BILL REQ. #:  H-1832.1 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to athletics, limited to boxing, martial arts, and wrestling that are 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, 67.08.130, 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; creating a new section; repealing RCW 67.08.010, 67.08.040, 67.08.110, 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:

Sec. 1   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) "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) "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, who has certification as a certified chiropractic sports physician or a diplomate American chiropractic board of sports physicians by the American chiropractic board of sports physicians and is working within the person's scope of practice.
     (4) "Department" means the department of licensing.
     (5) "Director" means the director of the department of licensing or the director's designee.
     (6) "Event" includes, but is not limited to, a boxing, wrestling, or martial arts contest, sparring, fisticuffs, match, show, or exhibition, whether amateur or professional.
     (7) "Event physician" means the physician ((licensed under RCW 67.08.100 and)) who is responsible for the activities described in RCW 67.08.090.
     (8) "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) "Gross receipts" means the amount received from the face value of all tickets sold and complimentary tickets redeemed.
     (10) (("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))) "Martial arts" means a type of boxing including kickboxing, 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 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.
     (11) "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, judo, sumo, jujitsu, and kung fu.
     (12) "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) "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) "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) "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) "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, martial arts, or wrestling event,)) other than an event held in compliance with section 4 of this act; or (b) shows ((or causes to be shown)) in this state a closed circuit telecast ((of a match involving a professional participant whether or not the telecast originates)) event originating in this state.
     (17) "Wrestling ((exhibition" or "wrestling show))" means a form of sports entertainment in which the participants 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) "Amateur event" means an event in which all the participants are "amateurs" and which is registered and sanctioned by:
     (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; or
     (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) "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)) more than one bout in any twenty-four hour period. The term does not include any event that complies with the provisions of RCW 67.08.015(2) (a) or (b).
     (20) "Bout" means a contest or match between contestants appearing at an event.
     (21) "Event fee" means the fee to be paid by the promoter for an event.
     (22) "Training facility" means a business that rents, leases, or owns a building or structure or portion thereof in the state that is used for martial arts training.

Sec. 2   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. 3   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.
     (2) All boxing, ((kickboxing,)) martial arts, or wrestling events that:
     (a) Are conducted by any ((common)) elementary or secondary 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)) elementary or secondary school, college, or university, within or without this state; ((or))
     (b) Are entirely amateur events as defined in RCW 67.08.002(18) and promoted on a nonprofit basis or for charitable purposes;
     (c) Do not charge an admission fee; or
     (d) Are exempted from licensure by rule;
are not subject to the licensing provisions of this chapter. A mixed martial arts event is not exempt from the licensing provisions of this chapter. The director may adopt rules addressing exemptions regarding whether or not specific martial arts are mixed martial arts for the purpose of applying licensing provisions.
     (3) 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)) chapter.
     (((3))) (4) 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. 4   (1) A training facility license allows the licensee to promote, conduct, and hold mixed martial arts events under the standards in this section. No promoter license is required to promote, conduct, or hold an event in compliance with this section. Contestants and officials are exempt from licensure for participation in events held in compliance with this section.
     (2) A training facility licensee must require all mixed martial arts contestants to:
     (a) Be amateurs;
     (b) Be at least ten years of age;
     (c) Wear full pads, including shin and instep pads, kneepads, and sparring style gloves weighing a minimum of six ounces per glove; and
     (d) Comply with the following safety standards:
     (i) Contestants ages ten through twelve shall not perform elbow strikes, knee blows to the head, wrist or ankle locks, strikes to an opponent's head while the opponent is on the ground, lower body submissions, or throwing or spiking an opponent onto the opponent's head.
     (ii) Contestants ages thirteen through fifteen shall not perform elbow strikes, knee blows to the head, wrist or ankle locks, twisting leg locks, strikes to an opponent's head while the opponent is on the ground, or throwing or spiking an opponent onto the opponent's head.
     (iii) Contestants ages sixteen and seventeen shall not perform elbow strikes, twisting leg locks, knee blows to the head, or throwing or spiking an opponent onto the opponent's head.
     (iv) Contestants age eighteen or older shall not perform elbow strikes to the head, twisting knee locks, knees to the head of a grounded opponent, or throwing or spiking an opponent onto the opponent's head.
     (3) Training facility licensees must:
     (a) Hold events only at venues open to all ages, if minors are allowed to compete;
     (b) Require an immediate end to any bout during which a wound sustained by a contestant does not cease bleeding within five cumulative minutes;
     (c) Use trained officials; and
     (d) Meet other standards adopted by the department by rule including any additional safety standards adopted by rule.
     (4) RCW 67.08.030, 67.08.050, 67.08.055, 67.08.060, 67.08.090, 67.08.130, 67.08.160, and 67.08.170 do not apply to events held in compliance with this section.
     (5) Training facility events not in compliance with this section are subject to all the requirements of this chapter except for this section.
     (6) The department may conduct random inspections of training facilities and training facility events to assure compliance with this chapter.

