1 HB534
2 209111-2
3 By Representative Garrett
4 RFD: Boards, Agencies and Commissions
5 First Read: 11-MAR-21
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1 209111-2:n:03/11/2021:KMS*/cr LSA2020-2629
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8 SYNOPSIS: Under existing law, the Alabama Athletic
9 Commission is responsible for regulating boxing,
10 wrestling, and mixed martial arts pursuant to the
11 Alabama Boxing, Wrestling, and Mixed Martial Arts
12 Act.
13 This bill would change the name of the
14 regulatory act for the commission from the Alabama
15 Boxing, Wrestling, and Mixed Martial Arts Act to
16 the Alabama Unarmed Combat Act.
17 This bill would provide that the commission
18 is the sole regulator of any form of unarmed combat
19 held in the state.
20 This bill would authorize the commission to
21 immediately implement certain medical guidelines
22 and competition guidelines approved by the
23 commission without hearings as prescribed by the
24 Alabama Administrative Procedure Act.
25 This bill would authorize the commission to
26 assess fines, not exceeding $10,000 per violation,
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1 for violations of the rules and guidelines of the
2 commission.
3 This bill would also provide further for the
4 complaint, investigation, and discipline process
5 for violators.
6 Amendment 621 of the Constitution of Alabama
7 of 1901, as amended by Amendment 890, now appearing
8 as Section 111.05 of the Official Recompilation of
9 the Constitution of Alabama of 1901, prohibits a
10 general law whose purpose or effect would be to
11 require a new or increased expenditure of local
12 funds from becoming effective with regard to a
13 local governmental entity without enactment by a
14 2/3 vote unless: it comes within one of a number of
15 specified exceptions; it is approved by the
16 affected entity; or the Legislature appropriates
17 funds, or provides a local source of revenue, to
18 the entity for the purpose.
19 The purpose or effect of this bill would be
20 to require a new or increased expenditure of local
21 funds within the meaning of the amendment. However,
22 the bill does not require approval of a local
23 governmental entity or enactment by a 2/3 vote to
24 become effective because it comes within one of the
25 specified exceptions contained in the amendment.
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27 A BILL
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1 TO BE ENTITLED
2 AN ACT
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4 Relating to the Alabama Athletic Commission; to
5 amend Sections 41-9-1020, 41-9-1021, 41-9-1023, 41-9-1024,
6 41-9-1037, and 41-9-1038, Code of Alabama 1975; to rename the
7 regulatory act the Alabama Unarmed Combat Act; to provide that
8 the commission is the sole regulator of any form of unarmed
9 combat held in the state; to authorize the commission to
10 immediately implement certain medical guidelines and
11 competition guidelines approved by the commission without
12 hearings as prescribed by the Alabama Administrative Procedure
13 Act; to authorize the commission to assess fines, not
14 exceeding a specified amount; to provide further for the
15 complaint, investigation, and discipline process for
16 violators; and in connection therewith would have as its
17 purpose or effect the requirement of a new or increased
18 expenditure of local funds within the meaning of Amendment 621
19 of the Constitution of Alabama of 1901, as amended by
20 Amendment 890, now appearing as Section 111.05 of the Official
21 Recompilation of the Constitution of Alabama of 1901.
22 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23 Section 1. Sections 41-9-1020, 41-9-1021, 41-9-1023,
24 41-9-1024, 41-9-1037, and 41-9-1038 of the Code of Alabama
25 1975, are amended to read as follows:
26 "41-9-1020.
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1 "This article shall be known and may be cited as the
2 Alabama Boxing, Wrestling, and Mixed Martial Arts Unarmed
3 Combat Act.
4 "41-9-1021.
5 "As used in this article, the following terms shall
6 have the following meanings:
7 "(1) AMATEUR. An individual who engages in a match,
8 contest, or exhibition of boxing, tough man contests,
9 wrestling, or mixed martial arts, or other form of unarmed
10 combat, for no compensation or thing of value for
11 participating, which is governed or authorized by any of the
12 following:
13 "a. U.S.A. Boxing.
14 "b. The Alabama High School Athletic Association.
15 "c. The National Collegiate Athletic Association.
16 "d. Amateur Athletic Union.
17 "e. Golden Gloves.
18 "f. The local affiliate of any organization listed
19 in this subdivision.
20 "g. USA Wrestling.
21 "h. The National Junior College Athletic
22 Association.
23 "i. The National Association of Intercollegiate
24 Athletics.
25 "j. The National Collegiate Wrestling Association.
26 "k. Any organization licensed by the commission.
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1 "(2) BARE KNUCKLE BOXING. The original form of
2 boxing, involving two individuals fighting without boxing
3 gloves or other padding on their hands.
4 "(3) BOXING MATCH. A contest between two individuals
5 in which contestants score points in rounds of two or three
6 minutes by striking with gloved fists the head and upper torso
7 of the opponent or by knocking the opponent down and rendering
8 the opponent unconscious or incapable of continuing the
9 contest by the blows, which contest is held in a square ring
10 supervised by a referee and scored by three judges.
