SB 148: State Boxing Commission of Hawaii; Boxing and Combat Sports Commission of Hawaii; Combat Sports Contests; Prohibitions; Mixed Martial Arts Contests; Repeal; Appropriation
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-04-10
Current Status:
Failed
(2026-05-01: Conference committee meeting to reconvene on 05-01-26 5:30 PM; Conference Room 224.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill renames the State Boxing Commission as the Boxing and Combat Sports Commission, expands its authority to regulate combat sports, creates subcommissions for boxing and combat sports, and repeals the separate mixed martial arts program. It requires promoters, fighters, managers, referees, and venues to be licensed, mandates medical exams and insurance, limits fights (no more than five five‑minute rounds), bans “no‑rules” fights, sets fees, bonds, reporting and drug testing requirements, and gives the commission penalties and enforcement power.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Renames the State Boxing Commission of Hawaii as the Boxing and Combat Sports Commission of Hawaii. Creates a subcommission on boxing and subcommission on combat sports. Amends the jurisdiction of the Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals the existing Mixed Martial Arts Contests program. Appropriates funds. Effective 7/1/3000. (HD3)
Renames the State Boxing Commission of Hawaii as the Boxing and Combat Sports Commission of Hawaii. Amends the jurisdiction of the Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals the existing Mixed Martial Arts Contests Program. Appropriates funds. Effective 7/1/3000. (HD2)
Renames the Boxing Commission of Hawaii as the Combat Sports Commission of Hawaii. Amends the jurisdiction of the Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals chapter 440E, HRS, relating to Mixed Martial Arts Contests. Appropriates funds. Effective 7/1/3000. (HD1)
Renames the Boxing Commission of Hawaii to the Combat Sports Commission of Hawaii. Expands the jurisdiction of the Boxing Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals chapter 440E, HRS, relating to Mixed Martial Arts Contests. Appropriates funds. Effective 7/1/2050. (SD2)
Renames the Boxing Commission of Hawaii to the Combat Sports Commission of Hawaii. Expands the jurisdiction of the Boxing Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals chapter 440E, HRS, relating to Mixed Martial Arts Contests. Appropriates funds. Effective 7/1/2050. (SD1)
Establishes the Combat Sports Commission of Hawaii. Provides for regulation of combat sports. Prohibits no rules combat or similar contests. Repeals chapter 440E, HRS, relating to Mixed Martial Arts Contests. Appropriates funds.
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THE SENATE |
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148 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 3 |
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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:
(1) Rename the existing state boxing commission of Hawaii to the boxing and combat sports commission of Hawaii and expand its jurisdiction to include combat sports; and
(2) Repeal the existing mixed martial arts contests program.
SECTION 2. Chapter 440, Hawaii Revised Statutes, is amended as follows:
1. By amending its title to read:
"CHAPTER 440
BOXING AND COMBAT SPORTS CONTESTS"
2. By adding a new section to be appropriately designated and to read:
"§440-EE Definitions. As used in this chapter, unless the context requires otherwise:
"Commission" means the boxing and combat sports commission of Hawaii.
"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."
3. By designating section 440-EE as part I, and inserting a title before section 440-EE to read "General Provisions".
4. By designating sections 440-1 to 440-37 as part II, and inserting a title before section 440-1 to read "Boxing Contests".
5. By adding a new part to be appropriately designated and to read:
"Part . combat sports contests
§440-A Definitions. As used in this part:
"Amateur combat sports contest" means a combat sports contest, but in which no money prize, purse, or other form of monetary compensation is offered or given to amateur combat sports contestants.
"Amateur combat sports contestant" means a person who is trained in combat sports, competes in an amateur combat sports contest, and is at least eighteen years of age.
"Combat sports" means unarmed combat involving the use of a combination of techniques from different disciplines of martial arts, including grappling, kicking, and striking, subject to any applicable limits set forth in this part and any rules adopted to implement these limits.
"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 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.
"Licensed health care provider" includes a physician licensed to practice medicine in the State under chapter 453.
"Manager" means any person who:
(1) Undertakes or has undertaken to represent in any way the interests of any combat sports contestant in arranging, conducting, or procuring 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 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 conducts, gives, holds, or promotes a combat sports contest.
§440-B Amateur combat sports. This part, with the exception of sections 440-F(b)(5) and 440-I(c) and (e), shall apply to amateur combat sports contests.
§440-C Deputy combat sports commissioners. The director may appoint deputy combat sports commissioners after receiving the approval of the commission to do so. The director may remove deputy combat sports commissioners after consultation with the commission. The commission may direct one or more deputy combat sports commissioners to be present at any combat sports contest and, in the absence of the commission or a member of the commission, to supervise and control the combat sports contest, in accordance with this part and the rules adopted by the commission pursuant to this part. The deputy combat sports 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.
§440-D Other employees. Subject to chapter 76, the department may employ clerks, inspectors, and other employees as it deems necessary for the purposes of this part.
§440-E 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 necessary or expedient for the conduct of its business and regulation of the matters in this part committed to its charge, including:
(1) An appropriate method of ensuring that all financial obligations are met by a promoter;
(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 as 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; provided that 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 licensed health care provider'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 participate in a combat sports contest 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 licensed health care provider'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.
§440-F Jurisdiction of commission. (a) The commission shall have exclusive jurisdiction, direction, management, and control over all combat sports contests conducted, given, or held within the State. No combat sports contest shall be conducted, given, or held within the State except in accordance with this part and the rules adopted by the commission pursuant to this part.
(b) No combat sports contest shall take place unless the commission has approved the proposed combat sports contest. In addition, 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 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 licensed physician 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) Each contestant furnishes to the commission:
(A) A medical report of a medical examination completed no less than six months before the contest, including the results of human immunodeficiency virus and hepatitis testing; and
(B) Previous fight records that establish the contestant's fitness to compete in the contest;
(5) The combat sports contest is under the control of a licensed referee in the ring who has at least one year of experience in refereeing a contest involving combat sports and who has passed a physical examination by a licensed health care provider, 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, with a review and enforcement fee of $500, to establish that the combat sports contest is not prohibited under this part; provided that if the commission determines that the combat sports contest is prohibited by this part, the commission shall refund the $500 review and enforcement fee to the promoter;
(7) The promoter has complied with sections 440-H and 440-I; and
(8) All participants have complied with the requirements provided in this part and rules adopted 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, participate in, or promote 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 part.
§440-G Control and supervision of amateur combat sports contests. Amateur combat sports contests may be placed under the control and supervision of any recognized national amateur combat sports association. The director shall adopt rules pursuant to chapter 91 for the purposes of this section.
§440-H Licenses; promoters. (a) A promoter shall apply to the commission for a license to conduct, give, hold, or promote a combat sports contest. The application shall be in writing, addressed to the commission, signed by the applicant, and 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 satisfied all of the applicable requirements of the business registration division of the department.
(b) The application shall contain a recital of the facts as may be specified by the commission, for the commission to determine whether the applicant possesses the necessary financial, mental, moral, and physical qualifications to entitle the applicant to a license.
(c) The application for a license to conduct, give, hold, or 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, hold, or promote combat sports contests unless the commission is satisfied that the applicant:
(1) Has complied with the conditions of this part;
(2) Possesses the necessary qualifications for a promoter license;
(3) Is the real party in interest; and
(4) Intends to conduct, give, hold, or promote the combat sports contest itself.
The commission shall not issue a promoter 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 a person's performance in 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 part 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 a person's performance in combat sports.
(f) Every license shall be subject to this part and the rules of the commission.
§440-I Requirements to conduct, give, or hold a combat sports contest. (a) For approval to conduct, give, or hold a combat sports contest, a licensed promoter shall provide proof of medical insurance for combat sports contestants in accordance with rules adopted by the commission. A licensed promoter shall be responsible for paying any deductible amount of the medical insurance policy.
(b) Before each combat sports contest, a licensed promoter shall provide a bond, in an amount determined by the commission, to adequately cover the licensed promoter's obligations in conducting, giving, or holding a combat sports contest. The bond shall be executed by the licensed promoter as principal and by a surety company authorized to conduct business in the State as the surety. If the licensed 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 judicial 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 licensed combat sports contestants, licensed managers, and venues, including any agreement of pre-contest training funds advanced to any licensed contestant either by the licensed promoter or licensed manager or any party in interest, shall be submitted by the licensed promoter to the commission for the commission's review and approval.
(d) Before any combat sports contest, a licensed promoter shall submit to the commission, for the commission's review and approval, all ring records of all licensed combat sports contestants scheduled to participate in the combat sports contest.
(e) A licensed promoter shall provide a cashier's or certified check made payable to each licensed combat sports contestant for the amount due the licensed contestant or the licensed contestant's licensed manager, as the case may be, in accordance with the contracts approved by the commission.
(f) A licensed promoter shall provide to the commission written confirmation that an ambulance with paramedics have been obtained and will be present at all times at the venue of the combat sports contest.
(g) A licensed 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 to protect spectators at the combat sports contest.
(h) A licensed promoter shall provide to the commission evidence that the combat sports contest will be conducted in compliance with applicable fire codes.
(i) The licensed promoter shall maintain sanitary conditions at the site of the combat sports contest.
(j) Failure, refusal, or neglect of any licensed promoter to comply with this section shall result in the automatic denial to hold the combat sports contest.
(k) 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.
(l) In addition to the payment of other fees and moneys due under this part, 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, internet, motion picture, and television rights for a combat sports contest, without any deductions for advertising, brokerage fees, commissions, contestants' purses, distribution fees, 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 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 part.
(m) Within seven days following a combat sports contest, the licensed promoter shall provide the commission with an unedited video record of the combat sports contest in a format prescribed by the commission.
(n) No combat sports contest shall be commenced without the approval of the commission pursuant to this section.
§440-J Licenses; participants. (a) Any person may apply to the commission for a license to act as a combat sports contestant, health care provider, judge, manager, matchmaker, physician, referee, second, or timekeeper, or 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 the commission to determine whether the applicant possesses the necessary licensure and mental, moral, and physical qualifications to entitle the applicant to a license. The commission shall adopt rules for licensure in accordance with chapter 91.
(b) In addition to subsection (a), the applicant for a judge, manager, referee, or second license shall take and pass a written examination as provided by the commission. The commission may exempt a manager or second license applicant from examination requirements; provided that the applicant holds a valid manager or second license in another jurisdiction with comparable combat sports regulations.
(c) Any license to act as a combat sports contestant, health care provider, judge, manager, matchmaker, physician, referee, second, or timekeeper 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-K License fees. 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 described in this part, including combat sports contestant, health care provider, judge, manager, matchmaker, physician, promoter, referee, second, and timekeeper. The charge for a duplicate of a license and all fees required by this part 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.
§440-L Licenses; limitations and renewals. (a) No combat sports contest shall be conducted, given, held, or promoted unless all the parties participating, as specified in this part, are licensed by the commission. It shall be unlawful for any individual or promoter to participate in a combat sports contest in any capacity specified in this part 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 part and may limit the number of combat sports contests conducted, given, held, or promoted in any county of the State.
(c) All licenses shall be for a period of no more than one year and shall expire on December 31 of the year in which the licenses are issued.
(d) The commission, at the commission's discretion and upon application, may renew a license 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) Any person or promoter licensed under this part shall be subject to the rules adopted by the commission.
§440-M Receipts and reports. (a) Every promoter holding a license to conduct, give, hold, or promote a combat sports contest, 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 thereof, and other matters as the commission prescribes.
(b) For the purposes of this section, "gross receipts" include income received from the sale of broadcasting, internet, motion picture, print, and television rights.
§440-N Failure to report receipts. Whenever any promoter holding a license to conduct, give, hold, or promote a combat sports contest fails to make a report of any combat sports contest at the time and in the manner prescribed by this part, or whenever the report is unsatisfactory to the commission, the executive officer, at the licensed promoter's expense, may examine, or cause to be examined, the books and records of the licensed promoter.
