A02604 Summary:

BILL NOA02604C
 
SAME ASSAME AS S05949-A
 
SPONSORMorelle
 
COSPNSRWright, Simotas, Englebright, Peoples-Stokes, Hevesi, Moya, Titus, Titone, Perry, Cook, Rivera, Paulin, Mosley, Stirpe, Brindisi, Santabarbara, Simanowitz, McDonald, Pichardo, Miller, Zebrowski, Linares, Bichotte, Dilan, Thiele, Joyner, Weprin, Steck, Hunter
 
MLTSPNSRAbbate, Barclay, Blake, Brabenec, Braunstein, Buchwald, Ceretto, Crespo, Crouch, Curran, Cusick, Cymbrowitz, Davila, Garbarino, Giglio, Gjonaj, Graf, Hooper, Jean-Pierre, Katz, Kearns, Kim, Kolb, Lavine, Lawrence, Lupardo, Lupinacci, Magee, Mayer, McDonough, Palmesano, Pretlow, Quart, Ra, Raia, Ramos, Rodriguez, Sepulveda, Skartados, Tenney, Walker, Walter, Wozniak
 
Rpld Chap 912 of 1920; ren Art 40 SS900 & 901 to be Art 43 SS1200 & 1201, add Art 41 SS1000 - 1022, Gen Bus L; amd SS451, 452, 1105 & 1820, Art 19 Head, Tax L; amd S106, ABC L
 
Establishes protocols for combative sports; authorizes mixed martial arts events in this state; establishes procedures for applications for licenses; establishes penalties for violations; imposes taxes on gross receipts of such events.
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A02604 Actions:

BILL NOA02604C
 
01/20/2015referred to tourism, parks, arts and sports development
06/08/2015amend (t) and recommit to tourism, parks, arts and sports development
06/08/2015print number 2604a
06/12/2015amend (t) and recommit to tourism, parks, arts and sports development
06/12/2015print number 2604b
06/14/2015amend and recommit to tourism, parks, arts and sports development
06/14/2015print number 2604c
01/06/2016referred to tourism, parks, arts and sports development
03/22/2016reported referred to codes
03/22/2016reported referred to ways and means
03/22/2016reported referred to rules
03/22/2016reported
03/22/2016rules report cal.5
03/22/2016substituted by s5949a
 S05949 AMEND=A GRIFFO
 06/12/2015REFERRED TO RULES
 06/13/2015AMEND AND RECOMMIT TO RULES
 06/13/2015PRINT NUMBER 5949A
 06/16/2015ORDERED TO THIRD READING CAL.1698
 06/16/2015PASSED SENATE
 06/16/2015DELIVERED TO ASSEMBLY
 06/16/2015referred to tourism, parks, arts and sports development
 01/06/2016died in assembly
 01/06/2016returned to senate
 01/06/2016REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
 01/21/2016AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
 01/21/2016PRINT NUMBER 5949B
 01/26/2016REPORTED AND COMMITTED TO RULES
 01/26/2016AMENDED BY RESTORING TO PREVIOUS PRINT 5949A
 02/01/2016ORDERED TO THIRD READING CAL.85
 02/01/2016PASSED SENATE
 02/01/2016DELIVERED TO ASSEMBLY
 02/01/2016referred to tourism, parks, arts and sports development
 03/22/2016substituted for a2604c
 03/22/2016ordered to third reading rules cal.5
 03/22/2016passed assembly
 03/22/2016returned to senate
 04/13/2016DELIVERED TO GOVERNOR
 04/14/2016SIGNED CHAP.32
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A02604 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2604C
 
SPONSOR: Morelle (MS)
  TITLE OF BILL: An act to amend the general business law, the tax law, and the alcoholic beverage control law, in relation to authorized comba- tive sports; and to repeal chapter 912 of the laws of 1920, relating to the regulation of boxing, sparring, and wrestling   PURPOSE: The purposes of this bill are to: prohibit unauthorized combative sports; protect the health, safety and financial welfare of participants in, and spectators of, authorized combative sports; protect the integri- ty of authorized combative sports; and modernize the law governing combative sports, currently unconsolidated as Boxing, Sparring and Wres- tling Chapter 912 of the Laws of 1920.   SUMMARY OF PROVISIONS: Section one of the bill repeals Chapter 912 of the Laws of 1920 and all subsequent amendments made thereto. Section two of the bill adds a new Article 41 to the General Business Law, consolidating all sections of law governing boxing, created by Chapter 912 of the Laws of 1920. The new Article 41 contains 23 sections as follows: *§ 1000. Provides definitions for "amateur", "authorized sanctioning entity", "combative sport", "commission", "mixed martial arts", and "professional". It contains language currently in subdivision one of § 8905-a of the boxing law. *§ 1001. Authorizes combative sports when conducted under the super- vision of the New York State Athletic Commission (NYSAC) or an author- ized sanctioning entity. *§ 1002. Prohibits combative sports when conducted outside the super- vision of NYSAC, or an-authorized sanctioning entity. Clarifies what it means when a person "advances a prohibited combative sport" and "profits from a prohibited combative sport." It contains language currently in subdivision 2, and paragraphs (b) and (c) of subdivision 3 of § 8905-a of the boxing law. *§ 1003. Continues NYSAC as a division of the Department of State and increases the membership of NYSAC from three members to five members. It contains language currently in § 8901 of the boxing law. 41 1004. Clarifies the precise jurisdiction of NYSAC. It contains language currently in subdivision one of § 8906, and subdivisions four, five, six and seven of § 8934 of the boxing law. *§ 1005. Empowers NYSAC to appoint officers and employees. It contains language currently in § 8902 of the boxing law. *§ 1006. Creates a regulatory process for the recognition and approval of authorized sanctioning entities. It contains language currently in subdivision one of § 8905-a of the boxing law. *§ 1007. Provides general provisions for licenses issued by NYSAC. It contains language currently in: § 8907; paragraph (c) of subdivision one of § 8908; § 8910; subdivision one of 5 8911; and paragraphs (a)-(f) of § 8917 of the boxing law. *§ 1008. Sets provisions for licensing judges. It contains language currently in subdivisions 1-5 of § 8907-a of the boxing law. *§ 1009. Sets provisions for licensing entities. It contains language currently in § 8908 of the boxing law. *§ 1010. Sets provisions for licensing professionals. It contains language currently in § 8912 of the boxing law. *§ 1011. Allows temporary working permits. It contains language current- ly in § 8909 and § 8909-a of the boxing law. *§ 1012. Governs temporary training facilities. It contains language currently in § 8909-b of the boxing law. *§ 1013. Establishes the medical advisory board and sets its powers and responsibilities. It contains language currently in subdivisions 1-6 of § 8904 of the boxing law. *§ 1014. Provides for the regulation of authorized professional comba- tive sports. It contains language currently in: § 8922; subdivisions 1-5 of § 8923; and § 8924 of the boxing law. *§ 1015. Governs the conduct of authorized professional combative sports. It contains language currently in: 5 8905; subdivision 2 of § 8906; § 8920; § 8921; § 8923; § 8.924; subdivisions 1-3 of § 8925; subdivisions 1-3 of § 8926; § 8927; § 8928; and subdivisions 1 and 2 of § 8929 of the boxing law. *§ 1016. Establishes required filings. It contains language currently in subdivision 4 of § 8912, and subdivisions 1-3 of § 8934 of the boxing law. *§ 1017. Governs professional wrestling. It contains language currently in 8928-b of the boxing law, and make no changes thereto. *§.1018. Establishes prohibited conduct. It contains language currently in § 8904 and § 8905 of the boxing law. *§ 1019. Establishes penalties. It contains language currently in: paragraphs (a) and (d) of subdivision 3 of § 8905-a; paragraph (c) of subdivision 2, and subdivision 3 of § 8908; § 8916; and § 8933 of the boxing law. *§ 1020. Authorizes NYSAC subpoenas. It contains language currently in § 8903 of the boxing law. *§ 1021. Provides for exceptions. It contains language currently in § 8931 of the boxing law. *§ 1022. Provides for the disposition of tax receipts. It contains language currently in § 8930 of the boxing law. Section three of the bill provides a technical amendment to the tax law. Section four of the bill provides a technical amendment to the tax law. Section five of the bill amends the tax law regarding the tax on gross receipts from ticket sales and broadcasting rights. Section six of the bill provides a technical amendment to the tax law. Section seven of the bill provides a technical amendment to the tax law. Section eight of the bill provides a technical amendment to the tax law. Section nine of the bill provides a technical amendment to the alcoholic and beverage control law. Section ten of the bill requires the Department of State, with the assistance of NYSAC, the Medical Advisory Board, the Departments of Health and Financial Services, the State Insurance Fund, and the Divi- sion of Budget to review and make recommendations concerning a funding mechanism to provide long-term care to professional boxers and mixed martial artists who develop degenerative brain conditions as a result of injuries sustained in the ring. Section eleven of the bill provides the effective date.   JUSTIFICATION: The existing boxing law was codified in 1920. It requires modernization. This legislation recognizes the evolution in sports that has occurred since the Prohibition Era. It provides essential increases in the insur- ance limits and financial guarantees required to protect boxers and mixed martial artists. It increases by nearly 700% the amount of cover- age available to fighters to cover medical expenses associated with injuries sustained in the ring. It also enacts a $1,000,000 benefit of insurance coverage in the rare cases that fighters sustain life-threat- ening brain injuries. In addition, it establishes a study to help devel- op a funding mechanism for providing lifetime care to fighters suffering degenerative brain diseases resulting from injuries sustained in the ring. These provisions will make New York State a national leader as far as protecting fighters. The bill clearly defines NYSAC's jurisdiction, and establishes a proper mechanism to govern authorized combative sports, which will provide critical protections to participants in what is today an entirely unreg- ulated space.   LEGISLATIVE HISTORY: 2014: A8775 referred to tourism, parks, arts and sports development 2013: A6506 referred to tourism, parks, arts and sports development 2011-2012: A9879 referred to tourism, parks, arts and sports development 2009-2010: A2009C referred to tourism, arts and sports development & codes-died in ways and means 2008: A11458-A referred to tourism, arts and sports development   FISCAL IMPLICATIONS: This legislation will generate new revenue for the state from license fees and tax receipts.   EFFECTIVE DATE: First day of the first month next succeeding the 120th day after it shall have become a law.
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A02604 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2604--C
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2015
                                       ___________
 
