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 employee’s 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.