BILL NUMBER: AB 52 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 25, 2000
AMENDED IN ASSEMBLY MARCH 16, 1999
INTRODUCED BY Assembly Member Cedillo
(Principal coauthor: Assembly Member Calderon)
(Principal coauthor: Senator Murray)
(Coauthors: Assembly Members Briggs, Cardenas, Firebaugh,
Reyes, and Strickland)
(Coauthors: Senators Alarcon and Perata)
DECEMBER 7, 1998
An act to add Section 7560.5 to the Government Code, to
add Sections 123831, 125176, and 125276 to the Health and Safety
Code, and to add Sections 4357.5, 4367.5, 4384, 4505.5, 5600.8, 5812,
5856.5, and 14007.65 to the Welfare and Institutions Code, relating
to noncitizens. amend, repeal, and add Section 18824
of the Business and Professions Code, relating to athletic events,
making an appropriation therefor, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 52, as amended, Cedillo. Noncitizens
Athletic events: fees .
Existing law, the Boxing Act, provides for the regulation by the
State Athletic Commission of specified contests, matches, and
exhibitions, including boxing, kickboxing, martial arts, wrestling
and other full or partial contact contests, matches, or exhibitions.
Existing law provides that every person who conducts a contest or
wrestling exhibition pay the commission a fee of 5% of the amount
paid for admission to the contest or wrestling exhibition.
This bill would, until January 1, 2008, require that the 5% fee of
the amount paid for admission to a contest or wrestling exhibition
be paid to the commission if admission ticket sales are $1,000,000 or
more, and would impose a $75,000 limit on those fees for any one
contest or exhibition. This bill would, until January 1, 2008,
require that a fee of 3.5% of the amount paid for admission to a
contest or wrestling exhibition be paid to the commission if
admission ticket sales are less than $1,000,000. The bill would also
require that if the fees derived from the amount paid for admission
to any one contest or wrestling exhibition exceed $35,000, the amount
in excess of $35,000 be deposited in the Boxers' Pension Account.
Because this bill would provide for an increase in the amount
deposited into the Boxers' Pension Account, a continuously
appropriated account within the General Fund, it would make an
appropriation. This bill would require the commission to submit a
report to the Legislature, by December 31, 2005, addressing the
impact and effect of this act on commission revenues, the sport of
boxing, and the Boxers' Pension Account.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law provides for the California Children's Services
Program and the Genetically Handicapped Person's Program, both of
which provide services to disabled children, and both of which are
administered by the State Department of Health Services.
Existing law establishes a grant program, administered by the
State Department of Health Services, for Alzheimer's disease
diagnostic and treatment centers.
Existing law provides for various mental health programs,
administered by the State Department of Mental Health and the
counties.
Existing law provides for services to be provided to persons with
developmental disabilities through the State Department of
Developmental Services and regional centers with whom the department
contracts to provide, or arrange for the provision of, services.
Under existing law, federal funding is received to assist in the
provision of special education services and other services for
children with disabilities.
Existing federal law precludes the provision of federally funded
benefits, with specified exceptions, to certain aliens. Federal law
also precludes, with specified exceptions, these aliens from being
provided with benefits funded exclusively from state or local funds
unless pursuant to legislation enacted after August 22, 1996.
This bill would provide that any person who would have been
eligible for services under any of the above-described programs, as
of July 16, 1996, shall continue to be eligible for these services
regardless of immigration status, as long as the person meets all
other applicable requirements.
Existing law provides for the Medi-Cal program, administered by
the State Department of Health Services, under which qualified
low-income persons are provided with health care services.
Under existing state law, certain aliens ineligible for the full
scope of Medi-Cal benefits are eligible to receive long-term care
benefits.
This bill would provide that any alien who is otherwise eligible
for Medi-Cal services, but who does not meet the requirements to
receive the full scope of Medi-Cal benefits due to his or her alien
status, shall be eligible for long-term care services.
Since the bill would affect the eligibility of persons for
programs administered by local agencies and school districts, it
would constitute a state-mandated local program.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority 2/3 .