        Introduced   by   M.   of  A.  MORELLE,  WRIGHT,  SIMOTAS,  ENGLEBRIGHT,
          PEOPLES-STOKES, HEVESI, MOYA,  TITUS,  TITONE,  PERRY,  COOK,  RIVERA,
          PAULIN, MOSLEY, STIRPE, BRINDISI, SANTABARBARA, SIMANOWITZ, GOLDFEDER,
          McDONALD,  PICHARDO,  MILLER,  ZEBROWSKI,  LINARES,  BICHOTTE,  DILAN,
          THIELE, JOYNER, WEPRIN -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,
          BARCLAY,  BLAKE, BORELLI, BRAUNSTEIN, BROOK-KRASNY, BUCHWALD, CERETTO,
          CRESPO, CROUCH, CURRAN, CUSICK, CYMBROWITZ, DAVILA, GARBARINO, GIGLIO,
          GJONAJ, GRAF, HOOPER, JEAN-PIERRE, KATZ, KEARNS,  KIM,  KOLB,  LAVINE,
          LAWRENCE,  LUPARDO, MAGEE, MAYER, McDONOUGH, PALMESANO, PERSAUD, PRET-
          LOW, QUART, RA, RAIA, RAMOS, ROBERTS, RODRIGUEZ, SEPULVEDA, SKARTADOS,
          TENNEY, WALKER, WALTER, WOZNIAK --  read  once  and  referred  to  the
          Committee  on Tourism, Parks, Arts and Sports Development -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments,  ordered reprinted as amended and recommitted to said committee
          --  again  reported  from  said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the general business law, the tax law, and the alcoholic
          beverage  control law, in relation to authorized combative sports; and
          to repeal chapter 912 of the laws of 1920, relating to the  regulation
          of boxing, sparring, and wrestling
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Chapter 912 of the laws of 1920 relating to the  regulation
     2  of boxing, sparring, and wrestling is REPEALED.
     3    §  2. Article 40 and sections 900 and 901 of the general business law,
     4  as renumbered by chapter 407 of the laws of 1973, are renumbered article
     5  43 and sections 1200 and 1201, respectively, and a  new  article  41  is
     6  added to read as follows:
     7                                 ARTICLE 41
     8                              COMBATIVE SPORTS
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05199-07-5

        A. 2604--C                          2
 
     1  Section 1000. Definitions.
     2          1001. Combative sports authorized.
     3          1002. Combative sports prohibited.
     4          1003. State athletic commission.
     5          1004. Jurisdiction of the commission.
     6          1005. Officers and employees of the commission.
     7          1006. Sanctioning entities.
     8          1007. Licenses; general provisions.
     9          1008. Licenses; judges.
    10          1009. Licenses; entities.
    11          1010. Licenses; professionals.
    12          1011. Temporary working permits.
    13          1012. Temporary training facilities.
    14          1013. Medical advisory board.
    15          1014. Regulation of authorized professional combative sports.
    16          1015. Conduct of authorized professional combative sports.
    17          1016. Required filings.
    18          1017. Professional wrestling; promoters.
    19          1018. Prohibited conduct.
    20          1019. Penalties.
    21          1020. Subpoenas by commission; oaths.
    22          1021. Exceptions.
    23          1022. Disposition of receipts.
    24    §  1000.  Definitions. As used in this article: 1. "Amateur" means any
    25  participant in a combative sport authorized pursuant to this article who
    26  is not receiving or  competing  for,  and  who  has  never  received  or
    27  competed for, any purse, money, prize, pecuniary gain, or other thing of
    28  value exceeding seventy-five dollars or the allowable amount established
    29  by the authorized amateur sanctioning entity overseeing the competition.
    30    2.  "Authorized sanctioning entity" means an entity allowed to oversee
    31  and conduct combative sports pursuant to regulations promulgated by  the
    32  commission.
    33    3.  "Combative  sport"  means  any unarmed bout, contest, competition,
    34  match, or exhibition undertaken to entertain an  audience,  wherein  the
    35  participants  primarily grapple or wrestle, or deliver blows of any kind
    36  to, or use force in any way to manipulate, the body of  another  partic-
    37  ipant,  and wherein the outcome and score depend entirely on such activ-
    38  ities.
    39    4. "Commission" means the state athletic commission as provided for in
    40  section one thousand three of this article, or an agent or  employee  of
    41  the state athletic commission acting on its behalf.
    42    5.  "Mixed  martial arts" means a combative sport wherein the rules of
    43  engagement do not limit the participants to a single, systematic, fight-
    44  ing discipline.
    45    6. "Professional" means any participant in a combative  sport  author-
    46  ized  pursuant  to this article, other than an amateur, who is receiving
    47  or competing for, or who has ever received or competed for,  any  purse,
    48  money,  prize,  pecuniary  gain,  or  other thing exceeding seventy-five
    49  dollars in value.
    50    § 1001. Combative sports authorized. Combative sports conducted  under
    51  the  supervision  of the commission, under the supervision of an author-
    52  ized sanctioning entity, or as provided  for  in  section  one  thousand
    53  twenty-one  of this article, are hereby authorized. Authorized combative
    54  sports include, amateur and professional  boxing,  wrestling,  sparring,
    55  kick  boxing,  single  discipline  martial  arts and mixed martial arts,
    56  pursuant to the provisions of this article.

