S02159 Summary:

BILL NOS02159A
 
SAME ASNo Same As
 
SPONSORGRIFFO
 
COSPNSRGOLDEN, PARKER, AVELLA, CROCI, FUNKE, KENNEDY, MARTINS, MURPHY, PANEPINTO, RITCHIE
 
MLTSPNSR
 
Ren Art 40 SS900 & 901 to be Art 43 SS1200 & 1201, add Art 41 SS1000 - 1022, Gen Bus L; amd SS451, 452, 1105 & 1820, Art 19 Head, Tax L; amd S106, ABC L
 
Establishes protocols for combative sports; authorizes mixed martial arts events in this state; establishes procedures for applications for licenses; establishes penalties for violations; imposes taxes on gross receipts of such events.
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S02159 Actions:

BILL NOS02159A
 
01/21/2015REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
03/03/2015REPORTED AND COMMITTED TO FINANCE
03/18/20151ST REPORT CAL.273
03/19/20152ND REPORT CAL.
03/23/2015ADVANCED TO THIRD READING
03/24/2015PASSED SENATE
03/24/2015DELIVERED TO ASSEMBLY
03/24/2015referred to tourism, parks, arts and sports development
06/09/2015RECALLED FROM ASSEMBLY
06/09/2015returned to senate
06/09/2015VOTE RECONSIDERED - RESTORED TO THIRD READING
06/09/2015AMENDED ON THIRD READING (T) 2159A
06/25/2015COMMITTED TO RULES
01/06/2016REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
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S02159 Memo:

Memo not available
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S02159 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2159--A
            Cal. No. 273
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 21, 2015
                                       ___________
 
        Introduced by Sens. GRIFFO, GOLDEN, PARKER, AVELLA, CROCI, FUNKE, KENNE-
          DY,  MARTINS,  MURPHY,  PANEPINTO,  RITCHIE  -- read twice and ordered
          printed, and when printed to be committed to the Committee on Cultural
          Affairs, Tourism, Parks and Recreation -- reported favorably from said
          committee and committed to the Committee on Finance -- reported favor-
          ably from said committee, ordered to first and second report,  ordered
          to  a  third  reading, passed by Senate and delivered to the Assembly,
          recalled, vote reconsidered, restored to third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 
        AN ACT to amend the general business law, the tax law, and the alcoholic
          beverage control law in relation to authorized combative sports
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 40 and sections 900 and 901 of the general business
     2  law, as renumbered by chapter 407 of the laws of  1973,  are  renumbered
     3  article  43  and sections 1200 and 1201, respectively, and a new article
     4  41 is added to read as follows:
     5                                 ARTICLE 41
     6                              COMBATIVE SPORTS
     7  Section 1000. Definitions.
     8          1001. Combative sports authorized.
     9          1002. Combative sports prohibited.
    10          1003. State athletic commission.
    11          1004. Jurisdiction of the commission.
    12          1005. Officers and employees of the commission.
    13          1006. Sanctioning entities.
    14          1007. Licenses; general provisions.
    15          1008. Licenses; judges.
    16          1009. Licenses; entities.
    17          1010. Licenses; professionals.
    18          1011. Temporary working permits.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05199-03-5

        S. 2159--A                          2
 
     1          1012. Temporary training facilities.
     2          1013. Medical advisory board.
     3          1014. Regulation of authorized professional combative sports.
     4          1015. Conduct of authorized professional combative sports.
     5          1016. Required filings.
     6          1017. Professional wrestling; promoters.
     7          1018. Prohibited conduct.
     8          1019. Penalties.
     9          1020. Subpoenas by commission; oaths.
    10          1021. Exceptions.
    11          1022. Disposition of receipts.
    12    §  1000.  Definitions. As used in this article: 1. "Amateur" means any
    13  participant in a combative sport supervised  by  an  authorized  amateur
    14  sanctioning  entity  who  is not receiving or competing for, and who has
    15  never received or competed for, any purse, money, prize, pecuniary gain,
    16  or other thing of value exceeding the allowable  amount  established  by
    17  the authorized amateur sanctioning entity.
    18    2.  "Authorized sanctioning entity" means an entity allowed to oversee
    19  and conduct combative sports pursuant to regulations promulgated by  the
    20  commission.
    21    3.  "Combative  sport"  means  any unarmed bout, contest, competition,
    22  match, or exhibition undertaken to entertain an  audience,  wherein  the
    23  participants  primarily grapple or wrestle, or deliver blows of any kind
    24  to, or use force in any way to manipulate, the body of  another  partic-
    25  ipant, and where in the outcome and score depend entirely on such activ-
    26  ities.
    27    4. "Commission" means the state athletic commission as provided for in
    28  section  one  thousand three of this article, or an agent or employee of
    29  the state athletic commission acting on its behalf.
    30    5. "Mixed martial arts" means a combative sport wherein the  rules  of
    31  engagement  do  not  limit the participants to the use of one recognized
    32  technique of a single, systematic, fighting discipline.
    33    6. "Professional" means any participant in a combative  sport  author-
    34  ized  pursuant  to this article, other than an amateur, who is receiving
    35  or competing for any purse, money, prize, pecuniary gain, or other thing
    36  exceeding seventy-five dollars in value.
    37    § 1001. Combative sports authorized. Combative sports conducted  under
    38  the  supervision  of  the  commission,  or  under  the supervision of an
    39  authorized sanctioning entity are hereby authorized.  Authorized  comba-
    40  tive  sports  include, amateur and professional boxing, wrestling, spar-
    41  ring, kick boxing, single discipline martial arts  and  any  combination
    42  thereof,  including  mixed  martial  arts, pursuant to the provisions of
    43  this article.
    44    § 1002. Combative sports  prohibited.  1.  The  conduct  of  combative
    45  sports  outside the supervision of the commission or an authorized sanc-
    46  tioning entity is prohibited.
    47    2. A person advances a prohibited combative sport when,  acting  other
    48  than  as a spectator, he or she engages in conduct which materially aids
    49  any unauthorized combative sport.  Such  conduct  includes  but  is  not
    50  limited  to  conduct  directed  toward  the  creation,  establishment or
    51  performance of a prohibited combative sport, toward the  acquisition  or
    52  maintenance of premises, paraphernalia, equipment or apparatus therefor,
    53  toward  the  solicitation  or inducement of persons to attend or partic-
    54  ipate therein, toward the actual conduct  of  the  performance  thereof,
    55  toward the arrangement of any of its financial or promotional phases, or
    56  toward  any other phase of a prohibited combative sport.  One advances a

