AN ACT Relating to boxing; amending RCW 67.08.001, 67.08.015, 67.08.050, 67.08.055, 67.08.080, 67.08.090, 67.08.100; adding new sections to chapter 67.08 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 184, Laws of 1933 as amended by section 1, chapter 337, Laws of 1981 and RCW 67.08.001 are each amended to read as follows:

(1) For the purposes of this chapter:

(a) "Boxing" includes, but is not limited to, wrestling, sumo, judo, and karate in addition to fisticuffs;

(b) "Boxing-related injury" means an injury sustained in a boxing contest, exhibition match, or sparring match, which constitutes a debilitating condition or disability, or which, if aggravated in a subsequent match or contest, could result in a debilitating condition or disability; and

(c) "Injured boxer" means a boxer who has a physical or neurophysiological injury, or whose immediate history indicates drug or alcohol abuse. Driving while intoxicated shall constitute drug or alcohol abuse for the purposes of this chapter.

(2) There is hereby created and established a state commission to be known and designated as the "state boxing commission" and in this chapter referred to as the commission. The commission shall be composed of three members who shall be appointed by the governor and shall be subject to removal at the pleasure of the governor. The members of the first commission to be appointed after June 7, 1933, shall be appointed for the terms beginning July 1, 1933, and expiring as follows: One commissioner for the term expiring January 31, 1934, one commissioner for the term expiring January 31, 1935, and one commissioner for the term expiring January 31, 1936. Each of the first commissioners appointed shall hold office until his successor is appointed and qualified. Upon the expiration of the terms of the three commissioners first appointed, each succeeding commissioner shall be appointed to hold office for a term of four years and until his successor shall have been appointed and qualified. In case of a vacancy, it shall be filled by the appointment by the governor for the unexpired portion of the term in which such vacancy occurs.

Sec. 2. Section 2, chapter 9, Laws of 1977 and RCW 67.08.015 are each amended to read as follows:

The commission shall have power and it shall be its duty to direct, supervise, and control all boxing contests or sparring and wrestling matches or exhibitions conducted within the state and no such boxing contest, sparring or wrestling match or exhibition shall be held or given within this state except in accordance with the provisions of this chapter. The commission may, in its discretion, issue and for cause revoke a license to conduct, hold or give boxing, sparring and/or wrestling contests, matches, and exhibitions where an admission fee is charged by any club, corporation, organization, association, or fraternal society: PROVIDED, HOWEVER, That all boxing contests, sparring or wrestling matches or exhibitions which:

(1) Are conducted by any common school, college, or university, whether public or private, or by the official student association thereof, whether on or off the school, college, or university grounds, where all the participating contestants are bona fide students enrolled in any common school, college, or university, within or without this state; or

(2) Are entirely amateur events promoted on a nonprofit basis or for charitable purposes;

shall not be subject to the provisions of this chapter with the exception of section 1 of this 1985 act: PROVIDED, FURTHER, That every contestant in any boxing contest, sparring or wrestling match not conducted under the provisions of this chapter, prior to engaging in any such contest or match, shall be examined by a practicing physician at least once in each calendar year or, where such contest is conducted by a common school, college or university as further described in this section, once in each academic year in which instance such physician shall also designate the maximum and minimum weights at which such contestant shall be medically certified to participate: PROVIDED FURTHER, That no contestant shall be permitted to participate in any such boxing contest, sparring or wrestling match or exhibition in any weight classification other than that or those for which he is certificated: PROVIDED FURTHER, That the organizations exempted by this section from the provisions of this chapter shall be governed by RCW 67.08.080 as said section applies to boxing contests, sparring or wrestling matches or exhibitions conducted by organizations exempted by this section from the general provisions of this chapter. No boxing contest or sparring or wrestling match or exhibition shall be conducted within the state except pursuant to a license issued in accordance with the provisions of this chapter and the rules and regulations of the commission except as hereinabove provided.