        A. 2604--C                          3
 
     1    § 1002. Combative sports  prohibited.  1.  The  conduct  of  combative
     2  sports  outside the supervision of the commission or an authorized sanc-
     3  tioning entity is prohibited.
     4    2.  A  person advances a prohibited combative sport when, acting other
     5  than as a spectator, he or she engages in conduct which materially  aids
     6  any  unauthorized  combative  sport.  Such  conduct  includes but is not
     7  limited to  conduct  directed  toward  the  creation,  establishment  or
     8  performance  of  a prohibited combative sport, toward the acquisition or
     9  maintenance of premises, paraphernalia, equipment or apparatus therefor,
    10  toward the solicitation or inducement of persons to  attend  or  partic-
    11  ipate  therein,  toward  the  actual conduct of the performance thereof,
    12  toward the arrangement of any of its financial or promotional phases, or
    13  toward any other phase of a prohibited combative sport.  One advances  a
    14  prohibited combative sport when, having substantial proprietary or other
    15  authoritative control over premises being used with his or her knowledge
    16  for  purposes of a prohibited combative sport, he or she permits such to
    17  occur or continue or makes  no  effort  to  prevent  its  occurrence  or
    18  continuation.
    19    3.  A  person profits from a prohibited combative sport when he or she
    20  accepts or receives money or other property with intent  to  participate
    21  in  the  proceeds  of  a  prohibited  combative sport, or pursuant to an
    22  agreement or understanding with any person whereby  he  or  she  partic-
    23  ipates  or  is  to participate in the proceeds of a prohibited combative
    24  sport.
    25    § 1003. State athletic commission. 1. The state  athletic  commission,
    26  as  named by chapter nine hundred twelve of the laws of nineteen hundred
    27  twenty, as amended by chapter six hundred three of the laws of  nineteen
    28  hundred  eighty-one,  is  continued  as  a division of the department of
    29  state. The commission shall act  in  the  best  interests  of  combative
    30  sports.  The  commission  is  enacted  to protect the health, safety and
    31  general welfare of all participants in combative sports  and  spectators
    32  thereof, to preserve the integrity of combative sports through the means
    33  of  licensing, oversight, enforcement and the authorization of sanction-
    34  ing entities, and to facilitate the development and responsible  conduct
    35  of  combative  sports  throughout the entire state. The commission shall
    36  consist of five members who shall be appointed by the  governor  by  and
    37  with  the advice and consent of the senate. The governor shall designate
    38  one of the members as chairperson of the commission.  The members of the
    39  commission shall be appointed for terms of three years. Any  vacancy  in
    40  the  membership of the commission caused otherwise than by expiration of
    41  term shall be filled only for the balance of the term of the  member  in
    42  whose position the vacancy occurs.
    43    2.  The commissioners shall be paid their actual and necessary travel-
    44  ing and other expenses incurred by them  in  the  performance  of  their
    45  official  duties.  The  members of the commission shall adopt a seal for
    46  the commission, and make such rules  for  the  administration  of  their
    47  office,  not inconsistent herewith, as they may deem expedient; and they
    48  may amend or abrogate such rules. Three of the members of the commission
    49  shall constitute a quorum to do  business;  and  the  concurrence  of  a
    50  majority  of  the  commissioners  present shall be necessary to render a
    51  determination by the commission.  The  commission  is  vested  with  the
    52  authority to adopt such rules and regulations as necessary to effectuate
    53  the provisions of this article.
    54    §  1004. Jurisdiction of the commission. The commission shall have and
    55  is hereby vested with the sole direction, management, control and juris-
    56  diction over:  1. all authorized combative sports;

        A. 2604--C                          4
 
     1    2. all licenses or permits granted by the commission to  any  and  all
     2  persons or entities who participate in authorized combative sports;
     3    3.  all  determinations  regarding  the  authorization  of amateur and
     4  professional sanctioning entities;
     5    4. all gyms, clubs, training camps and other organizations that  main-
     6  tain training facilities to prepare persons for participation in author-
     7  ized professional combative sports;
     8    5.  the  promotion of professional wrestling exhibitions to the extent
     9  provided for in this article; and
    10    6. all contracts directly related to the conduct of authorized profes-
    11  sional combative sports in the state of New York.
    12    7. All disclosures to the commission shall be deemed confidential.
    13    § 1005. Officers and employees of the  commission.  The  secretary  of
    14  state  may  appoint,  and  at  his  or her pleasure remove, an executive
    15  director, deputies, officers, inspectors, physicians and any such  other
    16  employees as may be necessary to administer the provisions of this arti-
    17  cle and fix their salaries within the amount appropriated therefor.
    18    § 1006. Sanctioning entities. 1. The commission shall promulgate regu-
    19  lations  establishing  a process by which entities may be recognized and
    20  approved by the commission as  authorized  sanctioning  entities  for  a
    21  period  of  time  to  be established by the commission, during which the
    22  entity will be allowed to oversee and conduct  combative  sports  within
    23  the state of New York. The commission may, in its reasonable discretion,
    24  limit  the scope of any recognition and approval of a sanctioning entity
    25  to the oversight and conduct of one or more specific combat disciplines,
    26  amateur or professional combative sports, or to any combination  of  the
    27  foregoing  based  on  the  qualifications,  integrity and history of the
    28  entity seeking authorization as a sanctioning entity.
    29    2. The commission shall evaluate factors including but not limited to:
    30    (a) the entity's stated mission and primary purpose;
    31    (b) whether the entity requires participants in  combative  sports  to
    32  use hand, foot and groin protection;
    33    (c)  whether  the entity has an established set of rules that requires
    34  the immediate termination of any combative sport  when  any  participant
    35  has endured severe punishment or is in danger of suffering serious phys-
    36  ical injury; and
    37    (d)  whether  the  entity  has established protocols to effectuate the
    38  appropriate and timely medical treatment of injured persons.
    39    § 1007. Licenses; general provisions. 1. Except as otherwise  provided
    40  in  sections  one  thousand  six,  one thousand eleven, and one thousand
    41  seventeen of this article, with respect to all  authorized  professional
    42  combative  sports  in  this  state, all corporations, entities, persons,
    43  referees, judges, match-makers, timekeepers,  professionals,  and  their
    44  managers,  trainers, and seconds shall be licensed by the commission. No
    45  such corporation, entity or person shall be  permitted  to  participate,
    46  either  directly or indirectly, in any authorized professional combative
    47  sport, or the holding thereof, or the operation of any training facility
    48  providing contact sparring maintained either exclusively or in part  for
    49  the  use  of  professional  boxers  or  professional  mixed martial arts
    50  participants, unless  such  corporation  or  persons  shall  have  first
    51  procured  a  license from the commission. The commission shall establish
    52  by rule and regulation licensing standards for all licensees.
    53    2. Every application for a license shall be in a  form  prescribed  by
    54  the   commission,  shall  be  addressed  to  the  commission,  shall  be
    55  subscribed by the applicant, and affirmed by him or her  as  true  under
    56  the  penalties  of  perjury,  and  shall  set  forth  such  facts as the

