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					                                 South Carolina General Assembly
                                     118th Session, 2009-2010

S. 94


General Bill
Sponsors: Senator Ford
Document Path: l:\council\bills\swb\5617cm09.docx

Introduced in the Senate on January 13, 2009
Currently residing in the Senate Committee on Labor, Commerce and Industry

Summary: State Athletic Commission


    Date     Body     Action Description with journal page number
12/10/2008   Senate   Prefiled
12/10/2008   Senate   Referred to Committee on Labor, Commerce and Industry
 1/13/2009   Senate   Introduced and read first time SJ-115
 1/13/2009   Senate   Referred to Committee on Labor, Commerce and Industry SJ-115


 9                              A BILL
11   TO AMEND SECTIONS 40-81-20, 40-81-50, 40-81-230, AND
12   40-81-430, CODE OF LAWS OF SOUTH CAROLINA, 1976,
19   Be it enacted by the General Assembly of the State of South
20   Carolina:
22   SECTION 1. Section 40-81-20 of the 1976 Code, as added by Act
23   28 of 2003, is amended to read:
25     “Section 40-81-20. For the purpose of this chapter:
26     (1) ‘Admissions’ means the amount paid for seats to witness an
27   event or exhibition or any fee charged for presenting an event or
28   exhibition including, but not be limited to, complimentary tickets
29   given in exchange for services. This term does not include
30   admission for contestants, officials, representatives of the
31   commission, and the media.
32     (2) ‘Administrator’ means the individual whom the Director of
33   the Department of Labor, Licensing and Regulation appoints to
34   administer the State Athletic Commission program.
35     (3) ‘Announcer’ means any person who is licensed by the
36   commission and is designated by the promoter to introduce the
37   participants and provide information to the public at the event or
38   exhibition.
39     (4) ‘Bout’ means the individual contest between two
40   participants for a scheduled number of rounds, but excludes the
41   sport of wrestling.

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 1      (5) ‘Boxer’ means a person who competes for a purse or
 2   compensation in boxing matches, contests, or exhibitions.
 3      (6) ‘Boxing’ means any form of event or exhibition in which a
 4   person delivers blows to another, with any part of the arm below
 5   the shoulder, including the hand, which may be reasonably
 6   expected to disable or inflict injury.
 7      (7) ‘Combative sports’ means any professional sport where
 8   participants intend and actually kick, punch, and use other
 9   techniques to injure or disable an opponent in an event or
10   exhibition before an audience on a platform, a pad, or in an area
11   surrounded by ropes or other markings, but excludes the sport of
12   wrestling.
13      (8) ‘Commission’ means the State Athletic Commission.
14      (9) ‘Contestant’ means anyone who competes or participates in
15   an event or exhibition regulated by the State Athletic Commission.
16      (10) ‘Department’ means the Department of Labor, Licensing
17   and Regulation.
18      (11) ‘Department representative’ means the individual
19   designated by the administrator, at the request of the director, to
20   supervise an event or exhibition regulated by the State Athletic
21   Commission.
22      (12) ‘Director’ means the Director of the Department of Labor,
23   Licensing and Regulation or the director’s official designee.
24      (13) ‘Emergency medical technician’ means a person who is
25   certified by the Department of Health and Environmental Control
26   pursuant to the Emergency Medical Services Act.
27      (14) ‘Event’ means an occurrence, bout, or contest regulated by
28   the State Athletic Commission in which any contestant displays or
29   exhibits athletic skills in competition, but excludes the sport of
30   wrestling.
31      (15) ‘Exhibition’ means an occurrence in which the participant
32   shows, displays, or performs without striving to win, but excludes
33   the sport of wrestling.
34      (16) ‘Kickboxing’ means any form of competition in which a
35   person delivers blows with any part of the arm below the shoulder,
36   including the hand and any part of the leg below the hip, including
37   the foot.
38      (17) ‘License’ means the written approval given, upon
39   application, by the commission to a person, club, corporation,
40   organization, or association to participate in or promote events or
41   exhibitions regulated by the State Athletic Commission.
42      (18) ‘Manager’ means a person who does any of the following:

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 1         (a) by contract with a person undertakes or has undertaken
 2   to represent in any way the interest in which a contestant is to
 3   participate and receive monetary or other compensation for his
 4   services without regard to the source of the compensation;
 5         (b) directs or controls the professional activities of a
 6   contestant;
 7         (c) receives or is entitled to receive a share of the gross
 8   purse or gross income of an event or exhibition;
 9      (19) ‘Matchmaker’ means a person who undertakes to obtain
10   agreements between managers or contestants, or both, for the
11   purpose of securing contestants for a boxing event or exhibition
12   regulated by the State Athletic Commission.
13      (20) ‘Official’ means the judges, referees, timekeepers, and
14   other persons assigned by the administrator and necessary to
15   conduct an event or exhibition, but excludes the sport of wrestling.
16      (21) ‘Participant’ means a person who acts as a promoter, boxer,
17   wrestler, judge, referee, manager, contestant, trainer, second,
18   timekeeper, announcer, or matchmaker in connection with an event
19   or exhibition regulated by the State Athletic Commission.
20      (22) ‘Permit’ means the written approval given, upon
21   application, by the commission to a promoter to hold and conduct
22   an event or exhibition regulated by the State Athletic Commission
23   at a specific time, date, and location.
24      (23) ‘Person’ means an individual, group of individuals,
25   business, corporation, partnership, association, or collective entity.
26      (24) ‘Physician’ means a person licensed to practice medicine or
27   osteopathy in this State.
28      (25) ‘Professional kick boxer’ means any form of competition in
29   which a person delivers blows with any part of the arm below the
30   shoulder, including the hand, and any part of the leg below the hip,
31   including the foot, and the person is compensated with anything of
32   value.
33      (26) ‘Promoter’ means a person, club, corporation, organization,
34   or association which promotes, advertises, presents, conducts,
35   holds, or gives a boxing, or kickboxing, or wrestling event or
36   exhibition in this State.
37      (27) ‘Promoter’s representative’ means a person who is
38   designated in writing by the promoter to ensure compliance with
39   this chapter and who has binding authority for all promoters.
40      (28) ‘Purse’ means the total amount paid by a promoter to the
41   contestants and officials for participating in an event or exhibition.
42      (29) ‘Ringside physician’ is the physician responsible for
43   examining the contestant before, during, and after each event or

