SB 469, as amended, Hill. 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 requires the commission to appoint an executive officer. Existing law repeals these provisions establishing the commission and authorizing it to appoint an executive officer on January 1, 2016.
This bill would extend
begin delete the repeal dateend delete to January 1, 2020.
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
Section 18602 of the Business and Professions
2Code is amended to read:
(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
6by the Governor, one member shall be appointed by the Senate
begin delete Rulesend delete Committee, and one member shall be appointed
8by the Speaker of the Assembly.
9The members of the commission appointed by the Governor are
10subject to confirmation by the Senate pursuant to Section 1322 of
11the Government Code.
12No person who is currently licensed, or who was licensed within
13the last two years, under this chapter may be appointed or
14reappointed to, or serve on, the commission.
15(b) In appointing commissioners under this section, the
16Governor, the Senate Committee on Rules, and the Speaker of the
17Assembly shall make every effort to ensure that at least four of
18the members of the commission shall have experience and
19demonstrate expertise in one of the following areas:
20(1) A licensed physician or surgeon having expertise or
21specializing in neurology, neurosurgery, head trauma, or sports
P4 1medicine. Sports medicine includes, but is not limited to,
2physiology, kinesiology, or other aspects of sports medicine.
3(2) Financial management.
4(3) Public safety.
5(4) Past experience in the
activity regulated by this chapter,
6either as a contestant, a referee or official, a promoter, or a venue
8(c) Each member of the commission shall be appointed for a
9term of four years. All terms shall end on January 1. Vacancies
10occurring prior to the expiration of the term shall be filled by
11appointment for the unexpired term. No commission member may
12serve more than two consecutive terms.
13(d) Notwithstanding any other provision of this chapter,
14members first appointed shall be subject to the following terms:
15(1) The Governor shall appoint two members for two years, two
16members for three years, and one member for four years.
17(2) The Senate Committee on Rules shall appoint one member
18for four years.
19(3) The Speaker of the Assembly shall appoint one member for
21(e) (1) This section shall remain in effect only until January 1,
222020, and as of that date is repealed, unless a later enacted statute,
23that is enacted before January 1, 2020, deletes or extends that date.
24(2) Notwithstanding any other law, the repeal of this section
25renders the board subject to review by the appropriate policy
26committees of the Legislature.
Section 18613 of the Business and Professions Code
28 is amended to read:
(a) (1) The commission shall appoint a person exempt
30from civil service who shall be designated as an executive officer
31and who shall exercise the powers and perform the duties delegated
32by the commission and vested in him or her by this chapter. The
33appointment of the executive officer is subject to the approval of
34the Director of Consumer Affairs.
35(2) The commission may employ in accordance with Section
36154 other personnel as may be necessary for the administration of
38(b) This section shall remain in effect only until January 1, 2020,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2020, deletes or extends that date.
There is hereby created within the jurisdiction of
4the State Athletic Commission an Advisory Committee on Medical
5and Safety Standards.
7 committee shall
consist of six licensed physicians and
8surgeons appointed by the commission. The commission may call
9meetings of those physicians and surgeons at such times and places
10as it deems appropriate for the purpose of studying and
11recommending medical and safety standards for the conduct of
12boxing, wrestling, and martial arts contests.
14 shall require a majority vote of the commission to appoint
15a person to the committee. Each appointment shall be at the
16pleasure of the commission for a term not to exceed four years.
In addition to its authority under other provisions
9of this chapter to take action against a licensee, the commission,
10its executive officer, or his or her duly authorized representative
11shall have the authority to assess fines not to exceed two thousand
12five hundred dollars ($2,500) for each violation of any of the
13provisions of this chapter or any of the rules and regulations of the
19This fineend delete
20 may be assessed without advance hearing, but the
21licensee may apply to the commission for a hearing on the matter
begin delete suchend delete fine should be modified or set aside. This application
23for a hearing shall be in writing and shall be received by the
24commission within 30 days after service of notice of the fine. Upon
25receipt of this written request, the commission shall set the matter
26for hearing within 30 days.
A manager of a boxer or martial arts fighter shall
31maintain an accurate annual record showing all of the following
32with respect to each contest in which the boxer or martial arts
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34(a) Training expenses.
35(b) Amount of money actually paid to the contestant.
36(c) Amount of money which the manager received from the
38(d) Amount of money owed to the manager by the contestant.
39The manager’s record shall be supported by documentation,
40shall be made available to both the fighter under contract and the
P7 1commission upon request, and shall be kept in the manager’s
2possession for a period of five years from the transaction.
No fighter shall be paid before a contest, except that a
7promoter may, with the written approval of the commission,
8advance to the fighter before the contest, up to one thousand dollars
9($1,000) plus any necessary transportation and living expenses.
10However, such advance, except necessary transportation and living
11expenses, shall not exceed 20 percent of the fighter’s purse.
No fighter, nor his or her manager, shall be paid for the
16services of the fighter except in the presence of an authorized
17commission representative. The commission representative shall
18report to the executive officer any payment made contrary to the
19provisions of the contract on file with the commission.
Any official who fails to enforce the provisions of this
24act or the commission’s rules and regulations shall be subject to
(a) The commission, the executive officer, or authorized
7representative shall have power to order a promoter to withhold
8any purse, any part thereof, any receipts or other funds owing or
9payable to any contestant, or the share thereof of any manager, if,
10in his or her judgment, it should appear that
begin delete suchend delete contestant is
11not competing honestly, or is intentionally not competing to the
12best of his or her ability, or if it should appear that the contestant,
13manager, or any seconds have violated any provision of this act,
14or the rules and regulations adopted by the commission.
15(b) Any purse, or portion thereof, so withheld, shall be delivered
16by the promoter to the commission upon demand. Any contestant
17claiming the money withheld shall within 10 days after the end of
18the contest apply in writing to the commission for a hearing, the
begin delete commisisonend delete shall fix a date for the hearing, and after
20the hearing determines the disposition to be made of the money
21held by the commission.
22(c) If no application for a hearing is filed within the time
23prescribed the commission shall meet and determine the disposition
24to be made of the money held by the commission.
25(d) This section does not apply to any exhibition where the
26participants are not competing to the best of their ability.
The commission, the executive officer, or authorized
31representative shall have the power to order a promoter to withhold
3210 percent of the total purse payable to a contestant if the manager
33of the contestant does not present an itemized statement of expenses
34incurred in connection with the contest. The money so withheld
35shall be paid to the commission and held in trust for payment to
36the contestant or his or her manager, upon presentation by the
37manager to the commission of the itemized statement of expenses.
Any licensee who directly or indirectly holds,
3participates in, aids or abets any sham or fake contest or match
4shall be subject to disciplinary action.
5This section does not apply to any exhibition.
(a) The commission shall have the authority to obtain
10and review criminal history information to determine whether an
11applicant or licensee has been convicted of any offense or has been
12arrested for any offense for which disposition is still pending. A
13conviction, or a plea of guilty or nolo contendere to an offense,
14may be cause to deny an application or take disciplinary action
15against a licensee dependent on the relevancy of the offense to the
17(b) The commission may require applicants to submit two sets
18of fingerprints which shall be furnished to the Department of
19Justice. Upon the request of the commission, the Department of
20Justice shall submit one set of the fingerprints to the Federal Bureau
21of Investigation to obtain a copy of the Federal Bureau of
22Investigation’s record and shall retain one set to search the
23California criminal history system.
Nothing in this chapter shall prevent any county, city,
28or city and county from prohibiting the holding or participating in
29any contest, match, or exhibition.