THE SENATE

S.B. NO.

2170

THIRTY-SECOND LEGISLATURE, 2024

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COMBAT SPORTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that Hawaii has embraced full-contact combat sports that allow the use of both striking and grappling techniques; involve both standing and on-the-ground; and blend boxing, wrestling, Brazilian jiu-jitsu, Muay Thai, kickboxing, karate, judo, and other styles of combat sports.  Combat sports events have drawn capacity crowds to the Neal S. Blaisdell Arena, and although the prestigious Ultimate Fighting Championship organization has never staged a show in Hawaii, the idea has been floated many times.  The legislature finds that to continue growing the combat sports industry in the State and to attract events staged by the Ultimate Fighting Championship, a combat sports commission must be established.

     Accordingly, the purpose of this Act is to establish a new regulatory framework for combat sports contests in Hawaii by:

     (1)  Renaming the existing boxing commission of Hawaii as the combat sports commission of Hawaii;

     (2)  Expanding the commission's jurisdiction to include combat sports; and

     (3)  Repealing existing law that governs mixed martial arts contests in Hawaii.

     SECTION 2.  Chapter 440, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

     "§440-    Executive officer.  The director shall assign an executive officer to the commission to carry out the commission's activities, duties, and other obligations under this chapter.

     §440-    Timekeeper; duties.  (a)  At each combat sports contest there shall be in attendance at least one timekeeper licensed pursuant to this chapter and designated to act as the official timekeeper of the contest.

     (b)  The timekeeper shall keep track of the time elapsing during each round of the contest and the time intervals between rounds and between contests.  The timekeeper shall keep the referee aware during each contest of the time constraints of each contest.

     §440-    Drug test; withholding of wages; penalty.  (a)  On the advice of one or both of the physicians in attendance at every combat sports contest, a post-contest drug test may be administered to any contestant, at the sole expense of the promoter, to determine whether the contestant has consumed any illegal drugs or drugs banned by the commission.

     (b)  Any wages due to a contestant shall be withheld by the commission until the commission, in consultation with the two attending physicians, is satisfied that the contestant did not have the presence of any illegal or banned drugs in the contestant's person.

     (c)  Any contestant who fails a drug test shall have the contestant's license suspended by the commission for not less than twelve months from the date of the offense and, in the discretion of the commission, may have the contestant's license permanently revoked.

     §440-    Injunctive relief.  The commission, in addition to any other remedies available, may bring an action in any court of the State to enjoin a person from continuing any violation of this chapter or doing any acts in furtherance thereof, and for any other relief that the court deems appropriate."

     SECTION 3.  Chapter 440, Hawaii Revised Statutes, is amended to read as follows:

"Chapter 440

[BOXING] COMBAT SPORTS contestS

     §440-1  Definitions.  As used in this chapter:

     "Amateur boxing contest" is one in which no contestant has boxed with or against a professional boxer or another amateur boxer for a money prize or purse, except as provided in this chapter.

     "Boxing" means a contest in which the act of attack and defense is practiced with gloved fists by two contestants.

     ["Club" means a promoter, corporation, joint venture, partnership, limited liability corporation, limited liability partnership, or any other type of business entity that promotes, conducts, holds, or gives a boxing contest.  The terms "club" and "promoter" are synonymous, and may be used interchangeably.]

     "Combat sports" means unarmed combat involving the use, subject to any applicable limits set forth in this chapter and any rules adopted to implement these limits, of a combination of techniques from different disciplines of boxing or martial arts, including punching, grappling, kicking, and striking.

     "Combat sports contest" means a contest in which a combat sports contestant competes with or against another combat sports contestant, using combat sports, for money, prize, purse, or other forms of compensation.

     "Combat sports contestant" or "contestant" means a person who is trained in combat sports and competes in a combat sports contest.

     "Commission" means the [state boxing commission.] combat sports commission of Hawaii established in section 440-2.     "Contest" means match or exhibition.

     "Department" means the department of commerce and consumer affairs.

     "Director" means the director of commerce and consumer affairs.

     "Executive officer" means the executive officer assigned to the commission.

     "Manager" means any person who:

     (1)  Undertakes or has undertaken to represent in any way the [interest] interests of any [professional boxer] combat sports contestant in procuring, arranging, or conducting any [professional] contest in which the [boxer] combat sports contestant is to participate as a contestant; [provided that "manager" shall not include an attorney licensed to practice in this State while the attorney is representing the legal interest of a professional boxer as a client;] or

     (2)  Directs or controls the [boxing] combat sports activities of the [professional boxer.] combat sports contestant.

     "Manager" does not include an attorney licensed to practice in the State while the attorney is representing the legal interests of a combat sports contestant as a client.

