S05949 Summary:

BILL NOS05949A
 
SAME ASSAME AS A02604-C
 
SPONSORGRIFFO
 
COSPNSRGOLDEN, PARKER, AVELLA, CROCI, FUNKE, KENNEDY, MARTINS, MURPHY, PANEPINTO, RITCHIE
 
MLTSPNSR
 
Rpld Chap 912 of 1920; ren Art 40 900 & 901 to be Art 43 1200 & 1201, add Art 41 1000 - 1022, Gen Bus L; amd 451, 452, 1105 & 1820, Art 19 head, Tax L; amd 106, 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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S05949 Actions:

BILL NOS05949A
 
06/12/2015REFERRED TO RULES
06/13/2015AMEND AND RECOMMIT TO RULES
06/13/2015PRINT NUMBER 5949A
06/16/2015ORDERED TO THIRD READING CAL.1698
06/16/2015PASSED SENATE
06/16/2015DELIVERED TO ASSEMBLY
06/16/2015referred to tourism, parks, arts and sports development
01/06/2016died in assembly
01/06/2016returned to senate
01/06/2016REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
01/21/2016AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
01/21/2016PRINT NUMBER 5949B
01/26/2016REPORTED AND COMMITTED TO RULES
01/26/2016AMENDED BY RESTORING TO PREVIOUS PRINT 5949A
02/01/2016ORDERED TO THIRD READING CAL.85
02/01/2016PASSED SENATE
02/01/2016DELIVERED TO ASSEMBLY
02/01/2016referred to tourism, parks, arts and sports development
03/22/2016substituted for a2604c
03/22/2016ordered to third reading rules cal.5
03/22/2016passed assembly
03/22/2016returned to senate
04/13/2016DELIVERED TO GOVERNOR
04/14/2016SIGNED CHAP.32
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S05949 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5949--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 12, 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 Rules --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN ACT to amend the general business law, the tax law, and the alcoholic
          beverage  control law, in relation to authorized combative sports; and
          to repeal chapter 912 of the laws of 1920, relating to the  regulation
          of boxing, sparring, and wrestling
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Chapter 912 of the laws of 1920 relating to the  regulation
     2  of boxing, sparring, and wrestling is REPEALED.
     3    §  2. Article 40 and sections 900 and 901 of the general business law,
     4  as renumbered by chapter 407 of the laws of 1973, are renumbered article
     5  43 and sections 1200 and 1201, respectively, and a  new  article  41  is
     6  added to read as follows:
     7                                 ARTICLE 41
     8                              COMBATIVE SPORTS
     9  Section 1000. Definitions.
    10          1001. Combative sports authorized.
    11          1002. Combative sports prohibited.
    12          1003. State athletic commission.
    13          1004. Jurisdiction of the commission.
    14          1005. Officers and employees of the commission.
    15          1006. Sanctioning entities.
    16          1007. Licenses; general provisions.
    17          1008. Licenses; judges.
    18          1009. Licenses; entities.
    19          1010. Licenses; professionals.
    20          1011. Temporary working permits.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05199-08-5

        S. 5949--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 authorized pursuant to this article who
    14  is not receiving or  competing  for,  and  who  has  never  received  or
    15  competed for, any purse, money, prize, pecuniary gain, or other thing of
    16  value exceeding seventy-five dollars or the allowable amount established
    17  by the authorized amateur sanctioning entity overseeing the competition.
    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 wherein 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 a single, systematic, fight-
    32  ing 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, or who has ever received or competed for,  any  purse,
    36  money,  prize,  pecuniary  gain,  or  other thing exceeding seventy-five
    37  dollars in value.
    38    § 1001. Combative sports authorized. Combative sports conducted  under
    39  the  supervision  of the commission, under the supervision of an author-
    40  ized sanctioning entity, or as provided  for  in  section  one  thousand
    41  twenty-one  of this article, are hereby authorized. Authorized combative
    42  sports include, amateur and professional  boxing,  wrestling,  sparring,
    43  kick  boxing,  single  discipline  martial  arts and mixed martial arts,
    44  pursuant to the provisions of this article.
    45    § 1002. Combative sports  prohibited.  1.  The  conduct  of  combative
    46  sports  outside the supervision of the commission or an authorized sanc-
    47  tioning entity is prohibited.
    48    2. A person advances a prohibited combative sport when,  acting  other
    49  than  as a spectator, he or she engages in conduct which materially aids
    50  any unauthorized combative sport.  Such  conduct  includes  but  is  not
    51  limited  to  conduct  directed  toward  the  creation,  establishment or
    52  performance of a prohibited combative sport, toward the  acquisition  or
    53  maintenance of premises, paraphernalia, equipment or apparatus therefor,
    54  toward  the  solicitation  or inducement of persons to attend or partic-
    55  ipate therein, toward the actual conduct  of  the  performance  thereof,
    56  toward the arrangement of any of its financial or promotional phases, or

        S. 5949--A                          3
 
     1  toward  any other phase of a prohibited combative sport.  One advances a
     2  prohibited combative sport when, having substantial proprietary or other
     3  authoritative control over premises being used with his or her knowledge
     4  for  purposes of a prohibited combative sport, he or she permits such to
     5  occur or continue or makes  no  effort  to  prevent  its  occurrence  or
     6  continuation.
     7    3.  A  person profits from a prohibited combative sport when he or she
     8  accepts or receives money or other property with intent  to  participate
     9  in  the  proceeds  of  a  prohibited  combative sport, or pursuant to an
    10  agreement or understanding with any person whereby  he  or  she  partic-
    11  ipates  or  is  to participate in the proceeds of a prohibited combative
    12  sport.
    13    § 1003. State athletic commission. 1. The state  athletic  commission,
    14  as  named by chapter nine hundred twelve of the laws of nineteen hundred
    15  twenty, as amended by chapter six hundred three of the laws of  nineteen
    16  hundred  eighty-one,  is  continued  as  a division of the department of
    17  state. The commission shall act  in  the  best  interests  of  combative
    18  sports.  The  commission  is  enacted  to protect the health, safety and
    19  general welfare of all participants in combative sports  and  spectators
    20  thereof, to preserve the integrity of combative sports through the means
    21  of  licensing, oversight, enforcement and the authorization of sanction-
    22  ing entities, and to facilitate the development and responsible  conduct
    23  of  combative  sports  throughout the entire state. 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 commissioners shall be paid their actual and necessary travel-
    32  ing and other expenses incurred by them  in  the  performance  of  their
    33  official  duties.  The  members of the commission shall adopt a seal for
    34  the commission, and make such rules  for  the  administration  of  their
    35  office,  not inconsistent herewith, as they may deem expedient; and they
    36  may amend or abrogate such rules. Three of the members of the commission
    37  shall constitute a quorum to do  business;  and  the  concurrence  of  a
    38  majority  of  the  commissioners  present shall be necessary to render a
    39  determination by the commission.  The  commission  is  vested  with  the
    40  authority to adopt such rules and regulations as necessary to effectuate
    41  the provisions of this article.
    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 directly related to the conduct of authorized profes-
    55  sional combative sports in the state of New York.
    56    7. All disclosures to the commission shall be deemed confidential.

