Z-0582.1 _______________________________________________
SENATE BILL 5824
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senators Moore and Quigley; by request of Office of Financial Management
Read first time 02/16/93. Referred to Committee on Government Operations.
AN ACT Relating to abolition of the state professional athletic commission; amending RCW 67.08.002, 67.08.007, 67.08.010, 67.08.015, 67.08.030, 67.08.040, 67.08.050, 67.08.055, 67.08.060, 67.08.080, 67.08.090, 67.08.100, 67.08.110, 67.08.120, 67.08.130, 67.08.140, and 67.08.170; adding a new section to chapter 67.08 RCW; creating new sections; repealing RCW 67.08.001, 67.08.003, 67.08.005, and 67.08.009; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The state professional athletic commission is hereby abolished and its powers, duties, and functions are hereby transferred to the department of licensing. All references to the director or state professional athletic commission in the Revised Code of Washington shall be construed to mean the director or department of licensing.
NEW SECTION. Sec. 2. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state professional athletic commission shall be delivered to the custody of the department of licensing. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state professional athletic commission shall be made available to the department of licensing. All funds, credits, or other assets held by the state professional athletic commission shall be assigned to the department of licensing.
Any appropriations made to the state professional athletic commission shall, on the effective date of this section, be transferred and credited to the department of licensing.
Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
NEW SECTION. Sec. 3. All employees of the state professional athletic commission are transferred to the jurisdiction of the department of licensing. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of licensing to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
NEW SECTION. Sec. 4. All rules and all pending business before the state professional athletic commission shall be continued and acted upon by the department of licensing. All existing contracts and obligations shall remain in full force and shall be performed by the department of licensing.
NEW SECTION. Sec. 5. The transfer of the powers, duties, functions, and personnel of the state professional athletic commission shall not affect the validity of any act performed prior to the effective date of this section.
NEW SECTION. Sec. 6. If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 5 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 7. Nothing contained in sections 1 through 6 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
Sec. 8. RCW 67.08.002 and 1989 c 127 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Boxing" includes, but is not limited to, sumo, judo, and karate in addition to fisticuffs, but does not include professional wrestling.
(2) (("Commission")) "Department"
means the ((professional athletic commission)) department of
licensing.
(3) "Director" means the director of the department of licensing.
(4) "Promoter" means any person and, in the case of a corporation, an officer, director, employee, or shareholder thereof, who produces, arranges, or stages any professional wrestling exhibition or boxing contest.
(((4))) (5) "Wrestling
exhibition" or "wrestling show" means a form of sports
entertainment in which the participants display their skills in a struggle
against each other in the ring and either the outcome may be predetermined or
the participants do not necessarily strive to win, or both.
Sec. 9. RCW 67.08.007 and 1959 c 305 s 2 are each amended to read as follows:
The ((commission)) department may
employ and fix the compensation of such officers, employees, and inspectors as
may be necessary to administer the provisions of this chapter as amended.
Sec. 10. RCW 67.08.010 and 1989 c 127 s 13 are each amended to read as follows:
The ((commission)) department
shall have power to issue and for cause to revoke a license to conduct boxing
contests, sparring matches, or wrestling shows or exhibitions including a
simultaneous telecast of any live, current or spontaneous boxing, sparring or
wrestling match or performance on a closed circuit telecast within this state,
whether originating in this state or elsewhere, and for which a charge is made,
as herein provided under such terms and conditions and at such times and places
as the ((commission)) department may determine. Such licenses
shall entitle the holder thereof to conduct boxing contests and sparring and/or
wrestling matches and exhibitions under such terms and conditions and at such
times and places as the ((commission)) department may determine.
In case the ((commission)) department shall refuse to grant a
license to any applicant, or shall cancel any license, such applicant, or the
holder of such canceled license shall be entitled, upon application, to a
hearing to be held not less than sixty days after the filing of such order at
such place as the ((commission)) department may designate:
PROVIDED, HOWEVER, That if it has been found by a valid finding and such
finding is fully set forth in such order, that the applicant or licensee has
been guilty of disobeying any provision of this chapter, such hearing shall be
denied.