        A. 2604--C                          5
 
     1  provisions hereof and the rules and regulations of  the  commission  may
     2  require.
     3    3.  (a)  The  commission  shall  establish  reasonable fees, terms and
     4  renewal terms for licenses,  permits  and  other  authorizations  issued
     5  pursuant  to  this  article,  provided, however, that all terms, renewal
     6  terms and fees in effect pursuant to chapter nine hundred twelve of  the
     7  laws  of nineteen hundred twenty, and any subsequent amendments thereto,
     8  immediately prior to the enactment of this article, shall  remain  fixed
     9  at their prior statutory levels for a period of two years from enactment
    10  of  this  article.  The commission shall publish all fees, including the
    11  aforementioned, in a single location on its website. All fees set by the
    12  commission pursuant to this section shall be subject to the approval  of
    13  the director of the budget.
    14    (b) With respect to the fees established by the commission pursuant to
    15  paragraph  (a)  of  this  subdivision,  when  such  fees  are payable in
    16  relation to authorized combative sports constituting mixed martial arts,
    17  the following shall apply:
    18    (i) by promoters, for contests held where the seating capacity is  not
    19  more  than  two  thousand  five hundred, the promoter shall pay not more
    20  than five hundred dollars;
    21    (ii) by promoters, for contests held where  the  seating  capacity  is
    22  greater than two thousand five hundred, but not more than five thousand,
    23  the promoter shall pay not more than one thousand dollars;
    24    (iii)  by  promoters,  for contests held where the seating capacity is
    25  greater than five thousand, but not  more  than  fifteen  thousand,  the
    26  promoter shall pay not more than one thousand five hundred dollars;
    27    (iv)  by  promoters,  for  contests held where the seating capacity is
    28  greater than fifteen thousand, but not more than  twenty-five  thousand,
    29  the promoter shall pay not more than two thousand five hundred dollars;
    30    (v)  by  promoters,  for  contests  held where the seating capacity is
    31  greater than twenty-five thousand, the promoter shall pay not more  than
    32  three thousand dollars;
    33    (vi) for referees and judges, not more than one hundred dollars;
    34    (vii)  for  professional  participants, managers and trainers not more
    35  than fifty dollars; and
    36    (viii) for chief seconds, not more than forty dollars.
    37    4. Any license, temporary work permit or  other  authorization  issued
    38  under  the provisions of this article may be revoked or suspended by the
    39  commission when the licensee, permittee or authorized entity has, in the
    40  judgment of the commission, violated any provision of this article, rule
    41  or order of the commission,  demonstrated  conduct  detrimental  to  the
    42  interests  of  authorized  combative  sports  generally or to the public
    43  interest, or when the commission deems it to be in the best interests of
    44  the health and safety of the licensee.
    45    (a) Any licensee who suffered a knockout or technical  knockout  in  a
    46  combative sport may, upon the recommendation of the attending commission
    47  physician,  be  suspended  by the commission, for a period determined by
    48  the commission, and shall forfeit his or her license to  the  commission
    49  during  such  period. Such license shall not be returned to the licensee
    50  until he or she has met all requirements,  medical  and  otherwise,  for
    51  reinstatement of such license. All such suspensions shall be recorded in
    52  his or her license by a commission official.
    53    (b)  Notwithstanding  any  other  provision of law, if any other state
    54  shall revoke a licensee's license to compete in combative sports in that
    55  state, then the commission may act to revoke any license issued to  such
    56  licensee pursuant to the provisions of this article.

        A. 2604--C                          6
 
     1    §  1008. Licenses; judges. 1. Except as otherwise provided in sections
     2  one thousand six and one thousand seventeen  of  this  article,  only  a
     3  person  licensed  by  the  commission,  as a combative sports judge, may
     4  judge an authorized professional combative sport within the state. Judg-
     5  es  for  any authorized professional combative sport under the jurisdic-
     6  tion of the commission shall be selected by the commission from  a  list
     7  of qualified licensed judges maintained by the commission.
     8    2.  Any  participant  in  a professional combative sport or his or her
     9  manager may protest the assignment of a  judge  to  a  contest  and  the
    10  participant or manager may be heard by the commission or its designee if
    11  such protest is timely. If the protest is untimely it shall be summarily
    12  rejected.
    13    3.  Each  person  seeking  to be licensed as a judge by the commission
    14  shall be required to submit to or provide proof of  an  eye  examination
    15  and  annually  thereafter  on  the  anniversary  of  the issuance of the
    16  license. The commission shall establish  continuing  education  programs
    17  and  requirements to be completed by licensed judges. Each judge must be
    18  certified as having completed a training  program  as  approved  by  the
    19  commission and shall pass an examination approved by the commission.
    20    4.  Each  person  seeking  a  license to judge authorized professional
    21  combative sports in the state shall be required to fill out a  financial
    22  questionnaire certifying under penalty of perjury full disclosure of the
    23  judge's  financial situation on a questionnaire to be promulgated by the
    24  commission.  Such questionnaire shall be in a form and  manner  approved
    25  by the commission and shall provide information as to areas of actual or
    26  potential conflict of interest as well as appearances of such conflicts,
    27  including  financial  responsibility.  Within  forty-eight  hours of any
    28  match, each judge of a professional combative sport shall file with  the
    29  commission  a  financial disclosure statement in such form and manner as
    30  shall be acceptable to the commission.
    31    § 1009. Licenses; entities. 1. (a) Except  as  otherwise  provided  in
    32  sections  one  thousand  six and one thousand seventeen of this article,
    33  only entities licensed by  the  commission  may  conduct  an  authorized
    34  professional  combative  sport  within the state. The commission may, in
    35  its discretion, issue a license to conduct or  hold  authorized  profes-
    36  sional combative sports, subject to the provisions hereof, to any person
    37  or  corporation  duly incorporated, or limited liability company author-
    38  ized, under the laws of the state of New York.
    39    (b) A prospective licensee must submit to the commission proof that it
    40  can furnish suitable premises, as determined by the commission, in which
    41  such combative sport is to be held.
    42    (c) Upon written application the commission may grant  to  any  entity
    43  holding  a  license  issued  hereunder,  the privilege of holding such a
    44  match or exhibition on a specified date in other premises, or in another
    45  location, than the premises  or  location  previously  approved  by  the
    46  commission,  subject however to approval of the commission and the rules
    47  and regulations of the commission.
    48    2. (a) The commission may, in its discretion and  in  accordance  with
    49  regulations  adopted  by the commission to protect the health and safety
    50  of professionals in training, issue a  license  to  operate  a  training
    51  facility  providing contact sparring maintained either exclusively or in
    52  part for the use of professional combative  sports  participants.  At  a
    53  minimum, any such regulation shall require:
    54    (i)  first aid materials to be stored in an accessible location on the
    55  premises and for the presence on the premises of a  person  trained  and
    56  certified  in the use of such materials and procedures for cardio-pulmo-

        A. 2604--C                          7
 
     1  nary resuscitation at all times during which the facility  is  open  for
     2  training purposes;
     3    (ii) clean and sanitary bathrooms, shower rooms, and locker rooms;
     4    (iii)  adequate  ventilation  and  lighting of accessible areas of the
     5  training facility;
     6    (iv) establishment of a policy concerning the restriction  of  smoking
     7  in  training  areas,  including  provisions  for  its enforcement by the
     8  facility operator;
     9    (v) compliance with state and local fire ordinances;
    10    (vi) inspection and approval of surfaces on which training for  comba-
    11  tive sports will be held; and
    12    (vii)  establishment  of  a  policy for posting all commission license
    13  suspensions and license revocations received from the commission includ-
    14  ing provisions for enforcement of such suspensions  and  revocations  by
    15  the facility operator.
    16    (b) A prospective entity licensee shall submit to the commission proof
    17  that  it  can furnish suitable facilities in which the training is to be
    18  conducted, including the making of such  training  facilities  available
    19  for inspection by the commission at any time during which training is in
    20  progress.
    21    §  1010.  Licenses;  professionals. 1. Except as otherwise provided in
    22  sections one thousand six, one thousand eleven and one  thousand  seven-
    23  teen  of  this  article,  only  persons licensed by the commission shall
    24  compete in authorized professional combative sports.
    25    2. Any professional applying for a license or renewal of a license  to
    26  participate  in  combative  sports  under  this  article shall undergo a
    27  comprehensive physical examination including clinical neurological exam-
    28  inations by a physician approved by the commission.  If, at the time  of
    29  such  examination,  there  is any indication of brain injury, or for any
    30  other reason the physician deems it appropriate, the professional  shall
    31  be  required  to undergo further neurological examinations by a neurolo-
    32  gist including magnetic resonance imaging or other medically  equivalent
    33  procedures.  The  commission shall not issue a license to a professional
    34  until such examinations are completed and reviewed  by  the  commission.
    35  The results of all such examinations herein required shall become a part
    36  of  the  professional's  permanent  medical  record as maintained by the
    37  commission. The costs of all such examinations for  professional  boxers
    38  shall  be  assumed  by the state if such examinations are performed by a
    39  physician or neurologist approved by the commission; the  costs  of  all
    40  such examinations for professional mixed martial arts participants shall
    41  be  assumed  by  the  applicant  or promoter with which the professional
    42  mixed martial arts participant is affiliated, regardless of provider.
    43    3. Any professional licensed under this article shall, as a  condition
    44  of licensure, waive right of confidentiality of medical records relating
    45  to treatment of any physical condition which relates to his or her abil-
    46  ity  to fight. All medical reports submitted to, and all medical records
    47  of the medical advisory board or the commission relative to the physical
    48  examination or condition of professionals shall be considered  confiden-
    49  tial,  and  shall  be  open to examination only to the commission or its
    50  authorized representative, to the licensed professional or manager  upon
    51  written  application  to  examine  said  records, or upon the order of a
    52  court of competent jurisdiction in an appropriate case.
    53    § 1011. Temporary working permits. The commission may issue  temporary
    54  working  permits to professionals, their managers, trainers and seconds.
    55  A temporary working permit shall authorize the employment of the  holder
    56  of  such  permit to engage in a single authorized professional combative

