Chapter 585
AN ACT
SB 492
Relating to athletic activities regulated by the Superintendent of
State Police; creating new provisions; amending ORS 166.715, 463.015, 463.018,
463.025, 463.035, 463.037, 463.113, 463.125, 463.145, 463.155, 463.165,
463.175, 463.185, 463.195, 463.200, 463.210, 463.310, 463.320, 463.330,
463.360, 463.370 and 463.500; repealing ORS 463.023 and 463.135; and declaring
an emergency.
Be It Enacted by the People of
the State of
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 (7) 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]. “Boxing”
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
[(4) “Department” means the Department of State Police.]
[(5)] (2) “Entertainment wrestling” means a noncompetitive
performance in which the participants deliver blows or apply holds with no
intent to punish or immobilize an opponent. Entertainment wrestling is
distinguished from boxing, [extreme
fighting and] mixed martial arts or other wrestling by the fact that
the outcome of the performance is predetermined.
(3) “Event” means a
boxing, mixed martial arts or entertainment wrestling match, contest,
exhibition or performance.
[(6)] (4) “Exhibition” means a demonstration of boxing or [wrestling skills] mixed martial arts
skills, the results of which are not counted towards the official record of the
competitors.
[(7) “Extreme fighting” means a no-holds-barred match, competition or
exhibition that combines elements of boxing, wrestling or martial arts without
a system of rules approved by the
[(8)] (5) “Judge” means a person licensed by the
Superintendent of State Police who is at ringside during a boxing or [wrestling] mixed martial arts [match] event and who has the
responsibility of scoring the performance of the participants in the [match] event.
[(9)] (6) “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]
mixed martial arts competitor in procuring or arranging the conduct of
any [professional] boxing or [wrestling match] mixed martial arts
event in which the professional boxer or [wrestler] mixed martial arts competitor is a participant [as a contestant].
(b) Receives or is
entitled to receive more than 10 percent of the contracted portion of the
gross purse of any professional boxer or [wrestler]
mixed martial arts competitor for any services related to [such] the boxer’s or [wrestler’s] mixed martial arts
competitor’s participation in a [professional]
boxing or mixed martial arts [contest]
event.
(c) Is an officer,
director or stockholder of any corporation which receives or is entitled to
receive more than 10 percent of the contracted portion of the
gross purse of any professional boxer or [wrestler]
mixed martial arts competitor for any services relating to [such] the boxer’s or [wrestler’s] mixed martial arts
competitor’s participation in a [professional]
boxing or [wrestling] mixed
martial arts [contest] event.
(d) Directs or controls
the professional [boxing] activities
of any professional boxer or [wrestler]
mixed martial arts competitor.
(e) Attends the
professional boxer or [wrestler] mixed
martial arts competitor at ringside or purports to be the [professional boxer’s or wrestler’s manager]
manager of a professional boxer or mixed martial arts competitor.
[(10)] (7) “Matchmaker” means a person licensed [or issued a permit] by the
Superintendent of State Police who is employed by or associated with a
promoter in the capacity of booking and arranging boxing or [wrestling matches] mixed martial arts
events between opponents and for whose activities in this regard the
promoter is legally responsible.
[(11) “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.]
(8) “Mixed martial
arts” means a combative sporting contest, the rules of which allow two mixed
martial arts competitors to attempt to achieve dominance over one another by
utilizing a variety of techniques including, but not limited to, striking,
grappling and the application of submission holds. “Mixed martial arts” does
not include martial arts such as tae kwon do, karate, kempo karate, kenpo
karate, judo, sumo, jujitsu, Brazilian jujitsu, submission wrestling and kung
fu.
(9) “Official” means an
individual authorized by the
[(12)] (10) “Person” includes an individual, association,
partnership or corporation.
[(13)] (11) “Professional boxer or [wrestler] mixed martial arts competitor” means [a person] an individual licensed
by the superintendent who competes for or has competed for a money
prize, purse or compensation in a boxing event or [wrestling contest, exhibition or match held within this state.]
has competed in a professional or amateur mixed martial arts event.
[(14)] (12) “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], mixed martial arts
or [an] entertainment wrestling [performance] event in this state
and who is legally responsible for the lawful conduct of [such] the boxing [or
wrestling contest, match or exhibition], mixed martial arts
or entertainment wrestling [performance]
event. [“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.]
[(15) “Superintendent” means the Superintendent of State Police.]
