Amended in Senate April 22, 2015

Senate BillNo. 469


Introduced by Senator Hill

February 25, 2015


An act to amend Sections 18602begin delete andend deletebegin insert,end insert 18613begin insert, 18645, and 18843end insert ofbegin insert, to amend and renumber Sections 18852, 18853, 18854, 18855, 18860, 18861, 18865, 18868, and 18869 of, and to add Sections 18649 and 18855 to,end insert the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

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.begin insert A violation of the act is a crime.end insert 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 extendbegin delete the repeal dateend deletebegin insert those repeal datesend insert to January 1, 2020.

begin insert

Existing law requires the Advisory Committee on Medical and Safety Standards to consist of 6 licensed physicians and surgeons appointed by the commission and authorizes the commission to call meetings at such times and places as it deems appropriate for the purpose of studying and recommending medical and safety standards for the conduct of boxing, wrestling, and martial arts contests.

end insert
begin insert

This bill would provide that a majority of the appointed members of the committee constitutes a quorum for the purposes of these meetings.

end insert
begin insert

Existing law requires any person applying for a license or the renewal of a license as a professional boxer or as a professional martial arts fighter to present documentary evidence satisfactory to the commission that the applicant has been administered tests, by a specified laboratory, to detect the presence of specified antibodies and a specified antigen and that the results of all three tests are negative. Existing regulation prohibits the administration or use of any drugs, alcohol or stimulants, or injections in any part of the body, either before or during a match, to or by any boxer. Under existing regulation, a person who applies for or holds a license as a professional boxer and who has at any time had a positive drug test confirmed by any commission for any specified substance is required as a condition of licensure or renewal to provide a urine specimen. Further, under existing regulation, a licensed boxer is required to provide a urine specimen for drug testing either before or after the bout, as directed by the commission.

end insert
begin insert

This bill would prohibit the administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any specified prohibited substances by a professional or amateur boxer or martial arts fighter licensed by the commission. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program. The bill would authorize the commission, subject to the adoption of regulations, to determine the necessity of exemptions to that prohibition. The bill would authorize the commission to conduct testing at any time during the period of licensure to ensure compliance with the prohibition, as provided. The bill would make a licensee in violation of the prohibition subject to an unspecified fine.

end insert
begin insert

Under existing regulation, contracts between boxers and managers and between boxers or managers and licensed clubs are required to be executed on printed forms approved by the commission. Existing regulation authorizes the commission to recognize or enforce a contract not on its printed form if entered into in another jurisdiction. Existing regulation prohibits no other contract or agreement from being recognized or enforced by the commission. Under existing regulation, all disputes between the parties to the contract, including the validity of the contract, are required to be arbitrated pursuant to the provisions of the contract. Under existing regulation, a person who seeks arbitration of a contract dispute is required to send a written request for arbitration to the commission and to the Office of the Attorney General, as specified.

end insert
begin insert

This bill would codify these regulatory provisions in statute and would authorize the commission to recover the costs for the arbitration from the parties subject to the arbitration.

end insert
begin insert

This bill would renumber various enforcement provisions and would make other nonsubstantive changes.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

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

end insert

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:

P3    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
6by the Governor, one member shall be appointed by the Senate
7begin delete Rulesend delete Committeebegin insert on Rulesend insert, 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
7operator.

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
20four years.

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.

27

SEC. 2.  

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

29

18613.  

(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
37this chapter.

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.

P5    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18645 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert

3

18645.  

begin insert(a)end insertbegin insertend insert There is hereby created within the jurisdiction of
4the State Athletic Commission an Advisory Committee on Medical
5and Safety Standards.

begin delete

6The

end delete

7begin insert(b)end insertbegin insertend insertbegin insertTheend insert 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.

begin delete

13It

end delete

14begin insert(c)end insertbegin insertend insertbegin insertItend insert 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.

begin insert

17(d) A majority of the appointed members of the committee shall
18constitute a quorum for the purposes of meeting.

end insert
19begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 18649 is added to the end insertbegin insertBusiness and Professions
20Code
end insert
begin insert, to read:end insert

begin insert
21

begin insert18649.end insert  

(a) The administration or use of any drugs, alcohol,
22stimulants, or injections in any part of the body or the use of any
23prohibited substance specified in the Prohibited List of the World
24Anti-Doping Code, as adopted by the World Anti-Doping Agency,
25by a professional or amateur boxer or martial arts fighter licensed
26by the commission shall be prohibited. The commission, in its
27discretion and pursuant to regulations adopted pursuant to the
28Administrative Procedure Act (Chapter 3.5 (commencing with
29Section 11340) of Part 1 of Division 3 of Title 2 of the Government
30Code), may determine the necessity of exemptions to this section
31for certain licensees.

