South Carolina General Assembly
112th Session, 1997-1998

Bill 4546


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4546
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19980128
Primary Sponsor:                   Knotts
All Sponsors:                      Knotts, Sharpe and Kirsh 
Drafted Document Number:           bbm\9603ac.98
Residing Body:                     House
Current Committee:                 Labor, Commerce and Industry
                                   Committee 26 HLCI
Subject:                           Athletic Commission, District;
                                   each judicial circuit to have;
                                   legislative delegation appointments;
                                   Athletics



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19980128  Introduced, read first time,             26 HLCI
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND TITLE 52, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION AND THE LICENSURE AND REGULATION OF COMBATIVE SPORTS SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO REESTABLISH THE COUNTY ATHLETIC COMMISSION BOARDS AS DISTRICT BOARDS COMMENSURATE WITH THE JUDICIAL CIRCUITS IN THE STATE AND TO HAVE THE APPOINTMENTS MADE BY THE RESPECTIVE LEGISLATIVE DELEGATIONS RATHER THAN THE COUNTY GOVERNING BODIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 52, Chapter 7 of the 1976 Code is amended to read:

"CHAPTER 7

State and County District Athletic Commissions

Article 1

State Athletic Commission

Section 52-7-10. There is created the State Athletic Commission consisting of seven members appointed by the Governor with the advice and consent of the Senate. One member must be appointed from each congressional district of the State and one from the State at large. The terms of the members are for four years and until their successors are appointed and qualify. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners and employees of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event.

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.

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.

Section 52-7-25. Instead of per diem, the Chief Athletic Commissioner may receive such compensation as may be provided by the General Assembly.

Section 52-7-30. The commission has direction, management, control, and supervision over all combative sports in this State including, but not limited to, boxing, wrestling, and sparring events, exhibitions, contests, and performances whether in person or via closed circuit television 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. Schools or organizations that fall under the auspices of the United States Olympic Committee, events sponsored by USA Boxing - South Carolina Association, Inc., and businesses that offer instruction in the combative sports are exempt from the provisions of this article. If upon investigation the commission determines that associations or other entities have health and safety rules sufficient to meet the requirements of this article, the commission may exempt these associations or other entities from the regulations promulgated by the commission pursuant to 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.

Section 52-7-35. For the purpose of this chapter:

(1) "Combative sports" as used in this article means contests in which the participants are disposed to fight before an audience on a platform, a pad, or in an area surrounded by ropes or other markings.

(2) "Weapon" means anything that is not a part of the human body, excluding boxing gloves and equipment used in combative sports that are exempt from the provisions of this article by Section 52-7-30, which may be used to strike a person either through direct contact or the expulsion of a projectile.

Section 52-7-40. No person may hold or participate in an event without a license from the commission. All licenses are valid for one year. The commission shall by regulation establish a schedule of fees for licenses.

Section 52-7-50. Every application for a license under this section must be duly verified and in writing, and, in the case of a corporation or association, signed by its president and attested by its secretary. It shall set forth the information required by the commission and the application for a participant's license must be accompanied by a copy of the applicant's birth certificate or other proof of age as may be acceptable to the commission and a written waiver by the applicant of any cause of action against any member or employee of the commission, or of any county athletic commission, referee, ringside physician, or other official arising out of the proper performance of their official duties. No license may be granted to a participant less than eighteen years of age but the commission may by unanimous vote waive this age limit for a specific participant. License applications must be filed with the commission at least one week prior to the commission's actions but the time requirement may be waived in the event of emergency substitutions.

Section 52-7-60. The commission may revoke any license, after hearing, for cause. It may discipline any principal, manager, second, promoter, matchmaker, participant, or other licensee who violates the provisions of this article or the applicable regulations. Disciplinary action may take the form of a civil penalty or revocation or suspension of a license held by a licensee connected with the violation for all or any part of the unexpired portion and a refusal to renew a license, or both.

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.

Section 52-7-70. No boxing event may be held by any person unless the person has notified, at least two weeks in advance, the commission, in a form prescribed by the commission, of the proposed event and in addition to having a license as contained in Section 52-7-40, has obtained from the commission at least ten days prior to the proposed date, a written permit. No boxing permit may be issued unless the applicant:

(1) provides the names of all anticipated participants;

(2) provides evidence that a policy of medical and hospitalization insurance satisfactory to the commission covers every participant;

(3) files a surety bond with the applications in an amount equal to the total value of any purse offered.

No wrestling event may be held by any person unless the person has a current license issued as required in Section 52-7-40 and has complied with the regulations for obtaining a permit issued by the commission.

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.

Section 52-7-80. No person may be licensed to participate in any event who is not at least eighteen years of age but the commission may waive this prohibition for a specific participant as provided in Section 52-7-50.

Section 52-7-90. Each participant must have a physician's certificate issued prior to the event stating that the participant is in good physical condition.