        A. 2604--C                          8
 
     1  sport at a specified time and place. The  commission  may  require  that
     2  professionals  applying for temporary working permits undergo a physical
     3  examination and neurological test or procedure, including magnetic reso-
     4  nance  imaging  or  medically  equivalent  procedure.  Temporary working
     5  permits shall expire  upon  the  completion  of  the  single  authorized
     6  professional   combative   sport   and  any  subsequent  evaluations  or
     7  inspections required by the commission.   The  fee  for  such  temporary
     8  working permit shall be established by the commission pursuant to rule.
     9    §  1012. Temporary training facilities. The commission in its judgment
    10  may exempt from licensing  under  this  article  any  training  facility
    11  providing  contact  sparring  established  and maintained on a temporary
    12  basis for the purpose of preparing professionals for a specific  author-
    13  ized  combative sport to be conducted, held or given within the state of
    14  New York.
    15    § 1013. Medical advisory board. 1. The medical advisory board  created
    16  pursuant  to chapter nine hundred twelve of the laws of nineteen hundred
    17  twenty, and subsequent amendments thereto is  hereby  continued  without
    18  interruption.  It  shall remain a division of the state athletic commis-
    19  sion, and shall consist of nine members to be appointed by the governor.
    20  The governor shall designate one of such members as chairperson  of  the
    21  advisory  board.  The  term  of a member thereafter appointed, except to
    22  fill a vacancy, shall be three years from the expiration of the term  of
    23  his  predecessor. Upon the appointment of a successor to the chairperson
    24  of the advisory board, the governor shall designate  such  successor  or
    25  other  member  of the advisory board as chairperson. A vacancy occurring
    26  otherwise than by expiration of term, shall be filled by appointment  by
    27  the  governor  for  the  remainder  only of the term. Each member of the
    28  advisory board shall be duly licensed to practice medicine in the  state
    29  of New York, and at the time of his or her appointment have had at least
    30  five  years'  experience  in  the practice of his or her profession. The
    31  members of the advisory board shall receive such compensation as may  be
    32  fixed by the commission within the amount provided by appropriation, and
    33  shall  be  allowed  and  paid  necessary  traveling  and  other expenses
    34  incurred by them, respectively, in the performance of their duties here-
    35  under.
    36    2. The advisory board shall have power and it shall be the duty of the
    37  board to prepare and submit to the commission for  approval  regulations
    38  and  standards  for the physical examination of professionals including,
    39  without limitation, pre-fight and post-fight examinations  and  periodic
    40  comprehensive  examinations.  The  board  shall  continue to serve in an
    41  advisory capacity to the commission and from time to  time  prepare  and
    42  submit  to  the commission for approval, such additional regulations and
    43  standards of examination as in their judgment will safeguard  the  phys-
    44  ical  welfare  of professionals licensed by the commission. The advisory
    45  board shall recommend to the commission from time to time such qualified
    46  physicians, who may be designated and employed by the commission for the
    47  purpose of conducting physical examinations of professionals  and  other
    48  services  as the rules of the commission shall provide. Such physicians,
    49  if so employed, shall receive compensation as fixed  by  the  commission
    50  within  amounts  appropriated therefor. The provisions of section seven-
    51  teen of the public officers law shall apply to any physician who:
    52    (a) is designated and employed by the commission; and
    53    (b) is rendering professional services on behalf of the commission  to
    54  professionals.
    55    3.  The  advisory board shall develop or recommend appropriate medical
    56  education programs for all commission personnel involved in the  conduct

        A. 2604--C                          9
 
     1  of  authorized combative sports so that such personnel can recognize and
     2  act upon evidence of potential or actual adverse medical indications  in
     3  a participant prior to, during or after the course of a match.
     4    4.  The advisory board shall review the credentials and performance of
     5  each commission physician on an annual basis.
     6    5. The advisory board shall advise the  commission  on  any  study  of
     7  equipment, procedures or personnel which will, in their opinion, promote
     8  the safety of professionals.
     9    §  1014.  Regulation of authorized professional combative sports.  The
    10  commission shall promulgate regulations governing the conduct of author-
    11  ized professional combative sports that:
    12    1. establish parameters and limitations  on  weights  and  classes  of
    13  professionals;
    14    2.  establish parameters and limitations on the number and duration of
    15  rounds;
    16    3. establish the requirements for the presence of  medical  equipment,
    17  medical  personnel, an ambulance, other emergency apparatus and an emer-
    18  gency medical plan;
    19    4. establish responsibilities of  all  licensees  before,  during  and
    20  after an event;
    21    5. define unsportsmanlike practices;
    22    6.  establish conditions for the forfeiture of any prize, remuneration
    23  or purse, or any part thereof based on  the  conduct  of  professionals,
    24  their managers and seconds;
    25    7.  establish parameters and standards for required and allowed equip-
    26  ment items utilized by professionals;
    27    8. establish parameters and standards for rings, combat  surfaces  and
    28  appurtenances thereto; and
    29    9.  establish  such  other  rules  and  conditions as are necessary to
    30  effectuate the commission's purpose.
    31    § 1015. Conduct of authorized professional combative sports. 1.    All
    32  buildings  or  structures  used  or  intended  to be used for conducting
    33  authorized professional combative sports shall  be  properly  ventilated
    34  and provided with fire exits and fire escapes, and in all manner conform
    35  to  the  laws, ordinances and regulations pertaining to buildings in the
    36  city, town or village where situated.
    37    2. No person under the age of eighteen years shall participate in  any
    38  authorized  professional  combative  sports, and no person under sixteen
    39  years of age shall be  permitted  to  attend  thereat  as  a  spectator,
    40  provided, however, that a person under the age of sixteen may be permit-
    41  ted to attend as a spectator if accompanied by a parent or guardian.
    42    3.  Except  as otherwise provided in sections one thousand six and one
    43  thousand seventeen of this  article,  at  each  authorized  professional
    44  combative  sport,  except  where conducted solely for training purposes,
    45  there shall be in attendance a duly licensed referee  who  shall  direct
    46  and  control  the  same. There shall also be in attendance, except where
    47  conducted solely for training purposes, three duly licensed  judges  who
    48  shall  at the termination of each such authorized professional combative
    49  sport render their decision. The winner shall be determined  in  accord-
    50  ance with a scoring system prescribed by the commission.
    51    4.  Except  as otherwise provided in sections one thousand six and one
    52  thousand seventeen of this  article,  the  commission  shall  direct  an
    53  employee  of the commission to be present at each place where authorized
    54  professional combative sports are to be conducted.  Such employee of the
    55  commission shall ascertain the exact conditions surrounding such author-
    56  ized professional combative sport and make a written report of the  same

