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. A violation of the act is a crime. 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 those repeal dates to January 1, 2020.
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.
This bill would provide that a majority of the appointed members of the committee constitutes a quorum for the purposes of those meetings.
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.
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 a fine
begin delete equalend delete to 40 begin delete percentend delete of the value of the total purse.
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.
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.
This bill would renumber various enforcement provisions and would make other nonsubstantive changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
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
7Committee on Rules, and one member shall be appointed by the
8Speaker 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
22medicine. Sports medicine includes, but is not limited to,
23physiology, kinesiology, or other aspects of sports medicine.
24(2) Financial management.
25(3) Public safety.
P4 1(4) Past experience in
the activity regulated by this chapter,
2either as a contestant, a referee or official, a promoter, or a venue
4(c) Each member of the commission shall be appointed for a
5term of four years. All terms shall end on January 1. Vacancies
6occurring prior to the expiration of the term shall be filled by
7appointment for the unexpired term. No commission member may
8serve more than two consecutive terms.
9(d) Notwithstanding any other provision of this chapter,
10members first appointed shall be subject to the following terms:
11(1) The Governor shall appoint two members for two years, two
12members for three years, and one member for four years.
13(2) The Senate
Committee on Rules shall appoint one member
14for four years.
15(3) The Speaker of the Assembly shall appoint one member for
17(e) (1) This section shall remain in effect only until January 1,
182020, and as of that date is repealed, unless a later enacted statute,
19that is enacted before January 1, 2020, deletes or extends that date.
20(2) Notwithstanding any other law, the repeal of this section
21renders the board subject to review by the appropriate policy
22committees of the Legislature.
Section 18613 of the Business and Professions Code
24 is amended to read:
(a) (1) The commission shall appoint a person exempt
26from civil service who shall be designated as an executive officer
27and who shall exercise the powers and perform the duties delegated
28by the commission and vested in him or her by this chapter. The
29appointment of the executive officer is subject to the approval of
30the Director of Consumer Affairs.
31(2) The commission may employ in accordance with Section
32154 other personnel as may be necessary for the administration of
34(b) This section shall remain in effect only until January 1, 2020,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2020, deletes or extends that date.
Section 18645 of the Business and Professions Code
38 is amended to read:
(a) There is hereby created within the jurisdiction of
2the State Athletic Commission an Advisory Committee on Medical
3and Safety Standards.
4(b) The committee shall consist of six licensed physicians and
5surgeons appointed by the commission. The commission may call
6meetings of those physicians and surgeons at such times and places
7as it deems appropriate for the purpose of studying and
8recommending medical and safety standards for the conduct of
9boxing, wrestling, and martial arts contests.
10(c) It shall require a majority vote of the commission to appoint
11a person to the committee. Each appointment shall be at the
12pleasure of the commission for a term not to exceed four years.
13(d) A majority of the appointed members of the committee shall
14constitute a quorum for the purposes of meeting.
Section 18649 is added to the Business and Professions
16Code, to read:
(a) The administration or use of any drugs, alcohol,
18stimulants, or injections in any part of the body or the use of any
19prohibited substance specified in the Prohibited List of the World
20Anti-Doping Code, as adopted by the World Anti-Doping Agency,
21by a professional or amateur boxer or martial arts fighter licensed
22by the commission shall be prohibited. The commission, in its
23discretion and pursuant to regulations adopted pursuant to the
24Administrative Procedure Act (Chapter 3.5 (commencing with
25Section 11340) of Part 1 of Division 3 of Title 2 of the Government
26Code), may determine the necessity of exemptions to this section
27for certain licensees.
commission may conduct testing at any time during the
29period of licensure for a professional or amateur boxer or martial
30arts fighter licensed by the commission to ensure compliance with
32(c) The commission may collect blood and urine specimens
33from a professional or amateur boxer or martial arts fighter licensed
34by the commission to detect the presence of any prohibited
35substances. Collection of specimens shall be done in the presence
36of authorized commission personnel.
37(d) A professional or amateur boxer or martial arts fighter
38licensed by the commission, for which the presence of a prohibited
39substance is detected through testing by the commission, shall be
P6 1in violation of this section and subject to the penalties described
2in Section 18843.
Section 18843 of the Business and Professions Code
4 is amended to read:
(a) In addition to its authority under other provisions
6of this chapter to take action against a licensee, the commission,
7its executive officer, or his or her duly authorized representative
8shall have the authority to assess fines not to exceed two thousand
9five hundred dollars ($2,500) for each violation of any of the
10provisions of this chapter or any of the rules and regulations of the
12(b) Notwithstanding any other provision, the commission may
13also assess a fine
begin delete equalend delete
to 40 percent of the total purse for a
14violation of Section 18649 related to the use of prohibited
16(c) Fines may be assessed without advance hearing, but the
17licensee may apply to the commission for a hearing on the matter
18if the fine should be modified or set aside. This application for a
19hearing shall be in writing and shall be received by the commission
20within 30 days after service of notice of the fine. Upon receipt of
21this written request, the commission shall set the matter for hearing
22within 30 days.
