88
th Legislative Session _ 2013
Committee: House Commerce and Energy
Monday, February 25, 2013
P - Present
E - Excused
A - Absent
Roll Call
P Cammack
P Cronin
P Greenfield
P Miller
P Nelson
P Rounds
P Stalzer
E Westra
P Peterson
P Parsley
P Kirschman
P Conzet, Vice-Chair
P Solum, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Solum.
MOTION: TO APPROVE THE MINUTES OF FRIDAY FEBRUARY 22, 2013
Moved by: Cammack
Second by: Nelson
Action: Prevailed by voice vote.
SB 84: create the South Dakota Athletic Commission and to provide for the
supervision of boxing, kickboxing, mixed martial arts competitions and sparring
exhibitions in the state.
Presented by: Representative Dean Schrempp
Proponents: Senator J. Mark Johnston
Mike Kilmer, Belle Fourche, self
David Martin, Self, Sioux Falls, SD (By Phone)
Paul Hunhoff, Self, Yankton, SD
Senator Jean Hunhoff (Handouts: #2)
Shane Coeni, Self, Redfield, SD
Representative Troy Heinert
Opponents: Representative Steve Hickey
Representative Scott Craig
Kim Olson, Office of the Governor
Jim Seward, Office of the Governor
Dale Bartscher, Family Heritage Alliance Action Incorporated
Mark Chase, SD Family Policy Council
MOTION: AMEND SB 84
84oa
On the Senate engrossed bill, delete all amendments, thus restoring the bill to the printed
version.
On page 2, line 14, of the printed version, delete "by" and insert "be".
Moved by: Greenfield
Second by: Kirschman
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 84
84rd
On the Senate engrossed bill, delete everything after the enacting clause and insert:
"
Section 1. There is hereby created, within the jurisdiction of the Department of Health, the South
Dakota Athletic Commission consisting of five members appointed by the Governor. Not all
members may be of the same political party. Two members shall have experience with, or have been
active in boxing, wrestling, or martial arts. One member shall represent the public at large. Each
member shall serve terms of three years, but no member may serve more than three consecutive
terms.
Section 2. No boxing, sparring, or professional wrestling matches or exhibitions may be
conducted, held, or given within the state except in accordance with the provisions of this Act. Such
boxing, sparring, or wrestling matches or exhibitions may be held in any building for which the
commission in its discretion may issue a license.
Section 3. A combative sport is any professional match or exhibition other than boxing, sparring,
wrestling, or martial arts wherein the contestants use a mixture of techniques as is the practice in
fights called mixed martial arts or ultimate fighting championships also known as cage fighting. For
the purposes of this section, martial arts includes any professional match or exhibition sanctioned
by any of the following organizations: U.S. Judo Association, U.S. Judo, Inc., U.S. Judo Federation,
U.S. Tae Kwon Do Union, North American Sport Karate Association, U.S.A. Karate Foundation,
U.S. Karate, Inc., World Karate Association, Professional Karate Association, Karate International,
International Kenpo Association, or World Wide Kenpo Association. The commission is authorized
to promulgate regulations, pursuant to chapter 1-26, which would establish a process to allow for
the inclusion or removal of martial arts organizations from the above list. Such process shall include
consideration of the following factors:
(1) Is the organization's primary purpose to provide instruction in self defense techniques;
(2) Does the organization require the use of head, hand, feet, and groin protection during any
competition or bout; and
(3) Does the organization have an established set of rules that require the immediate
termination of any competition or bout when any participant has received severe
punishment or is in danger of suffering serious physical injury.
Section 4. No combative sport may be conducted, held, or given within the state of South
Dakota, and no licenses may be approved by the commission for such matches or exhibitions.
Section 5. Any person who knowingly advances or profits from a combative sport activity is
guilty of a Class 1 misdemeanor. Such person is guilty of a Class 6 felony if that person has been
convicted in the previous five years of violating this section.
Section 6. A person advances a combative sport activity when, acting other than as a spectator,
the person engages in conduct which materially aids any combative sport. Such conduct includes
conduct directed toward the creation, establishment, or performance of a combative sport, toward
the acquisition or maintenance of premises, paraphernalia, equipment, or apparatus therefor, toward
the solicitation or inducement of persons to attend or participate therein, toward the actual conduct
of the performance thereof, toward the arrangement of any of its financial or promotional phases, or
toward any other phase of a combative sport. One advances a combative sport activity when, having
substantial proprietary or other authoritative control over premises being used with the person's
knowledge for purposes of a combative sport activity, the person permits such to occur or continue
or makes no effort to prevent its occurrence or continuation.
Section 7. A person profits from a combative sport activity when that person accepts or receives
money or other property with intent to participate in the proceeds of a combative sport activity, or
pursuant to an agreement or understanding with any person whereby that person participates or is
to participate in the proceeds of a combative sport activity.
Section 8. Any person who knowingly advances or profits from a combative sport activity is also
subject to a civil penalty not to exceed for the first violation ten thousand dollars or twice the amount
of gain derived therefrom whichever is greater, or for a subsequent violation twenty thousand dollars
or twice the amount of gain derived therefrom whichever is greater. The attorney general is hereby
empowered to commence judicial proceedings to recover such penalties and to obtain injunctive
relief to enforce the provisions of this section.
