BILL REQ. #: H-1620.2
State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/10/09.
AN ACT Relating to professional athletics regulated by the department of licensing; amending RCW 67.08.002, 67.08.007, 67.08.015, 67.08.017, 67.08.030, 67.08.050, 67.08.055, 67.08.060, 67.08.080, 67.08.110, 67.08.140, 67.08.160, 67.08.170, 67.08.180, 67.08.200, and 67.08.300; reenacting and amending RCW 67.08.090 and 67.08.100; adding new sections to chapter 67.08 RCW; repealing RCW 67.08.010, 67.08.040, 67.08.130, 67.08.220, and 67.08.240; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 67.08 RCW
to read as follows:
In the interest of ensuring the safety and welfare of the
participants, the director of the department of licensing is required
to direct, supervise, and control all boxing, mixed martial arts,
kickboxing, and wrestling events conducted within this state and an
event may not be held in this state except in accordance with the
provisions of this chapter.
Sec. 2 RCW 67.08.002 and 2004 c 149 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Amateur" means a person who has never received nor competed
for any purse or other article of value, either for expenses of
training or for participating in an event, other than a prize of fifty
dollars in value or less.
(2) "Bout" means a contest or match between participants appearing
at an event.
(3) "Boxing" means the sport of attack and defense which uses the
contestants fists and where the contestants compete with the intent not
to injure or disable an opponent, but to win by decision, knockout, or
technical knockout((, but does not include professional wrestling)).
(((3))) (4) "Chiropractor" means a person licensed under chapter
18.25 RCW as a doctor of chiropractic or under the laws of any
jurisdiction in which that person resides.
(((4))) (5) "Department" means the department of licensing.
(((5))) (6) "Director" means the director of the department of
licensing or the director's designee.
(((6))) (7) "Event" includes, but is not limited to, a boxing,
kickboxing, wrestling, or mixed martial arts contest, ((sparring,
fisticuffs,)) match, show, ((or)) exhibition, or closed circuit
telecast.
(((7))) (8) "Event fee" means the fee to be paid by the promoter
for an event.
(9) "Event physician" means ((the)) a physician licensed under RCW
67.08.100 and who is responsible for the activities described in RCW
67.08.090.
(((8))) (10) "Face value" means the dollar value of a ticket ((or
order)), which ((value must reflect the dollar amount that)) the
customer is required to pay ((or, for a complimentary ticket, would
have been required to pay to purchase a ticket with equivalent seating
priority,)) in order to view the event.
(((9))) (11) "Gross receipts" means the amount received from the
face value of all tickets sold ((and complimentary tickets redeemed)).
(((10))) (12) "Kickboxing" means a type of boxing in which blows
are delivered with the fist and any part of the leg below the hip,
including the foot and where the contestants compete with the intent
not to injure or disable an opponent, but to win by decision, knockout,
or technical knockout.
(((11))) (13) "Mixed martial arts" means a type of boxing including
sumo, judo, karate, kung fu, tae kwon do, pankration, muay thai, or
other forms of full-contact martial arts or self-defense conducted on
a full-contact basis where weapons are not used and the
((participants)) contestants utilize kicks, punches, blows, or other
techniques with the intent not to injure or disable an opponent, but to
((defeat an opponent or)) win by decision, knockout, technical
knockout, or submission.
(((12))) (14) "No holds barred fighting," also known as "frontier
fighting" and "extreme fighting," means a contest, exhibition, or match
between contestants where any part of the contestant's body may be used
as a weapon or any means of fighting may be used with the specific
purpose to intentionally injure the other contestant in such a manner
that they may not defend themselves and a winner is declared. Rules
may or may not be used.
(((13))) (15) "Combative fighting," also known as "toughman
fighting," "toughwoman fighting," "badman fighting," and "so you think
you're tough," means a contest, exhibition, or match between
contestants who use their fists, with or without gloves, or their feet,
or both, and which allows contestants that are not trained in the sport
to compete and the object is to defeat an opponent or to win by
decision, knockout, or technical knockout.
(((14))) (16) "Participant" means a person licensed under this
chapter as a boxer, kickboxer, wrestler, or mixed martial artist who
competes against others for a purse or is compensated for participating
in a professional wrestling event.
(17) "Physician" means a person licensed under chapter 18.57((,
18.36A,)) or 18.71 RCW as a physician or a person holding an
osteopathic or allopathic physician license under the laws of any
jurisdiction in which the person resides.