11 "(4) BOXING REGISTRY. A registry created or
12 designated pursuant to subsection (k) of Section 41-9-1024.
13 "(5) CHARITABLE ORGANIZATION. An entity described by
14 either of the following:
15 "a. Section 501(c)(3), Internal Revenue Code of 1986
16 (26 U.S.C. Section 501(c)(3)).
17 "b. Section 170(c), Internal Revenue Code of 1986
18 (26 U.S.C. Section 170(c)).
19 "(6) COMMISSION. The Alabama Athletic Commission.
20 "(7) EXHIBITION. A contest where the participants
21 engage in the use of boxing skills and techniques, bare
22 knuckle skills and techniques, tough man skills and
23 techniques, wrestling skills and techniques, or mixed martial
24 arts skills and techniques, or any or all of these, and where
25 the objective is to display the skills and techniques without
26 striving to win.
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1 "(8) FACE VALUE. The dollar value of a ticket or
2 order shall reflect the dollar amount that the customer shall
3 pay in order to view the match, contest, exhibition, or
4 entertainment event. Face value shall include any charges or
5 fees, such as dinner, gratuity, parking, surcharges, or any
6 other charges or fees which are charged to and must be paid by
7 the customer in order to view the match, contest, exhibition,
8 or entertainment event. It shall exclude any portion paid by
9 the customer for federal, state, or local taxes.
10 "(9) GROSS RECEIPTS. Any of the following:
11 "a. The gross price charged for the sale or lease of
12 broadcasting, television, closed circuit, or motion picture
13 rights without any deductions for commissions, brokerage fees,
14 distribution fees, production fees, advertising, or other
15 expenses or charges.
16 "b. The face value of all tickets sold.
17 "(10) MANAGER. An individual who, under contract,
18 agreement, or other arrangement with a boxer, bare knuckle
19 boxer, or a mixed martial arts competitor, undertakes to
20 control or administer, directly or indirectly, a matter on
21 behalf of a boxer or a mixed martial arts competitor. The term
22 includes, but is not limited to, a person who functions as a
23 booking agent, adviser, or consultant.
24 "(11) MATCHMAKER. A person who is employed by or
25 associated with a promoter in the capacity of booking and
26 arranging professional matches, contests, or exhibitions of
27 boxing, bare knuckle boxing, or mixed martial arts between
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1 opponents or who proposes professional matches, contests, or
2 exhibitions of boxing, bare knuckle boxing, or mixed martial
3 arts and selects and arranges for the participants in such
4 events and for whose activities in this regard the promoter is
5 legally responsible.
6 "(12) MIXED MARTIAL ARTS. Unarmed combat involving
7 the use of any combination of techniques from different
8 disciplines of the martial arts, including, without
9 limitation, grappling, submission holds, throws, and striking
10 or kicking with the hands, feet, knees, or elbows. The term
11 mixed martial arts includes kickboxing.
12 "(13) PERSON. An individual, partnership, firm,
13 association, corporation, or combination of individuals of
14 whatever form or character.
15 "(14) PHYSICIAN. A doctor of medicine or doctor of
16 osteopathy licensed to practice medicine in the State of
17 Alabama.
18 "(15) PROFESSIONAL. A person who is participating or
19 has participated in a match, contest, or exhibition of boxing,
20 bare knuckle boxing, wrestling, or mixed martial arts which is
21 not governed or authorized by one or more of the organizations
22 listed in subdivision (1) and any of the following:
23 "a. Has received or competed for or is receiving or
24 competing for any cash as a salary, purse, or prize for
25 participating in any match, contest, or exhibition of boxing,
26 bare knuckle boxing, wrestling, or mixed martial arts.
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1 "b. Is participating or has participated in any
2 match, contest, or exhibition of boxing, bare knuckle boxing,
3 wrestling, or mixed martial arts to which admission is granted
4 upon payment of any ticket for admission or other evidence of
5 the right of entry.
6 "c. Is participating or has participated in any
7 match, contest, or exhibition of boxing, bare knuckle boxing,
8 wrestling, or mixed martial arts which is or was filmed,
9 broadcast, or transmitted for viewing.
10 "d. Is participating or has participated in any
11 match, contest, or exhibition of boxing, bare knuckle boxing,
12 wrestling, or mixed martial arts which provides a commercial
13 advantage by attracting persons to a particular place or
14 promoting a commercial product or enterprise.
15 "(16) PROFESSIONAL MATCH OF BOXING, BARE KNUCKLE
16 BOXING, WRESTLING, or MIXED MARTIAL ARTS, or UNARMED COMBAT.
17 "a. A boxing match, contest, or exhibition; a bare
18 knuckle boxing match, contest, or exhibition; a wrestling
19 match; or a mixed martial arts match, contest, or exhibition;
20 or other unarmed combat match, contest, or exhibition, which
21 is not governed or authorized by one or more of the
22 organizations listed in subdivision (1) and which does any of
23 the following:
24 "1.a. Rewards a boxer, bare knuckle boxer, wrestler,
25 or mixed martial arts competitor, or other unarmed combat
26 competitor participating with cash as a salary, purse, or
27 prize for such participation.
