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

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, 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 wouldbegin delete provideend deletebegin insert specifyend insert 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 exhibitionbegin delete subjectend delete with the approval of the commissionbegin insert subjectend insert 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.

begin insert

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.

end 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.

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: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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:

3

18625.  

(a) As described in the specific provisions of the act,
4whether referring to a professional or amateur contest or match,
5the terms “contest” and “match” are synonymous, may be used
6interchangeably, include boxing, kickboxing, and martial arts
P4    1exhibitions, and mean a fight, prizefight, boxing contest, pugilistic
2contest, kickboxing contest, martial arts contest, or sparring match,
3between two or more persons, where full contact is used or intended
4that may result or is intended to result in physical harm to the
5opponent.

6 (b) (1) An amateur contest or match includes a contest or match
7where full contact is used, even if unintentionally.

8(2) An amateur contest or match does not include light contact
9karate, tae kwon do, judo, or any other light contact martial arts
10as approved by the commission and recognized by the International
11Olympic Committee as an Olympic sport.

12

SEC. 2.  

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

14

18627.  

(a) “Martial arts” means any form of karate, kung fu,
15tae kwon do, kickboxing or any combination of full contact martial
16arts, including mixed martial arts, or self-defense conducted on a
17full contact basis where a weapon is not used.

18(b) “Kickboxing” means any form of boxing in which blows
19are delivered with the hand and any part of the leg below the hip,
20including the foot.

21(c) “Full contact” means the use of physical force in a martial
22arts contest that may result or is intended to result in physical harm
23to the opponent, including any contact that does not meet the
24definition of light contact or noncontact.

25(d) “Light contact” means the use of controlled martial arts
26techniques whereby no contact to the face is permitted and no
27contact is permitted which may result or is intended to result in
28physical harm to the opponent.

29(e) “Noncontact” means that no contact occurs between either
30contestant.

31

SEC. 3.  

Section 18646 of the Business and Professions Code
32 is amended to read:

33

18646.  

(a) This chapter applies to all amateur boxing,
34wrestling, and full contact martial arts contests.

35(b) The commission may, however, authorize one or more
36nonprofit boxing, wrestling, or martial arts clubs or organizations,
37upon approval of its bylaws, to administer its rules for amateur
38boxing, wrestling, and full contact martial arts contests, and may,
39therefore, waive direct commission application of laws and rules,
40including licensure, subject to the commission’s affirmative finding
P5    1that the standards and enforcement of similar rules by a club or
2organization meet or exceed the safety and fairness standards of
3the commission. The commission shall review the performance of
4any such club or organization annually.

5(c) Every contest subject to this section shall be preceded by a
6physical examination, specified by the commission, of every
7contestant. A physician and surgeon shall be in attendance at the
8contest. There shall be a medical insurance program satisfactory
9to the commission provided by an amateur club or organization in
10effect covering all contestants. The commission shall review
11compliance with these requirements.

12(d) Any club or organization which conducts, holds, or gives
13amateur contests pursuant to this section, which collects money
14for the event, shall furnish a written financial report of receipts
15and disbursements within 90 days of the event.

16(e) The commission has the right to have present without charge
17or restriction such representatives as are necessary to obtain
18compliance with this section.

19(f) The commission may require any additional notices and
20reports it deems necessary to enforce the provisions of this section.

21begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 18646 of the end insertbegin insertBusiness and Professions Codeend insert
22begin insert is amended to read:end insert

23

18646.  

(a) This chapter applies to all amateur boxing,
24wrestling, and full contact martial arts contests.

25(b) The commission may, however, authorizebegin delete aend deletebegin insert one or moreend insert
26 nonprofit boxing, wrestling, or martial artsbegin delete club or organization,end delete
27begin insert clubs, organizations, or sanctioning bodies,end insert upon approval of its
28bylaws, to administer its rules for amateur boxing, wrestling, and
29full contact martial arts contests, and may, therefore, waive direct
30commission application of laws and rules, including licensure,
31subject to the commission’s affirmative finding that the standards
32and enforcement of similar rules bybegin delete thatend deletebegin insert aend insert club or organization
33meet or exceed the safety and fairness standards of the commission.
34The commission shall review the performance of any such club
35begin delete orend deletebegin insert,end insert organizationbegin insert, or sanctioning bodyend insert annually.

