AB 1813: State Athletic Commission Act: officers and personnel.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-08-26
Existing law, the State Athletic Commission Act, the violation of which is a misdemeanor, establishes the State Athletic Commission and sets forth its powers and duties relating to the regulation of specified athletic events. Existing law, until January 1, 2024, authorizes the commission to employ specified officers and other personnel and requires the commission to appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by the act. Existing law, the Government Claims Act, provides that, except as provided by statute, a public employee is not liable for an injury resulting from the employees act or omission if the act or omission was the result of the exercise of the discretion vested in that employee, whether or not that discretion was abused.
This bill would specify that the executive officer is not liable for discretionary acts taken while performing duties pursuant to the act and would state that this provision is declaratory of existing law and does not constitute a change in existing law. The bill would also specify that the approval of contests and the assignment of officials for contests by the executive officer under the act are discretionary acts.
This bill would extend the provisions relating to the appointment of the executive officer and other officers and personnel, until January 1, 2025. By expanding the scope of existing crimes, this bill would impose 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the State Athletic Commission Act, the violation of which is a misdemeanor, establishes the State Athletic Commission and sets forth its powers and duties relating to the regulation of specified athletic events. Existing law, until January 1, 2024, authorizes the commission to employ specified officers and other personnel and requires the commission to appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by the act. Existing law, the Government Claims Act, provides that, except as provided by statute, a public employee is not liable for an injury resulting from the employees act or omission if the act or omission was the result of the exercise of the discretion vested in that employee, whether or not that discretion was abused.
This bill would specify that the executive officer is not liable for discretionary acts taken while performing duties pursuant to the act and would state that this provision is declaratory of existing law and does not constitute a change in existing law. The bill would also specify that the approval of contests and the assignment of officials for contests by the executive officer under the act are discretionary acts.
This bill would extend the provisions relating to the appointment of the executive officer and other officers and personnel, until January 1, 2025. By expanding the scope of existing crimes, this bill would impose 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the State Athletic Commission Act, the violation of which is a misdemeanor, establishes the State Athletic Commission and sets forth its powers and duties relating to the regulation of specified athletic events. Existing law, until January 1, 2024, authorizes the commission to employ specified officers and other personnel and requires the commission to appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by the act. Existing law, the Government Claims Act, provides that, except as provided by statute, a public employee is not liable for an injury resulting from the employees act or omission if the act or omission was the result of the exercise of the discretion vested in that employee, whether or not that discretion was abused.
This bill would specify that the executive officer is not liable for discretionary acts, including the approval of contests and the assignment of officials for contests, acts taken while performing duties pursuant to the act. The bill act and would state that this provision is declaratory of existing law and does not constitute a change in existing law. The bill would also specify that the approval of contests and the assignment of officials for contests by the executive officer under the act are discretionary acts.
This bill would extend the provisions relating to the appointment of the executive officer and other officers and personnel, until January 1, 2025. By expanding the scope of existing crimes, this bill would impose 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the State Athletic Commission Act, requires the State Athletic Commission the violation of which is a misdemeanor, establishes the State Athletic Commission and sets forth its powers and duties relating to the regulation of specified athletic events. Existing law, until January 1, 2024, authorizes the commission to employ specified officers and other personnel and requires the commission to appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by the act. Existing law, the Government Claims Act, provides that, except as provided by statute, a public employee is not liable for an injury resulting from the employees act or omission if the act or omission was the result of the exercise of the discretion vested in that employee, whether or not that discretion was abused.
This bill would specify that the executive officer is not liable for discretionary acts, including the approval of contests and the assignment of officials for contests, taken while performing duties pursuant to the act. The bill would state that this provision is declaratory of existing law and does not constitute a change in existing law.
This bill would extend the provisions relating to the appointment of the executive officer and other officers and personnel, until January 1, 2025. By expanding the scope of existing crimes, this bill would impose 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the State Athletic Commission Act, requires the State Athletic Commission to appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by the act. Existing law, the Government Claims Act, provides that, except as provided by statute, a public employee is not liable for an injury resulting from the employees act or omission if the act or omission was the result of the exercise of the discretion vested in that employee, whether or not that discretion was abused.
This bill would specify that the executive officer is not liable for discretionary acts, including the approval of contests and the assignment of officials for contests, taken while performing duties pursuant to the act. The bill would state that this provision is declaratory of existing law and does not constitute a change in existing law.
(a)(1)The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs.
(2)The commission may employ a chief athletic inspector. If the commission employs a chief athletic inspector, the chief athletic inspector shall exercise the powers and perform the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(3)The commission may employ an assistant chief athletic inspector. If the commission employs an assistant chief athletic inspector, the assistant chief athletic inspector shall assist the chief athletic inspector in exercising the powers and performing the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(4)The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter.
(b)(1)(A)Pursuant to Section 820.2 of the Government Code, the executive officer appointed pursuant to this section shall not be liable for discretionary acts taken while performing duties pursuant to this chapter.
