PROPOSED RULEMAKING
STATE ATHLETIC COMMISSION
[58 PA. CODE CHS. 1, 3, 5, 9, 11, 13, 21, 23, 25, 27, 31 and 33]
Boxing and Wrestling
[30 Pa.B. 2611] The State Athletic Commission (SAC) proposes to adopt amendments to Part I (relating to State Athletic Commission). The amendments are proposed under 5 Pa.C.S. §§ 101--2110 (relating to the Athletic Code) (code). Virtually every statutory provision administered by SAC was renumbered or materially revised under the act of May 13, 1992 (P. L. 180, No. 32) (Act 32). The statutory changes also require a comprehensive revision of most regulations. The proposed amendments are set forth in Annex A.
Purpose
The proposal will comprehensively revise, with limited exceptions, all of the regulations administered by the SAC to conform with the code and current SAC policies adopted thereunder. A description of the proposed revisions and changes appears as follows:
Subpart A (relating to general provisions)
Subpart A would be organized into eight chapters: general provisions regarding officials; tickets, postponements and cancellations; relations with affiliates; safety of event premises; bonds and fees; and prohibited drug testing. Proposed revisions and amendments have been made to all chapters except Chapters 7 and 15 (relating to recognition of suspensions, disqualifications and retirements imposed by other authorities).
Chapter 1 (relating to preliminary provisions)
§ 1.1. (relating to definitions of ''Commission'')
Section 1.1 would be expanded to include a definition of the ''code'' so the statutory citation need not be repeated each time it is set forth in the proposed amendments. Additionally, ''Commission credentials'' are defined as documents issued by the Commission to individuals approved to attend a specific event without payment of an entry fee in furtherance of the Commission's official duties. Commission credentials are used by the Commission to permit officials and licensees to observe events for educational or training purposes. Because the terms ''event'' and ''knockdown'' are not defined in the code, they are defined here.
§ 1.2 (relating to Commission offices)
Section 1.2 would add the address of SAC Office in Harrisburg, PA, to the list which currently identifies locations in Pittsburgh, Philadelphia and Scranton.
Chapter 3 (relating to appointed officials)
§ 3.1 (relating to Executive Director)
Section 3.1 and the other sections within the proposal would be amended to reflect a change in term in the code, which refers to the administrative officer of SAC as the ''Executive Director'' rather than ''Executive Secretary.'' The duties of the Executive Director would be revised to reflect the code and are consolidated under this section. Commission credentials are provided for under subsection (g) which also sets forth the duty of the Executive Director to supervise and direct his staff, perform duties as directed by the Commission and grants him the ability to act through a designee. In new subsection (h), the Commission delegates to the Executive Director the authority to prohibit the proposed matching of boxers, in light of the Executive Director's duty to establish and maintain a record of all boxers under sections 105(7) and 706 of the code (relating to powers and duties of executive director; and register).
New subsection (i) would establish that circumstances not covered by regulations are subject to the authority of the Executive Director. A new proposed subsection (j) authorizes SAC, in its discretion, to use a videotape of a bout to review any actions taken during the bout. Subsection (k) would provide that any action by the Executive Director is subject to the right of appeal and a hearing before SAC upon written notice by the affected individual. Finally, this section is amended to refer to Commission personnel assigned to events as ''inspectors'' rather than ''deputy Commissioners.'' SAC believes that referring to administrative personnel as ''deputy Commissioners'' inappropriately cloaks them with the apparent authority of a SAC Commissioner, who is appointed by the Governor with the advice and consent of the Senate. Conforming amendments are made throughout the proposal.
§ 3.2 (relating to inspectors)
Section 3.2 would be revised to clarify that inspectors are appointed by SAC or Executive Director and approved by the Secretary of the Commonwealth. The duties of the Executive Director relating to inspectors' assignments, responsibilities and duties are also clarified.
§ 3.3 (relating to physicians)
Section 3.3 would reduce the requirement for two physicians to be in attendance at the bout to reflect section 704 of the code (relating to physician to be in attendance), which now requires the attendance of only one physician at every contest or exhibition. Other minor clarifications and drafting corrections are also made.
§ 3.4 (relating to announcers)
Section 3.4 would be revised so that announcers are assigned to events not by SAC but by the promoter or sponsor of the event. SAC believes that the close working relationship required between announcers and promoters or sponsors also requires assignments to be made by promoters. This section is also amended to permit announcers to collect official scorecards from the Executive Director or his designee after the scorecards have been inspected and approved for eventual announcement by the announcer regarding the decision.
Chapter 5 (relating to tickets, postponements and cancellations)
§ 5.1 (relating to tickets)
The proposed amendments to § 5.1 would delete SAC approval of ticket price and eliminate some of the provisions regarding complimentary tickets. Additionally, SAC would delete some of the provisions regarding the sale and transfer of tickets. These areas need not be covered by regulation because they are addressed in section 1111(a) of the code (relating to tickets), which sets forth information which should appear on the face of the ticket; and subsection (c) which prohibits any person from selling any ticket for more than 50¢ in excess of the price printed on the ticket.
