BILL ANALYSIS Ó
AB 1186
Page 1
Date of Hearing: September 12, 2013
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Ian C. Calderon, Chair
AB 1186 (Bonilla) - As Amended: September 6, 2013
SUBJECT : State Athletic Commission.
SUMMARY : Clarifies that the California State Athletic
Commission (Commission) is authorized to regulate all forms of
full contact martial arts contests involving participants 18
years of age or younger, including all forms and combinations of
forms of full contact martial arts contests deemed by the
Commission to be similar, and that an amateur contest includes a
contest where full contact is used, even if unintentionally.
Specifically, this bill :
1) Remove "partial contact" from the definition of a contest or
match.
2) Clarify that "full contact" means the use of full 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.
3) Clarify that an amateur contest or match includes a contest
or match where full contact is used, even if unintentionally.
4) Specify that 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.
5) Clarify that the Commission shall have jurisdiction over all
forms and combination of forms of full contact martial arts
contests involving participants 18 years of age or younger.
6) Require the Commission to establish an advisory pankration
subcommittee to investigate the rules and conduct of contests
involving or claiming to involve pankration by persons under
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18 years of age, or any style deemed by the subcommittee to
be sufficiently similar. Require the subcommittee to make
recommendations to the Commission regarding any
administrative actions or statutory changes to be enacted
that may be necessary to improve its regulation and oversight
of contests in order to adequately protect participants.
Provide that the pankration subcommittee shall consist of
three members of the Commission who meet and examine the
following, including, but not limited to:
a) The legality and safety of contests.
b) Whether or not legislation should be enacted to impose
age-based requirements or restrictions, which may include a
prohibition on participants engaging in contests.
c) Appropriate safety precautions for persons under 18
years of age engaging in contests.
1) State that this is an urgency measure necessary to take
effect immediately for the immediate preservation of the
public peace, health, or safety within the meaning of Article
IV of the Constitution.
2) Add double-jointing language consistent with SB 309 (Lieu) of
the current legislative session to avoid chaptering-out
issues.
EXISTING LAW :
1)The Boxing Act, or State Athletic Commission Act (State Act),
provides for the licensing and regulation of boxers,
kickboxers, martial arts athletes and events held in
California by the Commission within the Department of Consumer
Affairs (DCA) and makes the Commission inoperative and
repealed on January 1, 2014. [Business and Professions (B&P)
Code Section 18602.]
2)Provides that protection of the public shall be the highest
priority for the Commission in exercising its licensing,
regulatory, and disciplinary functions, and whenever the
protection of the public is inconsistent with other interests
sought to be promoted, the protection of the public shall be
paramount. (B&P Code Section 18602.1.)
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3)Provides that "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 or partial contact is used or intended that may result or
is intended to result in physical harm to the opponent.
Provides that in any exhibition or sparring match, the
opponents are not required to use their best efforts. (B&P
Code Section 18625.)
4)Provides for the following definitions: (B&P Code Section
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 (MMA), 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 full unrestrainted
physical force in a martial arts contest.
d) "Light contact" means the use of controlled martial arts
techniques whereby contact to the body is permitted in a
restrained manner, 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.
1)Provides that the Commission has the sole direction,
management, control of, and 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.
Provides that no event shall take place without the prior
approval of the Commission and no person shall engage in the
promotion of, or participate in, a boxing or martial arts
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contest, match, or exhibition without a license. (B&P Code
Section 18640.)
2)Provides that the Commission may authorize a nonprofit boxing,
wrestling, or martial arts club or organization, upon approval
of its bylaws, to administer its rules for amateur boxing,
wrestling, and full contact martial arts contests. Requires
the Commission to review the performance of any such club or
organization annually. Requires the Commission to review
compliance with requirements for amateur contests to be
preceded by a physical examination of every contestant, that a
physician is in attendance at the contest and that the
organization has a medical insurance program covering all
contestants. Requires an organization to provide written
financial reports of receipts and disbursements within 90 days
of an amateur event. Authorizes the Commission to have
representatives present as are necessary to obtain compliance
with the requirements for amateur events. Authorizes the
Commission to require any additional notices and reports from
an organization it deems necessary.