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1 "2.b. Requires for admission payment of a ticket or
2 other evidence of the right of entry.
3 "3.c. Is filmed, broadcast, or transmitted for
4 viewing.
5 "4.d. Provides a commercial advantage by attracting
6 persons to a particular place or promoting a commercial
7 product or enterprise.
8 "b. The term does not include unarmed combat.
9 "(17) PROFESSIONAL WRESTLING. Any organized event
10 between two unarmed contestants in which participants compete
11 primarily for the purpose of providing entertainment to
12 spectators that may or may not comprise a bona fide athletic
13 contest or competition.
14 "(18) PROMOTER. The person primarily responsible for
15 organizing, promoting, and producing a match, contest, or
16 exhibition of professional boxing, bare knuckle boxing, tough
17 man contest, professional wrestling, or mixed martial arts and
18 who is legally responsible for the lawful conduct of such
19 professional match, contest, or exhibition.
20 "(19) PURSE or RING EARNINGS. The financial
21 guarantee or any other remuneration, or part thereof, which a
22 professional boxer, bare knuckle boxer, wrestler, or mixed
23 martial arts competitor participating in a match, contest, or
24 exhibition will receive and includes any share of any payment
25 received for radio broadcasting, television, or motion picture
26 rights.
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1 "(20) TOUGH MAN CONTEST. A boxing match and
2 tournament where each contestant wears headgear and oversized
3 gloves. A contestant in a tough man contest is not an amateur
4 or a professional and cash prizes may be awarded.
5 "(21) UNARMED COMBAT.
6 a. Any form of competition between human beings in
7 which both of the following occurs:
8 "1. One or more blows are struck which may
9 reasonably be expected to inflict injury on a human being.
10 "2. There is some compensation or commercial benefit
11 arising from such competition, whether in the form of cash or
12 non-cash payment to the competitors or the person arranging
13 the competition; the sale of the right to film, broadcast,
14 transmit, or view the competition; or the use of the
15 competition to attract persons to a particular location for
16 some commercial advantage or to promote a commercial product
17 or commercial enterprise.
18 "b. Unarmed combat does not include any of the
19 following:
20 "1. Professional boxing.
21 "2. Professional wrestling.
22 "3. Amateur boxing.
23 "4. Amateur wrestling.
24 "5. Any competition displaying the skills of a
25 single form of a system of unarmed self-defense, including,
26 but not limited to, kickboxing, karate, or full-contact
27 karate, which is held pursuant to the rules of that form and
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1 governed or authorized by a nationally recognized
2 organization.
3 "6. Professional mixed martial arts.
4 "7. Amateur mixed martial arts.
5 "8. Tough man contests.
6 "9. Professional wrestling.
7 "10. Bare knuckle boxing.
8 "41-9-1023.
9 "(a) There is created the Alabama Athletic
10 Commission composed of six members.
11 "(b)(1) The membership of the commission shall be
12 inclusive and reflect the racial, gender, geographic,
13 urban/rural, and economic diversity of the state. The six
14 initial members shall be as follows:
15 "a. Two members appointed by the Governor.
16 "b. One member appointed by the Alabama Athlete
17 Agents Commission.
18 "c. One member appointed by the Speaker of the House
19 of Representatives.
20 "d. One member appointed by the President of the
21 Senate.
22 "e. One member appointed by the President Pro
23 Tempore of the Senate.
24 "(2) Initial appointments by the Governor shall be
25 for one and three years, the initial appointment by the
26 Speaker of the House of Representatives shall be for four
27 years, the initial appointment of the President of the Senate
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1 shall be for two years, and the initial appointment of the
2 President Pro Tempore of the Senate shall be for one year. The
3 initial appointment by the commission shall be for four years.
4 All subsequent appointments shall be for terms of four years.
5 Vacancies shall be filled for the unexpired terms under the
6 same procedures and requirements as appointments for full
7 terms. Each member of the commission shall be a citizen
8 resident of this state and no two members shall be from the
9 same congressional district at the time of appointment.
10 "(c) The commission shall elect a chair from among
11 its membership for a term of one year. While serving as chair,
12 a member may not vote on any matter coming before the
13 commission. The commission may elect a vice chair from its
14 membership for a term of one year. Any member serving as chair
15 shall be eligible for successive election to the office by the
16 commission. The chair may designate another member of the
17 commission to perform the duties of chair in his or her
18 absence. The commission may employ an executive director to
19 manage the day-to-day operations of the commission within the
20 available funds of the commission.
21 "(d) A medical advisory panel of the commission
22 shall be appointed by the Governor and shall consist of four
23 persons licensed to practice medicine in this state, with one<