RCW 67.08.002
Definitions.
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) "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 and any similar amateur sanctioning organization, recognized and licensed by the department as exclusively or primarily dedicated to advancing the sport of amateur 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.
(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.
(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.
(5) "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.
(6) "Department" means the department of licensing.
(7) "Director" means the director of the department of licensing or the director's designee.
(8) "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).
(9) "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.
(10) "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
.
(11) "Event physician" means the physician licensed under RCW 67.08.100
and who is responsible for the activities described in RCW 67.08.090
.
(12) "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.
(13) "Gross receipts" means the amount received from the face value of all tickets sold and complimentary tickets redeemed.
(14) "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.
(15) "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.
(16) "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.
(17) "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.
(18) "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.
(19) "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.
(20) "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 professional or amateur mixed martial arts participants whether or not the telecast originates in this state.
(21) "Theatrical wrestling" means the performance of sports entertainment in which:
(a) Two or more participants work together in a performance of mock combat in a ring for the purpose of entertainment; and
(b)(i) The outcome is predetermined; and/or
(ii) The participants do not necessarily strive to win.
(22) "Theatrical wrestling school" means a facility that offers training in theatrical wrestling.
(23) "Training facility" means a facility that:
(a) Offers training in one or more of the mixed martial arts; and
(b) Holds exhibitions in which all the participants are amateurs and where an admission fee is charged.
(24) "Wrestling exhibition," "wrestling show," or "wrestling event" means a demonstration of theatrical wrestling presented to the public.
[
2017 c 46 s 1
. Prior:
2012 c 99 s 1
;
2004 c 149 s 1
;
2002 c 147 s 1
;
1999 c 282 s 2
;
1997 c 205 s 1
;
1993 c 278 s 8
;
1989 c 127 s 1
.]
NOTES:
Findings
—
2017 c 46:
See note following RCW 67.08.330
.
Effective date
—
2004 c 149:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2004]." [
2004 c 149 s 3
.]
Effective date
—
2002 c 147:
"This act takes effect January 1, 2003." [
2002 c 147 s 4
.]
RCW 67.08.007
Officers, employees, inspectors.
The department may employ and fix the compensation of such officers, employees, and inspectors as may be necessary to administer the provisions of this chapter as amended.
[
1993 c 278 s 9
;
1959 c 305 s 2
;
1933 c 184 s 4
; RRS s 8276-4. Formerly RCW 43.48.040
.]
RCW 67.08.010
Licenses for boxing, martial arts, and wrestling events
—
Telecasts.
The department shall have power to issue and take disciplinary action as provided in RCW 18.235.130
against a license to conduct, hold, or promote boxing, martial arts, or wrestling events or closed circuit telecasts of these events as provided in this chapter and chapter
18.235
RCW under such terms and conditions and at such times and places as the department may determine.
[
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
; RRS s 8276-7. Prior:
1909 c 249 s 304
;
1890 p 109 s 1
;
1886 p 82 s 1
.]
NOTES:
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.015
Duties of department
—
Exemptions
—
Rules.
(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), excluding events described in *RCW 67.08.002
(18)(g);
are not subject to the 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.
[
2012 c 99 s 2
;
2004 c 149 s 2
;
2002 c 86 s 306
;
2000 c 151 s 2
;
1999 c 282 s 3
;
1997 c 205 s 3
;
1993 c 278 s 12
;
1989 c 127 s 14
;
1977 c 9 s 2
. Prior: 1975-'76 2nd ex.s. c 48 s 3;
1975 c 1 s 1
;
1973 c 53 s 1
;
1951 c 48 s 2
.]
NOTES:
*Reviser's note:
RCW 67.08.002
was alphabetized pursuant to RCW 1.08.015
(2)(k), changing subsection (18) to subsection (2).
Effective date
—
2004 c 149:
See note following RCW 67.08.002
.
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.017
Director
—
Powers.
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;
(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.
[
2012 c 99 s 3
;
2002 c 86 s 307
;
1997 c 205 s 4
;
1993 c 278 s 11
.]
NOTES:
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.030
Promoters
—
Bond
—
Medical insurance.
(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, the payment of the taxes, officials, and contracts as provided for herein and the observance of all rules of the department.
(2) Boxing 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 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 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 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 event if the promoter fails to provide proof of medical insurance within the proper time frame.
[
1997 c 205 s 5
;
1993 c 278 s 13
;
1989 c 127 s 6
;
1933 c 184 s 9
; RRS s 8276-9.]
RCW 67.08.040
Issuance of license.
