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A01981 Summary:

BILL NOA01981
 
SAME ASSAME AS S00503
 
SPONSORFarrell
 
COSPNSRSantabarbara, Markey, Cook, Benedetto, Blake, Mosley, Hooper
 
MLTSPNSRRivera, Skartados
 
Amd SS4, 5-a & 6, add S5-b, Chap 912 of 1920; amd SS2, 11, 14-a & 50, add S18-d, Work Comp L; amd SS451 & 452, Tax L
 
Establishes protocols for combative sports; authorizes mixed martial arts events in this state; establishes the New York Mixed Martial Arts Injury Compensation Fund, Inc.; establishes procedures for applications for licenses; establishes penalties for violations; provides for benefits secured by the NYMMAICF; imposes taxes on gross receipts of such events.
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A01981 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1981
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2015
                                       ___________
 
        Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
          tee on Tourism, Parks, Arts and Sports Development
 
        AN ACT to amend chapter 912 of the laws of 1920 relating  to  the  regu-
          lation  of boxing, sparring and wrestling, in relation to establishing
          protocols for combative sports  and  authorizing  mixed  martial  arts
          events  in  this  state;  and in relation to establishing the New York
          mixed martial arts injury compensation fund, inc.; to amend the  work-
          ers' compensation law, in relation to benefits secured by the New York
          mixed  martial arts injury compensation fund; to amend the tax law, in
          relation to the imposition of a tax  on  the  gross  receipts  of  any
          person holding any professional or amateur boxing, sparring or wrestl-
          ing  match  or  exhibition,  or professional combative sports match or
          exhibition; and providing for the repeal of such provisions upon expi-
          ration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions 2, 3, 4, 5 and 6 of section 4 of chapter 912
     2  of the laws of 1920 relating to the regulation of boxing,  sparring  and
     3  wrestling, subdivisions 2 and 6 as amended by chapter 437 of the laws of
     4  2002  and subdivisions 3, 4 and 5 as added by chapter 603 of the laws of
     5  1981, are amended to read as follows:
     6    2. The advisory board shall have power and it shall be the duty of the
     7  board to prepare and submit to the commission for  approval  regulations
     8  and  standards  for  the physical examination of professional boxers and
     9  professional combative sports participants  including,  without  limita-
    10  tion,  pre-fight  and/or post-fight examinations and periodic comprehen-
    11  sive examinations. The board shall continue  to  serve  in  an  advisory
    12  capacity  to  the commission and from time to time prepare and submit to
    13  the commission for approval, such additional regulations  and  standards
    14  of  examination as in their judgment will safeguard the physical welfare
    15  of professional boxers licensed by the commission.  The  advisory  board
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00051-01-5

        A. 1981                             2
 
     1  shall  recommend  to  the  commission  from  time to time such qualified
     2  physicians, for the  purpose  of  conducting  physical  examinations  of
     3  professional  boxers  and professional combative sports participants and
     4  other  services  as the rules of the commission shall provide; and shall
     5  recommend to the commission a schedule of fees to be paid to  physicians
     6  for such examinations and other services as required by this act.
     7    3.  The  advisory  board  shall  develop appropriate medical education
     8  programs for all commission personnel involved in the conduct of  boxing
     9  and  sparring  matches  or  exhibitions or professional combative sports
    10  matches or exhibitions so that such personnel can recognize and act upon
    11  evidence of potential or actual adverse medical indications in a partic-
    12  ipant prior to or during the course of a match or exhibition.
    13    4. The advisory board shall review the credentials and performance  of
    14  each  commission  physician  on  an annual basis as a condition of reap-
    15  pointment of  each  such  physician,  including  each  such  physician's
    16  comprehension of the medical literature on boxing or professional comba-
    17  tive sports referred to in subdivision five of this section.
    18    5.  The advisory board shall recommend to the commission a compilation
    19  of medical publications on the medical aspects of boxing or professional
    20  combative sports which shall be maintained by the commission and be made
    21  available for review to all commission personnel involved in the conduct
    22  of any boxing or sparring match or exhibition or professional  combative
    23  sports match or exhibition.
    24    6. The advisory board shall also advise the commission on any study of
    25  equipment, procedures or personnel which will, in their opinion, promote
    26  the  safety  of  boxing  participants  and professional combative sports
    27  participants.
    28    § 2. Section 5-a of chapter 912 of the laws of 1920  relating  to  the
    29  regulation  of boxing, sparring and wrestling, as added by chapter 14 of
    30  the laws of 1997, is amended to read as follows:
    31    § 5-a. Combative sports. 1. Definitions. As used in this section:
    32    (a) "Board" means medical advisory board  as  established  in  section
    33  four of this act.
    34    (b)  A  "combative sport" shall mean any professional match or exhibi-
    35  tion other than boxing, sparring, wrestling or martial arts wherein  the
    36  contestants deliver, or are not forbidden by the applicable rules there-
    37  of from delivering kicks, punches or blows of any kind to the body of an
    38  opponent  or  opponents.  For  the  purposes  of  this section, the term
    39  "martial arts" shall include any professional match or exhibition  of  a
    40  single  discipline sanctioned by an organization approved by the commis-
    41  sion, including, but not limited to, any of the following organizations:
    42  U.S. Judo Association, U.S. Judo, Inc., U.S. Judo Federation,  U.S.  Tae
    43  Kwon  Do  Union,  North American Sport Karate Association, U.S.A. Karate
    44  Foundation, U.S. Karate, Inc., World  Karate  Association,  Professional
    45  Karate  Association,  Karate  International, International Kenpo Associ-
    46  ation, or World Wide Kenpo Association. The  commission  [is  authorized
    47  to]  shall  promulgate  regulations  which  would establish a process to
    48  allow for the inclusion or removal of martial  arts  organizations  from
    49  the above list. Such process shall include but not be limited to consid-
    50  eration  of  the  following  factors:    [(a)] (1) is the organization's
    51  primary purpose to provide instruction in self defense techniques; [(b)]
    52  (2) does the organization require  the  use  of  hand,  feet  and  groin
    53  protection during any competition or bout; and [(c)] (3) does the organ-
    54  ization  have  an  established  set  of rules that require the immediate
    55  termination of any competition or bout when any participant has received
    56  severe punishment or is in danger of suffering serious physical injury.

        A. 1981                             3
 
     1    (c) "Commission" means the state athletic commission as  provided  for
     2  in  section  one of this chapter or an agent of the commission acting on
     3  its behalf.
     4    (d)  "Mixed  martial  arts"  means  any  professional combative sports
     5  competition wherein the rules of such competition subject to the  appli-
     6  cable  limitations as set forth by the commission authorize professional
     7  combative sports matches or exhibitions between various fighting  disci-
     8  plines,  including the utilization of permitted martial arts techniques,
     9  including  striking,  kicking  and  grappling.  No  non-professional  or
    10  amateur  bout,  exhibition  or  participant  shall be authorized by this
    11  section.
    12    (e) "Professional combative sports participant" or "participant" shall
    13  mean a combative sports fighter who competes for a money prize or teach-
    14  es or pursues or assists in the practice of  mixed  martial  arts  as  a
    15  means  of  obtaining  a  livelihood  or  pecuniary gain, and any contest
    16  conforming to the rules, regulations and requirements of this section.
    17    (f) "Professional combative sports match or exhibition" shall mean any
    18  match or exhibition that  must  be  approved  by  the  commission  where
    19  professional  combative sports participants receive consideration of any
    20  value or an admission is charged.
    21    1-a. Commission review. The commission shall review each martial  arts
    22  sanctioning  organization,  including those listed in subdivision one of
    23  this section, at least biennially, or  sooner  if  determined  necessary
    24  based  upon  the periodic compliance checks or complaints to the commis-
    25  sion, to  determine  continuation  of  the  commission's  approval.  The
    26  commission  shall  continue approval or shall suspend or revoke approval
    27  based upon compliance of the organization with the approved  sanctioning
    28  standards  and  its  ability  to  supervise  matches in the state.   The
    29  commission shall act upon any application for inclusion in the  list  in
    30  paragraph  (b)  of  subdivision one of this section within sixty days of
    31  the date such application is made to the commission.
    32    1-b. Mixed martial arts competition. (a) The commission shall  promul-
    33  gate  rules and regulations to allow for mixed martial arts competitions
    34  to be conducted, held, or given within the state of New York  and  shall
    35  allow  for licenses to be approved by the commission for such matches or
    36  exhibitions. The commission is authorized to promulgate rules and  regu-
    37  lations  to carry out the provisions of this subdivision. Such rules and
    38  regulations shall include, but  not  be  limited  to,  the  adoption  of
    39  unified rules of mixed martial arts, a licensing process for matches and
    40  exhibitions,  a  fee schedule for such licenses, procedures to allow for
    41  the participation, promotion, and advancement of such events, the health
    42  and safety of participants, and the best interests of mixed martial arts
    43  and the adoption of rules and regulations for licensing  and  regulation
    44  of  any and all gyms, clubs, training camps and other organizations that
    45  maintain training facilities providing contact sparring for persons  who
    46  prepare for participation in such professional combative sports or exhi-
    47  bitions, except as otherwise provided in this section.
    48    (b)  The  commission  is  authorized  and directed to require that all
    49  sites wherein professional combative sports are conducted  shall  comply
    50  with  state  and  applicable  local sanitary codes appropriate to school
    51  athletic facilities.
    52    2. [No combative sport shall be conducted, held or  given  within  the
    53  state of New York, and no licenses may be approved by the commission for
    54  such matches or exhibitions.
    55    3.  (a)  A  person  who knowingly advances or profits from a combative
    56  sport activity shall be guilty of a class A misdemeanor,  and  shall  be

