BILL NUMBER: AB 52 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2000
AMENDED IN SENATE JUNE 19, 2000
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,
Granlund, Reyes, and Strickland)
(Coauthors: Senators Alarcon and Perata)
DECEMBER 7, 1998
An act to amend, repeal, and add Section 18824 of the Business and
Professions Code, relating to athletic events, making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 52, as amended, Cedillo. 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, 2006, impose a $50,000 limit on
the fees derived from the amount paid for admission to any one
contest or wrestling exhibition and would also require that if those
fees exceed $35,000, the amount in excess of $35,000 be paid 1/2 to
the commission and 1/2 to the Boxers' Pension Account. Because this
bill would provide for an increase in the amount deposited into the
Boxers' Pension Account, a continuously appropriated special 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, 2004, addressing the impact and effect of this act on
commission revenues, the sport of boxing, and the Boxers' Pension
Account.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18824 of the Business and Professions Code is
amended 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 fee of 5 percent, but not to exceed the amount
of fifty thousand dollars ($50,000) 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 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.
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.
(b) 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 shall be paid
one-half to the commission and one-half to the Boxers' Pension
Account.
(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 remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, 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, 2006.
SEC. 3. The State Athletic Commission shall, by December 31,
2005 2004 , 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.