        A. 2604--C                         10
 
     1  in  the  manner and form prescribed by the commission.  Where authorized
     2  professional combative sports are approved to be held in a state or city
     3  owned armory, the provision of the military law in respect thereto  must
     4  be complied with.
     5    5.  Except  as otherwise provided in sections one thousand six and one
     6  thousand seventeen of this article, any ring or combat surface  must  be
     7  inspected  and  approved  by the commission prior to the commencement of
     8  any authorized professional combative sport.
     9    6. Except as otherwise provided in sections one thousand six  and  one
    10  thousand  seventeen  of this article, all professionals must be examined
    11  by a physician designated by the commission before entering the ring  or
    12  combat  surface  and each such physician shall immediately file with the
    13  commission a written report of such examination. The cost  of  any  such
    14  examination,  as  prescribed  by  a  schedule of fees established by the
    15  commission, shall be paid by the corporation conducting  the  authorized
    16  professional  combative sport to the commission. It shall be the duty of
    17  every person or corporation licensed to conduct  an  authorized  profes-
    18  sional  combative  sport,  to  have  in  attendance  at every authorized
    19  professional combative sport, at least one physician designated  by  the
    20  commission  as  the  rules shall provide. The commission may establish a
    21  schedule of fees to be paid by the licensee to cover the  cost  of  such
    22  attendance.
    23    7. The physician shall terminate any authorized professional combative
    24  sport  if in the opinion of such physician any professional has received
    25  severe punishment or is in danger of serious  physical  injury.  In  the
    26  event  of  any serious physical injury, such physician shall immediately
    27  render any emergency treatment necessary, recommend further treatment or
    28  hospitalization if required, and fully report the entire matter  to  the
    29  commission within twenty-four hours and if necessary, subsequently ther-
    30  eafter.  Such  physician  may also require that the injured professional
    31  and his or her manager remain in the ring or on the premises  or  report
    32  to  a  hospital after the contest for such period of time as such physi-
    33  cian deems advisable.  Any  professional  licensed  under  this  article
    34  rendered  unconscious  or  suffering  head  trauma  as determined by the
    35  attending physician shall  be  immediately  examined  by  the  attending
    36  commission physician and shall be required to undergo neurological exam-
    37  inations  by  a  neurologist including but not limited to magnetic reso-
    38  nance imaging or medically equivalent procedure.
    39    8. Such physician may enter the ring at any time during an  authorized
    40  professional  combative  sport  and may terminate the match if in his or
    41  her opinion the same is necessary to prevent severe punishment or  seri-
    42  ous physical injury to a professional.
    43    9.  Before  a  license  shall be granted to a person or corporation to
    44  conduct an authorized professional combative sport, the applicant  shall
    45  execute  and  file with the secretary of state a bond in an amount to be
    46  determined by the commission, to be approved as to form and  sufficiency
    47  of  sureties  thereon  by  the  secretary  of state, conditioned for the
    48  faithful performance by said corporation of the provisions of this arti-
    49  cle and the rules and regulations of the commission, and upon the filing
    50  and approval of said bond the secretary of state  shall  issue  to  said
    51  applicant  a certificate of such filing and approval, which shall be, by
    52  said applicant, filed in the office of the commission with its  applica-
    53  tion for license, and no such license shall be issued until such certif-
    54  icate  shall  be  filed.  In  case  of  default in such performance, the
    55  commission may impose upon the delinquent a penalty in the  sum  of  not
    56  more  than one thousand dollars for each offense, which may be recovered

        A. 2604--C                         11
 
     1  by the attorney-general in the name of the people of the  state  of  New
     2  York  in  the  same  manner as other penalties are recovered by law; any
     3  amount so recovered shall be paid into the treasury.
     4    10.  In  addition  to  the  bond  required by subdivision nine of this
     5  section, each applicant for a license to conduct an  authorized  profes-
     6  sional  combative  sport  shall  execute  and file with the secretary of
     7  state a bond in an amount to be  determined  by  the  commission  to  be
     8  approved as to form and sufficiency of sureties thereon by the secretary
     9  of state, conditioned for and guaranteeing the payment of professionals'
    10  and  professional wrestlers' purses, salaries of club employees licensed
    11  by the commission, and the legitimate expenses of printing  tickets  and
    12  all advertising material.
    13    11.  All persons, parties or corporations having licenses as promoters
    14  or who are licensed in accordance with section one thousand seventeen of
    15  this article shall continuously provide accident insurance or such other
    16  form of financial guarantee deemed acceptable by the commission, for the
    17  protection of licensed professionals and professional wrestlers, appear-
    18  ing in authorized professional combative  sports  or  wrestling  exhibi-
    19  tions.  Such  accident  insurance  or  financial guarantee shall provide
    20  coverage to the licensed professional for: medical, surgical and  hospi-
    21  tal  care,  with  a minimum limit of fifty thousand dollars for injuries
    22  sustained while participating in any program operated under the  control
    23  of such licensed promoter and for a payment of fifty thousand dollars to
    24  the  estate  of  any  deceased athlete where such death is occasioned by
    25  injuries received in this state during the course of a program in  which
    26  such  licensed  professional or professional wrestler participated under
    27  the promotion or control of any licensed promoter; and, medical,  surgi-
    28  cal  and  hospital  care with a minimum limit of one million dollars for
    29  the treatment of a life-threatening brain injury sustained in a  program
    30  operated under the control of such licensed promoter, where an identifi-
    31  able,  causal  link  exists  between the professional licensee's partic-
    32  ipation in such program and the  life-threatening  brain  injury.  Where
    33  applicable,  professional  licensees  shall  be  afforded  the option to
    34  supplement the premiums for the accident insurance or financial  guaran-
    35  tee  to increase the coverage beyond the minimum limits required by this
    36  subdivision.  The commission may from time  to  time,  promulgate  regu-
    37  lations  to  adjust  the  amount  of such minimum limits. The failure to
    38  provide such insurance as is required by this subdivision shall be cause
    39  for the suspension or the revocation of the license of  such  defaulting
    40  entity.
    41    12. (a) Every individual, corporation, association or club holding any
    42  professional  or  amateur  combative  sport,  including any professional
    43  wrestling match or exhibition, for which an admission fee is charged  or
    44  received,  shall  notify  the  athletic  commission at least ten days in
    45  advance of the holding of such contest. All tickets of admission to  any
    46  such  professional  or amateur combative sport or professional wrestling
    47  match or exhibition shall be procured from a printer duly authorized  by
    48  the  state  athletic  commission  to  print  such tickets and shall bear
    49  clearly upon the face thereof the purchase price and location of same.
    50    (b) Pursuant to direction by the commissioner of taxation and finance,
    51  employees or officers of the commission  shall  act  as  agents  of  the
    52  commissioner of taxation and finance to collect the tax imposed by arti-
    53  cle  nineteen  of the tax law. The athletic commission shall provide the
    54  commissioner of taxation and finance with such information and technical
    55  assistance as may be necessary for the  proper  administration  of  such
    56  tax.

        A. 2604--C                         12
 
     1    § 1016. Required filings. 1. The organization that promotes, sanctions
     2  or  otherwise participates in the proposition, selection, or arrangement
     3  of one or more professionals for a contest must file with the commission
     4  a written statement executed under penalty of perjury  stating  (a)  all
     5  charges,  expenses,  fees,  and  costs that will be assessed against any
     6  professional participating in the event;  (b)  all  payments,  benefits,
     7  complimentary  benefits and fees the organization or entity will receive
     8  for its affiliation with the event; (c) the name of  the  promoter;  (d)
     9  sponsor  of  the  event;  and  (e) all other sources, and such other and
    10  additional information as  required  by  the  commission.  Such  written
    11  statement  shall be filed in a form and manner acceptable to the commis-
    12  sion.
    13    2. The promoter, organizer, producer or another that  participates  in
    14  the  proposition, selection, or arrangement of one or more professionals
    15  for a contest must file with the commission a  written  statement  under
    16  penalty of perjury detailing all charges, fees, costs and expenses by or
    17  through  the  promoter  on  the  professional  pertaining  to the event,
    18  including any portion of the professional's purse that the promoter will
    19  receive and training expenses and all payments, gifts  or  benefits  the
    20  promoter  is  providing  to any sanctioning organization affiliated with
    21  the event. Such written statement shall be filed in a  form  and  manner
    22  acceptable to the commission.
    23    3.  The  promoter, organizer, producer or another that participates in
    24  the proposition, selection, or arrangement of one or more  professionals
    25  for  a  contest must file with the commission a copy of any agreement in
    26  writing to which the promoter is a party with any  professional  partic-
    27  ipating in the match.
    28    4.  All  contracts  calling  for  the services of a professional in an
    29  authorized professional combative sport and  entered  into  by  licensed
    30  promoters,  professionals  or  managers as one or more of the parties in
    31  such contracts, including those contracts which relate to the rights  to
    32  distribute,  televise  or otherwise transmit any authorized professional
    33  combative sport over the airwaves or by cable shall be  subject  to  the
    34  approval  of  the  commission and copies thereof shall be filed with the
    35  commission by such corporation, professional or  manager  within  forty-
    36  eight  hours after the execution of such contract and at least ten busi-
    37  ness days prior to any bouts, or the first of any series  of  bouts,  to
    38  which  they  relate.  The  commission may waive such filing deadline for
    39  good cause shown.
    40    § 1017. Professional wrestling; promoters. 1. For the purposes of this
    41  article, "professional  wrestling"  shall  mean  an  activity  in  which
    42  participants  struggle hand-in-hand primarily for the purpose of provid-
    43  ing entertainment to spectators and which does not comprise a bona  fide
    44  athletic contest or competition.
    45    2.  Every  person,  partnership  or  corporation promoting one or more
    46  professional wrestling exhibitions in this state shall  be  required  to
    47  obtain from the commission an annual license to conduct such exhibitions
    48  subject  to  terms and conditions promulgated by the commission pursuant
    49  to rule and consistent with the applicable provisions of  this  article.
    50  Each  applicant  shall  pay  an annual fee established by the commission
    51  pursuant to rule.
    52    3. A licensed promoter of a professional wrestling exhibition  in  the
    53  state  shall notify the athletic commission at least ten days in advance
    54  of the holding of the exhibition. Each such promoter shall  execute  and
    55  file with the comptroller a bond in an amount not less than twenty thou-
    56  sand dollars to be approved as to form and sufficiency of sureties ther-