        S. 2159--A                          3
 
     1  prohibited combative sport when, having substantial proprietary or other
     2  authoritative control over premises being used with his or her knowledge
     3  for purposes of a prohibited combative sport, he or she permits such  to
     4  occur  or  continue  or  makes  no  effort  to prevent its occurrence or
     5  continuation.
     6    3. A person profits from a prohibited combative sport when he  or  she
     7  accepts  or  receives money or other property with intent to participate
     8  in the proceeds of a prohibited  combative  sport,  or  pursuant  to  an
     9  agreement  or  understanding  with  any person whereby he or she partic-
    10  ipates or is to participate in the proceeds of  a  prohibited  combative
    11  sport.
    12    §  1003.  State athletic commission. 1. The state athletic commission,
    13  as named by chapter nine hundred twelve of the laws of nineteen  hundred
    14  twenty,  as amended by chapter six hundred three of the laws of nineteen
    15  hundred eighty-one, is continued as a  division  of  the  department  of
    16  state.  The  commission  is  enacted  to  protect the health, safety and
    17  general welfare of all participants in combative sports  and  spectators
    18  thereof,  to  preserve  the  integrity  of  amateur  combative sports by
    19  authorizing appropriate and  trusted  sanctioning  entities  to  oversee
    20  amateur  combative  sports, and to protect the integrity of professional
    21  combative sports through the means of licensing, oversight and  enforce-
    22  ment;  and  the  commission  shall consider these purposes foremost when
    23  effectuating the  provisions  of  this  article.  The  commission  shall
    24  consist  of  five  members who shall be appointed by the governor by and
    25  with the advice and consent of the senate. The governor shall  designate
    26  one of the members as chairperson of the commission.  The members of the
    27  commission  shall  be appointed for terms of three years. Any vacancy in
    28  the membership of the commission caused otherwise than by expiration  of
    29  term  shall  be filled only for the balance of the term of the member in
    30  whose position the vacancy occurs.
    31    2. The commission shall act in the best interests of combative sports.
    32  The commissioners shall be paid their actual and necessary traveling and
    33  other expenses incurred by them in the  performance  of  their  official
    34  duties.  The  commission  shall maintain in the city of New York general
    35  offices for the transaction of its business. The members of the  commis-
    36  sion  shall adopt a seal for the commission, and make such rules for the
    37  administration of their office, not inconsistent herewith, as  they  may
    38  deem expedient; and they may amend or abrogate such rules.  Three of the
    39  members  of the commission shall constitute a quorum to do business; and
    40  the concurrence of a majority of  the  commissioners  present  shall  be
    41  necessary to render a determination by the commission.
    42    §  1004. Jurisdiction of the commission. The commission shall have and
    43  is hereby vested with the sole direction, management, control and juris-
    44  diction over:  1. all authorized combative sports;
    45    2. all licenses or permits granted by the commission to  any  and  all
    46  persons or entities who participate in authorized combative sports;
    47    3.  all  determinations  regarding  the  authorization  of amateur and
    48  professional sanctioning entities;
    49    4. all gyms, clubs, training camps and other organizations that  main-
    50  tain training facilities to prepare persons for participation in author-
    51  ized professional combative sports;
    52    5.  the  promotion of professional wrestling exhibitions to the extent
    53  provided for in this article; and
    54    6. all contracts related to the  conduct  of  authorized  professional
    55  combative sports.

        S. 2159--A                          4
 
     1    §  1005.  Officers  and  employees of the commission. The secretary of
     2  state may appoint, and at his  or  her  pleasure  remove,  an  executive
     3  director,  deputies, officers, inspectors, physicians and any such other
     4  employees as may be necessary to administer the provisions of this arti-
     5  cle and fix their salaries within the amount appropriated therefor.
     6    § 1006. Sanctioning entities. 1. The commission shall promulgate regu-
     7  lations  establishing  a process by which entities may be recognized and
     8  approved by the commission as  authorized  sanctioning  entities  for  a
     9  period  of  time  to  be established by the commission, during which the
    10  entity will be allowed to oversee and conduct  combative  sports  within
    11  the state of New York. The commission may, in its reasonable discretion,
    12  limit  the scope of any recognition and approval of a sanctioning entity
    13  to the oversight and conduct of one or more specific combat disciplines,
    14  specifically amateur or professional combative sports, or to any  combi-
    15  nation  of  the  foregoing  based  on  the qualifications, integrity and
    16  history of the entity seeking authorization as a sanctioning entity.
    17    2. The commission shall evaluate factors including but not limited to:
    18    (a) the entity's stated mission and primary purpose;
    19    (b) whether the entity requires participants in  combative  sports  to
    20  use hand, foot and groin protection;
    21    (c)  whether  the entity has an established set of rules that requires
    22  the immediate termination of any combative sport  when  any  participant
    23  has endured severe punishment or is in danger of suffering serious phys-
    24  ical injury; and
    25    (d)  whether  the  entity  has established protocols to effectuate the
    26  appropriate and timely medical treatment of injured persons.
    27    § 1007. Licenses; general provisions. 1. Except as otherwise  provided
    28  in  section  one  thousand  eleven  of this article, with respect to all
    29  authorized professional combative  sports  in  this  state,  all  corpo-
    30  rations, entities, persons, referees, judges, match-makers, timekeepers,
    31  professionals,  and  their  managers,  trainers,  and  seconds  shall be
    32  licensed by the commission. No such corporation, entity or person  shall
    33  be  permitted  to  participate,  either  directly  or indirectly, in any
    34  authorized professional combative sport, or the holding thereof, or  the
    35  operation of any training facility providing contact sparring maintained
    36  either  exclusively  or  in  part  for the use of professional boxers or
    37  professional mixed martial arts participants, unless such corporation or
    38  persons shall have first procured a license  from  the  commission.  The
    39  commission  shall  establish  by rule and regulation licensing standards
    40  for all licensees.
    41    2. Every application for a license shall be in a  form  prescribed  by
    42  the   commission,  shall  be  addressed  to  the  commission,  shall  be
    43  subscribed by the applicant, and affirmed by him or her  as  true  under
    44  the  penalties  of  perjury,  and  shall  set  forth  such  facts as the
    45  provisions hereof and the rules and regulations of  the  commission  may
    46  require.
    47    3.  The  commission shall establish reasonable fees, terms and renewal
    48  terms for licenses, permits and other authorizations issued pursuant  to
    49  this  article, provided, however, that all terms, renewal terms and fees
    50  in effect pursuant to chapter nine hundred twelve of the laws  of  nine-
    51  teen  hundred twenty, and any subsequent amendments thereto, immediately
    52  prior to the enactment of this article,  shall  remain  fixed  at  their
    53  prior  statutory levels for a period of two years from enactment of this
    54  article. The commission shall publish all fees, including the  aforemen-
    55  tioned, in a single location on its website. All fees set by the commis-

