Cali seeks to raise PED fine from $2,500 to 40% of purse
The maximum fine for a PED violation in currently an antiquated $2,500. CSAC Executive Direction Andy Foster seels to raise that to 40% of purse.
British Columbia litigation lawyer, combat sports law consultant, and deeply appreciated UGer Erik Magraken notes that in the wake of Nevada’s recent decision to up the ante for doping violators in combat sports, California appears geared to do the same.
This week California Senate Bill 469 underwent hearing and passed a vote in the Senate Appropriations Committee. The Bill seeks to increase the California State Athletic Commission’s penalties for doping violations from a ceiling of $2,500 to a maximum of 40% of a fighter’s purse.
The overhauled legislative sections are proposed read as follows:
18649. (a) The administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any
prohibited substance specified in the Prohibited List of the World
Anti-Doping Code, as adopted by the World Anti-Doping Agency, by a professional or amateur boxer or martial arts fighter licensed by the commission shall be prohibited. The commission, in its discretion and pursuant to regulations adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), may determine the necessity of exemptions to this section for certain licensees.
(b) The commission may conduct testing at any time during the
period of licensure for a professional or amateur boxer or martial arts fighter licensed by the commission to ensure compliance with subdivision (a).
(c) The commission may collect blood and urine specimens from a professional or amateur boxer or martial arts fighter licensed by the commission to detect the presence of any prohibited substances. Collection of specimens shall be done in the presence of authorized commission personnel.
(d) A professional or amateur boxer or martial arts fighter
licensed by the commission, for which the presence of a prohibited substance is detected through testing by the commission, shall be in violation of this section and subject to the penalties described in Section 18843.
SEC. 5. Section 18843 of the Business and Professions Code is amended to read:
18843. (a) In addition to its authority under other provisions of this chapter to take action against a licensee, the commission, its executive officer, or his or her duly authorized representative shall have the authority to assess fines not to exceed two thousand five hundred dollars ($2,500) for each violation of any of the provisions of this chapter or any of the rules and regulations of the commission.
(b) Notwithstanding any other provision, the commission may also assess a fine equal to 40% percent of the total purse for a violation of Section 18649 related to the use of prohibited substances.