Amended in Senate April 24, 2013

Senate BillNo. 309


Introduced by Senator Price

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(Principal coauthor: Assembly Member Gordon)

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February 15, 2013


An act to amend Sectionsbegin delete 18602 and 18613 ofend deletebegin insert 18602, 18613, 18640.5, 18642, 18643, 18646, 18706, 18711, 18731, 18824, 18825, 18880, and 18882 of, to add Sections 18713, 18816, and 18820 to, to repeal Sections 18654 and 18817 of, and to repeal and add Section 18653 of,end insert the Business and Professions Code, relating to business.

LEGISLATIVE COUNSEL’S DIGEST

SB 309, as amended, Price. State Athletic Commission.

Under existing law, the State Athletic Commission Act, the State Athletic Commission is responsible for licensing and regulating boxing, kickboxing, and martial arts matches and is required to appoint an executive officer. Existing law repeals these provisions on January 1, 2014.begin insert A violation of the act is a crime.end insert

This bill would extend the repeal date to January 1,begin delete 2018end deletebegin insert 2016end insert.

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Existing law requires the commission, at its regularly scheduled meetings, to invite testimony from boxing stakeholders to identify actions that may lead to greater opportunities for its licensees to participate in major professional championship boxing contests in the state. Existing law requires the commission to annually make recommendations, based on that testimony, to the Governor and the Legislature.

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This bill would delete that recommendation requirement.

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Existing law authorizes the commission to license professional and amateur boxers, professional and amateur martial arts fighters, and booking agents, managers of professional boxers and professional martial arts fighters, trainers, chief seconds, and seconds of each. Under existing law, only a natural person may be licensed as a boxer and martial arts fighter.

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This bill would eliminate that natural person limitation on who may be licensed as a boxer and martial arts fighter.

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Under existing law, 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 subject to specified findings by the commission.

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This bill would additionally authorize a sanctioning body to administer its rules. The bill would authorize the commission to revoke the authority for a previously authorized nonprofit boxing, wrestling, or martial arts club, organization, or sanctioning body to administer its rules.

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Existing law prohibits a person from conducting or operating a professional boxers’ training gymnasium unless he or she has been issued a license by the commission. Under existing law, the failure of a licensed training gymnasium owner or operator, fighter, boxer, trainer, second, or manager to report to the commission an injury or knockout of a licensed boxer or fighter or the holder of a sparring permit is grounds for the suspension of his or her license.

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This bill would repeal those provisions. The bill would prohibit a person from training a professional boxer or kickboxer or martial arts athlete unless he or she has been licensed by the commission. The bill would make the application and renewal fee for a licensed professional trainer $200. The bill would define a “professional trainer” as someone who is responsible for the day to day training of those aforementioned athletes and possesses a minimum of 5 years experience in combative sports. The bill would authorize only licensed professional trainers to make a recommendation to the commission on whether a contestant is prepared for his or her first amateur mixed martial arts bout or to turn professional in boxing, kickboxing, or mixed martial arts. The bill would require a professional trainer to be present in the corner of the contestant unless otherwise authorized by the commission or the executive officer. The bill would make the failure of a licensed professional trainer to report to the commission and Fight Fax Inc. an injury or knockout of a licensed boxer or fighter grounds for the suspension of his or her license. The bill would make a conforming change.

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Under existing law, the commission requires, as a condition of licensure and annual renewal and as a part of the application process, the examination by a licensed physician and surgeon who specializes in neurology and neurosurgery of each applicant for a license as a professional athlete or contestant, in addition to any other medical examinations. Existing law requires the cost of the examinations to be paid from assessments on any one or more of the following: promoters of professional matches, managers, and professional athletes or other contestants licensed under the act.

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This bill would specify that the administrative costs associated with managing and distributing the State Athletic Commission Neurological Examination Account shall be limited to no more than 20% of the prior year’s contributions.

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Under the act, a physician and surgeon is required to certify the contestant’s physical condition to engage in the match. Existing law states that nothing in the act may be construed to require a contestant to submit to a pregnancy test.

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This bill would require a female who is a contestant in a professional or amateur boxing match, kickboxing match, or martial arts match to provide the commission with the results of a pregnancy test indicating whether she is currently pregnant before a match commences. The bill would prohibit a female contestant from competing in a match if she is pregnant. The bill would require these results to be kept confidential.

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Existing law prohibits a referee or physician and surgeon from being assigned to a boxing contest if he or she has not participated in a clinic sponsored by the commission. Existing law authorizes the commission to pay any necessary and authorizes travel expenses of referees and physicians and surgeons who attend such clinics.