Upon the approval by the department of any application for a license, as hereinabove provided, and the filing of the bond the department shall forthwith issue such license.
[
1993 c 278 s 14
; 1975-'76 2nd ex.s. c 48 s 4;
1933 c 184 s 10
; RRS s 8276-10.]
RCW 67.08.050
Statement and report of event
—
Event fee
—
Complimentary tickets.
(1) Any promoter shall within seven days prior to the holding of any event file with the department a 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. Participant changes regarding a wrestling event 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.
(2) Upon the termination 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 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. A promoter is not required to pay an event fee for promoting an amateur event as defined in *RCW 67.08.002
(18)(g). 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
.
[
2012 c 99 s 4
;
2009 c 429 s 1
;
2000 c 151 s 1
;
1999 c 282 s 4
;
1997 c 205 s 6
;
1993 c 278 s 15
;
1989 c 127 s 7
;
1933 c 184 s 11
; RRS s 8276-11. FORMER PART OF SECTION:
1939 c 54 s 1
; RRS s 8276-11a, now footnoted below.]
NOTES:
*Reviser's note:
RCW 67.08.002
was alphabetized pursuant to RCW 1.08.015
(2)(k), changing subsection (18) to subsection (2).
Emergency
—
Effective date
—
1939 c 54:
"That this act is necessary for the immediate support of the state government and its existing public institutions and shall take effect April 1, 1939." [
1939 c 54 s 6
; no RRS.]
RCW 67.08.055
Simultaneous or closed circuit telecasts
—
Report
—
Event fee.
Every licensee who charges and receives an admission fee for exhibiting a simultaneous telecast of any live, current, or spontaneous boxing or sparring match, or wrestling exhibition or show on a closed circuit telecast viewed within this state shall, within seventy-two hours after such event, furnish to the 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 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
.
[
2009 c 429 s 2
;
1993 c 278 s 16
;
1989 c 127 s 15
; 1975-'76 2nd ex.s. c 48 s 5.]
RCW 67.08.060
Inspectors
—
Duties
—
Fee and travel expenses for attending events.
The department may appoint official inspectors at least one of which, in the absence of a member of the department, 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. Each inspector shall receive a fee and travel expenses from the promoter to be set by the director for each event officially attended.
[
1997 c 205 s 7
;
1993 c 278 s 17
;
1989 c 127 s 16
;
1988 c 19 s 2
; 1975-'76 2nd ex.s. c 34 s 154;
1959 c 305 s 4
;
1933 c 184 s 12
; RRS s 8276-12.]
NOTES:
Effective date
—
Severability
—
1975-'76 2nd ex.s. c 34:
See notes following RCW 2.08.115
.
RCW 67.08.080
Rounds and bouts limited
—
Weight of gloves
—
Rules.
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 one minute intermission between each round. In the event of bouts involving state, regional, national, 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 sporting 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 and clean and sporting conduct for kickboxing, martial arts, or wrestling events.
[
2013 c 23 s 177
;
1999 c 282 s 5
;
1997 c 205 s 8
;
1993 c 278 s 18
;
1989 c 127 s 8
;
1974 ex.s. c 45 s 1
;
1959 c 305 s 5
;
1933 c 184 s 14
; RRS s 8276-14.]
RCW 67.08.090
Physician's attendance
—
Examination of contestants
—
Urinalysis.
(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, 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
.
[
2012 c 99 s 5
. Prior:
2002 c 147 s 2
;
2002 c 86 s 308
;
1999 c 282 s 6
;
1997 c 205 s 9
;
1993 c 278 s 19
;
1989 c 127 s 9
;
1933 c 184 s 15
; RRS s 8276-15.]
NOTES:
Effective date
—
2002 c 147:
See note following RCW 67.08.002
.
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.100
Annual licenses
—
Fees
—
Qualifications
—
Revocation
—
Exceptions.
(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; (o) martial arts participant; (p) training facility; (q) amateur sanctioning organization; and (r) theatrical wrestling school.
(2) The application for the following types of licenses includes 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 must 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 may 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 must be designated by the department from among licensed officials.
(6) The referee for any wrestling event must be provided by the promoter and must be licensed as a wrestling participant.
(7) The department must 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 is 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 outstanding to the department.
(9) A person may not be issued a license unless they are at least eighteen years of age.
(10)(a) This section does not apply to:
(i) Contestants or participants in events at which only amateurs are engaged in contests;
(ii) Wrestling participants engaged in training or a wrestling show at a theatrical wrestling school; and
(iii) Fraternal organizations and/or veterans' organizations chartered by congress or the defense department, excluding any recognized amateur sanctioning body recognized by the department.