(((15))) (18) "Professional" means a person who has received or
competed for any purse or other articles of value greater than fifty
dollars, either for the expenses of training or for participating in an
event.
(((16))) (19) "Promoter" means a person, and includes any officer,
director, employee, or stockholder of a corporate promoter, who (a)
produces, arranges, stages, or holds((, or gives)) an event in this
state involving a professional boxing, kickboxing, mixed martial arts,
or wrestling event((,)); or (b) shows ((or causes to be shown)) in this
state a closed circuit telecast ((of a match)) involving a professional
((participant)) boxing, kickboxing, mixed martial arts, or wrestling
event whether or not the telecast originates in this state.
(((17))) (20) "Wrestling ((exhibition" or "wrestling show))" means
a form of sports entertainment in which the ((participants))
contestants play a role or display their skills in a physical struggle
against each other in the ring and either the outcome may be
predetermined or the ((participants)) contestants do not necessarily
strive to win, or both.
(((18))) (21) "Amateur event" means an event in which all the
((participants)) contestants are "amateurs" and which is registered and
sanctioned by((:)) an organization or a local affiliate of an organization
defined in rule and recognized by the department as exclusively or
primarily dedicated to advancing the sport of amateur boxing,
kickboxing, or mixed martial arts.
(a) United States Amateur Boxing, Inc.;
(b) Washington Interscholastic Activities Association;
(c) National Collegiate Athletic Association;
(d) Amateur Athletic Union;
(e) Golden Gloves of America;
(f) United Full Contact Federation;
(g) Any similar organization recognized by the department as
exclusively or primarily dedicated to advancing the sport of amateur
boxing, kickboxing, or martial arts, as those sports are defined in
this section; or
(h) Local affiliate of any organization identified in this
subsection
(((19))) (22) "Elimination tournament" means any contest in which
contestants compete in a series of matches until not more than one
contestant remains in any weight category. The term does not include
any event that complies with the provisions of RCW 67.08.015(((2) (a)
or (b))).
Sec. 3 RCW 67.08.007 and 1993 c 278 s 9 are each amended to read
as follows:
The department may employ or contract with and fix the compensation
of such ((officers,)) employees((,)) and ((inspectors)) appointed
officials as may be necessary to administer the provisions of this
chapter as amended.
Sec. 4 RCW 67.08.015 and 2004 c 149 s 2 are each amended to read
as follows:
(((1) In the interest of ensuring the safety and welfare of the
participants, the department shall have power and it shall be its duty
to direct, supervise, and control all boxing, martial arts, and
wrestling events conducted within this state and an event may not be
held in this state except in accordance with the provisions of this
chapter. The department may, in its discretion, issue and for cause,
which includes concern for the safety and welfare of the participants,
take any of the actions specified in RCW 18.235.110 against a license
to promote, conduct, or hold boxing, kickboxing, martial arts, or
wrestling events where an admission fee is charged by any person, club,
corporation, organization, association, or fraternal society.)) The following are not subject to this chapter, except for
section 5 of this act:
(2) All boxing, kickboxing, martial arts, or wrestling events that:
(a) Are
(1) Events 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
(((b) Are)) (2) Entirely amateur events as defined in RCW
67.08.002(((18))) (21) and promoted on a nonprofit basis or for
charitable purposes((;)).
are not subject to the licensing provisions of this chapter. A boxing,
martial arts, kickboxing, or wrestling event may not be conducted
within the state except under a license issued in accordance with this
chapter and the rules of the department except as provided in this
section.
(3) The director shall prohibit events unless all of the
contestants are licensed or otherwise exempt from licensure as provided
under this chapter.
(4) No amateur or professional no holds barred fighting or
combative fighting type of contest, exhibition, match, or similar type
of event, nor any elimination tournament, may be held in this state.
Any person promoting such an event is guilty of a class C felony.
Additionally, the director may apply to a superior court for an
injunction against any and all promoters of a contest, and may request
that the court seize all money and assets relating to the
competition
NEW SECTION. Sec. 5 A new section is added to chapter 67.08 RCW
to read as follows:
No amateur or professional no holds barred fighting or combative
fighting contest, exhibition, match, or similar type of event, nor any
elimination tournament, may be held in this state. Any person
promoting such an event is guilty of a class C felony. Additionally,
the director may apply to a superior court for an injunction against
any and all promoters of such contests, and the court may seize all
money and assets relating to the competition at the request of the
director.