        S. 5949--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  amateur or professional combative sports, or to any combination  of  the
    15  foregoing  based  on  the  qualifications,  integrity and history of the
    16  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  sections  one  thousand  six,  one thousand eleven, and one thousand
    29  seventeen of this article, with respect to all  authorized  professional
    30  combative  sports  in  this  state, all corporations, entities, persons,
    31  referees, judges, match-makers, timekeepers,  professionals,  and  their
    32  managers,  trainers, and seconds shall be licensed by the commission. No
    33  such corporation, entity or person shall be  permitted  to  participate,
    34  either  directly or indirectly, in any authorized professional combative
    35  sport, or the holding thereof, or the operation of any training facility
    36  providing contact sparring maintained either exclusively or in part  for
    37  the  use  of  professional  boxers  or  professional  mixed martial arts
    38  participants, unless  such  corporation  or  persons  shall  have  first
    39  procured  a  license from the commission. The commission shall establish
    40  by rule and regulation licensing standards 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.  (a)  The  commission  shall  establish  reasonable fees, terms and
    48  renewal terms for licenses,  permits  and  other  authorizations  issued
    49  pursuant  to  this  article,  provided, however, that all terms, renewal
    50  terms and fees in effect pursuant to chapter nine hundred twelve of  the
    51  laws  of nineteen hundred twenty, and any subsequent amendments thereto,
    52  immediately prior to the enactment of this article, shall  remain  fixed
    53  at their prior statutory levels for a period of two years from enactment
    54  of  this  article.  The commission shall publish all fees, including the
    55  aforementioned, in a single location on its website. All fees set by the

        S. 5949--A                          5
 
     1  commission pursuant to this section shall be subject to the approval  of
     2  the director of the budget.
     3    (b) With respect to the fees established by the commission pursuant to
     4  paragraph  (a)  of  this  subdivision,  when  such  fees  are payable in
     5  relation to authorized combative sports constituting mixed martial arts,
     6  the following shall apply:
     7    (i) by promoters, for contests held where the seating capacity is  not
     8  more  than  two  thousand  five hundred, the promoter shall pay not more
     9  than five hundred dollars;
    10    (ii) by promoters, for contests held where  the  seating  capacity  is
    11  greater than two thousand five hundred, but not more than five thousand,
    12  the promoter shall pay not more than one thousand dollars;
    13    (iii)  by  promoters,  for contests held where the seating capacity is
    14  greater than five thousand, but not  more  than  fifteen  thousand,  the
    15  promoter shall pay not more than one thousand five hundred dollars;
    16    (iv)  by  promoters,  for  contests held where the seating capacity is
    17  greater than fifteen thousand, but not more than  twenty-five  thousand,
    18  the promoter shall pay not more than two thousand five hundred dollars;
    19    (v)  by  promoters,  for  contests  held where the seating capacity is
    20  greater than twenty-five thousand, the promoter shall pay not more  than
    21  three thousand dollars;
    22    (vi) for referees and judges, not more than one hundred dollars;
    23    (vii)  for  professional  participants, managers and trainers not more
    24  than fifty dollars; and
    25    (viii) for chief seconds, not more than forty dollars.
    26    4. Any license, temporary work permit or  other  authorization  issued
    27  under  the provisions of this article may be revoked or suspended by the
    28  commission when the licensee, permittee or authorized entity has, in the
    29  judgment of the commission, violated any provision of this article, rule
    30  or order of the commission,  demonstrated  conduct  detrimental  to  the
    31  interests  of  authorized  combative  sports  generally or to the public
    32  interest, or when the commission deems it to be in the best interests of
    33  the health and safety of the licensee.
    34    (a) Any licensee who suffered a knockout or technical  knockout  in  a
    35  combative sport may, upon the recommendation of the attending commission
    36  physician,  be  suspended  by the commission, for a period determined by
    37  the commission, and shall forfeit his or her license to  the  commission
    38  during  such  period. Such license shall not be returned to the licensee
    39  until he or she has met all requirements,  medical  and  otherwise,  for
    40  reinstatement of such license. All such suspensions shall be recorded in
    41  his or her license by a commission official.
    42    (b)  Notwithstanding  any  other  provision of law, if any other state
    43  shall revoke a licensee's license to compete in combative sports in that
    44  state, then the commission may act to revoke any license issued to  such
    45  licensee pursuant to the provisions of this article.
    46    §  1008. Licenses; judges. 1. Except as otherwise provided in sections
    47  one thousand six and one thousand seventeen  of  this  article,  only  a
    48  person  licensed  by  the  commission,  as a combative sports judge, may
    49  judge an authorized professional combative sport within the state. Judg-
    50  es for any authorized professional combative sport under  the  jurisdic-
    51  tion  of  the commission shall be selected by the commission from a list
    52  of qualified licensed judges maintained by the commission.
    53    2. Any participant in a professional combative sport  or  his  or  her
    54  manager  may  protest  the  assignment  of  a judge to a contest and the
    55  participant or manager may be heard by the commission or its designee if