(b) Upon request of the department, a promoter, contestant, or participant must provide sufficient information to reasonably determine whether this chapter applies.
[
2018 c 199 s 102
;
2017 c 46 s 3
;
2012 c 99 s 6
. Prior:
2002 c 147 s 3
;
2002 c 86 s 309
;
2001 c 246 s 1
;
1999 c 282 s 7
; prior:
1997 c 205 s 10
;
1997 c 58 s 864
;
1993 c 278 s 20
;
1989 c 127 s 10
;
1959 c 305 s 6
;
1933 c 184 s 16
; RRS s 8276-16. FORMER PART OF SECTION: 1933 c 184 s 20, part; RRS s 8276-20, part, now codified in RCW 67.08.025
.]
NOTES:
Findings
—
Intent
—
2018 c 199:
"The legislature finds that an educated workforce is essential for the state's economic development. By 2020 seventy percent of available jobs in Washington will require at least a postsecondary credential. According to the 2015 A Skilled and Educated Workforce report, bachelor degree production in high-demand fields, such as science, technology, engineering, mathematics, and health, does not meet the demand of Washington's employers. The state has also set educational attainment goals to recognize the need and benefits of an educated workforce. College degree holders have higher incomes, better financial health, and are more likely to be homeowners than those who do not have college degrees. In fact, young adults aged twenty-two to thirty-five with a college degree are fifty percent more likely to own a home than those without a degree.
However, the legislature finds that the cost of higher education has risen dramatically in recent years. Between 2003 and 2013, the price index of tuition rose eighty percent, three times the increase in the consumer price index and nearly double the increase in the medical price index over the same period. The legislature also finds that students are financing their education with more student loan debt. According to the institute for college access and success' project on student debt, in 2014 fifty-eight percent of recent graduates in Washington had debt, and the average federal student loan debt load for a student graduating from a four-year public or private institution of higher education was twenty-four thousand eight hundred dollars. This is an increase of forty-two percent since 2004, when the average debt load was seventeen thousand four hundred dollars. These averages do not take into account additional private loans that many students take out to supplement their federal loans.
Student loan debt can greatly impact the economic benefits of earning a college degree. Surveys indicate that people burdened by student loan debt are less likely to buy a home; get married and start a family; start a small business; pursue lower paying professions such as teaching, nonprofit work, or social work; or even continue their education. The legislature finds that these decisions create a chain reaction of economic and social impact to the state.
The legislature recognizes that student loan debt is very different from other forms of debt, such as auto loans and home mortgages, for a variety of reasons. With most debt, borrowers know beforehand how much their monthly payment will be. However, student loans are more complicated because a student may borrow different amounts term to term and make decisions on an incremental basis as their financial aid packages, work, and living situations change. In addition, student loans may have origination fees, accumulated and capitalized interest, grace and forbearance periods, and income-based repayment options that all change the monthly payment amount. The legislature recognizes that another major difference with student loan debt is the unknown factor: Students take out the debt without having a clear idea of their future income and other financial obligations. Lastly, if a student has trouble repaying a student loan, the loans are not secured with physical property that can be sold, and in the event of bankruptcy, are nearly impossible to discharge.
According to the United States department of education, Washington students are defaulting on their federal student loans at roughly the same rate as the national average. For the cohort that entered into repayment on their federal student loans in 2013, ten percent, or seven thousand seven hundred forty-six students, fell into default during the fiscal year ending September 30, 2016, just under the national average of eleven percent.
The consequences of default can haunt student loan borrowers for years unless they are able to rehabilitate their loans. These consequences may include suspension of the borrower's professional license; excessive contact from collection agencies; garnishment of wages and bank accounts; as well as seizing of the borrower's tax refund and other federal payments, such as social security retirement, and disability benefits. Defaulting on a student loan damages a borrower's credit, making it difficult to qualify for a mortgage or auto loan, rent an apartment, and even find employment, closing people off from the resources they need for financial stability.
The legislature acknowledges that the state currently allows regulators of twenty-six professions to suspend the professional licenses or certificates of student loan borrowers who have defaulted on their loans. In 2015 the department of licensing reported one hundred ten license suspensions for student loan default within the eleven professions it regulates, most of which were in the field of cosmetology. Twenty-one states have similar laws, but recently some states have repealed their laws or introduced legislation to do so, recognizing that license suspension hinders a borrower's ability to repay. It is the legislature's intent to repeal the statutes regarding professional license or certificate suspension and intends for those who had their license or certificate suspended to be eligible to have their license or certificate reinstated.
