42-12-1 to 42-12-7. Repealed.
42-12-7.1      Definitions.
42-12-8      South Dakota Athletic Commission created.
42-12-8.1      Terms--Vacancies.
42-12-8.2      Meetings--Quorum.
42-12-8.3      Officers.
42-12-8.4      Per diem--Expenses.
42-12-8.5      Immunity from personal liability.
42-12-8.6      Liability coverage.
42-12-9      Direction of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions.
42-12-9.1      Powers and duties of commission.
42-12-10      Promulgation of rules.
42-12-11      Boxing commission fund.
42-12-12      Competitions and exhibitions to conform to local ordinances.
42-12-13      Certain educational institutions and amateur associations exempt.
42-12-14      Certificate of registration required for boxers, kickboxers, and mixed martial artists--Application--Violation as misdemeanor.
42-12-15      License required to facilitate a competition or exhibition--Application--Violation as misdemeanor.
42-12-16      Certificate of registration required for competition or exhibition--Violation as misdemeanor.
42-12-17      Records pertaining to competition or exhibition.
42-12-18      Inspection of competition or sparring exhibition.
42-12-19      Proceeds subject to forfeiture.
42-12-20      Sanctions for violation of chapter.
42-12-21      Summary suspension of registration or license--Hearing--Appeal.
42-12-22      Proceedings for revocation or suspension.
42-12-23      Appeals from discipline.
42-12-24      Penalties for violation of chapter.
42-12-25      Cease and desist order--Service--Hearing.
42-12-26      Failure to appear--Criminal prosecution.
42-12-27      Report--Orders.
42-12-28      Fees to reimburse commission for proceedings.
42-12-29      Prosecution of criminal action.
42-12-30      Prosecution of civil action.

42-12-1 to 42-12-7. Repealed by SL 2009, ch 219, § 8, eff. July 1, 2012.

42-12-7.1. Definitions.

Terms used in this chapter mean:

(1)    "Department," the Department of Labor and Regulation;

(2)    "Commission," the South Dakota Athletic Commission;

(3)    "Boxing," the sport or practice of fighting with fists in which participants wear boxing gloves;

(4)    "Kickboxing," the sport of attack and defense in which participants wear boxing gloves and throw punches as in boxing and kick with bare feet as in karate;

(5)    "Mixed martial arts," the sport of fighting in which participants inflict or employ kicks, punches, blows, holds, and other techniques to injure, stun, choke, incapacitate, or disable an opponent, using a combination of boxing, kickboxing, wrestling, grappling, or other martial arts;

(6)    "Boxer," a participant in a boxing competition or sparring exhibition;

(7)    "Kickboxer," a participant in a kickboxing competition or sparring exhibition;

(8)    "Mixed martial artist," a participant in a mixed martial arts competition or sparring exhibition;

(9)    "Promoter," any person, club, corporation, association, or entity, who produces, arranges, or stages any competition or sparring exhibition;

(10)    "Manager," any person who acts on behalf of a boxer, kickboxer, or mixed martial artist to facilitate the production, arrangement, or staging of any competition or sparring exhibition;

(11)    "Matchmaker," any person, club, corporation, association, or entity that brings together a competition or sparring exhibition;

(12)    "Competition," any match, fight, contest, or event in which the participants intend to and actually inflict punches, blows, kicks, or other techniques to temporarily incapacitate an opponent with the intent to win the competition, and in which the participants receive payment or remuneration, directly or indirectly, as consideration for the participant's performance; and

(13)    "Sparring exhibition," any match, fight, contest, or event in which the participants intend to and actually inflict punches, blows, kicks, or other techniques to temporarily incapacitate an opponent with the intent to display skills without striving to win, and in which the participants receive payment or remuneration, directly or indirectly, as consideration for the participant's performance.

Source: SL 2014, ch 209, § 28.

42-12-8. South Dakota Athletic Commission created.

There is hereby created, within the jurisdiction of the Department of Labor and Regulation, the South Dakota Athletic Commission consisting of five members appointed by the Governor. Not all members may be of the same political party. One member shall have experience with, or have been active in boxing, kickboxing, or mixed martial arts. One member shall represent the public at large.

Source: SL 2013, ch 221, § 1; SL 2014, ch 209, § 1.

42-12-8.1. Terms--Vacancies.

Each appointment to the commission shall be for a period of three years except for the initial appointments which shall be for staggered terms. Each member shall serve until the expiration of the term for which the commissioner was appointed or until the member's successor is appointed and qualified to serve on the commission. If a vacancy occurs other than by expiration of term, the Governor shall appoint a qualified person to fill the vacancy for the unexpired term. The appointment to an unexpired term is not considered a full term. No member may serve more than three consecutive full terms.