§ 5.2 (relating to postponements and cancellations)
Proposed changes to § 5.2 would require written notice in the event that a bout or exhibition is postponed or canceled. Additional minor changes are made to provide the promoter with increased flexibility in rescheduling the event or exhibition and to clarify other provisions in accordance with section 1113 of the code (relating to ticket refunds).
Chapter 9 (relating to relations with affiliates)
Proposed §§ 9.1 and 9.2 would be revised to clarify that SAC's jurisdiction extends to any sport regulated by the SAC under the code.
Chapter 11 (relating to safety of event premises)
§ 11.1 (relating to ventilation, fire exits and fire escapes)
In § 11.1 would be slightly amended to replace a reference to ''city, town or village'' with ''municipality.''
§ 11.2 (relating to certificate required)
Section 11.2 would be deleted, thereby eliminating the requirement that the promoter file with SAC a certificate certifying that the event is being held in an appropriate venue. SAC has determined that obtaining a certificate creates unnecessary paperwork for promoters.
Chapter 13 (relating to bonds and fees)
§ 13.1 (relating to professional boxing bonds and bond filing fees)
Section 13.1 makes editorial changes and adds a new subsection. New § 13.1(a) gives effect to section 1131 of the code (relating to promoters and foreign copromoters required to file bonds), which grants SAC the authority to set the amounts of surety bonds required of a promoter. This section requires a surety bond in the amount of $7,500 for events held at venues with a seating capacity of less than 10,000. If the seating capacity is more than 10,000, the bond is $25,000. New subsection (b) would permit a promoter or foreign copromoter to deposit with SAC cash, a certified check, a letter of credit or direct or indirect obligations of the United States or this Commonwealth in an equivalent amount in lieu of the surety bond amount. This section is added under section 1132 of the code (relating to deposit in lieu of surety bond).
§ 13.2 (relating to ticket tally)
Section 13.2 provides that the schedule of the number of tickets and price range furnished to SAC under section 1111 of the code, be signed by the promoter.
§ 13.3 (relating to additional license fees)
Section 13.3 permits promoters to pay any fees and taxes by money order as well as certified check. Revisions to this section would clarify that failure to remit all fees or taxes within 48 hours will result in SAC claiming a portion of the promoter's bond or any funds previously deposited with SAC.
§ 13.4 (relating to professional boxing license fees)
Section 13.4 increases the manager's license fee from $40 to $60 and deletes the booking agent's license. The booking agent's license is a historical anachronism and is no longer in existence.
§ 13.6 (relating to professional boxing physician fee)
Section 13.6 clarifies the physician fee where the physician is assigned only to conduct the precontest or preexhibition physicals. This fee is set at $100 and is paid by the promoter in accordance with section 704 of the code.
§ 13.7 (relatiing to professional boxing officials fee)
Section 13.7 increases the fees for referees, judges, announcers and timekeepers officiating at events which are televised, either by cable or broadcasted. Referees are paid $50 more while judges, announcers and timekeepers are paid $10 more. SAC determined that increased fees for officials at televised events are appropriate given the added workload involved in these events.
§ 13.8 (relating to return check fee)
Section 13.8 increases the fee from $20 to $50 to reflect increased costs incurred by SAC in processing checks which are not honored.
Subpart B (relating to boxing)
The four chapters comprising Subpart B govern professional boxing, Chapter 21; amateur boxing, Chapter 23; professional kickboxing, Chapter 25 and amateur kickboxing, Chapter 27. All four chapters would be revised and amended.
Chapter 21 (relating to professional boxing)
§ 21.1 (relating to contracts)
Section 21.1 would expand the types of contracts which fall under the jurisdiction of SAC as set forth under the code. The Executive Director, rather than SAC, is given the authority to approve commitments made by a boxer under contract to another manager, provided his manager consents. Additionally, in recognition of SAC's authority under section 1103 of the code (relating to provisions in contracts between managers and professional boxers), SAC proposes to increase from $750 to $1,000 the minimum sum to be guaranteed annually to a boxer under contract with a manager. SAC believes that an increase is warranted because no increase has been made since 1978.
Subsection (c) provides a reference to Chapter 13 of the code (relating to enforcement), while subsection (k) conforms the current regulation to section 1103(b) of the code.
Subsection (m) would be deleted to eliminate the possibility of an implied contract between a promoter and a manager or boxer, or both, when a telegram of acceptance has been filed with SAC before actual execution of a formal contract. SAC believes that a formal contract must be in place in light of problems SAC has had in determining whether valid contracts did in fact exist between these parties. A proposed new subsection (m) would make it clear that a promoter may not attempt to contract for a contest (rather than an exhibition) with a manager or boxer under suspension without the written consent of SAC.