The legislature also finds that Washington state has high postjudgment interest rates and generous wage and bank account garnishment rates that negatively impact private student loan borrowers who default. Studies indicate that wage and bank account garnishment contributes to financial and employment instability, unemployment, bankruptcy, homelessness, and chronic stress. Washington's high interest and garnishment rates also increase the courts' caseload by making it more attractive for lenders of private student loans to sue a borrower in court and obtain a judgment than to negotiate an agreement or settlement with the borrower.
Washington state's postjudgment interest rate was set at twelve percent in 1980 when the prime interest rate was fifteen percent. The current prime interest rate stands at three and one-half percent. In addition, the state's current postjudgment rate on torts is around three percent.
Regarding wage garnishment, many states, such as Texas, Pennsylvania, and South Carolina do not allow for wage garnishment for consumer debt. For federal student loans, the department of education can garnish up to fifteen percent of a borrower's disposable income, but not more than thirty times the minimum wage. In Washington, a borrower can have twenty-five percent of his or her disposable earnings garnished, or thirty-five times the federal minimum wage. As for bank account exemptions, Massachusetts protects two thousand five hundred dollars from garnishment compared to Washington's current exemption of five hundred dollars. To put this figure into perspective, the average rent in the Seattle metropolitan area is two thousand eighty-seven dollars.
Therefore, it is the legislature's intent to help student loan borrowers in default avoid loss of professional license or certification, which hinders repayment. It is also the legislature's intent to help student loan borrowers in default to maintain financial stability and to avoid the hardships of bank account and wage garnishment by making the postjudgment interest rate for private student loan debt more comparable to the market rate and by increasing the exemptions for bank account and wage garnishments." [
2018 c 199 s 1
.]
Short title
—
2018 c 199:
"This act may be known and cited as the student opportunity, assistance, and relief act." [
2018 c 199 s 301
.]
Findings
—
2017 c 46:
See note following RCW 67.08.330
.
Effective date
—
2002 c 147:
See note following RCW 67.08.002
.
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
Short title
—
Part headings, captions, table of contents not law
—
Exemptions and waivers from federal law
—
Conflict with federal requirements
—
Severability
—
1997 c 58:
See RCW 74.08A.900
through
74.08A.904
.
Effective dates
—
Intent
—
1997 c 58:
See notes following RCW 74.20A.320
.
RCW 67.08.105
License, renewal, and event fees.
The department shall set license, renewal, and event fees by rule in amounts that, pursuant to the fee policy established in RCW 43.24.086, when combined with all license and fee revenue under this chapter, are sufficient to defray the costs of the department in administering this chapter.
[
2009 c 429 s 3
;
1999 c 282 s 1
.]
RCW 67.08.110
Unprofessional conduct
—
Sham or fake event.
(1) Any person or any member of any group of persons or corporation promoting events who shall participate directly or indirectly in the purse or fee of any manager of any participants or any participant and any licensee who shall conduct or participate in any sham or fake 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
.
[
2012 c 99 s 7
;
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
; RRS s 8276-17.]
NOTES:
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.130
Failure to make report
—
Additional tax
—
Hearing
—
Disciplinary action.
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 thereon. If, upon the completion of such examination it shall be determined that an additional tax is due, notice thereof shall be served upon the licensee, 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 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.
[
2002 c 86 s 311
;
1997 c 205 s 13
;
1993 c 278 s 23
;
1933 c 184 s 19
; RRS s 8276-19.]
NOTES:
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.140
Penalty for conducting events without license
—
Penalty.
Any person, club, corporation, organization, association, fraternal society, participant, or promoter conducting or participating in boxing 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 events excluded from the operation of this chapter by RCW 67.08.015
.
[
2002 c 86 s 312
;
1997 c 205 s 14
;
1993 c 278 s 24
;
1989 c 127 s 17
;
1988 c 19 s 3
;
1959 c 305 s 7
;
1951 c 48 s 1
;
1933 c 184 s 22
; RRS s 8276-22.]
NOTES:
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.150
General penalty.
Any person, firm or corporation violating any of the provisions of this chapter for which no penalty is herein provided shall be guilty of a misdemeanor.
[
1933 c 184 s 24
; RRS s 8276-24.]
RCW 67.08.160
Ambulance or paramedical unit at location.
(1) A promoter must have an ambulance or paramedical unit present at the event location.
[
2017 c 46 s 4
;
1999 c 282 s 10
;
1989 c 127 s 2
.]
NOTES:
Findings
—
2017 c 46:
See note following RCW 67.08.330
.
RCW 67.08.170
Security
—
Promoter's responsibility.
