South Carolina General Assembly
113th Session, 1999-2000

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Bill 1381


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      1381
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000510
Primary Sponsor:                  J. Verne Smith
All Sponsors:                     J. Verne Smith
Drafted Document Number:          l:\council\bills\nbd\12048ac00.doc
Residing Body:                    Senate
Current Committee:                Labor, Commerce and Industry Committee 12 
                                  SLCI
Subject:                          Athletic Commission, State; under 
                                  administration of Labor, Licensing and 
                                  Regulation Department, regulation of


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000510  Introduced, read first time,           12 SLCI
                  referred to Committee


              Versions of This Bill

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 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.

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

SECTION 1. Title 40 of the 1976 Code is amended by adding:

"CHAPTER 81

State Athletic Commission

Section 40-81-10. Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the State Athletic Commission administered 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. The Professional Boxing Safety Act of 1996 (15 U.S.C. Section 6301 et. seq.) and all other federal laws pertaining to boxing are incorporated by reference and made a part of this chapter.

Section 40-81-20. For the purpose of this chapter:

(1) 'Admissions' means the amount paid for seats to witness an event or exhibition or any fee charged for presenting or showing an event or exhibition to include, but not be limited to, complimentary tickets given in exchange for services. Admission for contestants, officials, representatives of the commission and the media are exempt.

(2) 'Administrator' means the individual whom the Director of the Department of Labor, Licensing and Regulation appoints to administer the State Athletic Commission program.

(3) 'Boxer' means a person who competes for a purse or compensation in boxing matches, contests, or exhibitions.

(4) 'Boxing' means any form of event or exhibition in which a person delivers blows to another, with any part of the arm below the shoulder, including the hand, which may be reasonably expected to disable or inflict injury.

(5) 'Combative sports' means any professional sport where participants intend and actually kick, punch, and use other techniques to injure or disable an opponent in an event or exhibition before an audience on a platform, a pad, or in an area surrounded by ropes or other markings.

(6) 'Commission' means the State Athletic Commission.

(7) 'Commission representative' means that individual designated by the Administrator to supervise an event or exhibition regulated by the State Athletic Commission.

(8) 'Contestant' means any one who competes or participates in an event or exhibition regulated by the State Athletic Commission.

(9) 'Department' means the Department of Labor, Licensing and Regulation.

(10) 'Director' means the Director of the Department of Labor, Licensing and Regulation or the director's official designee.

(11) 'Emergency medical technician' means a person who is certified by the Department of Health and Environmental Control pursuant to the Emergency Medical Services Act.

(12) 'Event' means any occurrence, bout, or contest regulated by the State Athletic Commission, in which any contestant displays or exhibits athletic skills in competition.

(13) 'Exhibition' means any occurrence in which the participant shows, displays, or performs without striving to win.

(14) 'Kick boxing' means any form of competition in which a person delivers blows with any part of the arm below the shoulder, including the hand and any part of the leg below the hip, including the foot.

(15) 'License' means that written approval given, upon application, by the commission to any person, club, corporation, organization, or association to participate in or promote events or exhibitions regulated by the State Athletic Commission.

(16) 'Manager' means any person who does any of the following:

(a) By contract with any person undertakes or has undertaken to represent in any way the interest in which a contestant is to participate and receive monetary or other compensation for his services without regard to the source of such compensation.

(b) Directs or controls the professional activities of any contestant.

(c) Receives or is entitled to receive a share of the gross purse or gross income of any event or exhibition.

(17) 'Matchmaker' means any person who undertakes to obtain agreements between managers or contestants or both for the purpose of securing contestants for any boxing event or exhibition regulated by the State Athletic Commission.

(18) 'Official' means the judges, referees, timekeepers, and other persons assigned by the administrator and deemed necessary to conduct an event or exhibition.

(19) 'Participant' means any person who acts as a promoter, boxer, wrestler, judge, referee, manager, contestant, trainer, second, timekeeper, announcer, or matchmaker in connection with any event or exhibition regulated by the State Athletic Commission.

(20) 'Permit' means that written approval given, upon application, by the commission to a promoter to hold and conduct an event or exhibition regulated by the State Athletic Commission at a specific time, date, and location.

(21) 'Person' means an individual, group of individuals, business, corporation, partnership, association or collective entity.

(22) 'Physician' means a person licensed to practice medicine or osteopathy in this State.