Section 9. The commission is hereby vested with the sole direction, control, and jurisdiction over
all contests and exhibitions held in the state of South Dakota.
Section 10. The commission shall promulgate rules pursuant to chapter 1-26 to:
(1) Govern the conduct of exhibitions through the use of the most recent uniform rules
published by the association of boxing commissions;
(2) Establish license fees for all contestants, promoters, managers, judges, timekeepers,
corner persons, knockdown counters, matchmakers, and referees or other participants; and
(3) Establish a fee based on the percentage of gross revenues from any exhibition held in the
state to cover the expenses of the South Dakota Athletic Commission. The fee established
under this subdivision may not exceed five percent of the gross revenues of the exhibition
from any and all sources including cable television and pay-per-view telecasts of the
event, exclusive of any federal tax. However, in no event may the fee be less than one
thousand dollars.
Section 11. All fees collected pursuant to this Act shall be placed in the athletic commission fund
that is hereby established in the state treasury. All money deposited in the fund is continuously
appropriated to pay for the administration of this Act and for the compensation and expenses of
members of the South Dakota Athletic Commission.
Section 12. Exhibitions held in any city in this state shall be held in conformity to the ordinances
of that city, in addition to the requirements of this Act. No exhibition may be held in a city where
such exhibitions are prohibited by ordinance."
Moved by: Rounds
Second by: Conzet
Action: Failed by voice vote.
MOTION: SUBSTITUTE MOTION DO PASS SB 84
Moved by: Nelson
Second by: Parsley
Action: Failed by roll call vote. (6-6-1-0)
Voting Yes: Cammack, Nelson, Rounds, Stalzer, Peterson, Parsley
Voting No: Cronin, Greenfield, Miller, Kirschman, Conzet, Solum
Excused: Westra
THE MOTION TO AMEND SB 84
84oa
On the Senate engrossed bill, delete all amendments, thus restoring the bill to the printed
version.
On page 2, line 14, of the printed version, delete "by" and insert "be".
Moved by: Greenfield
Second by: Kirschman
Action: Prevailed by voice vote.
MOTION: DO PASS SB 84 AS AMENDED
Moved by: Rounds
Second by: Peterson
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Cammack, Cronin, Greenfield, Miller, Nelson, Rounds, Stalzer, Peterson, Parsley,
Kirschman, Conzet, Solum
Excused: Westra
SB 133: establish a pharmacy audit integrity program.
Presented by: Representative Justin Cronin
Proponents: Bob Riter, SD Pharmacists Assn.
Shane Clarambea, Self, Ft Pierre
Melisa Forest, SD Retailers
Others: Harry Christianson, Express Scripts
MOTION: DO PASS SB 133
Moved by: Cammack
Second by: Conzet
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Cammack, Cronin, Greenfield, Miller, Nelson, Rounds, Stalzer, Peterson, Parsley,
Kirschman, Conzet, Solum
Excused: Westra
MOTION: PLACE SB 133 ON CONSENT CALENDAR
Moved by: Rounds
Second by: Stalzer
Action: Failed by voice vote.
SB 7: revise certain provisions regarding the registration of a place of business with
the Real Estate Commission.
Presented by: Melissa Miller, SD Real Estate Commission
MOTION: DO PASS SB 7
Moved by: Stalzer
Second by: Miller
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Cammack, Cronin, Greenfield, Miller, Nelson, Rounds, Stalzer, Peterson, Parsley,
Kirschman, Conzet, Solum
Excused: Westra
MOTION: PLACE SB 7 ON CONSENT CALENDAR
Moved by: Greenfield
Second by: Conzet
Action: Prevailed by voice vote.
SB 64: revise provisions regarding broker price opinions, comparative market
analyses, and appraisals.
Presented by: Melissa Miller, SD Real Estate Commission
MOTION: DO PASS SB 64
Moved by: Parsley
Second by: Kirschman
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Cammack, Cronin, Greenfield, Miller, Nelson, Rounds, Stalzer, Peterson, Parsley,
Kirschman, Conzet, Solum
Excused: Westra
MOTION: PLACE SB 64 ON CONSENT CALENDAR
Moved by: Greenfield
Second by: Miller
Action: Failed by voice vote.
SB 65: revise certain exemptions from licensure by the Real Estate Commission.
Presented by: Melissa Miller, SD Real Estate Commission
MOTION: DO PASS SB 65
Moved by: Cammack
Second by: Conzet
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Cammack, Cronin, Greenfield, Miller, Nelson, Rounds, Stalzer, Peterson, Parsley,
Kirschman, Conzet, Solum
Excused: Westra
MOTION: PLACE SB 65 ON CONSENT CALENDAR
Moved by: Kirschman
Second by: Greenfield
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Rounds
Second by: Parsley
Action: Prevailed by voice vote.
Diane Mellan
____________________________
Committee Secretary
Roger D. Solum, Chair
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