        S. 2159--A                          5
 
     1  sion  pursuant  to  this section shall be subject to the approval of the
     2  director of the budget.
     3    4.  Any  license,  temporary work permit or other authorization issued
     4  under the provisions of this article may be revoked or suspended by  the
     5  commission when the licensee, permittee or authorized entity has, in the
     6  judgment  of  the  commission,  demonstrated  conduct detrimental to the
     7  interests of authorized combative sports  generally  or  to  the  public
     8  interest, or when the commission deems it to be in the best interests of
     9  the health and safety of the licensee.
    10    (a)  Any  licensee  who suffered a knockout or technical knockout in a
    11  combative sport may, upon the recommendation of the attending commission
    12  physician, be suspended by the commission, for a  period  determined  by
    13  the  commission,  and shall forfeit his or her license to the commission
    14  during such period. Such license shall not be returned to  the  licensee
    15  until  he  or  she  has met all requirements, medical and otherwise, for
    16  reinstatement of such license. All such suspensions shall be recorded in
    17  his or her license by a commission official.
    18    (b) Notwithstanding any other provision of law,  if  any  other  state
    19  shall revoke a licensee's license to compete in combative sports in that
    20  state,  then the commission may act to revoke any license issued to such
    21  licensee pursuant to the provisions of this article.
    22    § 1008. Licenses; judges. 1. Only a person licensed by the commission,
    23  as a combative sports judge, may judge an authorized professional comba-
    24  tive sport within the state.  Judges  for  any  authorized  professional
    25  combative  sport  under  the  jurisdiction  of  the  commission shall be
    26  selected by the commission from a  list  of  qualified  licensed  judges
    27  maintained by the commission.
    28    2.  Any  participant  in  a professional combative sport or his or her
    29  manager may protest the assignment of a  judge  to  a  contest  and  the
    30  participant or manager may be heard by the commission or its designee if
    31  such protest is timely. If the protest is untimely it shall be summarily
    32  rejected.
    33    3.  Each  person  seeking  to be licensed as a judge by the commission
    34  shall be required to submit to or provide proof of  an  eye  examination
    35  and  annually  thereafter  on  the  anniversary  of  the issuance of the
    36  license. The commission shall establish  continuing  education  programs
    37  and  requirements to be completed by licensed judges. Each judge must be
    38  certified as having completed a training  program  as  approved  by  the
    39  commission  and  shall  pass  an  examination approved by the commission
    40  covering aspects of boxing including, but not limited to, the  rules  of
    41  the sport, and the law of the state relating to the commission.
    42    4.  Each  person  seeking  a  license to judge authorized professional
    43  combative sports in the state shall be required to fill out a  financial
    44  questionnaire certifying under penalty of perjury full disclosure of the
    45  judge's  financial situation on a questionnaire to be promulgated by the
    46  commission.  Such questionnaire shall be in a form and  manner  approved
    47  by the commission and shall provide information as to areas of actual or
    48  potential   conflict  of  interests  as  well  as  appearances  of  such
    49  conflicts, including financial responsibility. Within forty-eight  hours
    50  of  any  match,  each judge of a professional combative sport shall file
    51  with the commission a financial disclosure statement in  such  form  and
    52  manner as shall be acceptable to the commission.
    53    §  1009.  Licenses;  entities.  1.  (a)  Only entities licensed by the
    54  commission may conduct an authorized professional combative sport within
    55  the state. The commission may, in its discretion,  issue  a  license  to
    56  conduct or hold authorized professional combative sports, subject to the

        S. 2159--A                          6
 
     1  provisions  hereof,  to  any person or corporation duly incorporated, or
     2  limited liability company authorized, under the laws of the state of New
     3  York.
     4    (b) A prospective licensee must submit to the commission proof that it
     5  can furnish suitable premises, as determined by the commission, in which
     6  such combative sport is to be held.
     7    (c)  Upon  written  application the commission may grant to any entity
     8  holding a license issued hereunder, the  privilege  of  holding  such  a
     9  match or exhibition on a specified date in other premises, or in another
    10  location,  than  the  premises  or  location  previously approved by the
    11  commission, subject however to approval of the commission and the  rules
    12  and regulations of the commission.
    13    2.  (a)  The  commission may, in its discretion and in accordance with
    14  regulations adopted by the commission to protect the health  and  safety
    15  of  professional boxers in training, issue a license to operate a train-
    16  ing facility providing contact sparring maintained either exclusively or
    17  in part for the use of professional combative sports participants. At  a
    18  minimum, any such regulation shall require:
    19    (i)  first aid materials to be stored in an accessible location on the
    20  premises and for the presence on the premises of a  person  trained  and
    21  certified  in the use of such materials and procedures for cardio-pulmo-
    22  nary resuscitation at all times during which the facility  is  open  for
    23  training purposes;
    24    (ii) clean and sanitary bathrooms, shower rooms, and locker rooms;
    25    (iii)  adequate  ventilation  and  lighting of accessible areas of the
    26  training facility;
    27    (iv) establishment of a policy concerning the restriction  of  smoking
    28  in  training  areas,  including  provisions  for  its enforcement by the
    29  facility operator;
    30    (v) compliance with state and local fire ordinances;
    31    (vi) inspection and approval of surfaces on which training for  comba-
    32  tive sports will be held; and
    33    (vii)  establishment  of  a  policy for posting all commission license
    34  suspensions and license revocations received from the commission includ-
    35  ing provisions for enforcement of such suspensions  and  revocations  by
    36  the facility operator.
    37    (b) A prospective entity licensee shall submit to the commission proof
    38  that  it  can furnish suitable facilities in which the training is to be
    39  conducted, including the making of such  training  facilities  available
    40  for inspection by the commission at any time during which training is in
    41  progress.
    42    §  1010.  Licenses;  professionals.  1.  Only  persons licensed by the
    43  commission shall compete in authorized professional combative sports.
    44    2. Any professional applying for a license or renewal of a license  to
    45  participate  in  combative  sports  under  this  article shall undergo a
    46  comprehensive physical examination including clinical neurological exam-
    47  inations by a physician approved by the commission.  If, at the time  of
    48  such  examination,  there  is any indication of brain injury, or for any
    49  other reason the physician deems it appropriate, the professional  shall
    50  be  required  to undergo further neurological examinations by a neurolo-
    51  gist including magnetic resonance imaging or other medically  equivalent
    52  procedures.  The  commission shall not issue a license to a professional
    53  until such examinations are completed and reviewed  by  the  commission.
    54  The results of all such examinations herein required shall become a part
    55  of  the  professional's  permanent  medical  record as maintained by the
    56  commission. The costs of all such examinations for  professional  boxers

