Bill Text: CA SB469 | 2015-2016 | 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: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-21 - Chaptered by Secretary of State. Chapter 316, Statutes of 2015. [SB469 Detail]

Download: California-2015-SB469-Amended.html

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BILL NUMBER: SB 469	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2015

INTRODUCED BY   Senator Hill

                        FEBRUARY 25, 2015

   An act to amend Sections 18602  and   , 
18613  , 18645, and 18843  of  , to amend and renumber
Sections   18852, 18853, 18854, 18855, 18860, 18861, 18865,
18868, and 18869 of, and to add Sections 18649 and 18855 to, 
the Business and Professions Code, relating to professions and
vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 469, as amended, Hill. 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.  A violation of the act is a
crime.  Existing law requires the commission to appoint an
executive officer. Existing law repeals these provisions establishing
the commission and authorizing it to appoint an executive officer on
January 1, 2016.
   This bill would extend  the repeal date  
those repeal dates  to January 1, 2020. 
   Existing law requires the Advisory Committee on Medical and Safety
Standards to consist of 6 licensed physicians and surgeons appointed
by the commission and authorizes the commission to call meetings at
such times and places as it deems appropriate for the purpose of
studying and recommending medical and safety standards for the
conduct of boxing, wrestling, and martial arts contests.  
   This bill would provide that a majority of the appointed members
of the committee constitutes a quorum for the purposes of these
meetings.  
   Existing law requires any person applying for a license or the
renewal of a license as a professional boxer or as a professional
martial arts fighter to present documentary evidence satisfactory to
the commission that the applicant has been administered tests, by a
specified laboratory, to detect the presence of specified antibodies
and a specified antigen and that the results of all three tests are
negative. Existing regulation prohibits the administration or use of
any drugs, alcohol or stimulants, or injections in any part of the
body, either before or during a match, to or by any boxer. Under
existing regulation, a person who applies for or holds a license as a
professional boxer and who has at any time had a positive drug test
confirmed by any commission for any specified substance is required
as a condition of licensure or renewal to provide a urine specimen.
Further, under existing regulation, a licensed boxer is required to
provide a urine specimen for drug testing either before or after the
bout, as directed by the commission.  
   This bill would prohibit the administration or use of any drugs,
alcohol, stimulants, or injections in any part of the body or the use
of any specified prohibited substances by a professional or amateur
boxer or martial arts fighter licensed by the commission. Because a
violation of this prohibition would be a crime, the bill would impose
a state-mandated local program. The bill would authorize the
commission, subject to the adoption of regulations, to determine the
necessity of exemptions to that prohibition. The bill would authorize
the commission to conduct testing at any time during the period of
licensure to ensure compliance with the prohibition, as provided. The
bill would make a licensee in violation of the prohibition subject
to an unspecified fine.  
   Under existing regulation, contracts between boxers and managers
and between boxers or managers and licensed clubs are required to be
executed on printed forms approved by the commission. Existing
regulation authorizes the commission to recognize or enforce a
contract not on its printed form if entered into in another
jurisdiction. Existing regulation prohibits no other contract or
agreement from being recognized or enforced by the commission. Under
existing regulation, all disputes between the parties to the
contract, including the validity of the contract, are required to be
arbitrated pursuant to the provisions of the contract. Under existing
regulation, a person who seeks arbitration of a contract dispute is
required to send a written request for arbitration to the commission
and to the Office of the Attorney General, as specified.  
   This bill would codify these regulatory provisions in statute and
would authorize the commission to recover the costs for the
arbitration from the parties subject to the arbitration.  
   This bill would renumber various enforcement provisions and would
make other nonsubstantive changes.  
   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. 
   Vote: majority. 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 18602 of the Business and Professions Code is
amended to read:
   18602.  (a) Except as provided in this section, there is in the
Department of Consumer Affairs the State Athletic Commission, which
consists of seven members. Five members shall be appointed by the
Governor, one member shall be appointed by the Senate  Rules
 Committee  on Rules  , and one member shall be
appointed by the Speaker of the Assembly.
   The members of the commission appointed by the Governor are
subject to confirmation by the Senate pursuant to Section 1322 of the
Government Code.