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This bill would delete that payment authorization and would authorize the commission to contract with a 3rd party to conduct a clinic. The bill would authorize a 3rd party to charge attendees a reasonable fee, as specified.

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Existing federal law requires a state boxing commission to issue to each professional boxer who registers with it an identification card containing specified information and requires each professional boxer to renew his or her identification card at least once every 4 years.

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This bill would require the commission to charge a $20 fee to issue federal identification cards and would require those cards to be reissued once every 4 years.

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Existing law requires every person who conducts a contest or wrestling exhibition, within 5 working days after the determination of every contest or wrestling exhibition for which admission is charged and received, to furnish to the commission, among other things, a fee of 5% of the amount paid for admission to the contest or wrestling exhibition, but the fee shall not exceed $100,000. Existing law requires the commission to report to a specified legislative committee on the fiscal impact of that $100,000 limitation. Existing law prohibits the minimum fee for an amateur contest or exhibition from being less than $500.

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This bill would instead require the commission to furnish that 5% fee within 24 hours and report to the Legislature during its next sunset review.

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Existing law requires the administrative costs associated with investing, managing, and distributing the Boxers’ Pension Fund to be limited to no more than 20% of the average annual contribution made to the fund in the previous 2 years, not including any investment income derived from the corpus of the fund. Existing law requires the commission to report to a legislative committee on the impact of these provisions during the next regularly scheduled sunset review.

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This bill would limit those administrative costs to no more than 2% and would require that report to be submitted to the Legislature.

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Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program.

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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.

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

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Vote: majority. 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:

P4    1

SECTION 1.  

Section 18602 of the Business and Professions
2Code
is amended to read:

3

18602.  

(a) Except as provided in this section, there is in the
4Department of Consumer Affairs the State Athletic Commission,
5which consists of seven members. Five members shall be appointed
P5    1by the Governor, one member shall be appointed by the Senate
2Rules Committee, and one member shall be appointed by the
3Speaker of the Assembly.

4The members of the commission appointed by the Governor are
5subject to confirmation by the Senate pursuant to Section 1322 of
6the Government Code.

7No person who is currently licensed, or who was licensed within
8the last two years, under this chapter may be appointed or
9reappointed to, or serve on, the commission.

10(b) In appointing commissioners under this section, the
11Governor, the Senate Committee on Rules, and the Speaker of the
12Assembly shall make every effort to ensure that at least four of
13the members of the commission shall have experience and
14demonstrate expertise in one of the following areas:

15(1) A licensed physician or surgeon having expertise or
16specializing in neurology, neurosurgery, head trauma, or sports
17medicine. Sports medicine includes, but is not limited to,
18physiology, kinesiology, or other aspects of sports medicine.

19(2) Financial management.

20(3) Public safety.

21(4) Past experience in the activity regulated by this chapter,
22either as a contestant, a referee or official, a promoter, or a venue
23operator.

24(c) Each member of the commission shall be appointed for a
25term of four years. All terms shall end on January 1. Vacancies
26occurring prior to the expiration of the term shall be filled by
27appointment for the unexpired term. No commission member may
28serve more than two consecutive terms.

29(d) Notwithstanding any other provision of this chapter,
30members first appointed shall be subject to the following terms:

31(1) The Governor shall appoint two members for two years, two
32members for three years, and one member for four years.

33(2) The Senate Committee on Rules shall appoint one member
34for four years.

35(3) The Speaker of the Assembly shall appoint one member for
36four years.

37(e) (1) This section shall remain in effect only until January 1,
38begin delete 2018,end deletebegin insert 2016,end insert and as of that date is repealed, unless a later enacted
39statute, that is enacted before January 1,begin delete 2018,end deletebegin insert 2016,end insert deletes or
40extends that date.

P6    1(2) Notwithstanding any otherbegin delete provision ofend delete law, the repeal of
2this section renders the board subject to review by the appropriate
3policy committees of the Legislature.

4

SEC. 2.  

Section 18613 of the Business and Professions Code
5 is amended to read:

6

18613.  

(a) (1) The commission shall appoint a person exempt
7from civil service who shall be designated as an executive officer
8and who shall exercise the powers and perform the duties delegated
9by the commission and vested in him or her by this chapter. The
10appointment of the executive officer is subject to the approval of
11the Director of Consumer Affairs.

12(2) The commission may employ in accordance with Section
13154 other personnel as may be necessary for the administration of
14this chapter.

15(b) This section shall remain in effect only until January 1,
16begin delete 2018,end deletebegin insert 2016,end insert and as of that date is repealed, unless a later enacted
17statute, that is enacted before January 1,begin delete 2018,end deletebegin insert 2016,end insert deletes or
18extends that date.

19begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18640.5 of the end insertbegin insertBusiness and Professions Codeend insert
20begin insert is amended to read:end insert

21

18640.5.  

(a) The commission, at its regularly scheduled
22meetings, shall invite testimony from boxing stakeholders to
23identify actions that may lead to greater opportunities for its
24licensees to participate in major professional championship boxing
25contests in the State of California. The commission shall invite
26testimony that shall include, but not be limited to, the following:

27(1) What cooperative actions may be taken by the private sector
28boxing stakeholders that may lead to greater opportunities for the
29commission’s licensees to participate in major professional
30championship boxing contests in the State of California.

31(2) What role may public-private partnerships play that may
32lead to greater opportunities for the commission’s licensees to
33participate in major professional championship boxing contests in
34the State of California.

35(3) What actions may local agencies take that may lead to greater
36opportunities for the commission’s licensees to participate in major
37professional championship boxing contests in the State of
38California.

39(4) What actions may the commission take that may lead to
40greater opportunities for the commission’s licensees to participate
P7    1in major professional championship boxing contests in the State
2of California.

3(5) What actions may other state agencies take that may lead to
4greater opportunities for the commission’s licensees to participate
5in major professional championship boxing contests in the State
6of California.

7(b) The stakeholders shall include, but not be limited to, boxing
8promoters, boxing event venues, boxers, sports news outlets, and
9local agencies that have an interest in providing greater
10opportunities for the commission’s licensees to participate in major
11professional championship boxing contests in the State of
12California.

begin delete

13(c) Upon receipt of the above described testimony the
14commission shall annually make recommendations to the Governor
15and the Legislature that it determines may provide greater
16opportunities for the commission’s licensees to participate in major
17professional championship boxing contests in the State of
18California.

end delete
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19(d)

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20begin insert(c)end insert Nothing in this section shall jeopardize the commission’s
21duties and responsibilities to protect the safety and welfare of
22boxers and the public.

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23(e)

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24begin insert(d)end insert Costs incurred by the commission in implementing this
25section shall be covered by existing resources of the commission.

26begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 18642 of the end insertbegin insertBusiness and Professions Codeend insert
27begin insert is amended to read:end insert

28

18642.  

The commission may license professional and amateur
29boxers, professional and amateur martial arts fighters, and booking
30agents, managers of professional boxers and professional martial
31arts fighters, trainers, chief seconds, and seconds of each.begin delete Only a
32natural person may be licensed as a boxer and martial arts fighter.end delete

33No person shall participate in any contest or serve in the capacity
34of a booking agent, manager, trainer, or second, unless he or she
35has been licensed for that purpose by the commission.

36begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 18643 of the end insertbegin insertBusiness and Professions Codeend insert
37begin insert is amended to read:end insert

38

18643.  

(a) No professional boxer shall spar for training
39purposes with any person not licensed as a professional boxer or
40who does not have a sparring permit. The commission may
P8    1authorize a professional boxer to spar with someone not licensed
2as a professional boxer or who does not have a sparring permit,
3under special circumstances subject to a commission representative
4being present. No person licensed under this chapter shall conduct,
5hold, or permit unlicensed persons to spar unless commission
6authorization is granted.

7(b) The commission may issue a permit to spar with professional
8boxers for training purposes. This permit shall be issued only to
9persons who meet the physical and mental requirements for
10licensure as a professional boxer.

begin delete

11(c) The operator of a professional boxers’ training gymnasium
12shall inspect and log daily on a form approved by the commission
13the professional boxing license or sparring permit of any individual
14who wishes to use the gymnasium for sparring or boxing and no
15person shall do so unless that person has a valid and current license
16or permit. Individuals described in subdivision (a) shall be exempt
17from these requirements.

end delete
18begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 18646 of the end insertbegin insertBusiness and Professions Codeend insert
19begin insert is amended to read:end insert

20

18646.  

(a) This chapter applies to all amateur boxing,
21wrestling, and full contact martial arts contests.

22(b) The commission may, however, authorize a nonprofit boxing,
23wrestling, or martial arts clubbegin delete orend deletebegin insert,end insert organizationbegin insert, or sanctioning
24bodyend insert
, upon approval of its bylaws, to administer its rules for
25amateur boxing, wrestling, and full contact martial arts contests,
26and may, therefore, waive direct commission application of laws
27and rules, including licensure, subject to the commission’s
28affirmative finding that the standards and enforcement of similar
29rules by that club or organization meet or exceed the safety and
30fairness standards of the commission. The commission shall review
31the performance of any such clubbegin delete orend deletebegin insert,end insert organizationbegin insert, or sanctioning
32bodyend insert
annually.