        S. 2159--A                          7
 
     1  shall  be  assumed  by the state if such examinations are performed by a
     2  physician or neurologist approved by the commission; the  costs  of  all
     3  such examinations for professional mixed martial arts participants shall
     4  be  assumed  by  the  applicant  or promoter with which the professional
     5  mixed martial arts participant is affiliated, regardless of provider.
     6    3. Any professional licensed under this article shall, as a  condition
     7  of licensure, waive right of confidentiality of medical records relating
     8  to treatment of any physical condition which relates to his or her abil-
     9  ity  to fight. All medical reports submitted to, and all medical records
    10  of the medical advisory board or the commission relative to the physical
    11  examination or condition of professionals shall be considered  confiden-
    12  tial,  and  shall  be  open to examination only to the commission or its
    13  authorized representative, to the licensed professional or manager  upon
    14  written  application  to  examine  said  records, or upon the order of a
    15  court of competent jurisdiction in an appropriate case.
    16    § 1011. Temporary working permits. The commission may issue  temporary
    17  working  permits to professionals, their managers, trainers and seconds.
    18  A temporary working permit shall authorize the employment of the  holder
    19  of  such  permit to engage in a single authorized professional combative
    20  sport at a specified time and place. The  commission  may  require  that
    21  professionals  applying for temporary working permits undergo a physical
    22  examination and neurological test or procedure, including magnetic reso-
    23  nance imaging  or  medically  equivalent  procedure.  Temporary  working
    24  permits  shall  expire  upon  the  completion  of  the single authorized
    25  professional  combative  sport  and  any   subsequent   evaluations   or
    26  inspections  required  by  the  commission.   The fee for such temporary
    27  working permit shall be established by the commission pursuant to rule.
    28    § 1012. Temporary training facilities. The commission in its  judgment
    29  may  exempt  from  licensing  under  this  article any training facility
    30  providing contact sparring established and  maintained  on  a  temporary
    31  basis  for the purpose of preparing professionals for a specific author-
    32  ized combative sport to be conducted, held or given within the state  of
    33  New York.
    34    §  1013. Medical advisory board. 1. The medical advisory board created
    35  pursuant to chapter nine hundred twelve of the laws of nineteen  hundred
    36  twenty,  and  subsequent  amendments thereto is hereby continued without
    37  interruption. It shall remain a division of the state  athletic  commis-
    38  sion,  and shall consist of eleven members to be appointed by the gover-
    39  nor. The governor shall designate one of such members as chairperson  of
    40  the advisory board. The term of a member thereafter appointed, except to
    41  fill  a vacancy, shall be three years from the expiration of the term of
    42  his predecessor. Upon the appointment of a successor to the  chairperson
    43  of  the  advisory  board, the governor shall designate such successor or
    44  other member of the advisory board as chairperson. A  vacancy  occurring
    45  otherwise  than by expiration of term, shall be filled by appointment by
    46  the governor for the remainder only of the  term.  Each  member  of  the
    47  advisory  board shall be duly licensed to practice medicine in the state
    48  of New York, and at the time of his or her appointment have had at least
    49  five years' experience in the practice of his  or  her  profession.  The
    50  members  of the advisory board shall receive such compensation as may be
    51  fixed by the commission within the amount provided by appropriation, and
    52  shall be  allowed  and  paid  necessary  traveling  and  other  expenses
    53  incurred by them, respectively, in the performance of their duties here-
    54  under.
    55    2. The advisory board shall have power and it shall be the duty of the
    56  board  to  prepare and submit to the commission for approval regulations

        S. 2159--A                          8
 
     1  and standards for the physical examination of  professionals  including,
     2  without  limitation,  pre-fight and post-fight examinations and periodic
     3  comprehensive examinations. The board shall  continue  to  serve  in  an
     4  advisory  capacity  to  the commission and from time to time prepare and
     5  submit to the commission for approval, such additional  regulations  and
     6  standards  of  examination as in their judgment will safeguard the phys-
     7  ical welfare of professionals licensed by the commission.  The  advisory
     8  board shall recommend to the commission from time to time such qualified
     9  physicians, who may be designated and employed by the commission for the
    10  purpose  of  conducting physical examinations of professionals and other
    11  services as the rules of the commission shall provide. Such  physicians,
    12  if  so  employed,  shall receive compensation as fixed by the commission
    13  within amounts appropriated therefor. The provisions of  section  seven-
    14  teen of the public officers law shall apply to any physician who:
    15    (a) is designated and employed by the commission; and
    16    (b)  rendering  professional  services  on behalf of the commission to
    17  professionals.
    18    3. The advisory board shall develop or recommend  appropriate  medical
    19  education  programs for all commission personnel involved in the conduct
    20  of authorized combative sports so that such personnel can recognize  and
    21  act  upon evidence of potential or actual adverse medical indications in
    22  a participant prior to, during or after the course of a match.
    23    4. The advisory board shall review the credentials and performance  of
    24  each commission physician on an annual basis.
    25    5.  The  advisory  board  shall  advise the commission on any study of
    26  equipment, procedures or personnel which will, in their opinion, promote
    27  the safety of professionals.
    28    § 1014. Regulation of authorized professional combative sports.    The
    29  commission shall promulgate regulations governing the conduct of author-
    30  ized professional combative sports that:
    31    1.  establish  parameters  and  limitations  on weights and classes of
    32  professionals;
    33    2. establish parameters and limitations on the number and duration  of
    34  rounds;
    35    3.  establish  the requirements for the presence of medical equipment,
    36  medical personnel, an ambulance, other emergency apparatus and an  emer-
    37  gency medical plan;
    38    4.  establish  responsibilities  of  all  licensees before, during and
    39  after an event;
    40    5. define unsportsmanlike practices;
    41    6. establish conditions for the forfeiture of any prize,  remuneration
    42  or  purse,  or  any  part thereof based on the conduct of professionals,
    43  their managers and seconds;
    44    7. establish parameters and standards for required and allowed  equip-
    45  ment items utilized by professionals;
    46    8.  establish  parameters and standards for rings, combat surfaces and
    47  appurtenances thereto; and
    48    9. establish such other rules  and  conditions  as  are  necessary  to
    49  effectuate the commission's purpose.
    50    §  1015.  Conduct of authorized professional combative sports. 1.  All
    51  buildings or structures used or  intended  to  be  used  for  conducting
    52  authorized  professional  combative  sports shall be properly ventilated
    53  and provided with fire exits and fire escapes, and in all manner conform
    54  to the laws, ordinances and regulations pertaining to buildings  in  the
    55  city, town or village where situated.

