Bill Text: NJ A1123 | 2010-2011 | Regular Session | Introduced
Bill Title: "The Muhammad Ali/Rocky Marciano Boxing Reform Act"; enhances regulation of boxing.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Regulated Professions Committee [A1123 Detail]
Download: New_Jersey-2010-A1123-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Prieto, Assemblywomen Rodriguez, Tucker, Assemblymen Green and Giblin
SYNOPSIS
"The Muhammad Ali/Rocky Marciano Boxing Reform Act"; enhances regulation of boxing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the regulation of boxing and amending and supplementing P.L.1985, c.83.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Sections 1 through 6 of this act shall be known and may be cited as "The Muhammad Ali/Rocky Marciano Boxing Reform Act."
2. (New section) a. A promoter or manager licensed by the State Athletic Control Board shall not enter into a contract with a boxer licensed by the board unless the contract:
is for a period of one year or less;
recites the mutual obligations of the parties; and
specifies the minimum number of events in which the boxer will participate during the duration of the contract.
b. A promoter, or any person having a direct or indirect financial interest in a promoter, or any spouse, child, parent or sibling of such a promoter or person, shall not serve or act as the manager or second of any boxer or have any direct or indirect financial interest in any manager's or second's contract with such a boxer. The board shall by regulation establish criteria for when a direct or indirect financial interest exists.
c. A promoter or manager shall not provide any compensation, gift or benefit to any boxing organization which sanctions events in this State or to any officer or employee thereof.
d. A promoter shall file with the board, at least 90 days prior to an event, a copy of any agreement between the promoter and any boxer participating in the event, as well as information concerning fees, charges and expenses to be assessed against the boxer, payments to any boxing organization sanctioning the event, and any reductions which may be made in the amount or percent of a boxer's purse.
3. (New section) a. A boxing organization shall provide to the board in connection with any event in this State sanctioned by that organization a written statement of all payments made by the organization and all revenues received by the organization in connection with the event, including all fees, charges and expenses assessed by the organization on any boxer participating in the event.
b. A boxing organization shall be ineligible to sanction any boxing event in this State unless it demonstrates to the satisfaction of the board that it has established objective and consistent criteria for rating boxers, provides an appeals process by which a boxer may contest a rating, provides boxers with timely written notice of a change in rating, discloses information about the organization to the Federal Trade Commission, and posts all of the aforesaid information on an official Internet website established by the organization.
4. (New section) a. Judges for any boxing event shall be selected, licensed and assigned by the board. To be eligible for licensure as a judge a person shall have previously officiated in amateur competitions or in other states or jurisdictions. An applicant's participation in other training, such as attendance at seminars, shall be considered by the board in making a licensure decision.
b. No person shall judge a boxing event who has not been issued a judge's license by the board. However, a special judge's permit may be issued to a qualified judge from another jurisdiction in the case of a championship match or a special event. The board shall select only the most experienced and best-qualified judges for championship matches. A boxing organization which sanctions any event in this State shall have no role in the selection of a judge for that event. A judge selected to officiate at a match of ten or more rounds shall disclose to the board such financial information as the board deems necessary to demonstrate the judge's responsibility and integrity. The amount of compensation to be paid to a judge shall be established by the board by regulation except that such amounts may be increased by the board in the case of championship matches. All compensation payable to a judge, as well as the cost of meals, lodging or travel, shall be paid directly to the judge by the board from funds provided to the board by the promoter of an event, except that in the case of a championship match the board may allow the cost of meals, lodging or travel to be paid by the promoter directly to a judge.
A judge shall not solicit or accept any gift, favor, service or other thing of value from any licensee of the board, or any applicant for licensure in connection with an event to which the judge has been assigned or under circumstances from which it may reasonably be inferred that such item was intended to influence the judge.
5. (New section) Any person who is found to have knowingly and willfully violated any provision of P.L.1985, c.83 (C.5:2A-1 et seq.) shall be guilty of a crime of the fourth degree.
6. (New section) Any boxer who suffers an economic injury as a result of another licensee's violation of any provision of P.L.1985, c.83 (C.5:2A-1 et seq.) may initiate a civil action for damages in a court of competent jurisdiction.