NEW SECTION. Sec. 11. A new section is added to chapter 67.08 RCW to read as follows:
The director has the following authority in administering this chapter:
(1) Adopt, amend, and rescind rules as deemed necessary to carry out this chapter;
(2) Issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under this chapter;
(3) Take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;
(4) Compel attendance of witnesses at hearings;
(5) In the course of investigating a complaint or report of unprofessional conduct, conduct practice reviews;
(6) Take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the director;
(7) Use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the director or the director's designee shall make the final decision in the hearing;
(8) Enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;
(9) Adopt standards of professional conduct or practice;
(10) In the event of a finding of unprofessional conduct by an applicant or license holder, impose sanctions against a license applicant or license holder as provided by this chapter;
(11) Enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or license holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action;
(12) Designate individuals authorized to sign subpoenas and statements of charges;
(13) Employ the investigative, administrative, and clerical staff necessary for the enforcement of this chapter; and
(14) Compel the attendance of witnesses at hearings.
Sec. 12. RCW 67.08.015 and 1989 c 127 s 14 are each amended to read as follows:
The ((commission)) department
shall have power and it shall be its duty to direct, supervise, and control all
boxing contests, sparring matches, and wrestling shows or exhibitions conducted
within the state and no such boxing contest, sparring match, or wrestling show
or exhibition shall be held or given within this state except in accordance
with the provisions of this chapter. The ((commission)) department
may, in its discretion, issue and for cause revoke a license to conduct, hold
or give boxing and sparring contests, and wrestling shows 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: PROVIDED, FURTHER, That every contestant in any
boxing contest or sparring 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 or sparring matches
or exhibitions conducted by organizations exempted by this section from the
general provisions of this chapter. No boxing contest, sparring match, or
wrestling show 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)) department
except as hereinabove provided.
Sec. 13. RCW 67.08.030 and 1989 c 127 s 6 are each amended to read as follows:
(1) Every boxing promoter, as a condition for
receiving a license, shall file a good and sufficient bond in the sum of ten
thousand dollars with the ((commission)) department, conditioned
upon the faithful performance by such licensee of the provisions of this
chapter, the payment of the taxes, officials, and contracts as provided for
herein and the observance of all rules and regulations of the ((commission))
department, which bond shall be subject to the approval of the attorney
general.
(2) Every promoter of a wrestling exhibition or
closed circuit telecast as a condition of receiving a license as provided for
under this chapter shall file a good and sufficient bond in the sum of one
thousand dollars with the ((commission)) department in cities of
less than one hundred fifty thousand inhabitants and of two thousand five
hundred dollars in cities of more than one hundred fifty thousand inhabitants
conditioned upon the faithful performance by such licensee of the provisions of
this chapter, the payment of the taxes and officials provided for herein and
the observance of all rules and regulations of the ((commission)) department,
which bond shall be subject to the approval of the attorney general.
(3) Boxing promoters must obtain medical insurance to cover any injuries incurred by participants at the time of the event.
Sec. 14. RCW 67.08.040 and 1975-'76 2nd ex.s. c 48 s 4 are each amended to read as follows:
Upon the approval by the ((commission)) department
of any application for a license, as hereinabove provided, and the filing of
the bond the ((commission)) department shall forthwith issue such
license.
Sec. 15. RCW 67.08.050 and 1989 c 127 s 7 are each amended to read as follows:
(1) Any promoter as herein provided shall
within seven days prior to the holding of any boxing contest or sparring match
or exhibition file with the ((commission)) department a statement
setting forth the name of each licensee, his or her manager or managers and
such other information as the ((commission)) department may
require. Any promoter shall, within seven days before holding any wrestling
exhibition or show, file with the ((commission)) department a
statement setting forth the name of each contestant, his or her manager or
managers, and such other information as the ((commission)) department
may require. Participant changes within a twenty-four hour period regarding a
wrestling exhibition or show may be allowed after notice to the ((commission))
department, if the new participant holds a valid license under this
chapter. The ((commission)) department may stop any event that
is a part of a wrestling exhibition wherein any participant is not licensed
under this chapter. Upon the termination of any contest or exhibition the
promoter shall file with the designated ((commission)) department
representative a written report, duly verified as the ((commission)) department
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)) department may
require. The promoter shall pay to the ((commission)) department
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)) department into the state
general fund.
