Bill Text: CA AB1186 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Athletic Commission.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-10-03 - Chaptered by Secretary of State - Chapter 506, Statutes of 2013. [AB1186 Detail]

Download: California-2013-AB1186-Amended.html

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BILL NUMBER: AB 1186	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2013
	AMENDED IN SENATE  AUGUST 12, 2013
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  MAY 6, 2013
	AMENDED IN ASSEMBLY  APRIL 10, 2013

INTRODUCED BY   Assembly Member Bonilla
   (Coauthor: Assembly Member Jones)

                        FEBRUARY 22, 2013

   An act to amend Sections 18625, 18627,  18646,  and 18702
of, and to add Section 18770 to, the Business and Professions Code,
relating to business, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1186, as amended, Bonilla. State Athletic Commission.
   Under existing law, the State Athletic Commission Act, the State
Athletic Commission has jurisdiction over all professional and
amateur boxing, professional and amateur kickboxing, all forms and
combinations of forms of full contact martial arts contests,
including mixed martial arts, and matches or exhibitions conducted,
held, or given within this state. Existing law prohibits an event
from taking place without the prior approval of the commission.
Existing law prohibits a person from engaging in the promotion of, or
from participating in, a boxing or martial arts contest, match, or
exhibition without a license, except as specified. Existing law
 states that   requires  protection of the
public  shall   to  be the highest priority
for the commission.  A violation of the act is a crime. 