§440-O 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.
§440-P 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 an inspector whenever the commission may designate the person to so act. An inspector, the executive officer, or a deputy combat sports commissioner shall be present at all combat sports contests to ensure that this part and the rules are strictly observed.
§440-Q Judges; duties. The commission, in the commission's discretion, may appoint two licensed judges to act with the licensed referee in rendering a decision, or three licensed judges to act with a nonvoting licensed referee in rendering a decision.
§440-R Physician; duties. Every promoter holding a license to conduct, give, hold, or promote 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 part, who shall observe the physical condition of the licensed combat sports contestants and advise the licensed referee on such physical condition and, one hour before a licensed contestant enters the ring, certify in writing as to the physical condition of the licensed contestant to engage in the combat sports contest. A report of the medical examination shall be filed with the commission no less than forty-eight hours after the termination of the combat sports contest. In addition, at least one licensed physician shall immediately examine every licensed 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.
§440-S Referees; duties. (a) At each combat sports contest there shall be in attendance a licensed referee designated by the commission, who shall direct and control the combat sports contest. The licensed referee shall render a decision for each combat sports contest, except as otherwise provided under this section.
(b) The licensed referee may recommend, and the commission may declare, the forfeiture of any prize, reward, purse, or other compensation, or any part thereof, to which one or both of the licensed contestants may be entitled, or any part of the gate receipts for which the licensed contestants are competing, if in the commission's judgment one or both of the licensed contestants are not honestly competing.
(c) Each licensed referee shall warn the licensed contestants of the referee's power to recommend the forfeiture of any prize, reward, purse, or other compensation should there be any apparent cause for the warning.
(d) In any case where the licensed referee decides that the licensed contestants are not honestly competing and that under the law the licensed contestants' prize, reward, purse, or other compensation, or the prize, reward, purse, or other compensation, of either licensed contestant should be forfeited, the combat sports contest shall be stopped before the end of the last round, and no decision shall be given. A licensed 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 licensed referee or the licensed referee's decision, may determine the merits of any combat sports contest and take whatever action it considers proper. The executive officer or any commissioner may order the prize, reward, purse, or other compensation, of the offender to be held for investigation and action.
(e) The licensed referee shall stop the combat sports contest when, in the licensed referee's judgement, either of the licensed contestants shows a marked superiority or is apparently outclassed.
§440-T Timekeeper; duties. (a) At each combat sports contest there shall be in attendance at least one timekeeper licensed pursuant to this part and designated to act as the official timekeeper of the combat sports contest.
(b) The licensed timekeeper shall keep track of the time elapsing during each round of a combat sports contest, the time intervals between each round, and time between combat sports contests. The licensed timekeeper shall keep the licensed referee aware during each combat sports contest of the time constraints of each combat sports contest.
§440-U Drug test; withholding of wages; penalty. (a) On the advice of one or more of the licensed health care providers in attendance at a combat sports contest, a post-contest drug test may be administered to any licensed contestant, at the sole expense of the licensed promoter, to determine whether the licensed contestant has consumed any illegal drugs or drugs banned by the commission.
(b) Any wages due to a licensed contestant shall be withheld by the commission until the commission, in consultation with at least two of the attending licensed health care providers, is satisfied that the licensed contestant did not have the presence of any illegal or banned drugs in the licensed contestant's person.
(c) Any licensed 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.
§440-V Sham or false contests; forfeiture of promoter license. Any licensed promoter who knowingly conducts, gives, holds, promotes, or participates in any sham or false combat sports contest shall forfeit the license issued in accordance with this part, 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 be entitled to receive, and shall not be given, another license.
§440-W Sham or false contests; penalty against contestant. Any licensed 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 part and may be permanently disqualified from further participation in any combat sports contest conducted, given, or held under this part.
§440-X Financial interest in combat sports contestants prohibited. (a) No commission member or staff, or appointee, shall receive compensation from any person who sanctions, arranges, or promotes a combat sports contest. No commission member or staff, or appointee, shall have, either directly or indirectly, any financial interest in any contestant competing in any combat sports contest.
(b) The prohibition described 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 the purposes of this section, "compensation" shall not include funds held in escrow for payment to another person in connection with a combat sports contest.
§440-Y Wages of contestants; prepayment prohibited. All moneys paid to a licensed combat sports contestant for services, as money prize, reward, compensation, or otherwise, shall be considered wages. No licensed contestant shall be paid for services before the commencement of a combat sports contest; provided that with the approval of the commission, a licensed promoter may advance sums of money for training purposes.
§440-Z Disposition of receipts. Except as otherwise provided in this part, all fees and other moneys received by the commission shall be deposited into the compliance resolution fund.
§440-AA Summary disciplinary action. The commission may fine, withhold purse money or fees, and issue immediate temporary suspensions of no more than sixty days against a licensee for any violation of this part or commission rules. The commission shall notify the licensee in writing of any temporary suspension, fine, or withholding of purse money or fees 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 shall notify 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.
§440-BB Inapplicability to active duty armed forces, armed forces reserves, national guard, or Police Activities League. This part 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 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.
§440-CC Revocation; suspension. (a) In addition to any other actions authorized by law, the commission may revoke or suspend the license of any person licensed under any of the classifications designated in this part, or fine the licensee, or both, for any cause authorized by law, including but not limited to the following:
(1) Violation of this part, or the rules adopted pursuant to this part or any other law, or any rule that applies to those persons licensed under this part;
(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 part 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 part;
(6) Revocation or suspension of a license or other disciplinary action against the licensee by another combat sports commission, or other 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 preceding any combat sports contest in which the licensee participates; or
(8) Participation in any sham or false combat sports contest.
(b) A licensed manager may be held responsible for any violations of this part by a licensed contestant whom the licensed manager manages and may be subject to license revocation or suspension, fines, or any combination thereof, irrespective of whether any disciplinary action is taken against the licensed contestant.
§440-DD Penalties. (a) Any person in violation of this part 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 part, any person in violation of this part 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."
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 and combat sports commission, 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 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 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. Section 440-1, Hawaii Revised Statutes, is amended to read as follows:
"§440-1
Definitions. As used in this
[chapter:] part:
"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.] part.
"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.
["Commission"
means the state boxing commission.
"Contest"
means match or exhibition.
"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 of any professional boxer in procuring, arranging, or conducting any professional contest in which the boxer 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 activities of the professional boxer.
"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."
SECTION 6. Section 440-2, Hawaii Revised Statutes, is amended to read as follows:
"§440-2
Commission established[.]; membership. (a)
There shall be a board which shall be known as the [state] boxing
and combat sports commission of Hawaii.
The commission shall consist of [five] nine members. The commission shall be structured into
two subcommissions of four members each, to be known as the subcommission on
boxing and the subcommission on combat sports.
The governor shall appoint the chairperson of the commission, who shall
be a member of each subcommission.
(b) The subcommission on boxing shall consist of the following members:
(1) Two members appointed by the president of the senate; and
(2) Two members appointed by the speaker of the house of representatives.
At least
one of the members shall be a member of USA Boxing, Inc. [One member shall
be designated by the governor as chairperson of the commission.], and at
least one member shall have experience in the regulation of boxing and boxing
contests.
(c) The subcommission on combat sports shall consist of the following members:
(1) Two members appointed by the president of the senate; and
(2) Two members appointed by the speaker of the house of representatives.
At least one member shall have experience in the regulation of combat sports and combat sports events."
SECTION 7. Section 440-5, Hawaii Revised Statutes, is amended to read as follows:
"§440-5
Deputy commissioners. The
director may appoint deputy boxing commissioners[; provided that the
director has] after receiving the approval of the commission [prior
to any appointment.] to do so.
The director may remove deputy commissioners after consultation with the
commission. The commission may direct
the deputy commissioner or deputy commissioners to be present at any boxing
contest and, in the absence of the commission or a member thereof, to
superintend and control the boxing contest, in accordance with this [chapter]
part and the rules adopted by the commission pursuant thereto. The deputy commissioners shall make a written
report to the executive officer in the manner and form prescribed by the
commission of the conditions prevailing at every boxing contest."
SECTION 8. Section 440-20, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 9. Section 440-23, Hawaii Revised Statutes, is amended to read as follows:
"§440-23
Sham boxing contest; penalty against contestant. Any contestant who knowingly participates in
any sham or false boxing 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]
part and may be permanently disqualified from further participation in
any boxing contest held or given under this [chapter.] part."
SECTION 10. Section 440-29, Hawaii Revised Statutes, is amended to read as follows:
"§440-29
Limit of weight difference between contestants. No boxing 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."
SECTION 11. Section 440-32, Hawaii Revised Statutes, is amended to read as follows:
"§440-32 Amateur 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 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 contestant shall be examined by a physician immediately before the contest."
SECTION 12. Section 440-33, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 13. Chapter 440E, Hawaii Revised Statutes, is repealed.
SECTION 14. Sections 440-9, 440-10, 440-13, 440-14, 440-18, 440-22, 440-34, 440-34.5, 440-35, and 440-36, Hawaii Revised Statutes, are amended by substituting the phrase "this part", or similar term, wherever the phrase "this chapter", or similar term, appears, as the context requires.
SECTION 15. 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 2026-2027 to establish and fund full-time equivalent ( FTE) positions within the department of commerce and consumer affairs for the boxing and 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 16. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 18. This Act shall take effect on July 1, 3000; provided that section 15 shall take effect on July 1, 2026.
Report Title:
State Boxing Commission of Hawaii; Boxing and Combat Sports Commission of Hawaii; Combat Sports Contests; Prohibitions; Mixed Martial Arts Contests; Repeal; Appropriation
Description:
Renames the State Boxing Commission of Hawaii as the Boxing and Combat Sports Commission of Hawaii. Creates a subcommission on boxing and subcommission on combat sports. Amends the jurisdiction of the Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals the existing Mixed Martial Arts Contests program. Appropriates funds. Effective 7/1/3000. (HD3)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
148 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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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:
(1) Rename the existing state boxing commission of Hawaii to the boxing and combat sports commission of Hawaii and expand its jurisdiction to include combat sports; and
(2) Repeal the existing mixed martial arts contests program.
SECTION 2. Chapter 440, Hawaii Revised Statutes, is amended as follows:
1. By amending its title to read:
"CHAPTER 440
BOXING AND COMBAT SPORTS CONTESTS"
2. By adding a new section to be appropriately designated and to read:
"§440-EE Definitions. As used in this chapter, unless the context requires otherwise:
"Commission" means the boxing and combat sports commission of Hawaii.
"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."
3. By designating section 440-EE as part I, and inserting a title before section 440-EE to read "General Provisions".
4. By designating sections 440-1 to 440-37 as part II, and inserting a title before section 440-1 to read "Boxing Contests".
5. By adding a new part to be appropriately designated and to read:
"Part . combat sports contests
§440-A Definitions. As used in this part:
"Amateur combat sports contest" means a combat sports contest, but in which no money prize, purse, or other form of monetary compensation is offered or given to amateur combat sports contestants.
"Amateur combat sports contestant" means a person who is trained in combat sports, competes in an amateur combat sports contest, and is at least eighteen years of age.
"Combat sports" means unarmed combat involving the use of a combination of techniques from different disciplines of martial arts, including grappling, kicking, and striking, subject to any applicable limits set forth in this part and any rules adopted to implement these limits.
"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 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.
"Licensed health care provider" includes a physician licensed to practice medicine in the State under chapter 453.
"Manager" means any person who:
(1) Undertakes or has undertaken to represent in any way the interests of any combat sports contestant in arranging, conducting, or procuring 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 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 conducts, gives, holds, or promotes a combat sports contest.
§440-B Amateur combat sports. This part, with the exception of sections 440-F(b)(5) and 440-I(c) and (e), shall apply to amateur combat sports contests.
