REPORT TITLE:
Combative Sports


DESCRIPTION:
Prohibits persons from holding, promoting, advancing, profiting
from, or participating in a combative sport.  Civil and criminal
penalties are provided. (HB2891 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2891
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO COMBATIVE SPORTS.



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

 1      SECTION 1.  Chapter 440D, Hawaii Revised Statutes, is
 
 2 amended by adding three new sections to be appropriately
 
 3 designated and to read as follows:
 
 4      "§440D-     Rules.  The department may adopt, amend, or
 
 5 repeal rules pursuant to chapter 91 necessary to effectuate the
 
 6 purposes of this chapter.
 
 7      §440D-      Penalties and injunctive relief.  (a)  Any
 
 8 person who violates any provision of this chapter or rules
 
 9 adopted hereunder shall be subject to a civil fine of not more
 
10 than $10,000 for each offense.  Each day's violation or failure
 
11 to comply shall be deemed a separate offense.  Procedures and
 
12 remedies otherwise applicable to unlicensed activity under
 
13 section 436B-26.5, other than the civil penalties specified under
 
14 subsection (c), shall apply to the civil penalties authorized
 
15 under this subsection.  All fines imposed under this subsection
 
16 shall be levied and collected by the department.
 
17      (b)  The department may bring proceedings to enjoin any
 
18 violation of this chapter.
 

 
Page 2                                                     2891
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (c)  Any person who knowingly promotes, advances, or profits
 
 2 from a combative sport shall be guilty of a misdemeanor.  Persons
 
 3 convicted in the previous five years of violating this subsection
 
 4 shall be guilty of a class C felony.
 
 5      §440D-      Definitions.  For purposes of this chapter:
 
 6      "Boxing" means any contest within the jurisdiction of the
 
 7 boxing commission pursuant to chapter 440 or the rules
 
 8 promulgated thereunder.
 
 9      "Combative sport" means any contest, match, exhibition, or
 
10 activity other than those that are exclusively boxing,
 
11 kickboxing, wrestling, or martial arts wherein contestants or
 
12 participants deliver, or are not forbidden by the applicable
 
13 rules thereof, from delivering kicks, punches, or blows of any
 
14 kind to the body of an opponent or opponents.
 
15      "Department" means the department of commerce and consumer
 
16 affairs.
 
17      "Kickboxing" means an activity sanctioned, promoted and
 
18 referred to as kickboxing in all contracts, rules, promotional
 
19 materials, and advertisements, and that does not involve or
 
20 permit the use of submission holds, arm locks, leg locks, chokes,
 
21 and does not involve or permit striking an opponent after the
 
22 opponent has slipped or fallen to one knee or more.
 

 
 
 
Page 3                                                     2891
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "Martial arts" means an activity that is a professional
 
 2 match or exhibition:
 
 3      (1)  Sanctioned by any of the following organizations:  U.S.
 
 4           Judo Association, U.S. Judo, Inc., U.S. Judo
 
 5           Federation, U.S. Tae Kwon Do Union, North American
 
 6           Sport Karate Association, U.S.A. Karate Foundation,
 
 7           U.S. Karate, Inc., World Karate Association,
 
 8           Professional Karate Association, Karate International,
 
 9           International Kenpo Association, or World Wide Kenpo
 
10           Association; and
 
11      (2)  In which participants must follow rules, procedures,
 
12           and techniques approved by the sanctioning
 
13           organization.
 
14      "Person" includes an individual, partnership, joint venture,
 
15 corporation, association, business, trust, or any organized group
 
16 of persons or legal entity, or any combination thereof.
 
17      "Wrestling" means any performance of wrestling skills and
 
18 techniques by two or more amateur or professional wrestlers that
 
19 does not involve or that is governed by match rules that prohibit
 
20 the following: gouging, hitting, or striking with one or more
 
21 gloved or ungloved fists, kicking, and shutting off breathing by
 
22 covering the nose and mouth at the same time.  For purposes of
 
23 this chapter, wrestling includes any performance of wrestling
 

 
Page 4                                                     2891
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 skills that simulates or stages gouging, hitting, striking,
 
 2 kicking, or shutting off breathing by covering the nose and mouth
 
 3 at the same time, but does not actually engage in the prohibited
 
 4 activity."
 