Sec. 3. Section 11, chapter 184, Laws of 1933 and RCW 67.08.050 are each amended to read as follows:

Any licensee as herein provided shall within three days prior to the holding of any boxing contest or sparring and/or wrestling match or exhibition file with the commission a statement setting forth the name of each contestant, his manager or managers and such other information as the commission may require, and shall, within seventy-two hours after the termination of any contest file with the commission a written report, duly verified as the commission may require showing the number of tickets sold for such contest, the price charged for such tickets and the gross proceeds thereof, and such other and further information as the commission may require. Such licensee shall pay to the commission at the time of filing the above report a tax equal to five percent of such gross receipts and said five percent of such gross receipts shall be immediately paid by the commission into the state athletic fund of the state of Washington which is hereby created. An additional two percent of the gross receipts shall be paid to the commission at the time of filing the above report, which shall be paid immediately by the commission into the state boxing account which is hereby created in the state general fund. The moneys paid into the state boxing account shall be used to pay medical expenses incurred for boxing-related injuries after any existing health insurance benefits required under section 12 of this 1985 act expire.

Sec. 4. Section 5, chapter 48, Laws of 1975-'76 2nd ex. sess. and RCW 67.08.055 are each amended to read as follows:

Every licensee who charges and receives an admission fee for exhibiting a simultaneous telecast of any live, current, or spontaneous boxing or sparring match, or wrestling exhibition or performance on a closed circuit telecast viewed within this state shall, within seventy-two hours after such event, furnish to the commission a verified written report on a form which is supplied by the commission showing the number of tickets issued or sold, and the gross receipts therefor without any deductions whatsoever. Such licensee shall also, at the same time, pay to the commission a tax equal to five percent of such gross receipts paid for admission to the showing of the contest, match or exhibition. In no event, however, shall the tax be less than twenty-five dollars. The tax shall apply uniformly at the same rate to all persons subject to the tax. Such receipts shall be immediately paid by the commission into the general fund of the state. An additional two percent of the gross receipts shall be paid to the commission at the time of filing the above report, which shall be paid immediately by the commission into the state boxing account created by section 3 of this 1985 act. The moneys paid into the state boxing account shall be used to pay medical expenses incurred for boxing-related injuries after any existing health insurance benefits required under section 12 of this 1985 act expire.

Sec. 5. Section 14, chapter 184, Laws of 1933 as last amended by section 1, chapter 45, Laws of 1974 ex. sess. and RCW 67.08.080 are each amended to read as follows:

No boxing contest or sparring exhibition held in this state whether under the provisions of this chapter or otherwise shall be for more than ten rounds and no one round of any such contest or exhibition shall be for a longer period than three minutes and there shall be not less than one minute intermission between each round. In the event of bouts involving state or regional championships the commission may grant an extension of no more than two additional rounds to allow total bouts of twelve rounds, and in bouts involving national championships the commission may grant an extension of no more than five additional rounds to allow total bouts of fifteen rounds. No contestant in any boxing contest or sparring match or exhibition whether under this chapter or otherwise shall be permitted to participate without safety head gear approved by the commission, or to wear gloves with thumbs or weighing less than six ounces. The length and duration for wrestling matches whether held under the provisions of this chapter or otherwise shall be regulated by order of the commission. The commission shall promulgate rules and regulations to assure clean and sportsmanlike conduct on the part of all contestants and officials, and the orderly and proper conduct of the contest in all respects, and to otherwise make rules and regulations consistent with this chapter, but such rules and regulations shall apply only to contests held under the provisions of this chapter.

NEW SECTION. Sec. 6. No amateur or professional boxing match or exhibition may be held unless: (1) The contest is held in a location where adequate neurological facilities are immediately available for skilled emergency treatment of an injured contestant; (2) advanced life-support systems are available at ringside; and (3) a comprehensive evacuation plan for the removal of any seriously injured contestant to hospital facilities has been prepared. The commission shall establish by rule minimum standards for what constitutes adequate neurological facilities, advanced life-support systems, and comprehensive evacuation plans.