§ 21.2 (relating to weight classes)
Section 21.2 expands the weight classes to include a supermiddleweight weight class. The inclusion of this weight class reflects the current weight class provided for in the boxing profession and helps to ensure the safety of the participants by providing for less of a weight differential within a weight class.
§ 21.3 (relating to ring and ring equipment)
Section 21.3 would be revised to permit dimensions of the boxing ring to be altered with the express written consent of SAC. This change reflects the fact that the size of many boxing venues may require alterations in the ring dimensions. Other provisions are deleted to provide the boxing promoter with added flexibility regarding the ring configuration and to delete excess verbiage. Subsection (b) would be expanded to make it clear that the promoter is responsible for providing chairs for SAC personnel, officials SAC credential holders, and to clarify the requirement that judges' chairs must be elevated sufficiently to insure an unobstructed view of the ring and the ring floor. This subsection will also be amended to incorporate the provisions of section 707 of the code (relating to medical equipment), which require that an ambulance be available, together with emergency equipment, including a portable resuscitator with oxygen and appropriate endotracheal tubes and a qualified operator.
§ 21.4 (relating to conduct of bouts)
Subsection (a) would be amended to reflect section 704 of the code's one-physician requirement and the requirement of three judges, rather than two, as required under section 715 of the code (relating to referee and judges). In accordance with section 105(3) of the code, this section would be amended to make it clear that the Executive Director assigns all officials except announcers. Parts of this regulation are deleted to afford promoters and the SAC some flexibility in stationing SAC personnel and officials at ringside.
Subsection (b) would be expanded to address instances when a boxer is found to be overweight at the time and place of weigh-in for a professional boxing event. Another weigh-in may be scheduled for no more than 3 hours from the time that the boxer first stepped on the scale at the initial weigh-in, to determine whether the boxer has made the contracted-for weight. For safety reasons, and upon advice of SAC's Medical Advisory Board, this proposal limits to 3 pounds the amount of weight the boxer may lose within that 3-hour period. If after 3 hours the boxer cannot make the contracted-for weight, then the boxer is disqualified and is subject to disciplinary action by SAC. To conform to the statutory requirement of a mandatory prebout physical in section 709(a) of the code (relating to medical examinations), the language in the current regulations would be changed from a discretionary physical to a mandatory one. Finally, this subsection would repeal the requirement that a boxer report to his dressing room at least 1 hour prior to the scheduled starting time of the bout; new provisions permit the boxer to report to the dressing room at a time set by SAC.
Subsection (c) makes minor amendments to alter the existing regulation's requirement of a well fitting mouthpiece to require a mouthpiece that is individually fitted. This change is based upon recommendations from SAC's Medical Advisory Board. Subsection (c) also contains proposed additions for equipment to be used by female boxers. SAC initially approved these requirements on December 15, 1997, at the recommendation of SAC's Medical Advisory Board, and directed that the requirements be placed in these proposed amendments on October 25, 1999. The requirement for protective equipment for female boxers is also found in § 21.16(d).
Numerous minor changes are made throughout the chapter inserting the proper statutory reference to the new code or including the requirements found in the code. For example, subsection (e) not only includes the weight requirements for boxing gloves found in section 712(a)(2) of the code (relating to gloves), but also includes the logical deduction based on the weight requirements for boxing gloves in the code that boxers competing against each shall wear gloves of the same weight.
Proposed subsection (h) would be altered to delete a rule prohibiting the main bout of a professional boxing event from starting after 10:15 p.m. unless otherwise authorized by SAC. A similar deletion relates to the length of intermission. These changes are intended to grant the promoter increased flexibility in holding boxing events. Additional proposed changes are made to reflect the authority exercised by the Executive Director. Subsection (h) also contains proposed amendments to the length of time for rounds and the number of rounds for female boxers. SAC initially approved these requirements on December 15, 1997, at the recommendation of SAC's Medical Advisory Board, and directed that the requirements be placed in these proposed amendments on October 25, 1999.
Subsection (i) would require that the promoter notify SAC of a proposed change in the composition of any bout he is promoting rather than a change only in the main bout as required under the existing regulation. This notification ensures the accuracy of SAC records and recognizes SAC's jurisdiction in approving all match-ups. The refund procedures set forth under this subsection are also extensively revised to incorporate the notice and refund provision in section 1113 of the code.
Subsection (j) is deleted to recognize the fact that SAC on a regular basis did grant boxers ages 18 through 20 years approval to engage in longer bouts. Subsection (n) would be amended to provide that if a boxer refuses to continue a bout while physically able to do so, the referee shall rule the bout a technical knock-out (TKO) and award the bout to the opposing boxer.