        S. 5949--A                          6
 
     1  such protest is timely. If the protest is untimely it shall be summarily
     2  rejected.
     3    3.  Each  person  seeking  to be licensed as a judge by the commission
     4  shall be required to submit to or provide proof of  an  eye  examination
     5  and  annually  thereafter  on  the  anniversary  of  the issuance of the
     6  license. The commission shall establish  continuing  education  programs
     7  and  requirements to be completed by licensed judges. Each judge must be
     8  certified as having completed a training  program  as  approved  by  the
     9  commission and shall pass an examination approved by the commission.
    10    4.  Each  person  seeking  a  license to judge authorized professional
    11  combative sports in the state shall be required to fill out a  financial
    12  questionnaire certifying under penalty of perjury full disclosure of the
    13  judge's  financial situation on a questionnaire to be promulgated by the
    14  commission.  Such questionnaire shall be in a form and  manner  approved
    15  by the commission and shall provide information as to areas of actual or
    16  potential conflict of interest as well as appearances of such conflicts,
    17  including  financial  responsibility.  Within  forty-eight  hours of any
    18  match, each judge of a professional combative sport shall file with  the
    19  commission  a  financial disclosure statement in such form and manner as
    20  shall be acceptable to the commission.
    21    § 1009. Licenses; entities. 1. (a) Except  as  otherwise  provided  in
    22  sections  one  thousand  six and one thousand seventeen of this article,
    23  only entities licensed by  the  commission  may  conduct  an  authorized
    24  professional  combative  sport  within the state. The commission may, in
    25  its discretion, issue a license to conduct or  hold  authorized  profes-
    26  sional combative sports, subject to the provisions hereof, to any person
    27  or  corporation  duly incorporated, or limited liability company author-
    28  ized, under the laws of the state of New York.
    29    (b) A prospective licensee must submit to the commission proof that it
    30  can furnish suitable premises, as determined by the commission, in which
    31  such combative sport is to be held.
    32    (c) Upon written application the commission may grant  to  any  entity
    33  holding  a  license  issued  hereunder,  the privilege of holding such a
    34  match or exhibition on a specified date in other premises, or in another
    35  location, than the premises  or  location  previously  approved  by  the
    36  commission,  subject however to approval of the commission and the rules
    37  and regulations of the commission.
    38    2. (a) The commission may, in its discretion and  in  accordance  with
    39  regulations  adopted  by the commission to protect the health and safety
    40  of professionals in training, issue a  license  to  operate  a  training
    41  facility  providing contact sparring maintained either exclusively or in
    42  part for the use of professional combative  sports  participants.  At  a
    43  minimum, any such regulation shall require:
    44    (i)  first aid materials to be stored in an accessible location on the
    45  premises and for the presence on the premises of a  person  trained  and
    46  certified  in the use of such materials and procedures for cardio-pulmo-
    47  nary resuscitation at all times during which the facility  is  open  for
    48  training purposes;
    49    (ii) clean and sanitary bathrooms, shower rooms, and locker rooms;
    50    (iii)  adequate  ventilation  and  lighting of accessible areas of the
    51  training facility;
    52    (iv) establishment of a policy concerning the restriction  of  smoking
    53  in  training  areas,  including  provisions  for  its enforcement by the
    54  facility operator;
    55    (v) compliance with state and local fire ordinances;

        S. 5949--A                          7
 
     1    (vi) inspection and approval of surfaces on which training for  comba-
     2  tive sports will be held; and
     3    (vii)  establishment  of  a  policy for posting all commission license
     4  suspensions and license revocations received from the commission includ-
     5  ing provisions for enforcement of such suspensions  and  revocations  by
     6  the facility operator.
     7    (b) A prospective entity licensee shall submit to the commission proof
     8  that  it  can furnish suitable facilities in which the training is to be
     9  conducted, including the making of such  training  facilities  available
    10  for inspection by the commission at any time during which training is in
    11  progress.
    12    §  1010.  Licenses;  professionals. 1. Except as otherwise provided in
    13  sections one thousand six, one thousand eleven and one  thousand  seven-
    14  teen  of  this  article,  only  persons licensed by the commission shall
    15  compete in authorized professional combative sports.
    16    2. Any professional applying for a license or renewal of a license  to
    17  participate  in  combative  sports  under  this  article shall undergo a
    18  comprehensive physical examination including clinical neurological exam-
    19  inations by a physician approved by the commission.  If, at the time  of
    20  such  examination,  there  is any indication of brain injury, or for any
    21  other reason the physician deems it appropriate, the professional  shall
    22  be  required  to undergo further neurological examinations by a neurolo-
    23  gist including magnetic resonance imaging or other medically  equivalent
    24  procedures.  The  commission shall not issue a license to a professional
    25  until such examinations are completed and reviewed  by  the  commission.
    26  The results of all such examinations herein required shall become a part
    27  of  the  professional's  permanent  medical  record as maintained by the
    28  commission. The costs of all such examinations for  professional  boxers
    29  shall  be  assumed  by the state if such examinations are performed by a
    30  physician or neurologist approved by the commission; the  costs  of  all
    31  such examinations for professional mixed martial arts participants shall
    32  be  assumed  by  the  applicant  or promoter with which the professional
    33  mixed martial arts participant is affiliated, regardless of provider.
    34    3. Any professional licensed under this article shall, as a  condition
    35  of licensure, waive right of confidentiality of medical records relating
    36  to treatment of any physical condition which relates to his or her abil-
    37  ity  to fight. All medical reports submitted to, and all medical records
    38  of the medical advisory board or the commission relative to the physical
    39  examination or condition of professionals shall be considered  confiden-
    40  tial,  and  shall  be  open to examination only to the commission or its
    41  authorized representative, to the licensed professional or manager  upon
    42  written  application  to  examine  said  records, or upon the order of a
    43  court of competent jurisdiction in an appropriate case.
    44    § 1011. Temporary working permits. The commission may issue  temporary
    45  working  permits to professionals, their managers, trainers and seconds.
    46  A temporary working permit shall authorize the employment of the  holder
    47  of  such  permit to engage in a single authorized professional combative
    48  sport at a specified time and place. The  commission  may  require  that
    49  professionals  applying for temporary working permits undergo a physical
    50  examination and neurological test or procedure, including magnetic reso-
    51  nance imaging  or  medically  equivalent  procedure.  Temporary  working
    52  permits  shall  expire  upon  the  completion  of  the single authorized
    53  professional  combative  sport  and  any   subsequent   evaluations   or
    54  inspections  required  by  the  commission.   The fee for such temporary
    55  working permit shall be established by the commission pursuant to rule.