Sec. 6 RCW 67.08.017 and 2002 c 86 s 307 are each amended to read
as follows:
In addition to the powers described in RCW 18.235.030 and
18.235.040, the director or the director's designee has the following
authority in administering this chapter:
(1) Adopt, amend, and rescind rules as deemed necessary to carry
out this chapter;
(2) Adopt standards of professional conduct or practice;
(3) ((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)) Direct,
supervise, and control all boxing, mixed martial arts, kickboxing, and
wrestling events conducted within this state; and
(4) ((Establish and assess fines for violations of this chapter
that may be subject to payment from a contestant's purse)) Prohibit
events unless all of the contestants are licensed or otherwise exempt
from licensure as provided under this chapter.
Sec. 7 RCW 67.08.030 and 1997 c 205 s 5 are each amended to read
as follows:
(1) Every promoter, as a condition for receiving a license, shall
file with the department a surety bond in an amount to be determined by
the department, but not less than ten thousand dollars, to cover all of
the event locations applied for within the state during the license
period((, conditioned upon the faithful performance by such licensee of
the provisions of this chapter,)) to ensure the payment of the
((taxes)) event fee, officials' fee, and participant contracts ((as
provided for herein and the observance of all rules of the
department)).
(2) Boxing, kickboxing, and mixed martial arts promoters must
obtain medical insurance in an amount set by the director, but not less
than fifty thousand dollars, to cover ((any)) injuries incurred by
participants at the time of each event held in this state and provide
proof of insurance to the department seventy-two hours before each
event. The ((evidence)) proof of insurance must specify, at a minimum,
the name of the insurance company, the insurance policy number, the
effective date of the coverage, and ((evidence)) wording that each
participant is covered by the insurance. The promoter must pay any
deductible associated with the insurance policy.
(3) In lieu of the insurance requirement of subsection (2) of this
section, a promoter of the boxing, kickboxing, or mixed martial arts
event who so chooses may((, as a condition for receiving a license
under this chapter,)) file proof of medical insurance coverage that is
in effect for the entire term of the licensing period.
(4) The department shall cancel a boxing, kickboxing, or mixed
martial arts event if the promoter fails to provide proof of medical
insurance ((within the proper time frame)) seventy-two hours before
each event.
Sec. 8 RCW 67.08.050 and 2000 c 151 s 1 are each amended to read
as follows:
(1) ((Any)) Ten days prior to the holding of any boxing,
kickboxing, or mixed martial arts event, promoters shall ((within seven
days prior to the holding of any event)) file with the department a
preliminary statement setting forth the name of each ((licensee who is
a)) potential participant, ((his or her manager or managers,)) and such
other information as the department may require. All licensing
documents required for licensure must be received by the department no
less than seventy-two hours prior to the event. Participant changes
((regarding a wrestling event)) or additions may be allowed ((after
notice to the department, if the new participant holds a valid license
under this chapter. The department may stop any wrestling event in
which a participant is not licensed under this chapter)) upon approval
by the department.
(2) ((Upon the termination)) Ten days after the end of any event
the promoter shall file with the ((designated)) department
((representative)) a written report, duly verified as the department
may require showing the number of tickets sold for the event, the price
charged for the tickets and the gross ((proceeds)) receipts thereof,
and such other and further information as the department may require.
The promoter shall pay to the department at the time of filing the
report under this section ((a tax)) an event fee equal to five percent
of such gross receipts. However, the ((tax)) event fee may not be less
than twenty-five dollars. The five percent of such gross receipts
shall be immediately paid by the department into the state general
fund.
(((3) A complimentary ticket may not have a face value of less than
the least expensive ticket available for sale to the general public.
The number of untaxed complimentary tickets shall be limited to ten
percent of the total tickets sold per event location, not to exceed one
thousand tickets. All complimentary tickets exceeding this exemption
shall be subject to taxation.))
Sec. 9 RCW 67.08.055 and 1993 c 278 s 16 are each amended to read
as follows:
Every ((licensee)) promoter who charges and receives an admission
fee for exhibiting a simultaneous telecast of any live, current, or
spontaneous boxing ((or sparring match)), kickboxing, mixed martial
arts, or wrestling ((exhibition or show)) event on a closed circuit
telecast viewed within this state shall, within ((seventy-two hours))
ten working days after such event, furnish to the department a verified
written report on a form which is supplied by the department showing
the number of tickets issued or sold, and the gross receipts therefor
without any deductions whatsoever. Such ((licensee)) promoter shall
also, at the same time, pay to the department ((a tax)) an event fee
equal to five percent of such gross receipts paid for admission to the
showing of the ((contest, match or exhibition)) event. In no event,
however, shall the ((tax)) event fee be less than twenty-five dollars.