Source: SL 2014, ch 209, § 2.

42-12-8.2. Meetings--Quorum.

The commission shall hold at least one meeting annually. The commission may hold other meetings at a time and place set by the chair or by a majority of the commission. A majority of the commissioners constitutes a quorum to conduct business. A majority of those present and voting constitutes a decision of the commission.

Source: SL 2014, ch 209, § 3.

42-12-8.3. Officers.

The commission shall select a chair, vice chair, and secretary annually. No member may serve as chair for more than three consecutive years.

Source: SL 2014, ch 209, § 4.

42-12-8.4. Per diem--Expenses.

Members of the commission shall receive a per diem established pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while engaged in official duties.

Source: SL 2014, ch 209, § 5.

42-12-8.5. Immunity from personal liability.

The commission, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the commission's duties, and the state shall hold the commission, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which such immunity applies. The attorney general shall represent and appear for them in any action or proceeding brought by or against the commission, its members, and its agents because of such acts.

Source: SL 2014, ch 209, § 6.

42-12-8.6. Liability coverage.

The commission may acquire liability coverage from an outside entity to provide adequate coverage against claims.

Source: SL 2014, ch 209, § 7.

42-12-9. Direction of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions.

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. No competition or exhibition may be conducted within this state except in accordance with the provisions of this chapter.

Source: SL 2013, ch 221, § 2.

42-12-9.1. Powers and duties of commission.

The commission has the following powers and duties:

(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, or other entities that meet the qualifications for licensure or registration;

(3)    Have available the names of persons, clubs, corporations, associations, or other entities registered or licensed pursuant to the provisions of this chapter;

(4)    Have available the date, time, and location of any competition or sparring exhibition registered pursuant to the provisions of this chapter;

(5)    Employ personnel in accordance with the needs and budget of the commission;

(6)    Enter into contracts as necessary to carry out the commission's responsibilities pursuant to the provisions of this chapter;

(7)    Communicate disciplinary actions and registration and license status of boxers, kickboxers, mixed martial artists, managers, promoters, and matchmakers to relevant state and federal governing bodies as may be required; and

(8)    Perform other duties directly related to the provisions of this chapter or rules promulgated pursuant to chapter 1-26.

Source: SL 2014, ch 209, § 26.

42-12-10. Promulgation of rules.

The commission shall promulgate rules, pursuant to chapter 1-26, to:

(1)    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 who participate in competitions and sparring exhibitions governed by the commission;

(3)    Establish license criteria and license fees for all promoters, managers, and matchmakers of boxing, kickboxing, or mixed martial arts competitions;

(4)    Establish registration requirements for all boxing, kickboxing, or mixed martial arts competitions or sparring exhibitions held in the state;

(5)    Establish the written records to be maintained for all competitions and sparring exhibitions conducted in the state;

(6)    Establish a fee based on the percentage of gross revenues from any boxing, kickboxing, or mixed martial arts competition or sparring exhibition held in the state. 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, the commission may establish and impose a minimum exhibition fee not to exceed five thousand dollars to cover the expenses of the South Dakota Athletic 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.

Source: SL 2013, ch 221, § 3; SL 2014, ch 209, § 25; SL 2016, ch 213, § 1.

42-12-11. Boxing commission fund.

All fees collected pursuant to this chapter shall be placed in the boxing 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 chapter and for the compensation and expenses of members of the South Dakota Athletic Commission.

Source: SL 2013, ch 221, § 4.

42-12-12. Competitions and exhibitions to conform to local ordinances.

Boxing, kickboxing, or mixed martial arts competitions or sparring 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 chapter. No boxing, kickboxing, or mixed martial arts competition or sparring exhibition may be held in a city where such contests or exhibitions are prohibited by ordinance.

Source: SL 2013, ch 221, § 5.

42-12-13. Certain educational institutions and amateur associations exempt.

All boxing, kickboxing, or mixed martial arts or sparring exhibitions conducted by bona fide educational institutions or by national amateur boxing, kickboxing, or mixed martial arts associations or their local affiliates approved by the commission are exempt from the provisions of this chapter.

Source: SL 2013, ch 221, § 6; SL 2014, ch 209, § 27.

42-12-14. Certificate of registration required for boxers, kickboxers, and mixed martial artists--Application--Violation as misdemeanor.