32(b) The commission may conduct testing at any time during the
33period of licensure for a professional or amateur boxer or martial
34arts fighter licensed by the commission to ensure compliance with
35subdivision (a).

36(c) The commission may collect blood and urine specimens from
37a professional or amateur boxer or martial arts fighter licensed
38by the commission to detect the presence of any prohibited
39substances. Collection of specimens shall be done in the presence
40of authorized commission personnel.

P6    1(d) A professional or amateur boxer or martial arts fighter
2licensed by the commission, for which the presence of a prohibited
3substance is detected through testing by the commission, shall be
4in violation of this section and subject to the penalties described
5in Section 18843.

end insert
6begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 18843 of the end insertbegin insertBusiness and Professions Codeend insert
7begin insert is amended to read:end insert

8

18843.  

begin insert(a)end insertbegin insertend insert 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
14commission.

begin insert

15(b) Notwithstanding any other provision, the commission may
16also assess a fine equal to __percent of the total purse for a
17violation of Section 18649 related to the use of prohibited
18substances.

end insert
begin delete

19This fine

end delete

20begin insert(c)end insertbegin insertend insertbegin insertFinesend insert may be assessed without advance hearing, but the
21licensee may apply to the commission for a hearing on the matter
22ifbegin delete suchend deletebegin insert theend insert 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.

27begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 18852 of the end insertbegin insertBusiness and Professions Codeend insert
28begin insert is amended and renumbered to read:end insert

29

begin delete18852.end delete
30begin insert18851.end insert  

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
33fighter hasbegin delete participated.end deletebegin insert participated:end insert

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
37purse.

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.

3begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 18853 of the end insertbegin insertBusiness and Professions Codeend insert
4begin insert is amended and renumbered to read:end insert

5

begin delete18853.end delete
6begin insert18852.end insert  

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.

12begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 18854 of the end insertbegin insertBusiness and Professions Codeend insert
13begin insert is amended and renumbered to read:end insert

14

begin delete18854.end delete
15begin insert18853.end insert  

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.

20begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 18855 of the end insertbegin insertBusiness and Professions Codeend insert
21begin insert is amended and renumbered to read:end insert

22

begin delete18855.end delete
23begin insert18854.end insert  

Any official who fails to enforce the provisions of this
24act or the commission’s rules and regulations shall be subject to
25disciplinary action.

26begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 18855 is added to the end insertbegin insertBusiness and
27Professions Code
end insert
begin insert, to read:end insert

begin insert
28

begin insert18855.end insert  

The commission shall recognize and enforce contracts
29between boxers or martial arts fighters and managers and between
30boxers or martial arts fighters and licensed clubs. Contracts shall
31be executed on printed forms approved by the commission. The
32commission may recognize or enforce a contract not on its printed
33form if entered into in another jurisdiction. No other contract or
34agreement may be recognized or enforced by the commission. All
35disputes between the parties to the contract, including the validity
36of the contract, shall be arbitrated by the commission pursuant to
37the provisions of the contract. Subject to Section 227 of Title 4 of
38the Code of Regulations, a person who seeks arbitration of a
39contract shall send a written request to the commission’s
40headquarters and to the Office of the Attorney General. The
P8    1commission may seek cost recovery related to arbitration
2proceedings from the parties subject to the proceedings.

end insert
3begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 18860 of the end insertbegin insertBusiness and Professions Codeend insert
4begin insert is amended and renumbered to read:end insert

5

begin delete18860.end delete
6begin insert18856.end insert  

(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 thatbegin delete suchend deletebegin insert theend insert 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
19begin delete commisisonend deletebegin insert commissionend insert 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.

27begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 18861 of the end insertbegin insertBusiness and Professions Codeend insert
28begin insert is amended and renumbered to read:end insert

29

begin delete18861.end delete
30begin insert18857.end insert  

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.

38begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 18865 of the end insertbegin insertBusiness and Professions Codeend insert
39begin insert is amended and renumbered to read:end insert

P9    1

begin delete18865.end delete
2begin insert18858.end insert  

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.

6begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 18868 of the end insertbegin insertBusiness and Professions Codeend insert
7begin insert is amended and renumbered to read:end insert

8

begin delete18868.end delete
9begin insert18859.end insert  

(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
16licensed activity.

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.

24begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 18869 of the end insertbegin insertBusiness and Professions Codeend insert
25begin insert is amended and renumbered to read:end insert

26

begin delete18869.end delete
27begin insert18860.end insert  

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.

30begin insert

begin insertSEC. 16.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
31to Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.

end insert


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