   No person who is currently licensed, or who was licensed within
the last two years, under this chapter may be appointed or
reappointed to, or serve on, the commission.
   (b) In appointing commissioners under this section, the Governor,
the Senate Committee on Rules, and the Speaker of the Assembly shall
make every effort to ensure that at least four of the members of the
commission shall have experience and demonstrate expertise in one of
the following areas:
   (1) A licensed physician or surgeon having expertise or
specializing in neurology, neurosurgery, head trauma, or sports
medicine. Sports medicine includes, but is not limited to,
physiology, kinesiology, or other aspects of sports medicine.
   (2) Financial management.
   (3) Public safety.
   (4) Past experience in the activity regulated by this chapter,
either as a contestant, a referee or official, a promoter, or a venue
operator.
   (c) Each member of the commission shall be appointed for a term of
four years. All terms shall end on January 1. Vacancies occurring
prior to the expiration of the term shall be filled by appointment
for the unexpired term. No commission member may serve more than two
consecutive terms.
   (d) Notwithstanding any other provision of this chapter, members
first appointed shall be subject to the following terms:
   (1) The Governor shall appoint two members for two years, two
members for three years, and one member for four years.
   (2) The Senate Committee on Rules shall appoint one member for
four years.
   (3) The Speaker of the Assembly shall appoint one member for four
years.
   (e) (1) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
   (2) Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
  SEC. 2.  Section 18613 of the Business and Professions Code is
amended to read:
   18613.  (a) (1) The commission shall appoint a person exempt from
civil service who shall be designated as an executive officer and who
shall exercise the powers and perform the duties delegated by the
commission and vested in him or her by this chapter. The appointment
of the executive officer is subject to the approval of the Director
of Consumer Affairs.
   (2) The commission may employ in accordance with Section 154 other
personnel as may be necessary for the administration of this
chapter.
   (b) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
   SEC. 3.    Section 18645 of the   Business
and Professions Code   is amended to read: 
   18645.   (a)    There is hereby created within
the jurisdiction of the State Athletic Commission an Advisory
Committee on Medical and Safety Standards. 
   The 
    (b)     The  committee shall consist
of six licensed physicians and surgeons appointed by the commission.
The commission may call meetings of those physicians and surgeons at
such times and places as it deems appropriate for the purpose of
studying and recommending medical and safety standards for the
conduct of boxing, wrestling, and martial arts contests. 
   It 
    (c)     It  shall require a majority
vote of the commission to appoint a person to the committee. Each
appointment shall be at the pleasure of the commission for a term not
to exceed four years. 
   (d) A majority of the appointed members of the committee shall
constitute a quorum for the purposes of meeting. 
   SEC. 4.    Section 18649 is added to the  
Business and Professions Code   , to read:  
   18649.  (a) The administration or use of any drugs, alcohol,
stimulants, or injections in any part of the body or the use of any
prohibited substance specified in the Prohibited List of the World
Anti-Doping Code, as adopted by the World Anti-Doping Agency, by a
professional or amateur boxer or martial arts fighter licensed by the
commission shall be prohibited. The commission, in its discretion
and pursuant to regulations adopted pursuant to the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), may determine the
necessity of exemptions to this section for certain licensees.
   (b) The commission may conduct testing at any time during the
period of licensure for a professional or amateur boxer or martial
arts fighter licensed by the commission to ensure compliance with
subdivision (a).
   (c) The commission may collect blood and urine specimens from a
professional or amateur boxer or martial arts fighter licensed by the
commission to detect the presence of any prohibited substances.
Collection of specimens shall be done in the presence of authorized
commission personnel.
   (d) A professional or amateur boxer or martial arts fighter
licensed by the commission, for which the presence of a prohibited
substance is detected through testing by the commission, shall be in
violation of this section and subject to the penalties described in
Section 18843. 
   SEC. 5.    Section 18843 of the   Business
and Professions Code   is amended to read: 
   18843.   (a)    In addition to its authority
under other provisions of this chapter to take action against a
licensee, the commission, its executive officer, or his or her duly
authorized representative shall have the authority to assess fines
not to exceed two thousand five hundred dollars ($2,500) for each
violation of any of the provisions of this chapter or any of the
rules and regulations of the commission. 
   (b) Notwithstanding any other provision, the commission may also
assess a fine equal to __percent of the total purse for a violation
of Section 18649 related to the use of prohibited substances. 