   Existing 
    Under existing  law  defines   ,
 "martial arts"  to include   means 
any combination of full contact martial arts including mixed martial
arts and defines "full contact" as the use of full unrestrained
physical force in a martial arts contest. Under existing law, a
"contest" is where full or partial contact is used or intended that
may result or is intended to result in physical harm to the opponent.
Under existing law, opponents are not required to use their best
efforts in any exhibition or sparring match.
   This bill would delete that provision relating to best efforts and
would specify that a contest  includes   refers
to  a professional or amateur contest where full contact is
used or intended  to   that may  result in
physical harm to the opponent. The bill would provide that an amateur
contest includes a contest where full contact is used, even if
unintentionally. The bill would define the term "full contact" to
mean the use of  full unrestrained  physical force
in a martial arts contest that may result or is intended to result in
physical harm to the opponent.  Because the bill would change
the definition of a crime, the bill would impose a state-mandated
local program.  
   Under existing law, the commission may authorize a nonprofit
boxing, wrestling, or martial arts club or organization, upon
approval of its bylaws, to administer the commission's rules for
amateur boxing, wrestling, and full contact martial arts contests and
thus waive direct application of the commission's laws if the
commission makes a specified finding.  
   This bill would provide that the commission may authorize one or
more nonprofit boxing, wrestling, or martial arts clubs or
organizations to administer its rules for amateur boxing, wrestling,
and full contact martial arts contests subject to those same
limitations. 
   Existing law authorizes the commission to license professional and
amateur martial arts fighters. Existing law prohibits a person under
18 years of age from participating as a contestant in any contest or
match or exhibition, except that any person 16 years of age or over
may be licensed as an amateur and may participate in an amateur
contest or match.
   This bill would  instead  prohibit a person under
18 years of age from participating as a contestant in any
professional contest or match or  exhibition and 
 exhibition. The bill would  authorize any person,
irrespective of age, to participate  as a contestant  in an
amateur contest, match, or exhibition subject  with the approval
of the commission  to that licensure authorization. The bill
would specify that the commission has jurisdiction over all forms and
 conditions   combinations  of forms of
full contact martial arts contests involving participants 18 years of
age or younger.
   Existing law authorizes the commission to appoint an advisory
committee to advise the commission on martial arts. Existing law
requires the advisory committee to be composed of members with prior
specified experience with kickboxing or full-contact martial arts
events.
   This bill would require the commission to establish  a
  an advisory  pankration subcommittee, consisting
of 3 commission members, to investigate the rules and conduct of
contests involving or claiming to involve pankration by persons under
18 years of age, or any style deemed by the subcommittee to be
sufficiently similar thereto. The bill would require the subcommittee
to meet and examine specified matters, including, but not limited
to, participant safety in pankration contests and whether legislation
should be enacted to impose age-based restrictions on those contest
participants.  The   By July 1, 2014, the 
bill would require the subcommittee to make recommendations to the
commission regarding any  administrative actions or statutory
  legislative  changes to be enacted that may be
necessary to improve its regulation and oversight of pankration
contests. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18625 of the Business and Professions Code is
amended to read:
   18625.  (a) As described in the specific provisions of the act,
whether referring to a professional or amateur contest or match, the
terms "contest" and "match" are synonymous, may be used
interchangeably, include boxing, kickboxing, and martial arts
exhibitions, and mean a fight, prizefight, boxing contest, pugilistic
contest, kickboxing contest, martial arts contest, or sparring
match, between two or more persons, where full contact is used or
intended that may result or is intended to result in physical harm to
the opponent.
    (b) (1) An amateur contest or match includes a contest or match
where full contact is used, even if unintentionally.
   (2) An amateur contest or match does not include light contact
karate, tae kwon do, judo, or any other light contact martial arts as
approved by the commission and recognized by the International
Olympic Committee as an Olympic sport.
  SEC. 2.  Section 18627 of the Business and Professions Code is
amended to read:
   18627.  (a) "Martial arts" means any form of karate, kung fu, tae
kwon do, kickboxing or any combination of full contact martial arts,
including mixed martial arts, or self-defense conducted on a full
contact basis where a weapon is not used.
   (b) "Kickboxing" means any form of boxing in which blows are
delivered with the hand and any part of the leg below the hip,
including the foot.
   (c) "Full contact" means the use of  full unrestrained
 physical force in a martial arts contest that may result or
is intended to result in physical harm to the opponent, including
any contact that does not meet the definition of light contact or
noncontact.
   (d) "Light contact" means the use of controlled martial arts
techniques whereby no contact to the face is permitted and no contact
is permitted which may result or is intended to result in physical
harm to the opponent.
   (e) "Noncontact" means that no contact occurs between either
contestant.
   SEC. 3.    Section 18646 of the   Business
and Professions Code   is amended to read: 
   18646.  (a) This chapter applies to all amateur boxing, wrestling,
and full contact martial arts contests.
   (b) The commission may, however, authorize  a 
 one or more  nonprofit boxing, wrestling, or martial arts
 club or organization,   clubs or organizations
  ,  upon approval of its bylaws, to administer its
rules for amateur boxing, wrestling, and full contact martial arts
contests, and may, therefore, waive direct commission application of
laws and rules, including licensure, subject to the commission's
affirmative finding that the standards and enforcement of similar
rules by  that   a  club or organization
meet or exceed the safety and fairness standards of the commission.
The commission shall review the performance of any such club or
organization annually.
   (c) Every contest subject to this section shall be preceded by a
physical examination, specified by the commission, of every
contestant. A physician  and surgeon  shall be in attendance
at the contest. There shall be a medical insurance program
satisfactory to the commission provided by  the 
 an  amateur club or organization in effect covering all
contestants. The commission shall review compliance with these
requirements.
   (d) Any club or organization which conducts, holds, or gives
amateur contests pursuant to this section, which collects money for
the event, shall furnish a written financial report of receipts and
disbursements within 90 days of the event.
   (e) The commission has the right to have present without charge or
restriction such representatives as are necessary to obtain
compliance with this section.
   (f) The commission may require any additional notices and reports
it deems necessary to enforce the provisions of this section.
   SEC. 3.   SEC. 4.   Section 18702 of the
Business and Professions Code is amended to read:
   18702.  (a) No person under 18 years of age shall participate as a
contestant in any professional contest or match or exhibition.
   (b) Any person, irrespective of age, may participate  as a
contestant  in an amateur contest, match, or exhibition 
with the approval of the commission  subject to Section 18642.
   (c) Consistent with Section 18640, the commission shall have
jurisdiction over all forms and combinations of forms of full contact
martial arts contests involving participants 18 years of age or
younger.
   SEC. 4.   SEC. 5.   Section 18770 is
added to the Business and Professions Code, to read:
   18770.  (a) (1) The commission shall establish  a
  an advisory  pankration subcommittee to
investigate the rules and conduct of contests involving or claiming
to involve pankration by persons under 18 years of age, or any style
deemed by the subcommittee to be sufficiently similar thereto.
   (2) The pankration subcommittee shall consist of three members of
the commission.
   (b) The subcommittee shall meet and examine the following matters,
including, but not limited to:
   (1) In general, the legality and safety of the contests described
in subdivision (a).
   (2) Whether or not legislation should be enacted to impose
age-based requirements or restrictions, which may include a
prohibition on participants engaging in the contests described in
subdivision (a).
   (3) Appropriate safety precautions for persons under 18 years of
age engaging in the contests described in subdivision (a).
   (c)  The   By July 1, 2014, the 
subcommittee shall make recommendations to the commission regarding
any  administrative actions or statutory  
legislative  changes to be enacted that may be necessary to
improve  its   the commission's  regulation
and oversight of the contests described in subdivision (a) in order
to adequately protect participants. 
  SEC. 6.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. 
   SEC. 5.   SEC. 7.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to make needed changes to the State Athletic Commission
Act as soon as possible, it is necessary that this act take effect
immediately.