§440-C Deputy combat sports commissioners. The director may appoint deputy combat sports commissioners after receiving the approval of the commission to do so. The director may remove deputy combat sports commissioners after consultation with the commission. The commission may direct one or more deputy combat sports commissioners to be present at any combat sports contest and, in the absence of the commission or a member of the commission, to supervise and control the combat sports contest, in accordance with this part and the rules adopted by the commission pursuant to this part. The deputy combat sports 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.
§440-D Other employees. Subject to chapter 76, the department may employ clerks, inspectors, and other employees as it deems necessary for the purposes of this part.
§440-E 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 necessary or expedient for the conduct of its business and regulation of the matters in this part committed to its charge, including:
(1) An appropriate method of ensuring that all financial obligations are met by a promoter;
(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 as 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; provided that 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 licensed health care provider'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 participate in a combat sports contest 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 licensed health care provider'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.
§440-F Jurisdiction of commission. (a) The commission shall have exclusive jurisdiction, direction, management, and control over all combat sports contests conducted, given, or held within the State. No combat sports contest shall be conducted, given, or held within the State except in accordance with this part and the rules adopted by the commission pursuant to this part.
(b) No combat sports contest shall take place unless the commission has approved the proposed combat sports contest. In addition, 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 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 licensed physician 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) Each contestant furnishes to the commission:
(A) A medical report of a medical examination completed no less than six months before the contest, including the results of human immunodeficiency virus and hepatitis testing; and
(B) Previous fight records that establish the contestant's fitness to compete in the contest;
(5) The combat sports contest is under the control of a licensed referee in the ring who has at least one year of experience in refereeing a contest involving combat sports and who has passed a physical examination by a licensed health care provider, 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, with a review and enforcement fee of $500, to establish that the combat sports contest is not prohibited under this part; provided that if the commission determines that the combat sports contest is prohibited by this part, the commission shall refund the $500 review and enforcement fee to the promoter;
(7) The promoter has complied with sections 440-H and 440-I; and
(8) All participants have complied with the requirements provided in this part and rules adopted 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, participate in, or promote 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 part.
§440-G Control and supervision of amateur combat sports contests. Amateur combat sports contests may be placed under the control and supervision of any recognized national amateur combat sports association. The director shall adopt rules pursuant to chapter 91 for the purposes of this section.
§440-H Licenses; promoters. (a) A promoter shall apply to the commission for a license to conduct, give, hold, or promote a combat sports contest. The application shall be in writing, addressed to the commission, signed by the applicant, and 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 satisfied all of the applicable requirements of the business registration division of the department.
(b) The application shall contain a recital of the facts as may be specified by the commission, for the commission to determine whether the applicant possesses the necessary financial, mental, moral, and physical qualifications to entitle the applicant to a license.
(c) The application for a license to conduct, give, hold, or 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, hold, or promote combat sports contests unless the commission is satisfied that the applicant:
(1) Has complied with the conditions of this part;
(2) Possesses the necessary qualifications for a promoter license;
(3) Is the real party in interest; and
(4) Intends to conduct, give, hold, or promote the combat sports contest itself.
The commission shall not issue a promoter 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 a person's performance in 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 part 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 a person's performance in combat sports.
(f) Every license shall be subject to this part and the rules of the commission.
§440-I Requirements to conduct, give, or hold a combat sports contest. (a) For approval to conduct, give, or hold a combat sports contest, a licensed promoter shall provide proof of medical insurance for combat sports contestants in accordance with rules adopted by the commission. A licensed promoter shall be responsible for paying any deductible amount of the medical insurance policy.
(b) Before each combat sports contest, a licensed promoter shall provide a bond, in an amount determined by the commission, to adequately cover the licensed promoter's obligations in conducting, giving, or holding a combat sports contest. The bond shall be executed by the licensed promoter as principal and by a surety company authorized to conduct business in the State as the surety. If the licensed 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 judicial 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 licensed combat sports contestants, licensed managers, and venues, including any agreement of pre-contest training funds advanced to any licensed contestant either by the licensed promoter or licensed manager or any party in interest, shall be submitted by the licensed promoter to the commission for the commission's review and approval.
(d) Before any combat sports contest, a licensed promoter shall submit to the commission, for the commission's review and approval, all ring records of all licensed combat sports contestants scheduled to participate in the combat sports contest.
(e) A licensed promoter shall provide a cashier's or certified check made payable to each licensed combat sports contestant for the amount due the licensed contestant or the licensed contestant's licensed manager, as the case may be, in accordance with the contracts approved by the commission.
(f) A licensed promoter shall provide to the commission written confirmation that an ambulance with paramedics have been obtained and will be present at all times at the venue of the combat sports contest.
(g) A licensed 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 to protect spectators at the combat sports contest.
(h) A licensed promoter shall provide to the commission evidence that the combat sports contest will be conducted in compliance with applicable fire codes.
(i) The licensed promoter shall maintain sanitary conditions at the site of the combat sports contest.
(j) Failure, refusal, or neglect of any licensed promoter to comply with this section shall result in the automatic denial to hold the combat sports contest.
(k) 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.
(l) In addition to the payment of other fees and moneys due under this part, 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, internet, motion picture, and television rights for a combat sports contest, without any deductions for advertising, brokerage fees, commissions, contestants' purses, distribution fees, 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 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 part.
(m) Within seven days following a combat sports contest, the licensed promoter shall provide the commission with an unedited video record of the combat sports contest in a format prescribed by the commission.
(n) No combat sports contest shall be commenced without the approval of the commission pursuant to this section.
§440-J Licenses; participants. (a) Any person may apply to the commission for a license to act as a combat sports contestant, health care provider, judge, manager, matchmaker, physician, referee, second, or timekeeper, or 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 the commission to determine whether the applicant possesses the necessary licensure and mental, moral, and physical qualifications to entitle the applicant to a license. The commission shall adopt rules for licensure in accordance with chapter 91.
(b) In addition to subsection (a), the applicant for a judge, manager, referee, or second license shall take and pass a written examination as provided by the commission. The commission may exempt a manager or second license applicant from examination requirements; provided that the applicant holds a valid manager or second license in another jurisdiction with comparable combat sports regulations.
(c) Any license to act as a combat sports contestant, health care provider, judge, manager, matchmaker, physician, referee, second, or timekeeper 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-K License fees. 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 described in this part, including combat sports contestant, health care provider, judge, manager, matchmaker, physician, promoter, referee, second, and timekeeper. The charge for a duplicate of a license and all fees required by this part 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.
§440-L Licenses; limitations and renewals. (a) No combat sports contest shall be conducted, given, held, or promoted unless all the parties participating, as specified in this part, are licensed by the commission. It shall be unlawful for any individual or promoter to participate in a combat sports contest in any capacity specified in this part 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 part and may limit the number of combat sports contests conducted, given, held, or promoted in any county of the State.
(c) All licenses shall be for a period of no more than one year and shall expire on December 31 of the year in which the licenses are issued.
(d) The commission, at the commission's discretion and upon application, may renew a license 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) Any person or promoter licensed under this part shall be subject to the rules adopted by the commission.
§440-M Receipts and reports. (a) Every promoter holding a license to conduct, give, hold, or promote a combat sports contest, 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 thereof, and other matters as the commission prescribes.
(b) For the purposes of this section, "gross receipts" include income received from the sale of broadcasting, internet, motion picture, print, and television rights.
§440-N Failure to report receipts. Whenever any promoter holding a license to conduct, give, hold, or promote a combat sports contest fails to make a report of any combat sports contest at the time and in the manner prescribed by this part, or whenever the report is unsatisfactory to the commission, the executive officer, at the licensed promoter's expense, may examine, or cause to be examined, the books and records of the licensed promoter.
§440-O 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.
§440-P 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 an inspector whenever the commission may designate the person to so act. An inspector, the executive officer, or a deputy combat sports commissioner shall be present at all combat sports contests to ensure that this part and the rules are strictly observed.
§440-Q Judges; duties. The commission, in the commission's discretion, may appoint two licensed judges to act with the licensed referee in rendering a decision, or three licensed judges to act with a nonvoting licensed referee in rendering a decision.
§440-R Physician; duties. Every promoter holding a license to conduct, give, hold, or promote 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 part, who shall observe the physical condition of the licensed combat sports contestants and advise the licensed referee on such physical condition and, one hour before a licensed contestant enters the ring, certify in writing as to the physical condition of the licensed contestant to engage in the combat sports contest. A report of the medical examination shall be filed with the commission no less than forty-eight hours after the termination of the combat sports contest. In addition, at least one licensed physician shall immediately examine every licensed 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.
§440-S Referees; duties. (a) At each combat sports contest there shall be in attendance a licensed referee designated by the commission, who shall direct and control the combat sports contest. The licensed referee shall render a decision for each combat sports contest, except as otherwise provided under this section.
(b) The licensed referee may recommend, and the commission may declare, the forfeiture of any prize, reward, purse, or other compensation, or any part thereof, to which one or both of the licensed contestants may be entitled, or any part of the gate receipts for which the licensed contestants are competing, if in the commission's judgment one or both of the licensed contestants are not honestly competing.
(c) Each licensed referee shall warn the licensed contestants of the referee's power to recommend the forfeiture of any prize, reward, purse, or other compensation should there be any apparent cause for the warning.
(d) In any case where the licensed referee decides that the licensed contestants are not honestly competing and that under the law the licensed contestants' prize, reward, purse, or other compensation, or the prize, reward, purse, or other compensation, of either licensed contestant should be forfeited, the combat sports contest shall be stopped before the end of the last round, and no decision shall be given. A licensed 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 licensed referee or the licensed referee's decision, may determine the merits of any combat sports contest and take whatever action it considers proper. The executive officer or any commissioner may order the prize, reward, purse, or other compensation, of the offender to be held for investigation and action.
(e) The licensed referee shall stop the combat sports contest when, in the licensed referee's judgement, either of the licensed contestants shows a marked superiority or is apparently outclassed.
§440-T Timekeeper; duties. (a) At each combat sports contest there shall be in attendance at least one timekeeper licensed pursuant to this part and designated to act as the official timekeeper of the combat sports contest.
(b) The licensed timekeeper shall keep track of the time elapsing during each round of a combat sports contest, the time intervals between each round, and time between combat sports contests. The licensed timekeeper shall keep the licensed referee aware during each combat sports contest of the time constraints of each combat sports contest.
§440-U Drug test; withholding of wages; penalty. (a) On the advice of one or more of the licensed health care providers in attendance at a combat sports contest, a post-contest drug test may be administered to any licensed contestant, at the sole expense of the licensed promoter, to determine whether the licensed contestant has consumed any illegal drugs or drugs banned by the commission.
(b) Any wages due to a licensed contestant shall be withheld by the commission until the commission, in consultation with at least two of the attending licensed health care providers, is satisfied that the licensed contestant did not have the presence of any illegal or banned drugs in the licensed contestant's person.
(c) Any licensed 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.
§440-V Sham or false contests; forfeiture of promoter license. Any licensed promoter who knowingly conducts, gives, holds, promotes, or participates in any sham or false combat sports contest shall forfeit the license issued in accordance with this part, 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 be entitled to receive, and shall not be given, another license.
§440-W Sham or false contests; penalty against contestant. Any licensed 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 part and may be permanently disqualified from further participation in any combat sports contest conducted, given, or held under this part.
§440-X Financial interest in combat sports contestants prohibited. (a) No commission member or staff, or appointee, shall receive compensation from any person who sanctions, arranges, or promotes a combat sports contest. No commission member or staff, or appointee, shall have, either directly or indirectly, any financial interest in any contestant competing in any combat sports contest.
(b) The prohibition described 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 the purposes of this section, "compensation" shall not include funds held in escrow for payment to another person in connection with a combat sports contest.
