Bill Text: HI SB2170 | 2024 | Regular Session | Amended

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Bill Title: Relating To Combat Sports.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Engrossed - Dead) 2024-04-11 - Received notice of disagreement (Sen. Com. No. 673). [SB2170 Detail]

Download: Hawaii-2024-SB2170-Amended.html

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THE SENATE	S.B. NO.	2170
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII		H.D. 2

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 replace the existing mixed martial arts program with a new regulatory framework under the authority of a combat sports commission of Hawaii.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

COMBAT SPORTS contestS

     §   -1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "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 martial arts, including grappling, kicking, and striking.

     "Combat sports contest" means a contest in which a combat sports contestant competes with another combat sports contestant, using combat sports, for money, prize, purse, or reward, 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 combat sports commission of Hawaii established in section    -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 interests of any combat sports contestant in procuring, arranging, or conducting any combat sports contest in which the combat sports contestant is to participate; or

     (2)  Directs or controls the combat sports activities of the 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 performed in the State in which the participants:

     (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 participants at an unreasonably high risk of bodily injury or death; and

     (2)  Have received, directly or indirectly, any money, prize, purse, or reward, 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.

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

     §   -2  Combat sports commission of Hawaii; established.  There shall be established within the department for administrative purposes only, the combat sports commission of Hawaii.  The commission shall consist of five members appointed by the governor for staggered terms as determined by the governor, pursuant to section 26-34; provided that at least one member shall have experience as a combat sports contestant and all members shall have experience in combat sports contests as a contestant or in the promotion or administration of combat sports contests.  The governor shall designate one member as chairperson of the commission.

     §   -3  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.

     §   -4  Deputy commissioners.  The director may appoint deputy commissioners; provided that the director shall obtain the approval of the commission prior to any appointment.  The director may remove deputy commissioners after consultation with the commission.  The commission may direct one or more deputy commissioners to be present at any combat sports contest and, in the absence of the commission or a member thereof, to supervise and control the combat sports contest, in accordance with this chapter and the rules adopted by the commission pursuant to this chapter.  The deputy commissioners shall submit a written report to the executive officer in the manner and form prescribed by the commission detailing the conditions prevailing at every combat sports contest.

     §   -5  Other employees.  Subject to chapter 76, the department may employ clerks, inspectors, and other employees as it deems necessary for the purposes of this chapter.

     §   -6  Authority to subpoena witnesses 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.

     §   -7  Powers and duties of the commission.  The commission shall adopt rules pursuant to chapter 91 necessary or expedient for the conduct of its business and the regulation of the matters in this chapter committed to its charge, including:

     (1)  An appropriate method of ensuring that all financial obligations are met by a promoter who conducts, gives, or holds a 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 that is provided to the commission;

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

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

     (5)  An automatic medical suspension from combat sports contests for a period of time to be determined by the commission for any 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 combat sports contestant;

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

     (7)  Procedures to ensure that no combat sports contestant shall be permitted to compete while under suspension from any 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 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 combat sports contests;

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

     (9)  Procedures to revoke a suspension if a 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 combat sports registry and the issuance of an identification card to combat sports contestants.

     §   -8  Jurisdiction of commission.  (a)  The commission is vested with the sole jurisdiction, direction, management, and control over all combat sports contests to be conducted, held, or given within the State.  No combat sports contest shall be conducted, given, or held within the State except in accordance with this chapter and rules adopted by the commission pursuant to this chapter.

     (b)  No combat sports contest shall take place unless the commission has approved the proposed combat sports contest; provided that the commission shall not allow any combat sports contest unless:

     (1)  The combat sports contest consists of no more than five rounds of a duration of no more than five minutes each with an interval of at least one minute between each round and the succeeding round;

     (2)  Each contestant is at least eighteen years of age, registered with and licensed by the commission, and is not disqualified from competing in a similar combat sports contest in another jurisdiction at the time of the combat sports contest;

     (3)  One hour before the combat sports contest, each combat sports contestant is examined by 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 in the combat sports contest;

     (4)  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 match or exhibition 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;

     (5)  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 under this chapter; provided further that if the commission determines that the combat sports contest is prohibited under this chapter, then the commission shall refund the $500 review and enforcement fee to the promoter;

     (6)  The promoter has complied with sections    -9 and    ‑10; and

     (7)  All participants have complied with the requirements provided in this chapter and rules adopted by the commission pursuant to chapter 91, including any rules or requirements that protect the safety of the contestants to the extent feasible.

     (c)  No person shall conduct, give, hold, 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 pursuant to 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.

     §   -9  Licenses; promoters.  (a)  A promoter may apply to the commission for a license that shall be required to conduct, give, or hold combat sports contests.  The application shall be in writing, addressed to the commission, and signed by the applicant, 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 currently 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 for it to determine whether 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 pursuant to chapter 91.

     (d)  The commission shall not issue any license to conduct, give, or hold combat sports contests unless the commission is satisfied that the applicant:

     (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, give, or hold 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.