7. Section 15 of P.L.1985, c.83 (C.5:2A-15) is amended to read as follows:
15. a. The board shall not grant a license to any person who does not possess good character, honesty, integrity and responsibility.
b. No license shall be granted or renewed if the applicant has been delinquent in paying tax which has been assessed pursuant to section 20 of this act unless good cause is shown.
c. Each applicant for licensure pursuant to this act shall produce such information, documentation and assurances as may be required to establish by clear and convincing evidence the applicant's reputation for good character, honesty, integrity and responsibility, which may include but not be limited to information, documentation and assurances that the applicant has not engaged in activities with or associated with members of organized crime.
d. The board may exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation for use in considering applicants for licensure.
e. The board shall adopt rules and regulations for the conduct of an extensive medical examination prior to licensure and the renewal of any license, which in the case of any boxer shall include a computerized axial tomography (CAT) scan of the boxer's head, giving due consideration to the advice of the State Athletic Control Board Medical Advisory Council, established under section 8 of P.L.1985, c.83 (C.5:2A-8).
f. The board shall adopt rules and regulations providing for the issuance of a passport book to each licensed boxer, which shall contain a current photograph of the boxer; the address, telephone number, social security number or other number assigned by the board to the boxer and his manager; and an accurate history of all matches that the boxer has engaged in since becoming a professional, which history shall include information on the matches won and lost and the matches in which there was a technical knockout or a knockout. A boxer who shall fail to provide accurate information in the passport book in accordance with the rules and regulations of the board shall be denied a license or shall have his license suspended immediately, as the case may be.
(cf: P.L.1988, c.20, s.2)
8. Section 6 of P.L.1988, c.20 (C.5:2A-18.1) is amended to read as follows:
6. No extreme wrestling, boxing, kick boxing or combative sports exhibition, event, performance or contest shall commence or proceed unless two qualified physicians designated by the council shall be at ringside for each extreme wrestling, boxing, kick boxing or combative sports exhibition, event, performance or contest and unless an ambulance containing the standard medical equipment necessary to treat cerebral injuries is stationed at the exhibition, event, performance or contest during the entire time the exhibition, event, performance or contest is taking place. In the case of a boxing event, one of the physicians required to be present shall be a board certified neurologist and one shall be a board certified internist. The commissioner or his designee shall delay an exhibition, event, performance or contest until the ambulance and the two qualified ringside physicians required by this section are present.
(cf: P.L.2000, c.124, s.14)
9. Section 7 of P.L.1988, c.20 (C.5:2A-18.2) is amended to read as follows:
7. [Upon] Each boxer, and upon the recommendation of a ringside physician, each [boxer,] kick boxer or combative sports participant shall be required to undergo an ophthalmological and neurological examination after each exhibition, event, performance or contest by a qualified physician or hospital designated by the council. The cost of such examination shall be borne by the promoter of the exhibition, event, performance or contest. A certified copy of the findings shall be submitted to the council and board as soon as possible after the examination. A boxer, kick boxer or combative sports participant shall not be permitted to engage in another exhibition, event, performance or contest if the council or board determines that his previous examination report is unsatisfactory or if no examination report was submitted.
(cf: P.L.1988, c.20, s.7)
10. Section 9 of P.L.1988, c.20 (C.5:2A-14.2) is amended to read as follows:
9. a. Promoters licensed pursuant to P.L.1985, c.83 (C.5:2A-1 et seq.) shall carry medical insurance covering all extreme wrestlers, professional boxers, kick boxers or combative sports participants whom they promote.
b. The cost of the insurance required pursuant to this section shall be borne by the promoter.
c. The promoter shall obtain medical insurance coverage in an amount to be determined by the commissioner, which amount shall cover the expenses for the treatment of any injuries the extreme wrestler, boxer, kick boxer or combative sports participant may suffer as a result of an extreme wrestling, professional boxing, kick boxing or combative sports exhibition, event, performance or contest.
d. The insurance coverage required under this act shall extend for at least six months from the date of the bout, except that in the case of a boxer coverage shall continue for the duration of the injury.
e. No extreme wrestling, professional boxing, kick boxing or combative sports exhibition, event, performance or contest shall be approved in this State unless the promoter is in full compliance with
the requirements of this section concerning medical insurance coverage.