     "No rules combat or similar contest" means a contest or exhibition performed in the State in which the contestants:

     (1)  Are permitted to use, with few or no rules or restrictions, a combination of combative contact techniques, including punches, kicks, chokes, joint locks, and other maneuvers, with or without the use of weapons, that place contestants at an unreasonably high risk of bodily injury or death; and

     (2)  Have received, directly or indirectly, any money, prize, reward, purse, or other compensation, or promise thereof, for the expenses of training, taking part in the contest, or winning the contest.

     "No rules combat or similar contest" does not include a contest involving the exclusive use of boxing, wrestling, kickboxing, martial arts, or combat sports.

     Professional boxer" is one who:  competes for a money prize or purse or other form of compensation; or teaches, pursues, or assists in the practice of boxing as a means of obtaining a livelihood or pecuniary gain.

     "Professional boxing contest" or "boxing contest" is one in which a contestant boxes with or against another boxer for a money prize or purse or other form of compensation.

     "Promoter" means an individual, club, corporation, joint venture, partnership, limited liability corporation, limited liability partnership, or any other type of business entity that promotes, conducts, holds, or gives a combat sports contest.

     §440-2  [Commission] Combat sports commission of Hawaii; established.  There shall be [a board which shall be known as the state boxing] established the combat sports commission of Hawaii.  The commission shall consist of [five] eight members[.  At]; provided that at least one of the members shall be a member of USA Boxing, Inc., at least one of the members shall have experience as a combat sports contestant, and at least three of the members shall have experience in combat sports contests as a contestant or in the promotion or administration of combat sports contests.  One member shall be designated by the governor as chairperson of the commission.

     §§440-3 and 440-4  REPEALED.

     §440-5  Deputy commissioners.  The director may appoint deputy commissioners; provided that the director [has] shall have the approval of the commission prior to any appointment.  The director may remove deputy commissioners after consultation with the commission.  The commission may direct [the deputy commissioner or] one or more deputy commissioners to be present at any [boxing] combat sports contest and, in the absence of the commission or a member thereof, to [superintend] supervise and control the [boxing] combat sports contest, in accordance with this chapter and the rules adopted by the commission pursuant [thereto.] to this chapter.  The deputy commissioners shall make a written report to the executive officer in the manner and form prescribed by the commission [of] detailing the conditions prevailing at every contest.

     §440-6  [Rules.] Rulemaking authority.  The commission may adopt, amend, and repeal rules that it considers necessary or expedient for the conduct of its business and the regulation of the matters in this chapter committed to its charge.  The rules when adopted pursuant to chapter 91 shall have the force and effect of law.

     §440-7  Other employees.  Subject to chapter 76, the department [of commerce and consumer affairs] may employ clerks, inspectors, and other employees as it deems necessary[.] for the purposes of this chapter.

     §440-8  Authority to subpoena witnesses[, to] and administer oaths and penalties.  The chairperson of the commission or the executive officer may issue subpoenas for the attendance of witnesses before the commission, with the same effect as if the subpoenas were issued in an action in the circuit court, and may administer oaths in all matters connected with the administration of the affairs of the commission.  Disobedience of a subpoena and false swearing before the executive officer or the commission shall be attended by the same consequences and be subject to the same penalties as if disobedience or false swearing occurred in an action in the circuit court.

     §440-8.5  Powers and duties of the commission.  In addition to any other powers and duties authorized by law, the commission shall adopt rules pursuant to chapter 91 to provide for the following:

     (1)  An appropriate method of ensuring that all financial obligations are met by a promoter who conducts, holds, or gives a [boxing] combat sports contest;

     (2)  A public record accounting for the distribution of all tickets provided to the commission by a promoter and anything else of value [which] that is provided to the commission;

     (3)  Clinics or seminars on health and safety for licensees[, as] deemed necessary by the commission;

     (4)  A mandatory neurological examination for any [boxer] combat sports contestant who is knocked out in a [boxing] combat sports contest, and an eye examination as part of a [boxer's] combat sports contestant's annual medical examination;

     (5)  An automatic medical suspension from [boxing] combat sports contests for a period of time to be determined by the commission for any [boxer] combat sports contestant who is knocked out from head blows or who has received a severe beating about the head.  The period of time of the automatic medical suspension shall be based upon the severity of the beating received by the [boxer;] combat sports contestant;

     (6)  Procedures to evaluate the professional records and physician's certification of each [boxer] combat sports contestant participating in a professional [boxing] combat sports contest in the State and to deny authorization to a [boxer] combat sports contestant to fight when the requirements of this paragraph are not met;

     (7)  Procedures to ensure that no [boxer] combat sports contestant is permitted to [box] compete while under suspension from any [boxing commission] government entity that regulates combat sports due to:

          (A)  A recent knockout or series of consecutive losses;

          (B)  An injury, any required medical procedure, or a physician's denial of certification to [box;] compete;

          (C)  Failure of any drug test; or

          (D)  The use of false aliases or falsifying or attempting to falsify official identification cards or documents relating to [boxing;] combat sports contests;

     (8)  Procedures to review a suspension if appealed by a [boxer,] combat sports contestant, including an opportunity for a [boxer] combat sports contestant to present contradictory evidence;

     (9)  Procedures to revoke a suspension if a [boxer] combat sports contestant furnishes proof of sufficiently improved medical or physical condition or furnishes proof that the suspension was not, or is no longer, warranted by the facts; and

    (10)  Establishing a [boxing] combat sports registry and the issuance of an identification card to [boxers.] combat sports contestants.