(B&P Code Section 18646.)
3)Provides that no person under the age of 18 years shall
participate as a contestant in any contest or match or
exhibition, except that any person 16 years or over may be
licensed as an amateur and may participate in an amateur
contest or match. (B&P Code Section 18702.)
4)Creates an advisory committee on medical and safety standards,
which consists of six licensed physicians and surgeons
appointed by the Commission for the purpose of studying and
recommending medical and safety standards for the conduct of
boxing, wrestling, and martial arts contests. (B&P Code
Section 18645.)
5)Authorizes the Commission to appoint a martial arts advisory
committee, composed of individuals, residing in California,
who have prior to their appointment, been promoters, fighters,
trainers, managers, or officials in publicly held kickboxing
or full-contact martial arts events. (B&P Code Section
18769.)
Existing Federal Law : The Muhammad Ali Boxing Reform Act
(Federal Boxing Act) prohibits events from taking place in a
state without a regulatory commission unless the fight is
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regulated by either another state's commission or on sovereign
tribal land. (Title 15 U.S.C. Section 6303.)
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)Author's Statement of Support : According to the author, this
bill is necessary to ensure the health and safety of young
children participating in certain amateur Mixed Martial Arts
(MMA) events, known as pankration. According to the author,
event organizers have used loopholes in state law to escape
Commission regulations, which puts kids at risk for serious
injury. Pankration organizers have testified at numerous
Commission meetings and in communications to the Commission
that their sport includes only light or partial contact, thus
does not fall under the jurisdiction of the Commission, which
has oversight responsibilities for full contact sports.
Pankration event organizers in California have also argued
that the Commission does not license athletes under the age of
16, and since the youth participating in their events are
under 16, the Commission does not have jurisdiction to
regulate pankration events. According to the author,
clarifying the definition of full contact to ensure proper
oversight of youth events in California will provide for
important safety precautions at youth pankration events,
including physical examinations for participants, physician
attendance at all events, and a medical insurance program for
all contests.
2)Background - California State Athletic Commission : The
Commission is responsible for protecting the health and safety
of its licensees; boxers, kickboxers and martial arts
athletes. Established by initiative in 1924, stemming from
concerns for athletes' injuries and deaths, the Commission
provides direction, management, control of and jurisdiction
over professional and amateur boxing, professional and amateur
kickboxing, all forms and combinations of full contact martial
arts contests, including MMA and matches or exhibitions
conducted, held or given in California. The Commission
oversees licensing, prohibited substance testing, and event
regulation. Functionally, the Commission consists of four
components; licensing, enforcement, regulating events and
administering the Pension Fund.
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The Commission is responsible for implementation and
enforcement of the Boxing Act and the State Athletic
Commission Act. The Commission establishes requirements for
licensure, issues and renews licenses, approves and regulates
events, assigns ringside officials, investigates complaints
received, and enforces applicable laws by issuing fines and
suspending or revoking licenses. In 2012, the Commission
supervised close to 200 events. The Commission has so far
supervised over 40 events in 2013. The Commission licenses a
number of individuals related to the participation in,
oversight for and management of events in California.
The current Commission mission statement, as stated in its
Strategic Plan, is as follows: The California State Athletic
Commission is dedicated to the health, safety and welfare of
participants in regulated competitive sporting events, through
ethical and professional service.
3)Commission Has Delegated Authority for Oversight of Amateur
MMA and Boxing : Current law allows the Commission to delegate
its authority to oversee amateur sports to a qualified
nonprofit organization if the Commission determines that the
nonprofit "meets or exceeds the safety and fairness standards
of the Commission." The Commission has the "sole direction,
management, control of, and 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".
Thus, under current law, the Commission's delegated authority
for amateur regulation would also have oversight of the same
sports as the Commission.
The Commission has exercised this authority and delegated its
regulatory oversight responsibilities of amateur boxing and
MMA to two different nonprofit organizations; USA Boxing, Inc.
and the California Amateur Mixed Martial Arts Organization
(CAMO), each of which has encountered difficulty.