        S. 2159--A                          9
 
     1    2.  No person under the age of eighteen years shall participate in any
     2  authorized professional combative sports, and no  person  under  sixteen
     3  years  of  age  shall  be  permitted  to  attend thereat as a spectator,
     4  provided, however, that a person under the age of sixteen may be permit-
     5  ted to attend as a spectator if accompanied by a parent or guardian.
     6    3.  At  each  authorized  professional  combative  sport, except where
     7  conducted solely for training purposes, there shall be in  attendance  a
     8  duly licensed referee who shall direct and control the same. There shall
     9  also  be  in  attendance,  except  where  conducted  solely for training
    10  purposes, three duly licensed judges who shall  at  the  termination  of
    11  each such authorized professional combative sport render their decision.
    12  The  winner  shall  be  determined  in  accordance with a scoring system
    13  prescribed by the commission.
    14    4. The commission shall direct an employee of  the  commission  to  be
    15  present at each place where authorized professional combative sports are
    16  to  be  conducted.   Such employee of the commission shall ascertain the
    17  exact conditions  surrounding  such  authorized  professional  combative
    18  sport  and  make  a  written  report  of the same in the manner and form
    19  prescribed by the commission.  Where authorized  professional  combative
    20  sports  are  approved  to  be  held in a state or city owned armory, the
    21  provision of the military law in respect thereto must be complied with.
    22    5. Any ring or combat surface must be inspected and  approved  by  the
    23  commission  prior  to  the  commencement  of any authorized professional
    24  combative sport.
    25    6. All professionals must be examined by a physician designated by the
    26  commission before entering the ring or  combat  surface  and  each  such
    27  physician shall immediately file with the commission a written report of
    28  such  examination.  The cost of any such examination, as prescribed by a
    29  schedule of fees established by the commission, shall  be  paid  by  the
    30  corporation  conducting  the  authorized professional combative sport to
    31  the commission. It shall be the duty  of  every  person  or  corporation
    32  licensed  to conduct an authorized professional combative sport, to have
    33  in attendance at every authorized professional combative sport, at least
    34  one physician designated by the commission as the rules  shall  provide.
    35  The commission may establish a schedule of fees to be paid by the licen-
    36  see to cover the cost of such attendance.
    37    7. The physician shall terminate any authorized professional combative
    38  sport  if in the opinion of such physician any professional has received
    39  severe punishment or is in danger of serious  physical  injury.  In  the
    40  event  of  any serious physical injury, such physician shall immediately
    41  render any emergency treatment necessary, recommend further treatment or
    42  hospitalization if required, and fully report the entire matter  to  the
    43  commission within twenty-four hours and if necessary, subsequently ther-
    44  eafter.  Such  physician  may also require that the injured professional
    45  and his or her manager remain in the ring or on the premises  or  report
    46  to  a  hospital after the contest for such period of time as such physi-
    47  cian deems advisable.  Any  professional  licensed  under  this  article
    48  rendered  unconscious  or  suffering  head  trauma  as determined by the
    49  attending physician shall  be  immediately  examined  by  the  attending
    50  commission physician and shall be required to undergo neurological exam-
    51  inations  by  a  neurologist including but not limited to magnetic reso-
    52  nance imaging or medically equivalent procedure.
    53    8. Such physician may enter the ring at any time during an  authorized
    54  professional  combative  sport  and may terminate the match if in his or
    55  her opinion the same is necessary to prevent severe punishment or  seri-
    56  ous physical injury to a professional.

        S. 2159--A                         10
 
     1    9.  Before  a  license  shall be granted to a person or corporation to
     2  conduct an authorized professional combative sport, the applicant  shall
     3  execute  and  file with the comptroller a bond in an amount to be deter-
     4  mined by the commission, to be approved as to form  and  sufficiency  of
     5  sureties  thereon  by  the  comptroller,  conditioned  for  the faithful
     6  performance by said corporation of the provisions of  this  article  and
     7  the  rules  and  regulations  of the commission, and upon the filing and
     8  approval of said bond the comptroller shall issue to  said  applicant  a
     9  certificate  of such filing and approval, which shall be, by said appli-
    10  cant, filed in the office of the commission  with  its  application  for
    11  license,  and  no  such  license  shall be issued until such certificate
    12  shall be filed. In case of default in such performance,  the  commission
    13  may impose upon the delinquent a penalty in the sum of not more than one
    14  thousand  dollars for each offense, which may be recovered by the attor-
    15  ney-general in the name of the people of the state of New  York  in  the
    16  same  manner  as  other  penalties  are  recovered by law; any amount so
    17  recovered shall be paid into the treasury.
    18    10. In addition to the bond  required  by  subdivision  nine  of  this
    19  section,  each  applicant for a license to conduct an authorized profes-
    20  sional combative sport shall execute and file  with  the  comptroller  a
    21  bond  in  an amount to be determined by the commission to be approved as
    22  to form and sufficiency of sureties thereon by the  comptroller,  condi-
    23  tioned  for  and  guaranteeing the payment of professionals' and profes-
    24  sional wrestlers' purses, salaries of club  employees  licensed  by  the
    25  commission,  and  the  legitimate  expenses  of printing tickets and all
    26  advertising material.
    27    11. All persons, parties or corporations having licenses as  promoters
    28  or who are licensed in accordance with section one thousand seventeen of
    29  this article shall continuously provide accident insurance or such other
    30  form of financial guarantee deemed acceptable by the commission, for the
    31  protection of licensed professionals and professional wrestlers, appear-
    32  ing  in  authorized  professional  combative sports or wrestling exhibi-
    33  tions. Such accident insurance  or  financial  guarantee  shall  provide
    34  coverage  to the licensed professional for: medical, surgical and hospi-
    35  tal care, with a minimum limit of fifty thousand  dollars  for  injuries
    36  sustained  while participating in any program operated under the control
    37  of such licensed promoter and for a payment of fifty thousand dollars to
    38  the estate of any deceased athlete where such  death  is  occasioned  by
    39  injuries  received in this state during the course of a program in which
    40  such licensed professional or professional wrestler  participated  under
    41  the  promotion or control of any licensed promoter; and, medical, surgi-
    42  cal and hospital care with a minimum limit of one  million  dollars  for
    43  the  treatment of a life-threatening brain injury sustained in a program
    44  operated under the control of such licensed promoter, where an identifi-
    45  able, casual link exists between  the  professional  licensee's  partic-
    46  ipation  in  such  program  and the life-threatening brain injury. Where
    47  applicable, professional licensees  shall  be  afforded  the  option  to
    48  supplement  the premiums for the accident insurance or financial guaran-
    49  tee to increase the coverage beyond the minimum limits required by  this
    50  subdivision.    The  commission  may from time to time, promulgate regu-
    51  lations to adjust the amount of such  minimum  limits.  The  failure  to
    52  provide such insurance as is required by this subdivision shall be cause
    53  for  the  suspension or the revocation of the license of such defaulting
    54  entity.
    55    12. (a) Every individual, corporation, association or club holding any
    56  professional or amateur  combative  sport,  including  any  professional

