SB148 SD1

SECTION 1. The legislature finds that Hawaii has embraced full-contact combat sports that allow the use of both striking and grappling techniques; involve both standing and on‑the‑ground; and blend boxing, wrestling, Brazilian jiu-jitsu, Muay Thai, kickboxing, karate, judo, and other styles. Combat sports events have drawn capacity crowds to the Neal S. Blaisdell Arena. The prestigious Ultimate Fighting Championship organization has never staged a show in Hawaii, but the idea has been floated many times. The legislature finds that to continue growing the combat sports industry in the State and to attract events like those staged by the Ultimate Fighting Championship, Hawaii's boxing commission should be expanded to include combat sports.

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;

(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.

THE SENATE	S.B. NO.	148
THIRTY-THIRD LEGISLATURE, 2025		S.D. 1
STATE OF HAWAII