        S. 5949--A                          8
 
     1    § 1012. Temporary training facilities. The commission in its  judgment
     2  may  exempt  from  licensing  under  this  article any training facility
     3  providing contact sparring established and  maintained  on  a  temporary
     4  basis  for the purpose of preparing professionals for a specific author-
     5  ized  combative sport to be conducted, held or given within the state of
     6  New York.
     7    § 1013. Medical advisory board. 1. The medical advisory board  created
     8  pursuant  to chapter nine hundred twelve of the laws of nineteen hundred
     9  twenty, and subsequent amendments thereto is  hereby  continued  without
    10  interruption.  It  shall remain a division of the state athletic commis-
    11  sion, and shall consist of nine members to be appointed by the governor.
    12  The governor shall designate one of such members as chairperson  of  the
    13  advisory  board.  The  term  of a member thereafter appointed, except to
    14  fill a vacancy, shall be three years from the expiration of the term  of
    15  his  predecessor. Upon the appointment of a successor to the chairperson
    16  of the advisory board, the governor shall designate  such  successor  or
    17  other  member  of the advisory board as chairperson. A vacancy occurring
    18  otherwise than by expiration of term, shall be filled by appointment  by
    19  the  governor  for  the  remainder  only of the term. Each member of the
    20  advisory board shall be duly licensed to practice medicine in the  state
    21  of New York, and at the time of his or her appointment have had at least
    22  five  years'  experience  in  the practice of his or her profession. The
    23  members of the advisory board shall receive such compensation as may  be
    24  fixed by the commission within the amount provided by appropriation, and
    25  shall  be  allowed  and  paid  necessary  traveling  and  other expenses
    26  incurred by them, respectively, in the performance of their duties here-
    27  under.
    28    2. The advisory board shall have power and it shall be the duty of the
    29  board to prepare and submit to the commission for  approval  regulations
    30  and  standards  for the physical examination of professionals including,
    31  without limitation, pre-fight and post-fight examinations  and  periodic
    32  comprehensive  examinations.  The  board  shall  continue to serve in an
    33  advisory capacity to the commission and from time to  time  prepare  and
    34  submit  to  the commission for approval, such additional regulations and
    35  standards of examination as in their judgment will safeguard  the  phys-
    36  ical  welfare  of professionals licensed by the commission. The advisory
    37  board shall recommend to the commission from time to time such qualified
    38  physicians, who may be designated and employed by the commission for the
    39  purpose of conducting physical examinations of professionals  and  other
    40  services  as the rules of the commission shall provide. Such physicians,
    41  if so employed, shall receive compensation as fixed  by  the  commission
    42  within  amounts  appropriated therefor. The provisions of section seven-
    43  teen of the public officers law shall apply to any physician who:
    44    (a) is designated and employed by the commission; and
    45    (b) is rendering professional services on behalf of the commission  to
    46  professionals.
    47    3.  The  advisory board shall develop or recommend appropriate medical
    48  education programs for all commission personnel involved in the  conduct
    49  of  authorized combative sports so that such personnel can recognize and
    50  act upon evidence of potential or actual adverse medical indications  in
    51  a participant prior to, during or after the course of a match.
    52    4.  The advisory board shall review the credentials and performance of
    53  each commission physician on an annual basis.
    54    5. The advisory board shall advise the  commission  on  any  study  of
    55  equipment, procedures or personnel which will, in their opinion, promote
    56  the safety of professionals.

        S. 5949--A                          9
 
     1    §  1014.  Regulation of authorized professional combative sports.  The
     2  commission shall promulgate regulations governing the conduct of author-
     3  ized professional combative sports that:
     4    1.  establish  parameters  and  limitations  on weights and classes of
     5  professionals;
     6    2. establish parameters and limitations on the number and duration  of
     7  rounds;
     8    3.  establish  the requirements for the presence of medical equipment,
     9  medical personnel, an ambulance, other emergency apparatus and an  emer-
    10  gency medical plan;
    11    4.  establish  responsibilities  of  all  licensees before, during and
    12  after an event;
    13    5. define unsportsmanlike practices;
    14    6. establish conditions for the forfeiture of any prize,  remuneration
    15  or  purse,  or  any  part thereof based on the conduct of professionals,
    16  their managers and seconds;
    17    7. establish parameters and standards for required and allowed  equip-
    18  ment items utilized by professionals;
    19    8.  establish  parameters and standards for rings, combat surfaces and
    20  appurtenances thereto; and
    21    9. establish such other rules  and  conditions  as  are  necessary  to
    22  effectuate the commission's purpose.
    23    §  1015.  Conduct of authorized professional combative sports. 1.  All
    24  buildings or structures used or  intended  to  be  used  for  conducting
    25  authorized  professional  combative  sports shall be properly ventilated
    26  and provided with fire exits and fire escapes, and in all manner conform
    27  to the laws, ordinances and regulations pertaining to buildings  in  the
    28  city, town or village where situated.
    29    2.  No person under the age of eighteen years shall participate in any
    30  authorized professional combative sports, and no  person  under  sixteen
    31  years  of  age  shall  be  permitted  to  attend thereat as a spectator,
    32  provided, however, that a person under the age of sixteen may be permit-
    33  ted to attend as a spectator if accompanied by a parent or guardian.
    34    3. Except as otherwise provided in sections one thousand six  and  one
    35  thousand  seventeen  of  this  article,  at each authorized professional
    36  combative sport, except where conducted solely  for  training  purposes,
    37  there  shall  be  in attendance a duly licensed referee who shall direct
    38  and control the same. There shall also be in  attendance,  except  where
    39  conducted  solely  for training purposes, three duly licensed judges who
    40  shall at the termination of each such authorized professional  combative
    41  sport  render  their decision. The winner shall be determined in accord-
    42  ance with a scoring system prescribed by the commission.
    43    4. Except as otherwise provided in sections one thousand six  and  one
    44  thousand  seventeen  of  this  article,  the  commission shall direct an
    45  employee of the commission to be present at each place where  authorized
    46  professional combative sports are to be conducted.  Such employee of the
    47  commission shall ascertain the exact conditions surrounding such author-
    48  ized  professional combative sport and make a written report of the same
    49  in the manner and form prescribed by the commission.   Where  authorized
    50  professional combative sports are approved to be held in a state or city
    51  owned  armory, the provision of the military law in respect thereto must
    52  be complied with.
    53    5. Except as otherwise provided in sections one thousand six  and  one
    54  thousand  seventeen  of this article, any ring or combat surface must be
    55  inspected and approved by the commission prior to  the  commencement  of
    56  any authorized professional combative sport.