The ((tax)) event fee shall apply uniformly at the same rate to all
persons subject to the ((tax)) event fee. ((Such receipts)) The event
fee shall be immediately paid by the department into the general fund
of the state.
Sec. 10 RCW 67.08.060 and 1997 c 205 s 7 are each amended to read
as follows:
The department ((may)) shall appoint official inspectors ((at least
one of which, in the absence of a member of the department,)) who shall
be present at any event held under the provisions of this chapter.
Such inspectors shall carry a card signed by the director evidencing
their authority. It shall be their duty to see that all rules of the
department and the provisions of this chapter are strictly complied
with ((and to be present at the accounting of the gross receipts of any
event, and such inspector is authorized to receive from the licensee
conducting the event the statement of receipts herein provided for and
to immediately transmit such reports to the department)). The
department shall also appoint all other event officials who shall carry
a card evidencing their authority. Each ((inspector)) appointed
official shall receive a fee and travel expenses from the promoter
through the department to be set by the director for each event
officially attended.
Sec. 11 RCW 67.08.080 and 1999 c 282 s 5 are each amended to read
as follows:
A boxing event held in this state may not be for more than ten
rounds and no one round of any bout shall be scheduled for longer than
three minutes and there shall be not less than a one minute
intermission between each round. In the event of bouts involving
state, regional, national, title eliminator, or world championships the
department may grant an extension of no more than two additional rounds
to allow total bouts of twelve rounds. A ((contestant)) participant in
any boxing event under this chapter may not be permitted to wear gloves
weighing less than eight ounces. The director shall adopt rules to
assure clean and sportsmanlike conduct on the part of all
((contestants)) participants and officials, and the orderly and proper
conduct of the event in all respects, and to otherwise make rules
consistent with this chapter, but such rules shall apply only to events
held under the provisions of this chapter. The director may adopt
rules with respect to round and bout limitations, glove weights, weight
classes, and clean and sportsmanlike conduct for boxing, kickboxing,
mixed martial arts, or wrestling events.
Sec. 12 RCW 67.08.090 and 2002 c 147 s 2 and 2002 c 86 s 308 are
each reenacted and amended to read as follows:
(1) ((Each contestant for boxing, kickboxing, or martial arts
events shall be examined within twenty-four hours before the contest by
an event physician licensed by the department. The event physician
shall report in writing and over his or her signature before the event
the physical condition of each and every contestant to the inspector
present at such contest. No contestant whose physical condition is not
approved by the event physician shall be permitted to participate in
any event. Blank forms for event physicians' reports shall be provided
by the department and all questions upon such blanks shall be answered
in full. The event physician shall be paid a fee and travel expenses
by the promoter.)) A boxing, kickboxing, or mixed martial
arts event may not be held unless an event physician licensed by the
department is present throughout the event. In addition to the event
physician, a chiropractor may be included as a licensed official at a
boxing, kickboxing, or mixed martial arts event. ((
(2) The department may require that an event physician be present
at a wrestling event. The promoter shall pay the event physician
present at a wrestling event.The promoter shall
pay the chiropractor present at a boxing, kickboxing, or martial arts
event.)) (2) Any physician licensed under RCW 67.08.100 may be
selected by the department as the event physician. The event physician
present at any ((
(3)contest)) event shall have authority to stop any
((event)) bout when in the event physician's opinion it would be
dangerous ((to a contestant)) to continue((, and in such event it shall
be the event physician's duty to stop the event.)).
(4) The department may have a participant in a wrestling event
examined by an event physician licensed by the department prior to the
event. A participant in a wrestling event whose condition is not
approved by the event physician shall not be permitted to participate
in the event
(((5))) (3) Each participant for boxing, kickboxing, or mixed
martial arts events shall receive a prefight physical before an event
and within a time frame specified in rule. The prefight physical shall
be performed by an event physician licensed by the department. The
event physician shall complete and sign a prefight physical form
provided by the department. The completed prefight physical form must
be provided to the inspector prior to the beginning of the event. No
participant whose physical condition is not approved by the event
physician shall be permitted to participate in any event.
