72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 604
Senate Bill 178
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for the Department of State Police)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies definition of extreme fighting. Requires persons
involved in certain types of amateur boxing and wrestling to be
licensed by Oregon State Boxing and Wrestling Commission.
A BILL FOR AN ACT
Relating to extreme fighting regulated by the Oregon State Boxing
and Wrestling Commission; amending ORS 463.015, 463.025,
463.113 and 463.210.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 463.015 is amended to read:
463.015. As used in this chapter:
(1) 'Boxing' means a contest other than as described in
subsection (6) of this section between contestants who fight with
their fists protected by gloves or mittens fashioned of leather
or similar material, the duration of which is limited to a stated
number of rounds separated by rest periods of equal duration, and
includes kickboxing, a form of boxing in which blows are
delivered with any part of the arm below the shoulder, including
the hand, and any part of the leg below the hip, including the
foot.
(2) 'Cable system operator' means a person or group of persons
who:
(a) Provides cable service over a cable system and directly or
through one or more affiliates owns a significant interest in the
cable system; or
(b) Controls or is responsible for, through an arrangement, the
management and operation of the cable system.
(3) 'Commission' means the Oregon State Boxing and Wrestling
Commission.
(4) 'Department' means the Department of State Police.
(5) 'Exhibition' means a demonstration of boxing or wrestling
skills.
(6) 'Extreme fighting' means { - a no-holds-barred - }
{ + an amateur or professional + } match, competition or
exhibition that combines
{ - elements of boxing, wrestling or martial arts - }
{ + grappling or submission holds, striking with any part of the
arm below the shoulder, including the hand, or striking with any
part of the leg below the hip, including the foot, + } without a
system of rules approved by the Oregon State Boxing and Wrestling
Commission { + , or other similar type of match, competition or
exhibition designated as extreme fighting by the commission by
rule + }.
(7) 'Judge' means a person licensed by the Superintendent of
State Police who is at ringside during a boxing or wrestling
match and who has the responsibility of scoring the performance
of the participants in the match.
(8) 'Manager' means a person licensed by the superintendent who
does any of the following:
(a) By contract or agreement undertakes to represent the
interests of any professional boxer or wrestler in procuring or
arranging the conduct of any professional boxing or wrestling
match in which the boxer or wrestler is a participant as a
contestant.
(b) Receives or is entitled to receive more than 10 percent of
the gross purse of any professional boxer or wrestler for any
services related to such boxer's or wrestler's participation in a
professional boxing contest.
(c) Is an officer, director or stockholder of any corporation
which receives or is entitled to receive more than 10 percent of
the gross purse of any professional boxer or wrestler for any
services relating to such boxer's or wrestler's participation in
a professional boxing or wrestling contest.
(d) Directs or controls the professional boxing activities of
any professional boxer or wrestler.
(e) Attends the professional boxer or wrestler at ringside or
purports to be the professional boxer's or wrestler's manager.
(9) 'Matchmaker' means a person licensed or issued a permit by
the superintendent who is employed by or associated with a
promoter in the capacity of booking and arranging boxing or
wrestling matches between opponents and for whose activities in
this regard the promoter is legally responsible.
(10) 'Pay-per-view' means a closed circuit telecast, regardless
of the delivery system used, that is not intended to be available
for viewing without the payment of a fee, whether collected or
based on each event viewed, for the privilege of viewing the
telecast.
(11) 'Person' includes an individual, association, partnership
or corporation.
(12) 'Professional boxer or wrestler' means a person licensed
by the superintendent who competes for a money prize, purse or
compensation in a boxing or wrestling contest, exhibition or
match held within this state.
(13) 'Promoter' means a corporation, partnership, association,
individual or other organization licensed by the superintendent
who arranges, gives, holds or conducts a boxing or wrestling
contest, match or exhibition in this state and who is legally
responsible for the lawful conduct of such boxing or wrestling
contest, match or exhibition. 'Promoter' includes:
(a) A person who holds distribution rights to a closed circuit
telecast of a boxing or wrestling event that occurs within or
outside this state and who sells the rights to a cable system
operator in this state.
(b) A person who holds the distribution rights to a
pay-per-view telecast of a boxing or wrestling event that occurs
within or outside this state and who sells the ability to receive
the telecast to a person who charges an admission for the right
to view the telecast in this state.
(c) A person who holds distribution rights to a closed circuit
telecast of a boxing or wrestling event that occurs within this
state and who sells the rights to another for broadcast within or
outside this state. 'Promoter' does not include a cable system
operator.
(14) 'Superintendent' means the Superintendent of State Police.
(15) 'Wrestling' includes any form of fighting other than as
described in subsections (1) and (6) of this section, between
contestants in which the contestants deliver blows to an
opponent's body or apply holds to the opponent's body with the
intent to punish, immobilize or throw the opponent, with the
possible effect of rendering the opponent unable to continue the
contest.