For instance, there have been several issues with USA Boxing
that raise some concern regarding the oversight of amateur
boxing. In 2009, the Commission suspended USA Boxing's
authorization to regulate amateur boxing for three weeks in
response to media reports of improprieties including underage
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alcohol consumption and gambling at USA Boxing sanctioned
events and concern for the health and safety of amateur
athletes. That delegation was reinstated after the Commission
staff negotiated stricter requirements regarding safety,
background checks, uniformity, reporting and record keeping,
and included promises for USA Boxing to be more responsive to
the Commission. The Commission voted to place USA Boxing on
probation until June 2010. Earlier this year, the Commission
informed USA Boxing that it would be randomly sending
Commission inspectors to USA Boxing sanctioned events to
ensure safety at those events.
When CAMO was first created and received authority from the
Commission to oversee amateur MMA, there was no consensus on
safety standards for amateur MMA and CAMO founders reported
that it was unnecessary and even dangerous for the fighters to
wear headgear. It does not appear that the Commission ever
adopted regulations to clearly outline the difference between
professional regulations and amateur regulations prior to
delegating its authority. Additionally, the Commission
struggled with a definition of what constitutes "full contact"
and should therefore be regulated. While CAMO presented
substantial regulations and clear standards for the components
necessary to oversee amateur MMA, there is some concern that
the Commission was not yet in a position in its own process
and according to its own procedures to assist in the creation
of the CAMO program. The Commission also worked with a small
group of stakeholders to create a new model for regulation
which may have omitted the input of many passionate athletes
and organizers. CAMO established a fee structure for
licensing that exceeds any of the fees collected by the
Commission. Many groups determined to be under CAMO's
regulatory authority still balk at the fee structure, citing
that high fees are cost prohibitive to conduct events. Bureau
of State Audits also reported that the Commission may have
opportunities to generate revenue by regulating amateur MMA
rather than delegating its authority to CAMO.
4)Sport of Pankration (Also Known As MMA for Kids) Safety
Concerns : According to the United States Fight League, (USFL)
Web site, pankration is the oldest Martial art on record and
was the most prestigious event of the Ancient Olympics which
combined elements of boxing and wrestling. "The rules were
brutal and simple, all but eye gouging and biting was allowed
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while the referees enforced their rules with a large stick.
"Modern pankration is a martial art that encompasses
grappling, limited contact and full contact competitions.
Rules emphasize technique and sportsmanship at all levels.
The amateur program presents a safe sport suitable for
competitors of all ages from all styles of martial arts. The
USFL provides the safest and most progressive route to prepare
for International Amateur Competition or a professional
fighting career."
In March 2009, the Commission first expressed concern about
youth pankration events in California, specifically that head
strikes were taking place and the events were not regulated.
Commission staff and Department of Consumer Affairs (DCA)
legal counsel attended pankration events and reviewed videos
and organization rules to determine if the activity
constituted full contact combat sports and should be
regulated. Organizers are alleged to have modified rules
numerous times to evade regulation until the Commission
received a formal legal opinion in 2010, which found that
pankration is a form of full contact MMA, subject to the
Commission's oversight.
Throughout 2009 and 2010, the USFL, which was known then as
the Amateur Pankration League/USA Pankration, came before the
Commission and the Senate Business and Professions Committee
contesting the determination that their sport is full contact,
under the Commission's jurisdiction, and since the group put
on amateur shows, would be regulated by California Amateur
Martial Arts Organization (CAMO) on the Commission's behalf.
The group continues to testify at Commission hearings that
they are not full contact, despite the video clips recently
highlighted on Nightline and Dateline, as well as those used
by the Commission's Legal Counsel to make the original
determination. However, the USFL President has described his
events as "kids MMA" or "MMA events for kids" when promoting
the competitions, creating a significant lack of clarity. A
recent subcommittee meeting of the Commission received
testimony that there is a lack of consistency among the
trainers and youth pankration promoters in terms of
requirements for medical evaluations prior to competitions.