33(c) Every contest subject to this section shall be preceded by a
34physical examination, specified by the commission, of every
35contestant. A physician shall be in attendance at the contest. There
36shall be a medical insurance program satisfactory to the
37commission provided by the amateur clubbegin delete orend deletebegin insert,end insert organizationbegin insert, or
38sanctioning bodyend insert
in effect covering all contestants. The commission
39shall review compliance with these requirements.

P9    1(d) Any clubbegin delete orend deletebegin insert,end insert organizationbegin delete whichend deletebegin insert, or sanctioning body thatend insert
2 conducts, holds, or gives amateur contests pursuant to this section,
3which collects money for the event, shall furnish a written financial
4report of receipts and disbursements within 90 days of the event.

5(e) The commission has the right to have present without charge
6or restriction such representatives as are necessary to obtain
7compliance with this section.

8(f) The commission may require any additional notices and
9reports it deems necessary to enforce the provisions of this section.

begin insert

10(g) The commission may revoke the authority for a previously
11authorized nonprofit boxing, wrestling, or martial arts club,
12organization, or sanctioning body to administer its rules for
13amateur boxing, wrestling, and full contact martial arts contests.

end insert
14begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 18653 of the end insertbegin insertBusiness and Professions Codeend insert
15begin insert is repealed.end insert

begin delete
16

18653.  

(a) No person shall conduct or operate a professional
17boxers’ training gymnasium unless he or she has a license issued
18by the commission under this chapter.

19(b) Any application to conduct or operate a professional boxers’
20gymnasium shall contain facts which show compliance with this
21chapter and shall provide any other information the commission
22may require.

23(c) The application shall include the fee required in Section
2418817.

25(d) This section shall not apply to a training camp established
26by a professional boxer for his or her sole use.

27(e) As used in this chapter:

28(1) A “professional boxers’ training gymnasium” means a
29gymnasium, the principal business of which is the providing of
30training facilities for professional boxers, and in which either or
31both of the following occur:

32(A) A fee is charged to professional boxers for the use of the
33gymnasium facilities.

34(B) A fee is charged to persons who view the training of
35professional boxers.

36(2) “Principal business” means the use of the gymnasium for
37the providing of training facilities for professional boxers which
38either accounts for more than 50 percent of the annual gross income
39of the gymnasium, or accounts for more than 50 percent of its total
40use.

end delete
P10   1begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 18653 is added to the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert18653.end insert  

(a) No person shall train a professional boxer or
4kickboxer or martial arts athlete unless he or she has been licensed
5by the commission. A professional trainer is someone who is
6responsible for the day to day training of those athletes and
7possesses a minimum of five years experience in combative sports.
8Only professional trainers licensed by the commission may make
9a recommendation to the commission on whether a contestant is
10prepared for his or her first amateur mixed martial arts bout or
11to turn professional in boxing, kickboxing, or mixed martial arts.
12A professional trainer shall be present in the corner of the
13contestant unless otherwise authorized by the commission or the
14executive director.

15(b) Failure of a licensed professional trainer to report to the
16commission and Fight Fax Inc. an injury or knockout of a licensed
17boxer or fighter shall be grounds for the suspension of his or her
18license pursuant to this chapter.

end insert
19begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 18654 of the end insertbegin insertBusiness and Professions Codeend insert
20begin insert is repealed.end insert

begin delete
21

18654.  

Failure of a licensed training gymnasium owner or
22operator, fighter, boxer, trainer, second, or manager to report to
23the commission an injury or knockout of a licensed boxer or fighter
24or the holder of a sparring permit shall be grounds for the
25suspension of their license pursuant to this chapter.

end delete
26begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 18706 of the end insertbegin insertBusiness and Professions Codeend insert
27begin insert is amended to read:end insert

28

18706.  

(a) Not later than at the weigh-in time, which shall be
29not more than 30 hours prior to the beginning of the first event,
30the physician provided for in Section 18705 shall conduct a
31physical examination of the contestant and certify in writing as to
32the contestant’s physical condition to engage in the contest or
33match.

34(1) The commission shall make thebegin delete contestants’end deletebegin insert contestant’send insert
35 medical records available to the physician and the physician shall
36review the contestant’s medical records as part of the certification
37of the contestant’s physical condition.

38(2) The physician shall determine whether the contestant may
39have any knowledge, manifestations, symptoms, or prior history
40of a physical condition that may affect the contestant’s ability to
P11   1perform or present a potential threat to the contestant’s health as
2a result of competing in the contest or match. The contestant shall
3complete a questionnaire developed by the commission. The
4contestant shall be asked to disclose on the questionnaire any
5conditions of which the contestant is aware, including, but not
6limited to, any of the following:

7(A) Significant weight gain or loss and any change in weight
8in the seven days prior to the contest.