   This fine 
    (c)     Fines  may be assessed without
advance hearing, but the licensee may apply to the commission for a
hearing on the matter if  such   the  fine
should be modified or set aside. This application for a hearing shall
be in writing and shall be received by the commission within 30 days
after service of notice of the fine. Upon receipt of this written
request, the commission shall set the matter for hearing within 30
days.
   SEC. 6.    Section 18852 of the   Business
and Professions Code   is amended and renumbered to read:

    18852.   18851.   A manager of a boxer
or martial arts fighter shall maintain an accurate annual record
showing all of the following with respect to each contest in which
the boxer or martial arts fighter has  participated.
  participated: 
   (a) Training expenses.
   (b) Amount of money actually paid to the contestant.
   (c) Amount of money which the manager received from the purse.
   (d) Amount of money owed to the manager by the contestant.
   The manager's record shall be supported by documentation, shall be
made available to both the fighter under contract and the commission
upon request, and shall be kept in the manager's possession for a
period of five years from the transaction.
   SEC. 7.    Section 18853 of the   Business
and Professions Code   is amended and renumbered to read:

    18853.   18852.   No fighter shall be
paid before a contest, except that a promoter may, with the written
approval of the commission, advance to the fighter before the
contest, up to one thousand dollars ($1,000) plus any necessary
transportation and living expenses. However, such advance, except
necessary transportation and living expenses, shall not exceed 20
percent of the fighter's purse.
   SEC. 8.    Section 18854 of the   Business
and Professions Code   is amended and renumbered to read:

    18854.   18853.   No fighter, nor his
or her manager, shall be paid for the services of the fighter except
in the presence of an authorized commission representative. The
commission representative shall report to the executive officer any
payment made contrary to the provisions of the contract on file with
the commission.
   SEC. 9.    Section 18855 of the   Business
and Professions Code   is amended and renumbered to read:

    18855.   18854.   Any official who
fails to enforce the provisions of this act or the commission's rules
and regulations shall be subject to disciplinary action.
   SEC. 10.    Section 18855 is added to the  
Business and Professions Code   , to read:  
   18855.  The commission shall recognize and enforce contracts
between boxers or martial arts fighters and managers and between
boxers or martial arts fighters and licensed clubs. Contracts shall
be executed on printed forms approved by the commission. The
commission may recognize or enforce a contract not on its printed
form if entered into in another jurisdiction. No other contract or
agreement may be recognized or enforced by the commission. All
disputes between the parties to the contract, including the validity
of the contract, shall be arbitrated by the commission pursuant to
the provisions of the contract. Subject to Section 227 of Title 4 of
the Code of Regulations, a person who seeks arbitration of a contract
shall send a written request to the commission's headquarters and to
the Office of the Attorney General. The commission may seek cost
recovery related to arbitration proceedings from the parties subject
to the proceedings. 
   SEC. 11.    Section 18860 of the   Business
and Professions Code  is amended and renumbered to read:

    18860.   18856.   (a) The commission,
the executive officer, or authorized representative shall have power
to order a promoter to withhold any purse, any part thereof, any
receipts or other funds owing or payable to any contestant, or the
share thereof of any manager, if, in his or her judgment, it should
appear that  such   the  contestant is not
competing honestly, or is intentionally not competing to the best of
his or her ability, or if it should appear that the contestant,
manager, or any seconds have violated any provision of this act, or
the rules and regulations adopted by the commission.
   (b) Any purse, or portion thereof, so withheld, shall be delivered
by the promoter to the commission upon demand. Any contestant
claiming the money withheld shall within 10 days after the end of the
contest apply in writing to the commission for a hearing, the
 commisison   commission  shall fix a date
for the hearing, and after the hearing determines the disposition to
be made of the money held by the commission.
   (c) If no application for a hearing is filed within the time
prescribed the commission shall meet and determine the disposition to
be made of the money held by the commission.
   (d) This section does not apply to any exhibition where the
participants are not competing to the best of their ability.
   SEC. 12.    Section 18861 of the   Business
and Professions Code   is amended and renumbered to read:

    18861.   18857.   The commission, the
executive officer, or authorized representative shall have the power
to order a promoter to withhold 10 percent of the total purse payable
to a contestant if the manager of the contestant does not present an
itemized statement of expenses incurred in connection with the
contest. The money so withheld shall be paid to the commission and
held in trust for payment to the contestant or his or her manager,
upon presentation by the manager to the commission of the itemized
statement of expenses.
   SEC. 13.    Section 18865 of the   Business
and Professions Code   is amended and renumbered to read:

    18865.   18858.   Any licensee who
directly or indirectly holds, participates in, aids or abets any sham
or fake contest or match shall be subject to disciplinary action.
   This section does not apply to any exhibition.
   SEC. 14.    Section 18868 of the   Business
and Professions Code   is amended and renumbered to read:

    18868.   18859.   (a) The commission
shall have the authority to obtain and review criminal history
information to determine whether an applicant or licensee has been
convicted of any offense or has been arrested for any offense for
which disposition is still pending. A conviction, or a plea of guilty
or nolo contendere to an offense, may be cause to deny an
application or take disciplinary action against a licensee dependent
on the relevancy of the offense to the licensed activity.
   (b) The commission may require applicants to submit two sets of
fingerprints which shall be furnished to the Department of Justice.
Upon the request of the commission, the Department of Justice shall
submit one set of the fingerprints to the Federal Bureau of
Investigation to obtain a copy of the Federal Bureau of Investigation'
s record and shall retain one set to search the California criminal
history system.
   SEC. 15.    Section 18869 of the   Business
and Professions Code   is amended and renumbered to read:

    18869.   18860.   Nothing in this
chapter shall prevent any county, city, or city and county from
prohibiting the holding or participating in any contest, match, or
exhibition.
   SEC. 16.    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.