[(16) “Wrestling” includes any form of fighting other than as described
in subsections (1), (5) and (7) 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 463.018 is amended to read:
463.018. [(1)] The Legislative Assembly finds that
the boxing [and wrestling industry],
mixed martial arts and entertainment wrestling industries in this state
should be regulated in order to protect the best interests of both contestants
and the public.
[(2) The Legislative Assembly further finds that:]
[(a) The entertainment spectacle commonly known as extreme fighting is a
violent exhibition that is excessively and unacceptably dangerous to the
participants and is promoted and advertised to that end;]
[(b) Extreme fighting lacks appropriate restrictions on dangerous blows
or life-threatening maneuvers, and the matching of participants with
incompatible styles of fighting makes it impossible for the state to regulate
extreme fighting in a way that can reasonably protect the safety of the
participants; and]
[(c) It is therefore an appropriate exercise of the authority of the
State of
SECTION 3. ORS 463.025 is amended to read:
463.025. (1) [No] A person [shall] may not act as a
professional boxer or [wrestler]
mixed martial arts competitor, manager of a professional boxer or [wrestler] mixed martial arts
competitor, referee, judge, second, timekeeper[, matchmaker, ticket taker, security officer or box office employee]
or matchmaker until the person has been licensed pursuant to this
chapter.
[(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)] (2) [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] established
by the superintendent by rule.
[(4)] (3) 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] Athletic
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] mixed martial arts events.
(4) A person under 18
years of age may not be issued a license to act as a mixed martial arts
competitor.
SECTION 4. ORS 463.035 is amended to read:
463.035. (1) [No] A person [shall] may not act as a promoter
of boxing, [wrestling] mixed
martial arts or entertainment wrestling until the person has been licensed
pursuant to this chapter.
(2) [The] Application for a promoter’s
license shall be made upon a form furnished by the Superintendent of State
Police and [shall] must be
accompanied by [an annual license fee in
an amount to be determined] payment of the application fee established
by the superintendent by rule.
(3) Before a license is
issued to any promoter of boxing, [wrestling]
mixed martial arts or entertainment wrestling, the applicant for [such license] licensure must:
(a) Pay the annual
license fee established by the superintendent by rule; and
(b) File with the superintendent a corporate
surety bond issued by a company authorized to do business in this state drawn
in an amount acceptable to the superintendent and the release of which is
conditioned upon [the occurrence of the
following]:
[(a)] (A) Timely payment of all
taxes and civil penalties due the state or its political subdivisions[.];
[(b)] (B) Payment to the state or a political subdivision
thereof which establishes liability against a promoter for damages, penalties
or expenses arising from promotional activity[.];
[(c)] (C) Payment of the purses of
the competitors[.];
[(d)] (D) Payment of reimbursement
to the superintendent of the cost of approval of an event canceled by the
promoter without good cause[.];
and
[(e)] (E) Payment of compensation to
inspectors, referees, timekeepers, judges and event [physicians] medical personnel.
(4) In addition to
the requirements specified in subsection (3) of this section, prior to being
issued a license to promote entertainment wrestling, an applicant must provide
an affidavit to the superintendent stating that the health and safety of the
participants is the responsibility of the promoter.
[(4)] (5) If the circumstances of
an event to be promoted so require, the superintendent may increase the [face] required amount of the
corporate surety bond previously filed with the superintendent in compliance
with this section.
[(5)] (6) The superintendent may
accept a cash deposit or the assignment of a savings account in lieu of the
corporate surety bond required by this section.
[(6) The following persons must possess a promoter’s license issued
pursuant to this chapter:]
[(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.]
SECTION 5. ORS 463.037 is amended to read:
463.037. [No] A boxing match [shall] may not take place in this
state unless the following Oregon State [Boxing
and Wrestling] Athletic Commission representatives are in
attendance:
(1) One commissioner or
designated representative to oversee conduct of the match;
(2) [Licensed judges and referees;] Officials
assigned by the commission; and
(3) [A licensed physician designated] Medical
personnel assigned by the commission. [; and]
[(4) An inspector appointed by the commission.]
SECTION 6. 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] Athletic
Commission, which shall regulate the promotion of all professional
boxing [and wrestling], mixed
martial arts [matches and exhibitions]
and entertainment wrestling [performances
within the boundaries of the State of Oregon] events in this state.
The commission shall [recommend, and the
Superintendent of State Police shall adopt without change,] adopt
rules for [the conduct of] conducting
professional boxing and [wrestling] mixed
martial arts events that promote the safety and best interest of the
contestants and of the public.
(2) The Superintendent [has the following powers] of State
Police shall:
(a) [To] Adopt and enforce rules for [the conduct of] conducting
professional boxing and [wrestling] mixed
martial arts events that promote 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] professional and amateur mixed
martial arts events in this state.