     §440-9  Jurisdiction of commission.  (a)  The commission is vested with the sole jurisdiction, direction, management, and control over all professional and amateur [boxing,] combat sports contests to be conducted, held, or given within the State.  No professional or amateur [boxing contest,] combat sports contest shall be conducted, held, or given within the State except in accordance with this chapter and the rules adopted by the commission pursuant [thereto.] to this chapter.

     (b)  No professional [boxing] combat sports contest shall take place unless the commission has approved [all] the proposed [bouts.  In addition,] combat sports contest; provided that the commission shall not allow any [professional boxing] combat sports contest unless:

     (1)  The contestants for boxing contests use gloves not less than six ounces in weight;

     (2)  The boxing contest consists of not more than twelve rounds of a duration of not more than three minutes each with an interval of one minute between each round and the succeeding round;

     (3)  Each contestant is at least eighteen years of age and is not disqualified from competing in a similar combat sports contest in another jurisdiction at the time of the combat sports contest;

     (4)  One hour [prior to] before the combat sports contest, each contestant is examined by [a licensed] at least one physician licensed under chapter 453, who shall certify in writing to the referee of the combat sports contest that the contestant is physically fit to engage therein;

     (5)  The combat sports contest is under the control of a licensed referee in the ring who has at least one year's experience in refereeing a contest involving combat sports and has passed a physical examination by a physician licensed under chapter 453, including an eye examination, within two years before the combat sports contest;

     (6)  At least thirty days before a combat sports contest, a promoter of the combat sports contest provides to the commission information and documents, as prescribed by the commission, together with a review and enforcement fee of $500, to establish that the combat sports contest is not prohibited pursuant to this chapter; provided further that if the commission determines that the combat sports contest is prohibited pursuant to this chapter, then the commission shall refund the $500 review and enforcement fee to the promoter;

    [(5)] (7)  The promoter has complied with sections 440-10 and 440-11; and

    [(6)] (8)  All participants have complied with the requirements provided in this chapter and rules adopted in accordance with chapter 91[.], including any rules or requirements that protect the safety of the contestants to the extent feasible.

     (c)  No person shall hold, promote, or participate in no rules combat or similar contests.  The commission shall enforce the prohibition on no rules combat or similar contests, and may adopt rules, in accordance with chapter 91, to enforce the prohibition.  In addition to any applicable judicial remedy, a person who violates this subsection shall be subject to the penalties, fines, and other provisions applicable to violators of this chapter.

     §440-10  Licenses[,]; promoters.  (a)  [Any individual or club] A promoter may apply to the commission for a license [to] that shall be required to conduct, hold, or give professional [boxing] combat sports contests.  The application shall be in writing, addressed to the commission, and signed by the applicant[, or if the applicant is a club, by a duly authorized officer, partner, or member thereof,] and shall include the following:

     (1)  Evidence of financial integrity in accordance with rules adopted by the commission pursuant to chapter 91; and

     (2)  Proof that the applicant [has] currently [satisfied] satisfies all of the applicable requirements of the department's business registration division.

     (b)  The application shall contain a recital of the facts as may be specified by the commission [in order] for it to determine whether [or not] the applicant possesses the necessary physical, mental, moral, and financial qualifications to entitle the applicant to a license.

     (c)  The application for a license to promote combat sports contests shall be accompanied by a fee as provided in rules adopted by the director in accordance with chapter 91.

     [(c)] (d)  The commission shall not issue any license to conduct, hold, or give [boxing] combat sports contests unless [it] the commission is satisfied that the applicant [has complied with the conditions of this chapter, possesses the necessary qualifications for a license, and is the real party in interest, and intends to conduct, hold, or give the contests or matches itself.  The commission shall not issue a promoter's license to an applicant if the applicant or any of the applicant's officers, partners, members, or associates have been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of boxing.]:

     (1)  Has complied with the conditions of this chapter;

     (2)  Possesses the necessary qualifications for a license;

     (3)  Is the real party in interest; and

     (4)  Intends to conduct, hold, or give the combat sports contest itself;

provided that the commission shall not issue a promoter's license to an applicant if the applicant or any of the applicant's officers, partners, members, or associates have been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of combat sports.