(23) 'Promoter' means any and all persons, clubs, corporations, organizations, or associations which promote, advertise, present, conduct, hold, show, or give any boxing, kick boxing, or wrestling event or exhibition in this State.

(24) 'Promoter's representative' means a person who is designated in writing by the promoter to ensure compliance with this act and who has binding authority for all promoters.

(25) 'Purse' means the total amount paid by a promoter to the contestants for participating in an event or exhibition.

(26) 'Ringside physician' is the physician responsible for examining the contestant prior to and after each event or exhibition and who is present at ringside for the entire event or exhibition.

(27) 'Technical knockout' means a victory with immediate termination of the bout/match, ordered by the referee, when it appears that one boxer is unable to continue.

(28) 'Toughman contest' or 'off the street boxing' means a competition in which contestants who have no professional experience as boxers compete in a series of boxing matches. The term does not include any amateur contest or exhibition that complies with the provisions of Section 40-81-500.

(29) 'Ultimate fighting' means any event or exhibition, or part thereof, where the contestants are compensated and allowed to use any variation or combination of combative sports or fighting skills, or weapons, which may include, but not limited to boxing, wrestling, kick boxing, or martial art skills.

(30) 'Weapon' means anything that is not a part of the human body, excluding boxing gloves and equipment used in combative sports.

(31) 'Wrestler' means any person who performs before, during or after a wrestling event or exhibition which is in conjunction in any way with the event or exhibition or its script. These persons shall meet all qualifications for licensure and pay the prescribed fee.

(32) 'Wrestling' means events or exhibitions choreographed such that two or more opponents struggle hand to hand in an attempt to force another down for the purpose of providing entertainment to spectators.

Section 40-81-30. No person shall promote or participate in an event or exhibition without a license from the commission.

Section 40-81-40. (A) The director of the department shall appoint an administrator, who shall assign referees, judges, and other officials deemed necessary to administer this chapter. The department shall employ and supervise personnel necessary to effectuate the provisions of this chapter.

(B) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the commission in accordance with Section 40-1-50.

(C) Any applicant or licensee aggrieved by a decision of the administrator may request in writing a review of that decision by the commission.

Section 40-81-50. There is created the State Athletic Commission consisting of nine members appointed by the Governor which will regulate boxing, kick boxing, wrestling and other combative sports in the State of South Carolina whether in person or via closed circuit television. One member shall be appointed from each congressional district of the State and one from the State at large. The Governor shall also appoint two physicians licensed and in good standing in the State of South Carolina at large. The terms of the members are for four years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the remainder of an unexpired term. The commissioners of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, kick boxing, or wrestling event or exhibition.

Commission members shall be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the commission. Compensation and reimbursements paid to commission members under this subsection shall be paid as an expense of the commission in the administration of this chapter and the commission's chapter and shall be paid from the fees received by the commission pursuant to the provisions of this chapter or in a manner prescribed by the department.

Section 40-81-60. (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 on petition of a majority of the commission.

(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 shall do so on petition of a majority of the commission.

Section 40-81-70. (A) The commission has the following powers and duties:

(1) determining the eligibility of applicants for examination and licensure pursuant to the provisions of this chapter; and

(2) examining applicants for licensure; and

(3) adopting an appropriate code of professional ethics; and

(4) conducting hearings on alleged violations of this chapter and regulations promulgated under this chapter; and

(5) disciplining persons licensed under this chapter in a manner provided for in this chapter; and

(6) promulgating regulations which have been submitted to the director at least thirty days in advance of filing with the Legislative Council as required by Section 1-23-30.

(B) At the request of the director, the administrator shall designate the commission representative at an event or exhibition.

(C) The commission representative shall supervise events and exhibitions for the purpose of enforcing this chapter which includes, but is not limited to:

(1) licensing contestants and participants according to the requirements of this chapter; and

(2) investigating or inspecting all conditions or persons subject to permit or licensure; and

(3) collecting unpaid fees.

(D) The commission representative in conjunction with the administrator or the administrator's designee will review the Association of Boxing Commissions National Registry along with any and all additional information deemed appropriate and approve or deny all pairing of contestants.

Section 40-81-80. The department shall investigate complaints and conduct inspections of alleged violations of this chapter as provided for in Section 40-1-80.

