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

California Legislature—2013–14 Regular Session

Assembly BillNo. 1186


Introduced by Assembly Member Bonilla

(Coauthor: Assembly Member Jones)

February 22, 2013


An act to amend Sections 18625, 18627,begin insert 18646,end insert 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 lawbegin delete states thatend deletebegin insert requiresend insert protection of the publicbegin delete shallend deletebegin insert toend insert be the highest priority for the commission.begin insert A violation of the act is a crime.end insert

begin delete

Existing

end delete

begin insertUnder existingend insert lawbegin delete definesend deletebegin insert,end insert “martial arts”begin delete to includeend deletebegin insert meansend insert 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 contestbegin delete includesend deletebegin insert refers toend insert a professional or amateur contest where full contact is used or intendedbegin delete toend deletebegin insert that mayend insert 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 ofbegin delete full unrestrainedend delete physical force in a martial arts contest that may result or is intended to result in physical harm to the opponent.begin insert Because the bill would change the definition of a crime, the bill would impose a state-mandated local program.end insert

begin insert

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.

end insert
begin insert

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.

end insert

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 wouldbegin delete insteadend delete prohibit a person under 18 years of age from participating as a contestant in any professional contest or match orbegin delete exhibition andend deletebegin insert exhibition. The bill wouldend insert authorize any person, irrespective of age, to participatebegin insert as a contestantend insert in an amateur contest, match, or exhibition subjectbegin insert with the approval of the commissionend insert to that licensure authorization. The bill would specify that the commission has jurisdiction over all forms andbegin delete conditionsend deletebegin insert combinationsend insert 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 establishbegin delete aend deletebegin insert an advisoryend insert 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.begin delete Theend deletebegin insert By July 1, 2014, theend insert bill would require the subcommittee to make recommendations to the commission regarding anybegin delete administrative actions or statutoryend deletebegin insert legislativeend insert changes to be enacted that may be necessary to improve its regulation and oversight of pankration contests.

begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 18625 of the Business and Professions
2Code
is amended to read:

P4    1

18625.  

(a) As described in the specific provisions of the act,
2whether referring to a professional or amateur contest or match,
3the terms “contest” and “match” are synonymous, may be used
4interchangeably, include boxing, kickboxing, and martial arts
5exhibitions, and mean a fight, prizefight, boxing contest, pugilistic
6contest, kickboxing contest, martial arts contest, or sparring match,
7between two or more persons, where full contact is used or intended
8that may result or is intended to result in physical harm to the
9opponent.

10 (b) (1) An amateur contest or match includes a contest or match
11where full contact is used, even if unintentionally.

12(2) An amateur contest or match does not include light contact
13karate, tae kwon do, judo, or any other light contact martial arts
14as approved by the commission and recognized by the International
15Olympic Committee as an Olympic sport.

16

SEC. 2.  

Section 18627 of the Business and Professions Code
17 is amended to read:

18

18627.  

(a) “Martial arts” means any form of karate, kung fu,
19tae kwon do, kickboxing or any combination of full contact martial
20arts, including mixed martial arts, or self-defense conducted on a
21full contact basis where a weapon is not used.

22(b) “Kickboxing” means any form of boxing in which blows
23are delivered with the hand and any part of the leg below the hip,
24including the foot.

25(c) “Full contact” means the use ofbegin delete full unrestrainedend delete physical
26force in a martial arts contest that may result or is intended to result
27in physical harm to the opponent, including any contact that does
28not meet the definition of light contact or noncontact.

29(d) “Light contact” means the use of controlled martial arts
30techniques whereby no contact to the face is permitted and no
31contact is permitted which may result or is intended to result in
32physical harm to the opponent.

33(e) “Noncontact” means that no contact occurs between either
34contestant.

35begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18646 of the end insertbegin insertBusiness and Professions Codeend insert
36begin insert is amended to read:end insert

37

18646.  

(a) This chapter applies to all amateur boxing,
38wrestling, and full contact martial arts contests.