9(B) Neuromuscular condition, including peripheral nerves,
10muscle problems, and brain problems.

11(C) Pregnancy.

12(D) Bone fractures and all forms of arthritis.

13(E) Any condition related to vision or changes in hearing
14function.

15(F) Heart condition or other cardiovascular condition.

16(G) Pulmonary or respiratory condition.

17(H) Renal or urological condition.

18(I) Hematological condition, including manifestations of any
19unusual bleeding or bruising.

20If any condition is disclosed under this paragraph, the physician
21shall not allow the contestant to compete unless the physician or,
22at the contestant’s discretion, the contestant’s personal physician,
23who is licensed to practice medicine in the United States, has
24conducted a physical examination and determined that the specific
25condition does not affect the contestant’s ability to perform or
26present a potential threat to the contestant’s health as a result of
27competing in the contest or match.

28(3) The questionnaire shall be developed by the commission
29through promulgated regulations in consultation with qualified
30medical professionals.

begin delete

31(4) Nothing in this chapter may be construed to require a
32contestant to submit to a pregnancy test.

end delete

33(b) On the day of the event, and no later than one hour before
34the contestants enter the ring, the physician provided for in Section
3518705 shall conduct a brief reexamination and certify in writing
36as to the contestant’s physical condition to engage in the contest
37or match. This reexamination shall include an evaluation of any
38significant changes since the physical examination provided under
39subdivision (a).

P12   1(c) A report of the medical examinations shall be filed with the
2commission not later than 24 hours after the termination of the
3contest or match. The physician’s report of the examination shall
4include specific mention as to the condition of the contestant’s
5heart, nerves and brain.

6begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 18711 of the end insertbegin insertBusiness and Professions Codeend insert
7begin insert is amended to read:end insert

8

18711.  

(a) (1) (A) The commission shall require, as a
9condition of licensure and as a part of the application process, the
10examination by a licensed physician and surgeon who specializes
11in neurology and neurosurgery of each applicant for a license as
12a professional athlete or contestant licensed under this chapter or,
13if for the renewal of a license, this examination every year, in
14addition to any other medical examinations.

15(i) Upon initial licensure, the examination shall include tests
16and examinations designed to detect physical conditions that could
17place the athlete or contestant at risk for serious injury or
18permanent or temporary impairment of any bodily function. These
19tests or examinations shall include, but not be limited to, a
20neurological examination or a neuro-psychological examination,
21a brain imaging scan, and an electrocardiogram (EKG). The
22physician may recommend any additional tests or evaluations he
23or she deems necessary.

24(ii) For renewal of a license, the physician shall determine the
25tests or evaluations necessary, if any.

26(iii) The commission may require an athlete or contestant
27licensed under this chapter to undergo additional neurological tests
28where, based on the totality of the athlete’s or contestant’s records,
29it appears the athlete or contestant may be at risk of cognitive
30impairment.

31(iv) On the basis of a physical examination under this
32subdivision, and any additional tests that are conducted, the
33physician may recommend to the commission whether the applicant
34may be permitted to be licensed in California or not. The executive
35officer shall review these recommendations and report any denials
36of licensure. If, as a result of these recommendations, the executive
37officer refuses to grant the applicant a license or to renew a license,
38the applicant shall not compete in California until the denial has
39been overruled by the commission as provided in this chapter.

P13   1(v) The commission may waive the requirement for a brain
2imaging scan or an EKG if a brain imaging scan or EKG was
3completed as part of the licensing requirements in another state,
4the commission determines that this brain imaging scan or EKG
5creates a reliable baseline for the athlete or contestant, and the
6commission has been provided with a copy of the brain imaging
7scan or EKG reports.

8(vi) This subparagraph shall become inoperative on the date the
9regulations adopted by the commission pursuant to subparagraph
10(B) become operative.

11(B) On and after January 1, 2008, all professional athletes
12licensed under this chapter shall be required by the commission
13to complete a medical examination process, which shall include
14the completion of specific medical examinations, to be determined
15by the commission through regulations, as a condition of initial
16licensure and license renewal. This medical examination process
17may include examinations required under current law and any
18additional medical examinations determined to be medically
19necessary. In adopting the medical examination process, the
20commission shall consider the health and safety of contestants, the
21medical necessity of any examinations required, and the financial
22aspects of requiring those medical examinations.

23(2) In the absence of any pertinent untoward medical event, the
24commission may, in its discretion, on forms prescribed by the
25commission, accept tests or evaluations that are equivalent to those
26described in paragraph (1) and that have been completed within
27one year of licensure to meet the requirements of this subdivision.