§ 21.5 (relating to scoring system)
Section 21.5 would be amended to replace the term ''scoring official'' with ''judge.'' Subsection (b) would be amended to track the proposed elimination of the ''standing'' eight-count rule in proposed § 21.16 to permit the referee to further protect the health and safety of a boxer by being able to immediately terminate a bout. Additional proposed changes reflect the role of the Executive Director or his designee in reviewing the scorecards and tallying the points received by each boxer. Under subsection (d), SAC provides special rules for bouts scheduled for more than four rounds, where fewer than four rounds have been fought and a participant has been the victim of any type of accidental foul. In this and following subsections, the prior regulations' ''butt'' rule is expanded to cover all fouls; it is therefore referred to in the amended regulations as a ''foul'' rule. These sections would clarify the procedures to be followed when a boxer receives either an accidental foul or an intentional foul depending on the number of rounds which have been fought. Subsection (e) is applicable when the bout is scheduled for only four rounds.
§ 21.6 (relating to promoters)
Section 21.6 would be revised with minor clarification changes, including a revision to subsection (e), which specifically requires a promoter to pay out all boxing purses immediately after the contest and in any event no later than 24 hours after an event unless otherwise directed by SAC. The current language of subsection (f) regarding a promoter's announcement would be deleted and replaced by a provision that permits the promoter to distribute passes to his staff or other individuals helping in the promotion of the event. The number of passes may not exceed 50, or more than one percent of the total seating capacity where the event is held, whichever is less. The use of promoter passes ensures that promoter personnel are properly identified as such unless otherwise approved by the Commission. This new subsection also makes it clear that promoter passes are not subject to SAC's gross receipts tax. Section 21.6 contains a new proposed subsection (g) requiring promoters to provide female boxers with adequate and separate dressing rooms from male boxers.
§ 21.7 (relating to matchmakers)
Section 21.7 would be revised to repeal the prohibition of matchmakers dealing with unlicensed managers or with managers or boxers whose licenses have been revoked. Matchmakers need to communicate with these individuals in anticipation of them becoming licensed at a future date. Additionally, subsection (d) would be repealed to recognize that more often than not, matchmakers are employed by more than one promoter.
§ 21.8 (relating to boxers)
Section 21.8 would be expanded. Subsection (b) contains minor revisions making it clear that a professional boxer under contract to appear in a bout under SAC's jurisdiction must be currently licensed. Boxers must be examined and certified by a physician appointed by the Executive Director. These proposed changes reflect the provisions of sections 704 and 709 of the code. Subsection (c) would be expanded to make it clear that if a bout in which a professional boxer is under contract has been canceled and no suitable opponent, as determined by SAC, can be located, the boxer is entitled to reasonable expenses as determined by SAC. This additional regulatory language addresses those instances where a bout has been canceled, due to no fault of a boxer, who has nonetheless incurred costs in preparing for and presenting himself at the bout location.
Subsection (d) would be revised to reflect the provisions of section 708 of the code (relating to suspension and revocation for injuries), which require a mandatory suspension of 90 days for a boxer who has been knocked unconscious or has received a concussion. This mandatory suspension can be removed only after the boxer has been pronounced fit following a medical examination by a physician. Additional changes would also reflect the provisions of section 708 of the code, regarding a suspension of up to 30 days for a boxer subject to a technical knockout without head injuries and requiring a boxer who has suffered six consecutive defeats to be investigated and, upon recommendation by the Executive Director, to undergo a medical examination. Finally, this subsection would be expanded to increase the safety of boxers by providing for additional suspension time of a boxer upon the recommendation of the ringside physician or SAC's Medical Advisory Board.
The license requirements in subsection (e) would be expanded to require that an applicant for a boxing license who has never competed in a professional boxing contest must attach to the license application the results of a complete general physical. This subsection's provision against licensing any applicant over 36 years of age except by special action of SAC would be expanded to set forth the detailed medical data which must support a license application filed by an individual. These recommendations are from SAC's Medical Advisory Board.
In subsection (f), the phrase ''properly drafted contract'' could be considered vague, so the language was changed to a contract meeting the requirements of the code and the regulations. Proposed subsection (g) eliminates the maximum of two managers to whom a boxer may be under contract at the same time, but retains the requirement of SAC approval for a boxer to be under contract to more than one manager. This subsection would also reduce the maximum percentage of earnings a boxer may contract to pay to his manager or combination of managers from 50% to 40%. Minor clarifying changes are also made in subsections (j) and (l).
On December 15, 1997, at the recommendation of SAC's Medical Advisory Board, SAC adopted the policy that female boxers could not fight male boxers and developed a policy for female boxers as it now appears in the proposed amendments in subsection (n) and (o). Other changes for female boxers are found in §§ 21.4(c) and (h), 21.6(g), 21.8(m) and 21.16(d). On October 25, 1999, SAC reaffirmed its policy and directed that its policy be placed in the regulations.
