State of South Dakota  
EIGHTY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2009  

727Q0581   SENATE ENGROSSED     NO.   HB 1239  -  3/4/2009  

Introduced by:     Representatives Schrempp, Blake, Burg, Dennert, Elliott, Engels, Fargen, Feickert, Gibson, Hoffman, Iron Cloud III, Killer, Kirschman, Lange, Lucas, Nygaard, Olson (Betty), Schlekeway, Solberg, Sorenson, Street, Thompson, Vanderlinde, Verchio, and Wink and Senators Howie, Abdallah, Bradford, Fryslie, Hanson (Gary), Kloucek, Maher, Miles, and Peterson
 

         FOR AN ACT ENTITLED, An Act to  create the South Dakota Boxing Commission and to provide for the supervision of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  There is hereby created the South Dakota Boxing Commission consisting of five members appointed by the Governor. Not all of the members may be of the same political party. The initial members to be appointed shall draw lots to determine who will hold the two three-year terms, the two two-year terms, and the one one-year term. Thereafter, each member shall serve terms of three years, but no member may serve more than three consecutive terms.
     Section 2.  The commission shall supervise all boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions held in the state and 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 license fees for all boxers, kickboxers, mixed martial artists, boxing, kickboxing, and mixed martial arts promoters, managers, judges, timekeepers, cornerpersons, knockdown counters, matchmakers, and referees or other participants; and
             (3)    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 to pay for the expenses of the South Dakota Boxing Commission. However, no fee established pursuant to this subdivision may exceed five percent of the gross revenues of the competition or exhibition from any and all sources including cable television and pay-per-view telecasts of the event, exclusive of any federal tax thereon. If the expenses of the South Dakota Boxing Commission exceed the fees collected pursuant to this Act, the members of the commission are personally liable to cover the expenses.
     Section 3.  All fees collected pursuant to this Act 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 Act and for the expenses of members of the South Dakota Boxing Commission.
     Section 4.  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 Act. 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.
     Section 5.  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 are exempt from this Act.