§440-Y Wages of contestants; prepayment prohibited. All moneys paid to a licensed combat sports contestant for services, as money prize, reward, compensation, or otherwise, shall be considered wages. No licensed contestant shall be paid for services before the commencement of a combat sports contest; provided that with the approval of the commission, a licensed promoter may advance sums of money for training purposes.
§440-Z Disposition of receipts. Except as otherwise provided in this part, all fees and other moneys received by the commission shall be deposited into the compliance resolution fund.
§440-AA Summary disciplinary action. The commission may fine, withhold purse money or fees, and issue immediate temporary suspensions of no more than sixty days against a licensee for any violation of this part or commission rules. The commission shall notify the licensee in writing of any temporary suspension, fine, or withholding of purse money or fees 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 shall notify 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.
§440-BB Inapplicability to active duty armed forces, armed forces reserves, national guard, or Police Activities League. This part 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 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.
§440-CC Revocation; suspension. (a) In addition to any other actions authorized by law, the commission may revoke or suspend the license of any person licensed under any of the classifications designated in this part, or fine the licensee, or both, for any cause authorized by law, including but not limited to the following:
(1) Violation of this part, or the rules adopted pursuant to this part or any other law, or any rule that applies to those persons licensed under this part;
(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 part 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 part;
(6) Revocation or suspension of a license or other disciplinary action against the licensee by another combat sports commission, or other 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 preceding any combat sports contest in which the licensee participates; or
(8) Participation in any sham or false combat sports contest.
(b) A licensed manager may be held responsible for any violations of this part by a licensed contestant whom the licensed manager manages and may be subject to license revocation or suspension, fines, or any combination thereof, irrespective of whether any disciplinary action is taken against the licensed contestant.
§440-DD Penalties. (a) Any person in violation of this part 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 part, any person in violation of this part 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."
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 and combat sports commission, 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 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 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. Section 440-1, Hawaii Revised Statutes, is amended to read as follows:
"§440-1
Definitions. As used in this
[chapter:] part:
"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.] part.
"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.
["Commission"
means the state boxing commission.
"Contest"
means match or exhibition.
"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 of any professional boxer in procuring, arranging, or conducting any professional contest in which the boxer 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 activities of the professional boxer.
"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."
SECTION 6. Section 440-2, Hawaii Revised Statutes, is amended to read as follows:
"§440-2 Commission established. There shall be a board which shall be known
as the [state] boxing and combat sports commission of
Hawaii. The commission shall consist of
[five] eight members. At
least one of the members shall be a member of USA Boxing, Inc. At least one member shall have experience
in the regulation of combat sports and combat sports events. One member shall be designated by the
governor as chairperson of the commission."
SECTION 7. Section 440-5, Hawaii Revised Statutes, is amended to read as follows:
"§440-5 Deputy commissioners. The director may appoint deputy boxing
commissioners[; provided that the director has] after receiving
the approval of the commission [prior to any appointment.] to do so. The director may remove deputy commissioners
after consultation with the commission.
The commission may direct the deputy commissioner or deputy
commissioners to be present at any boxing contest and, in the absence of the
commission or a member thereof, to superintend and control the boxing contest,
in accordance with this [chapter] part and the rules adopted by
the commission pursuant thereto. The
deputy commissioners shall make a written report to the executive officer in
the manner and form prescribed by the commission of the conditions prevailing
at every boxing contest."
SECTION 8. Section 440-20, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 9. Section 440-23, Hawaii Revised Statutes, is amended to read as follows:
"§440-23 Sham boxing contest; penalty against
contestant. Any contestant who
knowingly participates in any sham or false boxing 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] part and may be permanently disqualified
from further participation in any boxing contest held or given under this [chapter.]
part."
SECTION 10. Section 440-29, Hawaii Revised Statutes, is amended to read as follows:
"§440-29 Limit of weight difference between
contestants. No boxing 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."
SECTION 11. Section 440-32, Hawaii Revised Statutes, is amended to read as follows:
"§440-32 Amateur 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 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 contestant shall be examined by a physician immediately before the contest."
SECTION 12. Section 440-33, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 13. Chapter 440E, Hawaii Revised Statutes, is repealed.
SECTION 14. Sections 440-9, 440-10, 440-13, 440-14, 440-18, 440-22, 440-34, 440-34.5, 440-35, and 440-36, Hawaii Revised Statutes, are amended by substituting the word "this part", or similar term, wherever the phrase "this chapter", or similar term, appears, as the context requires.
SECTION 15. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish and fund full-time equivalent ( FTE) positions within the department of commerce and consumer affairs for the boxing and combat sports commission of Hawaii.
The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
SECTION 16. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 18. This Act shall take effect on July 1, 3000; provided that section 15 shall take effect on July 1, 2025.
Report Title:
State Boxing Commission of Hawaii; Boxing and Combat Sports Commission of Hawaii; Combat Sports Contests; Prohibitions; Mixed Martial Arts Contests; Repeal; Appropriation
Description:
Renames the State Boxing Commission of Hawaii as the Boxing and Combat Sports Commission of Hawaii. Amends the jurisdiction of the Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals the existing Mixed Martial Arts Contests Program. Appropriates funds. 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.
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THE SENATE |
S.B. NO. |
148 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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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:
(1) Rename the existing boxing commission of Hawaii to the combat sports commission of Hawaii and expand its jurisdiction to include combat sports and mixed martial arts; and
(2) Repeal the existing mixed martial arts program under chapter 440E, Hawaii Revised Statutes.
SECTION 2. Chapter 440, Hawaii Revised Statutes, is amended as follows:
1. By adding a new section to be appropriately designated and to read:
"§440-DD Definitions. As used in this chapter, unless the context requires otherwise:
"Commission" means the combat sports commission of Hawaii.
"Contest" means match or exhibition.
"Director" means the director of commerce and consumer affairs.
"Executive officer" means the executive officer assigned to the commission."
2. By designating section 440-DD as part I, and inserting a title before section 440-DD to read "General Provisions".
3. By designating sections 440-1 to 440-37 as part II, and inserting a title before section 440-1 to read "Boxing Contests".
4. By adding a new part to be appropriately designated and to read:
"Part . combat sports contests
§440-A Definitions. As used in this part:
"Amateur combat sports contest" means a combat sports contest in which no money, purse, or other form of monetary compensation is offered or given to contestants and the contestants are at least eighteen years of age.
"Amateur combat sports contestant" means a person who is trained in combat sports, competes in an amateur combat sports contest, and is at least eighteen years of age.
"Combat sports" means unarmed combat involving the use of a combination of techniques from different disciplines of martial arts, including grappling, kicking, and striking, subject to any applicable limits set forth in this part and any rules adopted to implement these limits.
"Combat sports contest" means a contest or exhibition in which a combat sports contestant competes with 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.
"Licensed health care provider" includes a physician licensed to practice medicine in the State under chapter 453.
"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 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.
"Promoter" means an individual, 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.
"Small combat sports contest" means a combat sport contest conducted in a venue with a capacity of less than persons.
§440-B Amateur combat sports. This part, with the exception of sections 440-F(b)(5) and 440-I(c) and (e), shall apply to amateur combat sports contests.
§440-C Deputy commissioners. The director may appoint deputy combat sports commissioners after receiving the approval of the commission to do so. 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 of the commission, to supervise and control the combat sports contest, in accordance with this part and the rules adopted by the commission pursuant to this part. 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.
§440-D Other employees. Subject to chapter 76, the department may employ clerks, inspectors, and other employees as it deems necessary for the purposes of this part.
§440-E 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 regulation of the matters in this part committed to its charge, including:
(1) An appropriate method of ensuring that all financial obligations are met by a promoter;
(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 as 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; provided that 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 licensed health care provider'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 participate in a combat sports contest 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 licensed health care provider'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.
§440-F Jurisdiction of commission. (a) The commission shall have exclusive jurisdiction, direction, management, and control over all combat sports contests conducted, held, or given within the State. No combat sports contest shall be conducted, held, or given within the State except in accordance with this part and the rules adopted by the commission pursuant to this part.
(b) No combat sports contest shall take place unless the commission has approved the proposed combat sports contest. In addition, 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 and is not disqualified from competing in a similar combat sports contest in another jurisdiction at the time of the combat sports contest;
(3) Three hours before the combat sports contest, each combat sports contestant is examined by at least one licensed health care provider 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) Each contestant furnishes to the commission:
(A) A medical report of a medical examination completed no less than six months before the contest, including the results of HIV and hepatitis testing; and
(B) Previous fight records that establish the contestant's fitness to compete in the contest;
(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 match or exhibition involving combat sports and who has passed a physical examination by a licensed health care provider, 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 under this part; provided that if the commission determines that the combat sports contest is prohibited by this part, the commission shall refund the $500 review and enforcement fee to the promoter;
(7) The promoter has complied with sections 440-H and 440-I; and
(8) All participants have complied with the requirements provided in this part 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, 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 part.
§440-G Control and supervision of amateur combat sports contests. Amateur combat sports contests may be placed under the control and supervision of any recognized national amateur combat sports association. The director shall adopt rules pursuant to chapter 91 for the purposes of this section.
§440-H Licenses; promoters. (a) A promoter shall apply to the commission for a license to conduct, hold, or give a combat sports contest. The application shall be in writing, addressed to the commission, signed by the applicant, and 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 satisfied all of the applicable requirements of the business registration division of the department.
(b) The application shall contain a recital of the facts as may be specified by the commission, for the commission 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 promote, conduct, hold, or give combat sports contests unless the commission is satisfied that the applicant:
(1) Has complied with the conditions of this part;
(2) Possesses the necessary qualifications for a license;
(3) Is the real party in interest; and
(4) Intends to promote, conduct, give, or hold the combat sports contest 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 a person's performance in 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 part 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 a person's performance in combat sports.
(f) Every license shall be subject to this part and the rules of the commission.
§440-I Requirements to hold a combat sports contest. (a) For approval to conduct, hold, or give a combat sports contest, a promoter shall provide proof of medical insurance for combat sports contestants in accordance with rules adopted by the commission. A promoter shall be responsible for paying any deductible amount of the medical 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, holding, or giving a combat sports contest. The bond shall be executed by the promoter as principal and by a surety company authorized to conduct 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, 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 combat sports contest was conducted, held, or given.
(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 in interest, shall be submitted by the promoter to the commission for the commission's review and approval.
(d) Before any combat sports contest, a promoter shall submit to the commission, for the commission's review and approval, all ring records of all combat sports contestants scheduled to participate in the combat sports contest.
(e) A promoter shall provide a cashier's or certified check 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 an ambulance with paramedics and appropriate security have been obtained and will be present at all times at the venue of the combat sports event; provided that this subsection shall not apply to small combat sports contests.
(g) 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 to protect spectators at the combat sports contest.
(h) A promoter shall provide to the commission evidence that the combat sports contest will be conducted in compliance with applicable fire codes.
(i) The promoter shall maintain sanitary conditions at the site of the combat sports contest.
(j) Failure, refusal, or neglect of any licensed promoter to comply with this section shall result in the automatic denial to hold the combat sports contest.
(k) 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.
(l) In addition to the payment of other fees and moneys due under this part, 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 commissions, brokerage fees, 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 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 part.
(m) 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.
(n) No combat sports contest shall be commenced without the approval of the commission pursuant to this section.
§440-J Licenses; participants. (a) Any person may apply to the commission for a license to act as a physician, health care provider, referee, judge, matchmaker, 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 the commission 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 in accordance with chapter 91.
(b) In addition to subsection (a), the 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 a manager or second license applicant from examination requirements; provided that the applicant holds a valid manager or second license in another jurisdiction with comparable combat sports regulations.
(c) Any license to act as a provider, health care provider, referee, judge, matchmaker, 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.
§440-K License fees. 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 described in this part, including promoter, physician, health care provider, referee, judge, matchmaker, manager, timekeeper, second, and combat sports contestant. The charge for a duplicate of a license and all fees required by this part 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.