(c) [To] Establish and utilize the most
efficient methods available for compiling boxing and mixed martial arts event
results and record keeping and for communication of results and records.
(d) Make available
upon request[, to make] the
records of every participant in and the 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] mixed martial
arts event subject to regulation under this chapter.
(e) The provisions of
this subsection do not apply to entertainment wrestling.
(3)[(a)] If, in the judgment of the superintendent, it is necessary
to protect the public interest or the health or safety of boxing, mixed martial
arts or entertainment wrestling participants, the superintendent may
temporarily suspend, without prior notice or hearing, any license issued pursuant
to this chapter until a final determination is made 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] of the date of suspension. The superintendent shall
set the matter for hearing within 30 days [after]
of receipt of the written request of the suspended licensee.
[(b) Notwithstanding the grounds for suspension of a license under
paragraph (a) of this subsection, the license of a promoter of an entertainment
wrestling performance may be suspended only if the licensee fails to provide to
the superintendent, at least 10 days prior to the performance, an affidavit
that certifies that all participants who are going to participate in the
entertainment wrestling performance are free from blood borne pathogens.]
(4) Whenever any
promoter fails to make a report of any [contest
or] event within the period prescribed by this chapter, or whenever [such] a required 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
SECTION 7. ORS 463.125 is amended to read:
463.125. (1) The Oregon
State [Boxing and Wrestling] Athletic
Commission shall consist of five members appointed by the Superintendent of
State Police for terms of four years. [Except
as described in subsection (10) of this section, no member shall be eligible to]
A member may not serve more than two terms. Membership shall represent
distinct geographic areas. The
(2) The chairperson and
vice chairperson shall be elected from among the members at the first meeting
of each calendar year or when a vacancy exists.
(3) [A full-time or part-time] An administrator shall be appointed by the
superintendent using the State Personnel Relations Law to establish suitable
qualifications and compensation. The administrator shall be required to
demonstrate adequate knowledge and experience related to boxing and [wrestling] mixed martial arts.
(4) The superintendent
may employ other personnel as necessary.
[(5) One of the appointed commissioners shall be a physician, duly
licensed to practice in this state.]
[(6)] (5) The commission may meet
once a month at a time and place agreed upon. Special additional meetings may
be called by the administrator or at the request of one or more members of the
commission.
[(7)] (6) Three members of the commission shall constitute a
quorum.
[(8)] (7) Three votes shall constitute a majority.
[(9)] (8) [Nonsalaried]
Members of the commission and representatives of the commission shall be paid
per diem and travel expenses as designated under ORS 292.495 when conducting
the business of the commission.
[(10) Notwithstanding subsection (1) of this
section, with the approval of the superintendent, a physician member of the
commission may serve more than two consecutive terms as a commission member.]
SECTION 8. Sections 9 and 11 of this 2007 Act are added
to and made a part of ORS chapter 463.
SECTION 9. (1) There is established an
(2) The term of office
of each committee member is four years, but committee members serve at the
pleasure of the superintendent. A committee member may not serve more than two
consecutive terms, except that a committee member serves until a successor is
appointed and qualified. If there is a vacancy for any cause, the
superintendent shall make an appointment to become immediately effective for
the unexpired term.
(3) A committee member
is entitled to the same compensation and expenses provided for members of the
(4) A majority of the
members of the committee constitutes a quorum for the transaction of business.
(5) The committee shall
gather, assess and update, when necessary, medical data for the purpose of
recommending to the commission:
(a) Fitness criteria for
contestants to be applied in prefight medical examinations;
(b) Medical procedures
and substances allowed for use by seconds in a contestant’s corner;
(c) Emergency procedures
for ring injuries;
(d) Post-fight
examination and treatment procedures; and
(e) Safety equipment
required to promote the best interests of the contestants.
(6) The committee shall
periodically present to the commission the proposed safety and medical
procedures developed under subsection (5) of this section for discussion and
consideration for adoption.
(7) The committee shall
identify and nominate for approval by the commission a sufficient number of
qualified licensed physicians to serve as ringside physicians for boxing and
mixed martial arts events held throughout this state.
(8) A member of the
committee who has been nominated by the committee and approved by the
commission may serve as a ringside physician.
SECTION 10. Notwithstanding the term of office
specified under section 9 of this 2007 Act, of the members first appointed to
the Oregon State Athletic Commission Medical Advisory Committee:
(1) One shall serve for
a term ending July 1, 2009.