Section 40-81-90. The commission may conduct disciplinary action proceedings as provided for in Section 40-1-90.

Section 40-81-100. The commission may enforce the licensing and permitting requirements of this chapter as provided for in Section 40-1-100.

Section 40-81-110. The commission may take disciplinary action based upon any of the grounds provided for in Section 40-1-110.

Section 40-81-115. The commission has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.

Section 40-81-120. (A) Upon a determination by the commission that one or more of the grounds for discipline exists, in addition to the actions provided for in Sections 40-1-120 and 40-1-130, 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 of not more than one thousand dollars for each violation; however, the fine may not be more than the total purse or ten thousand dollars, whichever is greater.

(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 40-81-130. The commission shall deny licensure to an applicant who has committed an act that would be grounds for disciplinary action under this chapter. The commission shall deny licensure to an applicant who has failed to demonstrate the qualifications or standards for licensure contained in this chapter. The applicant shall demonstrate to the satisfaction of the commission that the applicant meets all the requirements for the issuance of a license.

Section 40-81-140. A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.

Section 40-81-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.

Section 40-81-160. A person aggrieved by a final action of the commission may seek review of the decision in accordance with Section 40-1-160.

Section 40-81-170. A person found in violation of this chapter or a regulation promulgated pursuant to this chapter may be required to pay costs associated with the investigation, inspection and prosecution of the case in accordance with Section 40-1-170.

Section 40-81-180. All costs and fines imposed pursuant to this chapter shall be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Section 40-81-190. (A) A communication, whether oral or written, made by or on behalf of a person, to the director or commission or a person designated by the director or commission to investigate or hear matters relating to discipline of a licensee, whether by way of complaint or testimony, is privileged and exempt from disclosure for any reason whatsoever, except to the extent disclosed in the course of the proceedings before the commission. No action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon other proof that the communication was made with malice.

(B) Nothing in this chapter may be construed as prohibiting the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law or as prohibiting the respondent from normal access to the charges and evidence filed against the respondent as part of due process under the law.

(C) Notwithstanding the provisions of this section, a final order of a commission disciplining a licensee is public information as provided for in Section 40-1-120.

Section 40-81-200. A person who violates the provisions of this chapter or a regulation promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars or imprisoned for not more than two years, or both.

Section 40-81-210. In addition to initiating a criminal proceeding for a violation of this chapter, the commission may seek civil penalties and injunctive relief in accordance with Section 40-1-210.

Section 40-81-220. 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.

Section 40-81-230. The commission shall issue licenses pursuant to this chapter as follows:

(1) Boxer;

(2) Wrestler;

(3) Manager;

(4) Second;

(5) Trainer;

(6) Announcer;

(7) Promoter;

(8) Promoter's representative;

(9) Referees;

(10) Judges;

(11) Timekeeper;

(12) Matchmaker;

(13) Professional kick boxer.

Section 40-81-240. (A) An application for licensure under this chapter shall be submitted on an approved form, completed in its entirety. The application shall be signed by the applicant and the applicant's signature shall be notarized. If any questions or requests for information on the application are left blank or incomplete, the commission shall deny the application. In the case of a corporation or association, the application shall be signed by its president or a representative who has binding authority for the corporation, association, or entity. An application for a license shall be accompanied by proof of age acceptable to the commission. All license applications shall be filed with the commission at least fifteen days prior to the scheduled event or exhibition.

(B) All licenses are valid from January 1 to December 31 of the year issued with the exception of licenses for boxers and kick boxers.

Section 40-81-250. In addition to the requirements of this chapter, all boxing events or exhibitions shall be conducted in accordance with all applicable federal statutes and regulations to include, but not limited to, 15 U.S.C. Section 6301 et. seq.