NEW SECTION.  Sec. 5   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; and
     (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; and
     (4) Establish and assess fines for violations of this chapter that may be subject to payment from a contestant's purse)).

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 contestant contracts as provided for herein and the observance of all rules of the department.
     (2) Boxing and 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)) contestants 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, the expiration date of the policy, and ((evidence)) wording that each ((participant)) contestant is covered by the insurance at the time of each event. 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 or 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 or 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 2009 c 429 s 1 are each amended to read as follows:
     (1) ((Any)) Ten days prior to the holding of any boxing or 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,)) contestant, and such other information as the department may require. ((Participant)) Contestant 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)) No later than 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 an event fee to be determined by the director pursuant to RCW 67.08.105. However, the event fee may not be less than twenty-five dollars. The event fee and license fees collected under this chapter shall be paid by the department into the business and professions account under RCW 43.24.150.

Sec. 9   RCW 67.08.055 and 2009 c 429 s 2 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)), martial arts, or wrestling ((exhibition or show)) event on a closed circuit telecast ((viewed within)) originating in 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 an event fee to be determined by the director pursuant to RCW 67.08.105. In no event, however, shall the event fee be less than twenty-five dollars. The event fee shall be immediately paid by the department into the business and professions account under RCW 43.24.150.

Sec. 10   RCW 67.08.060 and 1997 c 205 s 7 are each amended to read as follows:
     (1) 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. The director and inspectors shall not have any interest or connection, either direct or indirect, in the promotion of any event or contestant in this state. 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)).
     (2) At all times at all events, contestants, promoters, and all officials shall be under the direction of the director or its inspector.
     (3) The department shall also appoint all other event officials who shall carry a card evidencing their authority.
     (4) 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 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 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, pads, safety gear, and clean and sportsmanlike conduct for ((kickboxing)) boxing, 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.
     (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.)) A boxing((, kickboxing,)) or martial arts event may not be held unless an event physician ((licensed by the department)) or chiropractor is present throughout the event. In addition to the event physician, a chiropractor may be included as ((a licensed)) an official at a boxing((, kickboxing,)) or martial arts event. ((The promoter shall pay the chiropractor present at a boxing, kickboxing, or martial arts event.
     (3))) (2) Any physician ((licensed under RCW 67.08.100)) or chiropractor may be selected by the department as the event physician. The event physician or chiropractor present at any ((contest)) event shall have authority to stop any ((event)) bout when in the event physician's or chiropractor'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 contestant for a boxing or martial arts event shall receive a prefight physical before an event and within a time frame specified in rule. The prefight physical shall be performed by the event physician or chiropractor who 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. A contestant whose physical condition is not approved by the event physician or chiropractor may not be permitted to participate in the event.
     (4) Each contestant for boxing, ((kickboxing,)) 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. A portable breath test 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 contestant has consumed or is affected by alcoholic beverages. Contestants 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 portable breath 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)) 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 or chiropractor be present at a wrestling event. The department may have a contestant in a wrestling event examined by the event physician or chiropractor prior to the event. A contestant in a wrestling event whose condition is not approved by the event physician or chiropractor 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 contestant; (d) second; (e) wrestling participant; (f) inspector; (g) judge; (h) timekeeper; (i) announcer; (j) ((event physician; (k) chiropractor; (l))) referee; (((m))) (k) matchmaker; (((n) kickboxer)) (l) instructor; ((and (o))) (m) martial arts ((participant)) contestant; and (n) training facility.
     (2) ((The application for the following types of licenses)) With the application, a contestant and referee shall include a physical performed by a physician, ((as defined in RCW 67.08.002,)) which was performed by the physician ((with)) within a time period preceding the application as specified by rule((: (a) Boxer; (b) wrestling participant; (c) kickboxer; (d) martial arts participant; and (e) referee)). A boxing contestant must present with the application proof of having a federal identification card. Except for a contestant at a training facility event, a martial arts contestant must present with the application proof of having a national identification card.
     (3) An applicant or licensee upon renewal for the following types of licenses: Judge; referee; timekeeper; or other official deemed necessary by the department for the sports of boxing((, kickboxing,)) and martial arts shall either:
     (a)(i) Provide annual proof of training in the subject matter or the license that is applied for in a curriculum approved by the department by rule; and
     (ii) Annual certification as having adequate experience, skill, and training for the license applied for from an organization that is 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)); or
     (b) Provide annual proof of an active license in good standing from another state or a country in the same category as the license that is being applied for or renewed.
     (4) An applicant or licensee upon renewal for an inspector or an instructor license shall meet qualifications as determined by rule.
     (5) An applicant or licensee upon renewal for a training facility license shall be required to provide proof of ownership of the business and such other information as the department may require. An applicant must have been engaged in the business of a training facility in the state for at least two years to be granted a license.
     (6) No person shall participate or serve in any of the above capacities unless licensed or exempted as provided in this chapter.
     (((5) The referees, judges, timekeepers, event physicians, chiropractors, and inspectors)) (7) All officials for any boxing((, kickboxing,)) or martial arts event other than an event held in compliance with section 4 of this act and wrestling events shall be ((designated)) appointed by the department ((from among licensed officials)).
     (((6))) (8) The referee for any wrestling event shall be provided by the promoter and shall be licensed as a wrestling ((participant)) contestant.
     (((7))) (9) 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))) (10) The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.
     (11) A person may not be issued a license if the person has an unpaid fine, related to boxing, martial arts, or wrestling, outstanding to the department.
     (((9))) (12) A person may not be issued a license unless they are at least eighteen years of age.
     (((10))) (13)(a) 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.
     (b) This section applies to contestants in amateur mixed martial arts events. Upon request of the department, a promoter, contestant, or participant shall provide sufficient information to reasonably determine whether this chapter applies.