SECTION 2. ORS 463.025 is amended to read:
463.025. (1) { + (a) + } { - No - } { + A + } person
{ - shall - } { + may not + } act as a professional boxer or
wrestler, manager of a professional boxer or wrestler, referee,
judge, second, timekeeper, matchmaker, ticket taker, security
officer or box office employee until the person
{ - has been - } { + is + } licensed pursuant to this
chapter. { +
(b) A person may not act as a referee, judge, second,
timekeeper, matchmaker, ticket taker, security officer or box
office employee of amateur boxing or wrestling matches,
competitions or exhibitions until the person is licensed as
required by this section unless the person is exempted from
licensing and bonding requirements by ORS 463.210. + }
(2) The person employing a matchmaker, ticket taker, security
officer or box office employee may apply for a permit covering
all such employees in lieu of their obtaining individual
licenses. However, the same standards apply to such employees
operating under a permit as would apply if the employees were
licensed.
(3) The application for a license or permit shall be made upon
a form furnished by the Superintendent of State Police and shall
be accompanied by an annual license or permit fee as determined
by the superintendent.
(4) Each person licensed or issued a permit under this section
shall keep the license or copy of the permit in the person's
personal possession and shall present the license or copy of the
permit upon request to promoters and representatives of the
superintendent, including members of the Oregon State Boxing and
Wrestling Commission, as evidence of eligibility to act or
perform in the person's licensed or permitted capacities in
connection with boxing or wrestling contests, matches or
exhibitions.
SECTION 3. ORS 463.113 is amended to read:
463.113. (1) There is created in the Department of State Police
the Oregon State Boxing and Wrestling Commission which shall
regulate all professional { + and amateur + } boxing and
wrestling matches and exhibitions within the boundaries of the
State of Oregon { + not exempted from licensing and bonding
requirements by ORS 463.210 + }. The commission shall recommend,
and the Superintendent of State Police shall adopt without
change, rules for the conduct of professional { + and
amateur + } boxing and wrestling { + not exempted from licensing
and bonding requirements by + } { + ORS 463.210 + } that promote
the safety and best interest of the contestants and of the
public.
(2) The superintendent has the following powers:
(a) To enforce rules for the conduct of professional { + and
amateur + } boxing and wrestling { - that promote - }
{ + matches, competitions and exhibitions, except those exempted
from licensing and bonding requirements by ORS 463.210, for the
purposes of promoting + } the safety and best interest of the
contestants and of the public.
(b) To license and regulate participants and officials for all
professional boxing and wrestling matches and exhibitions in this
state.
{ + (c) To license and regulate participants and officials
for all amateur boxing and wrestling matches, competitions and
exhibitions in this state except those exempted from licensing
and bonding requirements by ORS 463.210. + }
{ - (c) - } { + (d) + } To establish and utilize the most
efficient methods available for compiling boxing results and
record keeping and for communication of results and records.
{ - (d) - } { + (e) + } Upon request, to make results of
every boxing and wrestling event within its jurisdiction, and
records of any contestant who participates in events within its
jurisdiction, available to state agencies of another state
charged with regulatory authority over boxing and wrestling
events in that state, to record keeping organizations and to
other interested persons and to receive and give effect to the
regulatory orders of any agency of another state charged with
regulatory authority over boxing and wrestling events in that
state.
(3) The superintendent may temporarily suspend, without prior
notice or hearing, any license issued pursuant to this chapter
until final determination by the superintendent, if, in the
judgment of the superintendent, the action is necessary to
protect the public interest or the health or safety of boxing and
wrestling participants. If no hearing is held prior to the
suspension, the suspended licensee may apply to the
superintendent for a hearing to determine if the suspension
should be modified, set aside or continued. The application for a
hearing shall be in writing and must be received by the
superintendent within 30 days after the date of suspension. The
superintendent shall set the matter for hearing within 30 days
after receipt of the written request of the suspended licensee.
(4) Whenever any promoter fails to make a report of any contest
or event within the period prescribed by this chapter, or
whenever such report is unsatisfactory, the superintendent or a
designee of the superintendent may examine, or cause to be
examined, the books and records of the promoter and any other
persons or organizations, and subpoena and examine under oath
such persons for the purpose of determining the total amount of
the gross receipts for any contest or event and the amount of tax
due pursuant to this chapter. The superintendent may fix and
determine the tax as a result of the examination described in
this subsection.
(5) The superintendent may delegate to the Oregon State Boxing
and Wrestling Commission any of the powers described in
subsection (2) of this section.
(6) The superintendent by rule may require a cable system
operator to report within 10 days following a boxing or wrestling
event the number of orders for a closed circuit telecast of the
event that the operator sold to its customers in this state and
the face value of those orders.
SECTION 4. ORS 463.210 is amended to read:
463.210. (1) The promoting, conducting or maintaining of boxing
and wrestling matches, contests or exhibitions when conducted by
educational institutions, Oregon National Guard Units,
{ - United States Amateur Boxing Federation - } { + United
States Amateur Boxing, Inc., + } or any other amateur athletic
{ - organizations - } { + organization + } duly recognized by
the Oregon State Boxing and Wrestling Commission { - shall
be - } { + is + } exempt from the licensing and bonding
provisions of this chapter if none of the participants in the
contests or exhibitions receives a monetary remuneration, purse
or prize for performance or services therein.
(2) The licensing and bonding provisions of this chapter do not
apply to:
(a) Any nonprofit amateur athletic associations organized under
the laws of this state, including their affiliated membership
clubs throughout the state which have been recognized by the
commission.
(b) Any contests, matches or exhibitions between students of
educational institutions which are conducted by a college, school
or university as part of the institution's athletic program.
(c) Contests, matches or exhibitions between members of any
troop, battery, company or units of the Oregon National Guard.
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