        S. 2159--A                         11
 
     1  wrestling  match or exhibition, for which an admission fee is charged or
     2  received, shall notify the athletic commission  at  least  ten  days  in
     3  advance  of the holding of such contest. All tickets of admission to any
     4  such  professional  or amateur combative sport or professional wrestling
     5  match or exhibition shall be procured from a printer duly authorized  by
     6  the  state  athletic  commission  to  print  such tickets and shall bear
     7  clearly upon the face thereof the purchase price and location  of  same.
     8  Any individual, corporation, association or club failing to fully comply
     9  with  this section shall be subject to a penalty of five hundred dollars
    10  to be collected by and paid to the department of state. Any  individual,
    11  corporation,  association or club is prohibited from operating any shows
    12  or exhibitions until all penalties due  pursuant  to  this  section  and
    13  taxes,  interest  and  penalties due pursuant to article nineteen of the
    14  tax law have been paid.
    15    (b) Pursuant to direction by the commissioner of taxation and finance,
    16  employees or officers of the athletic commission shall act as agents  of
    17  the  commissioner  of taxation and finance to collect the tax imposed by
    18  article nineteen of the tax law. The athletic commission  shall  provide
    19  the commissioner of taxation and finance with such information and tech-
    20  nical  assistance  as  may be necessary for the proper administration of
    21  such tax.
    22    § 1016. Required filings. 1. The organization that promotes, sanctions
    23  or otherwise participates in the proposition, selection, or  arrangement
    24  of one or more professionals for a contest must file with the commission
    25  a  written  statement  executed under penalty of perjury stating (a) all
    26  charges, expenses, fees, and costs that will  be  assessed  against  any
    27  professional  participating  in  the  event; (b) all payments, benefits,
    28  complimentary benefits and fees the organization or entity will  receive
    29  for  its  affiliation  with the event; (c) the name of the promoter; (d)
    30  sponsor of the event; and (e) all other  sources,  and  such  other  and
    31  additional  information  as  required  by  the  commission. Such written
    32  statement shall be filed in a form and manner acceptable to the  commis-
    33  sion.
    34    2.  The  promoter, organizer, producer or another that participates in
    35  the proposition, selection, or arrangement of one or more  professionals
    36  for  a  contest  must file with the commission a written statement under
    37  penalty of perjury detailing all charges, fees, costs and expenses by or
    38  through the promoter  on  the  professional  pertaining  to  the  event,
    39  including any portion of the professional's purse that the promoter will
    40  receive  and  training  expenses and all payments, gifts or benefits the
    41  promoter is providing to any sanctioning  organization  affiliated  with
    42  the  event.  Such  written statement shall be filed in a form and manner
    43  acceptable to the commission.
    44    3. The promoter, organizer, producer or another that  participates  in
    45  the  proposition, selection, or arrangement of one or more professionals
    46  for a contest must file with the commission a copy of any  agreement  in
    47  writing  to  which the promoter is a party with any professional partic-
    48  ipating in the match.
    49    4. All contracts calling for the services  of  a  professional  in  an
    50  authorized  professional  combative  sport  and entered into by licensed
    51  promoting corporations, professionals or managers as one or more of  the
    52  parties in such contracts, including those contracts which relate to the
    53  rights  to  distribute,  televise  or  otherwise transmit any authorized
    54  professional combative sport over the airwaves  or  by  cable  shall  be
    55  subject  to  the  approval of the commission and copies thereof shall be
    56  filed with the commission by such corporation, professional  or  manager

        S. 2159--A                         12
 
     1  within  forty-eight  hours  after  the execution of such contract and at
     2  least ten business days prior to any bouts, or the first of  any  series
     3  of  bouts,  to  which  they relate. The commission may waive such filing
     4  deadline for good cause shown.
     5    § 1017. Professional wrestling; promoters. 1. For the purposes of this
     6  article,  "professional  wrestling"  shall  mean  an  activity  in which
     7  participants struggle hand-in-hand primarily for the purpose of  provid-
     8  ing  entertainment to spectators and which does not comprise a bona fide
     9  athletic contest or competition.
    10    2. Every person, partnership or  corporation  promoting  one  or  more
    11  professional  wrestling  exhibitions  in this state shall be required to
    12  obtain from the commission an annual license to conduct such exhibitions
    13  subject to terms and conditions promulgated by the  commission  pursuant
    14  to  rule  and consistent with the applicable provisions of this article.
    15  Each applicant shall pay an annual fee  established  by  the  commission
    16  pursuant to rule.
    17    3.  A  licensed promoter of a professional wrestling exhibition in the
    18  state shall notify the athletic commission at least ten days in  advance
    19  of  the  holding of the exhibition. Each such promoter shall execute and
    20  file with the comptroller a bond in an amount not less than twenty thou-
    21  sand dollars to be approved as to form and sufficiency of sureties ther-
    22  eon by the comptroller, conditioned for and guaranteeing the payment  of
    23  professional  wrestler's  purses, salaries of club employees licensed by
    24  the commission, the legitimate expenses  of  printing  tickets  and  all
    25  advertising  material,  payments  to  sponsoring  organizations, and the
    26  applicable state and local sales and compensating use tax.
    27    4. A licensed promoter of a professional  wrestling  exhibition  shall
    28  provide  for  a licensed physician to be present at each exhibition, and
    29  such physician shall examine each wrestler prior  to  each  performance,
    30  and  each such pre-performance examination shall be conducted in accord-
    31  ance with regulations prescribed by the commission.
    32    5. Every licensed promoter of professional wrestling who promotes  six
    33  or  more  exhibitions in the state in a calendar year must have in place
    34  an anti-drug plan and file with the commission a  written  copy  of  the
    35  plan.  Each  such  plan  shall address the use of a controlled substance
    36  defined in article thirty-three of the public health law, and such  plan
    37  shall at minimum provide for the following:
    38    (a)  dissemination  of educational materials to professional wrestlers
    39  who perform for any such promoter including a list of  prohibited  drugs
    40  and available rehabilitation services; and
    41    (b)  a  referral procedure to permit any such professional wrestler to
    42  obtain rehabilitation services.
    43    § 1018. Prohibited conduct. 1. No corporation or  person  shall  have,
    44  either  directly or indirectly, any financial interest in a professional
    45  boxer competing on premises  owned  or  leased  by  the  corporation  or
    46  person,  or  in which such corporation or person is otherwise interested
    47  except pursuant to the specific written authorization of the commission.
    48    2. No contestant in a boxing or sparring match or exhibition shall  be
    49  paid for services before the contest, and should it be determined by the
    50  commission that such contestant did not give an honest exhibition of his
    51  or her skill, such services shall not be paid for.
    52    3. Any person, including any corporation and the officers thereof, any
    53  physician, referee, judge, timekeeper, professional, manager, trainer or
    54  second,  who  shall promote, conduct, give or participate in any sham or
    55  collusive authorized professional combative sports, shall be deprived of