§ 21.9 (relating to managers)
Section 21.9 would add minor revisions for clarity purposes in subsections (b), (e) and (h). These proposed changes would clarify SAC's policy regarding contracts entered into by managers licensed in other jurisdictions. These amendments would provide SAC with flexibility in impounding purses for managers licensed by SAC. Subsection (c) would conform the current regulations to section 1103(b) of the code.
§ 21.10 (relating to seconds)
In § 21.10, minor amendments would be made to delete excess verbiage. Changes in subsection (c) would increase the number of seconds for a professional boxer in his ring corner from 3 to 4. The proposed amendments would also delete a prohibition in subsection (d) regarding advertising on clothing worn by seconds. Subsection (g) would be amended to delete a prohibition against seconds coaching or assisting the boxer. Finally, subsection (j) would be expanded to make it clear that a manager, second or other person who engages in inappropriate conduct and receives warnings to that effect may be ejected and that his boxer may have points deducted from his scorecard during the contest.
§ 21.11 (relating to referees)
Section 21.11 would be amended to make it clear that professional boxing referees, while licensed by SAC, are appointed to officiate at a particular contest or exhibition by the Executive Director. The requirement in subsection (b)(1) that the referee be a citizen of this Commonwealth would be deleted in recognition of the international participation and nature of many boxing contests and exhibitions. SAC has determined that the existing requirement in subsection (b)(3) for a referee applicant to be observed and undergo a written and oral examination by a Commissioner and two licensed boxing referees is unnecessary. This subsection would be deleted. Additional clarifying changes would be made in subsections (c) and (d).
The reference in subsection (c)(8) to the Marquis of Queensberry Rules would be deleted as an historical anachronism. The ability of the referee to deduct points at any time during the round would be recognized by revisions to subsection (c)(9). The role of the referee in collecting scorecards and delivering them to the Executive Director or his designee would be clarified under subsection (c)(11). After the inspection of the cards by the Executive Director or his designee, the scorecards are then collected by the announcer or referee, after which the announcer may announce the scoring decisions, in accordance with § 3.4(j). Subsection (c)(12) would be amended to require the referee to ensure that the opponent of a fallen boxer retreats to a neutral corner, rather than to the most distant corner. The language has been problematic when the most distant corner is the corner of the fallen boxer.
§ 21.12 (relating to judges)
Subsection 21.12(a) would provide that boxing judges are appointed by the Executive Director to officiate at each professional boxing contest and reflects the provisions of section 715 of the code requiring three licensed judges at each contest. The requirement in subsection (b)(1) that an applicant for a judging license be a citizen of this Commonwealth would be deleted in recognition of the involvement of the international community in boxing matches within this Commonwealth. A reference in subsection (b)(3) to an applicant for a judge's license undergoing observation and written and oral examinations is not deleted, but these requirements are no longer mandatory. The proposed amendment makes these requirements discretionary on the part of SAC while new proposed subsection (b)(4) would require judges to attend at least one training seminar per year as directed by SAC. Conforming amendments are made in subsection (c) regarding the transmittal of the official scorecard through the referee to the Executive Director or his designee.
§ 21.13 (relating to timekeepers)
Section 21.13 would be amended to reflect the Executive Director's authority to appoint and assign boxing officials to contests and exhibitions. Clarifying amendments would be made to subsection (b) regarding the timekeeper's duties.
§ 21.14 (relating to insurance)
Minor technical changes would be made to § 21.14.
§ 21.15 (relating to State championships)
In § 21.15, a new subsection (h) would be added which references § 21.4(b) and sets forth provisions to govern those instances where a championship fight is scheduled and either the champion or the challenger, or both, do not make the appropriate weight.
§ 21.16 (relating to safety code)
Section 21.16 remains largely intact except for the proposed deletion of excess verbiage and the standing eight-count rule in subsection (h). SAC decided to propose the elimination of the standing eight-count rule to give the referee and ringside physician more flexibility in ensuring the safety of boxers. The mandatory eight-count which is applied when a boxer is knocked down is still in effect at subsection (h) in accordance with section 717 of the code. Subsection (b) would be expanded to specifically add biting as a prohibited, unsportsmanlike practice. The revised subsection (d) contains the requirement for a chest protector for female boxers, as required previously in § 21.4(c). The new subsection (i), would prohibit use of the three knock-down rule in this Commonwealth. SAC believes that requiring an arbitrary number of knockdowns is not appropriate. Prohibiting the rule grants the referee, ring physician or SAC personnel more flexibility when a boxer cannot defend himself in the ring. The new subsection (k) not only tracks the statutory language on repeated knockouts in section 708(d) of the code, but also provides boxers whose licenses are suspended or revoked to be notified by the Commission and be given an opportunity for a hearing before the Commission.