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 1   exhibition and who is present at ringside for the entire event or
 2   exhibition.
 3      (30) ‘Second’ means a person who is licensed by the
 4   commission to serve in the corner of a professional boxer during
 5   the bout.
 6      (31) ‘Technical knockout’ means a victory with immediate
 7   termination of the bout or match, ordered by the referee, when it
 8   appears that one boxer is unable to continue.
 9      (32) ‘Toughman contest’ or ‘off the street boxing’ means a
10   competition in which contestants who have no professional
11   experience as boxers compete in a series of boxing matches. The
12   term does not include an amateur contest or exhibition that
13   complies with the provisions of Section 40-81-500.
14      (33) ‘Trainer’ means any person who is licensed by the
15   commission and trains individuals to compete in professional
16   boxing or kickboxing events or exhibitions.
17      (34) ‘Ultimate fighting’ means an event or exhibition, or part
18   thereof, where the contestants are compensated and allowed to use
19   any variation or combination of combative sports or fighting skills,
20   or weapons, which may include, but are not limited to, boxing,
21   wrestling, kickboxing, or martial art skills.
22      (35) ‘Weapon’ means anything that is not a part of the human
23   body, excluding boxing gloves and equipment used in combative
24   sports.
25      (36) ‘Wrestler’ means a person who performs before, during, or
26   after a wrestling event or exhibition which is in conjunction in any
27   way with the event or exhibition or its script. These persons shall
28   meet all qualifications for licensure and pay the prescribed fee.
29      (37) ‘Wrestling’ means events or exhibitions choreographed
30   such that two or more opponents struggle hand to hand in an
31   attempt to force another down for the purpose of providing
32   entertainment to spectators.”
34   SECTION 2. Section 40-81-50(A) of the 1976 Code, as added by
35   Act 28 of 2003, is amended to read:
37     “(A) There is created the State Athletic Commission consisting
38   of eight members appointed by the Governor with the advice and
39   consent of the Senate to regulate boxing, kickboxing, wrestling,
40   and other combative sports in this State, but excludes the sport of
41   wrestling.     One member must be appointed from each
42   congressional district of the State and two from the State at large.
43   One of the at-large appointments shall be a physician licensed and

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 1   in good standing in the State. The terms of the members are for
 2   four years and until their successors are appointed and qualified.
 3   Vacancies must be filled by the Governor for the remainder of an
 4   unexpired term. The commissioners of the State Athletic
 5   Commission may not have any financial interest, direct or indirect,
 6   in the promotion, management, or result of any boxing, or
 7   kickboxing, or wrestling event or exhibition.”
 9   SECTION 3. Section 40-81-230 of the 1976 Code, as added by
10   Act 28 of 2003, is amended to read:
12     “Section 40-81-230. The commission shall issue licenses
13   pursuant to this chapter as follows:
14     (1) boxer;
15     (2) wrestler;
16     (3)(2) manager;
17     (4)(3) second;
18     (5)(4) trainer;
19     (6)(5) announcer;
20     (7)(6) promoter;
21     (8)(7) promoter’s representative;
22     (9)(8) referee;
23     (10)(9) judge;
24     (11)(10) timekeeper;
25     (12)(11) matchmaker;
26     (13)(12) professional kick boxer.”
28   SECTION 4. Section 40-81-430 of the 1976 Code, as added by
29   Act 28 of 2003, is amended to read:
31      “Section 40-81-430. The following licensure fees must be
32   established by the department, in conjunction with the
33   commission, and adjusted in accordance with Section 40-1-50(d):
34      (1) promoter;
35      (2) promoter’s representative;
36      (3) referee;
37      (4) manager;
38      (5) wrestler;
39      (6)(5) matchmaker;
40      (7)(6) boxer;
41      (8)(7) kick boxer;
42      (9)(8) trainer;
43      (10)(9) second;

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 1   (11)(10) timekeeper;
 2   (12)(11) announcer;
 3   (13)(12) judge;
 4   (14)(13) event permit for boxing;
 5   (15) event permit for wrestling.”
 7 SECTION 5. Section 40-81-300 of the 1976 Code is repealed.
 9 SECTION 6. This act takes effect upon approval by the Governor.
10                             ----XX----

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