        A. 2604--C                         13
 
     1  eon  by the comptroller, conditioned for and guaranteeing the payment of
     2  professional wrestler's purses, salaries of club employees  licensed  by
     3  the  commission,  the  legitimate  expenses  of printing tickets and all
     4  advertising  material,  payments  to  sponsoring  organizations, and the
     5  applicable state and local sales and compensating use tax.
     6    4. A licensed promoter of a professional  wrestling  exhibition  shall
     7  provide  for  a licensed physician to be present at each exhibition, and
     8  such physician shall examine each wrestler prior  to  each  performance,
     9  and  each such pre-performance examination shall be conducted in accord-
    10  ance with regulations prescribed by the commission.
    11    5. Every licensed promoter of professional wrestling who promotes  six
    12  or  more  exhibitions in the state in a calendar year must have in place
    13  an anti-drug plan and file with the commission a  written  copy  of  the
    14  plan.  Each  such  plan  shall address the use of a controlled substance
    15  defined in article thirty-three of the public health law, and such  plan
    16  shall at minimum provide for the following:
    17    (a)  dissemination  of educational materials to professional wrestlers
    18  who perform for any such promoter including a list of  prohibited  drugs
    19  and available rehabilitation services; and
    20    (b)  a  referral procedure to permit any such professional wrestler to
    21  obtain rehabilitation services.
    22    § 1018. Prohibited conduct. 1. No corporation or  person  shall  have,
    23  either  directly or indirectly, any financial interest in a professional
    24  boxer competing on premises  owned  or  leased  by  the  corporation  or
    25  person,  or  in which such corporation or person is otherwise interested
    26  except pursuant to the specific written authorization of the commission.
    27    2. No contestant in a boxing or sparring match or exhibition shall  be
    28  paid for services before the contest, and should it be determined by the
    29  commission that such contestant did not give an honest exhibition of his
    30  or her skill, such services shall not be paid for.
    31    3. Any person, including any corporation and the officers thereof, any
    32  physician, referee, judge, timekeeper, professional, manager, trainer or
    33  second,  who  shall promote, conduct, give or participate in any sham or
    34  collusive authorized professional combative sports, shall be deprived of
    35  his or her license by the commission and  any  other  appropriate  legal
    36  remedies.
    37    4.  No  licensed  promoter  or  matchmaker shall knowingly engage in a
    38  course of conduct in which fights are arranged  where  one  professional
    39  has  skills  or  experience significantly in excess of the other profes-
    40  sional so that a mismatch results with the potential of physical harm to
    41  the professional.
    42    § 1019. Penalties. 1. A person who knowingly advances or profits  from
    43  a  prohibited  combative sport shall be guilty of a class A misdemeanor,
    44  and shall be guilty of a class E felony if he or she has been  convicted
    45  in the previous five years of violating this subdivision.
    46    2.  Any  person  who  knowingly  advances or profits from a prohibited
    47  combative sport shall also be subject to a civil penalty not  to  exceed
    48  for the first violation ten thousand dollars or twice the amount of gain
    49  derived  therefrom  whichever  is greater, or for a subsequent violation
    50  twenty-five thousand dollars or twice the amount of gain derived  there-
    51  from  whichever  is greater. The attorney general is hereby empowered to
    52  commence judicial proceedings to recover such penalties  and  to  obtain
    53  injunctive relief to enforce the provisions of this section.
    54    3.  Any  person or corporation who directly or indirectly conducts any
    55  combative sport without first having procured an appropriate license, or
    56  having been designated an authorized sanctioning entity as prescribed in

        A. 2604--C                         14
 
     1  this article shall be guilty of a misdemeanor. Any  person  who  partic-
     2  ipates  in a combative sport as a referee, judge, match-maker, timekeep-
     3  er, professional, manager,  trainer,  or  second  without  first  having
     4  procured  an appropriate license as prescribed in this article, or where
     5  such combative sport is prohibited under this article shall be guilty of
     6  a misdemeanor. Any person, partnership or  corporation  who  promotes  a
     7  professional  wrestling  match  or exhibition in the state without first
     8  having procured an appropriate license in accordance  with  section  one
     9  thousand seventeen of this article, shall be guilty of a misdemeanor.
    10    4.  Any corporation, entity, person or persons, licensed, permitted or
    11  otherwise authorized under the provisions of this  article,  that  shall
    12  knowingly  violate  any rule or order of the commission or any provision
    13  of this article, in addition to any other  penalty  by  law  prescribed,
    14  shall  be  liable  to a civil penalty not to exceed ten thousand dollars
    15  for the first offense and not to exceed twenty-five thousand dollars for
    16  the second and each subsequent offense, to be imposed by the commission,
    17  to be sued for by the attorney-general in the name of the people of  the
    18  state  of  New  York  if directed by the commission. The commission, for
    19  cause shown, may extend the time for the payment of such penalty and, by
    20  compromise, may accept less than the amount of such penalty  as  imposed
    21  in  settlement  thereof.  For  the purposes of this section, each trans-
    22  action or statutory  violation  shall  constitute  a  separate  offense,
    23  except  that a second or subsequent offense shall not be deemed to exist
    24  unless a decision has been rendered in a prior, separate and independent
    25  proceeding.
    26    5. On the first infraction of rules or regulations promulgated  pursu-
    27  ant  to  subdivision  two  of section one thousand nine of this article,
    28  which infraction may include more than  one  individual  violation,  the
    29  commission  may  impose  a civil fine of up to two hundred fifty dollars
    30  for each health and safety violation and may suspend the training facil-
    31  ity's license until the violation or violations are corrected.   On  the
    32  second  such infraction, the commission may impose a civil fine of up to
    33  five hundred dollars for  each  health  and  safety  violation  and  may
    34  suspend   the   training  facility's  license  until  the  violation  or
    35  violations are corrected. On the third such infraction or for subsequent
    36  infractions, the commission may impose a  civil  fine  of  up  to  seven
    37  hundred  fifty  dollars  for  each  health  and safety violation and may
    38  revoke the training facility's license.
    39    6. Any individual, corporation, association or club failing  to  fully
    40  comply  with paragraph (a) of subdivision twelve of section one thousand
    41  fifteen of this article shall be subject to a penalty  of  five  hundred
    42  dollars  to  be  collected  by and paid to the department of state.  Any
    43  individual, corporation, association or club is prohibited from  operat-
    44  ing  any  shows  or exhibitions until all penalties due pursuant to this
    45  section and taxes, interest and penalties due pursuant to article  nine-
    46  teen of the tax law have been paid.
    47    7.  All  penalties  imposed  and  collected by the commission from any
    48  corporation, entity, person or persons licensed under the provisions  of
    49  this  article, which fines and penalties are imposed and collected under
    50  authority hereby vested shall within thirty days after the receipt ther-
    51  eof by the commission be paid by them into the state treasury.
    52    § 1020. Subpoenas by commission;  oaths.  The  commission  shall  have
    53  authority  to  issue, under the hand of its chairperson, and the seal of
    54  the commission, subpoenas for the attendance  of  witnesses  before  the
    55  commission.  A  subpoena issued under this section shall be regulated by
    56  the civil practice law and rules.

