Section § 18600

Explanation

This section tells us that the rules and regulations regarding boxing, referred to as the Boxing Act or the State Athletic Commission Act, are contained within this chapter. If any law mentions these Acts, it is talking about this specific set of rules.

This chapter shall be known and may be cited as the Boxing Act or the State Athletic Commission Act.
Whenever a reference is made to the Boxing Act or the State Athletic Commission Act by the provisions of any statute, it is to be construed as referring to the provisions of this chapter.

Section § 18601

Explanation
The Legislature has the power to change, update, or add to any part of this chapter.
The Legislature may amend, revise, or supplement any part of this chapter.

Section § 18602

Explanation

This section creates the State Athletic Commission, which is part of the Department of Consumer Affairs and has seven members. The Governor appoints five members, confirmed by the Senate, while one member each is appointed by the Senate Committee on Rules and the Speaker of the Assembly. Commissioners cannot be people currently or recently licensed under this chapter. At least four members should have expertise in areas like medicine, finance, public safety, or related sports fields. Members serve four-year terms, limited to two consecutive terms, but the initial appointments have varying lengths. This section is valid until January 1, 2029, after which it will be reviewed by the Legislature.

(a)CA Business & Professions Code § 18602(a) Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code.
No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission.
(b)CA Business & Professions Code § 18602(b) In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas:
(1)CA Business & Professions Code § 18602(b)(1) A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine.
(2)CA Business & Professions Code § 18602(b)(2) Financial management.
(3)CA Business & Professions Code § 18602(b)(3) Public safety.
(4)CA Business & Professions Code § 18602(b)(4) Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator.
(c)CA Business & Professions Code § 18602(c) Each member of the commission shall be appointed for a term of four years. All terms shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No commission member may serve more than two consecutive terms.
(d)CA Business & Professions Code § 18602(d) Notwithstanding any other provision of this chapter, members first appointed shall be subject to the following terms:
(1)CA Business & Professions Code § 18602(d)(1) The Governor shall appoint two members for two years, two members for three years, and one member for four years.
(2)CA Business & Professions Code § 18602(d)(2) The Senate Committee on Rules shall appoint one member for four years.
(3)CA Business & Professions Code § 18602(d)(3) The Speaker of the Assembly shall appoint one member for four years.
(e)Copy CA Business & Professions Code § 18602(e)
(1)Copy CA Business & Professions Code § 18602(e)(1) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(2)CA Business & Professions Code § 18602(e)(2) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

Section § 18602.1

Explanation

The main focus of the State Athletic Commission is to protect the public. If there are conflicts between protecting the public and other goals, public protection must always come first.

Protection of the public shall be the highest priority for the State Athletic Commission in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Section § 18602.5

Explanation

This law requires a commission to create and present a strategic plan to the Governor and Legislature addressing certain issues with the State Athletic Commission. This plan must cover how the commission regulates the profession, set fees, and manage financial aspects like contracts and training costs. It should address outdated technology, accounting issues, and ensure enough funding sources. The law also mandates consideration of health and safety at athletic events. Public and expert input is necessary, and progress must be reported back by a specified deadline.

(a)CA Business & Professions Code § 18602.5(a) The commission shall adopt and submit a strategic plan to the Governor and the Legislature on or before September 30, 2008. The commission shall also submit a report to the Governor and the Legislature on the status of the adoption of the strategic plan during the commission’s next regularly scheduled sunset review after January 1, 2007. The strategic plan shall include, but shall not be limited to, efforts to resolve prior State Athletic Commission deficiencies in the following areas:
(1)CA Business & Professions Code § 18602.5(a)(1) Regulation of the profession, what fees should be paid for this regulation, and the structure and equity of the fees charged.
(2)CA Business & Professions Code § 18602.5(a)(2) The effect and appropriateness of contracts made pursuant to Section 18828.
(3)CA Business & Professions Code § 18602.5(a)(3) Costs to train ringside physicians, referees, timekeepers, and judges.
(4)CA Business & Professions Code § 18602.5(a)(4) Steps that need to be taken to ensure sufficient sources of revenue and funding.
(5)CA Business & Professions Code § 18602.5(a)(5) Necessity for review and modification of organizational procedures, the licensing process, and the complaint process.
(6)CA Business & Professions Code § 18602.5(a)(6) Outdated information technology.
(7)CA Business & Professions Code § 18602.5(a)(7) Unorganized and improper accounting.
(8)CA Business & Professions Code § 18602.5(a)(8) Miscalculations at events, a lack of technology to record proper calculations, and funding issues.
(9)CA Business & Professions Code § 18602.5(a)(9) The health and safety of the participants and the public in attendance at events regulated under this chapter, including costs of examinations under Section 18711.
(b)CA Business & Professions Code § 18602.5(b) The commission shall solicit input from the public, the State Auditor, the Little Hoover Commission, the Center for Public Interest Law, and others as necessary in preparing and adopting the strategic plan.
(c)CA Business & Professions Code § 18602.5(c) The commission shall report on progress in implementing the strategic plan to the Director of Consumer Affairs, the Governor, and the Legislature on or before September 30, 2009.