§440-L Licenses; limitations and renewals. (a) No combat sports contest shall be conducted, held, or given unless all the parties participating, as designated herein, are licensed by the commission. It shall be unlawful for any individual or promoter to participate in a 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 part and may limit the number of combat sports contests conducted, held, or given in any county of the State.
(c) All licenses shall be for a period of no more than one year and shall expire on December 31 of the year in which the licenses are issued.
(d) The commission, at the commission's discretion and upon application, may renew a license 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) Any person or promoter licensed under this part shall be subject to the rules adopted by the commission.
§440-M Receipts and reports. (a) Every promoter holding a license to promote, conduct, hold, or give a combat sports contest, 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 thereof, and other matters as the commission prescribes.
(b) For the purposes of this section, "gross receipts" include income received from the sale of print, internet, broadcasting, television, and motion picture rights.
§440-N Failure to report receipts. Whenever any promoter holding a license to promote, conduct, hold, or give a combat sports contest fails to make a report of any combat sports contest at the time and in the manner prescribed by this part, 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.
§440-O 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.
§440-P 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 an 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 to ensure that this part and the rules are strictly observed.
§440-Q Judges; duties. The commission, in the commission's 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.
§440-R Physician; duties. Every promoter holding a license to promote, conduct, hold, or give combat sports contests shall have in attendance:
(1) At every combat sports contest except a small combat sports contest, at least two physicians who are licensed to practice medicine in the State under chapter 453, and licensed pursuant to this part; or
(2) At every small combat sports contest, at least two licensed health care providers licensed pursuant to this part who may but are not required to be physicians who are licensed to practice medicine in the State under chapter 453,
who shall observe the physical condition of the combat sports contestants and advise the referee with regard thereto and, three hours 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 not less than forty-eight hours after the termination of the combat sports contest. In addition, at least one licensed health care provider 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.
§440-S 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 this section.
(b) The referee may recommend, and the commission may declare, the forfeiture of any prize, reward, purse, or other compensation, or any part thereof, to which 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 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 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' prize, reward, purse, or other compensation, or the prize, reward, purse, or other compensation, of either contestant 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 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. The executive officer or any commissioner may order the prize, reward, purse, or other compensation, of the offender to be held 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.
§440-T Timekeeper; duties. (a) At each combat sports contest there shall be in attendance at least one timekeeper licensed pursuant to this part 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, the time intervals between each round, and time between contests. The timekeeper shall keep the referee aware during each combat sports contest of the time constraints of each combat sports contest.
§440-U Drug test; withholding of wages; penalty. (a) On the advice of one or both of the licensed health care providers in attendance at a 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 licensed health care providers, 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.
§440-V Sham or false contests; forfeiture of license. Any promoter who knowingly conducts, holds, gives, or participates in any sham or false combat sports contest shall forfeit the license issued in accordance with this part, 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 be entitled to receive, and shall not be given, another license.
§440-W Sham or false contests; penalty against contestant. Any 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 held or given under this part and may be permanently disqualified from further participation in any combat sports contest held or given under this part.
§440-X Financial interest in combat sports contestants prohibited. (a) No commission member or staff, or appointee, shall receive compensation from any person who sanctions, arranges, or promotes a combat sports contest. No commission member or staff, or appointee, shall have, either directly or indirectly, any financial interest in any contestant competing in any combat sports contest.
(b) For the purposes of this section, "compensation" shall not include funds held in escrow for payment to another person in connection with a combat sports contest. The prohibition described 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.
§440-Y Wages of contestants; prepayment prohibited. All moneys paid to a combat sports contestant for services, as money prize, reward, compensation, or otherwise, shall be considered wages. No contestant shall be paid for services before the commencement of a combat sports contest; provided that, with the approval of the commission, a promoter may advance sums of money for training purposes.
§440-Z Disposition of receipts. Except as otherwise provided in this part, all fees and other moneys received by the commission shall be deposited into the compliance resolution fund.
§440-AA Summary disciplinary action. The commission may fine, withhold purse money or fees, and issue immediate temporary suspensions of no more than sixty days against a licensee for any violation of this part 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 shall notify 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.
§440-BB Inapplicability to active duty armed forces, armed forces reserves, national guard, or Police Activities League. This part 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 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.
§440-CC 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 part, or fine the licensee, or both, for any cause authorized by law, including but not limited to the following:
(1) Violation of this part, or the rules adopted pursuant to this part or any other law, or any rule that applies to those persons licensed under this part;
(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 part 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 part;
(6) Revocation or suspension of a license or other disciplinary action against the licensee by another combat sports commission, or other 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 preceding 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 any violations of this part by a contestant whom the manager manages and may be subject to license revocation or suspension, fines, or any combination thereof, irrespective of whether any disciplinary action is taken against the contestant.
§440-DD Penalties. (a) Any person in violation of this part 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 part, any person in violation of this part 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."
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 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. Section 440-1, Hawaii Revised Statutes, is amended to read as follows:
"§440-1
Definitions. As used in this
[chapter:] part:
"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.
["Commission"
means the state boxing commission.
"Contest"
means match or exhibition.
"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 of any professional boxer in procuring, arranging, or conducting any professional contest in which the boxer 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 activities of the professional boxer.
"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."
SECTION 6. Section 440-2, Hawaii Revised Statutes, is amended to read as follows:
"§440-2 Commission established. There shall be a board which shall be known
as the [state boxing] combat sports commission of Hawaii. The commission shall consist of [five]
eight members. At least one of
the members shall be a member of USA Boxing, Inc. At least one member shall have experience
in the regulation of combat sports and combat sports events. One member shall be designated by the
governor as chairperson of the commission."
SECTION 7. Section 440-5, Hawaii Revised Statutes, is amended to read as follows:
"§440-5 Deputy commissioners. The director may appoint deputy boxing
commissioners[; provided that the director has] after receiving
the approval of the commission [prior to any appointment.] to do so. The director may remove deputy commissioners
after consultation with the commission.
The commission may direct the deputy commissioner or deputy
commissioners to be present at any boxing contest and, in the absence of the
commission or a member thereof, to superintend and control the boxing contest,
in accordance with this chapter and the rules adopted by the commission
pursuant thereto. The deputy
commissioners shall make a written report to the executive officer in the
manner and form prescribed by the commission of the conditions prevailing at
every boxing contest."
SECTION 8. Section 440-20, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 9. Section 440-23, Hawaii Revised Statutes, is amended to read as follows:
"§440-23 Sham boxing contest; penalty against
contestant. Any contestant who
knowingly participates in any sham or false boxing 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] part and may be permanently disqualified
from further participation in any boxing contest held or given under this [chapter.]
part."
SECTION 10. Section 440-29, Hawaii Revised Statutes, is amended to read as follows:
"§440-29 Limit of weight difference between
contestants. No boxing 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."
SECTION 11. Section 440-32, Hawaii Revised Statutes, is amended to read as follows:
"§440-32 Amateur 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 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 contestant shall be examined by a physician immediately before the contest."
SECTION 12. Section 440-33, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 13. Chapter 440E, Hawaii Revised Statutes, is repealed.
SECTION 14. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish and fund full-time equivalent ( FTE) positions within the department of commerce and consumer affairs for the combat sports commission of Hawaii.
The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
SECTION 15. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 17. This Act shall take effect on July 1, 3000; provided that:
(1) Sections 1 and 2 shall take effect on April 1, 2026; and
(2) Section 14 shall take effect on July 1, 2025.
Report Title:
Combat Sports Commission of Hawaii; Combat Sports Contests; Prohibitions; Mixed Martial Arts Contests; Repeal; Appropriation
Description:
Renames the Boxing Commission of Hawaii as the Combat Sports Commission of Hawaii. Amends the jurisdiction of the Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals chapter 440E, HRS, relating to Mixed Martial Arts Contests. Appropriates funds. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
148 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
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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:
(1) Rename the existing boxing commission of Hawaii to the combat sports commission of Hawaii and expand its jurisdiction to include combat sports and mixed martial arts; and
(2) Repeal the existing mixed martial arts program under chapter 440E, Hawaii Revised Statutes.
SECTION 2. Chapter 440, Hawaii Revised Statutes, is amended by designating sections 440-1 to 440-37 as part I, and inserting a title before section 440-1 to read "General Provisions".
SECTION 3. Chapter 440, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . combat sports contests
§440-A Definitions. As used in this part:
"Combat sports" means unarmed combat involving the use of a combination of techniques from different disciplines of martial arts, including grappling, kicking, and striking, subject to any applicable limits set forth in this part and any rules adopted to implement these limits.
"Combat sports contest" means a contest or exhibition in which a combat sports contestant competes with 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.
"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 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.
"Promoter" means an individual, 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-B Deputy commissioners. The director may appoint deputy combat sports commissioners; provided that the director shall have the approval of the commission before 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 part and the rules adopted by the commission pursuant to this part. 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.
§440-C Other employees. Subject to chapter 76, the department may employ clerks, inspectors, and other employees as it deems necessary for the purposes of this part.
§440-D 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 part committed to its charge, including:
(1) An appropriate method of ensuring that all financial obligations are met by a promoter who conducts, holds, or gives 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 as 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 a 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; provided that 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 the health care provider'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 participate in a combat sports contest 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 health care provider'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.
§440-E Jurisdiction of commission. (a) The commission shall have exclusive jurisdiction, direction, management, and control over all combat sports contests conducted, held, or given within the State. No combat sports contest shall be conducted, held, or given within the State except in accordance with this part and the rules adopted by the commission pursuant to this part.
(b) No combat sports contest shall take place unless the commission has approved the proposed combat sports contest. In addition, the commission shall not allow any combat sports contest unless:
(1) The combat sports contest consists of not more than five rounds of a duration of not 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 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 licensed health care provider 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 who has passed a physical examination by a licensed health care provider, 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 part; provided that if the commission determines that the combat sports contest is prohibited by this part, the commission shall refund the $500 review and enforcement fee to the promoter;
(6) The promoter has complied with sections 440-F and 440-G; and
(7) All participants have complied with the requirements provided in this part 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, 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 part.
§440-F Licenses; promoters. (a) A promoter shall apply to the commission for a license to conduct, hold, or give a combat sports contest. The application shall be in writing, addressed to the commission, 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 has satisfied 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 the commission 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, hold, or give combat sports contests unless the commission is satisfied that the applicant:
(1) Has complied with the conditions of this part;
(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.
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 a 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 part 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 a person's performance in the sport of combat sports.
(f) Every license shall be subject to this part and the rules of the commission.
§440-G Requirements to hold a combat sports contest. (a) For approval to conduct, hold, or give a combat sports contest, a promoter shall provide proof of medical insurance for combat sports contestants in accordance with rules adopted by the commission. A promoter shall be responsible for paying any deductible amount of the medical 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, holding, or giving a combat sports contest. The bond shall be executed by the promoter as principal and by a surety company authorized to conduct 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, 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 combat sports contest was conducted, held, or given.
(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 in interest, shall be submitted by the promoter to the commission for the commission's review and approval.
(d) Before any combat sports contest, a promoter shall submit to the commission, for the commission's review and approval, all ring records of all combat sports contestants scheduled to participate in the combat sports contest.
(e) A promoter shall provide a cashier's or certified check 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 to 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) The 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 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 part, 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 commissions, brokerage fees, 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 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 part.
(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.
§440-H Licenses; participants. (a) Any person may apply to the commission for a license to act as a health care provider, referee, judge, matchmaker, 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 the commission 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 in accordance with chapter 91.
(b) In addition to subsection (a), the 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 a manager or second license applicant from examination requirements; provided that the applicant holds a valid manager or second license in another jurisdiction with comparable combat sports regulations.
(c) Any license to act as a health care provider, referee, judge, matchmaker, 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.
§440-I License fees. 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 described in this part: promoter, health care provider, referee, judge, matchmaker, manager, timekeeper, second, and combat sports contestant. The charge for a duplicate of a license and all fees required by this part 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.
