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 6, 2013
	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
requires protection of the public to be the highest priority for the
commission. A violation of the act is a crime.
   Under existing law, "martial arts" 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 refers to a professional or amateur
contest where full contact is used or intended 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 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   specify  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 prohibit a person under 18 years of age from
participating as a contestant in any professional contest or match or
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  subject  to that licensure authorization. The
bill would specify that the commission has jurisdiction over all
forms and 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 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. By July
1, 2014, the bill would require the subcommittee to make
recommendations to the commission regarding any legislative changes
to be enacted that may be necessary to improve its regulation and
oversight of pankration contests. 
   This bill would incorporate additional changes to Section 18646 of
the Business and Professions Code made by this bill and SB 309 to
take effect if both bills are chaptered and this bill is chaptered
last.
   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: 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 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 one or more nonprofit
boxing, wrestling, or martial arts 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 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 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. 3.5.    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, organizations,
or sanctioning bodies,  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  , or
sanctioning body  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  , or sanctioning body  in effect covering all
contestants. The commission shall review compliance with these
requirements.
   (d) Any club  or   ,  organization
 which   , or sanctioning body that 
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. 
   (g) The commission, at its discretion, may rescind previously
approved authorization of a nonprofit boxing, wrestling, or martial
arts club, organization, or sanctioning body to administer its rules
for amateur boxing, wrestling, and full contact martial arts
contests. 
  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. 5.  Section 18770 is added to the Business and Professions
Code, to read:
   18770.  (a) (1) The commission shall establish 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) By July 1, 2014, the subcommittee shall make recommendations
to the commission regarding any legislative changes to be enacted
that may be necessary to improve the commission's regulation and
oversight of the contests described in subdivision (a) in order to
adequately protect participants.
   SEC. 6.    Section 3.5 of this bill incorporates
amendments to Section 18646 of the Business and Professions Code
proposed by both this bill and SB 309. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2014, but this bill becomes operative first, (2) each bill
amends Section 18646 of the Business and Professions Code, and (3)
this bill is enacted after SB 309, in which case Section 18646 of the
Business and Professions Code, as amended by Section 3 of this bill,
shall remain operative only until the operative date of SB 309, at
which time Section 3.5 of this bill shall become operative. 
   SEC. 6.   SEC. 7.   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. 7.   SEC. 8.   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.