REGULATORY AGENCY ACTION

tion, and provide for penalties. The Com- each contest to preclude mismatches. receipt of benefits by those who are eligi- mittee proposed that candidates be asked Commission inspectors attend all profes- ble for them. Another proposal was sub- to acknowledge these sections by signing sional contests. mitted to the Commission by attorney an affidavit stating that they have read and The Commission's goals are to ensure Kevin Long, the Commission's consultant understand the consequences of discuss- the health, safety, and welfare of boxers, on pension plan issues; Long's proposal in- ing the exam with others. DCA legal coun- and the integrity of the sport of boxing in corporates many of Professor Fellmeth's sel Don Chang advised that candidates the interest of the general public and the recommendations. Additionally, Long's may not be legally required to sign an participating athletes. proposal would convert the defined benefits affidavit of this type in order to take the plan to a defined contribution plan; also, oral examination. After discussion, the U MAJOR PROJECTS there would only be one assessment on the Board decided not to distribute to oral Pension Plan Update. The Commis- boxer's purse and the disability payments examination candidates an affidavit to sion is continuing its efforts to revise var- would be converted to a disability retire- sign, but agreed instead to provide copies ious aspects of its Professional Boxers' ment type of plan. of the relevant Code provisions in each Pension Plan. On July 11, the Office of At the Commission's July 15 meeting, candidate's information package sent in Administrative Law (OAL) approved the Commissioner Kim Welshons reported advance of the oral examination. Commission's amendments to section that the Pension Plan Review Committee Also at its September 9 meeting, BAE 401, Title 4 of the CCR, which sets forth was in the process of reviewing and merg- discussed a suggestion to hold elections pension fund contribution requirements ing the two proposals, and had scheduled for new Board officers prior to the end of and specifies a schedule of contributions a September 5 meeting with Professor the calendar year so that each new Board to finance the pension plan to be paid by Fellmeth, Kevin Long, and top officials of officer can serve for a full year term. At professional boxers, managers, and pro- the Department of Consumer Affairs to this writing, elections are tentatively moters. These amendments specify that hammer out an agreement. When that pro- scheduled to be held at Board's December (1) the manager's contributions shall not cess is complete, the Committee is ex- 12 meeting in San Francisco. be assessed for the boxer's first and sec- pected to present a formal reform proposal ond bouts in a calendar year; (2) a profes- at a future Commission meeting. * FUTURE MEETINGS sional boxer's contribution shall not be Commission to Update Numerous October 17-18 in Newport Beach. assessed until after the boxer's first and Regulations. At the Commission's July December 12 in San Francisco. second bouts in a calendar year and after 15 meeting, Executive Officer Richard the boxer's total purses in a calendar year DeCuir reported that staff was in the pro- exceed $1,500 less the manager's share; cess of reviewing all of the Commission's (3) a promoter's contribution shall be regulations in Title 4 of the CCR, and ATHLETIC COMMISSION capped at $1,000 per event; and (4) all drafting proposed changes as necessary to Executive Officer: contributions shall be deposited in and reflect changes in law and practice. On Richard DeCuir credited to the Boxers' Pension Account. September 2, Assistant Executive Officer (916) 263-2195 [14:2&3 CRLR 38-39; 14:1 CRLR 32-33] Rob Lynch circulated a draft of those Despite these recent changes, however, changes to all interested parties for their T he Athletic Commission is empowered the Commission has agreed that more review and comment. Among other things, to regulate amateur and professional comprehensive reforms to its pension the draft changes would: boxing and contact karate under the Boxing fund program are warranted. Prompting - amend section 216 to require boxers Act, Business and Professions Code section this reform movement is Center for Public and managers licensed in other jurisdic- 18600 et seq. The Commission's regulations Interest Law Director Robert C. Fellmeth, tions, before signing a contract with a are found in Division 2, Title 4 of the Cali- who chaired the Athletic Commission at promoter to box in this state, to have made fornia Code of Regulations (CCR). The the time the pension plan was established, application for a license with the Commis- Commission consists of eight members each and who has submitted a proposal which sion; serving four-year terms. All eight members revises many aspects of the pension plan. - repeal section 223, which provides are "public" as opposed to industry repre- Among other things, Professor Fellmeth's that managers shall not have more than sentatives. The current Commission mem- proposal would establish a sliding scale to three boxers under their management in bers are Willie Buchanon, William Eastman, determine promoter contributions; cap any one show without written permission H. Andrew Kim, Jerry Nathanson, Carlos promoter contributions at $10,000 per from the Commission; Palomino, Kim Welshons, and Robert Wil- event; provide that boxers would not con- - repeal section 214, which provides son. The term of Ara Hairabedian recently tribute at all to the pension plan until they that no referee, timekeeper, or match- expired and no replacement has been named "vest" (have enough rounds and