(B)This paragraph is declaratory of existing law and does not constitute a change in existing law.
(2)The approval of contests and the assignment of officials for contests by the executive officer under this chapter shall be considered discretionary acts pursuant to Section 820.2 of the Government Code.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs.
(2)The commission may employ a chief athletic inspector. If the commission employs a chief athletic inspector, the chief athletic inspector shall exercise the powers and perform the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(3)The commission may employ an assistant chief athletic inspector. If the commission employs an assistant chief athletic inspector, the assistant chief athletic inspector shall assist the chief athletic inspector in exercising the powers and performing the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(4)The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter.
(b)(1)(A)Pursuant to Section 820.2 of the Government Code, the executive officer appointed pursuant to this section shall not be liable for discretionary acts taken while performing duties pursuant to this chapter.
(B)This paragraph is declaratory of existing law and does not constitute a change in existing law.
(2)The approval of contests and the assignment of officials for contests by the executive officer under this chapter shall be considered discretionary acts pursuant to Section 820.2 of the Government Code.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs.
(2)The commission may employ a chief athletic inspector. If the commission employs a chief athletic inspector, the chief athletic inspector shall exercise the powers and perform the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(3)The commission may employ an assistant chief athletic inspector. If the commission employs an assistant chief athletic inspector, the assistant chief athletic inspector shall assist the chief athletic inspector in exercising the powers and performing the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(4)The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter.
(b)(1)(A)Pursuant to Section 820.2 of the Government Code, the executive officer appointed pursuant to this section shall not be liable for discretionary acts, including the approval of contests and the assignment of officials for contests, acts taken while performing duties pursuant to this chapter.
(2)(B)This subdivision paragraph is declaratory of existing law and does not constitute a change in existing law.
(2)The approval of contests and the assignment of officials for contests by the executive officer under this chapter shall be considered discretionary acts pursuant to Section 820.2 of the Government Code.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs.
(2)The commission may employ a chief athletic inspector. If the commission employs a chief athletic inspector, the chief athletic inspector shall exercise the powers and perform the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(3)The commission may employ an assistant chief athletic inspector. If the commission employs an assistant chief athletic inspector, the assistant chief athletic inspector shall assist the chief athletic inspector in exercising the powers and performing the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(4)The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter.
(b)(1)Pursuant to Section 820.2 of the Government Code, the executive officer appointed pursuant to this section shall not be liable for discretionary acts, including the approval of contests and the assignment of officials for contests, taken while performing duties pursuant to this chapter.
(2)This subdivision is declaratory of existing law and does not constitute a change in existing law.
(c)This section shall remain in effect only until January 1, 2024, 2025, and as of that date is repealed.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs.
(2)The commission may employ a chief athletic inspector. If the commission employs a chief athletic inspector, the chief athletic inspector shall exercise the powers and perform the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(3)The commission may employ an assistant chief athletic inspector. If the commission employs an assistant chief athletic inspector, the assistant chief athletic inspector shall assist the chief athletic inspector in exercising the powers and performing the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter.
(4)The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter.
(b)(1)Pursuant to Section 820.2 of the Government Code, the executive officer appointed pursuant to this section shall not be liable for discretionary acts, including the approval of contests and the assignment of officials for contests, taken while performing duties pursuant to this chapter.
(2)This subdivision is declaratory of existing law and does not constitute a change in existing law.
(b)(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
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Date
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Status
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|---|---|
| Aug 26, 2022 | Chaptered by Secretary of State - Chapter 177, Statutes of 2022. |
| Aug 26, 2022 | Approved by the Governor. |
| Aug 16, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 11, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5810.). |
| Aug 8, 2022 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 10 pursuant to Assembly Rule 77. |
| Aug 8, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4680.). |
| Aug 2, 2022 | Read second time. Ordered to Consent Calendar. |
| Aug 1, 2022 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 30, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (June 28). |
| Jun 21, 2022 | In committee: Hearing postponed by committee. |
| Jun 14, 2022 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 13). Re-referred to Com. on JUD. |
| Jun 8, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Jun 1, 2022 | Referred to Coms. on B., P. & E.D. and JUD. |
| May 24, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4823.) |
| May 4, 2022 | Read second time. Ordered to third reading. |
| May 3, 2022 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (May 3). Re-referred to Com. on JUD. |
| Apr 28, 2022 | Assembly Rule 56 suspended. (Page 4455.) |
| Feb 18, 2022 | Referred to Coms. on A.,E.,S.,T., & I.M. and JUD. |
| Feb 8, 2022 | From printer. May be heard in committee March 10. |
| Feb 7, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 11, 2022 | AB 1813 Medina Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 8, 2022 | Consent Calendar AB1813 | Senate Floor |
Passed |
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| May 23, 2022 | AB 1813 Medina Assembly Third Reading | Assembly Floor |
Passed |
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