(4) Each ((contestant)) participant for boxing, kickboxing, mixed
martial arts, or wrestling events may be subject to a random urinalysis
or chemical test within twenty-four hours before or after ((a contest))
an event. Breathalyzer tests may be administered within twenty-four
hours before an event, during an event, or after an event until the
postfight physical has been completed to determine if a participant has
consumed or is affected by alcoholic beverages. Participants shall not
consume alcoholic beverages until the postfight physical has been
completed by the event physician. In addition to the unprofessional
conduct specified in RCW 18.235.130, an applicant or licensee who tests
positive for alcohol, or who refuses or fails to submit to the
breathalyzer test, urinalysis, or chemical test is subject to
disciplinary action under RCW 18.235.110. ((If the urinalysis or
chemical test is positive for substances prohibited by rules adopted by
the director, the applicant or licensee has engaged in unprofessional
conduct and disciplinary action may be taken under RCW 18.235.110.)) If
the urinalysis or chemical test is positive for illegal use of a
controlled substance as defined in RCW 69.50.101, the applicant or
licensee has engaged in unprofessional conduct and disciplinary action
may be taken under RCW 18.235.110.
(5) The department may require that an event physician be present
at a wrestling event. The department may appoint a chiropractor to
attend wrestling events when requested by the promoter. The department
may have a participant in a wrestling event examined by an event
physician licensed by the department prior to the event. A participant
in a wrestling event whose condition is not approved by the event
physician shall not be permitted to participate in the event.
(6) The event physician and chiropractor shall be paid a fee and
travel expenses by the promoter through the department in an amount to
be set by the director for each event officially attended.
Sec. 13 RCW 67.08.100 and 2002 c 147 s 3 and 2002 c 86 s 309 are
each reenacted and amended to read as follows:
(1) The department upon receipt of a properly completed application
and payment of a nonrefundable fee, may grant an annual license to an
applicant for the following: (a) Promoter; (b) manager; (c) ((boxer))
boxing participant; (d) second; (e) wrestling participant; (f)
inspector; (g) judge; (h) timekeeper; (i) announcer; (j) event
physician; (k) chiropractor; (l) referee; (m) matchmaker; (n)
((kickboxer)) kickboxing participant; and (o) mixed martial arts
participant.
(2) ((The application for the following types of licenses)) With
their applications, participants and referees shall include a physical
performed by a physician, as defined in RCW 67.08.002, which was
performed by the physician with a time period preceding the application
as specified by rule((: (a) Boxer; (b) wrestling participant; (c)
kickboxer; (d) martial arts participant; and (e) referee)).
(3) An applicant or licensee upon renewal for the following types
of licenses for the sports of boxing, kickboxing, and mixed martial
arts shall provide annual proof of certification as having adequate
experience, skill, and training for the license applied for from an
organization approved by the department((, including, but not limited
to, the association of boxing commissions, the international boxing
federation, the international boxing organization, the Washington state
association of professional ring officials, the world boxing
association, the world boxing council, or the world boxing organization
for boxing officials, and the united full contact federation for
kickboxing and martial arts officials)): (a) Judge; (b) referee; (c)
inspector; (d) timekeeper; or (e) other officials deemed necessary by
the department.
(4) No person shall participate or serve in any of the above
capacities unless licensed as provided in this chapter.
(5) ((The referees, judges, timekeepers, event physicians,
chiropractors, and inspectors)) All officials for any ((boxing,
kickboxing, or martial arts)) event shall be ((designated)) appointed
by the department ((from among licensed officials)).
(6) The referee for any wrestling event shall be provided by the
promoter and shall be licensed as a wrestling participant.
(7) The department shall immediately suspend the license or
certificate of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services as a person
who is not in compliance with a support order. If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be automatic
upon the department's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance
with the order.
(8) A person may not be issued a license if the person has an
unpaid fine, related to boxing, kickboxing, mixed martial arts, and
wrestling, outstanding to the department.
(9) A person may not be issued a license unless they are at least
eighteen years of age.
(10) This section shall not apply to contestants ((or
participants)) in events at which only amateurs are engaged in contests
and/or fraternal organizations and/or veterans' organizations chartered
by congress or the defense department or any recognized amateur
sanctioning body recognized by the department, holding and promoting
athletic events and where all funds are used primarily for the benefit
of their members. Upon request of the department, a promoter,
contestant, or participant shall provide sufficient information to
reasonably determine whether this chapter applies.
Sec. 14 RCW 67.08.110 and 2002 c 86 s 310 are each amended to
read as follows:
(1) Any person or any member of any group of persons or corporation
promoting boxing, kickboxing, and mixed martial arts events who shall
participate directly or indirectly in the purse or fee of any manager
of any ((boxers)) participants or any ((boxer)) participant and any
licensee who shall conduct or participate in any sham or fake boxing,
kickboxing, and mixed martial arts event has engaged in unprofessional
conduct and is subject to the sanctions specified in RCW 18.235.110.
