Changes to Existing Law

Promulgation of rules. 42-12-10. The commission shall promulgate rules, pursuant to chapter 1-26, to: (1) Govern Establish the requirements for and govern the conduct of boxing, kickboxing, and mixed martial arts competitions, and sparring exhibitions; (2) Establish registration criteria and registration fees for all boxers, kickboxers, and mixed martial artists artists, officials, and seconds, who participate in competitions and sparring exhibitions governed by the commission; (3) Establish license criteria and license fees for all promoters, managers, and matchmakers matchmakers, and promoters of boxing, kickboxing, or and mixed martial arts competitions; competitions and sparring exhibitions held in this state; (4) Establish registration requirements for all boxing, kickboxing, or mixed martial arts competitions or and sparring exhibitions held in the this state; (5) Establish the and maintain written records to be maintained for all competitions 31 and sparring exhibitions conducted in the this state; 32 (6) Establish a fee based on the percentage of gross revenues from any boxing, 33 kickboxing, or mixed martial arts competition or sparring exhibition held in the this 34 state. The fee established under this subdivision may may, provided the fee does not exceed five percent of the gross revenues of the competition or sparring exhibition from any and all sources sources, including cable television and pay-per-view telecasts of the event, exclusive of any federal tax. However, the The commission may establish and impose a minimum competition or sparring exhibition fee fee, not to exceed five thousand dollars dollars, to cover the expenses of the South Dakota Athletic Commission; Commission commission; (7) Establish criteria for approved bona fide educational institutions or national amateur boxing, kickboxing, or mixed martial arts associations for purposes of being exempted from the provisions of this chapter; (8) Establish procedures for disciplinary proceedings; and (9) Establish procedures for receiving and conducting complaint investigations. investigations; (10) Establish procedures for the suspension of boxers, kickboxers, mixed martial artists, officials, and seconds following participation in a boxing, kickboxing, or mixed martial arts competition or sparring exhibition; (11) Establish procedures for conducting a review and verification of a bout result in a boxing, kickboxing, or mixed martial arts competition or sparring exhibition; (12) Establish qualifying requirements for boxers, kickboxers, mixed martial artists, officials, and seconds for participation in a boxing, kickboxing, or mixed martial arts competition or sparring exhibition; (13) Establish qualifying requirements for managers, matchmakers, and promotors for involvement in boxing, kickboxing, or mixed martial arts competition or sparring exhibition; (14) Establish requirements for the conduct and discipline of boxers, kickboxers, mixed martial artists, managers, matchmakers, officials, promoters, and seconds participating in boxing, kickboxing, or mixed martial arts competitions or sparring exhibitions; (15) Establish criteria and requirements for a boxing, kickboxing, or mixed martial arts competition or sparring exhibition conducted by an education institution; national amateur boxing, kickboxing, or mixed martial arts association; or local affiliate approved by the commission to be exempted from the provisions of this chapter; 31 and 32 (16) Establish the following fees: 33 (a) A boxer registration fee, not to exceed one hundred dollars; 34 (b) An inspector registration fee, not to exceed one hundred dollars; 35 (c) A judge registration fee, not to exceed one hundred dollars; (d) A kickboxer registration fee, not to exceed one hundred dollars; (e) A mixed martial artist registration fee, not to exceed one hundred dollars; (f) A physician registration fee, not to exceed one hundred dollars; (g) A referee registration fee, not to exceed one hundred dollars; (h) A second registration fee, not to exceed one hundred dollars; (i) A timekeeper fee, not to exceed one hundred dollars; (j) A manager license fee, not to exceed five hundred dollars; (k) A matchmaker license fee, not to exceed five hundred dollars; and (l) A promoter license fee, not to exceed five hundred dollars. 10

42-12-14. No A boxer, kickboxer, or mixed martial artist may not participate in any a competition or sparring exhibition without having a certificate of registration issued by the commission. Each boxer, kickboxer, or mixed martial artist artist, official, and second shall submit an application upon a the form prescribed by the commission and pay the required application fee. Any boxer, kickboxer, or mixed martial artist artist, official, or second in a competition or sparring exhibition exhibition, who does not have a certificate of registration issued by the commission commission, or who does not comply with the provisions of this chapter or any rule promulgated pursuant to this chapter, is guilty of a Class 2 misdemeanor. misdemeanor and subject to the sanctions and penalties provided in §§ 42-12-20 and 42-12-24. The commission may file a civil suit to enjoin any person from engaging in a competition or sparring exhibition without a certificate of registration issued by the commission. 24