Other proposed clarifications within this section require notification of a suspension in writing and delete a requirement that SAC advise the media of suspensions. The revised subsection (l) would be amended to provide that if a boxer is legally knocked from or falls from the ring, he is allowed 20 seconds, rather than 10 seconds, to return to the ring unassisted.
In the new subsection (n), SAC needs flexibility because many championship bouts are sanctioned by private organizations that may have different rules. SAC is able to maintain this flexibility with other private organizations as provided for in § 9.2.
Chapter 23 (relating to amateur boxing)
§ 23.1 (relating to relations with amateur athletic association)
Section 23.1 makes changes to reflect a new title changing the reference from the Amateur Athletic Union, as set forth originally in the regulation, to the ''Amateur Athletic Association.'' This proposed change reflects the new name of the organization. Conforming changes are made throughout this section.
§ 23.2 (relating to amateur events)
Section 23.2 would also reflect a change in title, this section previously having been titled ''sponsors.'' This proposed change, and other changes in this section, reflect the statutory provisions of section 907 of the code (relating to amateur), which provides that permits for amateur boxing contests or exhibitions are issued only to bona fide recognized amateur athletic associations, nonprofit organizations or other groups or exclusively approved by SAC. The Commission does not charge these groups a fee for a permit to conduct amateur events.
§ 23.4 (relating to boxers)
Section 23.4 would make revisions to recognize SAC's general lack of jurisdiction over amateur events, and section 907 of the code specifies that amateur contests or exhibitions are held in accordance with the rules of the amateur body sanctioning the event. Amateur boxers, however, are subject to SAC's general authority regarding the general safety of participants. The requirement that participants in amateur boxing events conform to the regulations of the Amateur Athletic Association would be retained in this section. This section would retain and clarify SAC's general authority to prevent an amateur boxer from competing when he cannot safely defend himself or if his actions have been deemed detrimental to the sport of boxing in accordance with section 103 of the code (relating to duties of commission).
The age provisions currently set forth in this regulation would be deleted in light of the explicit age restrictions set forth in section 702 of the code. Specific provisions regarding the age of amateur boxers, which reflect the provisions of section 702 of the code, appear in § 23.10.
Subsection (d) provides the Commission with the flexibility to adapt the same rules for amateur boxers as prepared earlier for professional boxers in Chapter 21. This flexibility is necessary in the event that the Amateur Athletic Association makes changes to its rules regarding boxers.
§ 23.5 (relating to seconds)
Numerous deletions are set forth in § 23.5 in deference to the rules regarding seconds as promulgated by the Amateur Athletic Association.
§ 23.6 (relating to referees)
Section 23.6 would be revised to make it clear that referees are appointed by the Amateur Athletic Association but are subject to SAC approval and may be removed by SAC if SAC determines that the referee is not competent. The proposed changes to subsection (b) delete the requirement that an amateur referee be a citizen of this Commonwealth in recognition of the involvement of National and international boxing officials in different events. Commensurate deletions reflect, in large part, SAC's deference to the Amateur Athletic Association with respect to amateur officials.
§§ 23.7 and 23.8 (relating to judges and timekeepers)
Numerous conforming changes to §§ 23.7 and 23.8 would reflect the fact that amateur officials are appointed and governed by the Amateur Athletic Association, subject to general SAC concerns regarding competency and conduct.
§ 23.9 (relating to insurance)
Minor proposed revisions to § 23.9 would make it clear that all participants must be covered by insurance. The premiums for insurance would be paid by the sponsor of the event in accordance with section 1531 of the code (relating to insurance coverage of boxers).
§ 23.10 (relating to safety code)
Section 23.10 would be revised. Under section 907 of the code, amateur events must be held in accordance with the rules and the safety code of the Amateur Athletic Association. These proposed provisions are stricter than those set forth in § 21.16, which relate to professional contests and are applicable as default provisions to amateur contests.
Chapter 25 (relating to professional kickboxing)
§ 25.3 (relating to conduct of bouts)
Only minor changes are proposed to Chapter 25. To reflect changes in the sport, § 25.3 would be revised to reflect the existence of 3-minute rounds rather than 2-minute rounds. Additional proposed changes in this section grant the referee additional flexibility in refereeing the event. Because the three-knockdown rule was eliminated from the proposed boxing regulations, this rule will be eliminated from the kickboxing rules in subsection (e). Likewise, because the standing eight-count rule was deleted from the proposed boxing regulations, it will be deleted from the kickboxing rules at subsection (h).
§ 25.4 (relating to judging and scoring system)
Section 25.4 would be amended to clarify the 10-point scoring system for judges and permit them additional flexibility in scoring.
§ 25.5 (relating to minimum kick requirement)
Section 25.5 would be amended to permit a contestant who does not execute his minimum of eight kicks during each round to have the opportunity to make up the kicks in the next round and not suffer a one-point deduction unless he is unable to do so. Other changes in this section would reflect changes in the minimum kicks-per-round requirement of kickboxing oversight associations.
