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THE SENATE |
S.B. NO. |
2170 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COMBAT SPORTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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.