     [(d)] (e)  A license may be revoked at any time if the commission finds after a hearing that:  [the licensee is not the real party in interest or has not complied with this chapter or the rules of the commission; or the licensee or any of the licensee's officers, partners, members, or associates have been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of boxing.]

     (1)  The licensee is not the real party in interest or has not complied with this chapter or the rules of the commission; or

     (2)  The licensee or any of the licensee's officers, partners, members, or associates have been convicted of any crime related to gambling or a crime that is directly related to the person's performance in the sport of combat sports.

     [(e)] (f)  Every license shall be subject to this chapter and the rules of the commission.

     §440-11  Requirements to hold a [boxing] combat sports contest.  [(a)  The application for a license to promote professional boxing contests shall be accompanied by a fee as provided in rules adopted by the director pursuant to chapter 91.]

     [(b)] (a)  For approval to conduct, hold, or give a [boxing] combat sports contest, a promoter shall provide proof of medical insurance for [boxers] combat sports contestants in accordance with rules adopted by the commission.  All promoters shall be responsible for paying any deductible amount of the medical insurance policy.

     [(c)  Prior to] (b)  Before each [boxing] combat sports contest, a promoter shall provide a bond, in an amount determined by the commission, to adequately cover the promoter's obligations in conducting, holding, or giving a [boxing] combat sports contest.  The bond shall be executed by the promoter as principal and by a surety company authorized to do business in the State as the surety.  If the promoter fails to pay any obligations covered by the bond, any aggrieved person may file an action against the bond to recover the amount owed, in the circuit court in the circuit in which the [boxing] combat sports contest was conducted, held, or given; provided that the aggregate liability of the surety to all aggrieved persons shall not exceed the amount of the bond.  Any action against the bond shall be commenced within ninety days after the [boxing] combat sports contest was conducted, held, or given.

     [(d)  Prior to] (c)  Before any [boxing] combat sports contest, all contracts with managers, [boxers,] combat sports contestants, and venues, including any agreement of pre-contest training funds advanced to any contestant either by the promoter or manager or any party of interest, shall be submitted by the promoter to the commission for its review and approval.

     [(e)  Prior to] (d)  Before any [boxing] combat sports contest, the promoter shall submit to the commission, for its review and approval, all ring records of all [boxers] combat sports contestants scheduled to participate in the contest.

     [(f)] (e)  A promoter shall provide cashier's or certified checks made payable to each contestant for the amount due the contestant or the contestant's manager, as the case may be, in accordance with the contracts approved by the commission.

     [(g)] (f)  A promoter shall provide to the commission written confirmation that an ambulance with paramedics and appropriate security service have been obtained and will be present at all times at the venue of the [boxing] combat sports contest, and provide evidence that security personnel and resources will be present in sufficient number and force to exercise crowd control and protect spectators at the contest.

     (g)  A promoter shall provide to the commission evidence that the combat sports contest will be conducted in compliance with applicable fire codes.

     (h)  The promoter shall maintain sanitary conditions at the site of the combat sports contest.

     [(h)] (i)  Failure, refusal, or neglect of any licensed promoter to comply with this section shall result in the automatic denial to conduct, hold, or give the [boxing] combat sports contest.

     [(i)] (j)  Licensed promoters may engage in promotions with other licensed promoters as long as each promoter holds a valid, unexpired license and has received the written approval of the commission [prior to] before the promotion.

     (k)  In addition to the payment of other fees and moneys due under this chapter, for combat sports contests a licensed promoter shall pay:

     (1)  A license fee of       per cent of the first $50,000 of the total gross receipts from admission fees to a combat sports contest, exclusive of federal, state, and local taxes;

     (2)  A license fee of       per cent of the total gross receipts over $50,000 from admission fees to a combat sports contest, exclusive of federal, state, and local taxes;

     (3)        per cent of the gross sales price for the sale, lease, or other exploitation of broadcasting, television, Internet, and motion picture rights for a combat sports contest, without any deductions for commission, brokerage fee, distribution fees, advertising, contestants' purses, or any other expenses or charges, including federal, state, or local taxes; and

     (4)        per cent of the gross receipts from subscription or admission fees, exclusive of federal, state, and local taxes, charged for viewing within the State of a simultaneous telecast of a combat sports contest;

provided that payments under this subsection shall be deposited into a separate account in the compliance resolution fund and shall be used to cover the costs of the commission and regulating this chapter.

     (l)  Within seven days following a combat sports contest, the promoter shall provide the commission with an unedited video record of the combat sports contest in a format prescribed by the commission.

     [(j)] (m)  No [boxing] combat sports contest shall be commenced without the approval of the commission pursuant to this section.