§440-J Licenses; limitations and renewals. (a) No combat sports contest shall be conducted, held, or given unless all the parties participating, as designated herein, are licensed by the commission. It shall be unlawful for any individual or promoter to participate in a 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 part and may limit the number of combat sports contests conducted, held, or given in any 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 the commission's discretion and upon application, may renew a license 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) Any person or promoter licensed under this part shall be subject to the rules adopted by the commission.
§440-K Receipts and reports. (a) Every promoter holding a license to conduct, hold, or give a combat sports contest, 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 thereof, and other matters as the commission prescribes.
(b) For the purposes of this section, "gross receipts" include income received from the sale of print, internet, broadcasting, television, and motion picture rights.
§440-L Failure to report receipts. Whenever any promoter holding a license to conduct, hold, or give a combat sports contest fails to make a report of any combat sports contest at the time and in the manner prescribed by this part, 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.
§440-M 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.
§440-N 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 an 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 to ensure that this part and the rules are strictly observed.
§440-O Judges; duties. The commission, in the commission's 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.
§440-P Health care provider; duties. Any promoter holding a license to conduct, hold, or give a combat sports contest shall have in attendance at every contest at least two health care providers who are licensed to provide medical and other health services in the State, and licensed pursuant to this part, who shall observe the physical condition of the combat sports contestants and advise the referee with regard thereto and, one hour before a 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 not less than forty-eight hours after the conclusion of the combat sports contest. In addition, at least one health care provider shall immediately examine every contestant who was knocked down or who sustained a severe beating about the head during the contest and file a written medical opinion within forty-eight hours of the combat sports contest to the executive officer.
§440-Q 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 440-O.
(b) The referee may recommend, and the commission may declare, the forfeiture of any prize, reward, purse, or other compensation, or any part thereof, to which 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 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 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' prize, reward, purse, or other compensation, or the prize, reward, purse, or other compensation, of either contestant 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 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. The executive officer or any commissioner may order the prize, reward, purse, or other compensation, of the offender to be held 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.
§440-R Timekeeper; duties. (a) At each combat sports contest there shall be in attendance at least one timekeeper licensed pursuant to this part 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, the time intervals between each round, and time between contests. The timekeeper shall keep the referee aware during each combat sports contest of the time constraints of each combat sports contest.
§440-S Drug test; withholding of wages; penalty. (a) On the advice of one or both of the health care providers in attendance at a 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 health care providers, 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-T Sham or false contests; forfeiture of license. Any promoter who knowingly conducts, holds, gives, or participates in any sham or false combat sports contest shall forfeit the license issued in accordance with this part, 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 be entitled to receive, and shall not be given, another license.
§440-U Sham or false contests; penalty against contestant. Any contestant who knowingly participates in any sham or false combat sports contest shall be suspended by the commission for not less than twelve months from the date of the offense from further participation in any combat sports contest held or given under this part and may be permanently disqualified from further participation in any combat sports contest held or given under this part.
§440-V Financial interest in combat sports contestants prohibited. (a) No commission member or staff, or appointee, shall receive compensation from any person who sanctions, arranges, or promotes a combat sports contest. No commission member or staff, or appointee, shall have, either directly or indirectly, any financial interest in any contestant competing in any combat sports contest.
(b) For the purposes of this section, "compensation" shall not include funds held in escrow for payment to another person in connection with a combat sports contest. The prohibition described 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.
§440-W Wages of contestants; prepayment prohibited. All moneys paid to a combat sports contestant for services, as money prize, reward, compensation, or otherwise, shall be considered wages. No contestant shall be paid for services before the commencement of a combat sports contest; provided that, with the approval of the commission, a promoter may advance sums of money for training purposes.
§440-X Disposition of receipts. Except as otherwise provided in this part, all fees and other moneys received by the commission shall be deposited into the compliance resolution fund.
§440-Y 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 any violation of this part 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 shall notify 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.
§440-Z Inapplicability to active duty armed forces, armed forces reserves, national guard, or Police Activities League. This part 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 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.
§440-AA 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 part, or fine the licensee, or both, for any cause authorized by law, including but not limited to the following:
(1) Violation of this part, or the rules adopted pursuant to this part or any other law, or any rule that applies to those persons licensed under this part;
(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 part 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 part;
(6) Revocation or suspension of a license or other disciplinary action against the licensee by another combat sports commission, or other 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 preceding 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 any violations of this part by a contestant whom the manager manages and may be subject to license revocation or suspension, fines, or any combination thereof, irrespective of whether any disciplinary action is taken against the contestant.
§440-BB Penalties. (a) Any person in violation of this part or the rules of the commission shall be fined not 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 part, any person in violation of this part 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."
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,]
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 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]
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 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. Section 440-1, Hawaii Revised Statutes, is amended by amending the definition of "commission" to read as follows:
""Commission" means the [state
boxing commission.] combat sports commission of Hawaii."
SECTION 7. Section 440-2, Hawaii Revised Statutes, is amended to read as follows:
"§440-2 Commission established. There shall be a board which shall be known
as the [state boxing] combat sports commission of Hawaii. The commission shall consist of [five]
eight members. At least one of
the members shall be a member of USA Boxing, Inc. At least one member shall have experience
in the regulation of combat sports and combat sports events. One member shall be designated by the
governor as chairperson of the commission."
SECTION 8. Section 440-20, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 9. Section 440-23, Hawaii Revised Statutes, is amended to read as follows:
"§440-23 Sham boxing contest; penalty against
contestant. Any contestant who
knowingly participates in any sham or false boxing 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] part and may be permanently disqualified
from further participation in any boxing contest held or given under this [chapter.]
part."
SECTION 10. Section 440-29, Hawaii Revised Statutes, is amended to read as follows:
"§440-29 Limit of weight difference between
contestants. No boxing 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."
SECTION 11. Section 440-32, Hawaii Revised Statutes, is amended to read as follows:
"§440-32 Amateur 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 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 contestant shall be examined by a physician immediately before the contest."
SECTION 12. Section 440-33, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 13. Chapter 440E, Hawaii Revised Statutes, is repealed.
SECTION 14. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish and fund full-time equivalent ( FTE) positions within the department of commerce and consumer affairs for the combat sports commission of Hawaii.
The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
SECTION 15. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 17. This Act shall take effect on July 1, 2050.
Report Title:
Combat Sports Commission of Hawaii; Combat Sports Contests; Prohibitions; Boxing Commission; Mixed Martial Arts Contests; Repeal; Appropriations
Description:
Renames the Boxing Commission of Hawaii to the Combat Sports Commission of Hawaii. Expands the jurisdiction of the Boxing Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals chapter 440E, HRS, relating to Mixed Martial Arts Contests. Appropriates funds. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
148 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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:
(1) Rename the existing boxing commission of Hawaii to the combat sports commission of Hawaii and expand its jurisdiction to include combat sports and mixed martial arts; and
(2) Repeal the existing mixed martial arts program under chapter 440E, Hawaii Revised Statutes.
SECTION 2. Chapter 440, Hawaii Revised Statutes, is amended by designating sections 440-1 to 440-37 as part I, and inserting a title before section 440-1 to read "General Provisions".
SECTION 3. Chapter 440, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . combat sports contests
§440-A Definitions. As used in this part:
"Combat sports" means unarmed combat involving the use of a combination of techniques from different disciplines of martial arts, including grappling, kicking, and striking, subject to any applicable limits set forth in this part and any rules adopted to implement these limits.
"Combat sports contest" means a contest or exhibition in which a combat sports contestant competes with 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.
"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 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.
"Promoter" means an individual, corporation, joint venture, partnership, limited liability corporation, limited liability partnership, or any other type of business entity that promotes,
§440-B Deputy commissioners. The director may appoint deputy combat sports commissioners; provided that the director shall have the approval of the commission before 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 part and the rules adopted by the commission pursuant to this part. 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.
§440-C Other employees. Subject to chapter 76, the department may employ clerks, inspectors, and other employees as it deems necessary for the purposes of this part.
§440-D 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 part committed to its charge, including:
(1) An appropriate method of ensuring that all financial obligations are met by a promoter who conducts, holds, or gives 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 as 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 a 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; provided that 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 the health care provider'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 participate in a combat sports contest 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 health care provider'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.
§440-E Jurisdiction of commission. (a) The commission shall have exclusive jurisdiction, direction, management, and control over all combat sports contests conducted, held, or given within the State. No combat sports contest shall be conducted, held, or given within the State except in accordance with this part and the rules adopted by the commission pursuant to this part.
(b) No combat sports contest shall take place unless the commission has approved the proposed combat sports contest. In addition, the commission shall not allow any combat sports contest unless:
(1) The combat sports contest consists of not more than five rounds of a duration of not 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 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 licensed health care provider 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 who has passed a physical examination by a licensed health care provider, 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 part; provided that if the commission determines that the combat sports contest is prohibited by this part, the commission shall refund the $500 review and enforcement fee to the promoter;
(6) The promoter has complied with sections 440-F and 440-G; and
(7) All participants have complied with the requirements provided in this part 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, 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 part.
§440-F Licenses; promoters. (a) A promoter shall apply to the commission for a license to conduct, hold, or give a combat sports contest. The application shall be in writing, addressed to the commission, 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 has satisfied 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 the commission 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, hold, or give combat sports contests unless the commission is satisfied that the applicant:
(1) Has complied with the conditions of this part;
(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.
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 a 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 part 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 a person's performance in the sport of combat sports.
(f) Every license shall be subject to this part and the rules of the commission.
§440-G Requirements to hold a combat sports contest. (a) For approval to conduct, hold, or give a combat sports contest, a promoter shall provide proof of medical insurance for combat sports contestants in accordance with rules adopted by the commission. A promoter shall be responsible for paying any deductible amount of the medical 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, holding, or giving a combat sports contest. The bond shall be executed by the promoter as principal and by a surety company authorized to conduct 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, 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 combat sports contest was conducted, held, or given.
(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 in interest, shall be submitted by the promoter to the commission for the commission's review and approval.
(d) Before any combat sports contest, a promoter shall submit to the commission, for the commission's review and approval, all ring records of all combat sports contestants scheduled to participate in the combat sports contest.
(e) A promoter shall provide a cashier's or certified check 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 to 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) The 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 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 part, 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 commissions, brokerage fees, 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 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 part.
(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.
§440-H Licenses; participants. (a) Any person may apply to the commission for a license to act as a health care provider, referee, judge, matchmaker, 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 the commission 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 in accordance with chapter 91.
(b) In addition to subsection (a), the 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 a manager or second license applicant from examination requirements; provided that the applicant holds a valid manager or second license in another jurisdiction with comparable combat sports regulations.
(c) Any license to act as a health care provider, referee, judge, matchmaker, 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.
§440-I License fees. 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 described in this part: promoter, health care provider, referee, judge, matchmaker, manager, timekeeper, second, and combat sports contestant. The charge for a duplicate of a license and all fees required by this part 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.
§440-J Licenses; limitations and renewals. (a) No combat sports contest shall be conducted, held, or given unless all the parties participating, as designated herein, are licensed by the commission. It shall be unlawful for any individual or promoter to participate in a 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 part and may limit the number of combat sports contests conducted, held, or given in any 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 the commission's discretion and upon application, may renew a license 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) Any person or promoter licensed under this part shall be subject to the rules adopted by the commission.
§440-K Receipts and reports. (a) Every promoter holding a license to conduct, hold, or give a combat sports contest, 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 thereof, and other matters as the commission prescribes.
(b) For the purposes of this section, "gross receipts" include income received from the sale of print, internet, broadcasting, television, and motion picture rights.
§440-L Failure to report receipts. Whenever any promoter holding a license to conduct, hold, or give a combat sports contest fails to make a report of any combat sports contest at the time and in the manner prescribed by this part, 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.
§440-M 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.