No boxing event may be held unless a licensed physician is at ringside.

Section 52-7-100. A participant who has suffered a knockout may not take part in any event for thirty days following the knockout.

Section 52-7-110. No event may be more than fifteen rounds in length. The boxing participants shall wear gloves weighing at least eight ounces.

Section 52-7-120. Any building or structure used or intended to be used for any boxing, wrestling, or sparring event must be properly ventilated and provided with fire escapes and must conform with the laws, ordinances, and regulations pertaining to buildings in the political subdivision where it is situated.

Section 52-7-130. Any person who sells, or causes to be sold, more tickets or invitations for any boxing, wrestling, or sparring event than the seating capacity of the building or structure actually used for an event shall forfeit his license, and is disqualified from receiving any new license or any renewal of license.

Section 52-7-140. The provisions of this article do not apply to any boxing, wrestling, or sparring exhibition, contest, or performance conducted by any institution of higher education or secondary school if all participants are students regularly enrolled in the institution or school, nor does this article apply to boxing or wrestling matches sanctioned by the Amateur Athletic Union or the United States Amateur Boxing Federation or such other amateur association, or group approved by the commission.

Section 52-7-145. Contests involving more than one of the combative sports or combative sports in which weapons are used shall be unlawful in this State, and any person violating this section is guilty of a misdemeanor and, upon conviction, shall be punished in accordance with the provisions of Section 52-7-150.

Section 52-7-150. Any person who knowingly violates the provisions of this article, or regulations promulgated thereunder is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.

Article 3

County Athletic Commissions

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.

Section 52-7-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the State Athletic Commission regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.

Section 52-7-10. There is created the State Athletic Commission consisting of seven members appointed by the Governor with the advice and consent of the Senate. One member must be appointed from each congressional district of the State and one from the State at large. The terms of the members are for four years and until their successors are appointed and qualify. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners and employees of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event.

Section 52-7-20. For the purposes of this article:

(1) 'Combative sports' means contests in which the participants are disposed to fight before an audience on a platform, a pad, or in an area surrounded by ropes or other markings.

(2) 'Weapon' means anything that is not a part of the human body which may be used to strike a person either through direct contact or the expulsion of a projectile, excluding boxing gloves and equipment used in combative sports that are exempt from this article pursuant to Section 52-7-70.

Section 52-7-30. No person may hold or participate in an event unless licensed pursuant to this article. The State Athletic Commission has the sole authority to issue licenses pursuant to this article.

Section 52-7-50. The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.

Section 52-7-60. (A) The commission shall elect a chairman and other officers the commission may designate. 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.

(B) 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 a 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.

(C) The Director of the Department of Labor, Licensing and Regulation shall appoint an administrator to administer the affairs of the commission under policies established by the commission. Decisions of the administrator may be appealed to the full commission. The director of the department or the director's designee, also may appoint a chief inspector and referees, inspectors, other officials, and clerical help as the director determines necessary to administer this article.

Section 52-7-70. (A) In addition to the powers and duties provided in this chapter, the commission has those powers and duties set forth in Section 40-1-70.

(B) The commission has direction, management, control, and supervision over all combative sports in this State including, but not limited to, boxing and wrestling exhibitions, contests, and performances whether conducted in person or via closed circuit television in this State.

(C) 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. If upon investigation the commission determines that associations or other entities have health and safety rules sufficient to meet the requirements of this article, the commission may exempt these associations or other entities from these regulations.

Section 52-7-80. The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this article as provided for in Section 40-1-80.

Section 52-7-90. The results of an investigation must be presented to the commission and any subsequent hearing must be conducted in accordance with Section 40-1-90.

Section 52-7-100. In addition to other remedies provided for in this chapter or Chapter 1, Title 40, the commission in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this article.

Section 52-7-110. In addition to the disciplinary powers of the commission provided in Sections 52-7-120(B) and 40-1-120, the administrator or the commission representative in charge of an event may discipline a licensee who violates a provision of this article or a regulation promulgated pursuant to this article by suspending the person's license or imposing 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.

Section 52-7-115.The commission has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.

Section 52-7-120. (A) If a person violates a provision of this article or a regulation promulgated pursuant to this article, in addition to the sanctions it may impose pursuant to Section 40-1-120, the commission may:

(1) refuse to renew a license or revoke or suspend a license for all or any part of the unexpired portion of the license;

(2) impose a fine against a principal, manager, second, promoter, matchmaker, participant, or other licensee not to exceed two hundred dollars for each violation, and each day a violation continues is a separate violation.

(B) A sanction imposed or disciplinary action taken pursuant to this section may be appealed to an administrative law judge pursuant to the Administrative Procedures Act.