     §440-12  Licenses, participants.  (a)  Any individual may apply to the commission for a license to act as a physician, referee, judge, matchmaker, manager, timekeeper, second, [or professional boxer] or combat sports contestant to participate, either directly or indirectly, in any [boxing] combat sports contest.  The application shall be in writing, addressed to the commission, and signed by the applicant.  The application shall contain a recital of facts as may be specified by the commission [in order] for it to determine whether [or not] the applicant possesses the necessary licensure and physical, mental, and moral qualifications to entitle the applicant to a license.  The commission shall adopt rules for licensure in accordance with chapter 91.

     (b)  In addition[, the] to the requirements in subsection (a), an applicant for a referee, judge, manager, or second license shall take and pass a written examination as provided by the commission.  The commission may exempt [an applicant for] a manager or second license applicant from [taking the] examination[, if] requirements; provided that the applicant holds a valid manager or second license in another jurisdiction with comparable [boxing] combat sports regulations.

     (c)  Any license to act as a physician, referee, judge, matchmaker, manager, timekeeper, second, or [professional boxer] combat sports contestant may be suspended or revoked, or the person otherwise disciplined by the commission after a contested case hearing held in accordance with chapter 91.

     §440-13  License fees.  (a)  License fees shall be paid annually to the State by every applicant to whom a license is issued to participate in the conduct of professional [boxing] combat sports in any of the capacities set forth in this chapter:  promoter, physician, referee, judge, matchmaker, manager, timekeeper, second, and [professional boxer.] combat sports contestant.  The charge for a duplicate of a license and all fees required by this chapter shall be as provided in rules adopted by the director pursuant to chapter 91 and shall be deposited with the director to the credit of the compliance resolution fund established pursuant to section 26‑9(o).

     (b)  The director may establish a schedule of license fees for participation in amateur boxing contests, and may waive payment of license fees for amateur boxing contests.

     §440-14  Licenses, limitations, renewals.  (a)  No [boxing] combat sports contest shall be conducted, held, or given unless all the parties participating, as designated herein, are licensed by the commission, and it shall be unlawful for any individual or [club] promoter to participate in a [boxing] combat sports contest in any capacity designated herein unless the person is licensed to do so.

     (b)  The commission may limit the number of licenses issued for any purpose as specified in this chapter and may limit the number of professional [boxing] combat sports contests conducted, held, or given in any [city, town, or in] county of the State.

     (c)  All licenses shall be for a period of not more than one year and all licenses shall expire on December 31 of the year in which the licenses are issued.

     (d)  The commission, at its discretion and upon application, may renew the licenses for the following year.  Failure to timely [renew] apply for renewal of any license shall result in the automatic forfeiture of the license.  Any applicant whose license has been forfeited shall file an application for a new license and meet all current requirements, including successful passage of the examination, as the case may be, for the license.

     (e)  Every individual or [club] promoter licensed under this chapter shall be subject to the rules adopted by the commission.

     §440-15  Receipts and reports thereon.  (a)  Every [individual or club] promoter holding a license to conduct, hold, or give [boxing] combat sports contests, within seventy-two hours after the determination of every [boxing] combat sports contest for which admission fees [are] were charged and received, shall furnish to the commission a written report, duly verified, showing the number of tickets sold for the contest, the amount of the gross receipts or proceeds thereof, and other matters as the commission prescribes.

     (b)  For purposes of this section, "gross receipts" include income received from the sale of print, internet, broadcasting, television, and motion picture rights.

     §440-16  Failure to report receipts.  Whenever any [individual or club] promoter holding a license to conduct, hold, or give [boxing] combat sports contests fails to make a report of any [boxing] combat sports contest at the time and in the manner [herein] prescribed[,] by this chapter, or whenever the report is unsatisfactory to the commission, the executive officer, at the [licensee's] promoter's expense, may examine, or cause to be examined, the books and records of the [individual or club.] promoter.

     §440-17  Admission tickets.  All tickets of admission to any [boxing] combat sports contest for which admission fees are charged and received shall have printed clearly upon the face [thereof] of the ticket the purchase price of [same,] the ticket, and no ticket shall be sold for more than the [price as printed thereon.] printed price.

     §440-18  Inspectors; duties.  The commission [shall] may appoint official representatives designated as inspectors, each of whom shall receive from the commission a card or badge authorizing the person to act as inspector whenever the commission may designate the person to so act.  An inspector [or], the executive officer, or a deputy commissioner shall be present at all professional [boxing] combat sports contests and see that this chapter and the rules are strictly observed and, as soon as practicable thereafter, shall mail or deliver to the commission the official box office statement received by the inspector [or], executive officer[.], or deputy commissioner.

     §440-19  Referees; duties.  (a)  At each [boxing] combat sports contest there shall be in attendance a duly licensed referee designated by the commission, who shall direct and control the contest.  Before starting the [boxing] combat sports contest, the referee shall ascertain from each contestant the name of the contestant's chief second and shall hold the chief second responsible for the conduct of the assistant seconds during the progress of the contest.

