Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 1348

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to professional athletics regulated by the department of licensing.

Brief Description: Concerning professional athletics regulated by the department of licensing.

Sponsors: Representatives Green, Conway and Sullivan.

Brief Summary of Bill

  • Grants authority for breathalyzer tests and requires emergency units with transport and resuscitation capabilities.

  • Allows participant changes upon approval of the Department of Licensing.

  • Makes appointed officials immune from liability for official acts.

  • Amends other provisions concerning the regulation of professional athletic events.

Hearing Date:

Staff: Courtney Barnes (786-7194).

Background:

The Department of Licensing (Department) regulates boxing, martial arts, kickboxing, and wrestling events. Boxers, kickboxers, martial arts participants, promoters, inspectors, and others involved with the events must obtain a license from the Department. Certain amateur events are exempt.

Federal law requires boxing events, including events on tribal lands, to be supervised by a regulatory entity. Under federal law, the Department must have an agreement with a tribe to regulate a tribe's boxing events.

Participants

Seven days before an event, a promoter must submit the names of all potential participants to the Department. Changes are allowed for wrestling events.

Medical/ Safety

Boxing promoters must provide proof of medical insurance to the Department 72 hours prior to an event. A physician licensed by the Department must be present throughout a boxing, kickboxing, or martial arts event. Within 24 hours before these events, a physician must conduct a prefight physical. A physician must stop an event when, in the physician's opinion, it would be dangerous for a participant to continue. The Department may require a physician at a wrestling event.

Participants may be subject to random urinalysis or chemical tests within 24 hours before or after an event. An applicant or licensee who refuses to submit to testing is subject to disciplinary action. If the urinalysis or chemical test is positive for substances prohibited by rule, the applicant or licensee is subject to disciplinary action.

A promoter must have an ambulance or paramedic unit at an event.

The Director of the Department (Director) must adopt rules to assure clean and sportsmanlike conduct and may adopt rules with respect to round and bout limitations.

Officials

The Department may appoint official inspectors and the inspectors must carry a card as evidence of their authority. The Director sets a fee for the inspectors, which is paid by the promoter. The promoter also pays a fee to the event physician and chiropractor, if a chiropractor is present. The Department may also employ inspectors.

Immunity from Liability

The Director or persons acting on the Director's behalf are immune from liability based on official acts.

Event Fees

Promoters pay an event fee to the Department. The fee on telecasts is due 72 hours after the event. The Department is required to set event fees by rule and in amounts that are sufficient to defray the costs of administering the professional athletics program.

Summary of Bill:

A number of changes are made to the laws regulating boxing, kickboxing, mixed martial arts, and wrestling events.

Participants

The seven-day period to submit the names of potential participants to the Department is changed to 10 days and made explicitly applicable to boxing, kickboxing, and mixed martial arts events. All licensing documents must be received within 72 hours before an event. Participant changes or additions for all events may be allowed upon the Department's approval.

Medical/ Safety

Kickboxing and mixed martial arts promoters, in addition to boxing promoters, are explicitly required to provide proof of medical insurance. The prefight physical must be within a time specified in rule. A physician may stop any bout when it would be dangerous and need not stop an entire event. The danger is no longer limited to a participant.

The prohibition against self-mutilation by a wrestling participant is expanded to mutilation of any person by a wrestling participant.

Breathalyzer tests may be administered within 24 hours before an event, during an event, or after an event until the post-fight physical has been completed. Participants may not consume alcohol until the post-fight physical is completed. An applicant or licensee who refuses to submit to the breathalyzer test or tests positive is subject to disciplinary action. The prohibited substances found in a urinalysis or chemical test are specified to be controlled substances.

The Department may appoint a chiropractor for wrestling events.

The emergency unit required on event locations must be a paramedic unit with transport and resuscitation capabilities.

The Director may adopt rules with respect to glove weights and weight classes and is granted explicit authority to provide rules for clean and sportsmanlike conduct for boxing. The striking of any person other than an approved bout opponent (rather than not a licensed participant) constitutes unprofessional conduct.

Officials

The Department must, rather than may, appoint inspectors and is also given explicit authority to appoint all other event officials. The fee and travel expenses appointed officials receive from promoters are to be paid through the Department. The Department may also employ and contract with all appointed officials.

Immunity from Liability

All appointed officials are immune from liability based on official acts. Appointed officials are not immune from disciplinary actions by the Department.

Event Fees

The time frame to pay the telecast event fee is changed from 72 hours to 10 days. The "tax" on events is changed to an "event fee." The tax on complimentary tickets is eliminated. (Senate Bill 6126, which passed in 2009, changed the "tax" on events to an "event fee" and eliminated the tax on complimentary tickets).

Other

A promoter's written reports to the Department are due 10 days after the end of any event.

Changes are made in terminology and organization of the provisions. Some provisions that refer to boxing only are made explicitly applicable to kickboxing and mixed martial arts. Some provisions covered in other laws are deleted. Other housekeeping changes are made.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect on January 1, 2010.