        A. 1981                             4

     1  guilty of a class E felony if he or she has been convicted in the previ-
     2  ous five years of violating this subdivision.
     3    (b)  A  person  advances a combative sport activity when, acting other
     4  than as a spectator, he or she engages in conduct which materially  aids
     5  any combative sport. Such conduct includes but is not limited to conduct
     6  directed  toward  the creation, establishment or performance of a comba-
     7  tive sport, toward the acquisition or maintenance of premises, parapher-
     8  nalia, equipment or  apparatus  therefor,  toward  the  solicitation  or
     9  inducement of persons to attend or participate therein, toward the actu-
    10  al  conduct of the performance thereof, toward the arrangement of any of
    11  its financial or promotional phases, or toward  any  other  phase  of  a
    12  combative  sport.  One  advances a combative sport activity when, having
    13  substantial proprietary or other  authoritative  control  over  premises
    14  being  used  with his or her knowledge for purposes of a combative sport
    15  activity, he or she permits such to occur or continue or makes no effort
    16  to prevent its occurrence or continuation.
    17    (c) A person profits from a combative sport activity when  he  or  she
    18  accepts  or  receives money or other property with intent to participate
    19  in the proceeds of a combative sport activity, or pursuant to an  agree-
    20  ment  or understanding with any person whereby he or she participates or
    21  is to participate in the proceeds of a combative sport activity.
    22    (d) Any person who knowingly advances  or  profits  from  a  combative
    23  sport  activity  shall  also be subject to a civil penalty not to exceed
    24  for the first violation ten thousand dollars or twice the amount of gain
    25  derived therefrom whichever is greater, or for  a  subsequent  violation
    26  twenty  thousand  dollars  or twice the amount of gain derived therefrom
    27  whichever is greater.  The  attorney  general  is  hereby  empowered  to
    28  commence  judicial  proceedings  to recover such penalties and to obtain
    29  injunctive relief to enforce the provisions of  this  section.]  Profes-
    30  sional combative sports matches and exhibitions authorized. No combative
    31  sports  match or exhibition shall be conducted, held or given within the
    32  state except in accordance with the provisions of this section  and  the
    33  rules  and  regulations  promulgated by the commission pursuant thereto.
    34  The commission shall direct a representative to be present at each place
    35  where combative sports are to be held pursuant to the provisions of this
    36  section.  Such  representative  shall  ascertain  the  exact  conditions
    37  surrounding  such  match  or exhibition and make a written report of the
    38  same in the manner and form prescribed by the commission. Such combative
    39  sports matches or exhibitions may be held in any building for which  the
    40  commission  in  its  discretion may issue a license. Where such match or
    41  exhibition is authorized to be held in a state or city owned armory, the
    42  provision of the military law in respect thereto must be complied  with,
    43  but  no such match or exhibition shall be held in a building wholly used
    44  for religious services.
    45    3. Jurisdiction of commission. (a) The commission shall have and here-
    46  by is vested with the sole direction, management, control and  jurisdic-
    47  tion over all professional combative sports matches or exhibitions to be
    48  conducted,  held  or  given  within  the  state of New York and over all
    49  licenses to any and all persons who participate in such combative sports
    50  matches or exhibitions and over any and all gyms, clubs, training  camps
    51  and  other  organizations  that  maintain  training facilities providing
    52  contact sparring for persons  who  prepare  for  participation  in  such
    53  professional  combative  sports  or  exhibitions,  except  as  otherwise
    54  provided in this section.
    55    (b) The commission is authorized and  directed  to  require  that  all
    56  sites  wherein  professional combative sports are conducted shall comply

        A. 1981                             5
 
     1  with state and applicable local sanitary  codes  appropriate  to  school
     2  athletic facilities.
     3    4.  Entities  required  to  procure  licenses;  professional combative
     4  sports participants defined. Except as otherwise provided in subdivision
     5  six of this section, all corporations, persons, limited liability compa-
     6  nies, referees, judges, corporation treasurers,  professional  combative
     7  sports  participants,  their  managers,  promoters,  trainers  and chief
     8  seconds shall be licensed by the commission, and no such entity shall be
     9  permitted to participate, either directly or indirectly, in any  profes-
    10  sional  combative  sports  match  or exhibition, or the holding thereof,
    11  unless such entity shall have first procured a license from the  commis-
    12  sion.  The  commission  shall establish by rule and regulation licensing
    13  standards for referees, judges, managers, promoters, trainers and  chief
    14  seconds.    Any match or exhibition conforming to the rules, regulations
    15  and requirements of this section shall be deemed to  be  a  professional
    16  combative sports match or exhibition.
    17    5.  License  to  entities.  (a) The commission may, in its discretion,
    18  issue a license to conduct or hold professional combative sports matches
    19  or exhibitions, subject to the provisions hereof, to any person,  corpo-
    20  ration or limited liability company duly incorporated or formed, herein-
    21  after referred to as "entity".
    22    (b) A prospective licensee must submit to the commission proof that it
    23  can furnish suitable premises in which such match or exhibition is to be
    24  held.
    25    (c)  Upon written application and the payment of a fee of five hundred
    26  dollars which must accompany the application, the commission  may  grant
    27  to any entity holding a license issued hereunder, the privilege of hold-
    28  ing such a match or exhibition on a specified date in other premises, or
    29  in  another  location, than the premises of location previously approved
    30  by the commission, subject however to approval of the commission and the
    31  rules and regulations of the commission.
    32    (d) All penalties imposed and collected by  the  commission  from  any
    33  entity licensed under the provisions of this act, which fines and penal-
    34  ties  are  imposed and collected under the authority hereby vested shall
    35  within thirty days after the receipt thereof by the commission  be  paid
    36  by them into the state treasury.
    37    6. Temporary working permits for professional combative sports partic-
    38  ipants,  managers,  trainers and chief seconds. The commission may issue
    39  temporary working permits to professional combative sports participants,
    40  their managers, trainers and chief seconds. A temporary  working  permit
    41  shall authorize the employment of the holder of such permit to engage in
    42  a  single match or exhibition at a specified time and place. A temporary
    43  working permit may be issued if in the judgment of  the  commission  the
    44  participation  of  the holder thereof in a professional combative sports
    45  match or exhibition will be consistent with the purposes and  provisions
    46  of  this  section, the best interests of combative sports generally, and
    47  the public  interest,  convenience  or  necessity.  The  commission  may
    48  require  that  professional  combative  sports participants applying for
    49  temporary working permits undergo a physical  examination,  neurological
    50  or  neuropsychological  test or procedure, including computed tomography
    51  or medically equivalent procedure. The fee for  such  temporary  working
    52  permit shall be twenty dollars.
    53    7.  License  fees;  term  of  licenses; renewals. Each applicant for a
    54  promoter license shall, before a license is issued  by  the  commission,
    55  pay  to  the  commission,  an  annual license fee as follows:  where the
    56  seating capacity is not  more  than  two  thousand  five  hundred,  five

        A. 1981                             6
 
     1  hundred  dollars;  where  the seating capacity is more than two thousand
     2  five hundred but not more than  five  thousand,  one  thousand  dollars;
     3  where  the seating capacity is more than five thousand but not more than
     4  fifteen  thousand,  one thousand five hundred dollars; where the seating
     5  capacity is more than fifteen thousand but  not  more  than  twenty-five
     6  thousand,  two thousand five hundred dollars; where the seating capacity
     7  is more than twenty-five thousand, three thousand five hundred  dollars;
     8  referee,  one hundred dollars; judges, one hundred dollars; professional
     9  combative sports participants, fifty dollars; managers,  fifty  dollars;
    10  trainers,  fifty dollars; and chief seconds, forty dollars. Each license
    11  or renewal thereof issued pursuant to this subdivision on or after Octo-
    12  ber first shall be effective for a license year expiring on the  thirti-
    13  eth  day  of  September  following  the date of its issuance. The annual
    14  license fee prescribed by this subdivision shall be the license fee  due
    15  and  payable  therefor and shall be paid in advance at the time applica-
    16  tion is made therefor, and each such license may be renewed for  periods
    17  of  one  year  upon  the payment of the annual license fee prescribed by
    18  this subdivision. Within three years from the date of payment  and  upon
    19  the  audit of the comptroller, the commission may refund any fee, unfor-
    20  feited posted guarantee or tax paid pursuant to this section, for  which
    21  no  license  is  issued or no service rendered or refund that portion of
    22  the payment that is in excess of the amount prescribed by statute.
    23    8. Application for license; fingerprints. (a) Every application for  a
    24  license shall be in writing, shall be addressed to the commission, shall
    25  be  subscribed  by  the applicant, and affirmed by him as true under the
    26  penalties of perjury, and shall set forth such facts as  the  provisions
    27  hereof and the rules and regulations of the commission may require.
    28    (b)  When an application is made for a license under this section, the
    29  commission may cause the fingerprints of  such  applicant,  or  if  such
    30  applicant  be  a corporation, of the officers of such corporation, or if
    31  such applicant be a limited  liability  company,  the  manager  of  such
    32  limited  liability company to be taken in duplicate. The applicant shall
    33  be responsible for the cost of having his fingerprints taken.   If  such
    34  fingerprints are taken, one copy shall be transmitted to the division of
    35  criminal  justice  services in accordance with the rules and regulations
    36  of the division of criminal justice services and  one  shall  remain  on
    37  file  in  the  office  of  the  commission.  No  such fingerprint may be
    38  inspected by any person, other than a peace officer, except on order  of
    39  a judge or justice of a court of record.  The division is hereby author-
    40  ized  to transmit criminal history information to the commission for the
    41  purposes of this paragraph.  The information obtained by any such  fing-
    42  erprint  examination  shall be for the guidance of the commission in the
    43  exercise of its discretion in granting or withholding the license.   The
    44  commission shall provide such applicant with a copy of his or her crimi-
    45  nal  history  record,  if  any,  together with a copy of article twenty-
    46  three-A of the correction law, and inform such applicant of his  or  her
    47  right  to seek correction of any incorrect information contained in such
    48  record pursuant to regulations and procedures established by  the  divi-
    49  sion  of  criminal justice services. All determinations to issue, renew,
    50  suspend or revoke a license shall be made in accordance with subdivision
    51  sixteen of section two hundred ninety-six of the executive law and arti-
    52  cle twenty-three-A of the correction law.
    53    9. Standards for the issuance of licenses. (a) If in the  judgment  of
    54  the  commission  the financial responsibility, experience, character and
    55  general fitness of an applicant, including in the case  of  corporations
    56  its  officers  and stockholders, are such that the participation of such

