Current Status Introducing Body:House Bill Number:4361 Primary Sponsor:Wright Type of Legislation:GB Subject:Athletic Regulation Division Residing Body:Senate Companion Bill Number:1169 Computer Document Number:JIC/6014.HC Introduced Date:Feb 05, 1992 Date of Last Amendment:Apr 08, 1992 Last History Body:Senate Last History Date:Jun 03, 1992 Last History Type:Read second time, ordered to third reading with notice of general amendments, carrying over all amendments to third reading Scope of Legislation:Statewide All Sponsors:Wright Harrelson A. Young J. Bailey Rhoad Koon McLeod Hallman G. Bailey Meacham Sturkie Sharpe P. Harris Smith Farr M.O. Alexander Felder Neilson Snow Foster Whipper J. Williams Wells Townsend T.C. Alexander Vaughn Keegan Huff Wofford Cato L. Martin Harvin Stoddard Jennings Chamblee Lanford Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4361 Senate Jun 03, 1992 Read second time, ordered to
third reading with notice of
general amendments, carrying
over all amendments to third
reading
4361 Senate May 12, 1992 Polled out of Committee: 12
Favorable with amendment
4361 Senate Apr 14, 1992 Introduced, read first time, 12
referred to Committee
4361 House Apr 09, 1992 Read third time, sent to
Senate
4361 House Apr 08, 1992 Amended, read second time
4361 House Mar 26, 1992 Debate adjourned until
Wednesday, April 8, 1992
4361 House Mar 19, 1992 Debate Adjourned until
Thursday, March 26, 1992
4361 House Mar 04, 1992 Committee Report: Favorable 26
with amendment
4361 House Feb 05, 1992 Introduced, read first time, 26
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE WITH AMENDMENT
May 12, 1992
H. 4361
Introduced by REPS. Wright, Harrelson, A. Young, J. Bailey, Rhoad, Koon, McLeod, Hallman, G. Bailey, Meacham, Sturkie, Sharpe, P. Harris, Smith, Farr, M.O. Alexander, Felder, Neilson, Snow, Foster, Whipper, J. Williams, Wells, Townsend, T.C. Alexander, Vaughn, Keegan, Huff, Wofford, Cato, L. Martin, Harvin, Stoddard, Jennings, Chamblee and Lanford
S. Printed 5/12/92--S.
Read the first time April 14, 1992.
To whom was referred a Bill (H. 4361), to amend the Code of Laws of South Carolina, 1976, by adding Article 7 in Chapter 3 of Title 41, relating to the Department and Commissioner of Labor, etc., respectfully
Has polled the Bill out majority favorable with amendment, to wit:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 52-7-10 of the 1976 Code is amended to read:
"Section 52-7-10. There is created the State Athletic Commission (commission) to consist 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 a member who shall serve as Chief Athletic Commissioner must be appointed 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 2. Section 52-7-15 of the 1976 Code is amended to read:
"Section 52-7-15. The commission shall select its chairman, who may be the a Chief Commissioner, and other officers considered necessary for terms as 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."
SECTION 3. Section 52-7-20 of the 1976 Code is amended to read:
"Section 52-7-20. The commission shall meet at least twice yearly at the call of the Chief Athletic Commissioner 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 Chief Athletic Commissioner shall administer the affairs of the commission under policies established by the commission. Decisions of the Chief Athletic Commissioner may be appealed to the full commission."
SECTION 4. Section 52-7-310 of the 1976 Code is 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 the 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; however, they may receive such per diem, mileage, and subsistence that the county authorizes. 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.
Amend title to conform.
1. Estimated Cost to State-First Year $27,998
2. Estimated Cost to State-Annually
Thereafter $27,998
H. 4361, if amended, will add Article 7 in Chapter 3 of Title 41 to the Code of Laws of South Carolina, 1976, relating to the Department and Commissioner of Labor to create within the Department of Labor the Athletic Regulation Division with all the duties formerly exercised by the State Athletic Commission.
The State Athletic Commission's 1991-92 operating budget is $27,998. The agency could offset some of the operational expenses by license fees that are generated. The agency is currently administered by a management firm; therefore, the Department of Labor could possibly need staff to implement. The current State Athletic Commission's budget has enough funding appropriated to cover expenses.
Prepared By: Approved By:
Cheryl H. Morris George N. Dorn, Jr.
State Budget Analyst State Budget Division
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 41 of the 1976 Code is amended by adding:
Section 41-3-710. There is established within the Department of Labor the Athletic Regulation Division. All of the powers and duties formerly exercised by the State Athletic Commission with respect to the direction, management, control, and supervision over all boxing, wrestling, and sparring events, exhibitions, contests, and performances, whether in person or via closed circuit television in this State are devolved upon the Commissioner of Labor acting through the division. The Commissioner of Labor shall administer the affairs of the division under policies he establishes. The commissioner may appoint the personnel necessary to implement the provisions of this article. Appeals from the decisions of the Commissioner of Labor arising under this article must be taken as a contested case pursuant to Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
Section 41-3-720. No person may hold or participate in an event without a license from the division. All licenses are valid for one year. The division shall by regulation establish a schedule of fees for licenses.