42-12-15. No A manager, matchmaker, or promoter may not arrange, facilitate, participate in, facilitate, produce, stage, arrange, or profit from from, or stage a competition or sparring exhibition without having a license issued by the commission. A manager, matchmaker, or promoter shall submit an application upon a the form prescribed by the commission and shall pay the required application fee. Any person, person association, club, corporation, association, or entity entity, or individual 31 required to have a license pursuant to this section section, that arranges, facilitates, participates 32 in, facilitates, produces, stages, arranges, or profits from from, or stages a competition or 33 sparring exhibition without having a license issued by the commission commission, or that does not comply with the provisions of this chapter or any rule promulgated pursuant to this chapter, is guilty of a Class 2 misdemeanor. misdemeanor and subject to the sanctions and penalties provided in §§ 42-12-20 and 42-12-24. The commission may file a civil suit to enjoin any person or entity from engaging in a competition or sparring exhibition without a license issued by the commission. 6

42-12-16. No A competition or sparring exhibition may not be held without having a certificate of registration issued by the commission. The commission shall prescribe the form and the fee for registration. Any person, person association, club, competitor, club, corporation, association, or entity or individual that arranges, facilitates, participates in, facilitates, produces, stages, arranges, or profits from from, or stages a competition or sparring exhibition that does not have a certificate of registration issued by the commission commission, or that does not comply with the provisions of this chapter or any rule promulgated pursuant to this chapter, is guilty of a Class 1 misdemeanor. misdemeanor and subject to the sanctions and penalties provided in §§ 42-12-20 and 42-12-24. The commission may file a civil suit to enjoin any person or entity from participating in, facilitating, producing, staging, arranging, or profiting from a competition or sparring exhibition that does not have a certificate of registration issued by the commission. 20

Inspection of competition or sparring exhibition. 42-12-18. Any member of the commission, or its representative or the commission's agent, assigned official, or representative, may freely enter upon and inspect a competition or sparring exhibition at the time and place set for the competition or sparring exhibition. 25

Direction of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions. 42-12-9. The commission is hereby vested with the sole direction, control, and jurisdiction over all contests and exhibitions of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions held in the State of South Dakota. Dakota this state. The commission shall regulate competitions and sparring exhibitions for the purposes of compliance with applicable federal laws and regulations, event fairness, fair competition, and safety of the participants and the public. No competition or sparring exhibition may be conducted within this state state, except in accordance with the provisions of this chapter or any rule promulgated pursuant to this chapter. 24

Powers and duties of commission. 42-12-9.1. The commission has the following powers and duties: duties shall: (1) Through rules established pursuant to chapter 1-26, establish standards for the practice of boxing, kickboxing, and mixed martial arts; (2) Issue licenses and registrations to persons, clubs, corporations, associations, any association, club, corporation, individual or other entities person that meet meets the qualifications for licensure or registration; (3) registration as a boxer, kickboxer, mixed martial 31 artist, manager, matchmaker, promoter, official, or second; 32 (3)(2) Have available the names of persons, persons associations, clubs, corporations, associations, associations individuals, or and other entities persons registered or licensed pursuant to the provisions of this chapter; (4) (4)(3) Have available to the public the date, time, and location of any competition or sparring exhibition registered pursuant to the provisions of this chapter; (5) (5)(4) Employ personnel in accordance with the needs and budget of the commission; (6) (6)(5) Enter into contracts contracts, as necessary to carry out the commission's responsibilities pursuant to the provisions of this chapter; (7) (7)(6) Communicate disciplinary actions and registration and license status of boxers, kickboxers, mixed martial artists, managers, matchmakers, promoters, and matchmakers officials, and seconds to the relevant state and federal governing bodies bodies, as may be required; and (8) (8)(7) Perform other duties directly related to the provisions of this chapter or rules promulgated pursuant to chapter 1-26. 1-26; (8) Maintain and verify the results of bouts in competitions and sparring exhibitions; and (9) Report the results of bouts in competitions and sparring exhibitions to the relevant state and federal governing bodies as required. 18