        A. 2604--C                         15
 
     1    § 1021. Exceptions. The provisions of this article except as  provided
     2  in  subdivision  twelve  of section one thousand fifteen of this article
     3  shall not be construed to apply to any sparring  or  boxing  contest  or
     4  exhibition  conducted  under  the  supervision or the control of the New
     5  York  state national guard or naval militia where all of the contestants
     6  are members of the active militia; nor to any such contest or exhibition
     7  where the contestants are all  amateurs,  sponsored  by  and  under  the
     8  supervision  of  any university, college, school or other institution of
     9  learning, recognized by the regents of the state of New York; nor to any
    10  business entity incorporated for the purposes of  providing  instruction
    11  and  evaluation  in  a  combative sport to customers for the purposes of
    12  health and fitness, personal development, self-defense or  participation
    13  in  amateur events conducted by an authorized sanctioning entity; nor to
    14  any such contest or exhibitions where the contestants are  all  amateurs
    15  sponsored  by  and under the supervision of the American Olympic Associ-
    16  ation or, in the case of boxing, the U.S.  Amateur Boxing Federation  or
    17  its  local affiliates or the American Olympic Association; nor except as
    18  to the extent provided otherwise in this article,  to  any  professional
    19  wrestling contest or exhibition as defined in this article. Any individ-
    20  ual, association, corporation or club, except elementary or high schools
    21  or  equivalent institutions of learning recognized by the regents of the
    22  state of New York, who or which conducts an amateur contest pursuant  to
    23  this  section  must register with the U. S. Amateur Boxing Federation or
    24  its local affiliates and abide by its rules and regulations.
    25    § 1022. Disposition of receipts. All receipts of the commission  shall
    26  be  paid  into the state treasury, provided, however, that receipts from
    27  the tax imposed by article nineteen of the tax law shall be deposited as
    28  provided by section one hundred seventy-one-a of the tax law.
    29    § 3. Subdivision 1 of section 451  of  the  tax  law,  as  amended  by
    30  section  1  of  part F of chapter 407 of the laws of 1999, is amended to
    31  read as follows:
    32    1. "Gross receipts from ticket  sales"  shall  mean  the  total  gross
    33  receipts  of  every person from the sale of tickets to any [professional
    34  or amateur boxing, sparring or wrestling match or exhibition] authorized
    35  combative sport held in this state, and without any deduction whatsoever
    36  for commissions, brokerage, distribution fees, advertising or any  other
    37  expenses, charges and recoupments in respect thereto.
    38    § 4. Section 451 of the tax law is amended by adding a new subdivision
    39  4 to read as follows:
    40    4. "Authorized combative sport" shall mean any combative sport author-
    41  ized pursuant to section one thousand one of the general business law.
    42    §  5. Section 452 of the tax law, as amended by section 2 of part F of
    43  chapter 407 of the laws of 1999, is amended to read as follows:
    44    § 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
    45  hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
    46  gross receipts of every  person  holding  any  professional  or  amateur
    47  boxing,  sparring  or  wrestling match or exhibition in this state. Such
    48  tax shall be imposed on such gross receipts, exclusive  of  any  federal
    49  taxes, as follows:
    50    (a)  three percent of gross receipts from ticket sales, except that in
    51  no event shall the tax imposed by this  [subdivision]  paragraph  exceed
    52  fifty thousand dollars for any match or exhibition;
    53    (b)  three  percent of gross receipts from broadcasting rights, except
    54  that in no event shall the tax imposed by this  [subdivision]  paragraph
    55  exceed fifty thousand dollars for any match or exhibition.

        A. 2604--C                         16
 
     1    2. On and after the effective date of this subdivision, a tax is here-
     2  by  imposed  and  shall  be paid upon the gross receipts of every person
     3  holding any authorized combative sport in this  state,  other  than  any
     4  professional  or  amateur  boxing,  sparring  or wrestling exhibition or
     5  match, exclusive of any federal taxes as follows:
     6    (a)  eight  and  one-half percent of gross receipts from ticket sales;
     7  and
     8    (b) three percent of the sum of (i) gross receipts  from  broadcasting
     9  rights,  and  (ii) gross receipts from digital streaming over the inter-
    10  net, except that in no event shall such tax  imposed  pursuant  to  this
    11  paragraph exceed fifty thousand dollars for any match or exhibition.
    12    §  6.    The article heading of article 19 of the tax law, as added by
    13  chapter 833 of the laws of 1987, is amended to read as follows:
    14           [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
    15                                 SPORTS TAX
    16    § 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
    17  amended by section 100 of part A of chapter 389 of the laws of 1997,  is
    18  amended to read as follows:
    19    (1)  Any  admission charge where such admission charge is in excess of
    20  ten cents to or for the use of any place  of  amusement  in  the  state,
    21  except  charges for admission to race tracks[, boxing, sparring or wres-
    22  tling matches or exhibitions] or  combative  sports  which  charges  are
    23  taxed  under  any  other  law of this state, or dramatic or musical arts
    24  performances, or live circus performances, or motion  picture  theaters,
    25  and  except  charges to a patron for admission to, or use of, facilities
    26  for sporting activities in which such patron is  to  be  a  participant,
    27  such  as  bowling  alleys  and swimming pools. For any person having the
    28  permanent use or possession of a box or seat or a lease  or  a  license,
    29  other  than  a season ticket, for the use of a box or seat at a place of
    30  amusement, the tax shall be upon the amount for which a similar  box  or
    31  seat is sold for each performance or exhibition at which the box or seat
    32  is used or reserved by the holder, licensee or lessee, and shall be paid
    33  by the holder, licensee or lessee.
    34    §  8.   The section heading of section 1820 of the tax law, as amended
    35  by section 32 of subpart I of part V-1 of chapter  57  of  the  laws  of
    36  2009, is amended to read as follows:
    37    [Boxing and wrestling exhibitions] Authorized combative sports tax.
    38    § 9.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
    39  beverage  control  law,  as added by chapter 254 of the laws of 2001, is
    40  amended to read as follows:
    41    (b) The prohibition contained in paragraph (a)  of  this  subdivision,
    42  however,  shall  not be applied to any [professional match or exhibition
    43  which consists of boxing, sparring, wrestling, or martial arts and which
    44  is excepted from the definition of the term "combative sport"  contained
    45  in  subdivision  one of section five-a of chapter nine hundred twelve of
    46  the laws of nineteen hundred twenty, as added by chapter fourteen of the
    47  laws of nineteen hundred ninety-seven] authorized combative sport.
    48    § 10. The department of  state,  with  the  assistance  of  the  state
    49  athletic  commission,  medical advisory board, departments of health and
    50  financial services, state insurance fund, division of  budget  and  such
    51  other  state entities as appropriate, shall carefully consider potential
    52  mechanisms to provide financial resources for the  payment  of  expenses
    53  related  to  medical  and rehabilitative care for professionals licensed
    54  under article forty-one of  the  general  business  law  who  experience
    55  debilitating  brain  injuries  associated  with repetitive head injuries
    56  sustained through their participation in combative sports.  The  depart-

        A. 2604--C                         17
 
     1  ment  of  state may consult and contract with third parties for services
     2  in the course of this review. The department of state shall  report  its
     3  findings and recommendations to the governor, temporary president of the
     4  senate  and speaker of the assembly within eighteen months of the effec-
     5  tive date of this section.  In addition to the foregoing, within  twelve
     6  months of the effective date of this section, the state athletic commis-
     7  sion shall make any recommendations to the governor, temporary president
     8  of  the senate and speaker of the assembly regarding legislative changes
     9  which may be necessary to effectuate the  purpose  and  intent  of  this
    10  chapter,  including,  but not limited to, appropriate adjustments to the
    11  insurance requirements contained therein.
    12    § 11. This act shall take effect on the first day of the  first  month
    13  next succeeding the one hundred twentieth day after it shall have become
    14  a law and shall apply to gross receipts from combative sports held on or
    15  after  that date; provided, however, that the addition, amendment and/or
    16  repeal of any rule or regulation of the state athletic commission neces-
    17  sary for the implementation of this act on its effective date is author-
    18  ized to be made on or before such effective date.
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