(2) The number of complimentary tickets shall be limited to two percent of the total tickets sold per event location. All complimentary tickets exceeding this set amount shall be subject to taxation.
Sec. 16. RCW 67.08.055 and 1989 c 127 s 15 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 show on a
closed circuit telecast viewed within this state shall, within seventy-two
hours after such event, furnish to the ((commission)) department
a verified written report on a form which is supplied by the ((commission))
department 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)) department 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)) department into the general fund of the state.
Sec. 17. RCW 67.08.060 and 1989 c 127 s 16 are each amended to read as follows:
The ((commission)) department may
appoint official inspectors at least one of which, in the absence of a member
of the ((commission)) department, shall be present at any boxing
contest or sparring match or exhibition held under the provisions of this
chapter and may be present at any wrestling exhibition or show. Such
inspectors shall carry a card signed by the ((chairman)) director
of the ((commission)) department evidencing their authority. It
shall be their duty to see that all rules and regulations of the ((commission))
department and the provisions of this chapter are strictly complied with
and to be present at the accounting of the gross receipts of any contest, and
such inspector is authorized to receive from the licensee conducting the
contest the statement of receipts herein provided for and to immediately
transmit such reports to the ((commission)) department. Each
inspector shall receive a fee from the licensee to be set by the ((commission))
department for each contest officially attended. Each inspector shall
also receive from the state travel expenses in accordance with RCW 43.03.050
and 43.03.060 as now existing or hereafter amended.
Sec. 18. RCW 67.08.080 and 1989 c 127 s 8 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 scheduled for less than or longer 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)) department
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))
department 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 wear gloves weighing less than eight ounces. The ((commission))
department 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.
Sec. 19. RCW 67.08.090 and 1989 c 127 s 9 are each amended to read as follows:
Each contestant for boxing or sparring shall be
examined within eight hours prior to the contest by a competent physician
appointed by the ((commission)) department. 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 shall be permitted to
participate in any contest. Blank forms of physicians' report shall be
provided by the ((commission)) department and all questions upon
such blanks shall be answered in full. The examining physician shall be paid a
fee designated by the ((commission)) department by the promoter
conducting such match or exhibition. The ((commission)) department
may have a participant in a wrestling exhibition or show examined by a
physician appointed by the ((commission)) department prior to the
exhibition or show. A participant in a wrestling exhibition or show whose
condition is not approved by the examining physician shall not be permitted to
participate in the exhibition or show. No boxing contest, sparring match, or
exhibition shall be held unless a licensed physician of the ((commission))
department or his or her duly appointed representative is present
throughout the contest. The ((commission)) department may
require that a physician be present at a wrestling exhibition or show. Any
physician present at a wrestling show or exhibition shall be paid for by the
promoter.
Any practicing physician and surgeon may be
selected by the ((board)) department as the examining physician.
Such physician present at such contest shall have authority to stop any contest
when in the physician's opinion it would be dangerous to a contestant to
continue, and in such event it shall be the physician's duty to stop such
contest.
Sec. 20. RCW 67.08.100 and 1989 c 127 s 10 are each amended to read as follows:
(1) The ((commission)) department
may grant annual licenses upon application in compliance with the rules and
regulations prescribed by the ((commission)) director, and the
payment of the fees, the amount of which is to be ((determined)) set
by the ((commission)) director in accordance with RCW 43.24.086,
prescribed to promoters, managers, referees, boxers, wrestlers, and seconds:
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 defense 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 and where all funds are used primarily for the benefit of
their members.
(2) Any such license may be revoked by the ((commission))
department for any cause which it shall deem sufficient.
(3) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.
(4) The referee for any boxing contest shall be
designated by the ((commission)) department from among such
licensed referees.