28(3) (A) Any medical records obtained, reviewed, or created
29under this chapter shall be utilized only for purposes of
30administering this chapter. The commission and any physician
31may not disclose the athlete’s medical records without a signed
32authorization from the athlete, except that the commission may
33disclose those records to other state licensing boards and
34commissions to which the athlete has applied for licensure or has
35an enforcement action pending, or upon court order in a criminal
36or civil action.

37(B) After the adoption of regulations to establish a process for
38participating in medical research studies, the commission may use
39medical information for purposes of participating in medical
40research studies of the effects on the human body of contests and
P14   1exhibitions regulated under this chapter. However, medical
2information shall not include any personal identifying information
3on any contestant, including, but not limited to, the contestant’s
4name, address, telephone number, social security number, license
5number, federal identification number, or any other information
6identifying the contestant. The medical information shall only be
7provided if the licensed athlete has consented in writing to
8participate in the research study. The regulations adopted by the
9commission shall include a process to ensure that no conflicts of
10interest arise regarding which medical examinations are required
11to be completed by contestants.

12(b) If an applicant for licensure as a professional athlete under
13this chapter undergoes a neurological examination for purposes
14of licensure within the 120-day period immediately preceding the
15normal expiration of that license, the applicant shall not be required
16to undergo an additional neurological examination within the
17following 12 consecutive month license period unless the
18commission, for cause, orders that the examination be taken. The
19commission shall notify all commission-approved physicians and
20referees that the commission has the authority to order any
21professional athlete to undergo a neurological examination.

22(c) The cost of the examinations required by this section shall
23be paid from assessments on any one or more of the following:
24promoters of professional matches, managers, and professional
25athletes or other contestants licensed under this chapter. The rate
26and manner of assessment shall be set by the commission, and
27may cover all costs associated with the requirements of this section.
28This assessment shall be imposed on all contests approved by the
29 commission under this chapter. As of July 1, 1994, all moneys
30received by the commission pursuant to this section shall be
31deposited in and credited to the State Athletic Commission
32Neurological Examination Account which is hereby created in the
33General Fund.begin insert The administrative costs associated with managing
34and distributing the State Athletic Commission Neurological
35Examination Account shall be limited to no more than 20 percent
36of the prior year’s contributions.end insert

37(d) Whenever a reference is made to the Boxers’ Neurological
38Examination Account, it is to be construed as referring to the State
39Athletic Commission Neurological Examination Account.

P15   1begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 18713 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert18713.end insert  

A female who is a contestant in a professional or
4amateur boxing match, kickboxing match, or martial arts match
5shall provide the results of a pregnancy test before the match
6commences to indicate whether she is currently pregnant. The
7pregnancy test shall have been taken between seven and 14 days
8before the match. If the results indicate that the contestant is
9pregnant, she shall not compete in the match. Pregnancy results
10shall be kept confidential by the commission.

end insert
11begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 18731 of the end insertbegin insertBusiness and Professions Codeend insert
12begin insert is amended to read:end insert

13

18731.  

No referee or physicianbegin insert and surgeonend insert shall be assigned
14to a boxing contest who has not participated in a clinic sponsored
15by the commission in accordance with this section in the preceding
16six months.begin insert The commission may contract with a third party to
17conduct a clinic. The third party may charge clinic attendees a fee
18in an amount not to exceed the reasonable cost of the clinic.end insert

19Clinics shall include, among other things, the subjects of the
20rules of the commission, the recognition and diagnosis of serious
21or life-threatening, boxing-related and neurological injuries and
22disorders, and refereeing a bout.

begin delete

23The commission is authorized to pay any necessary and
24authorized travel expenses of referees and physicians who attend
25such clinics.

end delete
26begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 18816 is added to the end insertbegin insertBusiness and
27Professions Code
end insert
begin insert, to read:end insert

begin insert
28

begin insert18816.end insert  

The application and renewal fee for a licensed
29professional trainer, as described in Section 18653, shall be two
30hundred dollars ($200).

end insert
31begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 18817 of the end insertbegin insertBusiness and Professions Codeend insert
32begin insert is repealed.end insert

begin delete
33

18817.  

The application and renewal fee for professional boxers’
34training gymnasium shall not exceed two hundred dollars ($200).

end delete
35begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 18820 is added to the end insertbegin insertBusiness and
36Professions Code
end insert
begin insert, to read:end insert

begin insert
37

begin insert18820.end insert  

The commission shall charge a twenty dollar ($20) fee
38to issue federal identification cards. Cards shall be reissued once
39every four years.

end insert
P16   1begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 18824 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

18824.  

