Current Status Introducing Body:Senate Bill Number:1026 Ratification Number:429 Act Number:381 Primary Sponsor:McGill Type of Legislation:GB Subject:Athletic Commission Date Bill Passed both Bodies:19940428 Computer Document Number:JIC/5342HC.94 Governor's Action:S Date of Governor's Action:19940510 Introduced Date:19940113 Date of Last Amendment:19940317 Last History Body:------ Last History Date:19940510 Last History Type:Act No. 381 Scope of Legislation:Statewide All Sponsors:McGill Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
1026 ______ 19940510 Act No. 381
1026 ______ 19940510 Signed by Governor
1026 ______ 19940504 Ratified R 429
1026 House 19940428 Read third time, enrolled for
ratification
1026 House 19940427 Read second time
1026 House 19940413 Committee Report: Favorable 26
1026 House 19940323 Introduced, read first time, 26
referred to Committee
1026 Senate 19940322 Read third time, sent to House
1026 Senate 19940317 Amended, read second time,
ordered to third reading with
notice of general amendments
1026 Senate 19940309 Committee Report: Favorable 08
with amendment
1026 Senate 19940113 Introduced, read first time, 08
referred to Committee
View additional legislative information at the LPITS web site.
(A381, R429, S1026)
AN ACT TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND MEETINGS OF THE STATE ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER COMPENSATION AUTHORIZED BY THE COUNTY AND AS AUTHORIZED BY THE STATE ATHLETIC COMMISSION IF PAID BY A PROMOTER WHILE THE COUNTY COMMISSIONER HAS BEEN APPOINTED A STATE COMMISSION REPRESENTATIVE FOR AN EVENT.
Be it enacted by the General Assembly of the State of South Carolina:
Administrator appointed
SECTION 1. Section 52-7-15 of the 1976 Code, as last amended by Section 1284, Act 181 of 1993, is further amended to read:
"Section 52-7-15. The commission shall select its chairman and other officers necessary for terms as the commission may designate. The Director of the Department of Labor, Licensing, and Regulation shall appoint an administrator pursuant to Section 40-73-15. Notwithstanding any term for which an officer was elected, the commission may call an election for any officer at any time by a two-thirds vote."
Commission administered
SECTION 2. Section 52-7-20 of the 1976 Code, as last amended by Section 1285, Act 181 of 1993, is further amended to read:
"Section 52-7-20. The commission shall meet at least twice yearly at the call of the chairman. The chairman may call other meetings when considered necessary and must do so on the direction of the majority of the commissioners. The members are allowed the usual per diem, mileage, and subsistence as provided by law for members of boards, committees, and commissions. The administrator shall administer the affairs of the commission under policies established by the commission. Decisions of the administrator may be appealed to the full commission. Any decision of the full commission to suspend, revoke, or deny a permit or license may be appealed to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1."
Designee allowed
SECTION 3. Section 52-7-30 of the 1976 Code, as last amended by Section 1286, Act 181 of 1993, is further amended to read:
"Section 52-7-30. The commission has direction, management, control, and supervision over all boxing, wrestling, and sparring events, exhibitions, contests, and performances whether in person or via closed circuit television (events) in this State. The commission shall promulgate regulations as necessary for the protection of the health and safety of participants and to carry out the provisions of this article. Pursuant to Section 40-73-15, the Director of the Department of Labor, Licensing, and Regulation or his designee may appoint a chief inspector and referees, inspectors, other officials, and clerical help as the Director of the Department of Labor, Licensing, and Regulation determines necessary to administer the provisions of this article."
Disciplinary matters
SECTION 4. Section 52-7-65 of the 1976 Code, as added by Act 64 of 1993, is amended to read:
"Section 52-7-65. In addition to the disciplinary powers of the full commission provided in Section 52-7-60, the administrator or the commission representative in charge of an event may discipline a licensee of the commission who violates the provisions of this article or the applicable regulations by means of license suspension or a civil penalty not exceeding five hundred dollars for each violation. Each day a violation continues is a separate violation. Disciplinary actions of the administrator or the commission representative are appealable to the full commission."
Permits
SECTION 5. Section 52-7-75 of the 1976 Code is amended to read:
"Section 52-7-75. If a promoter knowingly does not apply for a permit at the time and according to the procedures stipulated in the regulations of the commission, the permit may be denied. However, the administrator may issue a permit if the application and other required items are received by the administrator after the deadline if he is satisfied everything else is in order and if the promoter pays a fine of not less than twenty-five dollars a day nor more than one hundred dollars a day for each day that the application for the permit is submitted past the deadline date. Payment of the fine does not preclude action authorized under Sections 52-7-60, 52-7-65, and 52-7-150."
County athletic commissions
SECTION 6. Section 52-7-310 of the 1976 Code, as amended by Act 439 of 1992, is further amended to read:
"Section 52-7-310. The athletic commission of each county consists of five members to be appointed by the governing body of the county for terms of four years and until their successors are appointed and qualify. If no appointment has been made within sixty days after the State Athletic Commission requests in writing for an appointment to be made, the State Athletic Commission may make the appointment. The governing body of the county shall forward a record of the appointees to the commission for filing in the office of the State Athletic Commission which indicates the persons holding office and the duration of their terms. The State Athletic Commission shall designate the functions of county athletic commissions. The county athletic commission shall select its chairman and other officers to serve for terms as the commission may designate. All of the members shall serve without compensation from the State; however, they may receive the per diem, mileage, and subsistence or other compensation that the county authorizes or compensation authorized by the State Athletic Commission to be paid by a promoter if the member has been appointed a commission representative for an event. No member may have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event. The office of a commissioner who fails to attend three consecutive commission meetings is declared vacant and the vacancy must be filled as provided by law. No vacancy occurs if the unaffected commission members vote unanimously to excuse the absences."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 10th day of May, 1994.