12 "(e) Each member of the commission and the medical
13 advisory panel shall be reimbursed for expenses and travel as
14 provided for public officials of this state.
15 "41-9-1024.
16 "(a)(1) The commission shall be the sole regulator
17 of professional boxing in this state and shall have authority
18 to protect the physical safety and welfare of professional
19 boxers and serve the public interest by closely supervising
20 all professional boxing in this state.
21 "(2) The commission shall be the sole regulator of
22 professional and amateur matches, contests, or exhibitions of
23 mixed martial arts and shall have the authority to protect the
24 physical safety and welfare of professional competitors in
25 mixed martial arts and serve the public interest by closely
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1 supervising all competitors in mixed martial arts. The