No amateur or professional boxing match or exhibition may be held unless safety equipment such as plastic safety mats, padded cornerposts, and any other safety equipment which the commission may deem necessary for protection of the health and safety of the contestants is used. Any required safety equipment shall be in good condition.

NEW SECTION. Sec. 7. The commission may at any time require a licensed boxer to undergo a physical examination, including any neurological or neuropsychological test or procedure.

NEW SECTION. Sec. 8. The commission shall require by rule that any professional boxer present to a designated commission official, before each boxing match or exhibition in which the boxer will fight in this state, a license which shall include but not be limited to the following information: (1) The boxer's name, photograph, social security number, date of birth, and other identifying information; (2) the boxer's prior fight history including the dates, location, and decision of such fights; and (3) the boxer's medical history, relating to any physical condition, medical test, or procedure which relates to the boxer's ability to fight, and including a record of all medical suspensions.

NEW SECTION. Sec. 9. Any professional boxer shall, as a condition of licensure, agree to disclosure to the commission, as provided in this section, of medical records relating to treatment of any physical condition which relates to the boxer's ability to fight. All medical reports submitted to, and all medical records of the commission relating to the physical examination or condition of boxers, shall be confidential, and shall be open to examination only to the commission or its authorized representative, to the licensed boxer or the boxer's manager upon written application to examine these records, or upon court order.

NEW SECTION. Sec. 10. The commission shall appoint a physician licensed to practice medicine in all of its branches in this state to act as a consultant to the commission as needed.

NEW SECTION. Sec. 11. No licensed promoting corporation or matchmaker may knowingly engage in a course of conduct in which fights are arranged where one boxer has skills or experience significantly in excess of the other boxer so that a mismatch results with the potential of physical harm to the boxer. If such action occurs, the commission may exercise its disciplinary powers under this chapter.

NEW SECTION. Sec. 12. Any Washington resident engaging as a participant in a boxing contest, exhibition match, or sparring match shall be required to acquire and maintain a health insurance policy to pay medical expenses incurred for treatment of boxing-related injuries.

NEW SECTION. Sec. 13. Any professional boxer applying for a license or renewal of a license under this chapter shall undergo a comprehensive physical examination, including clinical neurological and neuropsychological examinations by a physician approved by the commission. If, at the time of such examination, there is any indication of brain injury, or for any other reason the physician deems it appropriate, the boxer shall be required to undergo further neurological and neuropsychological examinations by a neurologist or neurosurgeon including, but not limited to, a computed tomography or medically equivalent procedure. The commission shall not issue or reissue a license to a boxer until such examinations are completed and reviewed by the commission. The results of all examinations required under this section shall become a part of the boxer's permanent medical record maintained by the commission.

Sec. 14. Section 15, chapter 184, Laws of 1933 and RCW 67.08.090 are each amended to read as follows:

Each contestant for boxing, sparring or wrestling shall be examined ten days prior to the contest and again within eight hours prior to the contest by a competent physician appointed by the commission. The physician shall forthwith and before such contest report in writing and over his or her signature the physical condition of each and every contestant to the commissioner or inspector present at such contest.

No contestant whose physical condition is not approved by the examining physician, whose neurophysiological evaluation under section 15 of this 1985 act is negative, or who is otherwise disqualified under this chapter shall be permitted to participate in any contest. Blank forms of physicians' report shall be provided by the commission and all questions upon such blanks shall be answered in full. The examining physician shall be paid ((~~a fee designated~~)) by the commission ((~~by the licensee conducting such match or exhibition~~)). No boxing contest or sparring or wrestling match or exhibition shall be held unless a licensed physician of the commission or his or her duly appointed representative, ((~~shall be~~)) is present throughout the contest.