        S. 2159--A                         13
 
     1  his or her license by the commission and  any  other  appropriate  legal
     2  remedies.
     3    4.  No  licensed  promoting  corporation or matchmaker shall knowingly
     4  engage in a course of conduct in which fights  are  arranged  where  one
     5  professional  has  skills  or  experience significantly in excess of the
     6  other professional so that a mismatch  results  with  the  potential  of
     7  physical harm to the professional.
     8    §  1019. Penalties. 1. A person who knowingly advances or profits from
     9  a prohibited combative sport shall be guilty of a class  A  misdemeanor,
    10  and  shall be guilty of a class E felony if he or she has been convicted
    11  in the previous five years of violating this subdivision.
    12    2. Any person who knowingly advances  or  profits  from  a  prohibited
    13  combative  sport  shall also be subject to a civil penalty not to exceed
    14  for the first violation ten thousand dollars or twice the amount of gain
    15  derived therefrom whichever is greater, or for  a  subsequent  violation
    16  twenty-five  thousand dollars or twice the amount of gain derived there-
    17  from whichever is greater. The attorney general is hereby  empowered  to
    18  commence  judicial  proceedings  to recover such penalties and to obtain
    19  injunctive relief to enforce the provisions of this section.
    20    3. Any person or corporation who directly or indirectly  conducts  any
    21  authorized  professional  combative sports without first having procured
    22  an appropriate license as prescribed in this article, or who directly or
    23  indirectly conducts any  authorized  amateur  combative  sports  without
    24  sanctioning  by  an  authorized  sanctioning entity shall be guilty of a
    25  misdemeanor. Any person who participates in an  authorized  professional
    26  combative  sport  as  a referee, judge, match-maker, timekeeper, profes-
    27  sional, manager, trainer, or second without  first  having  procured  an
    28  appropriate  license  as prescribed in this article shall be guilty of a
    29  misdemeanor. Any person,  partnership  or  corporation  who  promotes  a
    30  professional  wrestling  match  or exhibition in the state without first
    31  having procured an appropriate license in accordance  with  section  one
    32  thousand seventeen of this article, shall be guilty of a misdemeanor.
    33    4.  Any  corporation,  entity,  person  or persons, licensed under the
    34  provisions of this article, that shall knowingly  violate  any  rule  or
    35  order of the commission or any provision of this article, in addition to
    36  any  other penalty by law prescribed, shall be liable to a civil penalty
    37  not to exceed ten thousand dollars for the  first  offense  and  not  to
    38  exceed  twenty-five  thousand dollars for the second and each subsequent
    39  offense, to be imposed by the commission, to be sued for by  the  attor-
    40  ney-general  in  the  name  of  the  people  of the state of New York if
    41  directed by the commission. The commission, for cause shown, may  extend
    42  the  time for the payment of such penalty and, by compromise, may accept
    43  less than the amount of such penalty as imposed in  settlement  thereof.
    44  For  the  purposes  of  this  section,  each  transaction  or  statutory
    45  violation shall constitute a separate offense, except that a  second  or
    46  subsequent  offense  shall  not be deemed to exist unless a decision has
    47  been rendered in a prior, separate and independent proceeding.
    48    5. On the first infraction of rules or regulations promulgated  pursu-
    49  ant  to  subdivision  two  of section one thousand nine of this article,
    50  which infraction may include more than  one  individual  violation,  the
    51  commission  may  impose  a civil fine of up to two hundred fifty dollars
    52  for each health and safety violation and may suspend the training facil-
    53  ity's license until the violation or violations are corrected.   On  the
    54  second  such infraction, the commission may impose a civil fine of up to
    55  five hundred dollars for  each  health  and  safety  violation  and  may
    56  suspend   the   training  facility's  license  until  the  violation  or

        S. 2159--A                         14
 
     1  violations are corrected. On the third such infraction or for subsequent
     2  infractions, the commission may impose a  civil  fine  of  up  to  seven
     3  hundred  fifty  dollars  for  each  health  and safety violation and may
     4  revoke the training facility's license.
     5    6.  All  penalties  imposed  and  collected by the commission from any
     6  corporation, entity, person or persons licensed under the provisions  of
     7  this  article, which fines and penalties are imposed and collected under
     8  authority hereby vested shall within thirty days after the receipt ther-
     9  eof by the commission be paid by them into the state treasury.
    10    § 1020. Subpoenas by commission;  oaths.  The  commission  shall  have
    11  authority  to  issue, under the hand of its chairperson, and the seal of
    12  the commission, subpoenas for the attendance  of  witnesses  before  the
    13  commission.  A  subpoena issued under this section shall be regulated by
    14  the civil practice law and rules.
    15    § 1021. Exceptions. The provisions of this article except as  provided
    16  in  subdivision  twelve  of section one thousand fifteen of this article
    17  shall not be construed to apply to any sparring  or  boxing  contest  or
    18  exhibition  conducted  under  the  supervision or the control of the New
    19  York state national guard or naval militia where all of the  contestants
    20  are members of the active militia; nor to any such contest or exhibition
    21  where  the  contestants  are  all  amateurs,  sponsored by and under the
    22  supervision of any university, college, school or other  institution  of
    23  learning, recognized by the regents of the state of New York; nor to any
    24  business  entity incorporated for the sole purpose of providing instruc-
    25  tion and evaluation in a combative sport to customers for  the  purposes
    26  of  health  and  fitness,  personal development, self-defense or partic-
    27  ipation in amateur events conducted by an authorized sanctioning entity;
    28  nor to any such contest or exhibitions where  the  contestants  are  all
    29  amateurs  sponsored by and under the supervision of the American Olympic
    30  Association or, in the case of boxing, the U.S.   Amateur Boxing  Feder-
    31  ation  or  its local affiliates or the American Olympic Association; nor
    32  except as to the extent provided  otherwise  in  this  article,  to  any
    33  professional wrestling contest or exhibition as defined in this article.
    34  Any  individual,  association, corporation or club, except elementary or
    35  high schools or equivalent institutions of learning  recognized  by  the
    36  regents  of  the  state  of  New  York, who or which conducts an amateur
    37  contest pursuant to this section must register with the  U.  S.  Amateur
    38  Boxing  Federation  or  its  local affiliates and abide by its rules and
    39  regulations.
    40    § 1022. Disposition of receipts. All receipts of the commission  shall
    41  be  paid  into the state treasury, provided, however, that receipts from
    42  the tax imposed by article nineteen of the tax law shall be deposited as
    43  provided by section one hundred seventy-one-a of the tax law.
    44    § 2.  Subdivision 1 of section 451 of  the  tax  law,  as  amended  by
    45  section  1  of  part F of chapter 407 of the laws of 1999, is amended to
    46  read as follows:
    47    1. "Gross receipts from ticket  sales"  shall  mean  the  total  gross
    48  receipts  of  every person from the sale of tickets to any [professional
    49  or amateur boxing, sparring or wrestling match or exhibition] authorized
    50  combative sport held in this state, and without any deduction whatsoever
    51  for commissions, brokerage, distribution fees, advertising or any  other
    52  expenses, charges and recoupments in respect thereto.
    53    §  3. Section 452 of the tax law, as amended by section 2 of part F of
    54  chapter 407 of the laws of 1999, is amended to read as follows:
    55    § 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
    56  hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the