(5) The referee for any wrestling exhibition or
show shall be provided by the promoter and licensed by the ((commission))
department.
Sec. 21. RCW 67.08.110 and 1989 c 127 s 11 are each amended to read as follows:
Any person or any member of any group of
persons or corporation promoting boxing exhibitions or contests who shall
participate directly or indirectly in the purse or fee of any manager of any
boxers or any boxer and any licensee who shall conduct or participate in any
sham or fake boxing contest or sparring match or exhibition shall thereby
forfeit its license and the ((commission)) department shall
declare such license canceled and void and such licensee shall not thereafter
be entitled to receive another such, or any license issued pursuant to the
provisions of this chapter.
Sec. 22. RCW 67.08.120 and 1989 c 127 s 12 are each amended to read as follows:
Any contestant or licensee who shall
participate in any sham or fake boxing contest, match, or exhibition and any
licensee or participant who violates any rule or regulation of the ((commission))
department shall be penalized in the following manner: For the first
offense he or she shall be restrained by order of the ((commission))
department for a period of not less than three months from participating
in any contest held under the provisions of this chapter, such suspension to
take effect immediately after the occurrence of the offense; for any second
offense such contestant shall be forever suspended from participation in any
contest held under the provisions of this chapter.
Sec. 23. RCW 67.08.130 and 1933 c 184 s 19 are each amended to read as follows:
Whenever any licensee shall fail to make a
report of any contest within the time prescribed by this chapter or when such
report is unsatisfactory to the ((commission)) department, the ((secretary))
director shall examine the books and records of such licensee; he or
she may subpoena and examine under oath any officer of such licensee and
such other person or persons as he or she may deem necessary to a
determination of the total gross receipts from any contest and the amount of
tax thereon. If, upon the completion of such examination it shall be
determined that an additional tax is due, notice thereof shall be served upon
the licensee, and if such licensee shall fail to pay such additional tax within
twenty days after service of such notice such delinquent licensee shall forfeit
its license and shall forever be disqualified from receiving any new license
and in addition thereto such licensee and the members thereof shall be jointly
and severally liable to this state in the penal sum of one thousand dollars to
be collected by the attorney general by civil action in the name of the state
in the manner provided by law.
Sec. 24. RCW 67.08.140 and 1989 c 127 s 17 are each amended to read as follows:
Any person, club, corporation, organization,
association, fraternal society, participant, or promoter conducting or
participating in boxing contests, sparring matches, or wrestling shows or
exhibitions within this state without having first obtained a license therefor
in the manner provided by this chapter is in violation of this chapter and
shall be guilty of a misdemeanor excepting such contests excluded from the
operation of this chapter by RCW 67.08.015. The attorney general, each
prosecuting attorney, the ((commission)) department, or any
citizen of any county where any person, club, corporation, organization,
association, fraternal society, promoter, or participant shall threaten to
hold, or appears likely to hold or participate in athletic contests or
exhibitions in violation of this chapter, may in accordance with the laws of
this state governing injunctions, enjoin such person, club, corporation,
organization, association, fraternal society, promoter, or participant from
holding or participating in such contest or exhibition.
Sec. 25. RCW 67.08.170 and 1989 c 127 s 3 are each amended to read as follows:
A promoter shall ensure that adequate security
personnel are in attendance at a wrestling exhibition or boxing contest to
control fans in attendance. The size of the security force shall be determined
by mutual agreement of the promoter, the person in charge of operating the
arena or other facility, and the ((commission)) department.
NEW SECTION. Sec. 26. The following acts or parts of acts are each repealed:
(1) RCW 67.08.001 and 1989 c 127 s 5, 1988 c 19 s 1, 1981 c 337 s 1, & 1933 c 184 s 1;
(2) RCW 67.08.003 and 1984 c 287 s 99 & 1977 c 9 s 1;
(3) RCW 67.08.005 and 1981 c 337 s 2 & 1933 c 184 s 3; and
(4) RCW 67.08.009 and 1933 c 184 s 5.
NEW SECTION. Sec. 27. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 28. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
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