(cf: P.L.2000, c.124, s.13)
11. This act shall take effect immediately.
STATEMENT
This bill would establish "The Muhammad Ali/Rocky Marciano Boxing Reform Act" for the purpose of enhancing the regulation of boxing in this State. The bill imposes new requirements on promoters and managers, boxing organizations, and boxing judges in order to address concerns that the current system of boxing regulation does not adequately protect the rights and welfare of professional boxers who are frequently subject to exploitive, oppressive and unethical business practices of boxing promoters and sanctioning organizations.
The bill would:
limit the duration of a contract between a boxer and a promoter or manager to one year, and provides that the contract must recite the mutual obligations of the parties and specify the minimum number of events in which the boxer will participate during the contract;
prohibit a promoter, or any person having a direct or indirect financial interest in a promoter, as well as certain relatives of such a promoter or person, from acting as the manager or second of any boxer or having any direct or indirect financial interest in any manager's or second's contract with such a boxer;
prohibit a promoter or manager from providing any compensation, gift or benefit to any boxing organization which sanctions events in this State or to any officer or employee thereof;
require a promoter to file with the board, at least 90 days prior to an event, a copy of any agreement between the promoter and any boxer participating in the event, as well as information concerning fees, charges and expenses to be assessed against the boxer, payments to any boxing organization sanctioning the event, and any reductions which may be made in the amount or percent of a boxer's purse;
require a boxing organization to provide to the board in connection with any event sanctioned by that organization a written statement of all payments made by the organization and all revenues received by the organization in connection with the event, including all charges and fees imposed by the organization on any boxer participating in the event;
provide that a boxing organization will be ineligible to sanction any boxing event in this State unless it demonstrates to the satisfaction of the board that it has established objective and consistent criteria for rating boxers, provides an appeals process by which a boxer may contest a rating, provides boxers with timely written notice of a change in rating, discloses information about the organization to the Federal Trade Commission, and posts all of this information on an official Internet website established by the organization;
provide that judges for any boxing event shall be selected, licensed and assigned by the board;
provides that to be eligible for licensure as a judge an individual must have previously officiated in amateur competitions or in other states or jurisdictions and that an applicant's participation in other training, such as attendance at seminars, will be considered by the board in making a licensure decision;
prohibit any person who has not been issued a judge's license by the board from judging a boxing event, except that a special judge's permit may be issued to a qualified judge from another jurisdiction in the case of a championship match or a special event;
direct the board to select only the most experience and best-qualified judges for championship matches;
prohibit a boxing organization which sanctions an event in this State from having any role in the selection of a judge for that event;
provide that a judge selected to officiate at a match of ten or more rounds must disclose to the board such financial information as the board deems necessary to demonstrate the judge's responsibility and integrity;
provide that the amount of compensation to be paid to a judge will be established by the board by regulation, except that such amounts may be increased by the board in the case of championship matches;
require that all compensation payable to a judge, as well as the cost of meals, lodging or travel, will be paid directly to the judge by the board from funds provided to the board by the promoter of an event, except that in the case of a championship match the board may allow the cost of meals, lodging or travel to be paid by the promoter directly to a judge;
prohibit a judge from soliciting or accepting any gift, favor, service or other thing of value from any licensee of the board, or any applicant for licensure in connection with an event to which the judge has been assigned or under circumstances from which it may reasonably be inferred that such item was intended to influence the judge;
provide that in addition to the civil penalties provided for in existing law, any person who is found to have knowingly and willfully violated any provision of N.J.S.A.5:2A-1 et seq. shall be guilty of a crime of the fourth degree;
provide that any boxer who suffers an economic injury as a result of another licensee's violation of any provision of P.L.1985, c.83 (C.5:2A-1 et seq.) may initiate a civil action for damages in a court of competent jurisdiction;
provide that as part of the physical examination required of a boxer prior to licensure and as a condition of license renewal, a boxer must have a CAT scan of the head;
provide that of the two physicians required by current law to be present at a boxing event, one must be a board certified neurologist and one must be a board certified internist;
require boxers to undergo ophthalmological and neurological examinations after an event; and
increase the health insurance coverage a promoter is required to provide to boxers.