36(c) Every contest subject to this section shall be preceded by a
37physical examination, specified by the commission, of every
38contestant. A physicianbegin insert and surgeonend insert shall be in attendance at the
39contest. There shall be a medical insurance program satisfactory
40to the commission provided bybegin delete theend deletebegin insert anend insert amateur clubbegin delete orend deletebegin insert,end insert
P6    1 organizationbegin insert, or sanctioning bodyend insert in effect covering all contestants.
2The commission shall review compliance with these requirements.

3(d) Any clubbegin delete orend deletebegin insert,end insert organizationbegin delete whichend deletebegin insert, or sanctioning body thatend insert
4 conducts, holds, or gives amateur contests pursuant to this section,
5which collects money for the event, shall furnish a written financial
6report of receipts and disbursements within 90 days of the event.

7(e) The commission has the right to have present without charge
8or restriction such representatives as are necessary to obtain
9compliance with this section.

10(f) The commission may require any additional notices and
11reports it deems necessary to enforce the provisions of this section.

begin insert

12(g) The commission, at its discretion, may rescind previously
13approved authorization of a nonprofit boxing, wrestling, or martial
14arts club, organization, or sanctioning body to administer its rules
15for amateur boxing, wrestling, and full contact martial arts
16contests.

end insert
17

SEC. 4.  

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

19

18702.  

(a) No person under 18 years of age shall participate
20as a contestant in any professional contest or match or exhibition.

21(b) Any person, irrespective of age, may participate as a
22contestant in an amateur contest, match, or exhibition with the
23approval of the commission subject to Section 18642.

24(c) Consistent with Section 18640, the commission shall have
25jurisdiction over all forms and combinations of forms of full contact
26martial arts contests involving participants 18 years of age or
27younger.

28

SEC. 5.  

Section 18770 is added to the Business and Professions
29Code
, to read:

30

18770.  

(a) (1) The commission shall establish an advisory
31pankration subcommittee to investigate the rules and conduct of
32contests involving or claiming to involve pankration by persons
33under 18 years of age, or any style deemed by the subcommittee
34to be sufficiently similar thereto.

35(2) The pankration subcommittee shall consist of three members
36of the commission.

37(b) The subcommittee shall meet and examine the following
38matters, including, but not limited to:

39(1) In general, the legality and safety of the contests described
40in subdivision (a).

P7    1(2) Whether or not legislation should be enacted to impose
2age-based requirements or restrictions, which may include a
3prohibition on participants engaging in the contests described in
4subdivision (a).

5(3) Appropriate safety precautions for persons under 18 years
6of age engaging in the contests described in subdivision (a).

7(c) By July 1, 2014, the subcommittee shall make
8recommendations to the commission regarding any legislative
9changes to be enacted that may be necessary to improve the
10commission’s regulation and oversight of the contests described
11in subdivision (a) in order to adequately protect participants.

12begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

Section 3.5 of this bill incorporates amendments to
13Section 18646 of the Business and Professions Code proposed by
14both this bill and SB 309. It shall only become operative if (1) both
15bills are enacted and become effective on or before January 1,
162014, but this bill becomes operative first, (2) each bill amends
17Section 18646 of the Business and Professions Code, and (3) this
18bill is enacted after SB 309, in which case Section 18646 of the
19Business and Professions Code, as amended by Section 3 of this
20bill, shall remain operative only until the operative date of SB 309,
21at which time Section 3.5 of this bill shall become operative.

end insert
22

begin deleteSEC. 6.end delete
23begin insertSEC. 7.end insert  

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.

32

begin deleteSEC. 7.end delete
33begin insertSEC. 8.end insert  

This act is an urgency statute necessary for the
34immediate preservation of the public peace, health, or safety within
35the meaning of Article IV of the Constitution and shall go into
36immediate effect. The facts constituting the necessity are:

P8    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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