§ 25.6 (relating to fouls) Section 25.6 would be revised to permit greater flexibility in deducting points for fouls. Subsection (b) would also be revised to parallel regulations pertaining to accidental fouls and intentional fouls in professional boxing contests as set forth in §§ 21.5(d) and (e), respectively.
§ 25.8 (relating to equipment)
Section 25.8 would be amended to require that kickboxing contestants wear an individually fitted mouthpiece as recommended by SAC's Medical Advisory Board. This addition parallels the requirement for professional boxers in § 21.4(c). As an added safety precaution, subsection (c) would require 10-ounce rather than 8-ounce gloves for contestants who weigh over 150 pounds. Previous rules mandated heavier gloves for contestants weighing over 160 pounds.
§ 25.9 (relating to ringside officials)
Section 25.9 would be amended to eliminate the requirement of an assistant scorekeeper and would reflect a minimum fee of $75 to be paid by the promoter to each judge.
Chapter 27 (relating to amateur kickboxing)
§ 27.2 (relating to licensing and age requirements)
Chapter 27 is expanded. Specifically, proposed § 27.2 would substantially expand to reflect the statutory provisions of section 702 of the code (relating to age of participants).
§ 27.3 (relating to conduct of bouts)
Section 27.3 would be expanded to require that amateur contestants wear appropriate shin protectors, thereby increasing the safety of participants. Additionally, a new subsection (c) sets forth a maximum of three 2-minute rounds.
Subpart C (relating to wrestling)
Subpart C would set forth two chapters dealing with professional wrestling and amateur wrestling found at Chapters 31 and 33 respectively. Because the new code provisions substantially alter SAC's jurisdiction relating to professional wrestling, Chapter 31 would be deleted and replaced in its entirety by a new proposal. The regulations found in Chapter 33 would also be deleted in their entirety, but would not be replaced because adequate regulation is provided by the Amateur Athletic Association.
Chapter 31 (relating to professional wrestling)
Chapter 31 would be deleted in its entirety and replaced with new proposed provisions in §§ 31.21--31.24. These proposed provisions reflect the enactment of 5 Pa.C.S. 1901--2110 (relating to the Wrestling Act) which is part of the code. The Wrestling Act effectively removed professional wrestling contests and exhibitions from the jurisdiction of SAC except promoters' obligations as follows: to obtain a license and a bond; to remit gross receipts taxes; to ensure that a physician is in attendance and an ambulance is available; and to ensure that the crowd is adequately controlled.
§ 31.21 (relating to conduct of bouts)
The proposed new amendments would mirror current provisions of the Wrestling Act. Section 31.21(a)(1) would reflect the statutory provisions of section 2104 of the code (relating to physician to be in attendance), requiring a physician to be present at every wrestling contest or exhibition and the promoter to pay the physician's fee. Subsection (a)(2), reflecting the statutory provisions of section 2105 of the code (relating to ambulance available), would require an ambulance or paramedical unit to be present at the event or located within 5 miles of the arena, and the promoter to notify the unit to be on call. Finally subsection (a)(3) would reflect the statutory provisions of section 2106 of the code (relating to crowd control), which requires the promoter to maintain control of the crowd at the events and ensure that adequate security personnel are in attendance. Subsection (b) would reflect the statutory provisions of section 2107 of the code (relating to prohibited acts), enumerating acts prohibited by arena owners or operators, wrestlers and promoters.
§ 31.22 (relating to promoters)
Section 31.22 would similarly incorporate statutory provisions of the Wrestling Act. Specifically, subsection (a) would detail the requirement that promoters be licensed and would reflect the licensing provisions of section 2101 of the code (relating to promoter's license). Subsection (b) would set forth the wrestling promoter bonding requirements and would reflect the statutory provisions of section 2102 of the code (relating to promoter's bonding requirements). Subsection (c) would reflect the statutory requirements of section 2101(d) of the code, which requires a wrestling promoter to notify SAC at least 10 days before the scheduled date of any professional wrestling contest or exhibition. Similarly, subsections (d) and (e) would reflect the statutory provisions of sections 2101(e) and 2107(c)(2) of the code, respectively, suspending a promoters' license and prohibiting employment of a wrestler under 18 years of age.
§ 31.23 (relating to enforcement)
New § 31.23 would reflect the statutory provisions of section 2108 of the code (relating to enforcement). Accordingly, this section would set forth the ability of the Executive Director to assign an inspector to monitor a professional wrestling event or exhibition and would establish the fee paid by promoters for the attendance of an inspector at $100.
§ 31.24 (relating to gross receipts taxes)
Finally, § 31.24 would reflect the statutory provisions of section 2103 of the code (relating to gross receipts taxes). Accordingly, this section would reflect the imposition of the 5% tax on the face value of all tickets. The tax must be paid within 10 days after the contest or exhibition, subject to a late fee of $100.
