Proposed Boxing Professional Safety Act
As a public service, The Cyber Boxing Zone presents the full text of the proposed Federal legislation which would pertain to boxing regulation. We would like to collect comments on this bill, so please e-mail Mike DeLisa or Gordoom.
FILE s187.es
S 187 ES
04th CONGRESS
1st Session
AN ACT
To provide for the safety of journeymen boxers, and for other
purposes.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Professional Boxing Safety Act of
1995'.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) BOXER- The term `boxer' means a person who participates
in a professional boxing match.
(2) LICENSEE- The term `licensee' means an individual who
serves as a trainer, second, or cut man for a professional
boxer.
(3) MANAGER- The term `manager' means a person or business
that helps arrange professional boxing matches for a boxer, and
that serves as an advisor or representative of a boxer in a
professional capacity.
(4) MATCHMAKER- The term `matchmaker' means a person or
business that proposes, selects, and arranges the boxers to
participate in a professional boxing match.
(5) PROFESSIONAL BOXING MATCH- The term `professional boxing
match'--
(A) means a boxing contest held in the United States
between individuals for compensation or a prize; and
(B) does not include any amateur boxing match.
(6) PROMOTER- The term `promoter' means a person or business
that organizes, holds, advertises, or otherwise conducts a
professional boxing match.
(7) STATE BOXING COMMISSION- The term `State boxing
commission' means a State agency with authority to regulate
professional boxing.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to improve and expand the system of safety precautions
that protects the welfare of professional boxers; and
(2) to assist State boxing commissions to provide proper
oversight for the professional boxing industry in the United
States.
SEC. 4. PROFESSIONAL BOXING MATCHES.
(a) IN GENERAL-
(1) REQUIREMENTS- Subject to subsection (b), a professional
boxing match may be held in the United States only if--
(A)(i) the State in which the professional boxing match
is to be held has a State boxing commission;
(ii) the State has entered into a contract with a private
organization to carry out the duties of a State boxing
commission in accordance with the applicable requirements
of this Act; or
(iii) the promoter who seeks to put on a professional
boxing match in a State that does not have a boxing
commission has entered into an agreement with the chief
administrative officer of a State that has a boxing
commission to oversee the boxing match;
(B) a licensed practicing physician, whose services are
paid by the promoter, is continuously present at the
ringside of the professional boxing match;
(C) the promoter has, in accordance with this subsection,
provided-
(i) for a physical examination of each boxer who
participates in the professional boxing match by a
licensed practicing physician, to ensure that each such
boxer is physically fit to compete in the boxing match;
and
(ii)(I) for an ambulance to be continuously present
at the site of the boxing match; or
(II) if applicable, notice in accordance with
paragraph (2); and
(D) the State boxing commission has established
procedures to carry out sections 5 through 8
(2) AMBULANCE SERVICE-
(A) IN GENERAL- In any case in which an applicable State
law does not require that an ambulance be continuously
present in the immediate vicinity of a professional boxing
match, if the promoter for that boxing match does not
choose to provide for such an ambulance, the promoter
shall, not later than 24 hours before that boxing match,
notify the nearest available ambulance service (including
any appropriate emergency medical service) of that boxing
match.
(B) COSTS- The promoter for a professional boxing match
shall pay the cost of any ambulance service provided in
conjunction with the conduct of that boxing match.
(b) REQUIREMENTS FOR PRIVATIZATION-
(1) MONITORING AND EVALUATION- If a State enters into a
contract with a private organization to carry out the duties of
a State boxing commission specified in this Act, the State
shall provide for--
(A) continual monitoring of the activities of the private
organization that are the subject of the contract; and
(B) regular evaluations by the State of the activities
referred to in subparagraph (A).
(2) CANCELLATION OF PROFESSIONAL BOXING MATCHES- If a State
enters into a contract with a private organization under
paragraph (1), notwithstanding that contract, the chief
administrative officer of that State may cancel a professional
boxing match without consulting the private organization if
that chief administrative officer determines that--
(A) the private organization is not performing the
obligations of that organization that are specified in the
contract in a manner that is satisfactory to the chief
administrative officer; or
(B) the cancellation of the professional boxing match is
necessary to protect public health, safety, or welfare.
SEC. 5. REGISTRATION.
