88th 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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