STAND. COM. REP. NO.  1255

 

Honolulu, Hawaii

                , 2007

 

RE:   S.B. No. 1712

      S.D. 2

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Sir:

 

     Your Committee on Tourism & Culture, to which was referred S.B. No. 1712, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO MIXED MARTIAL ARTS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to protect the health and safety of those participating in mixed martial arts contests by:

 

     (1)  Establishing a regulatory program that gives the Director of the Department of Commerce and Consumer Affairs (DCCA) jurisdiction over mixed martial arts contests held in the state; and

 

     (2)  Prohibiting no rules combat, extreme or ultimate fighting, or similar contests.

 

     The Auditor supported this bill.  DCCA supported this bill with amendments.

 

     Your Committee has amended this measure by, among other things:

 

     (1)  Defining "mixed martial arts event" or "events" to mean one or more mixed martial arts contests held at the same location on the same date;

 

     (2)  Replacing references to "mixed martial arts contests" or "contests" with "mixed martial arts events" or "events" where appropriate;

 

     (3)  Narrowing the definition of "mixed martial arts contest" or "contest" by specifying that the term does not include an amateur mixed martial arts contest;

 

     (4)  Clarifying that the Director of DCCA may adopt rules pertaining to:

 

          (A)  Criteria for a mandatory neurological and eye examination of any mixed martial arts contestant; and

 

          (B)  Criteria for, and duration of, an automatic medical suspension from mixed martial arts contests;

 

     (5)  Authorizing, instead of requiring, the Director of DCCA to either establish a mixed martial arts registry or data bank or use an established registry or databank approved by the Director, and issue license cards to mixed martial arts contestants;

 

     (6)  Specifying that the medical report of a medical examination required from each mixed martial arts contestant prior to a mixed martial arts contest be at the sole expense of the promoter;

 

     (7)  Prohibiting the issuance of a promoter's license to an applicant if the applicant's directors have been convicted of any gambling-related crime or a crime directly related to the sport of mixed martial arts;

 

     (8)  Broadening the definition of "no rules combat, extreme or ultimate fighting, or similar contest" by making the definition applicable to contestants who do not receive money or other compensation;

 

     (9)  Clarifying that an applicant for a referee, judge, manager, or second license shall take and pass an examination or evaluation as provided by the Director of DCCA;

 

     (10) Removing the requirement that the examination required of an applicant for a referee, judge, manager, or second license be written;

 

     (11) Specifying that the Director of DCCA may exempt an applicant for a referee or judge license from taking the examination or evaluation if the applicant holds a valid, comparable license in another jurisdiction;

 

     (12) Changing the expiration date of licenses to June 30 of each odd-numbered year;

 

     (13) Clarifying that whenever any licensed promoter fails to comply with the requirements of the Mixed Martial Arts Contests Law, the Director of DCCA may examine the books and records of the promoter;

 

     (14) Extending the requirement for a mandatory medical examination following a knockdown or severe injury to any other reason as provided by rule;  

 

     (15) Specifying that the appropriation for operational and administrative expenses incurred in regulating mixed martial arts includes funding to hire a regulatory boards/commissions administrative assistant, secretary, and clerks;

 

     (16) Repealing the provisions of this bill on June 30, 2010;

 

     (17) Requiring the Auditor to evaluate the provisions of this bill and submit an evaluation report to the Legislature prior to the convening of the Regular Session of 2010;

 

     (18) Changing its effective date to July 1, 2030, to encourage further discussion; and

 

     (19) 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. 1712, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1712, S.D. 2, H.D. 1, and be referred to the Committees on Consumer Protection & Commerce and Judiciary.

 

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

 

 

 

 

____________________________

RYAN I. YAMANE, Chair