(a) REQUIREMENTS- Each professional boxer shall register with--
(1) the State boxing commission of the State in which such
boxer resides (or if the State has in effect a contract with a
private organization described in section 4(b), that private
organization); or
(2) in the case of a boxer who is a resident of a foreign
country, or a State in which there is no State boxing
commission and in which no private organization is carrying out
the duties of a State boxing commission pursuant to a contract
described in section 4(b), the State boxing commission of any
State that has such a commission or a private organization that
carries out a contract described in section 4(b).
(b) IDENTIFICATION CARD-
(1) ISSUANCE- A State boxing commission or a private
organization that carries out a contract described in section
4(b) shall issue to each professional boxer who registers in
accordance with subsection (a), an identification card that
contains--
(A) a recent photograph of the boxer;
(B) the social security number of the boxer (or, in the
case of a foreign boxer, any similar citizen identification
number or professional boxer number from the country of
residence of the boxer); and
(C) each personal identification number assigned to the
boxer by a boxing registry certified by the Association of
Boxing Commissioners.
(2) RENEWAL- Each professional boxer shall renew his or her
identification card at least once every 3 years.
(3) PRESENTATION- Each professional boxer shall present his
or her identification card to the appropriate State boxing
commission or private organization that carries out a contract
described in section 4(b) not later than the time of the
weigh-in for a professional boxing match.
(c) RELATION TO STATE LAW- Nothing in this section shall be
construed as preventing a State from applying additional
registration requirements.
SEC. 6. REVIEW.
Each State boxing commission and each private organization that
carries out a contract described in section 4(b) shall establish
procedures--
(1) to evaluate the professional records of each boxer
participating in a boxing match in the State;
(2) to ensure that no boxer is permitted to box while under
suspension from any State boxing commission due to injury or
other medical-related reason, including--
(A) a recent knockout, injury, or requirement for a
medical procedure;
(B) failure of a drug test;
(C) poor boxing skills, or the inability to safely
compete; or
(D) the use of false aliases, or falsifying, or
attempting to falsify, official identification cards or
documents; and
(3) to ensure that if such commission (or private
organization) is considering permitting a boxer, promoter,
manager, or other licensee to participate in a professional
boxing match while the individual is under suspension from any
State for any reason other than a reason listed in paragraph
(2), such commission (or private organization) shall notify and
consult with the chief administrative officer of the State that
ordered the suspension prior to the grant of approval for such
individual to participate in that professional boxing match
.
SEC. 7. INSURANCE.
Each State, acting through the State boxing commission of the
State or private organization that carries out the regulation of
professional boxing matches for that State (if the State has in
effect a contract described in section 4(b) with that private
organization), shall require that a promoter provide insurance
coverage, in an amount determined by the appropriate State official
or entity, for each boxer who participates in a professional boxing
match that the promoter is involved in conducting to cover an
injury sustained while engaged in that match
.
SEC. 8. REPORTING.
(a) BOXING MATCH RESULTS- Not later than 48 business hours
(excluding Saturdays and Sundays) after the conclusion of a
professional boxing match, the results of such boxing match shall
be reported--
(1) to each professional boxing registry certified by the
Association of Boxing Commissions; and
(2) to the Florida State Athletic Commission.
(b) SUSPENSIONS- Not later than 48 business hours (excluding
Saturdays and Sundays) after a State boxing commission orders the
suspension of a boxer, promoter, or manager, such suspension shall
be reported--
(1) to each professional boxing registry certified by the
Association of Boxing Commissions; and
(2) to the Florida State Athletic Commission.
(c) ALTERNATE REPORTING ENTITY- If the State of Florida ceases,
for any reason, to publish and circulate a national suspension list
at no cost to other States on a frequent basis, the Association of
Boxing Commissions shall select a different public or private
entity to voluntarily undertake to compile and circulate a
suspension list to all State boxing commissions at no cost to the
States.
SEC. 9. ENFORCEMENT.
(a) INJUNCTIONS- Whenever a United States Attorney in a State has
reasonable cause to believe that a person or entity is engaged in a
violation of this Act in such State, the United States Attorney may
bring a civil action in the appropriate district court of the
United States requesting such relief, including a permanent or
temporary injunction, restraining order, or other order, against
the person or entity, as the United States Attorney determines to
be necessary to restrain the person or entity from continuing to
engage in, or to sanction, a professional boxing match in violation
of this Act.