(2) Two shall serve for
a term ending July 1, 2010.
(3) Two shall serve for
a term ending July 1, 2011.
SECTION 11. (1) The
(2) Prior to the commencement
of any boxing or mixed martial arts event held in this state, the medical
personnel assigned to the event shall certify that each contestant is medically
qualified to participate in the event. In determining whether to issue or
withhold the required certification, the assigned medical personnel shall
consider:
(a) The results of a
prefight medical examination conducted by physicians approved by the
commission; and
(b) The recent ring
record of the contestant seeking certification.
(3) When certification
under this section is withheld from a contestant, the commission shall
immediately notify the promoter or a representative of the promoter and any
event involving the medically unqualified contestant shall be canceled.
SECTION 12. ORS 463.145 is amended to read:
463.145. (1) [No] A member of the
(2) [No] A member of the commission [shall] may not have any financial
interest or investment in any boxing, [wrestling]
mixed martial arts or entertainment wrestling event or promotion or
any person or promoter involved in a boxing, [wrestling] mixed martial arts or entertainment wrestling event
or promotion.
(3) [No] An
official, judge, referee, inspector, timekeeper or other employee or
representative of the commission [shall]
may not:
(a) Have any financial
interest or investment in [any] a
professional boxer [or wrestler] or mixed martial arts competitor or an
entertainment wrestler, nor in any person or promoter involved in promotion of a
boxing, [wrestling] mixed martial arts
or entertainment wrestling [cards]
event, nor in any individual promotion of [said cards] an event.
(b) Be an officer in a
national or international sanctioning organization.
(4) The Superintendent
of State Police [shall] may
not have any financial interest or investment in:
(a) Any professional
boxer [or wrestler], mixed martial
arts competitor or entertainment wrestler.
(b) Any boxing, [wrestling] mixed martial arts or
entertainment wrestling event or promotion or any person or promoter
involved in a boxing, [wrestling]
mixed martial arts or entertainment wrestling event or promotion.
(5) Notwithstanding
subsection (3) of this section and ORS 244.040, an official may be compensated
by a promoter for services performed in relation to an event authorized under
this chapter.
SECTION 13. ORS 463.155 is amended to read:
463.155. (1) The
(a) Oversee ticket sales
to the event; and
(b) Count and report the
total ticket sales and the gross receipts from the total ticket sales to the
commission within 72 hours after the conclusion of the event.
(2) The [designated] inspector for a boxing [or wrestling match or an], mixed
martial arts or entertainment wrestling [performance] event shall verify the accuracy of the promoter’s
account and the amount of the taxed gross receipts for any [match, exhibition or performance]
event to which [said] the
inspector is assigned by the commission.
(3) An appointed
inspector may be designated by the commission to act as a representative of the
commission in [the] overseeing [of] the conduct of a boxing or [wrestling match] mixed martial arts
event.
SECTION 14. ORS 463.165 is amended to read:
463.165. (1) The
Superintendent of State Police shall license referees, judges and timekeepers
who shall be assigned to officiate at boxing [matches] and mixed martial arts events held in this state.
Licensed referees, judges and timekeepers shall be paid by the superintendent
at rates the superintendent considers reasonable.
(2) The Oregon State [Boxing and Wrestling] Athletic
Commission shall recommend, and the superintendent shall adopt without change,
reasonable qualifications for [applicants
seeking licenses] licensure as a promoter, manager, matchmaker,
professional boxer [or wrestler],
professional or amateur mixed martial arts competitor, judge, referee, second
or timekeeper.
(3) [After investigation and hearing,] The superintendent [shall]
may deny an application for a license when the applicant has failed to
meet the established qualifications or has violated any provisions of this
chapter or any rule adopted pursuant to this chapter.
SECTION 15. ORS 463.175 is amended to read:
463.175. Nothing in this
chapter prevents any county or city from objecting to the holding of, or
participating in, any [contest, match or
exhibition] boxing, mixed martial arts or entertainment wrestling event.
Any objection must be filed in writing with the
SECTION 16. ORS 463.185 is amended to read:
463.185. (1) The
Superintendent of State Police shall have the sole jurisdiction and authority
to enforce the provisions of this chapter. The superintendent or the designee
of the superintendent [shall] may
investigate any allegations of activity [which]
that may violate the provisions of this chapter.
(2) The superintendent
or the designee of the superintendent is authorized to enter at reasonable
times and without advance notice, any place of business or establishment where
activity alleged to be in violation of this chapter may occur.
(3) The superintendent[, upon
recommendation of the
(a) Violating this
chapter or any rule adopted under this chapter.
