S*1026 Session 110 (1993-1994)
S*1026(Rat #0429, Act #0381) General Bill, By McGill
A Bill to amend Sections 52-7-15 and 52-7-20, both as amended, Code of Laws of
South Carolina, 1976, relating to officers and meetings of the State Athletic
Commission, so as to eliminate the office of Chief Athletic Commissioner and
replace it with an administrator appointed by the Director of the Department
of Labor, Licensing, and Regulation; to amend Section 52-7-30, as amended,
relating to duties of the State Athletic Commission, so as to allow a designee
of the Director of the Department of Labor, Licensing, and Regulation to
appoint officials; to amend Section 52-7-65, relating to disciplinary actions
by the Chief Commissioner, so as to conform the provision to the provisions of
this Act and extend the authority to Commission representatives in charge of
an event; to amend Section 52-7-75, relating to approval or denial of permits,
so as to change references to Chief Commissioner to Administrator and add a
reference to a new disciplinary provision; and to amend Section 52-7-310,
relating to county athletic commissions, so as to provide that members of a
county athletic commission shall receive no compensation from the State and
may receive other compensation authorized by the county and as authorized by
the State Athletic Commission if paid by a promoter while the county
commissioner has been appointed a state commission representative for an
event.
01/13/94 Senate Introduced and read first time SJ-6
01/13/94 Senate Referred to Committee on General SJ-7
03/09/94 Senate Committee report: Favorable with amendment General SJ-6
03/17/94 Senate Amended SJ-29
03/17/94 Senate Read second time SJ-29
03/17/94 Senate Ordered to third reading with notice of
amendments SJ-29
03/22/94 Senate Read third time and sent to House SJ-13
03/23/94 House Introduced and read first time HJ-14
03/23/94 House Referred to Committee on Labor, Commerce and
Industry HJ-15
04/13/94 House Committee report: Favorable Labor, Commerce and
Industry HJ-7
04/27/94 House Read second time HJ-60
04/28/94 House Read third time and enrolled HJ-316
05/04/94 Ratified R 429
05/10/94 Signed By Governor
05/10/94 Effective date 05/10/94
05/23/94 Copies available
(A381, R429, S1026)
AN ACT TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO OFFICERS AND MEETINGS OF THE STATE
ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF
CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN
ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE
DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO
AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES
OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A
DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR,
LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO
AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS
BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE
PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE
AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE
OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO
APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE
REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR
AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION;
AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY
ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS
OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO
COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER
COMPENSATION AUTHORIZED BY THE COUNTY AND AS
AUTHORIZED BY THE STATE ATHLETIC COMMISSION IF PAID
BY A PROMOTER WHILE THE COUNTY COMMISSIONER HAS
BEEN APPOINTED A STATE COMMISSION REPRESENTATIVE FOR
AN EVENT.
Be it enacted by the General Assembly of the State of South Carolina:
Administrator appointed
SECTION 1. Section 52-7-15 of the 1976 Code, as last amended by
Section 1284, Act 181 of 1993, is further amended to read:
"Section 52-7-15. The commission shall select its chairman and
other officers necessary for terms as the commission may designate. The
Director of the Department of Labor, Licensing, and Regulation shall
appoint an administrator pursuant to Section 40-73-15. Notwithstanding
any term for which an officer was elected, the commission may call an
election for any officer at any time by a two-thirds vote."
Commission administered
SECTION 2. Section 52-7-20 of the 1976 Code, as last amended by
Section 1285, Act 181 of 1993, is further amended to read:
"Section 52-7-20. The commission shall meet at least twice
yearly at the call of the chairman. The chairman may call other meetings
when considered necessary and must do so on the direction of the majority
of the commissioners. The members are allowed the usual per diem,
mileage, and subsistence as provided by law for members of boards,
committees, and commissions. The administrator shall administer the
affairs of the commission under policies established by the commission.
Decisions of the administrator may be appealed to the full commission.
Any decision of the full commission to suspend, revoke, or deny a permit
or license may be appealed to an administrative law judge as provided
under Article 5 of Chapter 23 of Title 1."
Designee allowed
SECTION 3. Section 52-7-30 of the 1976 Code, as last amended by
Section 1286, Act 181 of 1993, is further amended to read:
"Section 52-7-30. The commission has direction, management,
control, and supervision over all boxing, wrestling, and sparring events,
exhibitions, contests, and performances whether in person or via closed
circuit television (events) in this State. The commission shall promulgate
regulations as necessary for the protection of the health and safety of
participants and to carry out the provisions of this article. Pursuant to
Section 40-73-15, the Director of the Department of Labor, Licensing, and
Regulation or his designee may appoint a chief inspector and referees,
inspectors, other officials, and clerical help as the Director of the
Department of Labor, Licensing, and Regulation determines necessary to
administer the provisions of this article."
Disciplinary matters
SECTION 4. Section 52-7-65 of the 1976 Code, as added by Act 64 of
1993, is amended to read:
"Section 52-7-65. In addition to the disciplinary powers of the
full commission provided in Section 52-7-60, the administrator or the
commission representative in charge of an event may discipline a licensee
of the commission who violates the provisions of this article or the
applicable regulations by means of license suspension or a civil penalty not
exceeding five hundred dollars for each violation. Each day a violation
continues is a separate violation. Disciplinary actions of the administrator
or the commission representative are appealable to the full
commission."
Permits
SECTION 5. Section 52-7-75 of the 1976 Code is amended to read:
"Section 52-7-75. If a promoter knowingly does not apply for a
permit at the time and according to the procedures stipulated in the
regulations of the commission, the permit may be denied. However, the
administrator may issue a permit if the application and other required items
are received by the administrator after the deadline if he is satisfied
everything else is in order and if the promoter pays a fine of not less than
twenty-five dollars a day nor more than one hundred dollars a day for each
day that the application for the permit is submitted past the deadline date.
Payment of the fine does not preclude action authorized under Sections
52-7-60, 52-7-65, and 52-7-150."
County athletic commissions
SECTION 6. Section 52-7-310 of the 1976 Code, as amended by Act
439 of 1992, is further amended to read:
"Section 52-7-310. The athletic commission of each county
consists of five members to be appointed by the governing body of the
county for terms of four years and until their successors are appointed and
qualify. If no appointment has been made within sixty days after the State
Athletic Commission requests in writing for an appointment to be made, the
State Athletic Commission may make the appointment. The governing
body of the county shall forward a record of the appointees to the
commission for filing in the office of the State Athletic Commission which
indicates the persons holding office and the duration of their terms. The
State Athletic Commission shall designate the functions of county athletic
commissions. The county athletic commission shall select its chairman and
other officers to serve for terms as the commission may designate. All of
the members shall serve without compensation from the State; however,
they may receive the per diem, mileage, and subsistence or other
compensation that the county authorizes or compensation authorized by the
State Athletic Commission to be paid by a promoter if the member has been
appointed a commission representative for an event. No member may have
any financial interest, direct or indirect, in the promotion, management, or
result of any boxing, wrestling, or sparring event. The office of a
commissioner who fails to attend three consecutive commission meetings is
declared vacant and the vacancy must be filled as provided by law. No
vacancy occurs if the unaffected commission members vote unanimously to
excuse the absences."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Approved the 10th day of May, 1994. |