Section § 18604

Explanation
The person or group responsible for appointing commission members can remove a member if there's a valid reason, as listed in another section of the law.
The appointing authority may remove any member of the commission for causes specified in Section 106.

Section § 18605

Explanation

This section explains that for the commission to conduct business, more than half of its appointed members must be present. If they want to make a decision or approve something, more than half of those present must agree.

A majority of the appointed members of the commission constitute a quorum for the transaction of business. The affirmative vote of a majority of those commissioners present at a meeting of the commission constituting at least a quorum is necessary to render a decision or pass a motion.

Section § 18606

Explanation

This law section states that each year, or whenever there is an open spot, the commission's members must choose one member to be the chair and another to be the vice-chair at their first meeting.

The members of the commission shall elect one of their number as the chair and another member as the vice-chair. The chair and vice-chair shall be elected at the first meeting of each calendar year or when a vacancy exists.

Section § 18607

Explanation

Commission members are entitled to a daily allowance and travel expenses, according to specific rules detailed in Section 103.

Each member of the commission shall receive a per diem and necessary travel expenses as provided in Section 103.

Section § 18608

Explanation

This law states that a commission is considered a board under certain rules starting from Section 100, but it's not treated as a board created by an initiative act for Section 102 purposes.

The commission is subject to all of the provisions of Division 1 (commencing with Section 100) and for the purposes of that division shall be deemed to be a board, except for the purposes of Section 102 the commission shall not be deemed to be a board created by an initiative act.

Section § 18610

Explanation
The commission is required to create an official seal for use.
The commission shall adopt a seal.

Section § 18611

Explanation
This section states that the commission in charge of regulating boxing and martial arts must create, change, or cancel rules as needed, following the official procedure set by the Administrative Procedure Act, to effectively enforce related laws.
The commission shall adopt, amend, or repeal, in accordance with the Administrative Procedure Act, rules and regulations as may be necessary to enable it to carry out the laws relating to boxing and the martial arts.

Section § 18613

Explanation

This law section explains the roles and responsibilities related to the appointment and work of certain officials within a commission overseeing athletic events. The commission can appoint an executive officer, with approval from the Director of Consumer Affairs, to carry out tasks assigned by the commission. They can also hire a chief athletic inspector and an assistant, who help manage event regulations. Additionally, other staff necessary for carrying out duties can be employed. The executive officer is protected from liability for discretionary actions taken while performing duties. This section of the law is set to expire on January 1, 2029.

(a)Copy CA Business & Professions Code § 18613(a)
(1)Copy CA Business & Professions Code § 18613(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)CA Business & Professions Code § 18613(a)(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)CA Business & Professions Code § 18613(a)(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)CA Business & Professions Code § 18613(a)(4) The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter.
(b)Copy CA Business & Professions Code § 18613(b)
(1)Copy CA Business & Professions Code § 18613(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)CA Business & Professions Code § 18613(b)(1)(B) This paragraph is declaratory of existing law and does not constitute a change in existing law.
(2)CA Business & Professions Code § 18613(b)(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)CA Business & Professions Code § 18613(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Section § 18615

Explanation

This law states that an inspector cannot oversee an event unless they have attended a clinic or received formal training about the commission's rules and issues in the last six months. The commission can cover travel costs for inspectors attending this training.

No inspector shall be assigned to regulate an event under the authority or jurisdiction of the commission, who, within the preceding six months, has not participated in an inspectors’ clinic or received formal training, at which the laws and rules of the commission and related problems have been discussed. The commission is authorized to pay the necessary traveling expenses of an inspector while in attendance at the clinic or formal training.

Section § 18618

Explanation

This law requires the commission to provide a report to the Governor and Legislature by July 30, 2012. The report covers two main areas: First, the status of the Neurological Examination Account, including the money collected from promoters and how it’s spent. It also asks for recommendations about creating a medical database for tracking injuries and deaths in competitions. Second, the report discusses the Boxers' Pension Fund, including whether it should continue and possibly expand to cover all athletes and relevant fees.

The commission shall furnish to the Governor and the Legislature a report, on or before July 30, 2012, on the following:
(a)CA Business & Professions Code § 18618(a) The condition of the State Athletic Commission Neurological Examination Account. This report shall include the amount of the assessment collected from each promoter pursuant to Section 18711, the purposes for which moneys in the account are expended, and findings and recommendations on the amounts, appropriateness, and effectiveness of these assessments. The report shall also include a recommendation on the viability and need for creating a medical database that would be used for identifying trends in medical records and data associated with injuries and deaths related to competing.
(b)CA Business & Professions Code § 18618(b) The condition of the Boxers’ Pension Fund. This report shall include a recommendation on whether the fund should be continued and, if so, whether it should be expanded to include all athletes licensed under this chapter and appropriate fees paid into the fund.