§440-N 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 an 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 to ensure that this part and the rules are strictly observed.
§440-O Judges; duties. The commission, in the commission's 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.
§440-P Health care provider; duties. Any promoter holding a license to conduct, hold, or give a combat sports contest shall have in attendance at every contest at least two health care providers who are licensed to provide medical and other health services in the State, and licensed pursuant to this part, who shall observe the physical condition of the combat sports contestants and advise the referee with regard thereto and, one hour before a 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 not less than forty-eight hours after the conclusion of the combat sports contest. In addition, at least one health care provider shall immediately examine every contestant who was knocked down or who sustained a severe beating about the head during the contest and file a written medical opinion within forty-eight hours of the combat sports contest to the executive officer.
§440-Q 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 440-O.
(b) The referee may recommend, and the commission may declare, the forfeiture of any prize, reward, purse, or other compensation, or any part thereof, to which 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 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 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' prize, reward, purse, or other compensation, or the prize, reward, purse, or other compensation, of either contestant 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 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. The executive officer or any commissioner may order the prize, reward, purse, or other compensation, of the offender to be held 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.
§440-R Timekeeper; duties. (a) At each combat sports contest there shall be in attendance at least one timekeeper licensed pursuant to this part 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, the time intervals between each round, and time between contests. The timekeeper shall keep the referee aware during each combat sports contest of the time constraints of each combat sports contest.
§440-S Drug test; withholding of wages; penalty. (a) On the advice of one or both of the health care providers in attendance at a 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 health care providers, 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-T Sham or false contests; forfeiture of license. Any promoter who knowingly conducts, holds, gives, or participates in any sham or false combat sports contest shall forfeit the license issued in accordance with this part, 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 be entitled to receive, and shall not be given, another license.
§440-U Sham or false contests; penalty against contestant. Any contestant who knowingly participates in any sham or false combat sports contest shall be suspended by the commission for not less than twelve months from the date of the offense from further participation in any combat sports contest held or given under this part and may be permanently disqualified from further participation in any combat sports contest held or given under this part.
§440-V Financial interest in combat sports contestants prohibited. (a) No commission member or staff, or appointee, shall receive compensation from any person who sanctions, arranges, or promotes a combat sports contest. No commission member or staff, or appointee, shall have, either directly or indirectly, any financial interest in any contestant competing in any combat sports contest.
(b) For the purposes of this section, "compensation" shall not include funds held in escrow for payment to another person in connection with a combat sports contest. The prohibition described 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.
§440-W Wages of contestants; prepayment prohibited. All moneys paid to a combat sports contestant for services, as money prize, reward, compensation, or otherwise, shall be considered wages. No contestant shall be paid for services before the commencement of a combat sports contest; provided that, with the approval of the commission, a promoter may advance sums of money for training purposes.
§440-X Disposition of receipts. Except as otherwise provided in this part, all fees and other moneys received by the commission shall be deposited into the compliance resolution fund.
§440-Y 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 any violation of this part 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 shall notify 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.
§440-Z Inapplicability to active duty armed forces, armed forces reserves, national guard, or Police Activities League. This part 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 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.
§440-AA 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 part, or fine the licensee, or both, for any cause authorized by law, including but not limited to the following:
(1) Violation of this part, or the rules adopted pursuant to this part or any other law, or any rule that applies to those persons licensed under this part;
(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 part 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 part;
(6) Revocation or suspension of a license or other disciplinary action against the licensee by another combat sports commission, or other 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 preceding 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 any violations of this part by a contestant whom the manager manages and may be subject to license revocation or suspension, fines, or any combination thereof, irrespective of whether any disciplinary action is taken against the contestant.
§440-BB Penalties. (a) Any person in violation of this part or the rules of the commission shall be fined not 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 part, any person in violation of this part 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."
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,]
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 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] 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 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. Section 440-1, Hawaii Revised Statutes, is amended by amending the definition of "commission" to read as follows:
""Commission" means the [state
boxing commission.] combat sports commission of Hawaii."
SECTION 7. Section 440-2, Hawaii Revised Statutes, is amended to read as follows:
"§440-2 Commission established. There shall be a board which shall be known
as the [state boxing] combat sports commission of Hawaii. The commission shall consist of [five]
eight members. At least one of
the members shall be a member of USA Boxing, Inc. At least one member shall have experience
in the regulation of combat sports and combat sports events. One member shall be designated by the
governor as chairperson of the commission."
SECTION 8. Section 440-20, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 9. Section 440-23, Hawaii Revised Statutes, is amended to read as follows:
"§440-23 Sham boxing contest;
penalty against contestant. Any
contestant who knowingly participates in any sham or false boxing 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] part and may be permanently
disqualified from further participation in any boxing contest held or given
under this [chapter.] part."
SECTION 10. Section 440-29, Hawaii Revised Statutes, is amended to read as follows:
"§440-29 Limit of weight
difference between contestants. No
boxing 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."
SECTION 11. Section 440-32, Hawaii Revised Statutes, is amended to read as follows:
"§440-32 Amateur 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 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 contestant shall be examined by a physician immediately before the contest."
SECTION 12. Section 440-33, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 13. Chapter 440E, Hawaii Revised Statutes, is repealed.
SECTION 14. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish and fund full-time equivalent ( FTE) positions within the department of commerce and consumer affairs for the combat sports commission of Hawaii.
The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 16. This Act shall take effect on July 1, 2050.
Report Title:
Combat Sports Commission of Hawaii; Combat Sports Contests; Prohibitions; Boxing Commission; Mixed Martial Arts Contests; Repeal; Appropriations
Description:
Renames the Boxing Commission of Hawaii to the Combat Sports Commission of Hawaii. Expands the jurisdiction of the Boxing Commission to include combat sports contests. Prohibits no rules combat or similar combat sports contests. Repeals chapter 440E, HRS, relating to Mixed Martial Arts Contests. Appropriates funds. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
148 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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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 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:
"Combat sports" means unarmed combat involving the use of a combination of techniques from different disciplines of martial arts, including grappling, kicking, and striking, subject to any applicable limits set forth in this chapter and any rules adopted to implement these limits.
"Combat sports contest" means a contest or exhibition in which a combat sports contestant competes with 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 combat sports commission of Hawaii established in section -2.
"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 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.
"Promoter" means an individual, 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.
§ -2 Commission established. There shall be established 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 have the approval of the commission before 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, holds, or gives 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, held, or given within the State except in accordance with this chapter and the 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. In addition, the commission shall not allow any combat sports contest unless:
(1) The combat sports contest consists of not more than five rounds of a duration of not 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 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 who 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 that if the commission determines that the combat sports contest is prohibited by this chapter, 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 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, 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, hold, or give 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 has currently satisfied 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 the commission 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, hold, or give 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, hold, or give the combat sports contest 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 a 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 a 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, hold, or give a combat sports contest, a promoter shall provide proof of medical insurance for 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.
(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, holding, or giving 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, 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 combat sports contest was conducted, held, or given.
(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 the commission's review and approval.
(d) Before any combat sports contest, the promoter shall submit to the commission, for the commission's review and approval, 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 to 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) The 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 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 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.
(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, 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 the commission 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 in accordance with chapter 91.
(b) In addition, the 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 a manager or second license applicant from examination requirements; provided that the applicant holds a valid manager or second license in another jurisdiction with comparable combat sports regulations.
(c) Any license to act as a physician, referee, judge, matchmaker, 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. 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, 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, 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 promoter to participate in a 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 combat sports contests conducted, held, or given in any 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 the commission's 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 and reports. (a) Every promoter holding a license to conduct, hold, or give 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 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.
§ -15 Failure to report receipts. Whenever any promoter holding a license to conduct, hold, or give 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 see that this chapter and the rules are strictly observed.
§ -18 Judges; duties. The commission, in the commission's 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, hold, or give 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 not less 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 may declare the forfeiture of any prize, reward, purse, 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 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' prize, reward, purse, or other compensation, or the prize, reward, purse, or other compensation, of either contestant 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 stalling, faking, dishonesty, or collusion. 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 prize, reward, purse, 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, the time intervals between each round, and time 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 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.
§ -23 Sham or false combat sports contest; forfeiture of license. Any promoter who knowingly conducts, holds, gives, or participates in any sham or false combat sports contest 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 not less than twelve months from the date of the offense from further participation in any contest held or given under this chapter and may be permanently disqualified from further participation in any combat sports contest held or given 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 a combat sports contest. No commission member or staff, or appointee, shall have, either directly or indirectly, any financial interest in any contestant competing in any combat sports contest.
(b) For the purposes of this section, "compensation" shall not include funds held in escrow for payment to another person in connection with a 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 combat sports contest in this State or another state.
§ -26 Wages of contestant; prepayment prohibited. All moneys paid to a combat sports contestant for services, as money prize, reward, compensation, or otherwise, 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 compliance resolution fund.
§ -28 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 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, or national guard, or the Police Activities League, when the combat sports contest is 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 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 preceding 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 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 not 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 shall be 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."
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 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to fund full-time equivalent ( FTE) positions within the department of commerce and consumer affairs for the combat sports commission of Hawaii.
The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2025; provided that sections 3 and 4 of this Act shall take effect upon the adoption of rules by the combat sports commission of Hawaii pursuant to section -7 of section 2 of this Act.