     (e)  A license may be revoked at any time if the commission finds after a hearing that:

     (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.

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

     §   -10  Requirements to hold a combat sports contest.  (a)  For approval to conduct, give, or hold a combat sports contest, a promoter shall provide proof of:

     (1)  Medical insurance for combat sports contestants in accordance with rules adopted by the commission; provided that all promoters shall be responsible for paying any deductible amount of the medical insurance policy; and

     (2)  Liability insurance for combat sports audience members in accordance with rules adopted by the commission; provided that all promoters shall be responsible for paying any deductible amount of the liability insurance policy.

     (b)  Before each 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, giving, or holding a 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 combat sports contest was conducted, given, or held; 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 combat sports contest was conducted, given, or held.

     (c)  Before any combat sports contest, all contracts with managers, 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.

     (d)  Before any combat sports contest, the promoter shall submit to the commission, for its review and approval, license information and all ring records of all combat sports contestants scheduled to participate in the combat sports contest.

     (e)  A promoter shall provide cashier's or certified checks made payable to each combat sports 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.

     (f)  A promoter shall provide to the commission written confirmation that appropriate security service has been obtained and will be present at all times at the venue of the 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 combat sports 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)  A promoter shall maintain sanitary conditions at the site of the combat sports contest.

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

     (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 before the promotion.

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

     (1)  A license fee of three 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 two 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)  Two 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)  Two 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, notwithstanding section   -12, payments made in accordance with this subsection shall be deposited into the combat sports commission special fund.

     (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.

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

     §   -l1  Licenses, participants.  (a)  Any person may apply to the commission for a license to act as a physician, referee, judge, matchmaker, coach, corner person, manager, timekeeper, second, or combat sports contestant to participate, either directly or indirectly, in any 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 for it to determine whether 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 pursuant to chapter 91.

     (b)  In addition to the requirements in subsection (a), an applicant for a referee, judge, coach, corner person, manager, or second license shall be certified by the commission by passing a written examination and interview as provided by the commission.  The commission may exempt a manager or second license applicant from the examination and interview requirements; provided that the applicant holds a valid manager or second license in another jurisdiction with comparable combat sports regulations.

     (c)  All combat sports contestants shall register with and be licensed by the commission to allow the commission to track the contestant's ring record to prevent overmatching, and enforce rules, including taking disciplinary action against any contestant, coach, or any other person licensed by the commission who violates the rules.

     (d)  Any license to act as a physician, referee, judge, matchmaker, coach, corner person, manager, timekeeper, second, or 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.

     §   -12  License fees.  Except as provided in section    ‑10(k), license fees shall be paid annually to the State by every applicant to whom a license is issued to participate in the conduct of combat sports in any of the capacities set forth in this chapter:  promoter, physician, referee, judge, matchmaker, coach, corner person, manager, timekeeper, second, and 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.

     §   -13  Licenses, limitations, renewals.  (a)  No combat sports contest shall be conducted, given, or held unless all the parties participating are licensed by the commission, and it shall be unlawful for any individual or promoter to participate in a combat sports contest in any capacity 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 combat sports contests conducted, given, or held in any county of the State.

     (c)  All licenses shall be for a period of no 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 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 promoter licensed under this chapter shall be subject to the rules adopted by the commission.

     §   -14  Receipts; report receipts.  (a)  Every promoter holding a license to conduct, give, or hold combat sports contests, within seventy-two hours after the determination of every combat sports contest for which admission fees were charged and received, shall furnish to the commission a written report, duly verified, showing the number of tickets sold for the combat sports contest, the amount of the gross receipts or proceeds from the combat sports contest, 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.

     §   -15  Failure to report receipts.  Whenever any promoter holding a license to conduct, give, or hold combat sports contests fails to make a report of any combat sports contest at the time and in the manner prescribed by this chapter, or whenever the report is unsatisfactory to the commission, the executive officer, at the promoter's expense, may examine, or cause to be examined, the books and records of the promoter.

     §   -16  Admission tickets.  All tickets of admission to any combat sports contest for which admission fees are charged and received shall have printed clearly upon the face of the ticket the purchase price of the ticket, and no ticket shall be sold for more than the printed price.

     §   -17  Inspectors; duties.  The commission 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, the executive officer, or a deputy commissioner shall be present at all combat sports contests and ensure that this chapter and the rules are strictly observed.

     §   -18  Judges; duties.  The commission, in its discretion, may 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.

     §   -19  Physician; duties.  Every promoter holding a license to conduct, give, or hold combat sports contests shall have in attendance at every combat sports contest at least two physicians who are licensed to practice medicine in the State under chapter 453, and licensed pursuant to this chapter, who shall observe the physical condition of the combat sports 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 combat sports contest.  A report of the medical examination shall be filed with the commission no later than forty-eight hours after the termination of the 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 forty-eight hours of the combat sports contest to the executive officer.

     §   -20  Referees; duties.  (a)  At each combat sports contest there shall be in attendance a duly licensed referee designated by the commission, who shall direct and control the combat sports contest.  The referee shall render a decision for each combat sports contest, except as otherwise provided under section    –18.