Any practicing physician and surgeon may be selected by the ((~~board~~)) commission as the examining physician or attending ring-side physician. Such physician present at such contest ((~~shall have authority to~~)) may stop any contest at any time to examine a boxer. When in ((~~his~~)) the physician's opinion it would be dangerous to a contestant to continue((~~, and in such event~~)), it shall be his or her duty to stop such contest. The attending ring-side physician shall be paid by the commission. If ((he)) the attending ring-side physician has acted as examining physician he or she shall receive no fee for being present at such contest.

NEW SECTION. Sec. 15. (1) Each boxing contestant who has suffered a knockout or technical knockout in any two of the three previous boxing matches, or who has participated in ten or more matches, shall undergo neurophysiological testing. Before the contest, the contestant shall provide the commission with a signed report and evaluation from the physician reviewing the test stating that the contestant has no neurophysiological injury which would permanently retard any physical or mental function. The commission or the examining physician under RCW 67.08.090 may require any boxing contestant who has participated in ten or more matches to undergo additional neurophysiological testing at any time before the contest. Neurophysiological testing shall be required after every ten matches.

Any physician, promoter, sponsor, or boxing contestant who submits a false neurophysiological testing report or evaluation to the commission is guilty of a class C felony punishable as provided in RCW 9A.20.021. Any person who knowingly permits an injured boxer to participate in a boxing contest, exhibition match, or sparring match shall be guilty of a class C felony punishable as provided in RCW 9A.20.021.

(2) Any professional boxer rendered unconscious or suffering head trauma as determined by the attending ring-side physician shall be immediately examined by the attending physician and shall be required to undergo neurological and neuropsychological examinations by a neurologist or neurosurgeon, including but not limited to a computed tomography or medically equivalent procedure. Any boxer so injured shall not appear in any match or exhibition until results of such examinations are reviewed by the commission. The results of all such examinations required under this section shall become a part of the boxer's permanent medical record maintained by the commission and shall be used by the commission to determine whether a boxer shall be permitted to appear in any future boxing match or exhibition.

(3) No professional boxer may compete or appear in a boxing match or exhibition or engage in noncompetitive boxing within ninety days of having suffered a knockout in any match or exhibition, or within forty-five days of having suffered a technical knockout where there is evidence of head trauma as determined by the attending ring-side physician. Each such boxer shall undergo the medical examination as specified in subsection (2) of this section, shall be considered suspended from boxing by the commission, and shall forfeit his license to the commission during such period. The boxer's license shall not be reissued until the boxer has met all requirements for reissuance of such license. All such suspensions shall be recorded on the boxer's license by a commission official. For purposes of this section, "noncompetitive boxing" includes any contact training or sparring.

Sec. 16. Section 16, chapter 184, Laws of 1933 as amended by section 6, chapter 305, Laws of 1959 and RCW 67.08.100 are each amended to read as follows:

The commission may grant annual licenses upon application in compliance with this chapter, the rules and regulations prescribed by the commission, and the payment of the fees, the amount of which is to be determined by the commission, prescribed to managers, referees, boxers, wrestlers, seconds and trainers: PROVIDED, That the provisions of this section shall not apply to contestants or participants in strictly amateur contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the war department or any bona fide athletic club which is a member of the Pacific northwest association of the amateur athletic union of the United States, holding and promoting athletic contests or smokers and where all funds are used primarily for the benefit of their members.

The commission shall not license any boxer who has not agreed to disclosure of medical records under section 9 of this 1985 act or who has been convicted of or is being treated for offenses of sexual or physical violence against others. Any ((~~such~~)) license issued under this chapter may be denied, suspended, or revoked by the commission for medical reasons or for any cause which it shall deem sufficient.

No person shall participate or serve in any of the above capacities unless licensed as herein provided. The referee for any contest shall be designated by the commission from among such licensed referees.

NEW SECTION. Sec. 17. Any person who allows a boxer under sixteen years of age to participate in an amateur or professional boxing match or exhibition match is guilty of a gross misdemeanor.

NEW SECTION. Sec. 18. Sections 6 through 13, 15, and 17 of this act are each added as new sections to chapter 67.08 RCW.