(2) A manager of any boxer, kickboxer, or mixed martial arts
participant who allows any person or any group of persons or
corporation promoting boxing, kickboxing, or mixed martial arts events
to participate directly or indirectly in the purse or fee, or any
boxer, kickboxer, or mixed martial arts participant or other licensee
who conducts or participates in any sham or fake boxing, kickboxing, or
mixed martial arts event has engaged in unprofessional conduct and is
subject to the sanctions specified in RCW 18.235.110.
Sec. 15 RCW 67.08.140 and 2002 c 86 s 312 are each amended to
read as follows:
Any person((, club, corporation, organization, association,
fraternal society, participant, or promoter)) conducting or
participating in boxing, kickboxing, mixed martial arts, or wrestling
events 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 the))
except those events ((excluded from the operation of this chapter by))
exempt under RCW 67.08.015.
Sec. 16 RCW 67.08.160 and 1999 c 282 s 10 are each amended to
read as follows:
A promoter shall have ((an ambulance or)) a paramedical unit with
transport and resuscitation capabilities present at the event location.
Sec. 17 RCW 67.08.170 and 1997 c 205 s 15 are each amended to
read as follows:
A promoter shall ensure that adequate security personnel are ((in
attendance)) present at ((a wrestling or boxing)) an event to control
((fans)) spectators 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 department.
Sec. 18 RCW 67.08.180 and 2002 c 86 s 313 are each amended to
read as follows:
In addition to the unprofessional conduct specified in RCW
18.235.130, the following conduct, acts, or conditions constitute
unprofessional conduct for which disciplinary action may be taken:
(1) ((Destruction of any ticket or ticket stub, whether sold or
unsold, within three months after the date of any event, by any
promoter or person associated with or employed by any promoter.)) The deliberate cutting ((
(2)of himself or herself)) or other
((self)) mutilation of any person by a wrestling participant while
participating in a wrestling event.
(((3))) (2) A conviction under chapter 69.50 RCW.
(((4))) (3) Testing positive for illegal use of a controlled
substance as defined in RCW 69.50.101.
(((5))) (4) The striking of any person ((that is not a licensed
participant)), other than the approved bout opponent at ((a wrestling))
the event.
Sec. 19 RCW 67.08.200 and 1997 c 205 s 17 are each amended to
read as follows:
A person, including but not limited to a consumer, licensee,
corporation, organization, and state and local governmental agency, may
submit a written complaint to the department ((charging a license
holder or applicant with unprofessional conduct and specifying the
grounds for the complaint)). If the department determines that the
complaint merits investigation or if the department has reason to
believe, without a formal complaint, that a license holder or applicant
may have engaged in ((unprofessional conduct)) a violation of this
chapter, the department shall investigate ((to determine whether there
has been unprofessional conduct)). A person who files a complaint
under this section in good faith is immune from suit in any civil
action related to the filing or contents of the complaint.
Sec. 20 RCW 67.08.300 and 2002 c 86 s 314 are each amended to
read as follows:
The director or individuals acting on the director's behalf and all
appointed event officials are immune from suit in an action, civil or
criminal, based on official acts performed in the course of their
duties in the administration and enforcement of this chapter.
Appointed event officials are not immune from disciplinary actions
brought under this chapter and chapter 18.235 RCW by the department.
NEW SECTION. Sec. 21 The following acts or parts of acts are
each repealed:
(1) RCW 67.08.010 (Licenses for boxing, martial arts, and wrestling
events -- Telecasts) and 2002 c 86 s 305, 1997 c 205 s 2, 1993 c 278 s
10, 1989 c 127 s 13, 1975-'76 2nd ex.s. c 48 s 2, & 1933 c 184 s 7;
(2) RCW 67.08.040 (Issuance of license) and 1993 c 278 s 14, 1975-'76 2nd ex.s. c 48 s 4, & 1933 c 184 s 10;
(3) RCW 67.08.130 (Failure to make report -- Additional tax -- Hearing -- Disciplinary action) and 2002 c 86 s 311, 1997 c 205 s 13,
1993 c 278 s 23, & 1933 c 184 s 19;
(4) RCW 67.08.220 (Unprofessional conduct--Order upon finding--Penalties--Costs) and 1997 c 205 s 19; and
(5) RCW 67.08.240 (Unprofessional conduct--What constitutes) and
1997 c 205 s 21.
NEW SECTION. Sec. 22 This act takes effect January 1, 2010.