H 4546 Session 112 (1997-1998)
H 4546 General Bill, By Knotts, Kirsh and Sharpe
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.
01/28/98 House Introduced and read first time HJ-57
01/28/98 House Referred to Committee on Labor, Commerce and
Industry HJ-57
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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