        A. 1981                             7
 
     1  applicant will be  consistent  with  the  best  interests  of  combative
     2  sports,  the  purposes  of  this section including the safety of profes-
     3  sional combative  sports  participants,  and  in  the  public  interest,
     4  convenience  or  necessity,  the  commission  shall  grant  a license in
     5  accordance with the provisions contained in this subdivision.
     6    (b) Any professional  combative  sports  participant  applying  for  a
     7  license  or  renewal of a license under this subdivision shall undergo a
     8  comprehensive physical examination including clinical  neurological  and
     9  neuropsychological  examinations  by a physician approved by the commis-
    10  sion. If, at the time of such examination, there is  any  indication  of
    11  brain  injury,  or for any other reason the physician deems it appropri-
    12  ate, the professional combative sports participant shall be required  to
    13  undergo  further  neurological  and neuropsychological examinations by a
    14  neurologist including, but not limited  to,  a  computed  tomography  or
    15  medically equivalent procedure. The commission shall not issue a license
    16  to  a  professional combative sports participant until such examinations
    17  are completed and reviewed by the commission. The results  of  all  such
    18  examinations  herein  required  shall  become a part of the professional
    19  combative sports participant's permanent medical record as maintained by
    20  the commission. The cost of all such examinations  called  for  in  this
    21  subdivision  shall  be  assumed  by  the  state if such examinations are
    22  performed by a physician or neurologist approved by the commission.
    23    (c) Any professional combative sports participant licensed under  this
    24  chapter shall, as a condition of licensure, waive right of confidential-
    25  ity  of  medical records relating to treatment of any physical condition
    26  which relates to his ability to fight. All medical reports submitted to,
    27  and all medical records of the medical advisory board or the  commission
    28  relative  to  the  physical examination or condition of combative sports
    29  participants shall be considered confidential,  and  shall  be  open  to
    30  examination  only to the commission or its authorized representative, to
    31  the licensed participant, manager or chief second upon written  applica-
    32  tion  to examine said records, or upon the order of a court of competent
    33  jurisdiction in an appropriate case.
    34    10. Financial interest in professional combative  sports  participants
    35  prohibited.  No  entity  shall  have, either directly or indirectly, any
    36  financial  interest  in  a  professional  combative  sports  participant
    37  competing  on  premises  owned or leased by the entity, or in which such
    38  entity is otherwise interested except pursuant to the  specific  written
    39  authorization of the commission.
    40    11. Payments not to be made before contests. No professional combative
    41  sports  participant  shall  be paid for services before the contest, and
    42  should it be determined by the commission that such participant did  not
    43  give  an  honest exhibition of his skill, such service shall not be paid
    44  for.
    45    12. Sham or collusive events. (a) Any  person,  including  any  corpo-
    46  ration and the officers thereof, any physician, limited liability compa-
    47  ny,  referee, judge, professional combative sports participant, manager,
    48  trainer or chief second, who shall promote, conduct, give or participate
    49  in any sham or collusive professional combative sports match or  exhibi-
    50  tion, shall be deprived of his license by the commission.
    51    (b)  No  licensed entity shall knowingly engage in a course of conduct
    52  in which  professional  combative  sports  matches  or  exhibitions  are
    53  arranged  where one professional combative sports participant has skills
    54  or experience significantly in excess of the other  professional  comba-
    55  tive sports participant so that a mismatch results with the potential of
    56  physical  harm to the professional combative sports participant. If such

        A. 1981                             8
 
     1  action occurs, the commission may  exercise  its  powers  to  discipline
     2  under  subdivisions thirteen and fourteen of this section, provided that
     3  nothing in this subdivision shall authorize the commission to  intervene
     4  or  prohibit  a professional combative sports match or exhibition solely
     5  on the basis of the difference between respective participant's  martial
     6  arts disciplines.
     7    13. Imposition of penalties for violations. Any entity, licensed under
     8  the provisions of this section, that shall knowingly violate any rule or
     9  order of the commission or any provision of this section, in addition to
    10  any  other penalty by law prescribed, shall be liable to a civil penalty
    11  not exceeding five thousand dollars to be imposed by the commission,  to
    12  be  sued  for  by  the attorney general in the name of the people of the
    13  state of New York if directed by  the  commission.  The  amount  of  the
    14  penalty  collected by the commission or recovered in any such action, or
    15  paid to the commission upon a compromise as hereinafter provided,  shall
    16  be  transmitted  by  the department of state into the state treasury and
    17  credited to the general fund.  The  commission,  for  cause  shown,  may
    18  extend  the time for the payment of such penalty and, by compromise, may
    19  accept less than the amount of such penalty  as  imposed  in  settlement
    20  thereof.
    21    14. Revocation or suspension of licenses. (a) Any license issued under
    22  the  provisions  of  this  section  may  be  revoked or suspended by the
    23  commission for the reason therein stated, that the licensee has, in  the
    24  judgment  of  the  commission,  been guilty of an act detrimental to the
    25  interests of combative sports  generally  or  to  the  public  interest,
    26  convenience or necessity.
    27    (b)  Without  otherwise  limiting  the discretion of the commission as
    28  provided in this section, the commission may suspend or revoke a license
    29  or refuse to renew or issue a license, if it shall find that the  appli-
    30  cant  or participant: (1) has been convicted of a crime in any jurisdic-
    31  tion; (2) is associating or  consorting  with  any  person  who  has  or
    32  persons who have been convicted of a crime or crimes in any jurisdiction
    33  or  jurisdictions;  (3)  has  been  guilty  of or attempted any fraud or
    34  misrepresentation in connection with combative sports; (4) has  violated
    35  or  attempted to violate any law with respect to combative sports in any
    36  jurisdiction or any rule, regulation or  order  of  the  commission,  or
    37  shall  have  violated any rule of combative sports which shall have been
    38  approved or adopted by the commission, or has been guilty of or  engaged
    39  in  similar, related or like practices; or (5) has not acted in the best
    40  interest of mixed martial arts.   All determinations  to  issue,  renew,
    41  suspend or revoke a license shall be made in accordance with subdivision
    42  sixteen of section two hundred ninety-six of the executive law and arti-
    43  cle twenty-three-A of the correction law as applicable.
    44    (c)  No  such  participant  may, under any   circumstances, compete or
    45  appear in a professional combative sports  match  or  exhibition  within
    46  ninety  days  of having suffered a knockout or technical knockout in any
    47  such match or exhibition without clearance by the board, or within nine-
    48  ty days of being rendered unconscious in any such  match  or  exhibition
    49  where  there  is  evidence of head trauma as determined by the attending
    50  commission physician and shall undergo  such  examinations  as  required
    51  under  paragraph  (b) of subdivision twenty of this section. The profes-
    52  sional combative sports participant shall be considered  suspended  from
    53  professional  combative  sports matches or exhibitions by the commission
    54  and shall forfeit his license to the commission during such  period  and
    55  such  license shall not be returned to the participant until the partic-
    56  ipant has met all requirements, medical and otherwise, for reinstatement

