74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2003
B-Engrossed
Senate Bill 492
Ordered by the House June 1
Including Senate Amendments dated April 23 and House Amendments
dated June 1
Sponsored by Senators BATES, PROZANSKI; Senator WALKER
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.
Renames Oregon State Boxing and Wrestling Commission as Oregon
State Athletic Commission. Provides for regulation of mixed
martial arts. Modifies authority of Superintendent of State
Police to regulate boxing and entertainment wrestling. Prohibits
issuance of license to persons under 18 years of age to act as
{ - professional boxer or - } mixed martial arts competitor.
Establishes Oregon State Athletic Commission Medical Advisory
Committee. Requires commission to assign medical personnel to
boxing and mixed martial arts events.
{ + Provides that certain ordinances adopted by city or
county before February 1, 2007, that regulate boxing or mixed
martial arts may not be enforced after Superintendent of State
Police adopts rules for conducting professional boxing and mixed
martial arts events that promote safety and best interest of
contestants and public. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
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 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 (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 Oregon State Boxing and
Wrestling Commission. - }
{ - (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 Oregon State Boxing and Wrestling Commission. - }
{ - (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 Oregon
State Athletic Commission to perform duties as assigned by the
commission. 'Official' includes, but is not limited to, a
referee, judge, timekeeper, inspector or ringside physician or
other assigned medical personnel. + }
{ - (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 Oregon to prohibit extreme fighting and
similarly named combative sports. - }
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 Oregon State
{ - Boxing and Wrestling - } { + Athletic + } Commission any
of the powers described in subsection (2) of this section.
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 Portland metropolitan area,
central Willamette Valley and two other areas shall be
represented. Vacancies occurring shall be filled by appointment
in the same manner for the balance of the unexpired term.
{ - Each - } { + A + } member of the commission may be removed
from office by the superintendent for cause. Each member of the
commission, before entering upon the duties of office, shall take
and subscribe to an oath to perform the duties of this office
faithfully, impartially and justly to the { + best of the + }
member's ability.
(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 Oregon State
Athletic Commission Medical Advisory Committee consisting of five
members appointed by the Superintendent of State Police. Members
of the committee shall be physicians licensed under ORS chapter
677.
(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 Oregon State Athletic
Commission under ORS 463.125.
(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 Oregon State Athletic Commission shall
assign medical personnel to each boxing or mixed martial arts
event held in this state.
(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 Oregon
State { - Boxing and Wrestling - } { + Athletic + }
Commission { - shall - } { + may not + } have any financial
interest or investment in any professional boxer { - or
wrestler - } { + , mixed martial arts competitor + } or
entertainment wrestler.
(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 Oregon State { - Boxing and Wrestling - }
{ + Athletic + } Commission shall appoint a sufficient number
of inspectors { + , + } who shall be paid as { + determined
by + } the commission { - designates - } . The appointed
inspectors shall serve as tax assessors for the commission { - ,
overseeing ticket sales and count, and reporting the totals of
each boxing and wrestling match or exhibition and each
entertainment wrestling performance to the commission within 72
hours. - } { + for the boxing, mixed martial arts or
entertainment wrestling events that the inspectors are assigned
to and shall:
(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 Oregon State { - Boxing and
Wrestling - } { + Athletic + } Commission.
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 Oregon
State Boxing and Wrestling Commission, - } may revoke or suspend
the license { - or permit - } of any judge,
{ + professional + } boxer { - , wrestler - } { + or mixed
martial arts competitor + }, manager, referee, timekeeper,
second, matchmaker or promoter for:
(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 Oregon State Athletic Commission shall recommend,
and the superintendent shall adopt without change, rules that
establish a method for determining the amount of a civil penalty
assessed under this subsection. The rules must include, but need
not be limited to, consideration of the gross receipts from the
sale of tickets if the violation is related to an event, the
severity of the violation for which the penalty is to be imposed
and the number of previous violations committed by the person on
whom the penalty is to be imposed. + }
(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 Oregon
State { - Boxing and Wrestling - } { + Athletic + }
Commission shall be considered a criminal justice agency.
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 Oregon State
{ - Boxing and Wrestling - } { + Athletic + } Commission
{ + in the Department of State Police + } to be used by the
commission to award grants to amateur boxing organizations in
this state.
(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) 'Enterprise' includes any individual, sole proprietorship,
partnership, corporation, business trust or other profit or
nonprofit legal entity, and includes any union, association or
group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(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. + }
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