A promoter shall ensure that adequate security personnel are in attendance at 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.
[
2012 c 99 s 8
;
1997 c 205 s 15
;
1993 c 278 s 25
;
1989 c 127 s 3
.]
RCW 67.08.180
Unprofessional conduct
—
Prohibited acts.
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 by a wrestling participant while participating in a wrestling event.
(3) A conviction under chapter
69.50
RCW.
(4) Testing positive for illegal use of a controlled substance as defined in RCW 69.50.101
.
(5) The striking of any person that is not a licensed participant at a wrestling event.
[
2002 c 86 s 313
;
1997 c 205 s 16
;
1989 c 127 s 4
.]
NOTES:
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.200
Unprofessional conduct
—
Written complaint
—
Investigation
—
Immunity of complainant.
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, 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.
[
1997 c 205 s 17
.]
RCW 67.08.220
Unprofessional conduct
—
Order upon finding
—
Penalties
—
Costs.
Upon a finding that a license holder or applicant has committed unprofessional conduct the director may issue an order providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite term;
(3) Requiring the satisfactory completion of a specific program of remedial education;
(4) Compliance with conditions of probation for a designated period of time;
(5) Payment of a fine not to exceed five hundred dollars for each violation of this chapter;
(6) Denial of the license request;
(7) Corrective action, including paying contestants the contracted purse or compensation; or
(8) Refund of fees billed to and collected from the consumer.
Any of the actions under this section may be totally or partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.
[
1997 c 205 s 19
.]
RCW 67.08.240
Unprofessional conduct
—
What constitutes.
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 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.
[
2012 c 99 s 9
;
1997 c 205 s 21
.]
RCW 67.08.300
Immunity of director and director's agents.
The director or individuals acting on the director's behalf 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.
[
2002 c 86 s 314
;
1997 c 205 s 24
.]
NOTES:
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.310
Uniform regulation of business and professions act.
The uniform regulation of business and professions act, chapter
18.235
RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[
2002 c 86 s 315
.]
NOTES:
Effective dates
—
2002 c 86:
See note following RCW 18.08.340
.
Part headings not law
—
Severability
—
2002 c 86:
See RCW 18.235.902
and
18.235.903
.
RCW 67.08.320
Military training or experience.
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[
2011 c 351 s 21
.]
RCW 67.08.321
Spouses of military personnel
—
Licensure.
The director shall develop rules consistent with RCW 18.340.020
for the licensure of spouses of military personnel.
[
2011 2nd sp.s. c 5 s 8
.]
NOTES:
Implementation
—
2011 2nd sp.s. c 5:
See note following RCW 18.340.010
.
RCW 67.08.330
Theatrical wrestling schools
—
Wrestling shows.
(1) A theatrical wrestling school may hold wrestling shows at the school facility for training purposes and may charge an admission fee without a promoter license.
(2) A theatrical wrestling school may hold a limited number of wrestling shows for training purposes off the school premises and may charge a fee without a promoter license.
(3) Any wrestling show presented by a theatrical wrestling school must feature at least eighty percent amateur participants and must have an ambulance or paramedical unit or an emergency medical technician licensed under RCW 18.73.081
at the event location.
(4) The department must promulgate rules to implement this section.
[
2017 c 46 s 2
.]
NOTES:
Findings
—
2017 c 46:
"(1) The legislature finds that theatrical wrestling, like circus arts, is an art form that promotes the economic and cultural vitality of the state of Washington. Theatrical wrestling has a long history in Washington, and while large-scale professional wrestling companies have dominated the field in recent years, independent theatrical wrestling again has the potential to thrive in this state. Legislation and rule making should reflect the economic and cultural potential of theatrical wrestling.
(2) The legislature further finds that theatrical wrestling can be safe for both participants and spectators. Safety requirements aimed at more dangerous and daring forms of sport and entertainment are unduly burdensome on theatrical wrestling promoters. Additionally, it is important to adequately train the next generation of theatrical wrestlers to foster safety and skill in theatrical wrestling.
(3) The legislature finds that a theatrical wrestling school license will create opportunity for a new generation of luchadores, faces, and heels to create economic and cultural vitality in Washington. Finally, reducing the medical personnel requirement for wrestling shows will preserve the safety of participants and spectators while fostering the ability of independent theatrical wrestling promoters to build an audience in Washington and create new artistic opportunities for Washington residents.
(4) The legislature finds that Washington is ready to rumble." [
2017 c 46 s 5
.]
RCW 67.08.902
Effective date
—
1993 c 278.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
[
1993 c 278 s 28
.]