Appropriation: no yes . Fiscal
committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7560.5 is added to the
SECTION 1. Section 18824 of the Business and Professions Code is
amended to read:
18824. (a) Except as provided in Section
Sections 18646 and Section
18832, every person who conducts a contest or wrestling exhibition
shall, within 72 hours after the determination of every contest or
wrestling exhibition for which admission is charged and received,
furnish to the commission a written report executed under penalty of
perjury by one of the officers, showing the number of tickets issued
or sold for the contest or wrestling exhibition, the amount of the
gross receipts or value thereof, and the gross price charged directly
or indirectly and no matter by whom received, for the sale, lease,
or other exploitation of broadcasting and television rights of the
contest or wrestling exhibition, and without any deductions, except
for expenses incurred for one broadcast announcer, telephone line
connection, and transmission mobile equipment facility, which may be
deducted from the gross taxable base when those expenses are approved
by the commission. The person shall also, within the same time,
do the following:
(1) If the total admission ticket sales are one million dollars
($1,000,000) or more, pay to the commission a
5-percent fee of 5 percent , but not to
exceed the amount of seventy-five thousand dollars ($75,000) for any
one contest or exhibition, exclusive of any federal taxes paid
thereon, of the amount paid for admission to the contest or wrestling
exhibition, and a fee of up to 5 percent of the gross
price as described above for the sale, lease, or other exploitation
of broadcasting or television rights thereof , except that
in no case shall the fee be less than one thousand dollars ($1,000).
The
(2) If the total admission ticket sales are less than one million
dollars ($1,000,000), pay to the commission a fee of 3.5 percent,
exclusive of any federal taxes paid thereon, of the amount paid for
admission to the contest or wrestling exhibition, and a fee of up to
5 percent of the gross price as described above for the sale, lease,
or other exploitation of broadcasting or television rights thereof.
(b) The minimum fee for an amateur contest or exhibition
shall not be less than five hundred dollars ($500). The amount of
the gross receipts upon which the fee provided for in this section is
calculated shall not include any assessments levied by the
commission under Section 18711.
The fee on admission shall apply to the amount actually paid for
admission and not to the regular established price.
No fee is due in the case of a person admitted free of charge
; provided, however . However , if the
total number of persons admitted free of charge to a boxing,
kickboxing, or martial arts contest or wrestling exhibition exceeds
25 percent of the total number of spectators, then a fee of one
dollar ($1) per complimentary ticket or pass used to gain admission
to the contest shall be paid to the commission for each complimentary
ticket or pass that exceeds the numerical total of 25 percent of the
total number of spectators.
(c) If the fee on admissions for any one contest or exhibition
exceeds thirty-five thousand dollars ($35,000), the amount in excess
of thirty-five thousand dollars ($35,000) shall be deposited in the
Boxers' Pension Account.
(d) As used in this section, "person" includes a
promoter, club, individual, corporation, partnership, association or
other organization, and "wrestling exhibition" means a performance of
wrestling skills and techniques by two or more individuals, to which
admission is charged or which is broadcast or televised, in which
the participating individuals are not required to use their best
efforts in order to win, and for which the winner may have been
selected before the performance commences.
(e) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
SEC. 2. Section 18824 is added to the Business and Professions
Code, to read:
18824. (a) Except as provided in Sections 18646 and 18832, every
person who conducts a contest or wrestling exhibition shall, within
72 hours after the determination of every contest or wrestling
exhibition for which admission is charged and received, furnish to
the commission a written report executed under penalty of perjury by
one of the officers, showing the number of tickets issued or sold for
the contest or wrestling exhibition, the amount of the gross
receipts or value thereof, and the gross price charged directly or
indirectly and no matter by whom received, for the sale, lease, or
other exploitation of broadcasting and television rights of the
contest or wrestling exhibition, and without any deductions, except
for expenses incurred for one broadcast announcer, telephone line
connection, and transmission mobile equipment facility, which may be
deducted from the gross taxable base when those expenses are approved
by the commission. The person shall also, within the same time pay
to the commission a 5 percent fee, exclusive of any federal taxes
paid thereon, of the amount paid for admission to the contest or
wrestling exhibition, and up to 5 percent of the gross price as
described above for the sale, lease, or other exploitation of
broadcasting or television rights thereof, except that in no case
shall the fee be less than one thousand dollars ($1,000).
(b) The minimum fee for an amateur contest or exhibition shall not
be less than five hundred dollars ($500). The amount of the gross
receipts upon which the fee provided for in this section is
calculated shall not include any assessments levied by the commission
under Section 18711.
The fee on admission shall apply to the amount actually paid for
admission and not to the regular established price.