Chapter 33 (relating to amateur wrestling)
Chapter 33 is proposed to be deleted in its entirety because SAC recognizes that the Amateur Athletic Association has jurisdiction over amateur wrestling contests and exhibitions. Because adequate regulations exist through the Amateur Athletic Association, SAC determined that it would be redundant to promulgate additional regulations. SAC would retain the authority to promulgate regulations regarding amateur wrestling contests in accordance with section 103 of the code. It should be noted, however, that most amateur events are conducted by the universities, colleges or secondary schools and are not subject to SAC regulation under section 106 of the code.
Statutory Authority
SAC's authority to promulgate regulations is set forth in the code. In particular, section 103(b) of the code authorizes SAC to establish policy and promulgate rules and regulations necessary to carry out the provisions of the code.
Fiscal Impact
Individuals licensed by SAC will be impacted to some degree by the proposed extensive revisions to the regulations administered by SAC. Other impacts are set forth in the costs and benefits section set forth in the following paragraphs.
Costs and Benefits
Licensees will benefit when the regulations are updated to reflect current provisions of the code by reducing the potential for confusion to their obligations. The safety of participants is increased by providing for heavier gloves, eliminating the standing eight-count and three-knockdown rule and requiring individually fitted mouthpieces. These provisions for each class of licensees are set forth in more detail in the following paragraphs.
Promoters
Many provisions are streamlined to afford promoters greater flexibility in conducting events, resulting in indirect savings. Promoters will incur additional costs due to increased fees paid to referees, judges, announcers and timekeepers officiating at televised events. Referees are paid $50 per event more while judges, announcers and timekeepers are paid $10 more. These increases in fees may be offset because promoters' profits are generally higher for televised events.
Managers
Managers' costs will increase because the manager license fee is raised from $40 to $60. The proposed amendments would also increase from $750 to $1,000, the minimum sum to be guaranteed annually to a boxer under contract with a manager and would decrease the percentage of his earnings which a boxer must pay his management under a contract.
Referees
Under § 13.7, referees will be paid $50 more for officiating at televised events. Other benefits to referees will accrue from changes in scoring and the elimination of barriers to entry as a referee.
Judges, Announcers and Timekeepers
Under § 13.7, judges, announcers and timekeepers will be paid $10 more for officiating at televised events. Other benefits to judges, announcers and timekeepers will accrue from changes in scoring and the elimination of barriers to entry as a judge, announcer or timekeeper.
Boxers
Boxers will benefit from the proposed regulations directly because the minimum sum guaranteed to a boxer under contract with a manager will be increased from $750 to $1,000. Other benefits relate to clarifications of the procedures when a boxer has not made the contracted for weight at weigh-in; requiring an individually fitted mouthpiece, resulting in safety improvements, and other improvements in the safety code. They will also benefit through a clarification of the scoring of accidental and intentional fouls. Proposed changes also benefit boxers by expressively providing for expenses to a boxer when a bout has been canceled. Also, the maximum percentage of earnings a boxer would be obligated to pay his managers under contract would be reduced from 50% to 40%.
Matchmakers
Matchmakers will benefit from the revisions which would permit matchmakers to deal with unlicensed managers or boxers, allowing them to more effectively plan for future bouts.
Kickboxing Licensees
Similar changes, tracking the changes set forth previously, will be made in Chapter 25. These include clarifying the scoring system; permitting greater flexibility in deducting points for fouls; requiring an individually fitted mouthpiece and providing for heavier gloves. Judges will also benefit from the fees being increased. Other changes which will benefit amateur kickboxers are set forth in Chapter 27 of the proposed amendments and include age requirements, the wearing of shin protectors and setting forth a maximum of three 2-minute rounds.
Paperwork Requirements
Paperwork requirements will not be substantially altered as a result of the proposed amendments. Minor changes will have to be made to forms used by SAC.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 12, 2000, SAC submitted a copy of this proposed regulation to IRRC and to the Chairpersons of the House State Government Committee and the Senate State Government Committee. In addition to submitting the proposed amendments, SAC has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the SAC in conformance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify SAC within 10 days after the close of the Committees' review period, specifying the regulatory review criteria that have not been met. The Regulatory Review Act sets forth procedures for review, prior to final publication of the amendments, by SAC, the General Assembly and the Governor of objections raised.
Sunset Review
SAC, through its regularly scheduled meetings, constantly reviews and entertains suggestions for proposed amendments.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections to Gregory Sirb, Executive Director, State Athletic Commission, 116 Pine Street, Harrisburg, PA 17101. Cmments, suggestions or objections must be received within 30 days following publication of this notice of proposed rulemaking in the Pennsylvania Bulletin.
CHARLES BEDNARIK,
ChairpersonFiscal Note: 16-17. No fiscal impact; (8) recommends adoption.
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