        A. 1981                             9
 
     1  of such license. All such suspensions shall be recorded in  the  partic-
     2  ipant's license by a commission official.
     3    (d)  The  commission may at any time suspend, revoke or deny a partic-
     4  ipant's license or temporary working permit for medical reasons  at  the
     5  recommendation of the board.
     6    (e)  Notwithstanding  any  other  provision of law, if any other state
     7  shall revoke a licensee's license to compete or appear in a professional
     8  combative sports match or exhibition in that state based  on  a  knowing
     9  and  intentional  engagement  in any prohibited practices of such state,
    10  the commission may act to revoke any license to compete or appear  in  a
    11  professional  combative sports match or exhibition issued to such licen-
    12  see pursuant to the provisions of this section.
    13    (f) The commission may suspend any license it has issued  by  a  dated
    14  notice  to that effect to the suspended licensee, mailed or delivered to
    15  the licensee, and specifying the effective date and term of the  suspen-
    16  sion, provided however that the commission representative in charge of a
    17  contest or exhibition may then and there temporarily suspend any license
    18  issued  by  the commission without such notice. In the event of a tempo-
    19  rary suspension, the commission shall mail or deliver the notice to  the
    20  suspended  licensee  within  three  business  days  after  the temporary
    21  suspension. In either case such suspension may be  without  any  advance
    22  hearing.  Upon  the  receipt of such notice of suspension, the suspended
    23  licensee may apply to the commission for a  hearing  on  the  matter  to
    24  determine  whether such suspension should be rescinded. Such application
    25  for a hearing must be in writing and must be received by the  commission
    26  within  thirty  days after the date of notice of suspension. The commis-
    27  sion shall have the authority to revoke any license issued by it. Before
    28  any license is so revoked, the licensee will be offered the  opportunity
    29  at  a  hearing  held by or on behalf of the commission to show cause why
    30  the license should not be revoked. The commission shall offer the oppor-
    31  tunity for a hearing to an  affected  person  before  taking  any  final
    32  action negatively affecting such person's individual privileges or prop-
    33  erty  granted  by  a license duly issued by the commission or a contract
    34  approved by and filed with the commission. In all such hearings,  licen-
    35  sees  and other witnesses shall testify under oath or affirmation, which
    36  may be administered by any commissioner or authorized representative  of
    37  the  commission actually present. The commission shall be the sole judge
    38  of the relevancy and competency of testimony  and  other  evidence,  the
    39  credibility  of witnesses, and the sufficiency of evidence. Hearings may
    40  be conducted by representatives of the commission in the  discretion  of
    41  the commission. In such cases, the commission representatives conducting
    42  the  hearing  shall  submit  findings of fact and recommendations to the
    43  commission, which shall not be binding on the commission.
    44    15. Advertising matter to state admission price. It shall be the  duty
    45  of  every entity promoting or conducting a professional combative sports
    46  match or exhibition subject to the provisions of this section  to  cause
    47  to  be inserted in each show card, bill, poster, newspaper advertisement
    48  of any professional combative sports match or exhibition  given  by  it,
    49  the  price  of  admission  thereto.  Violation of the provisions of this
    50  subdivision shall subject the entity to a fine of one hundred dollars.
    51    16. Tickets to indicate purchase price. All tickets  of  admission  to
    52  any such combative sports match or exhibition shall be controlled by the
    53  provisions  of article twenty-five of the arts and cultural affairs law.
    54  It shall be unlawful for any entity to admit to such match or exhibition
    55  a number of people greater than the seating capacity of the place  where
    56  such match or exhibition is held. Violation of this subdivision shall be

        A. 1981                            10
 
     1  a  misdemeanor  and  shall  be  punishable as such and in addition shall
     2  incur forfeiture of license.
     3    17.  Equipment  of buildings for matches or exhibitions. All buildings
     4  or structures used or intended to be used for  holding  or  giving  such
     5  professional  combative  sports matches or exhibitions shall be properly
     6  ventilated and provided with fire exits and fire  escapes,  and  in  all
     7  manner  conform  to  the  laws, ordinances and regulations pertaining to
     8  buildings in the city, town or village where situated.
     9    18. Age of participants and spectators.  No person under  the  age  of
    10  eighteen  years  shall  participate in any professional combative sports
    11  match or exhibition, and no person under sixteen years of age  shall  be
    12  permitted  to  attend  as  a spectator; provided, however, that a person
    13  under the age of sixteen shall be permitted to attend as a spectator  if
    14  accompanied by a parent or guardian.
    15    19.  Regulation  of  conduct of matches or exhibitions. (a) Except for
    16  championship matches, which shall not  be  more  than  five  rounds,  no
    17  combative  sports match or exhibition shall be more than three rounds in
    18  length.  No participant shall be allowed to  participate  in  more  than
    19  three  matches  or  exhibitions  or  compete for more than sixty minutes
    20  within seventy-two consecutive hours.  No participant shall  be  allowed
    21  to  compete in any such match or exhibition without wearing a mouthguard
    22  and a protective groin cup.  At each professional combative sports match
    23  or exhibition, there shall be in attendance a duly licensed referee  who
    24  shall  direct  and  control  the  same. Before starting such contest the
    25  referee shall ascertain from each participant the name of his manager or
    26  chief second, and shall hold such manager or  chief  second  responsible
    27  for  the  conduct  of  his  assistant seconds during the progress of the
    28  match or exhibition.   The  commission  shall  have  the  power  in  its
    29  discretion to declare forfeited any prize, remuneration or purse, or any
    30  part thereof, belonging to the participants or one of them, or the share
    31  thereof  of any manager or chief second if in its judgment, such partic-
    32  ipant or participants are not honestly competing or the  participant  or
    33  manager  or  chief  second  of  a  participant,  as the case may be, has
    34  committed an act in the premises in violation  of  any  rule,  order  or
    35  regulation  of  the  commission.  The  amount so forfeited shall be paid
    36  within forty-eight hours to the  commission.  There  shall  also  be  in
    37  attendance,  three  duly licensed judges who shall at the termination of
    38  each such combative sports match or exhibition  render  their  decision.
    39  The winner of such match or exhibition shall be determined in accordance
    40  with  a scoring system prescribed by the commission.  Provided, however,
    41  that a participant may terminate the contest by signalling to the refer-
    42  ee that such participant submits to the opponent.
    43    (b) The commission may by rule, regulation or order, require the pres-
    44  ence of any medical equipment and personnel at each professional  comba-
    45  tive  sports  match  or exhibition as is necessary or beneficial for the
    46  safety and protection of the contestants; and may also require the pres-
    47  ence of an ambulance or other apparatus at the site of any such match or
    48  exhibition or the promulgation of an  emergency  medical  plan  in  lieu
    49  thereof.
    50    (c) The commission shall prescribe by rule or regulation the responsi-
    51  bilities  of  managers,  trainers and chief seconds prior to, during and
    52  after a combative sports match or exhibition in  order  to  promote  the
    53  safety of the participants at all times.
    54    (d)  The  commission  shall  require  by  rule  or regulation that any
    55  professional combative sports participant licensed  under  this  section
    56  present  to a designated commission official, before each match or exhi-

        A. 1981                            11
 
     1  bition in which he fights in this state, a license which  shall  include
     2  but  not  be limited to the following information: (1) the participant's
     3  name, photograph, social security number, date of birth, and other iden-
     4  tifying  information;  (2)  the  participant's prior match or exhibition
     5  history including the dates, location, and decision of such  matches  or
     6  exhibitions;  and (3) the participant's medical history, relating to any
     7  physical condition, medical test or procedure which relates to his abil-
     8  ity to fight, and a record of all medical suspensions.
     9    20. Examination by physician; cost. (a) All participants must be exam-
    10  ined by a physician designated by the  commission  before  entering  the
    11  ring  and each such physician shall immediately file with the commission
    12  a written report of such examination. The cost of any such  examination,
    13  as prescribed by a schedule of fees established by the commission, shall
    14  be  paid by the entity conducting the match or exhibition to the commis-
    15  sion, which shall then pay the fee covering such cost to  the  examining
    16  physician, in accordance with the rules of the commission.
    17    (b)  Any professional combative sports participant licensed or permit-
    18  ted under this section rendered unconscious or suffering head trauma  as
    19  determined  by  the attending physician shall be immediately examined by
    20  the attending commission physician and  shall  be  required  to  undergo
    21  neurological   and  neuropsychological  examinations  by  a  neurologist
    22  including but not limited to a computed tomography or  medically  equiv-
    23  alent  procedure.  Any  participant  so  injured shall not appear in any
    24  match or exhibition until results of such examinations are  reviewed  by
    25  the  commission.  The  results  of all such examinations herein required
    26  shall become a part of the participant's permanent  medical  records  as
    27  maintained  by  the  commission  and  shall be used by the commission to
    28  determine whether a participant shall be  permitted  to  appear  in  any
    29  future  professional combative sports match or exhibition.  The costs of
    30  all such examinations called for in this paragraph shall be  assumed  by
    31  the entity or promoter if such examinations are performed by a physician
    32  approved by the commission.
    33    (c)  The  commission  may  at any time require a licensed or permitted
    34  participant to undergo a physical examination, including any  neurologi-
    35  cal or neuropsychological test or procedure. The cost of such exam shall
    36  be assumed by the state.
    37    21.  Physician  to  be in attendance; powers of such physician. (a) It
    38  shall be the duty of every entity licensed to conduct a combative sports
    39  match or exhibition, to have in attendance at every match or  exhibition
    40  at  least  one physician designated by the commission as the rules shall
    41  provide. The commission may establish a schedule of fees to be  paid  by
    42  the  licensee  to  cover the cost of such attendance. Such fees shall be
    43  paid to the commission, which shall then pay such fees to the physicians
    44  entitled thereto, in accordance with the rules of the commission.
    45    (b) The physician shall terminate any  professional  combative  sports
    46  match  or exhibition if in the opinion of such physician any participant
    47  has received severe punishment or is in danger of serious physical inju-
    48  ry. In the event of any serious physical injury,  such  physician  shall
    49  immediately  render any emergency treatment necessary, recommend further
    50  treatment or hospitalization if required, and fully  report  the  entire
    51  matter  to  the  commission  within  twenty-four hours and if necessary,
    52  subsequently thereafter.  Such  physician  may  also  require  that  the
    53  injured  participant  and his manager or chief second remain in the ring
    54  or on the premises or report to a hospital after the  contest  for  such
    55  period of time as such physician deems advisable.

