H 4361 Session 109 (1991-1992)
H 4361 General Bill, By D.A. Wright, Alexander, M.O. Alexander, Bailey,
J.J. Bailey, Cato, C.D. Chamblee, T.L. Farr, J.G. Felder, S.R. Foster,
H.M. Hallman, J.P. Harrelson, P.B. Harris, Harvin, T.E. Huff, Jennings, Keegan,
Koon, Lanford, Martin, M. McLeod, Meacham, Neilson, Rhoad, Sharpe, R. Smith,
J.J. Snow, E.C. Stoddard, C.L. Sturkie, Townsend, Vaughn, C.C. Wells,
L.S. Whipper, J.B. Williams, S.S. Wofford and Young-Brickell
A Bill 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.
02/05/92 House Introduced and read first time HJ-18
02/05/92 House Referred to Committee on Labor, Commerce and
Industry HJ-19
03/04/92 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-9
03/19/92 House Debate adjourned until Thursday, March 26, 1992 HJ-25
03/26/92 House Debate adjourned until Wednesday, April 8, 1992 HJ-22
04/08/92 House Amended HJ-14
04/08/92 House Read second time HJ-15
04/09/92 House Read third time and sent to Senate HJ-84
04/14/92 Senate Introduced and read first time SJ-5
04/14/92 Senate Referred to Committee on Labor, Commerce and
Industry SJ-5
05/12/92 Senate Polled out of committee Labor, Commerce and
Industry SJ-13
05/12/92 Senate Favorable with amendments SJ-13
06/03/92 Senate Read second time SJ-74
06/03/92 Senate Ordered to third reading with notice of
amendments SJ-74
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.
THE COMMITTEE ON LABOR, COMMERCE AND
INDUSTRY
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
REPORT:
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.
STATEMENT OF ESTIMATED FISCAL
IMPACT
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
A BILL
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:
" Article 7
Athletic Regulation Division
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.
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