     (b)  The referee may recommend and the commission [may] in its discretion may declare the forfeiture of any prize, reward, purse, [or remuneration,] other compensation, or any part thereof, to which [the contestants or] one or both of the contestants may be entitled, or any part of the gate receipts for which the contestants are competing, if in the commission's judgment [the contestants or] one or both of the contestants are not honestly competing.

     (c)  [Every] Each referee shall warn [competing boxers] contestants of the referee's power to recommend the forfeiture of [purse or purses,] any prize, reward, purse, or other compensation should there be any apparent cause for the warning.

     (d)  In any case where the referee decides that the contestants are not honestly competing and that under the law the contestants' [purses or the purse] prize, reward, purse, or other compensation of either contestant should be forfeited, the [bout] contest shall be stopped before the end of the last round, and no decision shall be given.  A contestant earns nothing and shall not be paid for a contest in which there is stalling, faking, dishonesty, or collusion.  The commission, independently of the referee or the referee's decision, may determine the merits of any contest and take whatever action it considers proper.  In any case the executive officer or any commissioner may order the [purse] prize, reward, purse, or other compensation of the offender held up for investigation and action.

     (e)  The referee shall stop the contest when, in the referee's judgement, either of the contestants shows a marked superiority or is apparently outclassed.  The referee, at the termination of each [boxing] contest, shall render a decision[.]; provided that the commission may in its discretion appoint two judges to act with the referee in rendering a decision or three judges to act with a nonvoting referee in rendering a decision.

     [§440-20  Judges; duties.  The boxing commission may in its discretion appoint two judges to act with the referee in rendering a decision or three judges to act with a nonvoting referee in rendering a decision.]

     §440-21  Physician; duties.  Every [individual or club] promoter holding a license to conduct, hold, or give [boxing] combat sports contests shall have in attendance at every [boxing] combat sports contest at least two physicians licensed to practice medicine in the State [and duly licensed hereunder,] under chapter 453, and licensed pursuant to this chapter, who shall observe the physical condition of the contestants and advise the referee with regard thereto and, one hour before each contestant enters the ring, certify in writing as to the physical condition of the contestant to engage in the [boxing] combat sports contest.  A report of the medical examination shall be filed with the commission [not] no later than [twenty-four] forty-eight hours after the termination of the [boxing] combat sports contest.  In addition, at least one physician shall immediately examine every contestant who was knocked down or who sustained a severe beating about the head during the combat sports contest and shall file a written medical opinion within [twenty-four] forty-eight hours of the combat sports contest to the executive officer.

     §440-22  Sham [boxing] or false combat sports contest; forfeiture of license.  Any [individual or club] promoter who conducts, holds, or gives or participates in any sham [or], fake [boxing], or false combat sports contest, knowing the same to be a sham [or], fake, or false, shall forfeit the license issued in accordance with this chapter, and the license shall be canceled and declared void by the commission.  The [individual or club] promoter and any officers, partners, or members of the [club] promoter shall not thereafter be entitled to receive and shall not be given another license.

     §440-23  Sham [boxing] or false combat sports contest; penalty against contestant.  Any contestant who knowingly participates in any sham or false [boxing] combat sports contest shall be suspended by the [boxing] commission for not less than twelve months from the date of the offense from further participation in any [boxing] contest held or given under this chapter and may be permanently disqualified from further participation in any [boxing] contest held or given under this chapter.

     §440-24  Number of rounds.  The commission, with respect to any boxing contest or [with respect to any] class of contestants, may limit the number of rounds of a boxing contest within the maximum of twelve rounds for boxing contests.

     §440-25  REPEALED.

     §440-26  REPEALED.

     §440-27  Financial interest in combat sports contestant prohibited.  (a)  No commission member or staff, appointee, or [any individual or club] promoter holding a license to conduct, hold, or give [boxing] combat sports contests, nor any officer, partner, or member[,] of the promoter, may receive any compensation from any person who sanctions, arranges, or promotes professional [boxing] combat sports contests; nor shall they have, either directly or indirectly, any financial interest in any contestant competing in any [boxing] combat sports contest that they conduct, hold, or give.

     (b)  For purposes of this section, the term "compensation" shall not include funds held in escrow for payment to another person in connection with a professional [boxing] combat sports contest.  The prohibition set forth in this section shall not apply to any contract entered into, or any reasonable compensation received, by the commission to supervise a professional [boxing] combat sports contest in this State or another state.

     §440-28  Wages of contestant; prepayment prohibited.  All moneys paid to a contestant for services, as money prize, reward, compensation, or otherwise, shall be considered wages.  No contestant shall be paid for services before a [boxing] combat sports contest[,]; provided that with the approval of the commission, a promoter may advance sums of money for training purposes.

     §440-29  Limit of weight difference between contestants.  No [boxing] combat sports contest shall be allowed in which the difference in weight between the respective contestants exceeds the limits which the [boxing] commission prescribes in its rules.