(b) Engaging in an
activity [in this state covered by the
license or permit,] regulated under this chapter in connection with
a boxing or [wrestling contest, match or
exhibition,] mixed martial arts event that is not approved by
the superintendent.
(c) Participating as a
contestant in a boxing or [wrestling
contest, match or exhibition in which] mixed martial arts event if
another contestant is either unlicensed by the superintendent or [is] has been determined to be
medically unqualified as provided in [ORS
463.135 (4), (5) and (6)] section 11 of this 2007 Act.
(d) Participating as an
official in a boxing or [wrestling
contest, match or exhibition in which] mixed martial arts event if a
contestant is either unlicensed by the superintendent or [is] has been determined to be medically unqualified as
provided in [ORS 463.135 (4), (5) and (6)]
section 11 of this 2007 Act.
(e) Failing to comply
with a valid order of the superintendent.
(f) Aiding and abetting
violations of this chapter or rules adopted under this chapter.
(g) Being convicted of a
crime that bears upon the exercise of the privileges granted to the holder
of the license [or permit privilege].
(4) The superintendent
shall deny an application for a license when the applicant does not possess the
requisite qualifications.
(5) The superintendent [shall] may hold a hearing
regarding allegations that any person has violated or failed to comply with
this chapter.
(6) In addition to the
denial, revocation or suspension of a license, the superintendent[, upon recommendation of the commission,]
may order the forfeiture of the payment of the purse or any portion [thereof] of the purse of any professional
boxer[, wrestler] or mixed martial
arts competitor or manager for the violation of any provision of
this chapter or any rule adopted pursuant to this chapter.
(7)(a) The
superintendent may impose a civil penalty in an amount not to exceed [$2,500] $100,000, to be paid by
any promoter, matchmaker, professional boxer[, wrestler] or mixed martial arts competitor, manager or any
other participant licensed by the superintendent, for the violation of
this chapter or any rule adopted pursuant to this chapter. The penalty shall be
deposited in the subaccount of the State Police Account established under ORS
181.175.
(b) The
(8) [In the conduct of any] When
conducting a contested case hearing under ORS chapter 183 held pursuant to
this chapter, the superintendent or designee of the superintendent may
administer oaths to witnesses, receive evidence[,] and issue subpoenas to compel the attendance of witnesses and
the production of papers and documents related to matters under investigation.
(9) The commission shall
recommend, and the superintendent shall adopt without change, rules [that require that] requiring
contracts between [promoters and
professional boxers and between professional boxers and managers conform to
standards calculated by the commission to enhance the best interests of
contestants and the public, including but not limited to the requirement that
no professional boxer shall receive less than 66-2/3 percent of the gross purse
for any contest in which the boxer participates. No boxing contest shall] professional
boxers or mixed martial arts competitors and managers or promoters to conform
to standards determined by the commission to protect the best interests of
contestants and the public. The rules must include, but need not be limited to,
a requirement that each contestant shall receive at least 66-2/3 percent of
that contestant’s contracted portion of the gross purse for each event in which
the professional boxer or mixed martial arts competitor participates. A
professional boxing or professional mixed martial arts event may not take
place in this state unless the superintendent [approves] determines that the contractual arrangements [therefor] for the event [in light of the standards contained in the
rules so adopted] conform to the rules adopted under this subsection.
(10) The provisions of
this section do not apply to a promoter of or a participant in
entertainment wrestling.
SECTION 17. ORS 463.195 is amended to read:
463.195. (1) The Oregon
State [Boxing and Wrestling] Athletic
Commission is subject to the provisions of ORS 291.201 to 291.222, including
but not limited to the provisions of those sections relating to changes and
revisions by the Governor in budget estimates and requests.
(2) The commission and
its officers and employees are subject to the provisions of ORS 291.230 to
291.260 and 291.990.
SECTION 18. ORS 463.200 is amended to read:
463.200. For purposes of
ORS 181.511 to 181.575, the
SECTION 19. ORS 463.210 is amended to read:
463.210. (1) The
promoting, conducting or maintaining of [boxing
and wrestling matches, contests or exhibitions] a boxing or mixed
martial arts event when conducted by educational institutions, Oregon
National Guard Units, United States Amateur Boxing [Federation], Inc., or any other amateur athletic
organizations duly recognized by the Oregon State [Boxing and Wrestling] Athletic Commission [shall be] is exempt from the
licensing and bonding provisions of this chapter if none of the participants in
the [contests or exhibitions]
event 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] that have been recognized by the commission.