        S. 5949--A                         10
 
     1    6.  Except  as otherwise provided in sections one thousand six and one
     2  thousand seventeen of this article, all professionals must  be  examined
     3  by  a physician designated by the commission before entering the ring or
     4  combat surface and each such physician shall immediately file  with  the
     5  commission  a  written  report of such examination. The cost of any such
     6  examination, as prescribed by a schedule  of  fees  established  by  the
     7  commission,  shall  be paid by the corporation conducting the authorized
     8  professional combative sport to the commission. It shall be the duty  of
     9  every  person  or  corporation licensed to conduct an authorized profes-
    10  sional combative sport,  to  have  in  attendance  at  every  authorized
    11  professional  combative  sport, at least one physician designated by the
    12  commission as the rules shall provide. The commission  may  establish  a
    13  schedule  of  fees  to be paid by the licensee to cover the cost of such
    14  attendance.
    15    7. The physician shall terminate any authorized professional combative
    16  sport if in the opinion of such physician any professional has  received
    17  severe  punishment  or  is  in danger of serious physical injury. In the
    18  event of any serious physical injury, such physician  shall  immediately
    19  render any emergency treatment necessary, recommend further treatment or
    20  hospitalization  if  required, and fully report the entire matter to the
    21  commission within twenty-four hours and if necessary, subsequently ther-
    22  eafter. Such physician may also require that  the  injured  professional
    23  and  his  or her manager remain in the ring or on the premises or report
    24  to a hospital after the contest for such period of time as  such  physi-
    25  cian  deems  advisable.  Any  professional  licensed  under this article
    26  rendered unconscious or suffering  head  trauma  as  determined  by  the
    27  attending  physician  shall  be  immediately  examined  by the attending
    28  commission physician and shall be required to undergo neurological exam-
    29  inations by a neurologist including but not limited  to  magnetic  reso-
    30  nance imaging or medically equivalent procedure.
    31    8.  Such physician may enter the ring at any time during an authorized
    32  professional combative sport and may terminate the match if  in  his  or
    33  her  opinion the same is necessary to prevent severe punishment or seri-
    34  ous physical injury to a professional.
    35    9. Before a license shall be granted to a  person  or  corporation  to
    36  conduct  an authorized professional combative sport, the applicant shall
    37  execute and file with the secretary of state a bond in an amount  to  be
    38  determined  by the commission, to be approved as to form and sufficiency
    39  of sureties thereon by the  secretary  of  state,  conditioned  for  the
    40  faithful performance by said corporation of the provisions of this arti-
    41  cle and the rules and regulations of the commission, and upon the filing
    42  and  approval  of  said  bond the secretary of state shall issue to said
    43  applicant a certificate of such filing and approval, which shall be,  by
    44  said  applicant, filed in the office of the commission with its applica-
    45  tion for license, and no such license shall be issued until such certif-
    46  icate shall be filed. In  case  of  default  in  such  performance,  the
    47  commission  may  impose  upon the delinquent a penalty in the sum of not
    48  more than one thousand dollars for each offense, which may be  recovered
    49  by  the  attorney-general  in the name of the people of the state of New
    50  York in the same manner as other penalties are  recovered  by  law;  any
    51  amount so recovered shall be paid into the treasury.
    52    10.  In  addition  to  the  bond  required by subdivision nine of this
    53  section, each applicant for a license to conduct an  authorized  profes-
    54  sional  combative  sport  shall  execute  and file with the secretary of
    55  state a bond in an amount to be  determined  by  the  commission  to  be
    56  approved as to form and sufficiency of sureties thereon by the secretary

        S. 5949--A                         11
 
     1  of state, conditioned for and guaranteeing the payment of professionals'
     2  and  professional wrestlers' purses, salaries of club employees licensed
     3  by the commission, and the legitimate expenses of printing  tickets  and
     4  all advertising material.
     5    11.  All persons, parties or corporations having licenses as promoters
     6  or who are licensed in accordance with section one thousand seventeen of
     7  this article shall continuously provide accident insurance or such other
     8  form of financial guarantee deemed acceptable by the commission, for the
     9  protection of licensed professionals and professional wrestlers, appear-
    10  ing in authorized professional combative  sports  or  wrestling  exhibi-
    11  tions.  Such  accident  insurance  or  financial guarantee shall provide
    12  coverage to the licensed professional for: medical, surgical and  hospi-
    13  tal  care,  with  a minimum limit of fifty thousand dollars for injuries
    14  sustained while participating in any program operated under the  control
    15  of such licensed promoter and for a payment of fifty thousand dollars to
    16  the  estate  of  any  deceased athlete where such death is occasioned by
    17  injuries received in this state during the course of a program in  which
    18  such  licensed  professional or professional wrestler participated under
    19  the promotion or control of any licensed promoter; and, medical,  surgi-
    20  cal  and  hospital  care with a minimum limit of one million dollars for
    21  the treatment of a life-threatening brain injury sustained in a  program
    22  operated under the control of such licensed promoter, where an identifi-
    23  able,  causal  link  exists  between the professional licensee's partic-
    24  ipation in such program and the  life-threatening  brain  injury.  Where
    25  applicable,  professional  licensees  shall  be  afforded  the option to
    26  supplement the premiums for the accident insurance or financial  guaran-
    27  tee  to increase the coverage beyond the minimum limits required by this
    28  subdivision.  The commission may from time  to  time,  promulgate  regu-
    29  lations  to  adjust  the  amount  of such minimum limits. The failure to
    30  provide such insurance as is required by this subdivision shall be cause
    31  for the suspension or the revocation of the license of  such  defaulting
    32  entity.
    33    12. (a) Every individual, corporation, association or club holding any
    34  professional  or  amateur  combative  sport,  including any professional
    35  wrestling match or exhibition, for which an admission fee is charged  or
    36  received,  shall  notify  the  athletic  commission at least ten days in
    37  advance of the holding of such contest. All tickets of admission to  any
    38  such  professional  or amateur combative sport or professional wrestling
    39  match or exhibition shall be procured from a printer duly authorized  by
    40  the  state  athletic  commission  to  print  such tickets and shall bear
    41  clearly upon the face thereof the purchase price and location of same.
    42    (b) Pursuant to direction by the commissioner of taxation and finance,
    43  employees or officers of the commission  shall  act  as  agents  of  the
    44  commissioner of taxation and finance to collect the tax imposed by arti-
    45  cle  nineteen  of the tax law. The athletic commission shall provide the
    46  commissioner of taxation and finance with such information and technical
    47  assistance as may be necessary for the  proper  administration  of  such
    48  tax.
    49    § 1016. Required filings. 1. The organization that promotes, sanctions
    50  or  otherwise participates in the proposition, selection, or arrangement
    51  of one or more professionals for a contest must file with the commission
    52  a written statement executed under penalty of perjury  stating  (a)  all
    53  charges,  expenses,  fees,  and  costs that will be assessed against any
    54  professional participating in the event;  (b)  all  payments,  benefits,
    55  complimentary  benefits and fees the organization or entity will receive
    56  for its affiliation with the event; (c) the name of  the  promoter;  (d)