Section 52-7-130. If a promoter knowingly does not apply for a permit at the time and according to the procedures stipulated in regulations promulgated pursuant to this article, 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 the administrator is satisfied everything else is in order and if the promoter pays a fine of not less than twenty-five dollars a day not more than one hundred dollars a day for each day that the application for the permit is submitted past the deadline date. Imposition of this fine is in addition to any other penalties that may be imposed pursuant to this article.

Section 52-7-140. A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.

Section 52-7-150. A licensee under investigation for a violation of this article or a regulation promulgated under this article may voluntarily surrender the license in accordance with Section 40-1-150.

Section 52-7-160. A person aggrieved by a final action of the commission may seek review of the decision in accordance with Section 40-1-160.

Section 52-7-170. A person found in violation of this article or a regulation promulgated pursuant to this article may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

Section 52-7-180. All costs and fines imposed pursuant to this article must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Section 52-7-190. Investigations and proceedings conducted under the provisions of the article are confidential, and all communications are privileged as provided for in Section 41-1-190.

Section 52-7-200. A person who knowingly violates the provisions of this article or a regulation promulgated pursuant to this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.

Section 52-7-210. In addition to initiating a criminal proceeding for a violation of this article, the commission may seek civil penalties and injunctive relief in accordance with Section 40-1-210.

Section 52-7-220. (A) An application for licensure under this article must be in writing containing the information required by the commission, and it must be signed and verified. In the case of a corporation or association, the application must be signed by its president and attested to by its secretary. The application for a participant's license must be accompanied by a copy of the applicant's birth certificate or other proof of age as may be acceptable to the commission and by a written waiver by the applicant of any cause of action against a member or employee of the commission or of any district athletic commission or against a referee, ringside physician, or other official arising out of the proper performance of their official duties. License applications must be filed with the commission at least five days before the commission's actions, but the time requirement may be waived in the event of emergency substitutions.

(B) All licenses are valid from January first of the preceding year to January first of the next.

(C) The commission shall by regulation establish a schedule of fees for licenses.

Section 52-7-230. No event may be held by a person unless the person has notified the commission of the proposed event at least ten working days in advance in a form prescribed by the commission. In addition to being licensed as required by this article, the person also must have obtained a written permit from the commission. No permit may be issued unless the applicant:

(1) provides the names of all anticipated participants;

(2) provides evidence that a policy of medical and hospitalization insurance satisfactory to the commission covers every participant;

(3) files a surety bond with the application in an amount equal to the total value of any purse offered.

Section 52-7-240. (A) A person must be eighteen years or older to be licensed to participate in any event; however, by unanimous vote the commission may waive this age restriction for a specific participant.

(B) Each participant in an event must have a physician's certificate issued prior to the event stating that the participant is in good physical condition.

(C) A participant who has suffered a knockout may not take part in any event for thirty days following the knockout.

Section 52-7-270. No boxing event may be held unless a licensed physician is at ringside. No boxing event may be more than twelve rounds in length. The boxing participants shall wear gloves weighing at least eight ounces.

Section 52-7-280. A building or structure used or intended to be used for an event must be properly ventilated and must conform with the laws, ordinances, and regulations pertaining to buildings in the political subdivision where it is situated.

Section 52-7-290. A person who sells, or causes to be sold, more tickets or invitations for any boxing, wrestling, or sparring event than the seating capacity of the building or structure actually used for an event may be subject to disciplinary sanctions by the commission.

Section 52-7-300. This article does not apply to:

(1) a boxing, wrestling, or sparring exhibition, contest, or performance conducted by any institution of higher education or a secondary school if all participants are students regularly enrolled in the institution or school;

(2) boxing or wrestling matches sanctioned by the Amateur Athletic Union or the United States Amateur Boxing Federation or other amateur associations, or groups approved by the commission;

(3) schools or organizations that fall under the auspices of the United States Olympic Committee;

(4) events sponsored by USA Boxing - South Carolina Association, Inc.; and

(5) businesses that offer instruction in combative sports.

Section 52-7-310. Contests involving more than one of the combative sports or combative sports in which weapons are used are unlawful in this State. A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished in accordance with Section 52-7-200.

Section 52-7-320. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Article 3

District Athletic Commissions

Section 52-7-510. There is created a district athletic commission within each judicial circuit consisting of five members to be appointed by the legislative delegation representing the respective judicial district. If no appointment has been made within sixty days after the State Athletic Commission requests the delegation, in writing, to make an appointment, the State Athletic Commission may make the appointment. Each legislative delegation shall forward a record of the appointees for its respective district and their terms of office to the State Athletic Commission for filing in the office of the commission. Members of the district commissions shall serve terms of four years and until their successors are appointed and qualify. The State Athletic Commission shall designate the functions of district athletic commissions. Each district athletic commission shall select a chairman and other officers to serve for terms as the State Athletic Commission may designate. 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 in the same manner as the original appointment. However, no vacancy occurs if the unaffected commission members vote unanimously to excuse the absences."

SECTION 2. This act takes effect upon approval by the Governor.

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