     §440-30  Control and supervision of amateur boxing contest.  Amateur boxing contests may be placed by the [boxing commissioner] commission under the control and supervision of any recognized national amateur athletic association whose standing has first been approved by the commission, subject, however, to the rules as may be prescribed by the commission.

     §440-31  Persons barred as amateur contestants.  No person shall appear as a contestant in amateur boxing contests who [prior thereto] before the contests has received any compensation or monetary reward in any form for displaying, exercising, or giving any example of the person's boxing skill or for rendering services to any athletic organization or to any person or persons as a boxing trainer, coach, instructor, or otherwise, or who has been employed in any manner professionally by reason of the person's boxing skill or knowledge.

     §440-32  Amateur boxing contestants entitled to medals and trophies only.  A medal or trophy may be awarded to each contestant in an amateur boxing contest not to exceed in value the sum of $35 each.  The medal or trophy shall have engraved thereon the name of the winner and the date of the event.

     No other or additional prize, reward, or remuneration shall be given or awarded to any contestant in an amateur boxing contest unless authorized in writing by the [boxing] commission.

     Every contestant in an amateur boxing contest or sparring match shall be registered with the commission or its amateur representative and subject to an annual physical examination.  Each amateur boxing contestant shall be examined by a physician immediately before the contest.

     §440-33  Disposition of receipts.  All moneys received by the [boxing] commission shall be deposited by the director [of commerce and consumer affairs] with the director of finance to the credit of the general fund of the State.

     §440-34  Violations; penalty.  Any [individual or club] person in violation of this chapter or the rules of the commission shall be fined not more than $5,000 for each violation or imprisoned not more than one year, or both.  Each day's violation or failure to comply shall be deemed a separate offense.

     [[]§440-34.5[]]  Summary disciplinary action.  The commission may fine, withhold purse money or fees, and issue immediate temporary suspensions of not more than sixty days against a licensee for violations of this chapter or commission rules.  The commission shall notify the licensee in writing of any temporary suspension, fine, or withholding of purse money within five days of the commission's action.  The licensee shall have a right to a hearing in accordance with chapter 91; provided that the licensee notifies the commission in writing of the request for a hearing within thirty days after the commission notifies the licensee in writing, by mail or by personal service, of the commission's order.

     §440-35  [Not to apply to Army, Air Force, Navy, National Guard,] Inapplicability to active duty armed forces, armed forces reserves, national guard, or Police Activities League.  This chapter shall not apply to any [boxing] combat sports contest held as a recreational activity by [Army, Air Force, Navy, or National Guard personnel,] personnel of the active duty armed forces, armed forces reserves, national guard, or the Police Activities League, when the contest is held under the supervision of a recreational officer of the [Army, Air Force, Navy, or National Guard,] active duty armed forces, armed forces reserves, national guard, or a Police Activities League staff member.

     §440-36  Revocation; suspension; fine.  (a)  In addition to any other actions authorized by law, the commission shall have the power to revoke or suspend the license of any [individual or club] person licensed under any of the classifications designated in this chapter, or fine the licensee, or both, for any cause authorized by law, including but not limited to the following:

     (1)  Violation of any provision of this chapter or the rules adopted pursuant [thereto] to this chapter or any other law, or rule that applies to those persons licensed under this chapter;

     (2)  Manifest incapacity, professional misconduct, or unethical conduct;

     (3)  Making any false representations or promises through advertising or other dissemination of information;

     (4)  Any fraudulent, dishonest, or deceitful act in connection with the licensing of any [individual or club] promoter under this chapter or in connection with any [boxing] combat sports contest;

     (5)  Making any false or misleading statement in any application or document submitted or required to be filed under this chapter;

     (6)  Revocation or suspension of a license or other disciplinary action against the licensee by another state or [boxing commission;] government entity that regulates combat sports;

     (7)  Failure to report any disciplinary action, including medical and mandatory suspensions, or revocation or suspension of a license in another jurisdiction within fifteen days [preceding] before any [boxing match] combat sports contest in which the licensee participates; or

     (8)  Participation in any sham or false [boxing] combat sports contest.

     (b)  The manager and second may be held responsible for all violations of this chapter by a [boxer] combat sports contestant whom they manage, second, train, or serve as an agent [for] and may be subject to license revocation or suspension, or a fine, or any combination thereof, irrespective of whether any disciplinary action is taken against the [boxer.] combat sports contestant.

     [(c)  Any individual or club in violation of this chapter shall be fined not more than $5,000 for each violation.]

     [(d)] (c)  In addition to the penalties provided in this chapter, any [individual or club found] person in violation of [any of the above] this chapter may be prohibited from engaging in any [boxing] combat sports activities in the State for a period in conformity with that set forth in section 92-17.

     [[]§440-37[]]  Cumulative penalties.  Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State."