        S. 5949--A                         12
 
     1  sponsor  of  the  event;  and  (e) all other sources, and such other and
     2  additional information as  required  by  the  commission.  Such  written
     3  statement  shall be filed in a form and manner acceptable to the commis-
     4  sion.
     5    2.  The  promoter, organizer, producer or another that participates in
     6  the proposition, selection, or arrangement of one or more  professionals
     7  for  a  contest  must file with the commission a written statement under
     8  penalty of perjury detailing all charges, fees, costs and expenses by or
     9  through the promoter  on  the  professional  pertaining  to  the  event,
    10  including any portion of the professional's purse that the promoter will
    11  receive  and  training  expenses and all payments, gifts or benefits the
    12  promoter is providing to any sanctioning  organization  affiliated  with
    13  the  event.  Such  written statement shall be filed in a form and manner
    14  acceptable to the commission.
    15    3. The promoter, organizer, producer or another that  participates  in
    16  the  proposition, selection, or arrangement of one or more professionals
    17  for a contest must file with the commission a copy of any  agreement  in
    18  writing  to  which the promoter is a party with any professional partic-
    19  ipating in the match.
    20    4. All contracts calling for the services  of  a  professional  in  an
    21  authorized  professional  combative  sport  and entered into by licensed
    22  promoters, professionals or managers as one or more of  the  parties  in
    23  such  contracts, including those contracts which relate to the rights to
    24  distribute, televise or otherwise transmit any  authorized  professional
    25  combative  sport  over  the airwaves or by cable shall be subject to the
    26  approval of the commission and copies thereof shall be  filed  with  the
    27  commission  by  such  corporation, professional or manager within forty-
    28  eight hours after the execution of such contract and at least ten  busi-
    29  ness  days  prior  to any bouts, or the first of any series of bouts, to
    30  which they relate. The commission may waive  such  filing  deadline  for
    31  good cause shown.
    32    § 1017. Professional wrestling; promoters. 1. For the purposes of this
    33  article,  "professional  wrestling"  shall  mean  an  activity  in which
    34  participants struggle hand-in-hand primarily for the purpose of  provid-
    35  ing  entertainment to spectators and which does not comprise a bona fide
    36  athletic contest or competition.
    37    2. Every person, partnership or  corporation  promoting  one  or  more
    38  professional  wrestling  exhibitions  in this state shall be required to
    39  obtain from the commission an annual license to conduct such exhibitions
    40  subject to terms and conditions promulgated by the  commission  pursuant
    41  to  rule  and consistent with the applicable provisions of this article.
    42  Each applicant shall pay an annual fee  established  by  the  commission
    43  pursuant to rule.
    44    3.  A  licensed promoter of a professional wrestling exhibition in the
    45  state shall notify the athletic commission at least ten days in  advance
    46  of  the  holding of the exhibition. Each such promoter shall execute and
    47  file with the comptroller a bond in an amount not less than twenty thou-
    48  sand dollars to be approved as to form and sufficiency of sureties ther-
    49  eon by the comptroller, conditioned for and guaranteeing the payment  of
    50  professional  wrestler's  purses, salaries of club employees licensed by
    51  the commission, the legitimate expenses  of  printing  tickets  and  all
    52  advertising  material,  payments  to  sponsoring  organizations, and the
    53  applicable state and local sales and compensating use tax.
    54    4. A licensed promoter of a professional  wrestling  exhibition  shall
    55  provide  for  a licensed physician to be present at each exhibition, and
    56  such physician shall examine each wrestler prior  to  each  performance,

        S. 5949--A                         13
 
     1  and  each such pre-performance examination shall be conducted in accord-
     2  ance with regulations prescribed by the commission.
     3    5.  Every licensed promoter of professional wrestling who promotes six
     4  or more exhibitions in the state in a calendar year must have  in  place
     5  an  anti-drug  plan  and  file with the commission a written copy of the
     6  plan. Each such plan shall address the use  of  a  controlled  substance
     7  defined  in article thirty-three of the public health law, and such plan
     8  shall at minimum provide for the following:
     9    (a) dissemination of educational materials to  professional  wrestlers
    10  who  perform  for any such promoter including a list of prohibited drugs
    11  and available rehabilitation services; and
    12    (b) a referral procedure to permit any such professional  wrestler  to
    13  obtain rehabilitation services.
    14    §  1018.  Prohibited  conduct. 1. No corporation or person shall have,
    15  either directly or indirectly, any financial interest in a  professional
    16  boxer  competing  on  premises  owned  or  leased  by the corporation or
    17  person, or in which such corporation or person is  otherwise  interested
    18  except pursuant to the specific written authorization of the commission.
    19    2.  No contestant in a boxing or sparring match or exhibition shall be
    20  paid for services before the contest, and should it be determined by the
    21  commission that such contestant did not give an honest exhibition of his
    22  or her skill, such services shall not be paid for.
    23    3. Any person, including any corporation and the officers thereof, any
    24  physician, referee, judge, timekeeper, professional, manager, trainer or
    25  second, who shall promote, conduct, give or participate in any  sham  or
    26  collusive authorized professional combative sports, shall be deprived of
    27  his  or  her  license  by the commission and any other appropriate legal
    28  remedies.
    29    4. No licensed promoter or matchmaker  shall  knowingly  engage  in  a
    30  course  of  conduct  in which fights are arranged where one professional
    31  has skills or experience significantly in excess of  the  other  profes-
    32  sional so that a mismatch results with the potential of physical harm to
    33  the professional.
    34    §  1019. Penalties. 1. A person who knowingly advances or profits from
    35  a prohibited combative sport shall be guilty of a class  A  misdemeanor,
    36  and  shall be guilty of a class E felony if he or she has been convicted
    37  in the previous five years of violating this subdivision.
    38    2. Any person who knowingly advances  or  profits  from  a  prohibited
    39  combative  sport  shall also be subject to a civil penalty not to exceed
    40  for the first violation ten thousand dollars or twice the amount of gain
    41  derived therefrom whichever is greater, or for  a  subsequent  violation
    42  twenty-five  thousand dollars or twice the amount of gain derived there-
    43  from whichever is greater. The attorney general is hereby  empowered  to
    44  commence  judicial  proceedings  to recover such penalties and to obtain
    45  injunctive relief to enforce the provisions of this section.
    46    3. Any person or corporation who directly or indirectly  conducts  any
    47  combative sport without first having procured an appropriate license, or
    48  having been designated an authorized sanctioning entity as prescribed in
    49  this  article  shall  be guilty of a misdemeanor. Any person who partic-
    50  ipates in a combative sport as a referee, judge, match-maker,  timekeep-
    51  er,  professional,  manager,  trainer,  or  second  without first having
    52  procured an appropriate license as prescribed in this article, or  where
    53  such combative sport is prohibited under this article shall be guilty of
    54  a  misdemeanor.  Any  person,  partnership or corporation who promotes a
    55  professional wrestling match or exhibition in the  state  without  first