No boxer, kickboxer, or mixed martial artist may participate in any competition or sparring exhibition without having a certificate of registration issued by the commission. Each boxer, kickboxer, or mixed martial artist shall submit an application upon a form prescribed by the commission and pay the required application fee. Any boxer, kickboxer, or mixed martial artist in a competition or sparring exhibition who does not have a certificate of registration issued by the commission is guilty of a Class 2 misdemeanor. The commission may file a civil suit to enjoin any person engaging in a competition or sparring exhibition without a certificate of registration issued by the commission.

Source: SL 2014, ch 209, § 8.

42-12-15. License required to facilitate a competition or exhibition--Application--Violation as misdemeanor.

No manager, matchmaker, or promoter may participate in, facilitate, produce, stage, arrange, or profit from a competition or sparring exhibition without having a license issued by the commission. A manager, matchmaker, or promoter shall submit an application upon a form prescribed by the commission and shall pay the required application fee. Any person, club, corporation, association, or entity required to have a license pursuant to this section that participates in, facilitates, produces, stages, arranges, or profits from a competition or sparring exhibition without having a license issued by the commission is guilty of a Class 2 misdemeanor. The commission may file a civil suit to enjoin any person or entity engaging in a competition or sparring exhibition without a license issued by the commission.

Source: SL 2014, ch 209, § 9.

42-12-16. Certificate of registration required for competition or exhibition--Violation as misdemeanor.

No competition or sparring exhibition may 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, competitor, club, corporation, association, or entity that participates in, facilitates, produces, stages, arranges, or profits from a competition or sparring exhibition that does not have a certificate of registration issued by the commission is guilty of a Class 1 misdemeanor. 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.

Source: SL 2014, ch 209, § 10.

42-12-17. Records pertaining to competition or exhibition.

Any competition or sparring exhibition held in South Dakota shall keep any written records pertaining to the competition or sparring exhibition that may be required by the commission. The records shall be made available for inspection by a representative or agent of the commission during normal business hours.

Source: SL 2014, ch 209, § 11.

42-12-18. Inspection of competition or sparring exhibition.

Any member of the commission, or its representative or agent, may freely enter upon and inspect a competition or sparring exhibition at the time and place set for the competition or sparring exhibition.

Source: SL 2014, ch 209, § 12.

42-12-19. Proceeds subject to forfeiture.

Any assets, interest, revenues, income, and proceeds acquired from a competition or sparring exhibition held without having a certificate of registration issued by the commission are subject to forfeiture to the commission.

Source: SL 2014, ch 209, § 13.

42-12-20. Sanctions for violation of chapter.

If the commission determines that a person, club, corporation, association, or entity is in violation of this chapter or any rule promulgated pursuant to this chapter, the commission may take the following actions:

(1)    Deny an application for registration or licensure;

(2)    Suspend, temporarily suspend, revoke, or refuse to renew a registration or license;

(3)    Place on probation, condition, or limit a registration or license;

(4)    Require reimbursement of the commission for expenses resulting from suspension, temporary suspension, revocation, refusal to renew, fines, censure, or reprimand resulting from a violation;

(5)    Pursue legal actions against a person, club, corporation, association, or entity that is not authorized to act by this chapter;

(6)    Impose an administrative fine as provided for by this chapter;

(7)    Seek an injunction as provided for by this chapter;

(8)    Issue a cease and desist order as provided for by this chapter; or

(9)    Other sanctions which the commission finds appropriate.

Source: SL 2014, ch 209, § 14.

42-12-21. Summary suspension of registration or license--Hearing--Appeal.

The commission may summarily suspend a registration or license in advance of a final adjudication or during the appeals process if the commission finds that a registrant or licensee represents a clear and immediate danger to the public safety or to the safety of other competitors or participants in any competition or sparring exhibition. Any registrant or licensee whose registration or license is suspended under this section is entitled to a prompt hearing pursuant to § 1-26-29. The registrant or licensee may subsequently appeal the suspension to circuit court in accordance with chapter 1-26.

Source: SL 2014, ch 209, § 15.

42-12-22. Proceedings for revocation or suspension.

Proceedings for the revocation or suspension of any registration or license shall be conducted pursuant to chapter 1-26 and any rules promulgated pursuant to this chapter.

Source: SL 2014, ch 209, § 16.

42-12-23. Appeals from discipline.

The findings and actions of the commission on disciplinary matters are subject to appeal as provided by chapter 1-26 and any rules promulgated pursuant to this chapter.

Source: SL 2014, ch 209, § 17.

42-12-24. Penalties for violation of chapter.

