BILL NUMBER: AB 1186 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY MAY 6, 2013
AMENDED IN ASSEMBLY APRIL 10, 2013
INTRODUCED BY Assembly Member Bonilla
( Coauthor: Assembly Member
Jones )
FEBRUARY 22, 2013
An act to add Article 8 (commencing with Section 60130)
to Chapter 1 of Part 33 of Division 4 of Title 2 of the Education
Code, relating to pupil instruction. An act to amend
Sections 18625, 18627, and 18702 of, and to add Section 18770 to, the
Business and Professions Code, relating to business, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1186, as amended, Bonilla. Pupil instruction: Common
Core Implementation Block Grant. 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. Existing law prohibits an event
from taking place without the prior approval of the commission.
Existing law prohibits a person from engaging in the promotion of, or
from participating in, a boxing or martial arts contest, match, or
exhibition without a license, except as specified. Existing law
states that protection of the public shall be the highest priority
for the commission.
Existing law defines "martial arts" to include any combination of
full contact martial arts including mixed martial arts and defines
"full contact" as the use of full unrestrained physical force in a
martial arts contest. Under existing law, a "contest" is where full
or partial contact is used or intended that may result or is intended
to result in physical harm to the opponent. Under existing law,
opponents are not required to use their best efforts in any
exhibition or sparring match.
This bill would delete that provision relating to best efforts and
would specify that a contest includes a professional or amateur
contest where full contact is used or intended to result in physical
harm to the opponent. The bill would provide that an amateur contest
includes a contest where full contact is used, even if
unintentionally. The bill would define the term "full contact" to
mean the use of full unrestrained physical force in a martial arts
contest that may result or is intended to result in physical harm to
the opponent.
Existing law authorizes the commission to license professional and
amateur martial arts fighters. Existing law prohibits a person under
18 years of age from participating as a contestant in any contest or
match or exhibition, except that any person 16 years of age or over
may be licensed as an amateur and may participate in an amateur
contest or match.
This bill would instead prohibit a person under 18 years of age
from participating as a contestant in any professional contest or
match or exhibition and authorize any person, irrespective of age, to
participate in an amateur contest, match, or exhibition subject to
that licensure authorization. The bill would specify that the
commission has jurisdiction over all forms and conditions of forms of
full contact martial arts contests involving participants 18 years
of age or younger.
Existing law authorizes the commission to appoint an advisory
committee to advise the commission on martial arts. Existing law
requires the advisory committee to be composed of members with prior
specified experience with kickboxing or full-contact martial arts
events.
This bill would require the commission to establish a pankration
subcommittee, consisting of 3 commission members, to investigate the
rules and conduct of contests involving or claiming to involve
pankration by persons under 18 years of age, or any style deemed by
the subcommittee to be sufficiently similar thereto. The bill would
require the subcommittee to meet and examine specified matters,
including, but not limited to, participant safety in pankration
contests and whether legislation should be enacted to impose
age-based restrictions on those contest participants. The bill would
require the subcommittee to make recommendations to the commission
regarding any administrative actions or statutory changes to be
enacted that may be necessary to improve its regulation and oversight
of pankration contests.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law requires the Academic Content Standards Commission to
develop, and the state board to adopt or reject, academic content
standards in language arts and mathematics that are internationally
benchmarked and build toward college and career readiness by the time
of high school graduation, and requires at least 85% of these
standards to be the common core academic content standards developed
by the Common Core State Standards Initiative consortium or any
associated or related interstate collaboration, except as specified.
This bill would establish the Common Core Implementation Block
Grant for purposes of implementing the adopted common core academic
content standards. The bill would require the Superintendent to
allocate block grant funds to school districts, county offices of
education, and charter schools on the basis of prior year enrollment
and would require the school districts, county offices of education,
or charter schools receiving block grant funds to use those funds for
certain purposes, including professional development of teachers,
administrators, and paraprofessional educators, as specified. The
bill would require, as a condition of receiving block grant funds,
the governing board of a school district, the county board of
education, or the governing body of a charter school to adopt a plan
delineating how the block grant funds shall be spent and to report
detailed expenditure information to the State Department of Education
on or before January 1, 2015, as specified. The bill would require
the department to provide a summary of the expenditure information
provided to it to the appropriate budget subcommittees and policy
committees of the Legislature on or before July 3, 2015. The bill
would require the Common Core Implementation Block Grant to not be
implemented unless funding is provided for the block grant in the
annual Budget Act or another statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18625 of the
Business and Professions Code is amended to read:
18625. "Contest" (a)
As described in the specific provisions of the act, whether
referring to a professional or amateur contest or match, the terms
"contest" and "match" are synonymous, may be used
interchangeably, include boxing, kickboxing, and martial arts
exhibitions, and mean a fight, prizefight, boxing contest, pugilistic
contest, kickboxing contest, martial arts contest, or sparring
match, between two or more persons, where full or partial
contact is used or intended that may result or is intended
to result in physical harm to the opponent. In any
exhibition or sparring match, the opponents are not required to use
their best efforts.
(b) (1) An amateur contest or match includes a contest or match
where full contact is used, even if unintentionally.
(2) An amateur contest or match does not include light contact
karate, tae kwon-do, judo, or any other light contact martial arts as
approved by the commission and recognized by the International
Olympic Committee as an Olympic sport.