        A. 1981                            12
 
     1    (c)  Such  physician  may  enter the ring at any time during a profes-
     2  sional combative sports match or exhibition and may terminate the  match
     3  or  exhibition if in his opinion the same is necessary to prevent severe
     4  punishment or serious physical injury to a participant.
     5    22.  Bond. Before a license shall be granted to an entity to conduct a
     6  professional combative sports match or exhibition, the  applicant  shall
     7  execute  and  file with the comptroller a bond in an amount to be deter-
     8  mined by the commission, to be approved as to form  and  sufficiency  of
     9  sureties  thereon  by  the  comptroller,  conditioned  for  the faithful
    10  performance by such entity of the provisions of  this  section  and  the
    11  rules  and  regulations  of  the  commission,  and  upon  the filing and
    12  approval of such bond the comptroller shall issue to  such  applicant  a
    13  certificate  of  such filing and approval, which shall be by such appli-
    14  cant filed in the office of the  commission  with  its  application  for
    15  license,  and  no  such  license  shall be issued until such certificate
    16  shall be filed. In case of default in such performance,  the  commission
    17  may impose upon the delinquent a penalty in the sum of not more than one
    18  thousand  dollars for each offense, which may be recovered by the attor-
    19  ney general in the name of the people of the state of New  York  in  the
    20  same  manner  as  other  penalties  are  recovered by law; any amount so
    21  recovered shall be paid into the treasury.
    22    23. Bond for purses, salaries and other expenses. In addition  to  the
    23  bond  required by subdivision twenty-two of this section, each applicant
    24  for a license to conduct professional combative sports matches or  exhi-
    25  bitions  shall execute and file with the comptroller a bond in an amount
    26  to be determined by the commission to be approved as to form and  suffi-
    27  ciency of sureties thereon by the comptroller, conditioned for and guar-
    28  anteeing  the  payment  of  professional  combative sports participants'
    29  purses, salaries of club employees licensed by the commission,  and  the
    30  legitimate expenses of printing tickets and all advertising material.
    31    24.  Duty  to  provide  insurance  for licensed professional combative
    32  sports participants.   (a) All entities  having  licenses  as  promoters
    33  shall  continuously  provide  insurance  for  the protection of licensed
    34  professional combative sports participants,  appearing  in  professional
    35  combative  sports matches or exhibitions.  Such insurance coverage shall
    36  provide for reimbursement to the licensed athlete for medical,  surgical
    37  and  hospital  care,  with a minimum limit of fifty thousand dollars for
    38  injuries sustained while participating in any program operated under the
    39  control of such licensed promoter and for a payment of one hundred thou-
    40  sand dollars to the estate of any deceased athlete where such  death  is
    41  occasioned  by injuries received during the course of a match or exhibi-
    42  tion in which such licensed athlete participated under the promotion  or
    43  control of any licensed promoter.  The commission may from time to time,
    44  in its discretion, increase the amount of such minimum limits.
    45    (b)  The  failure  to pay premiums on such insurance as is required by
    46  paragraph (a) of this subdivision shall be cause for the  suspension  or
    47  the revocation of the license of such defaulting promoter.
    48    25. Notice of contest; collection of tax. (a) Every entity holding any
    49  professional combative sports match or exhibition for which an admission
    50  fee  is  charged  or  received, shall notify the athletic commission ten
    51  days in advance of the holding of such contest. All tickets of admission
    52  to any such match or exhibition shall be procured from  a  printer  duly
    53  authorized  by  the  state athletic commission to print such tickets and
    54  shall bear clearly upon the face thereof the purchase price and location
    55  of same. An entity failing to fully comply with this  section  shall  be
    56  subject to a penalty of five hundred dollars to be collected by and paid

        A. 1981                            13
 
     1  to  the  department of state. An entity is prohibited from operating any
     2  matches or exhibitions until all penalties due pursuant to this subdivi-
     3  sion and taxes, interest and penalties due pursuant to article  nineteen
     4  of the tax law have been paid.
     5    (b) Pursuant to direction by the commissioner of taxation and finance,
     6  employees  or officers of the athletic commission shall act as agents of
     7  the commissioner of taxation and finance to collect the tax  imposed  by
     8  article  nineteen  of the tax law. The athletic commission shall provide
     9  the commissioner of taxation and finance with such information and tech-
    10  nical assistance as may be necessary for the  proper  administration  of
    11  such tax.
    12    26.  Regulation  of  judges. (a) Judges for any professional combative
    13  sports match or exhibition under  the  jurisdiction  of  the  commission
    14  shall  be  selected  by the commission from a list of qualified licensed
    15  judges maintained by the commission.
    16    (b) Any professional combative sport  participant,  manager  or  chief
    17  second may protest the assignment of a judge to a professional combative
    18  sports  match  or  exhibition  and the protesting professional combative
    19  sports participant, manager or chief second may be heard by the  commis-
    20  sion  or  its  designee  if  such  protest  is timely. If the protest is
    21  untimely it shall be summarily rejected.
    22    (c) Each person seeking to be licensed as a judge  by  the  commission
    23  shall  be  required  to submit to or provide proof of an eye examination
    24  and annually thereafter on  the  anniversary  of  the  issuance  of  the
    25  license. Each person seeking to be a professional combative sports judge
    26  in  the  state shall be certified as having completed a training program
    27  as approved by the commission and shall have passed a  written  examina-
    28  tion  approved by the commission covering aspects of professional comba-
    29  tive sports including, but not limited to, the rules of the  sport,  the
    30  law  of  the  state relating to the commission, and basic first aid. The
    31  commission shall establish continuing education programs to keep  licen-
    32  sees current on areas of required knowledge.
    33    (d)  Each  person  seeking  a  license  to be a professional combative
    34  sports judge in this state shall be required to  fill  out  a  financial
    35  questionnaire certifying under penalty of perjury full disclosure of the
    36  judge's  financial situation on a questionnaire to be promulgated by the
    37  commission. Such questionnaire shall be in a form and manner approved by
    38  the commission and shall provide information as to areas  of  actual  or
    39  potential   conflicts  of  interest  as  well  as  appearances  of  such
    40  conflicts, including financial responsibility. Within forty-eight  hours
    41  of any professional combative sports match or exhibition, each combative
    42  sports  judge  shall  file  with  the  commission a financial disclosure
    43  statement in such form and manner as shall be acceptable to the  commis-
    44  sion.
    45    (e)  Only a person licensed by the commission may judge a professional
    46  combative sports match or exhibition.
    47    27. Training facilities. (a) The commission may, in its discretion and
    48  in accordance with regulations adopted by the commission to protect  the
    49  health and safety of professional combative sport participants in train-
    50  ing,  issue  a  license to operate a training facility providing contact
    51  sparring maintained either exclusively or in part for the use of profes-
    52  sional combative sport participants. The regulations of  the  commission
    53  shall  include, but not be limited to, the following subjects to protect
    54  the health and safety of professional combative sport participants:
    55    (1) requirements for first aid materials to be stored in an accessible
    56  location on the premises and for the  presence  on  the  premises  of  a

        A. 1981                            14
 
     1  person trained and certified in the use of such materials and procedures
     2  for cardio-pulmonary resuscitation at all times during which the facili-
     3  ty is open for training purposes;
     4    (2) prominent posting adjacent to an accessible telephone of the tele-
     5  phone number for emergency medical services at the nearest hospital;
     6    (3)  clean and sanitary bathrooms, shower rooms, locker rooms and food
     7  serving and storage areas;
     8    (4) adequate ventilation and  lighting  of  accessible  areas  of  the
     9  training facility;
    10    (5) establishment of a policy concerning the restriction of smoking in
    11  training areas, including provisions for its enforcement by the facility
    12  operator;
    13    (6) compliance with state and local fire ordinances;
    14    (7) inspection and approval of rings as required by subdivision thirty
    15  of this section; and
    16    (8)  establishment  of  a  policy  for  posting all commission license
    17  suspensions and license revocations received from the commission includ-
    18  ing provisions for enforcement of such suspensions  and  revocations  by
    19  the facility operator.
    20    (b)  A  prospective licensee shall submit to the commission proof that
    21  it can furnish suitable facilities  in  which  the  training  is  to  be
    22  conducted,  including  the  making of such training facilities available
    23  for inspection by the commission at any time during which training is in
    24  progress.
    25    28. Temporary training facilities.  Any  training  facility  providing
    26  contact sparring established and maintained on a temporary basis for the
    27  purpose  of  preparing  a professional combative sport participant for a
    28  specific  professional  combative  sports  match  or  exhibition  to  be
    29  conducted,  held  or  given within the state of New York shall be exempt
    30  from this act insofar as it concerns the licensing  of  such  facilities
    31  if,  in the judgment of the commission, establishment and maintenance of
    32  such facility will be consistent with the  purposes  and  provisions  of
    33  this chapter, the best interests of professional combative sports gener-
    34  ally, and the public interest, convenience or necessity.
    35    29.  Weights;  classes and rules. The weights and classes of combative
    36  sport participants and the rules and regulations of professional  comba-
    37  tive sports shall be prescribed by the commission.
    38    30.  Rings  or fighting areas.  No professional combative sports match
    39  or exhibition or training activity shall be permitted  in  any  ring  or
    40  fighting  area  unless such ring or fighting area has been inspected and
    41  approved by the commission.  The  commission  shall  prescribe  standard
    42  acceptable size and quality requirements for rings or fighting areas and
    43  appurtenances thereto.
    44    31.  Misdemeanor. Any entity who intentionally, directly or indirectly
    45  conducts, holds or gives a professional combative sports match or  exhi-
    46  bition  or  participates either directly or indirectly in any such match
    47  or exhibition as a referee, judge, corporation  treasurer,  professional
    48  combative  sports  participant,  manager,  promoter,  trainer  or  chief
    49  second, without first having procured an appropriate license  or  permit
    50  as prescribed in this section shall be guilty of a misdemeanor.
    51    §  3.  Chapter  912  of the laws of 1920 relating to the regulation of
    52  boxing, sparring and wrestling, is amended by adding a new  section  5-b
    53  to read as follows:
    54    §  5-b.  New York mixed martial arts injury compensation fund, inc. 1.
    55  There is created a not-for-profit corporation to be  known  as  the  New
    56  York  mixed  martial arts injury compensation fund, inc. and referred to