years to maker may perform any services for or on at this writing. receive benefits); allow the Commission behalf of any club unless licensed by the The Commission has sweeping powers to approve early withdrawal of a boxer's Commission; to license and discipline those within its own contributions for the limited purpose - amend its vision requirements in sec- jurisdiction. The Commission licenses of vocational training, education, or ap- tion 282 to provide that the Commission promoters, booking agents, matchmakers, prenticeship; require the last Califomia-li- may deny, suspend, revoke, or place re- referees, judges, managers, boxers, and censed manager of a boxer to exercise due strictions on the license of a professional competitors. The Commission diligence in maintaining contact with that or amateur boxer if it determines that the places primary emphasis on boxing, where boxer; and authorize the Commission to applicant or licensee cannot safely engage regulation extends beyond licensing and in- use up to 20% of the pension fund's annual in boxing activities because of a visual cludes the establishment of equipment, receipts for the monitoring and tracking of condition, including but not limited to un- weight, and medical requirements. Fur- potentially eligible boxers and for fund corrected visual acuity of less than 20/200 ther, the Commission's power to regulate education, outreach, and administrative in either eye or 20/60 with both eyes; a boxing extends to the separate approval of costs directly related thereto, to ensure the visual field of 60 degrees or less extending

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over one or more quadrants of the visual Commission's Martial Arts Advisory Com- weight shall be given to executed punches field; the presence of glaucoma, whether mittee, OAL has approved the Commis- and kicks, and that on close or evenly or not such condition has been treated; the sion's adoption of new regulations concern- scored rounds, greater weight shall be presence of aphakia or dislocated lens in ing full-contact martial arts and , given to the fighter with the most effective either eye; or any other visual condition both professional and amateur. [14:1 CRLR kicks; provide that referees and judges which the Commission determines would 33; 13:4 CRLR 34] shall score all contests and determine the prevent the applicant or licensee from On August 2, OAL approved new Chap- winner through the use of the ten-point safely engaging in boxing activities; ter 4, Title 4 of the CCR (consisting of system, in which the winner of each round , amend section 294 to provide that sections 700, 702, 705, 710, 711, 720, and receives ten points and the opponent a current language requiring all clubs to set 723), which establishes rules governing am- proportionately less number, each fighter aside an emergency room on their prem- ateur full-contact martial arts and kickbox- receives ten points if the round is even, ises is not applicable if paramedics are ing. [14:2&3 CRLR 39-40] Among other and no fraction of points may be given; present during the event; things, these changes provide that any con- require each contestant to execute a mini- * amend section 322 to provide that testant who has participated in three or fewer mum of five kicks during the course of twelve-ounce gloves or more may be ap- full-contact martial arts or kickboxing con- each round-if either fighter does not ex- proved by the Commission or its designee tests approved by the Commission may be ecute his/her minimum kicks, he/she may on a special request basis, and that when in the novice class, and any contestant who receive a warning or point deduction at the two contestants differ in weight classes, as has participated in more than three full-con- discretion of the referee; provide that the specified, the contestants will wear the tact martial arts or kickboxing contests ap- term "foul" includes-among other things gloves as stated in the higher weight clas- proved by the Commission shall be in the -any unsportsmanlike trick or action that sification; open class; require that, in addition to the causes any injury to an opponent or ref- * revise section 337's list of fouls in equipment required in section 513, Title 4 of eree, failure to make five kicks per round, boxing to include hitting below the hip the CCR, every contestant shall wear (1) at kicks to the joints, linear strikes to the legs line (instead of ); hitting an least ten-ounce gloves; (2) optional head- and linear strikes across both legs simul- opponent who is down, is getting up after gear that is approved by the American Box- taneously, any sweeps not executed boot- being down, or who is hanging helplessly ing Federation or an equivalent organiza- to-boot, and hitting or slapping with an over the ropes; excessive holding or delib- tion; and (3) padded shin guards that extend open glove; provide that one or more groin erately maintaining a clinch; biting; grab- from the ankle or instep to the top of the shin, kicks or punches, arm bars, kicking against bing or holding the ropes; hitting with the and a safety boot that covers the toes; pro- any joint, intentional head butts, or use of forearm or the knee; deliberate use of the vide that the maximum number of rounds elbows shall result in disqualification; pro- rabbit (hitting behind the head); and allowed for any contestant in the novice vide that the Commission may, in its discre- excessive taunting, abusive language, or class shall not exceed three two-minute tion, authorize alternate rules or provisions gestures; rounds with a one-minute rest period be- from time to time so long as the safety and ; amend section 338 to provide