STAND. COM. REP. NO. 1191

Honolulu, Hawaii

, 2005

RE: S.B. No. 768

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Tourism & Culture, to which was referred S.B. No. 768, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONTESTS INVOLVING NO RULES COMBAT, EXTREME OR ULTIMATE FIGHTING, AND OTHER SIMILAR COMPETITIONS,"

begs leave to report as follows:

The purpose of this bill is to improve regulation of dangerous no rules combat, extreme or ultimate fighting, and other similar competitions (No Rules Combat) by repealing the existing law prohibiting No Rules Combat and replacing it with provisions that, among other things:

(1) Prohibit No Rules Combat, except when certain conditions are met;

(2) Require a promoter of No Rules Combat to provide to the Department of Commerce and Consumer Affairs (DCCA):

(A) Information and documents to establish that a No Rules Combat match or exhibition is not prohibited; and

(B) Unedited video records of the No Rules Combat match or exhibition;

(3) Establish a fine of not more than $10,000 per offense for a person who violates the No Rules Combat or Similar Contests Law (No Rules Combat Law);

(4) Establish that the submission of false information or documents by a promoter to DCCA constitutes a violation of the No Rules Combat Law;

(5) Establish that in any proceeding involving an allegation of a violation of the No Rules Combat Law, there shall be a rebuttable presumption that a violation has occurred and a promoter or contestant shall have the burden of overcoming the presumption; and

(6) Allow DCCA to bring an action to enjoin a person from continuing any violation of the No Rules Combat Law.

DCCA supported this bill.

Your Committee has amended this bill by:

(1) Deleting the provision establishing the name of this bill as the "No Rules Combat Enforcement Act of 2005";

(2) Clarifying that No Rules Combat matches or exhibitions that are exempted from the prohibition are directed and controlled by an adult referee in the ring who has at least one year's experience in refereeing a match or exhibition involving a combination of combative techniques and who has passed a physical examination by a licensed physician, including an eye examination, within two years prior to the match or exhibition; and

(3) Making technical, nonsubstantive amendments for style, clarity, and consistency.

As affirmed by the record of votes of the members of your Committee on Tourism & Culture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 768, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 768, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Tourism & Culture,

 

____________________________

JERRY L. CHANG, Chair