(b) CRIMINAL PENALTIES-
(1) MANAGERS, PROMOTERS, MATCHMAKERS, AND LICENSEES- Each
manager, promoter, matchmaker, and licensee who knowingly and
willfully violates any provision of this Act shall, upon
conviction, be imprisoned for not more than 1 year or fined not
more than $20,000, or both.
(2) BOXERS- Any professional boxer who knowingly and
willfully violates any provision of this Act shall, upon
conviction, be fined not more than $1,000.
(c) DESIGNATED UNITED STATES ATTORNEY- The Attorney General of
the United States shall, for each State, designate a United States
Attorney that has an office in that State, to serve, in
consultation with the State boxing commission of that State (or, in
the absence of a State boxing commission, the appropriate official
of the Association of Boxing Commissions)--
(1) as a liaison to respond to allegations concerning
violations of this Act; and
(2) as a coordinator for any enforcement activity conducted
pursuant to this Act that is carried out by any United States
Attorney in that State.
SEC. 10. NOTIFICATION OF DESIGNATED UNITED STATES ATTORNEY.
Each promoter that intends to hold a professional boxing match in
a State that does not have a State boxing commission shall, not
later than 14 days before the intended date of that event, provide
written notification to the United States Attorney designated under
section 9(c) for that State. That notification shall contain--
(1) assurances that, with respect to that boxing match, all
applicable requirements of this Act will be met;
(2) the name, State of residence, and telephone number of the
official of a State boxing commission of another State who will
oversee the match pursuant to an agreement described in section
4(a)(1)(A)(iii);
(3) the name of any individual who, at the time of the
submission of the notification--
(A) is under suspension from a State boxing commission;
and
(B) will be involved in organizing or participating in
the event; and
(4) with respect to any individual listed under paragraph
(3), the State boxing commission to which a suspension
described in paragraph (3)(A) is in effect.
SEC. 11. CONSULTATION WITH STATE BOXING OFFICIALS BY THE ATTORNEY
GENERAL.
Not later than 1 year after the date of enactment of this Act,
and annually thereafter, to exchange information concerning the
implementation and enforcement of this Act and to improve the
safety and integrity of professional boxing as a sport, the
Attorney General of the United States shall consult with--
(1) the appropriate official of the Association of Boxing
Commissions;
(2) tribal organizations (as that term is defined in section
4(l) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(l)) that regulate professional boxing
matches; and
(3) private organizations that assist in the regulation of
professional boxing matches.
SEC. 12. PENSION STUDY.
(a) IN GENERAL- The Secretary of Labor shall conduct a study on
the feasibility and cost of a national pension system for
professional boxers, including potential funding sources.
(b) REPORT- Not later than 180 days after the date of enactment
of this Act, the Secretary of Labor shall submit a report to the
Congress on the findings of the study conducted pursuant to
subsection (a).
SEC. 13. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN
RESERVATIONS.
(a) DEFINITIONS- For purposes of this section, the following
definitions shall apply:
(1) INDIAN TRIBE- The term `Indian tribe' has the same
meaning as in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).
(2) RESERVATION- The term `reservation' means the
geographically defined area over which a tribal organization
exercises governmental jurisdiction.
(3) TRIBAL ORGANIZATION- The term `tribal organization' has
the same meaning as in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
(b) REQUIREMENTS-
(1) IN GENERAL- Notwithstanding any other provision of law, a
tribal organization of an Indian tribe may, upon the initiative
of the tribal organization--
(A) regulate professional boxing matches held within the
reservation under the jurisdiction of that tribal
organization; and
(B) carry out that regulation or enter into a contract
with a private organization to carry out that regulation
.
(2) STANDARDS AND LICENSING- If a tribal organization
regulates boxing matches pursuant to paragraph (1), the tribal
organization shall, by tribal ordinance or resolution,
establish and provide for the implementation of health and
safety standards, licensing requirements, and other
requirements relating to the conduct of professional boxing
matches that are at least equivalent to--
(A) the otherwise applicable standards and requirements
of each State in which the reservation is located; or
(B) if no State in which the reservation is located has
established any such standard or requirement--
(i) the standards and requirements of any other State
that has established a State boxing commission that
carries out the requirements of this Act; or
(ii) the most recently published version of the
recommended regulatory guidelines issued by the
Association of Boxing Commissions.
Passed the Senate October 31, 1995.
Attest:
Secretary.
104th CONGRESS
1st Session
AN ACT
To provide for the safety of journeymen boxers, and for other
purposes.
© 1996 The Cyber Boxing Zone