(b) Any [contests, matches or exhibitions]
events between students of educational institutions [which] that are conducted by a college, school or university
as part of the institution’s athletic program.
(c) [Contests, matches or exhibitions] Events
between members of any troop, battery, company or units of the Oregon National
Guard.
SECTION 20. ORS 463.310 is amended to read:
463.310. As used in ORS
463.113, 463.155, 463.320, [and]
463.330, 463.340 and 463.370:
[(1) “Event” includes any match, contest, exhibition or performance.]
[(2)] (1) “Gross receipts” means the consideration, whether
money, credits, rights or other property, received from the sale of tickets or
other admissions indicia or the right to admission, without any [deductions whatsoever] deduction.
[(3)] (2) “Gross receipts” does not include gross receipts
from admissions to:
(a) Events conducted or
sponsored by any nonprofit amateur athletic association organized under the
laws of this state, including their affiliated membership clubs throughout the
state that have been recognized by the Oregon State [Boxing and Wrestling] Athletic Commission.
(b) Events between
students of educational institutions conducted or sponsored by a college,
school or university as part of their athletic program.
(c) Events between
members of any troop, battery, company or units of the Oregon National Guard.
SECTION 21. ORS 463.320 is amended to read:
463.320. (1) For the
privilege of engaging in [the activity of]
professional boxing [or wrestling],
mixed martial arts or entertainment wrestling, a tax is imposed upon the
gross receipts from the sale of tickets or other fees charged for admission to
a professional boxing [or wrestling event],
mixed martial arts or [an]
entertainment wrestling event held [within]
in this state. The amount of the tax is six percent of the total gross
receipts from the sale of the tickets or other fees for admission to the event.
(2) Any person licensed
under this chapter, and who holds or conducts a boxing, [wrestling] mixed martial arts or entertainment wrestling
event shall:
(a) [No later than three days] Prior to the
holding of any boxing, [wrestling]
mixed martial arts or entertainment wrestling event, furnish to the
Superintendent of State Police a statement containing the name of each
contestant [or participant] and the
names of the [manager or] managers.
(b) No later than 72
hours after [termination] the conclusion
of the boxing, [wrestling] mixed
martial arts or entertainment wrestling event, file with the superintendent
a written report, duly verified in accordance with rules recommended by the
Oregon State [Boxing and Wrestling] Athletic
Commission and adopted by the superintendent, stating the number and price
of tickets or other admissions indicia or rights to admission sold, [the price or prices for which sold,] the
total gross receipts from the sales and any other information required under
rules recommended by the commission and adopted by the superintendent. The
superintendent shall adopt rules recommended by the commission under this
subsection.
(c) Pay to the
Department of State Police, at the time of filing the [statement] report required under
paragraph (b) of this subsection, a tax equal to six percent of the total gross
receipts from the sale of the tickets or other admissions indicia to the event.
SECTION 22. ORS 463.330 is amended to read:
463.330. [(1)] When an admission fee is charged by
any person conducting or sponsoring an amateur boxing, [wrestling] mixed martial arts or entertainment wrestling
event, the tax imposed by ORS 463.320 [(1)
and (2)] shall apply to the gross receipts from the admissions and the
statement filed and tax paid by the conducting or sponsoring person.
[(2) The Oregon State Boxing and Wrestling Commission shall designate
what percentage of the proceeds of the gross receipts from the conduct of an
amateur boxing, wrestling or entertainment wrestling event shall be donated to
participating amateur boxing associations and shall cause that percentage to be
distributed to those associations.]
SECTION 23. ORS 463.360 is amended to read:
463.360. The salaries [or] and expenses[, or both,] of the members and
employees[,] and the operating
expenses of the Oregon State [Boxing and
Wrestling] Athletic Commission shall be paid out of the subaccount
of the State Police Account established under ORS 181.175 from moneys received
under this chapter.
SECTION 24. ORS 463.370 is amended to read:
463.370. After deduction
of administrative costs of the Oregon State [Boxing and Wrestling] Athletic Commission established under
ORS 463.113, 75 percent of the remaining gross receipts tax, as described in
ORS 463.320 and deposited in the subaccount of the State Police Account
established under ORS 181.175, shall be credited to and deposited in the
subaccount established pursuant to section 36 (2), chapter 1084, Oregon Laws
1999, or a successor subaccount, account or fund.
SECTION 25. ORS 463.500 is amended to read:
463.500. (1) In addition
to any other fees or taxes required under this chapter, a promoter shall pay to
the Oregon State [Boxing and Wrestling]
Athletic Commission a fee of $1 for each ticket sold for admission to a
live professional boxing [contest, match
or exhibition] event held in this state.