Any person, club, corporation, association, or entity that has violated any provision of this chapter or any rule promulgated pursuant to this chapter is subject to the following penalties:

(1)    Administrative fine:

(a)    Boxer, kickboxer, or martial artist: any person registered by the commission who violates any provision of this chapter or rules promulgated pursuant to this chapter is liable for an administrative fine not to exceed five hundred dollars for each offense;

(b)    Manager, promoter, or matchmaker: any person, club, corporation, association, or entity licensed by the commission which violates any provision of this chapter or rules promulgated pursuant to this chapter is liable for an administrative fine not to exceed two thousand dollars for each offense;

(c)    Competition or sparring exhibition: any person, club, corporation, association, or entity responsible for facilitating, producing, staging, arranging, or profiting from a competition or sparring exhibition registered by the commission that violates any provision of this chapter or rules promulgated pursuant to this chapter is liable for an administrative fine not to exceed two thousand five hundred dollars for each offense.

An administrative fine not paid within sixty days from the date of the order imposing the fine may be enforced by an action in the appropriate county circuit court. Any person, club, corporation, association, or entity aggrieved by an order under this subdivision may make an appeal pursuant to chapter 1-26;

(2)    Injunction: if the commission deems it necessary for the public safety or the safety of competitors or participants in a competition or sparring exhibition, the commission may bring an action in the name of the state in the circuit court in any county in which jurisdiction is proper to enjoin the act, practice, or violation and to enforce compliance with this chapter or any rule promulgated pursuant to this chapter. Upon showing that a person, club, corporation, association, or entity has engaged in an otherwise unauthorized act or practice, a permanent or temporary injunction, or restraining order, or other appropriate relief shall be obtained against the person, club, corporation, association, or entity to prohibit the continuation of the unauthorized act or practice;

(3)    Cease and desist order: the commission may issue and have served upon a person, club, corporation, association, or entity an order requiring the person, club, corporation, association, or entity to cease and desist from any unauthorized practice or act which is in violation of this chapter or any rule promulgated pursuant to this chapter. The cease and desist order shall give reasonable notice of the rights to request a hearing pursuant to chapter 1-26 and shall state the reasons for the entry of the order.

Source: SL 2014, ch 209, § 18.

42-12-25. Cease and desist order--Service--Hearing.

Service of the cease and desist order is effective if the order is served on the person, club, corporation, association, entity, or counsel of record personally or by certified mail. Unless otherwise agreed by the commission and the party requesting the hearing, a hearing shall be held no later than ninety days after a request for a hearing is received by the commission.

Source: SL 2014, ch 209, § 19.

42-12-26. Failure to appear--Criminal prosecution.

If no hearing is requested within the thirty days of service of the cease and desist order, the order becomes final and remains in effect until the order is modified or vacated by the commission. If the party to whom a cease and desist order is issued requests a hearing, but after being duly notified fails to appear at the hearing, the party is in default and the proceeding may be determined against the party upon consideration of the cease and desist order, the allegations of which may be considered to be true. Action taken pursuant to this section does not relieve a party from criminal prosecution by a competent authority or from disciplinary action by the commission with respect to the party's application, registration, license, or renewal.

Source: SL 2014, ch 209, § 20.

42-12-27. Report--Orders.

The commission or hearing examiner shall issue a report within thirty days of the close of the contested case hearing record. Within thirty days after the report and any exceptions to the report, the commission shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.

Source: SL 2014, ch 209, § 21.

42-12-28. Fees to reimburse commission for proceedings.

The commission may impose a fee to reimburse the commission for all or part of the cost of proceedings resulting in disciplinary action authorized by this chapter or rules promulgated pursuant to this chapter, the imposition of civil penalties or administrative fines, or the issuance of a cease and desist order. The fee may be imposed if the commission shows a person, club, corporation, association, or entity has committed an act or practice in violation of this chapter or rules promulgated pursuant to this chapter, or has violated an order of the commission. The costs include the amount paid by the commission for services from attorneys, investigators, court reporters, witnesses, expert witnesses, reproduction of records, commission members' per diem compensation, commission staff time, and expenses incurred by commission members and staff.

Source: SL 2014, ch 209, § 22.

42-12-29. Prosecution of criminal action.

Any criminal action for violation of any provision of this chapter or of any rule promulgated pursuant to this chapter shall be prosecuted by the attorney general of the state, or, at the attorney general's request and under the attorney general's direction, by the state's attorney of any county in which the violation occurred.

Source: SL 2014, ch 209, § 23.

42-12-30. Prosecution of civil action.

In any civil action to enforce the provisions of this chapter, the Department of Labor and Regulation and the state may be represented by any qualified attorney who is a regular salaried employee of the department and is designated by the department for this purpose or, at the department's request, by the attorney general.

Source: SL 2014, ch 209, § 24.