(a) Except as provided in Sections 18646 and 18832,
4every person who conducts a contest or wrestling exhibition shall,
5withinbegin delete five working daysend deletebegin insert twenty-four hoursend insert after the determination
6of every contest or wrestling exhibition for which admission is
7charged and received, furnish to the commission the following:

8(1) A written report executed under penalty of perjury by one
9of the officers, showing the amount of the gross receipts, not to
10exceed two million dollars ($2,000,000), and the gross price for
11the contest or wrestling exhibition charged directly or indirectly
12and no matter by whom received, for the sale, lease, or other
13exploitation of broadcasting and television rights of the contest or
14wrestling exhibition, and without any deductions, except for
15expenses incurred for one broadcast announcer, telephone line
16connection, and transmission mobile equipment facility, which
17may be deducted from the gross taxable base when those expenses
18are approved by the commission.

19(2) A fee of 5 percent, exclusive of any federal taxes paid
20thereon, of the amount paid for admission to the contest or
21wrestling exhibition, except that for any one contest, the fee shall
22not exceed the amount of one hundred thousand dollars ($100,000).
23The commission shall report to thebegin delete Joint Committee on Boards,
24Commissions, and Consumer Protectionend delete
begin insert Legislatureend insert on the fiscal
25impact of the one hundred thousand dollar ($100,000) limit on
26fees collected by the commission for admissions revenuesbegin insert during
27its next sunset reviewend insert
.

28(A) The amount of the gross receipts upon which the fee
29provided for in paragraph (2) is calculated shall not include any
30assessments levied by the commission under Section 18711.

31(B) (i) If the fee for any one boxing contest exceeds seventy
32thousand dollars ($70,000), the amount in excess of seventy
33thousand dollars ($70,000) shall be paid one-half to the commission
34and one-half to the Boxers’ Pension Fund.

35(ii) If the report required by subdivision (b) of Section 18618
36 recommends that the Boxers’ Pension Fund shall be expanded to
37include all athletes licensed under this chapter, the commission,
38by regulation, shall require, for all contests where the fee exceeds
39seventy thousand dollars ($70,000), the amount in excess of
40seventy thousand dollars ($70,000) shall be paid one-half to the
P17   1commission and one-half to the Boxers’ Pension Fund only if all
2athletes licensed under this chapter are made eligible for the
3Boxers’ Pension Fund.

4(C) The fee shall apply to the amount actually paid for admission
5and not to the regular established price.

6(D) No fee is due in the case of a person admitted free of charge.
7However, if the total number of persons admitted free of charge
8to a boxing, kickboxing, or martial arts contest, or wrestling
9exhibition exceeds 33 percent of the total number of spectators,
10then a fee of one dollar ($1) per complimentary ticket or pass used
11to gain admission to the contest shall be paid to the commission
12for each complimentary ticket or pass that exceeds the numerical
13total of 33 percent of the total number of spectators.

14(E) The minimum fee for an amateur contest or exhibition shall
15not be less thanbegin delete five hundred dollars ($500).end deletebegin insert one thousand dollars
16($1,000). The minimum fee for a professional contest or exhibition
17shall not be less than one thousand two hundred fifty dollars
18($1250).end insert

19(3) A fee of up to 5 percent, to be established by the commission
20through regulations to become operative on or before July 1, 2008,
21and updated periodically as needed, of the gross price, exclusive
22of any federal taxes paid thereon, for the sale, lease, or other
23exploitation of broadcasting or television rights thereof, except
24that in no case shall the fee be less than one thousand dollars
25($1,000) or more than twenty-five thousand dollars ($25,000).

26(b) As used in this section, “person” includes a promoter, club,
27individual, corporation, partnership, association, or other
28organization, and “wrestling exhibition” means a performance of
29wrestling skills and techniques by two or more individuals, to
30which admission is charged or which is broadcast or televised, in
31which the participating individuals are not required to use their
32best efforts in order to win, and for which the winner may have
33been selected before the performance commences.

34begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 18825 of the end insertbegin insertBusiness and Professions Codeend insert
35begin insert is amended to read:end insert

36

18825.  

An inspector or other representative of the commission
37duly authorized by the executive officer shall be admitted to the
38box office, and is authorized to assist in the counting of tickets
39and in the computation of the tax due thereon, and to take any
40other action necessary for the administration and enforcement of
P18   1this chapter. The inspector or other representative shall immediately
2begin delete mailend deletebegin insert transmitend insert to the commission the official statement of gross
3receipts received by him or her from the promoter.

4begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 18880 of the end insertbegin insertBusiness and Professions Codeend insert
5begin insert is amended to read:end insert

6

18880.  

(a) The Legislature finds and declares all of the
7following:

8(1) That professional athletes licensed under this chapter, as a
9group, for many reasons, do not retain their earnings, and are often
10injured or destitute, or both, and unable to take proper care of
11themselves, whether financially or otherwise, and that the
12enactment of this article is to serve a public purpose by making
13provisions for a needy group to insure a modicum of financial
14security for professional athletes.

15(2) Athletes licensed under this chapter may suffer extraordinary
16disabilities in the normal course of their trade. These may include
17acute and chronic traumatic brain injuries, resulting from multiple
18concussions as well as from repeated exposure to a large number
19of subconcussive punches, eye injuries, including retinal tears,
20holes, and detachments, and other neurological impairments.

21(3) The pension plan of the commission is part of the state’s
22health and safety regulatory scheme, designed to protectbegin delete boxersend delete
23begin insert athletesend insert licensed under this chapter from the health-related hazards
24of their trade. The pension plan addresses those health and safety
25needs, recognizing the disability and health maintenance expenses
26those needs may require.

27(4) The regulatory system of California is interrelated with the
28conduct of the trade in every jurisdiction. Athletes licensed under
29 this chapter participate in contests in other states and many athletes
30who are based in those other jurisdictions may participate in
31California on a single-event basis.

32(5) The outcomes and natures of fights in other jurisdictions are
33relevant to California regulatory jurisdiction and are routinely
34monitored for health and safety reasons, so that, for example, a
35knockout of an athlete licensed under this chapter in another
36jurisdiction is paid appropriate heed with respect to establishing
37a waiting period before that athlete may commence fighting in
38California.

39(6) The monitoring of other jurisdictions is an integral part of
40the health and safety of California athletes licensed under this
P19   1chapter due to the interstate nature of the trade, and therefore the
2regulatory scheme for contests and athletes under this chapter
3should reflect this accordingly.

4(b) The provisions of this article pertain only to professional
5begin delete boxersend deletebegin insert athletesend insert licensed under this chapter.

6begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 18882 of the end insertbegin insertBusiness and Professions Codeend insert
7begin insert is amended to read:end insert

8

18882.  

(a) At the time of payment of the fee required by
9Section 18824, a promoter shall pay to the commission all amounts
10scheduled for contribution to the pension plan. If the commission,
11in its discretion, requires pursuant to Section 18881, that
12contributions to the pension plan be made by the boxer and his or
13her manager, those contributions shall be made at the time and in
14the manner prescribed by the commission.

15(b) All contributions to finance the pension plan shall be
16deposited in the State Treasury and credited to the Boxers’ Pension
17Fund, which is hereby created. Notwithstanding the provisions of
18Section 13340 of the Government Code, all moneys in the Boxers’
19Pension Fund are hereby continuously appropriated to be used
20exclusively for the purposes and administration of the pension
21plan.

22(c) The Boxers’ Pension Fund is a retirement fund, and no
23moneys within it shall be deposited or transferred to the General
24Fund.

25(d) The commission has exclusive control of all funds in the
26Boxers’ Pension Fund. No transfer or disbursement in any amount
27from this fund shall be made except upon the authorization of the
28commission and for the purpose and administration of the pension
29plan.

30(e) Except as otherwise provided in this subdivision, the
31commission or its designee shall invest the money contained in
32the Boxers’ Pension Fund according to the same standard of care
33as provided in Section 16040 of the Probate Code. The commission
34has exclusive control over the investment of all moneys in the
35Boxers’ Pension Fund. Except as otherwise prohibited or restricted
36by law, the commission may invest the moneys in the fund through
37the purchase, holding, or sale of any investment, financial
38instrument, or financial transaction that the commission in its
39informed opinion determines is prudent.

P20   1(f) The administrative costs associated with investing, managing,
2and distributing the Boxers’ Pension Fund shall be limited to no
3more thanbegin delete 20end deletebegin insert 2end insert percent of thebegin delete average annual contribution made
4to the fund in the previous two years, not including any investment
5income derived from theend delete
corpus of the fund. Diligence shall be
6exercised by administrators in order to lower the fund’s expense
7ratio as far belowbegin delete 20end deletebegin insert 2end insert percent as feasible and appropriate. The
8commission shall report to thebegin delete Joint Committee on Boards,
9Commissions, and Consumer Protectionend delete
begin insert Legislatureend insert on the impact
10of this provision during the next regularly scheduled sunset review
11begin delete after January 1, 2007end delete.

12begin insert

begin insertSEC. 21.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
13to Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.

end insert


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