        A. 1981                            15
 
     1  in this section as "the fund". To the extent that the provisions of  the
     2  not-for-profit  corporation  law  do not conflict with the provisions of
     3  this act, or the plan of operation of the fund hereunder,  the  not-for-
     4  profit  corporation  law shall apply to the fund and the fund shall be a
     5  type C corporation pursuant to the not-for-profit corporation law. If an
     6  applicable provision of this act or the plan of operation  of  the  fund
     7  hereunder  relates  to  a matter embraced in a provision of the not-for-
     8  profit corporation law but is not in conflict therewith, both provisions
     9  shall apply. The fund shall perform its  functions  under  the  plan  of
    10  operation established and approved under this section and shall exercise
    11  its  powers    through  the  state athletic commission who shall develop
    12  regulations as to the make-up of the fund's board of directors.
    13    2. (a) The board of directors shall consist of seven members,  six  of
    14  whom  are  to  be  selected from the general membership of the fund in a
    15  manner and for terms to be prescribed by the initial fund board. For the
    16  purposes of establishing and organizing the fund, at least  one  hundred
    17  fifty  days  prior  to the date that this section shall take effect, the
    18  boards of directors of the mixed martial arts organizations,  represent-
    19  ing at least fifty-one percent of the mixed martial arts matches utiliz-
    20  ing facilities of any mixed martial arts venue in the state of New York,
    21  shall  designate  six  members  who  shall serve as the initial board of
    22  directors of the fund. The seventh member shall  be  elected  every  two
    23  years  on  the  second  Tuesday  of  June, or as designated by the fund,
    24  pursuant to paragraph (b) of this subdivision by a vote of mixed martial
    25  arts contestants duly licensed pursuant to section five-a of  this  act.
    26  The  members of the board shall elect annually from the members a chair-
    27  person and a vice-chairperson  who  shall  act  as  chairperson  in  the
    28  absence  of the chairperson. Each member of the board of directors shall
    29  have equal voting rights with the others.
    30    (b) (1) The election of the seventh board member shall be conducted by
    31  an election administrator selected by the fund no  later  than  November
    32  fifteenth  of the year preceding the election. The fund shall inform the
    33  state athletic commission of its selection thereof. The fund shall enter
    34  into a contract with the election administrator  at  least  one  hundred
    35  twenty days prior to the date of the election. The fund shall be respon-
    36  sible  for costs associated with the contract with the election adminis-
    37  trator.
    38    (2) The election administrator may be the individual, organization, or
    39  corporation under contract with the fund to provide management  services
    40  as  of  November  fifteenth  of  the  year  preceding  the election. The
    41  election administrator shall devise and provide nominating petitions  to
    42  candidates,  shall  validate  such petitions upon submittal by verifying
    43  the eligibility of the mixed  martial  arts  contestants  to  sign  such
    44  petitions,  and  shall  be  responsible for the printing, dissemination,
    45  validation, and tabulation of  ballots  for  such  election.  The  state
    46  athletic  commission  shall  provide  a  list of all duly licensed mixed
    47  martial arts contestants in the state  of  New  York  to  the  fund  for
    48  purposes  of  validating  nominating petitions and ballots. The election
    49  administrator shall report the results of  the  election  to  the  state
    50  athletic  commission,  which  shall  then  certify  the  election of the
    51  seventh board member.
    52    (3) Any individual seeking election pursuant to this subdivision shall
    53  provide a nominating petition containing the signatures of no fewer than
    54  ten duly licensed mixed martial arts contestants eligible to  sign  such
    55  petition.  To  be  eligible  to sign such petition, a mixed martial arts
    56  contestant shall possess a valid license issued by  the  state  athletic

        A. 1981                            16
 
     1  commission as of March first in the year of the election. Such petitions
     2  may be signed by eligible mixed martial arts contestants beginning April
     3  first of an election year and shall be returned to the election adminis-
     4  trator  for  validation  no  later  than  the  first Monday of May of an
     5  election year. If a mixed  martial  arts  contestant's  license  expires
     6  between  March  second  and  the  first  Monday  of May and has not been
     7  renewed by the latter date, the election administrator shall  invalidate
     8  such  mixed  martial arts contestant's signature on the nominating peti-
     9  tion so submitted.
    10    (4) To be eligible to vote in the election, mixed martial arts contes-
    11  tants and apprentice mixed martial arts contestants must possess a valid
    12  mixed martial arts contestant's license at least thirty  days  prior  to
    13  the  date  of  the  election.  If  such  mixed martial arts contestant's
    14  license expires during the thirty days preceding the election  and  such
    15  license  has not been renewed as of the date of the election, such mixed
    16  martial arts contestant shall not be eligible to vote.
    17    (5) If, following an election of the seventh board member, such member
    18  is unable to discharge his or her duties as a board member or is  other-
    19  wise  unable  to  complete his or her term, the fund's chairperson shall
    20  offer the seventh board member's position to the candidate who  received
    21  the highest total number of votes following that received by the elected
    22  board  member  during the election. If such candidate declines to accept
    23  such position, the chairperson shall offer the position to each  remain-
    24  ing  candidate in descending order of the total number of votes received
    25  by each such  candidate  during  the  election  until  a  candidate  has
    26  accepted  the position. If none of the remaining candidates has accepted
    27  the position, the chairperson may appoint an interim member to the posi-
    28  tion for such time as intervenes until a new  seventh  board  member  is
    29  elected.
    30    3.  Members of the board of directors shall serve without compensation
    31  for their services, but shall be entitled to  reimbursement  for  actual
    32  and  necessary  expenses  incurred  in the performance of their official
    33  duties.
    34    4. Members of the board of directors, except as otherwise provided  by
    35  law, may engage in private employment, or in a profession or business.
    36    5.  The  affirmative  vote  of  four members of the board of directors
    37  shall be necessary for the transaction of any business or  the  exercise
    38  of  any  power  or function of the fund. The fund may delegate to one or
    39  more of its members, or its officers, agents or employees,  such  powers
    40  and duties as it may deem proper.
    41    6.  The fund shall secure health insurance coverage on a blanket basis
    42  for the benefit of all professional mixed martial arts  contestants  who
    43  participate  in and sustain physical injury as a result of participating
    44  in a New York state  sanctioned  mixed  martial  arts  event  and  cover
    45  liabilities  regardless of any length of time between a sanctioned match
    46  and the discovery of injury.
    47    7. In order to pay the costs of the insurance required by this section
    48  and to carry out its other powers and duties and to pay for any  of  its
    49  liabilities  the  fund  shall  ascertain the total funding necessary and
    50  establish the sums that are to be paid by all mixed martial arts  organ-
    51  izations  licensed  or  required  to be licensed under section five-a of
    52  this act to obtain the total funding amount required annually. In  order
    53  to  provide that any sum required to be paid by an organization be equi-
    54  table, the fund shall establish payment  schedules  which  reflect  such
    55  factors  as are appropriate, including where applicable, the duration of
    56  such participation, the amount of any  purse  earnings,  the  number  of

