revise and repeal provisions related to the athletic commission.

26.391.12 101st Legislative Session 64

2026 South Dakota Legislature
Senate Bill 64
ENROLLED

AN ACT

ENTITLED An Act to revise and repeal provisions related to the athletic commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 42-12:
Terms used in this chapter mean:
(1) "Boxer," a participant in a boxing competition or sparring exhibition;
(2) "Boxing," a sport or practice of fighting with fists, in which participants wear boxing
gloves;
(3) "Commission," the South Dakota Athletic Commission;
(4) "Competition," any contest, event, fight, or match in which:
(a) The participants intend to and actually inflict blows, kicks, and punches, or
utilize other techniques to temporarily incapacitate an opponent with the
intent to win the contest, event, fight, or match; and
(b) The participants receive payment or renumeration, directly or indirectly, as
consideration for the participant's performance;
(5) "Department," the Department of Labor and Regulation;
(6) "Kickboxer," a participant in a kickboxing competition or sparring exhibition;
(7) "Kickboxing," a 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;
(8) "Manager," any person who acts on behalf of a boxer, kickboxer, or mixed martial
artist to facilitate the arrangement, production, or staging of any competition or
sparring exhibition;
(9) "Matchmaker," any association, club, corporation, entity, or individual that brings
together a competition or sparring exhibition;
(10) "Mixed martial artist," a participant in a mixed martial arts competition or sparring
exhibition;
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(11) "Mixed martial arts," a sport of fighting, in which participants inflict or employ
blows, holds, kicks, punches, and other techniques to choke, disable, incapacitate,
injure, or stun an opponent, using a combination of boxing, grappling, kickboxing,
wrestling, or other martial arts;
(12) "Official," a commission representative, inspector, judge, physician, referee, or
timekeeper serving in an assigned role for a competition or sparring exhibition;
(13) "Promoter," an association, club, corporation, entity, or individual who arranges,
produces, or stages any competition or sparring exhibition;
(14) "Second," an individual who attends to a contestant between rounds; and
(15) "Sparring exhibition," any contest, event, fight, or match in which:
(a) The participants intend to and actually inflict blows, kicks, and punches, or
utilize other techniques to temporarily incapacitate an opponent, with the
intent to display skills without striving to win; and
(b) The participants receive payment or renumeration, directly or indirectly, as
consideration for the participant's performance.
Section 2. That § 42-12-9 be AMENDED:
42-12-9. The commission is 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 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, except in accordance with this chapter or any rule promulgated pursuant to this
chapter.
Section 3. That § 42-12-9.1 be AMENDED:
42-12-9.1. The commission shall:
(1) Issue licenses and registrations to any association, club, corporation, individual or
other person that meets the qualifications for licensure or registration as a boxer,
kickboxer, mixed martial artist, manager, matchmaker, promoter, official, or
second;
(2) Have available the names of associations, clubs, corporations, individuals, and
other persons registered or licensed pursuant to the provisions of this chapter;
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(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;
(4) Employ personnel in accordance with the needs and budget of the commission;
(5) Enter into contracts, as necessary to carry out the commission's responsibilities
pursuant to this chapter;
(6) Communicate disciplinary actions and registration and license status of boxers,
kickboxers, mixed martial artists, managers, matchmakers, promoters, officials,
and seconds to the relevant state and federal governing bodies, as required;
(7) Perform other duties directly related to this chapter;
(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.
Section 4. That § 42-12-10 be AMENDED:
42-12-10. The commission shall promulgate rules, pursuant to chapter 1-26, to:
(1) Establish the requirements for and govern the conduct of boxing, kickboxing, and
mixed martial arts competitions and sparring exhibitions;
(2) Establish registration criteria for all boxers, kickboxers, mixed martial artists,
officials, and seconds, who participate in competitions and sparring exhibitions
governed by the commission;
(3) Establish license criteria for all managers, matchmakers, and promoters of boxing,
kickboxing, and mixed martial arts competitions and sparring exhibitions held in
this state;
(4) Establish registration requirements for all boxing, kickboxing, or mixed martial arts
competitions and sparring exhibitions held in this state;
(5) Establish and maintain written records for all competitions and sparring exhibitions
conducted in this 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 this
state, provided the fee does not exceed five percent of the gross revenues of the
competition or s parring exhibition from any and all sources, including cable
television and pay -per-view telecasts of the event, exclusive of any federal tax.
The commission may establish and impose a minimum competition or sparring
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exhibition fee, not to exceed five thousand dollars, to cover the expenses of the
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 this chapter;
(8) Establish procedures for disciplinary proceedings;
(9) Establish procedures for receiving and conducting complaint 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;
and
(16) Establish the following fees:
(a) A boxer registration fee, not to exceed one hundred dollars;
(b) An inspector registration fee, not to exceed one hundred dollars;
(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;
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(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.
Section 5. That § 42-12-14 be AMENDED:
42-12-14. A boxer, kickboxer, or mixed martial artist may not participate in a
competition or sparring exhibition without having a certificate of registration issued by the
commission. Each boxer, kickboxer, mixed martial artist, official, and second shall submit
an application upon the form prescribed by the commission and pay the required fee.
Any boxer, kickboxer, mixed martial artist, official, or second in a competition or
sparring exhibition, who does not have a certificate of registration issued by the
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 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.
Section 6. That § 42-12-15 be AMENDED:
42-12-15. A manager, matchmaker, or promoter may not arrange, facilitate,
participate in, produce, profit from, or stage a competition or sparring exhibition without
having a license issued by the commission. A manager, matchmaker, or promoter shall
submit an applic ation upon the form prescribed by the commission and shall pay the
required fee.
Any association, club, corporation, entity, or individual required to have a license
pursuant to this section, that arranges, facilitates, participates in, produces, profits from,
or stages a competition or sparring exhibition without having a license issu ed by the
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 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 license issued by the commission.
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Section 7. That § 42-12-16 be AMENDED:
42-12-16. 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 association, club, competitor, corporation, or individual that arranges,
facilitates, participates in, produces, profits from, or stages a competition or sparring
exhibition that does not have a certificate of registration issued by the 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 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.
Section 8. That § 42-12-18 be AMENDED:
42-12-18. Any member of the commission, 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.
Section 9. That § 42-12-7.1 be REPEALED.
Section 10. That § 42-12-13 be REPEALED.
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An Act to revise and repeal provisions related to the athletic commission.

I certify that the attached Act originated in
the:

Senate as Bill No. 64

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 64
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State