Section 18852 of the Business and Professions Code
24 is amended and renumbered to read:
A manager of a boxer or martial arts fighter shall
26maintain an accurate annual record showing all of the following
27with respect to each contest in which the boxer or martial arts
28fighter has participated:
29(a) Training expenses.
30(b) Amount of money actually paid to the contestant.
31(c) Amount of money which the manager received from the
33(d) Amount of money owed to the manager by the contestant.
34The manager’s record shall be supported by
35shall be made available to both the fighter under contract and the
36commission upon request, and shall be kept in the manager’s
37possession for a period of five years from the transaction.
Section 18853 of the Business and Professions Code
39 is amended and renumbered to read:
No fighter shall be paid before a contest, except that a
2promoter may, with the written approval of the commission,
3advance to the fighter before the contest, up to one thousand dollars
4($1,000) plus any necessary transportation and living expenses.
5However, such advance, except necessary transportation and living
6expenses, shall not exceed 20 percent of the fighter’s purse.
Section 18854 of the Business and Professions Code
8 is amended and renumbered to read:
No fighter, nor his or her manager, shall be paid for the
10services of the fighter except in the presence of an authorized
11commission representative. The commission representative shall
12report to the executive officer any payment made contrary to the
13provisions of the contract on file with the commission.
Section 18855 of the Business and Professions Code
15 is amended and renumbered to read:
Any official who fails to enforce the provisions of this
17act or the commission’s rules and regulations shall be subject to
Section 18855 is added to the Business and
20Professions Code, to read:
The commission shall recognize and enforce contracts
22between boxers or martial arts fighters and managers and between
23boxers or martial arts fighters and licensed clubs. Contracts shall
24be executed on printed forms approved by the commission. The
25commission may recognize or enforce a contract not on its printed
26form if entered into in another jurisdiction. No other contract or
27agreement may be recognized or enforced by the commission. All
28disputes between the parties to the contract, including the validity
29of the contract, shall be arbitrated by the commission pursuant to
30the provisions of the contract. Subject to Section 227 of Title 4 of
31the California Code of Regulations, a person who seeks arbitration
32of a contract shall send a written request to the commission’s
33headquarters and to the office of the Attorney General. The
34commission may seek cost recovery related to arbitration
35proceedings from the parties subject to the proceedings.
Section 18860 of the Business and Professions Code
37 is amended and renumbered to read:
(a) The commission, the executive officer, or authorized
39representative shall have power to order a promoter to withhold
40any purse, any part thereof, any receipts or other funds owing or
P8 1payable to any contestant, or the share thereof of any manager, if,
2in his or her judgment, it should appear that the contestant is not
3competing honestly, or is intentionally not competing to the best
4of his or her ability, or if it should appear that the contestant,
5manager, or any seconds have violated any provision of this act,
6or the rules and regulations adopted by the commission.
7(b) Any purse, or portion thereof, so withheld, shall be delivered
8by the promoter to the commission upon demand. Any contestant
9claiming the money withheld shall within 10 days after the end of
10the contest apply in writing to the commission for a hearing, the
11commission shall fix a date for the hearing, and after the hearing
12determines the disposition to be made of the money held by the
14(c) If no application for a hearing is filed within the time
15prescribed the commission shall meet and determine the disposition
16to be made of the money held by the commission.
17(d) This section does not apply to any exhibition where the
18participants are not competing to the best of their ability.
Section 18861 of the Business and Professions Code
20 is amended and renumbered to read:
The commission, the executive officer, or authorized
22representative shall have the power to order a promoter to withhold
2310 percent of the total purse payable to a contestant if the manager
24of the contestant does not present an itemized statement of expenses
25incurred in connection with the contest. The money so withheld
26shall be paid to the commission and held in trust for payment to
27the contestant or his or her manager, upon presentation by the
28manager to the commission of the itemized statement of expenses.
Section 18865 of the Business and Professions Code
30 is amended and renumbered to read:
Any licensee who directly or indirectly holds,
32participates in, aids, or abets any sham or fake contest or match
33shall be subject to disciplinary action.
34This section does not apply to any exhibition.
Section 18868 of the Business and Professions Code
36 is amended and renumbered to read:
(a) The commission shall have the authority to obtain
38and review criminal history information to determine whether an
39applicant or licensee has been convicted of any offense or has been
40arrested for any offense for which disposition is still pending. A
P9 1conviction, or a plea of guilty or nolo contendere to an offense,
2may be cause to deny an application or take disciplinary action
3against a licensee dependent on the relevancy of the offense to the
5(b) The commission may require applicants to submit two sets
6of fingerprints which shall be furnished to the Department of
7Justice. Upon the request of the commission, the Department of
8Justice shall submit one set of the fingerprints to the Federal Bureau
9of Investigation to obtain a copy of the Federal Bureau of
10Investigation’s record and shall retain one set to search the
11California criminal history system.
Section 18869 of the Business and Professions Code
13 is amended and renumbered to read:
Nothing in this chapter shall prevent any county, city,
15or city and county from prohibiting the holding or participating in
16any contest, match, or exhibition.
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California