        A. 1981                            17
 
     1  mixed  martial  arts  contestants involved, or such other factors as the
     2  fund shall determine to be fair, equitable and in the best interests  of
     3  mixed  martial  arts.  In  no  event  shall  the amount deducted from an
     4  owner's  share  exceed five per centum of the overall take. In the cases
     5  of multiple ownerships the fund shall equitably adjust the sum required.
     6    8. (a) The fund shall submit to the state athletic commission  a  plan
     7  of  operation and any amendments thereto necessary or suitable to assure
     8  the fair, reasonable and equitable  administration  of  the  fund.  Such
     9  amendments, if any, relating to the assessment of the costs of insurance
    10  for  the  subsequent  year,  other than deficiency assessments, shall be
    11  submitted to the board no later than November fifteenth  of  each  year.
    12  The  plan of operation and any amendments thereto shall become effective
    13  upon approval in writing by the board, and shall  be  published  by  the
    14  fund  upon  such approval in one or more trade publications likely to be
    15  obtained by owners.
    16    (b) If the fund fails to submit a suitable plan  of  operation  within
    17  one  hundred eighty days following the effective date of this section or
    18  if at any time thereafter the fund fails to submit  suitable  amendments
    19  to  the  plan,  the  board  shall,  after  notice and hearing, adopt and
    20  promulgate such reasonable rules as are necessary or advisable to effec-
    21  tuate the provisions of this section. Such rules shall continue in force
    22  until modified by the board or superseded by a  plan  submitted  by  the
    23  fund and approved by the board.
    24    (c) The plan of operation shall constitute the by-laws of the fund and
    25  shall, in addition to requirements enumerated elsewhere in this section:
    26    (1) Establish procedures for handling the assets of the fund.
    27    (2)  Establish  regular  places and times for meetings of the board of
    28  directors.
    29    (3) Establish procedures for records to be kept of all financial tran-
    30  sactions of the fund, its agents and the board of directors.
    31    (4) Establish a formula for determining the appropriate amount of  the
    32  assessments under this section.
    33    (5)  Establish  the  rules  and procedures to govern the conduct of an
    34  election held pursuant to paragraph  (b)  of  subdivision  two  of  this
    35  section.
    36    (6)  Contain  such additional provisions as the board or fund may deem
    37  necessary or proper for the execution of the powers and  duties  of  the
    38  fund.
    39    9.  The  fund  shall  be  subject to examination and regulation by the
    40  state comptroller. The fund shall submit to the board not later than May
    41  first of each year, a financial report for the preceding  calendar  year
    42  in  a  form  approved by the board and a report of its activities during
    43  the preceding calendar year. Such  report  shall  be  delivered  to  the
    44  speaker of the assembly, the minority leader of the assembly, the tempo-
    45  rary president of the senate and the minority leader of the senate.
    46    10.  The  fund  shall be exempt from payment of all fees and all taxes
    47  levied by this state or any of its subdivisions, except taxes levied  on
    48  real property.
    49    11. The fund shall purchase such insurance as necessary to protect any
    50  director, officer, agent or other representative from liability.
    51    12.  The  fund and the state athletic commission shall have such power
    52  as is necessary to implement the provisions of this section.
    53    13. It shall be presumed any mixed martial artist who participates  in
    54  a  New York state sanctioned event and receives any form of neurological
    55  damage during the course of his or her lifetime, that the damage was the
    56  direct causation of the sanctioned match and is  entitled  to  the  full

        A. 1981                            18
 
     1  benefits  of  the  fund  over  the course of his or her lifetime for all
     2  necessary medical treatment and rehabilitation.
     3    §  4.  Section  6  of  chapter 912 of the laws of 1920 relating to the
     4  regulation of boxing, sparring and wrestling, as amended by chapter  437
     5  of the laws of 2002 and subdivision 1 as designated and subdivision 2 as
     6  added by chapter 673 of the laws of 2003, is amended to read as follows:
     7    §  6.  Jurisdiction  of  commission.  1. The commission shall have and
     8  hereby is vested with the sole direction, management, control and juris-
     9  diction over all such boxing and  sparring  matches  or  exhibitions  or
    10  professional  combative  sports  matches or exhibitions to be conducted,
    11  held or given within the state of New York and over all licenses to  any
    12  and  all  persons  who participate in such boxing or sparring matches or
    13  exhibitions or professional combative sports matches or exhibitions  and
    14  over  any  and  all  gyms, clubs, training camps and other organizations
    15  that maintain training facilities providing contact sparring for persons
    16  who prepare for participation in such  boxing  or  sparring  matches  or
    17  exhibitions or professional combative sports matches or exhibitions, and
    18  over the promotion of professional wrestling exhibitions or professional
    19  combative  sports  matches  or exhibitions to the extent provided for in
    20  sections 5, 9, 19, 20, 28-a, 28-b and 33 of this act, except  as  other-
    21  wise provided in this act.
    22    2. The commission is authorized and directed to require that all sites
    23  wherein  boxing,  sparring  and  wrestling  matches  and  exhibitions or
    24  professional combative sports matches or exhibitions are conducted shall
    25  comply with state and applicable local  sanitary  codes  appropriate  to
    26  school athletic facilities.
    27    §  5.  Subdivision 3 of section 2 of the workers' compensation law, as
    28  amended by chapter 392 of the laws  of  2008,  is  amended  to  read  as
    29  follows:
    30    3. "Employer," except when otherwise expressly stated, means a person,
    31  partnership,  association, corporation, and the legal representatives of
    32  a deceased employer, or the receiver or trustee of  a  person,  partner-
    33  ship,  association or corporation, having one or more persons in employ-
    34  ment, including the state, a municipal  corporation,  fire  district  or
    35  other political subdivision of the state, and every authority or commis-
    36  sion heretofore or hereafter continued or created by the public authori-
    37  ties  law.  For  the purposes of this chapter only "employer" shall also
    38  mean a person, partnership,  association,  corporation,  and  the  legal
    39  representatives  of a deceased employer, or the receiver or trustee of a
    40  person, partnership, association or corporation who delivers  or  causes
    41  to  be delivered newspapers or periodicals for delivering or selling and
    42  delivering by a newspaper carrier under the age  of  eighteen  years  as
    43  defined in section thirty-two hundred twenty-eight of the education law.
    44  For  the  purpose  of  this  chapter  only, "employer" shall also mean a
    45  person, partnership, association, or corporation who leases or otherwise
    46  contracts with an operator or lessee for the purpose of driving, operat-
    47  ing or leasing a taxicab as so defined in  section  one  hundred  forty-
    48  eight-a  of  the vehicle and traffic law, except where such person is an
    49  owner-operator of such taxicab who personally  regularly  operates  such
    50  vehicle an average of forty or more hours per week and leases such taxi-
    51  cab for some portion of the remaining time, and except if the taxicab is
    52  a  livery  subject  to section eighteen-c of this chapter, in which case
    53  the livery driver's employer shall only be such employer as  is  defined
    54  in  that  section. For the purposes of this section only, such an owner-
    55  operator shall be deemed to be an  employer  if  he  controls,  directs,

        A. 1981                            19
 
     1  supervises,  or has the power to hire or terminate such other person who
     2  leases the vehicle.
     3    Notwithstanding  any  other provision of this chapter and for purposes
     4  of this chapter only, "employer" shall mean, with respect to  a  jockey,
     5  apprentice  jockey or exercise person licensed under article two or four
     6  of the racing, pari-mutuel wagering and breeding law performing services
     7  for an owner or trainer in connection with the training or racing  of  a
     8  horse  at  a  facility of a racing association or corporation subject to
     9  article two or four of the racing, pari-mutuel wagering and breeding law
    10  and subject to the jurisdiction of the New York state racing and  wager-
    11  ing  board,  The  New York Jockey Injury Compensation Fund, Inc. and all
    12  owners and trainers who are licensed or required to  be  licensed  under
    13  article two or four of the racing, pari-mutuel wagering and breeding law
    14  at the time of any occurrence for which benefits are payable pursuant to
    15  this  chapter  in respect to the injury or death of such jockey, appren-
    16  tice jockey or exercise person.
    17    Notwithstanding any other provision of this chapter, and for  purposes
    18  of  this  chapter only, the employer of a black car operator, as defined
    19  in article six-F of the executive law, shall,  on  and  after  the  fund
    20  liability  date,  as  defined in such article, be the New York black car
    21  operators' injury compensation fund, inc. created pursuant to such arti-
    22  cle.
    23    For the purpose of this chapter only, whether a livery base  operating
    24  in  any  locality  where  liveries  must  register with a local taxi and
    25  limousine commission shall be deemed the "employer" of any livery driver
    26  engaging in covered services shall  be  determined  in  accordance  with
    27  section eighteen-c of this chapter.
    28    Notwithstanding  any other provision of this chapter, and for purposes
    29  of this chapter only, "employer" shall mean, with respect to  a  profes-
    30  sional  combative  sports  participant  licensed under section five-a of
    31  chapter nine hundred twelve of the laws of nineteen hundred twenty for a
    32  corporation, person or limited liability  company  licensed  under  such
    33  section  five-a  and the New York mixed martial arts injury compensation
    34  fund, inc.  created pursuant to such chapter of  the  laws  of  nineteen
    35  hundred twenty.
    36    §  6.  Subdivision  4 of section 2 of the workers' compensation law is
    37  amended by adding a new closing paragraph to read as follows:
    38    Notwithstanding any other provision of this chapter, and for  purposes
    39  of  this  chapter  only,  a  professional  combative  sports participant
    40  licensed under section five-a of chapter nine hundred twelve of the laws
    41  of nineteen hundred twenty  participating  in  combative  sports  for  a
    42  corporation,  person  or  limited  liability company licensed under such
    43  section five-a shall be regarded as the "employee"  not  only  for  such
    44  corporation,  person  or limited liability company, but shall instead be
    45  conclusively presumed to be the "employee" of the New York mixed martial
    46  arts injury compensation fund,  inc.,  and  also  of  all  corporations,
    47  persons  or  limited  liability  companies  licensed  or  required to be
    48  licensed under such section five-a at the time  of  any  occurrence  for
    49  which benefits are payable pursuant to this chapter in respect of injury
    50  or death of such sports participant.
    51    §  7.  Subdivision  5 of section 2 of the workers' compensation law is
    52  amended by adding a new closing paragraph to read as follows:
    53    Notwithstanding any other provision of this chapter, and for  purposes
    54  of  this  chapter  only,  a  professional  combative  sports participant
    55  licensed under section five-a of chapter nine hundred twelve of the laws
    56  of nineteen hundred twenty  participating  in  combative  sports  for  a