Section 40-81-260. (A) In order to be licensed as a boxer for any event or exhibition, an applicant:

(1) shall be between the ages of 18 and 35, unless the commission by majority vote waives this requirement as to an individual applicant over the age 35;

(2) shall not be listed on the Association of Boxing Commissions' National Suspension List;

(3) shall submit a completed application with payment of the prescribed fee;

(4) shall submit documentation, on a commission approved form, that the applicant has undergone a comprehensive medical examination by a licensed physician subsequent to his last boxing match and not more than fifteen days before any event or exhibition in South Carolina in which he plans or proposes to participate or compete. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical examination shall include a clinical, neurological, neurophysiological, and ophthalmologic examination, that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician. If, at the time of such examinations, there is any indication of brain injury, or for any other reason the physician deems appropriate, the applicant shall be required to undergo further neurological and neurophysiological examinations by a specialized physician including, but not limited to, a computerized tomography or medically equivalent procedure. The commission shall not issue a license to an applicant until all examinations are completed and the physician determines that the boxer is eligible to participate or compete;

(5) shall submit evidence that applicant has been tested not more than thirty days prior to the scheduled event or exhibition and that is not infected with the human immunodeficiency virus and shall show proof of immunity for Hepatitis B and Hepatitis C;

(6) shall submit any additional documentation required by all federal laws pertaining to boxing.

(B) A boxer shall submit to a pre-fight physical by a ringside physician and be found eligible to compete and not medically disqualified.

Section 40-81-270. In addition to meeting the requirements of Section 40-81-260, the promoter's representative for female boxers shall meet the following conditions:

(1) No applicant shall be contracted for or engage in a contest between male and female.

(2) Contests will be limited to four, six, eight, ten or twelve rounds of two minutes duration.

(3) Custom fitted mouthpieces shall be used of the same variety required of male boxers.

(4) Gloves weighing not less than eight ounces shall be worn.

(5) A physician approved breast protector shall be used.

(6) Hair shall be secured in a manner which will not interfere with the vision or safety of the contestant.

(7) Pre-fight physicals shall be performed as provided in Section 40-81-490 and shall include a negative pregnancy test.

(8) The annual physical examination shall include a pelvic examination. Prior to each event or exhibition, the examining physician shall perform an abdominal examination and breast examination.

(9) Promoters shall provide female boxers with adequate separate dressing rooms.

Section 40-81-280. In order to be licensed as a professional kick boxer for any event or exhibition, an applicant:

(1) shall be between the ages of 18 and 35, unless the commission by a majority vote waives this requirement as to an individual applicant over the age of 35; and

(2) shall submit a completed application with payment of the prescribed fee; and

(3) shall submit documentation, on a commission approved form, that the applicant has undergone a comprehensive physical examination by a licensed physician subsequent to his last kick boxing match or fifteen days before any event or exhibition in South Carolina. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical exam shall include a clinical, neurological, neurophysiological, and ophthalmologic examination, that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician. If, at the time of such examinations, there is any indication of brain injury, or for any other reason the physician deems appropriate, the applicant shall be required to undergo further neurological and neurophysiological examinations by a specialized physician including, but not limited to, a computerized tomography or medically equivalent procedure. The commission shall not issue a license to an applicant until all examinations are completed and the physician determines that the kick boxer is eligible to participate or compete; and

(4) shall submit evidence that applicant has been tested not more than thirty (30) days prior to the scheduled event or exhibition and that is not infected with the human immunodeficiency virus and shall show proof of immunity for Hepatitis B and Hepatitis C; and

(5) shall submit any additional documentation required by the commission.

Section 40-81-290. In addition to meeting the requirements of Section 40-81-280, promoter's representative for female professional kick boxers shall meet the following conditions:

(1) A commission approved breast protector shall be used.

(2) Hair shall be secured in a manner which will not interfere with the vision or safety of the contestant.

(3) Pre-fight physicals shall be performed as provided in Section 40-81-490 and shall include a negative pregnancy test.

(4) The annual physical examination shall include a pelvic examination. Prior to each event or exhibition, the examining physician shall perform an abdominal examination and breast examination.

(5) Promoters shall provide female kick boxers with adequate separate dressing rooms.

Section 40-81-300. In order to be licensed as a wrestler, an applicant:

(1) shall submit a completed application with payment of the prescribed fee; and

(2) shall submit documentation that the applicant has undergone an annual physical examination by a licensed physician and been found physically able to participate.

Section 40-81-310. In order to be licensed as a manager, an applicant shall submit a completed application with payment of the prescribed fee.

Section 40-81-320. In order to be licensed as a second, an applicant shall submit a completed application with payment of the prescribed fee.

Section 40-81-330. In order to be licensed as a trainer, an applicant shall submit a completed application with payment of the prescribed fee.

Section 40-81-340. In order to be licensed as an announcer, an applicant shall submit a completed application with payment of the prescribed fee.