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

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

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

     (e)  The referee shall stop the combat sports contest when, in the referee's judgement, either of the contestants shows a marked superiority or is apparently outclassed.

     §   -21  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 combat sports contest.

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

     §   -22  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 no 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.

     §   -23  Sham or false combat sports contest; forfeiture of license.  Any promoter who conducts, gives, or holds any sham or false combat sports contest, knowing the same to be a sham 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 promoter and any officers, partners, or members of the promoter shall not thereafter be entitled to receive and shall not be given another license.

     §   -24  Sham or false combat sports contest; penalty against contestant.  Any combat sports contestant who knowingly participates in any sham or false combat sports contest shall be suspended by the commission for no less than twelve months from the date of the offense from further participation in any combat sports contest conducted, given, or held under this chapter and may be permanently disqualified from further participation in any combat sports contest conducted, given, or held under this chapter.

     §   -25  Financial interest in combat sports contestant prohibited.  (a)  No commission member or staff, or appointee, may receive any compensation from any person who sanctions, arranges, or promotes combat sports contests; nor shall they have, either directly or indirectly, any financial interest in any contestant competing in any combat sports contest.

     (b)  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 combat sports contest in this State or another state.

     (c)  For purposes of this section, "compensation" does not include funds held in escrow for payment to another person in connection with a combat sports contest.

     §   -26  Wages of contestant; prepayment prohibited.  All moneys paid to a combat sports contestant for services, as money, prize, purse, reward, or other compensation, shall be considered wages.  No contestant shall be paid for services before a combat sports contest; provided that with the approval of the commission, a promoter may advance sums of money for training purposes.

     §   -27  Disposition of receipts.  Except as otherwise provided for in this chapter, all fees and other moneys received by the commission shall be deposited into the combat sports commission special fund.

     §   -28  Summary disciplinary action.  The commission may fine, withhold money, prize, purse, or reward, or other compensation, and issue immediate temporary suspensions of no 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 money, prize, purse, or reward, or other compensation, 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 personal service, of the commission's order.

     §   -29  Inapplicability to active duty armed forces, armed forces reserves, national guard, or Police Activities League.  This chapter shall not apply to any combat sports contest held as a recreational activity by personnel of the active duty armed forces, armed forces reserves, national guard, or the Police Activities League, when the combat sports contest is conducted, given, or held under the supervision of a recreational officer of the active duty armed forces, armed forces reserves, national guard, or Police Activities League staff member.

     §   -30  Revocation; suspension.  (a)  In addition to any other actions authorized by law, the commission shall have the power to revoke or suspend the license of any 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 to this chapter or any other law, or any 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 promoter under this chapter or in connection with any 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 combat sports commission or similar commission;

     (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 before any combat sports contest in which the licensee participates; or

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

     (b)  A manager may be held responsible for all violations of this chapter or rules adopted in accordance with this chapter by a combat sports contestant whom the manager manages 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 combat sports contestant.

     §   -31  Penalties.  (a)  Any person in violation of this chapter or the rules of the commission shall be fined no more than $5,000 for each violation.  Each day's violation or failure to comply shall be deemed a separate offense.

     (b)  In addition to the penalties provided in this chapter, any person in violation of this chapter may be prohibited from engaging in any combat sports activities in the State for a period in conformity with that set forth in section 92-17.

     §   -32  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.

     §   -33  Injunctive relief.  The commission, in addition to any other remedies available, may bring an action in any court of this 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.

     §   -34  Combat sports commission special fund; established.  (a)  There is established in the state treasury the combat sports commission special fund to be administered by the commission, into which shall be deposited:

     (1)  Fees, penalties, fines, and other moneys collected pursuant to this chapter, except for the license fees to be collected and deposited into the compliance resolution fund pursuant to section    -12;

     (2)  Appropriations made by the legislature to the special fund; and

     (3)  Any interest earned on the balance of the special fund.

     (b)  Moneys in the combat sports commission special fund shall be expended, subject to the approval of the commission, for the purposes of:

     (1)  Compensating the commissioners and inspectors; and

     (2)  Administrative costs of the commission, including costs to enforce this chapter and rules adopted pursuant to this chapter."

     SECTION 3.  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, Hawaii board of chiropractic, combat sports commission of Hawaii, 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 4.  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] the fee or nontax revenue and the cost or value of services rendered, comparability among fees imposed by the State, or any other purpose [which] that 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     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 5.  Chapter 440E, Hawaii Revised Statutes, is repealed.

     SECTION 6.  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 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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 3000.

 

 

Report Title:

Combat Sports Commission of Hawaii; Combat Sports; Contests; Framework; Appropriation; Expenditure Ceiling

 

Description:

Establishes a new regulatory framework for combat sports contests in Hawaii by establishing the Combat Sports Commission of Hawaii and repealing existing law governing mixed martial arts contests in Hawaii.  Effective 7/1/3000.  (HD2)

 

 

 

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