SEC. 2. Section 18627 of the Business
and Professions Code is amended to read:
18627. (a) "Martial arts" means any form of karate, kung fu, tae
kwon-do, kickboxing or any combination of full contact martial arts,
including mixed martial arts, or self-defense conducted on a full
contact basis where a weapon is not used.
(b) "Kickboxing" means any form of boxing in which blows are
delivered with the hand and any part of the leg below the hip,
including the foot.
(c) "Full contact" means the use of full unrestrainted
unrestrained physical force in a martial arts
contest that may result or is intended to result in physical
harm to the opponent, including any contact that does not meet the
definition of light contact or noncontact .
(d) "Light contact" means the use of controlled martial arts
techniques whereby contact to the body is permitted in a
restrained manner, no contact to the face is
permitted, permitted and no contact is permitted
which may result or is intended to result in physical harm to the
opponent.
(e) "Noncontact" means that no contact occurs between either
contestant.
SEC. 3. Section 18702 of the Business
and Professions Code is amended to read:
18702. (a) No person under the age
of 18 years of age shall participate as a
contestant in any professional contest or match or
exhibition, except that any person 16 years or over may be
licensed as an amateur and may participate in an amateur contest or
match. exhibition.
(b) Any person, irrespective of age, may participate in an amateur
contest, match, or exhibition subject to Section 18642.
(c) Consistent with Section 18640, the commission shall have
jurisdiction over all forms and combinations of forms of full contact
martial arts contests involving participants 18 years of age or
younger.
SEC. 4. Section 18770 is added to the Business and
Professions Code, to read:
18770. (a) (1) The commission shall establish a pankration
subcommittee to investigate the rules and conduct of contests
involving or claiming to involve pankration by persons under 18 years
of age, or any style deemed by the subcommittee to be sufficiently
similar thereto.
(2) The pankration subcommittee shall consist of three members of
the commission.
(b) The subcommittee shall meet and examine the following matters,
including, but not limited to:
(1) In general, the legality and safety of the contests described
in subdivision (a).
(2) Whether or not legislation should be enacted to impose
age-based requirements or restrictions, which may include a
prohibition on participants engaging in the contests described in
subdivision (a).
(3) Appropriate safety precautions for persons under 18 years of
age engaging in the contests described in subdivision (a).
(c) The subcommittee shall make recommendations to the commission
regarding any administrative actions or statutory changes to be
enacted that may be necessary to improve its regulation and oversight
of the contests described in subdivision (a) in order to adequately
protect participants.
SEC. 5. 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 make needed changes to the State Athletic Commission
Act as soon as possible, it is necessary that this act take effect
immediately.
SECTION 1. Article 8 (commencing with Section
60130) is added to Chapter 1 of Part 33 of Division 4 of Title 2 of
the Education Code, to read:
Article 8. Common Core Implementation Block Grant
60130. This article shall be known, and may be cited, as the
Common Core Implementation Block Grant Act.
60131. (a) For purposes of implementing the common core academic
content standards adopted pursuant to Sections 60605.8, 60605.85, and
60811.3, there is hereby established the Common Core Implementation
Block Grant. It is the intent of the Legislature that school
districts, county offices of education, and charter schools use block
grant funds allocated pursuant to subdivision (b) to support the
integration of common core academic content standards in instruction
for kindergarten and grades 1 to 12, inclusive, for purposes of
establishing quality instructional programs for all pupils.
(b) For the 2013-14 fiscal year, subject to subdivision (d), the
Superintendent shall allocate block grant funds to school districts,
county offices of education, and charter schools on the basis of
prior year enrollment. The allocated block grant funds shall be
available for encumbrance through the 2014-15 fiscal year.
(c) A school district, county office of education, or charter
school shall expend block grant funds allocated pursuant to this
section for any of the following purposes:
(1) Professional development for teachers, administrators, and
paraprofessional educators that is aligned to the common core
academic content standards adopted pursuant to Sections 60605.8,
60605.85, and 60811.3.
(2) Instructional materials aligned to the common core academic
content standards adopted pursuant to Sections 60605.8, 60605.85, and
60811.3, including, but not limited to, supplemental instructional
materials as provided in Sections 60605.86, 60605.87, and 60605.88.
(3) Integration of the common core academic content standards
through technology-based instruction for purposes of improving the
academic performance of pupils, including, but not limited to,
administering computer-based assessments and providing high-speed,
high-bandwidth Internet connectivity for the purpose of administering
computer-based assessments.
(d) As a condition of receiving block grant funds allocated
pursuant to this section, the governing board of a school district,
county board of education, or the governing body of a charter school
shall do both of the following:
(1) Develop and adopt a plan delineating how block grant funds
allocated pursuant to this section shall be spent. The plan shall be
explained in a regularly scheduled public meeting of the governing
board of the school district, county board of education, or governing
body of the charter school, before its adoption in a subsequent
regularly scheduled public meeting.
(2) On or before January 1, 2015, report detailed expenditure
information to the department, including, but not limited to,
specific purchases made and the number of teachers, administrators,
or paraprofessional educators that received professional development.
The department shall determine the format for this report.
(e) The department shall summarize the information reported
pursuant to paragraph (2) of subdivision (d) and shall submit the
summary to the appropriate budget subcommittees and policy committees
of the Legislature on or before July 3, 2015.
60132. This article shall not be implemented unless funding is
provided for the Common Core Implementation Block Grant in the annual
Budget Act or another statute.