Section 40-81-350. In order to be licensed as a promoter, an applicant:

(1) shall submit a completed application with payment of the prescribed fee.

(2) may not have been convicted, pled guilty or nolo contendere to a felony, crime of moral turpitude or other crime related to licensure.

Section 40-81-360. (A) All promoters holding licenses and permits shall be responsible for compliance with all applicable city, county, state, and federal laws regarding their licensure and events or exhibitions. Promoters shall pay to the commission five percent of the total admissions received at the event or exhibition, at the time, and in the manner, designated by the commission. Promoters shall pay to the commission an amount equal to the out of pocket cost of event exhibition inspections and any related investigations made by the department.

(B) A licensed promoter shall be responsible for compliance and enforcement of this chapter, regulations, and policies of the commission.

(C) Promoters shall be responsible for maintaining order and security and required to have an ambulance with appropriate medical equipment and personnel on site during the event or exhibition.

Section 40-81-370. Before any permit is issued any and all promoter's representatives shall be identified and licensed by the commission.

Section 40-81-380. In order to be licensed as a referee, an applicant:

(1) shall submit a completed application with payment of the prescribed fee;

(2) shall successfully pass a commission-approved written examination. Any referee who has a license in good standing in this or any other state or jurisdiction may obtain a South Carolina license without taking and passing the commission-approved written examination; and

(3) shall submit a statement annually from a licensed physician indicating that the applicant is physically able to perform the duties of a referee.

Section 40-81-390. In order to be licensed as a judge, an applicant:

(1) shall submit a completed application with payment of the prescribed fee; and

(2) shall successfully pass a commission-approved written examination. Any judge who has a license in good standing in this or any other state or jurisdiction may obtain a South Carolina license without taking and passing the commission-approved written examination.

Section 40-81-400. Licensing requirements for timekeepers. In order to be licensed as a timekeeper, an applicant shall submit a completed application with payment of the prescribed fee.

Section 40-81-410. Licensing requirements for matchmakers. In order to be licensed as a matchmaker, an applicant shall submit a completed application with payment of the prescribed fee.

Section 40-81-420. In order to be issued an event or exhibition permit, a promoter currently licensed in this state shall:

(1) Submit a completed application containing the information required by the commission to include, but not limited to, the following:

(a) The names and current license numbers of all participants, contestants, and promoters;

Evidence of medical, hospitalization and life insurance each in the sum of ten thousand dollars that covers every contestant; and

(b) evidence that a surety bond or certified funds have been filed with the department in the amount equal to the total value of any purse offered;

(c) information from the Association of Boxing Commissions' National Registry to include each boxer's ring history;

(d) evidence that each contestant has complied with the licensing requirements in Section 40-81-260 and Section 40-81-270; and

(e) copies of the contracts between boxers, managers, officials and with the promoter covering all contestants, participants, and officials in the event or exhibition for which the permit is issued.

(2) In the case of a corporation, association, or entity the application shall be signed by its president or a representative who has binding authority for the corporation, association, or entity.

Section 40-81-430. The following initial annual licensure fees shall be established in regulation by the department, in conjunction with the commission, and adjusted in accordance with Section 40-1-50(d):

(1) Promoter;

(2) Promoter's representative;

(3) Referee;

(4) Manager;

(5) Wrestler;

(6) Matchmaker;

(7) Boxer;

(8) Kick boxer;

(9) Trainer;

(10) Second;

(11) Timekeeper;

(12) Announcer;

(13) Judge;

(14) Event permit for boxing;

(15) Event permit for wrestling.

Section 40-81-440. Applications for permits received less than fifteen days prior to the event or exhibition may be denied and if granted, shall be subject to a late fee of not less than one hundred dollars or more than five hundred dollars per day.

Section 40-81-450. (A) The commission's representative may issue administrative citations and cease and desist orders and may assess administrative penalties against any person for violations of this chapter and Chapter 1.

(B) Separate citations may be issued and separate administrative penalties may be assessed against any person for each violation, however, no more than two thousand five hundred dollars in administrative penalties may be assessed against any person per day.

(C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.

(D) A person assessed administrative penalties may protest those penalties to the commission within ten working days of receipt of the citation. If a protest is filed, the department shall schedule a hearing upon not less than thirty days notice before the commission, which shall make a determination in the matter. If no protest is filed, the citation is deemed a final order and the administrative penalties shall be paid within thirty days of receipt of the citation or other written demand.