Pankration stakeholders also recently testified that they
believe that only practices which result in injuries, as
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logged and tracked so as to create statistics about such
injuries, should be excluded from events and the
organization's rules. USFL recently testified that it
supports the regulation of youth pankration, but that the
events should only be governed by the USFL rules, rather than
general rules for full contact MMA as those outlined by CAMO.
5)Regulatory Responses to Concerns : At its annual meeting last
month, the Association of Boxing Commissions (ABC) Medical
Safety Committee issued the following guidelines for amateur
combat events:
a) Amateur events should be regulated by State Athletic
Commissions or participating jurisdictions, since amateur
combat sports participants have fewer skill sets, but run
the same or greater risk of injury as do professional combat
sports competitors.
b) Minimum medical requirements for participation in any
amateur event with modified rules (such as no elbow striking
to the head on the ground in MMA) should include: i) annual
history and physical examination; ii) baseline CBC, blood
chemistries, lipid profile, clotting times; iii)
communicable disease testing (HIV1/2, Hepatitis BsAg,
Hepatitis C Ab) every six months; iv) annual ophthalmologic
examination; v) baseline neurologic testing.
c) The reviewing Commission/jurisdiction physician may
require further testing depending on the results of those
submitted prior to licensure/fight clearance.
d) Suspensions of amateurs post-fight should be submitted to
the appropriate national Web site (Fight-Fax,
ABCMixedMartialArts.com).
The Commission appointed a Youth Pankration Subcommittee,
which delivered the following recommendations and findings at
the August 5, 2013, Commission meeting, after their
investigation into the sport:
a) Young athletes, particularly under age 11, mixed-gender
bouts, and children's fights in cages, have caused
attention and concern for the safety of the children -
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particularly from the Legislature and the media.
b) Youth pankration is a full contact activity as defined
in Business and Professions Code Section 18640 and legal
opinions interpreting that statute. Thus, it is within the
jurisdiction of the Commission to regulate.
c) CAMO is the current delegatee of the Commission to
regulate pankration events.
d) USFL officials intentionally created separate rules,
including a separate scoring system, for the purpose of
avoiding "full contact" regulation under the Commission and
CAMO.
e) USFL appears to be an organization of committed persons,
families and children who have the best interests of the
kids as their motivation and have heretofore done a good
job creating a culture of support, maturity and relative
safety for youth pankration events.
f) The high cost of competing in CAMO amateur events is a
major factor in the effort to create a sport and
sanctioning organization for youth pankration separate and
exempt from regulation under the Commission and CAMO.
g) Youth pankration needs to be regulated to protect and
assure the proper support and safety of the children and
parents involved.
h) Statutory updates and clarifications would help define
the Commission's responsibility and authority over youth
pankration.
1)Prior and Related Legislation :
a) SB 309 (Lieu), extends the operation of the Commission
until 2016. Makes various changes to the laws governing
the Commission's operations and the Commission's oversight
of professional and amateur boxing, professional and
amateur kickboxing, all forms and combinations of full
contact martial arts contests, including MMA and matches or
exhibitions conducted, held or given in California. SB 309
is currently pending on the Senate Floor for concurrence in
Assembly amendments.
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b) AB 2100 (Alejo) of the 2011-12 Legislative Session,
would have required that the Commission, in consultation
with the Association of Boxing Commissions (ABC),
establish and enforce a professional code of conduct, as
specified, and that persons seeking payment as promoters
must make specified disclosures to the CSAC prior to being
compensated. AB 2100 was held on the Assembly
Appropriations Committee Suspense File.
c) SB 543 (Price), Chapter 448, Statutes of 2011, extended
the Commission sunset date for 2 years, from January
1, 2012 to January 1, 2014.
d) SB 294 (Negrete McLeod), Chapter 695, Statutes of 2010,
extended the Commission sunset date for one year, from
January 1, 2011 to January 1, 2012.
e) SB 963 (Ridley-Thomas), Chapter 385, Statutes of 2008,
extended the Commission sunset date from July 1, 2009 to
January 1, 2011.
f) SB 247 (Perata), Chapter 465, Statutes of 2006,
re-established the Commission on January 1, 2007,
as an independent board through July 1, 2009.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450