that tween rounds, and the maximum number of welfare of the contestants and the public are any boxer guilty of an intentional foul rounds allowed for any contestant in the not jeopardized; and provide that the Com- shall be penalized one or more points as open class shall not exceed five two-minute mission may waive the examination for a determined by the referee, and may be rounds with a one-minute rest period be- matchmaker applicant if he/she possesses a disqualified, have his/her purse withheld, tween rounds; and provide that, between current and valid license as a matchmaker in and be subject to suspension; contestants in the novice class, the only kicks another state or country, has not been subject * amend section 340 to provide that a allowed are to the outside of the legs or boot to any disciplinary action, and has been in- flagrant foul is any foul, intentional or and kicks to the upper body; all other kicks volved in matchmaking in at least five ama- unintentional, which causes the bout to be shall be considered a foul. teur events. interrupted for the purpose of allowing the On September 14, OAL approved the Drug Screening Regulation Update. injured boxer time to recover, and provide Commission's amendments to sections In January 1994, OAL disapproved the that in such a situation, the referee shall 500, 501, 502, 510, 512, 513, 520, 521, Commission's proposed adoption of new penalize the boxer guilty of the foul one 522, and 542, and addition of new sections section 280(c), Title 4 of the CCR, which or more points; 514 and 533, Title 4 of the CCR, regarding would have required boxing and martial arts * amend section 360 to provide that no professional full-contact martial arts and license applicants who have been convicted licensee shall verbally or physically abuse kickboxing. [14:2&3 CRLR 39-40] Among of drug-related crimes to undergo drug an official or Commission representative, other things, these revisions increase the screening. [14:2&3 CRLR 39; 14:1 CRLR and provide that such abuse may result in maximum number of two-minute rounds 33; 13:4 CRLR 34] Although the Commis- suspension, fine, or disciplinary action as in kickboxing and martial arts events from sion originally planned to correct the defi- determined by the Commission; nine to ten, and provide that an additional ciencies and resubmit the proposed regula- * amend section 362 to provide that two rounds shall be allowed for the pur- tion, it subsequently decided to drop the excessive coaching may lead to point(s) pose of championship events; specify that rulemaking package and develop an entirely deduction by the referee, ejection from the all contestants shall have short fingernails new proposal. At this writing, this proposal venue, and disciplinary action by the Com- and toenails and that contestants shall has not yet been published in the California mission; and have at least one extra pair of shorts in an Regulatory Notice Register. - amend section 365 to provide that fans opposing color with them at each match, Credentialing of Ringside Physi- and the swinging of towels are prohibited. contest, or exhibition; provide that contes- cians. At the Commission's July 15 meet- At this writing, the Commission is ex- tants who weigh 147 pounds or less shall ing, Executive Officer Richard DeCuir re- pected to discuss these rulemaking pro- wear eight-ounce gloves, and that contes- ported that staff had been working with posals at its September 23 meeting. tants who weigh more than 147 pounds Dr. Robert Karns, Chair of the Commis- Martial Arts and Kickboxing Regu- shall wear ten-ounce gloves; provide that sion's Medical Advisory Committee, to lations. After two years of work by the when judging a martial arts contest, develop minimum standards for ringside

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physicians. Previously, the Commission $168,000 are forgiven. Also, the 1994 Nevada will be requiring annual physical had no written criteria or standards for Budget Act provided that all revenues col- examinations for its boxers. According to acceptance as a ringside physician. Ac- lected by the Commission, except those DeCuir, staff will continue their efforts to cordingly, staff and Dr. Kams created an collected for the Boxer's Pension Account establish reciprocity guidelines for use by application process for prospective ring- and the Disability Insurance Account, both state commissions. side physicians. shall be deposited into the state's general Also at its July meeting, the Commis- Among other things, the proposed pro- fund instead of into the Athletic Commis- sion discussed a promoter's request to cess would require each physician to sub- sion Fund. [14:2&3 CRLR 40] sponsor a "toughman competition" in Cal- mit a completed ringside physician appli- ifornia. According to Commission staff, a cation; proof of licensure; a list of hospital U LEGISLATION toughman competition is a tournament in privileges; a letter from the administrator The following is a status update on which each winning competitor advances or chief of staff or other party of one of the bills reported in detail in CRLR Vol. 14, to a new round until only one undefeated hospitals showing that the physician is Nos. 2 & 3 (Spring/Summer 1994) at page competitor remains; these tournaments credentialed to practice emergency medi- 40: are based upon different weight classes cine, internal medicine, family practice, SB 2036 (McCorquodale), as amended and typically include fighters who have no general practice, general surgery, or any August 26, creates a "sunset" review pro- professional experience. Although staff other specialty that would be considered cess for occupational licensing boards