Section 40-81-460. (A) Any boxer who sustains a succession of six defeats or a series of knockouts or technical knockouts in any state or jurisdiction may be subject to licensure denial or suspension.

(B) No boxer is permitted to box while under suspension from any boxing commission due to:

(1) a recent knockout, technical knockout, or series of consecutive losses; or

(2) an injury, requirement for a medical procedure, or physician denial of certification; or

(3) failure of a drug test; or

(4) the use of false aliases, or falsifying, or attempting to falsify, official identification cards or documents.

(C) The commission will honor all suspensions listed on the Association of Boxing Commissions' National Suspension List. No boxer shall be licensed to fight in South Carolina until the suspending jurisdiction has removed the suspension and the Association of Boxing Commissions' National Suspension List indicates that he is eligible to compete.

Section 40-81-470. (A) After a knockout or technical knockout involving the head (excluding a cut to the head), in a South Carolina event or exhibition, the commission shall suspend the boxer for not less than sixty days and require medical examinations to include, but not be limited to, a CAT scan, EEG, EKG, an ophthalmologic exam and other medical tests as deemed appropriate by the ringside physician. All suspensions and required medical tests shall be reported in accordance to the provisions of all federal laws pertaining to boxing.

(B) After a technical knockout, not involving the head or involving only a cut to the head, in a South Carolina event or exhibition, the commission shall suspend the boxer for not less than thirty days and require a medical examination as deemed appropriate by the ringside physician. All suspensions and required medical tests shall be reported in accordance to the provisions of all federal laws pertaining to boxing.

Section 40-81-480. Events or exhibitions involving more than one of the combative sports or 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 40-81-200.

Section 40-81-490. It is the responsibility of the promoter/promoter's representative to ensure compliance with the following requirements:

(1) The ringside physician shall physically examine each contestant in a boxing event or exhibition not less than twenty four hours prior to the event or exhibition and document the results of that examination on a form provided by the commission for filing with the commission. The ringside physician shall be provided with the current Association of Boxing Commissions Ringside Physicians Manual and shall follow its guidelines at the event or exhibition. The documentation shall indicate that the contestant is eligible to compete or participate. The ringside physician may examine a contestant at any time he feels it necessary and may direct the referee to halt a bout if in his opinion the contestant is unable to continue. The ringside physician may require a post fight evaluation of any contestant. Any contestant who loses by knockout or technical knockout will be evaluated post fight by the ringside physician. The ringside physician shall be certified to administer advanced cardiac life support and shall be present at ringside during each bout of the event or exhibition. At least two certified emergency medical technicians shall be present at ringside during each bout of the event or exhibition. In addition, the emergency medical technicians shall have proper medical equipment to include, but not be limited to, an ambulance that is present during the entire event or exhibition.

(2) No event or exhibition may proceed in violation of this section. Failure to comply imperatively requires emergency action and the summary suspension of the event or exhibition permit until full compliance with this section is attained.

Section 40-81-500. This chapter does not apply to:

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

(2) amateur 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; or

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

(4) events or exhibitions sponsored by USA Boxing - South Carolina Association, Inc.

Section 40-81-510. The commission has the authority to require any participant to submit to tests for the presence of unauthorized substances. The use of any drugs, alcohol or stimulants, or injections in any part of the body, either before or during an event or exhibition, by or on behalf of any participant is adequate grounds for disqualification of the license, as well as the license of the person administering the same.

Section 40-81-520. Events or exhibitions sponsored, promoted or conducted by nonprofit or charitable organizations shall be subject to all the provisions of this chapter and regulations; however, the commission may reimburse all or part of any fees paid under Section 40-81-360 for good cause shown by the nonprofit or charitable organization.

Section 40-81-530. Ultimate fighting events or exhibitions are prohibited in the state of South Carolina, and no license or event or exhibition permit may be issued by the commission authorizing an ultimate fighting event or exhibition. Such competition includes any event or exhibition where a person who is not a professional or amateur athlete competes by using one or a combination of fighting skills that may include, but not be limited to, boxing, wrestling, kicking, or martial art skills.

SECTION 2. Chapter 7, Title 52 of the 1976 Code is repealed.

SECTION 3. This act takes effect upon approval by the Governor.

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