39(b) The commission may, however, authorizebegin delete aend deletebegin insert one or moreend insert
40 nonprofit boxing, wrestling, or martial artsbegin delete club or organization,end delete
P5    1begin insert clubs or organizationsend insertbegin insert,end insert upon approval of its bylaws, to administer
2its rules for amateur boxing, wrestling, and full contact martial
3arts contests, and may, therefore, waive direct commission
4application of laws and rules, including licensure, subject to the
5commission’s affirmative finding that the standards and
6enforcement of similar rules bybegin delete thatend deletebegin insert aend insert club or organization meet
7or exceed the safety and fairness standards of the commission. The
8commission shall review the performance of any such club or
9organization annually.

10(c) Every contest subject to this section shall be preceded by a
11physical examination, specified by the commission, of every
12contestant. A physicianbegin insert and surgeonend insert shall be in attendance at the
13contest. There shall be a medical insurance program satisfactory
14to the commission provided bybegin delete theend deletebegin insert anend insert amateur club or organization
15in effect covering all contestants. The commission shall review
16compliance with these requirements.

17(d) Any club or organization which conducts, holds, or gives
18amateur contests pursuant to this section, which collects money
19for the event, shall furnish a written financial report of receipts
20and disbursements within 90 days of the event.

21(e) The commission has the right to have present without charge
22or restriction such representatives as are necessary to obtain
23compliance with this section.

24(f) The commission may require any additional notices and
25reports it deems necessary to enforce the provisions of this section.

26

begin deleteSEC. 3.end delete
27begin insertSEC. 4.end insert  

Section 18702 of the Business and Professions Code
28 is amended to read:

29

18702.  

(a) No person under 18 years of age shall participate
30as a contestant in any professional contest or match or exhibition.

31(b) Any person, irrespective of age, may participatebegin insert as a
32contestantend insert
in an amateur contest, match, or exhibitionbegin insert with the
33approval of the commissionend insert
subject to Section 18642.

34(c) Consistent with Section 18640, the commission shall have
35jurisdiction over all forms and combinations of forms of full contact
36martial arts contests involving participants 18 years of age or
37younger.

38

begin deleteSEC. 4.end delete
39begin insertSEC. 5.end insert  

Section 18770 is added to the Business and Professions
40Code
, to read:

P6    1

18770.  

(a) (1) The commission shall establishbegin delete aend deletebegin insert an advisoryend insert
2 pankration subcommittee to investigate the rules and conduct of
3contests involving or claiming to involve pankration by persons
4under 18 years of age, or any style deemed by the subcommittee
5to be sufficiently similar thereto.

6(2) The pankration subcommittee shall consist of three members
7of the commission.

8(b) The subcommittee shall meet and examine the following
9matters, including, but not limited to:

10(1) In general, the legality and safety of the contests described
11in subdivision (a).

12(2) Whether or not legislation should be enacted to impose
13age-based requirements or restrictions, which may include a
14prohibition on participants engaging in the contests described in
15subdivision (a).

16(3) Appropriate safety precautions for persons under 18 years
17of age engaging in the contests described in subdivision (a).

18(c) begin deleteThe end deletebegin insertBy July 1, 2014, the end insertsubcommittee shall make
19recommendations to the commission regarding anybegin delete administrative
20actions or statutoryend delete
begin insert legislative end insert changes to be enacted that may be
21necessary to improvebegin delete itsend deletebegin insert the commission’s end insert regulation and oversight
22of the contests described in subdivision (a) in order to adequately
23protect participants.

begin insert
24

begin insertSEC. 6.end insert  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.

end insert
33

begin deleteSEC. 5.end delete
34begin insertSEC. 7.end insert  

This act is an urgency statute necessary for the
35immediate preservation of the public peace, health, or safety within
36the meaning of Article IV of the Constitution and shall go into
37immediate effect. The facts constituting the necessity are:

P7    1In order to make needed changes to the State Athletic
2Commission Act as soon as possible, it is necessary that this act
3take effect immediately.



O

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