(2) Subsection (1) of
this section does not apply to a live professional boxing [contest, match or exhibition] event held on land controlled
by an Oregon Indian tribe. However, an Oregon Indian tribe may make a
contribution to the commission for the purposes of subsection (3) of this
section.
(3) All moneys collected
from the fee imposed under subsection (1) of this section shall be deposited
into the subaccount established in the State Police Account under ORS 181.175
(2). [Such] The moneys deposited
in the subaccount are continuously appropriated to the
(4) The commission shall
adopt by rule the manner in which:
(a) The fees required
under subsection (1) of this section must be paid; and
(b) Applications for
grants may be submitted to the commission and the standards to be used to award
the grants to amateur boxing organizations in this state.
(5) The commission shall
monitor the amateur boxing organizations that receive grants under this section
to determine the success of the grant program.
(6) As used in this
section, “amateur boxing organization” means a locally operated boxing club
that is registered with the Oregon Association of United States Amateur Boxing,
Inc.
SECTION 26. ORS 166.715 is amended to read:
166.715. As used in ORS
166.715 to 166.735, unless the context requires otherwise:
(1) “Documentary
material” means any book, paper, document, writing, drawing, graph, chart,
photograph, phonograph record, magnetic tape, computer printout, other data
compilation from which information can be obtained or from which information
can be translated into usable form, or other tangible item.
(2) “
(3) “Investigative
agency” means the Department of Justice or any district attorney.
(4) “Pattern of
racketeering activity” means engaging in at least two incidents of racketeering
activity that have the same or similar intents, results, accomplices, victims
or methods of commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and are not isolated
incidents, provided at least one of such incidents occurred after November 1,
1981, and that the last of such incidents occurred within five years after a
prior incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a previous prosecution
is a bar to a subsequent prosecution, conduct that constitutes an incident of
racketeering activity may be used to establish a pattern of racketeering
activity without regard to whether the conduct previously has been the subject
of a criminal prosecution or conviction or a juvenile court adjudication,
unless the prosecution resulted in an acquittal or the adjudication resulted in
entry of an order finding the youth not to be within the jurisdiction of the
juvenile court.
(5) “Person” means any
individual or entity capable of holding a legal or beneficial interest in real
or personal property.
(6) “Racketeering
activity” includes conduct of a person committed both before and after the
person attains the age of 18 years, and means to commit, to attempt to commit,
to conspire to commit, or to solicit, coerce or intimidate another person to
commit:
(a) Any conduct that
constitutes a crime, as defined in ORS 161.515, under any of the following
provisions of the Oregon Revised Statutes:
(A) ORS 59.005 to
59.451, 59.660 to 59.830, 59.991 and 59.995, relating to securities;
(B) ORS 162.015, 162.025
and 162.065 to 162.085, relating to bribery and perjury;
(C) ORS 162.235, 162.265
to 162.305, 162.325, 162.335, 162.355 and 162.365, relating to obstructing
governmental administration;
(D) ORS 162.405 to
162.425, relating to abuse of public office;
(E) ORS 162.455,
relating to interference with legislative operation;
(F) ORS 163.095 to
163.115, 163.118, 163.125 and 163.145, relating to criminal homicide;
(G) ORS 163.160 to
163.205, relating to assault and related offenses;
(H) ORS 163.225 and
163.235, relating to kidnapping;
(I) ORS 163.275,
relating to coercion;
(J) ORS 163.670 to
163.693, relating to sexual conduct of children;
(K) ORS 164.015,
164.043, 164.045, 164.055, 164.057, 164.075 to 164.095, 164.125, 164.135,
164.140, 164.215, 164.225 and 164.245 to 164.270, relating to theft, burglary,
criminal trespass and related offenses;
(L) ORS 164.315 to
164.335, relating to arson and related offenses;
(M) ORS 164.345 to
164.365, relating to criminal mischief;
(N) ORS 164.395 to
164.415, relating to robbery;
(O) ORS 164.865, 164.875
and 164.868 to 164.872, relating to unlawful recording or labeling of a
recording;
(P) ORS 165.007 to
