BILL REQ. #:  H-3993.1 

READ FIRST TIME 01/31/12.   

     AN ACT Relating to boxing, martial arts, and wrestling; amending RCW 67.08.002, 67.08.015, 67.08.017, 67.08.110, 67.08.170, and 67.08.240; and reenacting and amending RCW 67.08.090 and 67.08.100.

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.
     (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 professional boxing, wrestling, or martial arts or an amateur mixed martial arts contest, sparring, fisticuffs, match, show, or exhibition.
     (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 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.
     (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 produces, arranges, stages, holds, or gives an event in this state involving a professional boxing, martial arts, or wrestling event or amateur mixed martial arts event, or shows or causes to be shown in this state a closed circuit telecast of a match involving ((a)) professional or amateur mixed martial arts participants whether or not the telecast originates in this state.
     (17) "Wrestling exhibition" or "wrestling show" means a form of sports entertainment in which the participants display their skills in a physical 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.
     (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;
     (f) Any similar organization nationally recognized by the United States Olympic Committee;
     (g) United Full Contact Federation((;
     (g))) and any similar amateur sanctioning organization, recognized and licensed by the department as exclusively or primarily dedicated to advancing the sport of amateur ((boxing, kickboxing, or)) mixed martial arts, as those sports are defined in this section and where the promoter, officials, and participants are licensed under this chapter; or
     (h) Local affiliate of any organization identified in (a) through (f) of 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. The term does not include any event that complies with the provisions of RCW 67.08.015(2) (((a) or (b))).
     (20) "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" is a type of martial arts that does not include martial arts such as tae kwon do, karate, judo, sumo, jujitsu, and kung fu.
     (21) "Training facility" means a facility that offers training in one or more of the mixed martial arts and holds exhibitions in which all the participants are amateurs and where an admission fee is charged.
     (22) "Event chiropractor" means the chiropractor licensed under RCW 67.08.100 and who is operating in a supporting role to the event physician who is responsible for the activities described in RCW 67.08.090.

Sec. 2   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 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 entirely amateur events as defined in RCW 67.08.002(18) ((and promoted on a nonprofit basis or for charitable purposes)), excluding events described in RCW 67.08.002(18)(g);
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.

Sec. 3   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 and amateur 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;
     (5) Establish licensing requirements; and
     (6) Adopt rules regarding whether or not specific martial arts are mixed martial arts for the purpose of applying licensing provisions.

Sec. 4   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 is present throughout the event. In addition to the event physician, ((a)) an event chiropractor may be included as a licensed official at a boxing, kickboxing, or martial arts event. The promoter shall pay the event chiropractor present at a boxing, kickboxing, or martial arts event.
     (3) Any physician licensed under RCW 67.08.100 may be selected by the department as the event physician. The event physician present at any contest shall have authority to stop any event 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) 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. In addition to the unprofessional conduct specified in RCW 18.235.130, an applicant or licensee who refuses or fails to submit to the 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.

Sec. 5   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; (d) second; (e) wrestling participant; (f) inspector; (g) judge; (h) timekeeper; (i) announcer; (j) event physician; (k) event chiropractor; (l) referee; (m) matchmaker; (n) kickboxer; ((and)) (o) martial arts participant; (p) training facility; and (q) amateur sanctioning organization.
     (2) The application for the following types of licenses 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 for the following types of licenses for the sports of boxing, kickboxing, and martial arts shall provide annual proof of certification as having adequate experience, skill, and training 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 for any boxing, kickboxing, or martial arts event shall be designated 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) 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 may 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 is automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.
     (9) A person may not be issued a license if the person has an unpaid fine outstanding to the department.
     (((9))) (10) A person may not be issued a license unless they are at least eighteen years of age.
     (((10))) (11) 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)) excluding 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. 6   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)) 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)) 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 martial arts participant who allows any person or any group of persons or corporation promoting boxing, kickboxing, or martial arts events to participate directly or indirectly in the purse or fee, or any boxer, kickboxer, or martial arts participant or other licensee who conducts or participates in any sham or fake boxing, kickboxing, or martial arts event has engaged in unprofessional conduct and is subject to the sanctions specified in RCW 18.235.110.

Sec. 7   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 at ((a wrestling or boxing)) an event 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 department.

Sec. 8   RCW 67.08.240 and 1997 c 205 s 21 are each amended to read as follows:
     The following conduct, acts, or conditions constitute unprofessional conduct for a license holder or applicant under this chapter:
     (1) Conviction of a gross misdemeanor, felony, or the commission of an act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. This section does not abrogate rights guaranteed under chapter 9.96 RCW;
     (2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement of a license;
     (3) Advertising that is false, fraudulent, or misleading;
     (4) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;
     (5) Suspension, revocation, or restriction of a license to act as a professional or amateur athletic licensee by competent authority in a state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;
     (6) Violation of a statute or administrative rule regulating professional or amateur athletics;
     (7) Failure to cooperate with the department's investigations by:
     (a) Not furnishing papers or documents;
     (b) Not furnishing in writing a full and complete explanation regarding a matter under investigation by the department; or
     (c) Not responding to subpoenas issued by the department, whether or not the recipient of the subpoena is the subject of the proceeding;
     (8) Failure to comply with an order issued by the director or an assurance of discontinuance entered into by the director;
     (9) Aiding or abetting an unlicensed person to act in a manner that requires a professional or amateur athletics ((licensee [license])) license;
     (10) Misrepresentation or fraud in any aspect of the conduct of a professional athletics or amateur event; and
     (11) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the department or by the use of threats or harassment against any person to prevent them from providing evidence in a disciplinary proceeding or other legal action.