        S. 5949--A                         14
 
     1  having  procured  an  appropriate license in accordance with section one
     2  thousand seventeen of this article, shall be guilty of a misdemeanor.
     3    4.  Any corporation, entity, person or persons, licensed, permitted or
     4  otherwise authorized under the provisions of this  article,  that  shall
     5  knowingly  violate  any rule or order of the commission or any provision
     6  of this article, in addition to any other  penalty  by  law  prescribed,
     7  shall  be  liable  to a civil penalty not to exceed ten thousand dollars
     8  for the first offense and not to exceed twenty-five thousand dollars for
     9  the second and each subsequent offense, to be imposed by the commission,
    10  to be sued for by the attorney-general in the name of the people of  the
    11  state  of  New  York  if directed by the commission. The commission, for
    12  cause shown, may extend the time for the payment of such penalty and, by
    13  compromise, may accept less than the amount of such penalty  as  imposed
    14  in  settlement  thereof.  For  the purposes of this section, each trans-
    15  action or statutory  violation  shall  constitute  a  separate  offense,
    16  except  that a second or subsequent offense shall not be deemed to exist
    17  unless a decision has been rendered in a prior, separate and independent
    18  proceeding.
    19    5. On the first infraction of rules or regulations promulgated  pursu-
    20  ant  to  subdivision  two  of section one thousand nine of this article,
    21  which infraction may include more than  one  individual  violation,  the
    22  commission  may  impose  a civil fine of up to two hundred fifty dollars
    23  for each health and safety violation and may suspend the training facil-
    24  ity's license until the violation or violations are corrected.   On  the
    25  second  such infraction, the commission may impose a civil fine of up to
    26  five hundred dollars for  each  health  and  safety  violation  and  may
    27  suspend   the   training  facility's  license  until  the  violation  or
    28  violations are corrected. On the third such infraction or for subsequent
    29  infractions, the commission may impose a  civil  fine  of  up  to  seven
    30  hundred  fifty  dollars  for  each  health  and safety violation and may
    31  revoke the training facility's license.
    32    6. Any individual, corporation, association or club failing  to  fully
    33  comply  with paragraph (a) of subdivision twelve of section one thousand
    34  fifteen of this article shall be subject to a penalty  of  five  hundred
    35  dollars  to  be  collected  by and paid to the department of state.  Any
    36  individual, corporation, association or club is prohibited from  operat-
    37  ing  any  shows  or exhibitions until all penalties due pursuant to this
    38  section and taxes, interest and penalties due pursuant to article  nine-
    39  teen of the tax law have been paid.
    40    7.  All  penalties  imposed  and  collected by the commission from any
    41  corporation, entity, person or persons licensed under the provisions  of
    42  this  article, which fines and penalties are imposed and collected under
    43  authority hereby vested shall within thirty days after the receipt ther-
    44  eof by the commission be paid by them into the state treasury.
    45    § 1020. Subpoenas by commission;  oaths.  The  commission  shall  have
    46  authority  to  issue, under the hand of its chairperson, and the seal of
    47  the commission, subpoenas for the attendance  of  witnesses  before  the
    48  commission.  A  subpoena issued under this section shall be regulated by
    49  the civil practice law and rules.
    50    § 1021. Exceptions. The provisions of this article except as  provided
    51  in  subdivision  twelve  of section one thousand fifteen of this article
    52  shall not be construed to apply to any sparring  or  boxing  contest  or
    53  exhibition  conducted  under  the  supervision or the control of the New
    54  York state national guard or naval militia where all of the  contestants
    55  are members of the active militia; nor to any such contest or exhibition
    56  where  the  contestants  are  all  amateurs,  sponsored by and under the