recommended that the request be granted, relevant to those tasks which a ringside within the Department of Consumer Af- Supervising Deputy Attorney General physician should be able to perform; proof fairs (DCA), requiring each to be compre- Ron Russo expressed doubt about the of malpractice insurance; and two pass- hensively reviewed every four years. SB Commission's legal jurisdiction over such port-size photographs. However, the ap- 2036 imposes an initial "sunset" review an event. Because the promoter was not plication form as drafted states that any date of July 1, 1997 for the Commission; present at the July meeting to respond to ringside physician credentialed prior to creates a Joint Legislative Sunset Review the Commission's many concerns about 1987 need not forward anything but proof Committee which will review the Com- such a competition, Commission Chair of licensure and malpractice insurance, mission's performance approximately fif- William Eastman instructed staff to notify although they are "encouraged" to provide teen months prior to its sunset date; and the promoter that toughman competitions the list of hospital privileges. specifies II categories of criteria under remain prohibited in California. Following discussion, the Commis- which the Commission's performance Also at the July meeting, staff asked for sion unanimously agreed to implement the will be evaluated. Because the Commis- direction regarding situations in which a application process, including a require- sion was originally created in the state boxer is over the contract weight by less ment that the physician sign the applica- constitution, it may not be abolished by than one pound. According to Executive tion under penalty of perjury. the legislature like other DCA agencies; Officer DeCuir, many California contracts Budget Update. At the Commission's however, SB 2036 still requires regular provide that if a boxer is one pound over July 15 meeting, Executive Officer Richard "sunset" review of the Commission. This the specified weight, he/she shall lose the DeCuir reported on the final status of the bill was signed by the Governor on Sep- weight or forfeit a percentage of the purse; Commission's 1993-94 budget. DeCuir tember 26 (Chapter 908, Statutes of 1994). however, no provision is made for boxers noted that the Commission spent approxi- SB 2101 (McCorquodale), as amended who weigh in at less than one pound over mately $565,450 of the $701,000 it was July 7, authorizes the Commission to ob- the contract weight. According to DeCuir, authorized to spend; however, the Commis- tain and review criminal history informa- Commission practice has been to require sion generated only $507,475 in revenue. As tion to determine whether any applicant or such boxers to lose the weight or forfeit a a result, the Commission received a $62,000 licensee has been convicted of or arrested percentage of the purse,just as if the boxer loan from the Bureau of Automotive Repair for any offense for which disposition is exceeded the contract weight by one (BAR) to cover the difference between its still pending, and to use that information pound or more. Following discussion, the revenue and expenditures. DeCuir also re- as grounds to deny an application if they Commission agreed that staff should pre- ported that the Commission's neurological are related to the licensed activity. This bill pare and distribute a policy memo to all examination program spent $235,870 of the was signed by the Governor on September licensees stating that boxers must weigh $382,000 it was authorized to spend; how- 30 (Chapter 1275, Statutes of 1994). in "within one pound" of the contract ever, the Commission's neurological reve- AB 2313 (Cortese), as amended in weight, and that if a boxer is one pound or nue amounted to only $184,730, necessitat- June 1993, would have authorized the more over contract weight, he/she has ing a $51,140 withdrawal from the neuro- Commission to register and establish rec- three hours to lose that weight and come logical reserve fund. Also, DeCuir reported ommended minimum safety and equip- within one pound of the contract weight or that Professional Boxers' Pension Plan con- ment standards for all martial arts studios forfeit a percentage of the purse. tributions totalled $125,240 for fiscal year or schools where contact sparring is per- Finally, the Commission unanimously 1993-94. formed; this bill died in committee. rejected a proposal to exempt promotional Pursuant to the 1994 Budget Act, the tickets which are sold at a discounted price Commission is authorized to spend a total * RECENT MEETINGS of $5.00 or less from the $1.25 neurolog- of $1,042,000 during fiscal year 1994-95, At the Commission's July 15 meeting, ical assessment fee per ticket; the Com- including an estimated $320,000 for its Executive Officer Richard DeCuir re- mission agreed that such an exemption neurological examination program. The ported on staff's efforts toward establish- could severely decrease the revenue base 1994 Budget Act also provided that loans ing a system of reciprocity with the Ne- for its neurological examination program. made to the Commission from BAR's Ve- vada State Athletic Commission. [14:2&3 hicle Inspection Examination Account CRLR 39] DeCuir reported that Nevada's * FUTURE MEETINGS and the Boxer's Neurological Examina- practice has been to require boxers to un- September 23 in Los Angeles. tion Account pursuant to section 14.00 of dergo a once-in-a-lifetime physical exam- November 18 in San Diego. the 1992 Budget Act in the amount of ination; however, effective January 1, 1995, January 13, 1995 in Orange County.

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