165.022, 165.032 to 165.042 and 165.055 to 165.070, relating to forgery and
related offenses;
(Q) ORS 165.080 to
165.109, relating to business and commercial offenses;
(R) ORS 165.485 to
165.515, 165.540 and 165.555, relating to communication crimes;
(S) ORS 166.180,
166.190, 166.220, 166.250, 166.270, 166.275, 166.410, 166.450 and 166.470,
relating to firearms and other weapons;
(T) ORS 164.377 (2) to
(4), as punishable under ORS 164.377 (5)(b), 167.007 to 167.017, 167.062 to
167.080, 167.087, 167.090, 167.122 to 167.137, 167.147, 167.164, 167.167,
167.212, 167.355, 167.365, 167.370, 167.428, 167.431 and 167.439, relating to
prostitution, obscenity, gambling, computer crimes involving the Oregon State
Lottery, animal fighting, forcible recovery of a fighting bird and related
offenses;
(U) ORS 171.990,
relating to legislative witnesses;
(V) ORS 260.575 and
260.665, relating to election offenses;
(W) ORS 314.075,
relating to income tax;
(X) ORS 180.440 (2) and
ORS chapter 323, relating to cigarette and tobacco products taxes and the
directory developed under ORS 180.425;
(Y) ORS 411.630,
411.675, 411.690 and 411.840, relating to public assistance payments, and ORS
411.990 (2) and (3);
(Z) ORS 462.140, 462.415
and 462.420 to 462.520, relating to racing;
(AA) ORS 463.995,
relating to boxing [and wrestling],
mixed martial arts and entertainment wrestling, as defined in ORS 463.015;
(BB) ORS 471.305,
471.360, 471.392 to 471.400, 471.403, 471.404, 471.405, 471.425, 471.442,
471.445, 471.446, 471.485, 471.490 and 471.675, relating to alcoholic liquor,
and any of the provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;
(CC) ORS 475.005 to
475.285 and 475.840 to 475.980, relating to controlled substances;
(DD) ORS 480.070,
480.210, 480.215, 480.235 and 480.265, relating to explosives;
(EE) ORS 819.010,
819.040, 822.100, 822.135 and 822.150, relating to motor vehicles;
(FF) ORS 658.452 or
658.991 (2) to (4), relating to farm labor contractors;
(GG) ORS chapter 706,
relating to banking law administration;
(HH) ORS chapter 714, relating
to branch banking;
(II) ORS chapter 716,
relating to mutual savings banks;
(JJ) ORS chapter 723,
relating to credit unions;
(KK) ORS chapter 726,
relating to pawnbrokers;
(LL) ORS 166.382 and
166.384, relating to destructive devices;
(MM) ORS 165.074;
(NN) ORS 59.840 to
59.980, relating to mortgage bankers and mortgage brokers;
(OO) ORS chapter 496,
497 or 498, relating to wildlife;
(PP) ORS 163.355 to
163.427, relating to sexual offenses;
(QQ) ORS 166.015,
relating to riot;
(RR) ORS 166.155 and
166.165, relating to intimidation;
(SS) ORS chapter 696,
relating to real estate and escrow;
(TT) ORS chapter 704,
relating to outfitters and guides;
(UU) ORS 165.692,
relating to making a false claim for health care payment;
(VV) ORS 162.117, relating
to public investment fraud;
(WW) ORS 164.170 or
164.172;
(XX) ORS 647.140,
647.145 or 647.150, relating to trademark counterfeiting;
(YY) ORS 164.877;
(ZZ) ORS 167.312 and
167.388;
(AAA) ORS 164.889; or
(BBB) ORS
165.800.
(b) Any conduct defined
as “racketeering activity” under 18 U.S.C. 1961 (1)(B),
(C), (D) and (E).
(7) “Unlawful debt”
means any money or other thing of value constituting principal or interest of a
debt that is legally unenforceable in the state in whole or in part because the
debt was incurred or contracted:
(a) In violation of any
one of the following:
(A) ORS chapter 462,
relating to racing;
(B) ORS 167.108 to
167.164, relating to gambling; or
(C) ORS 82.010 to
82.170, relating to interest and usury.
(b) In gambling activity
in violation of federal law or in the business of lending money at a rate
usurious under federal or state law.
(8) Notwithstanding
contrary provisions in ORS 174.060, when this section references a statute in
the Oregon Revised Statutes that is substantially different in the nature of
its essential provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to the statute.
SECTION 27. Ordinances adopted by a city or county
before February 1, 2007, that regulate boxing or mixed martial arts that are
subject to sections 9 and 11 of this 2007 Act and the amendments to statutes by
sections 3, 4, 5, 13, 14, 16 and 26 of this 2007 Act may not be enforced after
the Superintendent of State Police adopts rules as required by the amendments
to ORS 463.113 by section 6 of this 2007 Act.
SECTION 28. ORS 463.023 and 463.135 are repealed.
SECTION 29. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date June 25, 2007
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