Sec. 14   RCW 67.08.130 and 2002 c 86 s 311 are each amended to read as follows:
     Whenever any licensee shall fail to make a report of any event within the time prescribed by this chapter or when such report is unsatisfactory to the department, the director may 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 event and the amount of ((tax)) fee thereon. If, upon the completion of such examination it shall be determined that an additional ((tax)) fee is due, notice thereof shall be served upon the licensee, providing the licensee with an opportunity to request a hearing under chapter 34.05 RCW. The failure to request a hearing within twenty days of service of the notice constitutes a default, whereupon the director will enter a decision on the facts available. Failure to pay such additional ((tax)) fee within twenty days after service of a final order constitutes unprofessional conduct and the licensee may be subject to disciplinary action against its license and shall be disqualified from receiving any new license.

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, martial arts, or wrestling events within this state without having first obtained ((a)) the applicable license ((therefor in the manner provided by)) under this chapter is in violation of this chapter and shall be guilty of a misdemeanor excepting the events and persons excluded from the ((operation)) licensing requirement of this chapter ((by 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 and a minimum of two attendants present at the event location. The ambulance or paramedical unit, and attendants, must be present for the duration of the event until the completion of all postfight physicals.

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.
     (2))) The deliberate cutting ((of himself or herself)) or other ((self)) mutilation of any person by a wrestling ((participant)) contestant 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 at a wrestling event.
     (5) The striking of any person other than the approved bout opponent at an event.
     (6) Conducting or participating in any boxing or martial arts sham or fake 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 67.08.110 (Unprofessional conduct -- Sham or fake event) and 2002 c 86 s 310, 1999 c 282 s 8, 1997 c 205 s 11, 1993 c 278 s 21, 1989 c 127 s 11, & 1933 c 184 s 17;
     (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   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. 23   Sections 4 and 5 of this act are each added to chapter 67.08 RCW.

NEW SECTION.  Sec. 24   Sections 1 through 23 of this act take effect January 1, 2012.

NEW SECTION.  Sec. 25   The director of the department of licensing may take such steps as are necessary to ensure that this act is implemented on January 1, 2012.