 5      SECTION 2.  Chapter 440D, Hawaii Revised Statutes, is
 
 6 amended by amending its title to read as follows:
 
 7                         "[[]CHAPTER 440D
 
 8     [NO RULES COMBAT OR SIMILAR CONTESTS]] COMBATIVE SPORTS"
 
 9      SECTION 3.  Section 440D-1, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]§440D-1[]]  [No rules combat, extreme or ultimate
 
12 fighting, or similar] Combative sport contests prohibited.(a)
 
13 No person shall hold, promote, advance, profit from, or
 
14 participate as a contestant in [no rules combat, extreme or
 
15 ultimate fighting, or similar contests.] a combative sport.
 
16      [(b) In addition to any other applicable judicial remedy, a
 
17 person who violates this section shall be subject to section
 
18 436B-26.5 and a fine of not more than $10,000 for each offense.
 
19 Each day's violation or failure to comply shall be deemed a
 
20 separate offense.  The fines shall be levied and collected by the
 
21 department.
 
22      (c)  As used in this section, "no rules combat, extreme or
 
23 ultimate fighting, or similar contest" means a match or
 
24 exhibition performed in this State, in which the contestants:
 

 
Page 5                                                     2891
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  Are permitted to use a combination of combative contact
 
 2           techniques, including punches, kicks, chokes, joint
 
 3           locks, and other maneuvers, with or without the use of
 
 4           weapons, that place contestants at an unreasonably high
 
 5           risk of bodily injury or death; and
 
 6      (2)  Have received, directly or indirectly, any money,
 
 7           prize, reward, purse, or other compensation, or promise
 
 8           thereof, for the expenses of training, for taking part
 
 9           in the contest, or for winning the contest.
 
10 The term does not include a contest involving the exclusive use
 
11 of boxing, wrestling, kickboxing, or martial arts.
 
12      (d)  In any proceeding before the department involving a
 
13 violation of this section, there shall be a rebuttable
 
14 presumption that a violation has occurred and a promoter or
 
15 contestant shall have the burden of overcoming the presumption.
 
16      (e)  For the purposes of this section, "department" means
 
17 the department of commerce and consumer affairs.]
 
18      (b)  A person profits from a combative sport when the person
 
19 accepts or receives money, property, or any other thing of value
 
20 with intent to participate in the proceeds of a combative sport,
 
21 or participates or is to participate in the proceeds of a
 
22 combative sport pursuant to an agreement or understanding with
 
23 any person.
 

 
Page 6                                                     2891
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (c)  A person advances a combative sport when, acting other
 
 2 than as a spectator, the person engages in conduct which
 
 3 materially aids any combative sport.  Such conduct includes but
 
 4 is not limited to:
 
 5      (1)  Creation, establishment, or performance of
 
 6           paraphernalia, equipment, or apparatus for the
 
 7           combative sport;
 
 8      (2)  Solicitation or inducement of persons to attend or
 
 9           participate;
 
10      (3)  Actual conduct of the combative sport;
 
11      (4)  Arrangement of any of the combative sport's financial
 
12           or promotional phases, or of any other phase of a
 
13           combative sport; or
 
14      (5)  Entering into a contract or agreement to profit from,
 
15           advance, participate in, fight, or otherwise engage in
 
16           a combative sport.
 
17 A person also advances a combative sport when, having substantial
 
18 proprietary or other authoritative control over premises being
 
19 used with the person's knowledge for purposes of a combative
 
20 sport, the person permits the combative sport to occur, continue,
 
21 or makes no effort to prevent its occurrence or continuation.
 
22      (d)  The promoter of any athletic event involving wrestling,
 
23 kickboxing, martial arts, combative sports, or any combination
 
24 thereof shall:
 

 
Page 7                                                     2891
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  Upon request by the department, provide copies of all
 
 2           rules, contracts, receipts, payment records, or
 
 3           documents relating to a planned or completed athletic
 
 4           event;
 
 5      (2)  Provide access and admittance to the event at no cost
 
 6           to the department, including but not limited to
 
 7           interviewing relevant persons, permitting the
 
 8           department to record the event on videotape or on other
 
 9           media; and
 
10      (3)  Reimburse the department for the costs of monitoring
 
11           the event, including but not limited to overtime costs,
 
12           air fare, lodging, transportation, parking, and other
 
13           expenses."
 
14      SECTION 4.  This Act does not affect rights and duties that
 
15 matured, penalties that were incurred, and proceedings that were
 
16 begun before its effective date.
 
17      SECTION 5.  If any provision of this Act, or the application
 
18 thereof to any person or circumstance is held invalid, the
 
19 invalidity does not affect other provisions or applications of
 
20 the Act which can be given effect without the invalid provision
 
21 or application, and to this end the provisions of this Act are
 
22 severable.
 

 
 
 
Page 8                                                     2891
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 6.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 7.  This Act shall take effect upon its approval.