        S. 2159--A                         15
 
     1  gross receipts of every  person  holding  any  professional  or  amateur
     2  boxing,  sparring  or  wrestling match or exhibition in this state. Such
     3  tax shall be imposed on such gross receipts, exclusive  of  any  federal
     4  taxes, as follows:
     5    (a)  three percent of gross receipts from ticket sales, except that in
     6  no event shall the tax imposed by this  [subdivision]  paragraph  exceed
     7  fifty thousand dollars for any match or exhibition;
     8    (b)  three  percent of gross receipts from broadcasting rights, except
     9  that in no event shall the tax imposed by this  [subdivision]  paragraph
    10  exceed fifty thousand dollars for any match or exhibition.
    11    2. On and after the effective date of this subdivision, a tax is here-
    12  by  imposed  and  shall  be paid upon the gross receipts of every person
    13  holding any authorized combative sport in this  state,  other  than  any
    14  professional  amateur boxing, sparring or wrestling exhibition or match,
    15  exclusive of any federal taxes as follows;
    16    (a) eight and one-half percent of gross receipt from ticket sales; and
    17    (b) three percent of gross receipts from broadcasting rights including
    18  digital streaming over the internet, except that in no event shall  such
    19  tax  imposed  on  gross  receipts  from broadcasting rights exceed fifty
    20  thousand dollars for any match or exhibition.
    21    § 4.  The article heading of article 19 of the tax law,  as  added  by
    22  chapter 833 of the laws of 1987, is amended to read as follows:
    23           [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
    24                                 SPORTS TAX
    25    § 5. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
    26  amended  by section 100 of part A of chapter 389 of the laws of 1997, is
    27  amended to read as follows:
    28    (1) Any admission charge where such admission charge is in  excess  of
    29  ten  cents  to  or  for  the use of any place of amusement in the state,
    30  except charges for admission to race tracks, [boxing, sparring or  wres-
    31  tling  matches  or  exhibitions]  or  combative sports which charges are
    32  taxed under any other law of this state, or  dramatic  or  musical  arts
    33  performances,  or  live circus performances, or motion picture theaters,
    34  and except charges to a patron for admission to, or use  of,  facilities
    35  for  sporting  activities  in  which such patron is to be a participant,
    36  such as bowling alleys and swimming pools. For  any  person  having  the
    37  permanent  use  or  possession of a box or seat or a lease or a license,
    38  other than a season ticket, for the use of a box or seat at a  place  of
    39  amusement,  the  tax shall be upon the amount for which a similar box or
    40  seat is sold for each performance or exhibition at which the box or seat
    41  is used or reserved by the holder, licensee or lessee, and shall be paid
    42  by the holder, licensee or lessee.
    43    § 6.  The section heading of section 1820 of the tax law,  as  amended
    44  by  section  32  of  subpart  I of part V-1 of chapter 57 of the laws of
    45  2009, is amended to read as follows:
    46    [Boxing and wrestling exhibitions] Authorized combative sports tax.
    47    § 7.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
    48  beverage control law, as added by chapter 254 of the laws  of  2001,  is
    49  amended to read as follows:
    50    (b)  The  prohibition  contained in paragraph (a) of this subdivision,
    51  however, shall not be applied to any [professional match  or  exhibition
    52  which consists of boxing, sparring, wrestling, or martial arts and which
    53  is  excepted from the definition of the term "combative sport" contained
    54  in subdivision one of section five-a of chapter nine hundred  twelve  of
    55  the laws of nineteen hundred twenty, as added by chapter fourteen of the
    56  laws of nineteen hundred ninety-seven] authorized combative sport.

        S. 2159--A                         16
 
     1    § 8. The department of state, with the assistance of the state athlet-
     2  ic  commission, medical advisory board, departments of health and finan-
     3  cial services, state insurance fund, division of budget and  such  other
     4  state  entities as appropriate, shall carefully consider potential mech-
     5  anisms  to  provide  financial  resources  for  the  payment of expenses
     6  related to medical and rehabilitative care  for  professionals  licensed
     7  under  article  forty-one  of  the  general  business law who experience
     8  debilitating brain injuries associated  with  repetitive  head  injuries
     9  sustained  through  their participation in combative sports. The depart-
    10  ment of state may consult and contract with third parties  for  services
    11  in  the  course of this review. The department of state shall report its
    12  findings and recommendations to the governor, temporary president of the
    13  senate and speaker of the assembly within eighteen months of the  effec-
    14  tive date of this section.
    15    §  9.  This  act shall take effect on the first day of the first month
    16  next succeeding the one hundred eightieth day after it shall have become
    17  a law and shall apply to gross receipts from combative sports held on or
    18  after that date; provided, however, that the addition, amendment  and/or
    19  repeal of any rule or regulation of the state athletic commission neces-
    20  sary for the implementation of this act on its effective date is author-
    21  ized to be made on or before such effective date.
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