No fee is due in the case of a person admitted free of charge;
provided, however, if the total number of persons admitted free of
charge to a boxing, kickboxing, or martial arts contest or wrestling
exhibition exceeds 25 percent of the total number of spectators, then
a fee of one dollar ($1) per complimentary ticket or pass used to
gain admission to the contest shall be paid to the commission for
each complimentary ticket or pass that exceeds the numerical total of
25 percent of the total number of spectators.
(c) As used in this section, "person" includes a promoter, club,
individual, corporation, partnership, association or other
organization, and "wrestling exhibition" means a performance of
wrestling skills and techniques by two or more individuals, to which
admission is charged or which is broadcast or televised, in which the
participating individuals are not required to use their best efforts
in order to win, and for which the winner may have been selected
before the performance commences.
(d) This section shall become operative on January 1, 2008.
SEC. 3. The State Athletic Commission shall, by December 31, 2005,
submit a report to the Legislature on the impact and effect of this
act. The report shall include, at a minimum, an assessment of the
act's impact on the following:
(a) The net changes in enhancing the ethical competition of the
sport of boxing.
(b) The net increase in revenues collected by the commission.
(c) The net increase in revenues deposited into the Boxers'
Pension Account.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to permit the state to attract and retain more boxing and
wrestling events as soon as possible, it is necessary that this act
take effect immediately. Government Code, to read:
7560.5. (a) Any person who would have been eligible for benefits
under the provisions of this chapter in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 2. Section 123831 is added to the Health and Safety Code, to
read:
123831. (a) Any person who would have been eligible for benefits
under this article in effect on July 16, 1996, shall continue to be
eligible regardless of immigration status, as long as he or she meets
all other applicable requirements.
(b) Subdivision (a) is declaratory of, and confirms, existing law.
SEC. 3. Section 125176 is added to the Health and Safety Code, to
read:
125176. (a) Any person who would have been eligible for benefits
under this article in effect on July 16, 1996, shall continue to be
eligible regardless of immigration status, as long as he or she meets
all other applicable requirements.
(b) Subdivision (a) is declaratory of, and confirms, existing law.
SEC. 4. Section 125276 is added to the Health and Safety Code, to
read:
125276. (a) Any person who would have been eligible for benefits
under this article in effect on July 16, 1996, shall continue to be
eligible regardless of immigration status, as long as he or she meets
all other applicable requirements.
(b) Subdivision (a) is declaratory of, and confirms, existing law.
SEC. 5. Section 4357.5 is added to the Welfare and Institutions
Code, to read:
4357.5. (a) Any person who would have been eligible for benefits
under the provisions of this chapter in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 6. Section 4367.5 is added to the Welfare and Institutions
Code, to read:
4367.5. (a) Any person who would have been eligible for benefits
under the provisions of this chapter in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 7. Section 4384 is added to the Welfare and Institutions
Code, to read:
4384. (a) Any person who would have been eligible for benefits
under the provisions of this part in effect on July 16, 1996, shall
continue to be eligible regardless of immigration status, as long as
he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 8. Section 4505.5 is added to the Welfare and Institutions
Code, to read:
4505.5. (a) Any person who would have been eligible for benefits
under the provisions of this division in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 9. Section 5600.8 is added to the Welfare and Institutions
Code, to read:
5600.8. (a) Any person who would have been eligible for benefits
under the provisions of this division in effect on July 16, 1996,
shall continue to be eligible regardless of immigration status, as
long as he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 10. Section 5812 is added to the Welfare and Institutions
Code, to read:
5812. (a) Any person who would have been eligible for benefits
under the provisions of this part in effect on July 16, 1996, shall
continue to be eligible regardless of immigration status, as long as
he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 11. Section 5856.5 is added to the Welfare and Institutions
Code, to read:
5856.5. (a) Any person who would have been eligible for benefits
under the provisions of this part in effect on July 16, 1996, shall
continue to be eligible regardless of immigration status, as long as
he or she meets all other applicable requirements.
(b) Subdivision (a) is declarative of, and confirms, existing law.
SEC. 12. Section 14007.65 is added to the Welfare and Institutions
Code, to read:
14007.65. (a) Any alien who is otherwise eligible for Medi-Cal
services, but who does not meet the requirements under subdivision
(b) or (c) of Section 14007.5, shall be eligible for long-term care
services.
(b) Subdivision (a) is intended to reconfirm, and be declaratory
of, existing law.
SEC. 13. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.