     SECTION 4.  Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The board of acupuncture, board of public accountancy, board of barbering and cosmetology, [boxing commission,] combat sports commission of Hawaii, Hawaii board of chiropractic, contractors license board, board of dentistry, board of electricians and plumbers, elevator mechanics licensing board, board of professional engineers, architects, surveyors, and landscape architects, board of massage therapy, Hawaii medical board, motor vehicle industry licensing board, motor vehicle repair industry board, board of naturopathic medicine, board of nursing, Hawaii board of optometry, pest control board, board of pharmacy, board of physical therapy, board of psychology, board of private detectives and guards, real estate commission, Hawaii board of veterinary medicine, board of speech pathology and audiology, and any board, commission, program, or entity created pursuant to or specified by statute in furtherance of the purpose of this section including but not limited to section 26H-4, or chapters 484, 514B, and 514E shall be placed within the department of commerce and consumer affairs for administrative purposes.

     The public utilities commission shall be placed, for administrative purposes only, within the department of commerce and consumer affairs.  Notwithstanding section 26-9(e), (f), (g), (h), (j), (k), (l), (m), (n), (p), (q), (r), and (s), and except as permitted by sections 269-2 and 269-3, the department of commerce and consumer affairs shall not direct or exert authority over the day-to-day operations or functions of the commission."

     SECTION 5.  Section 92-28, Hawaii Revised Statutes, is amended to read as follows:

     "§92-28  State service fees; increase or decrease of.  Any law to the contrary notwithstanding, the fees or other nontax revenues assessed or charged by any board, commission, or other governmental agency may be increased or decreased by the body in an amount not to exceed fifty per cent of the statutorily assessed fee or nontax revenue, to maintain a reasonable relation between the revenues derived from such fee or nontax revenue and the cost or value of services rendered, comparability among fees imposed by the State, or any other purpose which it may deem necessary and reasonable; provided that:

     (1)  The authority to increase or decrease fees or nontax revenues shall be subject to the approval of the governor and extend only to the following:  chapters 36, 92, 94, 142, 144, 145, 147, 150, 171, 188, 189, 231, 269, 271, 321, 338, 373, 412, 414, 414D, 415A, 417E, 419, 421, 421C, 421H, 421I, 425, 425E, 428, 431, 436E, 436H, 437, 437B, 440, [440E,] 441, 442, 443B, 444, 447, 448, 448E, 448F, 448H, 451A, 451J, 452, 453, 453D, 455, 456, 457, 457A, 457B, 457G, 458, 459, 460J, 461, 461J, 462A, 463, 463E, 464, 465, 465D, 466, 466D, 466K, 467, 467E, 468E, 468L, 468M, 469, 471, 472, 482, 482E, 484, 485A, 501, 502, 505, 514B, 514E, 572, 574, and 846 (part II) and any board, commission, program, or entity created pursuant to title 25 and assigned to the department of commerce and consumer affairs or placed within the department for administrative purposes;

     (2)  The authority to increase or decrease fees or nontax revenues under the chapters listed in paragraph (1) that are established by the department of commerce and consumer affairs shall apply to fees or nontax revenues established by statute or rule;

     (3)  The authority to increase or decrease fees or nontax revenues established by the University of Hawaii under chapter 304A shall be subject to the approval of the board of regents; provided that the board's approval of any increase or decrease in tuition for regular credit courses shall be preceded by an open public meeting held during or before the semester preceding the semester to which the tuition applies;

     (4)  This section shall not apply to judicial fees as may be set by any chapter cited in this section;

     (5)  The authority to increase or decrease fees or nontax revenues pursuant to this section shall be exempt from the public notice and public hearing requirements of chapter 91; and

     (6)  Fees for copies of proposed and final rules and public notices of proposed rulemaking actions under chapter 91 shall not exceed 10 cents a page, as required by section 91-2.5."

     SECTION 6.  Chapter 440E, Hawaii Revised Statutes, is repealed.

     SECTION 7.  In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $           or       per cent.  This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only.  The reasons for exceeding the general fund expenditure ceiling are that:

     (1)  The appropriation made in this Act is necessary to serve the public interest; and

     (2)  The appropriation made in this Act meets the needs addressed by this Act.

     SECTION 8.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2024-2025 to fund      full-time equivalent (     FTE) positions within the department of commerce and consumer affairs for the combat sports commission of Hawaii.

     The sum appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2040.


 


 

 

Report Title:

Combat Sports Commission of Hawaii; Mixed Martial Arts; Combat Sports; Contests; Framework; Expenditure Ceiling; Appropriation

 

Description:

Establishes a new regulatory framework for combat sports contests in Hawaii by renaming the existing Boxing Commission of Hawaii as the Combat Sports Commission of Hawaii, expanding the Commission's jurisdiction to include all combat sports, and repealing existing law governing mixed martial arts contests in Hawaii.  Takes effect 7/1/2040.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.