        S. 5949--A                         15
 
     1  supervision of any university, college, school or other  institution  of
     2  learning, recognized by the regents of the state of New York; nor to any
     3  business  entity  incorporated for the purposes of providing instruction
     4  and  evaluation  in  a  combative sport to customers for the purposes of
     5  health and fitness, personal development, self-defense or  participation
     6  in  amateur events conducted by an authorized sanctioning entity; nor to
     7  any such contest or exhibitions where the contestants are  all  amateurs
     8  sponsored  by  and under the supervision of the American Olympic Associ-
     9  ation or, in the case of boxing, the U.S.  Amateur Boxing Federation  or
    10  its  local affiliates or the American Olympic Association; nor except as
    11  to the extent provided otherwise in this article,  to  any  professional
    12  wrestling contest or exhibition as defined in this article. Any individ-
    13  ual, association, corporation or club, except elementary or high schools
    14  or  equivalent institutions of learning recognized by the regents of the
    15  state of New York, who or which conducts an amateur contest pursuant  to
    16  this  section  must register with the U. S. Amateur Boxing Federation or
    17  its local affiliates and abide by its rules and regulations.
    18    § 1022. Disposition of receipts. All receipts of the commission  shall
    19  be  paid  into the state treasury, provided, however, that receipts from
    20  the tax imposed by article nineteen of the tax law shall be deposited as
    21  provided by section one hundred seventy-one-a of the tax law.
    22    § 3. Subdivision 1 of section 451  of  the  tax  law,  as  amended  by
    23  section  1  of  part F of chapter 407 of the laws of 1999, is amended to
    24  read as follows:
    25    1. "Gross receipts from ticket  sales"  shall  mean  the  total  gross
    26  receipts  of  every person from the sale of tickets to any [professional
    27  or amateur boxing, sparring or wrestling match or exhibition] authorized
    28  combative sport held in this state, and without any deduction whatsoever
    29  for commissions, brokerage, distribution fees, advertising or any  other
    30  expenses, charges and recoupments in respect thereto.
    31    § 4. Section 451 of the tax law is amended by adding a new subdivision
    32  4 to read as follows:
    33    4. "Authorized combative sport" shall mean any combative sport author-
    34  ized pursuant to section one thousand one of the general business law.
    35    §  5. Section 452 of the tax law, as amended by section 2 of part F of
    36  chapter 407 of the laws of 1999, is amended to read as follows:
    37    § 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
    38  hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
    39  gross receipts of every  person  holding  any  professional  or  amateur
    40  boxing,  sparring  or  wrestling match or exhibition in this state. Such
    41  tax shall be imposed on such gross receipts, exclusive  of  any  federal
    42  taxes, as follows:
    43    (a)  three percent of gross receipts from ticket sales, except that in
    44  no event shall the tax imposed by this  [subdivision]  paragraph  exceed
    45  fifty thousand dollars for any match or exhibition;
    46    (b)  three  percent of gross receipts from broadcasting rights, except
    47  that in no event shall the tax imposed by this  [subdivision]  paragraph
    48  exceed fifty thousand dollars for any match or exhibition.
    49    2. On and after the effective date of this subdivision, a tax is here-
    50  by  imposed  and  shall  be paid upon the gross receipts of every person
    51  holding any authorized combative sport in this  state,  other  than  any
    52  professional  or  amateur  boxing,  sparring  or wrestling exhibition or
    53  match, exclusive of any federal taxes as follows:
    54    (a) eight and one-half percent of gross receipts  from  ticket  sales;
    55  and

        S. 5949--A                         16
 
     1    (b)  three  percent of the sum of (i) gross receipts from broadcasting
     2  rights, and (ii) gross receipts from digital streaming over  the  inter-
     3  net,  except  that  in  no event shall such tax imposed pursuant to this
     4  paragraph exceed fifty thousand dollars for any match or exhibition.
     5    §  6.    The article heading of article 19 of the tax law, as added by
     6  chapter 833 of the laws of 1987, is amended to read as follows:
     7           [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
     8                                 SPORTS TAX
     9    § 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
    10  amended by section 100 of part A of chapter 389 of the laws of 1997,  is
    11  amended to read as follows:
    12    (1)  Any  admission charge where such admission charge is in excess of
    13  ten cents to or for the use of any place  of  amusement  in  the  state,
    14  except  charges for admission to race tracks[, boxing, sparring or wres-
    15  tling matches or exhibitions] or  combative  sports  which  charges  are
    16  taxed  under  any  other  law of this state, or dramatic or musical arts
    17  performances, or live circus performances, or motion  picture  theaters,
    18  and  except  charges to a patron for admission to, or use of, facilities
    19  for sporting activities in which such patron is  to  be  a  participant,
    20  such  as  bowling  alleys  and swimming pools. For any person having the
    21  permanent use or possession of a box or seat or a lease  or  a  license,
    22  other  than  a season ticket, for the use of a box or seat at a place of
    23  amusement, the tax shall be upon the amount for which a similar  box  or
    24  seat is sold for each performance or exhibition at which the box or seat
    25  is used or reserved by the holder, licensee or lessee, and shall be paid
    26  by the holder, licensee or lessee.
    27    §  8.   The section heading of section 1820 of the tax law, as amended
    28  by section 32 of subpart I of part V-1 of chapter  57  of  the  laws  of
    29  2009, is amended to read as follows:
    30    [Boxing and wrestling exhibitions] Authorized combative sports tax.
    31    § 9.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
    32  beverage  control  law,  as added by chapter 254 of the laws of 2001, is
    33  amended to read as follows:
    34    (b) The prohibition contained in paragraph (a)  of  this  subdivision,
    35  however,  shall  not be applied to any [professional match or exhibition
    36  which consists of boxing, sparring, wrestling, or martial arts and which
    37  is excepted from the definition of the term "combative sport"  contained
    38  in  subdivision  one of section five-a of chapter nine hundred twelve of
    39  the laws of nineteen hundred twenty, as added by chapter fourteen of the
    40  laws of nineteen hundred ninety-seven] authorized combative sport.
    41    § 10. The department of  state,  with  the  assistance  of  the  state
    42  athletic  commission,  medical advisory board, departments of health and
    43  financial services, state insurance fund, division of  budget  and  such
    44  other  state entities as appropriate, shall carefully consider potential
    45  mechanisms to provide financial resources for the  payment  of  expenses
    46  related  to  medical  and rehabilitative care for professionals licensed
    47  under article forty-one of  the  general  business  law  who  experience
    48  debilitating  brain  injuries  associated  with repetitive head injuries
    49  sustained through their participation in combative sports.  The  depart-
    50  ment  of  state may consult and contract with third parties for services
    51  in the course of this review. The department of state shall  report  its
    52  findings and recommendations to the governor, temporary president of the
    53  senate  and speaker of the assembly within eighteen months of the effec-
    54  tive date of this section.  In addition to the foregoing, within  twelve
    55  months of the effective date of this section, the state athletic commis-
    56  sion shall make any recommendations to the governor, temporary president

        S. 5949--A                         17
 
     1  of  the senate and speaker of the assembly regarding legislative changes
     2  which may be necessary to effectuate the  purpose  and  intent  of  this
     3  chapter,  including,  but not limited to, appropriate adjustments to the
     4  insurance requirements contained therein.
     5    §  11.  This act shall take effect on the first day of the first month
     6  next succeeding the one hundred twentieth day after it shall have become
     7  a law and shall apply to gross receipts from combative sports held on or
     8  after that date; provided, however, that the addition, amendment  and/or
     9  repeal of any rule or regulation of the state athletic commission neces-
    10  sary for the implementation of this act on its effective date is author-
    11  ized to be made on or before such effective date.
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