Section 41-3-730. 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 division 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 acceptable to the division and a written waiver by the applicant of any cause of action against a member or employee of the division, or of a 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 division may waive this age limit for a specific participant. License applications must be filed with the division at least one week before the division's actions but the time requirement may be waived in the event of emergency substitutions.
Section 41-3-740. The division may revoke a license, after hearing, for cause. It may discipline a principal, manager, second, promoter, matchmaker, or participant 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 a part of the unexpired portion and a refusal to renew a license, or both.
Section 41-3-750. A boxing event may not be held by a person unless the person has notified the division, at least two weeks in advance, in a form prescribed by the division, of the proposed event and in addition to having a license as contained in Section 41-3-720, has obtained from the division at least ten days before the proposed date, a written permit. A boxing permit may not 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 division covers every participant;
(3) files a surety bond with the applications in an amount equal to the total value of the purse offered.
A wrestling event may not be held by a person unless the person has a current license issued as required in Section 41-3-720 and has complied with the regulations for obtaining a permit issued by the division.
Section 41-3-760. If a promoter knowingly does not apply for a permit at the time and according to the procedures stipulated in the regulations of the division, the permit may be denied. However, the division may issue a permit if the application and other required items are received by the division after the deadline if it 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 41-3-740 and 41-3-840.
Section 41-3-770. A person may not be licensed to participate in an event who is not at least eighteen years of age but the division may waive this prohibition for a specific participant as provided in Section 41-3-730.
Section 41-3-780. A participant must have a physician's certificate issued before the event stating that the participant is in good physical condition.
A boxing event may not be held unless a licensed physician is at ringside.
Section 41-3-790. A participant who has suffered a knockout may not take part in an event for thirty days following the knockout.
Section 41-3-800. An event may not be more than fifteen rounds in length. The boxing participants shall wear gloves weighing at least eight ounces.
Section 41-3-810. A building or structure used or intended to be used for a 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 41-3-820. A person who sells, or causes to be sold, more tickets or invitations for a boxing, wrestling, or sparring event than the seating capacity of the building or structure actually used for an event forfeits his license, and is disqualified from receiving a new license or a renewal of license.
Section 41-3-830. The provisions of this article do not apply to a boxing, wrestling, or sparring exhibition, contest, or performance conducted by an 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 division.
Section 41-3-840. (A) A 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.
(B) The commissioner may assess a civil penalty in an amount not to exceed five hundred dollars for a violation of this article or the regulation promulgated thereunder. Each day a violation continues constitutes a separate violation."
SECTION 2. Section 52-7-10 of the 1976 Code is amended to read:
"Section 52-7-10. There is created the State Athletic Commission (commission) to consist 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 a one member who shall serve as Chief Athletic Commissioner must be appointed 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 in the manner of the original appointment 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 3. Section 52-7-15 of the 1976 Code, as last amended by Act 79 of 1987, is further amended to read:
"Section 52-7-15. The commission shall select its chairman, who may be the Chief Commissioner, and other officers considered necessary for terms as the commission may designate."
SECTION 4. Section 52-7-20 of the 1976 Code, as last amended by Act 79 of 1987, is further amended to read:
"Section 52-7-20. The commission shall meet at least twice yearly at the call of the Chief Athletic Commissioner 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 Chief Athletic Commissioner shall administer the affairs of the commission under policies established by the commission. Decisions of the Chief Athletic Commissioner may be appealed to the full commission."
SECTION 5. Section 52-7-30 of the 1976 Code is amended to read:
"Section 52-7-30. The commission has shall advise the Commissioner of Labor in the 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,in consultation with the Athletic Regulation Division of the Department of Labor, shall promulgate regulations as necessary for the protection of the health and safety of participants and to carry out the provisions of this article and Article 7, Chapter 3 of Title 41. Commissioner may appoint a chief inspector and referees, inspectors, other officials, and clerical help as he determines necessary to administer the provisions of this article."
SECTION 6. (A) Section 52-7-310 of the 1976 Code, as last amended by Act 48 of 1991, 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 Commissioner of Labor for terms of four years and until their successors are appointed and qualify. 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 commissioner 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; however, they may receive such the per diem, mileage, and subsistence that the county authorizes. 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."
(B) Members of county athletic commissions serving on the effective date of this act shall continue to serve until the expiration of their terms, after which their successors must be appointed as provided by law.
SECTION 7. Regulations promulgated by the State Athletic Commission pursuant to Article 1, Chapter 7, Title 52 of the 1976 Code are considered to be promulgated pursuant to the provisions of Article 7, Chapter 3, Title 41 of the 1976 Code, mutatis mutandis.
SECTION 8. Sections 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, and 52-7-150 of the 1976 Code are repealed.
SECTION 9. This act takes effect upon approval by the Governor.