        A. 1981                            20
 
     1  corporation,  person  or  limited  liability company licensed under such
     2  section five-a shall be regarded as in the "employment"  not  solely  of
     3  such  corporation, person or limited liability company but shall instead
     4  be conclusively presumed to be in the "employment" of the New York mixed
     5  martial  arts  injury  compensation  fund,  inc.  and of all such corpo-
     6  rations, persons or limited liability  companies  who  are  licensed  or
     7  required  to  be  licensed  under such section five-a at the time of any
     8  occurrence for which benefits are payable pursuant to  this  chapter  in
     9  respect  of  the  injury  or death of such professional combative sports
    10  participant.
    11    § 8. Section 11 of the workers' compensation law is amended by  adding
    12  a new closing paragraph to read as follows:
    13    The  liability  under  this chapter of the New York mixed martial arts
    14  injury compensation fund, inc. created under section five-b  of  chapter
    15  nine  hundred  twelve  of  the  laws of nineteen hundred twenty shall be
    16  limited to the provision of workers' compensation  coverage  to  profes-
    17  sional  combative  sports  participants licensed under section five-a of
    18  chapter nine hundred twelve of the laws of nineteen hundred  twenty  and
    19  any  statutory  penalties  resulting  from  the  failure to provide such
    20  coverage.
    21    § 9. Section 14-a of the  workers'  compensation  law  is  amended  by
    22  adding a new subdivision 6 to read as follows:
    23    6.  With  respect  to  a  professional  combative  sports  participant
    24  licensed under section five-a of chapter nine hundred twelve of the laws
    25  of nineteen hundred twenty who, pursuant to section two of this chapter,
    26  is an employee of a corporation, person  or  limited  liability  company
    27  licensed  or  required  to be licensed under such section five-a and the
    28  New York mixed martial arts injury compensation fund, inc.,  the  corpo-
    29  ration,  person  or  limited  liability  company  licensed for whom such
    30  professional combative sports participant was performing services at the
    31  time of the accident shall be solely responsible for the double payments
    32  described in subdivision  one  of  this  section,  to  the  extent  such
    33  payments  exceed  any  amounts  otherwise  payable  with respect to such
    34  professional combative sports participant under  any  other  section  of
    35  this  chapter,  and  the New York mixed martial arts injury compensation
    36  fund, inc. shall have no responsibility for such excess payments, unless
    37  there shall be a failure  of  the  responsible  corporation,  person  or
    38  limited  liability  company  to  pay such award within the time provided
    39  under this chapter. In the event of such failure to pay  and  the  board
    40  requires the fund to pay the award on behalf of such corporation, person
    41  or  limited  liability  company who has been found to have violated this
    42  section, the fund shall be entitled to  an  award  against  such  corpo-
    43  ration, person or limited liability company for the amount so paid which
    44  shall be collected in the same manner as an award of compensation.
    45    § 10. The workers' compensation law is amended by adding a new section
    46  18-d to read as follows:
    47    §  18-d.  Notice:  The New York mixed martial arts injury compensation
    48  fund, inc.  Wherever in this chapter it shall be required that notice be
    49  given to an employer, except for claims involving section fourteen-a  of
    50  this article such notice requirement shall be deemed satisfied by giving
    51  notice  to  the  New  York  mixed martial arts injury compensation fund,
    52  inc., in connection with an injury to a  professional  combative  sports
    53  participant licensed under section five-a of chapter nine hundred twelve
    54  of  the  laws of nineteen hundred twenty who, pursuant to section two of
    55  this chapter, is an employee of a corporation, person or limited liabil-
    56  ity company licensed under section five-a of chapter nine hundred twenty

        A. 1981                            21
 
     1  of the laws of nineteen hundred twenty and  of  the  fund.  In  a  claim
     2  involving  section fourteen-a of this article such required notice shall
     3  be given to the  employing  corporation,  person  or  limited  liability
     4  company of the fund.
     5    § 11. Section 50 of the workers' compensation law is amended by adding
     6  a new subdivision 8-a to read as follows:
     7    8-a.  The  requirements  of  section ten of this chapter regarding the
     8  provision of workers' compensation insurance as to corporations, persons
     9  or limited liability companies licensed under section five-a of  chapter
    10  nine  hundred  twelve  of  the  laws  of nineteen hundred twenty who are
    11  employers under section two of this chapter are  satisfied  in  full  by
    12  compliance  with  the requirements imposed upon corporations, persons or
    13  limited liability companies by section five-b of  chapter  nine  hundred
    14  twelve  of  the  laws  of  nineteen hundred twenty, provided that in the
    15  event double compensation, death benefits, or awards  are  payable  with
    16  respect to an injured employee under section fourteen-a of this chapter,
    17  the  corporation,  person  or  limited  liability  company  for whom the
    18  injured professional combative sports participant licensed under section
    19  five-a of chapter nine hundred twelve of the laws  of  nineteen  hundred
    20  twenty is performing services as a professional combative sports partic-
    21  ipant  so  licensed  at  the  time  of  the accident shall bear the sole
    22  responsibility for the amount payable pursuant  to  such  section  four-
    23  teen-a  in  excess  of  the amount otherwise payable under this chapter,
    24  unless there shall be a failure of the responsible  corporation,  person
    25  or  limited liability company to pay such award within the time provided
    26  under this chapter. In the event of such failure to pay  and  the  board
    27  requires the fund to pay the award on behalf of such corporation, person
    28  or  limited  liability  company who has been found to have violated such
    29  section fourteen-a, the fund shall be entitled to an award against  such
    30  corporation,  person or limited liability company for the amount so paid
    31  which shall be collected in the same manner as an award of compensation.
    32  Coverage directly procured by any corporation, person or limited liabil-
    33  ity company for the purpose of satisfying the requirements of this chap-
    34  ter with respect to employees of  the  corporation,  person  or  limited
    35  liability  company shall not include coverage on any professional comba-
    36  tive sports participant licensed under section five-a  of  chapter  nine
    37  hundred twelve of the laws of nineteen hundred twenty to the extent that
    38  such  professional  combative  sports  participant is also covered under
    39  coverage procured by the New York mixed martial arts injury compensation
    40  fund, inc. pursuant to the requirements of  section  five-b  of  chapter
    41  nine  hundred twelve of the laws of nineteen hundred twenty, and to that
    42  extent, coverage procured by the fund pursuant to  the  requirements  of
    43  chapter nine hundred twelve of the laws of nineteen hundred twenty shall
    44  be considered primary.
    45    §  12.  Subdivision  1  of  section  451 of the tax law, as amended by
    46  section 1 of part F of chapter 407 of the laws of 1999,  is  amended  to
    47  read as follows:
    48    1.  "Gross  receipts  from  ticket  sales"  shall mean the total gross
    49  receipts of every person from the sale of tickets to any professional or
    50  amateur boxing, sparring or wrestling match or exhibition or any profes-
    51  sional combative sports match or exhibition  held  in  this  state,  and
    52  without  any  deduction  whatsoever for commissions, brokerage, distrib-
    53  ution fees, advertising or any other expenses, charges  and  recoupments
    54  in respect thereto.
    55    § 13. Section 452 of the tax law, as amended by section 2 of part F of
    56  chapter 407 of the laws of 1999, is amended to read as follows:

        A. 1981                            22
 
     1    §  452.  Imposition  of  tax.  1. On and after October first, nineteen
     2  hundred ninety-nine, a tax is hereby imposed and shall be paid upon  the
     3  gross  receipts  of  every  person  holding  any professional or amateur
     4  boxing, sparring or wrestling match or exhibition in  this  state.  Such
     5  tax  shall  be  imposed on such gross receipts, exclusive of any federal
     6  taxes, as follows:
     7    (a) three percent of gross receipts from ticket sales, except that  in
     8  no  event  shall  the tax imposed by this [subdivision] paragraph exceed
     9  fifty thousand dollars for any match or exhibition;
    10    (b) three percent of gross receipts from broadcasting  rights,  except
    11  that  in  no event shall the tax imposed by this [subdivision] paragraph
    12  exceed fifty thousand dollars for any match or exhibition.
    13    2. On and after the effective date of this subdivision, a tax is here-
    14  by imposed and shall be paid upon the gross  receipts  of  every  person
    15  holding  any  professional  combative sports match or exhibition in this
    16  state. Such tax shall be imposed on such gross  receipts,  exclusive  of
    17  any federal taxes, as follows:
    18    (a)  eight  and  one-half percent of gross receipts from ticket sales;
    19  and
    20    (b) three percent of gross receipts from broadcasting  rights,  except
    21  that  in  no  event shall the tax imposed by this paragraph exceed fifty
    22  thousand dollars for any match or exhibition.
    23    § 14. This act shall take effect on the ninetieth day after  it  shall
    24  have  become  a  law; provided that section three of this act shall take
    25  effect on the one hundred eightieth day after it  shall  have  become  a
    26  law;  provided,  further,  that  this  act  shall  expire  and be deemed
    27  repealed 5 years after it shall take effect; provided, however, further,
    28  that effective immediately, the addition, amendment and/or repeal of any
    29  rule or regulation necessary for the implementation of this act  on  its
    30  effective date is authorized and directed to be made and completed on or
    31  before such effective date.
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