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Report Title:
Combat Sports Contests; Combat Sports Commission of Hawaii; Prohibitions; Mixed Martial Arts Contests; Repeal; Appropriations
Description:
Establishes the Combat Sports Commission of Hawaii. Provides for regulation of combat sports. Prohibits no rules combat or similar contests. Repeals chapter 440E, HRS, relating to Mixed Martial Arts Contests. Appropriates funds.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| May 1, 2026 | Conference committee meeting to reconvene on 05-01-26 5:30 PM; Conference Room 224. |
| Apr 30, 2026 | Conference committee meeting to reconvene on 05-01-26 1:30PM; CR 224. |
| Apr 29, 2026 | Conference Committee Meeting will reconvene on Thursday 04-30-26 1:30PM in conference room 224. |
| Apr 28, 2026 | Bill scheduled for Conference Committee Meeting on Wednesday, 04-29-26 1:30PM in conference room 224. |
| Apr 23, 2026 | Received notice of Senate conferees (Sen. Com. No. 739). |
| Apr 23, 2026 | Senate Conferees Appointed: Keohokalole Chair; DeCoite, Wakai, Rhoads Co-Chairs; McKelvey, Awa. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 787). |
| Apr 20, 2026 | House Conferees Appointed: Ilagan, Grandinetti, Poepoe, Hussey Co-Chairs; Tam, Gedeon. |
| Apr 16, 2026 | Received notice of disagreement (Sen. Com. No. 710). |
| Apr 16, 2026 | Senate disagrees with House amendments. |
| Apr 16, 2026 | Received from House (Hse. Com. No. 603). |
| Apr 14, 2026 | Passed Third Reading as amended in HD 3 with Representative(s) Shimizu voting aye with reservations; Representative(s) Alcos, Cochran, Garcia, Muraoka, Pierick voting no (5) and Representative(s) Quinlan excused (1). Transmitted to Senate. |
| Apr 10, 2026 | Forty-eight (48) hours notice Tuesday, 04-14-26. |
| Apr 10, 2026 | Reported from FIN (Stand. Com. Rep. No. 2137-26) as amended in HD 3, recommending passage on Third Reading. |
| Apr 8, 2026 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: Representative(s) Alcos; Noes: none; and 1 Excused: Representative(s) Hussey. |
| Apr 7, 2026 | Bill scheduled for decision making on Wednesday, 04-08-26 1:56PM in conference room 308 VIA VIDEOCONFERENCE. |
| Apr 7, 2026 | The committee(s) on FIN recommend(s) that the measure be deferred until 04-08-26. |
| Apr 2, 2026 | Bill scheduled for decision making on Tuesday, 04-07-26 10:10AM in conference room 308 VIA VIDEOCONFERENCE. |
| Apr 2, 2026 | The committee(s) on FIN recommend(s) that the measure be deferred until 04-07-26. |
| Mar 31, 2026 | Bill scheduled to be heard by FIN on Thursday, 04-02-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Mar 21, 2025 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Shimizu voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Cochran, Garrett, Kapela, Kitagawa, Ward excused (5). |
| Mar 21, 2025 | Reported from CPC/JHA (Stand. Com. Rep. No. 1498) as amended in HD 2, recommending referral to FIN. |
| Mar 18, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia; Ayes with reservations: Representative(s) Shimizu; Noes: none; and 1 Excused: Representative(s) Cochran. |
| Mar 18, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Chun, Ichiyama, Kong, Lowen, Marten; Ayes with reservations: Representative(s) Ilagan, Iwamoto; Noes: none; and 2 Excused: Representative(s) Tam, Pierick. |
| Mar 14, 2025 | Bill scheduled to be heard by CPC/JHA on Tuesday, 03-18-25 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 14, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC/JHA with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Cochran, Holt, Iwamoto, Ward excused (4). |
| Mar 14, 2025 | Reported from ECD (Stand. Com. Rep. No. 1259) as amended in HD 1, recommending passage on Second Reading and referral to CPC/JHA. |
| Mar 12, 2025 | The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Ilagan, Hussey, Tam, Templo, Todd, Matsumoto; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Holt. |
| Mar 7, 2025 | Bill scheduled to be heard by ECD on Wednesday, 03-12-25 10:00AM in House conference room 423 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to ECD, CPC/JHA, FIN, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 103) in amended form (SD 2). |
| Mar 4, 2025 | Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from WAM/JDC (Stand. Com. Rep. No. 1063) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 26, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Feb 26, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 21, 2025 | The committee(s) on WAM/JDC will hold a public decision making on 02-26-25 10:05AM; Conference Room 211 & Videoconference. |
| Feb 10, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM/JDC. |
| Feb 10, 2025 | Reported from CPN/EDT (Stand. Com. Rep. No. 166) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM/JDC. |
| Jan 29, 2025 | The committee(s) on EDT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EDT were as follows: 3 Aye(s): Senator(s) DeCoite, Wakai, Fukunaga; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Kim, Awa. |
| Jan 29, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 3 Aye(s): Senator(s) Keohokalole, Fukunaga, McKelvey; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Richards, Awa. |
| Jan 24, 2025 | The committee(s) on CPN/EDT has scheduled a public hearing on 01-29-25 9:35AM; Conference Room 229 & Videoconference. |
| Jan 17, 2025 | Referred to CPN/EDT, WAM/JDC. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 10, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Apr 14, 2026 | Third Reading | House Floor |
Passed |
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| Apr 8, 2026 | The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Finance |
Passed |
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| Mar 18, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 18, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
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| Mar 12, 2025 | The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Economic Development & Technology |
Passed |
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Feb 26, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 26, 2025 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
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| Jan 29, 2025 | The committee(s) on EDT recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Economic Development and Tourism |
Passed |
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| Jan 29, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Big Dog Fight Club | ** Support | |
| Department of Commerce and Consumer Affairs | ** Support | |
| Hawaiʻi Association of Professional Nurses | ** Support |
STAND. COM. REP. NO. 1498
Honolulu, Hawaii
, 2025
RE: S.B. No. 148
S.D. 2
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committees on Consumer Protection & Commerce and Judiciary & Hawaiian Affairs, to which was referred S.B. No. 148, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMBAT SPORTS,"
beg leave to report as follows:
Your Committees find that mixed martial arts allow for the use of striking and grappling techniques; standing and on-the-ground combat; and blend boxing, wrestling, Brazilian jiu-jitsu, Muay Thai, kickboxing, karate, judo, and other combat styles. Your Committees further find that a regulatory commission with experience in combat sports may further promote the State's ability to attract major combat sports events. This measure seeks to allow for the growth of mixed martial arts in the State through a regulatory commission.
Your Committees note that the Department of Commerce and Consumer Affairs would need time to prepare for the implementation of the new regulatory framework and the adjusted purview of the Commission. To accomplish this goal, it is intended that the final effective date of this measure should be July 1, 2026.
Your Committees have amended this measure by:
(1) Amending the name of the Combat Sports Commission of Hawaii to the Boxing and Combat Sports Commission of Hawaii to accurately reflect that the Commission's purview encompasses the regulation of both boxing and combat sports;
(2) Deleting language relating to small combat sports contests, thereby ensuring that this measure now requires:
(A) An ambulance with paramedics to be present at all combat sports contests; and
(B) Two physicians to be present at every combat sports contest;
(3) Specifying that physicians, rather than licensed health care providers, must examine combat sports contestants one hour before the contestant enters the ring and make examinations of contestants who were knocked down or sustained a severe beating about the head;
(4) Changing the effective date for all provisions except the appropriation to July 1, 3000, to encourage further discussion; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary & Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 148, S.D. 2, H.D. 1, as amended herein, and recommend that it be referred to your Committee on Finance, in the form attached hereto as S.B. No. 148, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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____________________________ SCOT Z. MATAYOSHI, Chair |
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STAND. COM. REP. NO. 1259
Honolulu, Hawaii
, 2025
RE: S.B. No. 148
S.D. 2
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Economic Development & Technology, to which was referred S.B. No. 148, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO COMBAT SPORTS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Rename the Boxing Commission of Hawaii to the Combat Sports Commission of Hawaii and expand the Commission's jurisdiction to include combat sports contests; and
(2) Repeal the chapter regulating mixed martial arts contests.
Your Committee finds that there is a need for the State to regulate a broader range of combat sports events to ensure the safety and well-being of participants. This measure addresses this need by renaming and expanding the jurisdiction of the Boxing Commission to include combat sports contests. While many of the provisions from chapter 440E, Hawaii Revised Statutes, relating to mixed martial arts contests, are included in this measure to apply to combat sports contests, certain provisions involving amateur sports contests and safety measures have been omitted. Your Committee finds that these provisions should be incorporated into this measure with required compliance by combat sports events but discretionary compliance by small combat sports events, which may not be as well equipped to accommodate more stringent requirements. Your Committee's intent is to ensure the safe conduct of combat sports events without curtailing or impeding the operation of smaller events.
Accordingly, your Committee has amended this measure by:
(1) Including amateur combat sports contests among the kinds of combat sports regulated by the Commission;
(2) Adding a definition for "small combat sports contests" and providing certain exemptions for these contests;
(3) Changing the requirement that each combat sports contestant be examined by at least one licensed health care provider from one to three hours before the combat sports contest;
(4) Requiring all contestants to furnish a medical report and previous fight records to the Commission;
(5) Allowing amateur combat sports contests to be placed under the supervision of any recognized national amateur combat sports association;
(6) Requiring promoters, except promoters of small combat sports events, to provide written confirmation that an ambulance with paramedics and appropriate security has been obtained and will be present at the venue;
(7) Requiring every promoter to have at least two licensed physicians or, for small combat sports events two licensed health care providers who need not be physicians, in attendance at every combat sports contest and requiring a pre-contest medical examination report to be filed with the Commission within forty-eight hours after the contest;
(8) Clarifying that this measure is intended to take effect on April 1, 2026;
(9) Changing the effective date to July 1, 3000, to encourage further discussion; and
(10) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Economic Development & Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 148, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 148, S.D. 2, H.D. 1, and be referred to your Committees on Consumer Protection & Commerce and Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Economic Development & Technology,
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____________________________ GREGGOR ILAGAN, Chair |
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STAND. COM. REP. NO. 1063
Honolulu, Hawaii
RE: S.B. No. 148
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Ways and Means and Judiciary, to which was referred S.B. No. 148, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMBAT SPORTS,"
beg leave to report as follows:
The purpose and intent of this measure is to establish a regulatory framework in the State for combat sports.
More specifically, this measure:
(1) Renames the Boxing Commission of Hawaii to the Combat Sports Commission of Hawaii and expands its jurisdiction to include combat sports and mixed martial arts; and
(2) Repeals the mixed martial arts program under Chapter 440E, Hawaii Revised Statutes.
Your Committees received written comments in support of this measure from two individuals.
Your Committees received written comments on this measure from the Department of Commerce and Consumer Affairs.
Your Committees find that many residents in the State have embraced combat sports, with combat sports events drawing full-capacity crowds to the Neal S. Blaisdell Arena. Your Committees further find that, to continue growing the combat sports industry in the State, the Hawaii Boxing Commission should be expanded to include combat sports.
Your Committees have amended this measure by making technical, nonsubstantive changes for purposes of clarity, consistency, and style.
As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 148, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 148, S.D. 2.
Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,
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________________________________ KARL RHOADS, Chair |
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________________________________ DONOVAN M. DELA CRUZ, Chair |
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STAND. COM. REP. NO. 166
Honolulu, Hawaii
RE: S.B. No. 148
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Commerce and Consumer Protection and Economic Development and Tourism, to which was referred S.B. No. 148 entitled:
"A BILL FOR AN ACT RELATING TO COMBAT SPORTS,"
beg leave to report as follows:
The purpose and intent of this measure is to repeal and replace the existing mixed martial arts program with a new regulatory framework under the authority of a newly established combat sports commission of Hawaii.
Your Committees received testimony in support of this measure from Hawaiʻi Association of Professional Nurses and three individuals.
Your Committees received comments on this measure from Department of the Attorney General and Department of Commerce and Consumer Affairs.
Your Committees find that the State once stood as a beacon of excellence in mixed martial arts (MMA). Over a decade ago, fourteen MMA athletes represented Hawaii, putting the State at the forefront of global representation on a per capita basis. Since then, MMA has continued to grow in popularity across the State. However, there are very few sanctioned events held in the State, which has driven a dangerous trend of "underground" and potentially unsafe practices within the MMA and combat sports community. Establishing a framework to regulate combat sports contests will help revitalize and safeguard the sport in the State and attract larger, sanctioned events like those staged by the Ultimate Fighting Championship.
Your Committees acknowledge the testimony of the Department of Commerce and Consumer Affairs expressing concerns that a separate commission would be less efficient than the current method of regulating boxing contests in the State and would significantly increase the financial burden of the licensing process for participants. Amendments to this measure are therefore necessary to address these concerns.
Your Committees further note the testimony in support of this measure requesting that dual commissioners be appointed to the Combat Sports Commission, and your Committees respectfully request that this concern be considered as this measure moves forward in the legislative process.
Accordingly, your Committees have amended this measure by:
(1) Renaming the "Boxing Commission of Hawaii" the "Combat Sports Commission of Hawaii";
(2) Creating a new part in chapter 440, Hawaii Revised Statutes, rather than a new chapter, to establish the regulations for combat sports under the Combat Sports Commission of Hawaii;
(3) Replacing "licensed physicians" with "licensed health care providers" to reflect the State's inclusive and multidisciplinary health care system;
(4) Increasing the membership of the Commission from five to eight members and requiring that at least one member have experience in the regulation of combat sports and combat sports events;
(5) Deleting language that would have made certain sections effective upon the adoption of rules by the Combat Sports Commission of Hawaii;
(6) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(7) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Economic Development and Tourism that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 148, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 148, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.
Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Economic Development and Tourism,
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________________________________ LYNN DECOITE, Chair |
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________________________________ JARRETT KEOHOKALOLE, Chair |
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Date
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Testimony PDF
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| Apr 2, 2026 | SB148_HD2_TESTIMONY_FIN_04-02-26_.PDF |
Discussed in Hearing
1MIN
Conference Committee
3MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
1MIN
House Standing Committee on Finance
14MIN
House Standing Committee on Consumer Protection & Commerce
14MIN
House Standing Committee on Judiciary & Hawaiian Affairs
12MIN
House Standing Committee on Economic Development & Technology
Bill Author
