BILL NUMBER: SB 1749	CHAPTERED  09/18/02

	CHAPTER  680
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 17, 2002
	PASSED THE SENATE  AUGUST 22, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	AMENDED IN ASSEMBLY  JULY 3, 2002
	AMENDED IN SENATE  APRIL 1, 2002

INTRODUCED BY   Senator Polanco

                        FEBRUARY 21, 2002

   An act to amend Section 18712 of the Business and Professions
Code, relating to boxing and martial arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1749, Polanco.  Boxing and martial arts.
   Existing law, the Boxing Act, provides for the licensure of boxers
and martial arts fighters by the State Athletic Commission and makes
a violation of its provisions a misdemeanor.  The act requires that
applicants for licensure and for licensure renewal as a professional
boxer or as a professional martial arts fighter submit documentation
of negative test results for the human immunodeficiency virus and
hepatitis B virus.
   This bill would additionally include within this requirement
testing for hepatitis C virus and would require professional boxers
and martial arts fighters to submit to the commission negative
results for all of the required tests prior to competing in a match
that occurs 180 days or more after the date of the tests submitted by
the boxer or fighter for issuance or renewal of his or her license.

   Because the bill would specify an additional requirement under the
Boxing Act, a violation of which would be punishable as a
misdemeanor, it would impose a state-mandated local program.
  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.


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


  SECTION 1.  Section 18712 of the Business and Professions Code is
amended to read:
   18712.  (a) Notwithstanding any other provision of law, any person
applying for a license or the renewal of a license as a professional
boxer or as a professional martial arts fighter shall present
documentary evidence satisfactory to the commission that the
applicant has been administered a test, by a laboratory in the United
States that possesses a certificate under the Clinical Laboratory
Improvement Act (42 U.S.C. Sec. 263a), to detect the presence of
antibodies both to the human immunodeficiency virus (HIV) and to
hepatitis C virus (HCV) and to detect the presence of the antigen of
hepatitis B virus (HBV) within 30 days prior to the date of the
application and that the results of all three tests are negative.  A
negative report for all three tests shall also be required of a
professional boxer or professional martial arts fighter prior to
competing in a match that will occur 180 days or more after the date
of the tests submitted for the issuance or renewal of his or her
license.
   (b) Information received under this section and any other medical
information about an applicant or licensee shall be confidential and
not subject to discovery or subpoena.  If the commission denies a
license or the renewal of a license or suspends or revokes a license
because of a licensee's HIV or HCV antibody status or HBV antigen
status, it shall state only that the action was taken for medical
reasons.  An applicant or licensee may appeal the commission's
denial, suspension, or revocation of a license under this section.
The commission shall notify each person in writing of his or her
right to a closed hearing for that appeal.  An applicant or licensee
must make a request for a hearing to the commission within 30 days of
receiving notification from the commission of the applicant's or
licensee's right to a hearing.
  SEC. 2.  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.