Rpld Chap 912 of 1920; ren Art 40 SS900 & 901 to be Art 43 SS1200 & 1201, add Art 41 SS1000 - 1022, Gen Bus
L; amd SS451, 452, 1105 & 1820, Art 19 Head, Tax L; amd S106, ABC L
Establishes protocols for combative sports; authorizes mixed martial arts events in this state; establishes procedures for applications for licenses; establishes penalties for violations; imposes taxes on gross receipts of such events.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2604C
SPONSOR: Morelle (MS) TITLE OF BILL: An act to amend the general business law, the tax law,
and the alcoholic beverage control law, in relation to authorized comba-
tive sports; and to repeal chapter 912 of the laws of 1920, relating to
the regulation of boxing, sparring, and wrestling
PURPOSE:
The purposes of this bill are to: prohibit unauthorized combative
sports; protect the health, safety and financial welfare of participants
in, and spectators of, authorized combative sports; protect the integri-
ty of authorized combative sports; and modernize the law governing
combative sports, currently unconsolidated as Boxing, Sparring and Wres-
tling Chapter 912 of the Laws of 1920.
SUMMARY OF PROVISIONS:
Section one of the bill repeals Chapter 912 of the Laws of 1920 and all
subsequent amendments made thereto.
Section two of the bill adds a new Article 41 to the General Business
Law, consolidating all sections of law governing boxing, created by
Chapter 912 of the Laws of 1920. The new Article 41 contains 23 sections
as follows:
*§ 1000. Provides definitions for "amateur", "authorized sanctioning
entity", "combative sport", "commission", "mixed martial arts", and
"professional". It contains language currently in subdivision one of §
8905-a of the boxing law.
*§ 1001. Authorizes combative sports when conducted under the super-
vision of the New York State Athletic Commission (NYSAC) or an author-
ized sanctioning entity.
*§ 1002. Prohibits combative sports when conducted outside the super-
vision of NYSAC, or an-authorized sanctioning entity. Clarifies what it
means when a person "advances a prohibited combative sport" and "profits
from a prohibited combative sport." It contains language currently in
subdivision 2, and paragraphs (b) and (c) of subdivision 3 of § 8905-a
of the boxing law.
*§ 1003. Continues NYSAC as a division of the Department of State and
increases the membership of NYSAC from three members to five members.
It contains language currently in § 8901 of the boxing law. 41 1004.
Clarifies the precise jurisdiction of NYSAC. It contains language
currently in subdivision one of § 8906, and subdivisions four, five, six
and seven of § 8934 of the boxing law.
*§ 1005. Empowers NYSAC to appoint officers and employees. It contains
language currently in § 8902 of the boxing law.
*§ 1006. Creates a regulatory process for the recognition and approval
of authorized sanctioning entities. It contains language currently in
subdivision one of § 8905-a of the boxing law.
*§ 1007. Provides general provisions for licenses issued by NYSAC. It
contains language currently in: § 8907; paragraph (c) of subdivision one
of § 8908; § 8910; subdivision one of 5 8911; and paragraphs (a)-(f) of
§ 8917 of the boxing law.
*§ 1008. Sets provisions for licensing judges. It contains language
currently in subdivisions 1-5 of § 8907-a of the boxing law.
*§ 1009. Sets provisions for licensing entities. It contains language
currently in § 8908 of the boxing law.
*§ 1010. Sets provisions for licensing professionals. It contains
language currently in § 8912 of the boxing law.
*§ 1011. Allows temporary working permits. It contains language current-
ly in § 8909 and § 8909-a of the boxing law.
*§ 1012. Governs temporary training facilities. It contains language
currently in § 8909-b of the boxing law.
*§ 1013. Establishes the medical advisory board and sets its powers and
responsibilities. It contains language currently in subdivisions 1-6 of
§ 8904 of the boxing law.
*§ 1014. Provides for the regulation of authorized professional comba-
tive sports. It contains language currently in: § 8922; subdivisions 1-5
of § 8923; and § 8924 of the boxing law.
*§ 1015. Governs the conduct of authorized professional combative
sports. It contains language currently in: 5 8905; subdivision 2 of §
8906; § 8920; § 8921; § 8923; § 8.924; subdivisions 1-3 of § 8925;
subdivisions 1-3 of § 8926; § 8927; § 8928; and subdivisions 1 and 2 of
§ 8929 of the boxing law.
*§ 1016. Establishes required filings. It contains language currently in
subdivision 4 of § 8912, and subdivisions 1-3 of § 8934 of the boxing
law.
*§ 1017. Governs professional wrestling. It contains language currently
in 8928-b of the boxing law, and make no changes thereto.
*§.1018. Establishes prohibited conduct. It contains language currently
in § 8904 and § 8905 of the boxing law.
*§ 1019. Establishes penalties. It contains language currently in:
paragraphs (a) and (d) of subdivision 3 of § 8905-a; paragraph (c) of
subdivision 2, and subdivision 3 of § 8908; § 8916; and § 8933 of the
boxing law.
*§ 1020. Authorizes NYSAC subpoenas. It contains language currently in §
8903 of the boxing law.
*§ 1021. Provides for exceptions. It contains language currently in §
8931 of the boxing law.
*§ 1022. Provides for the disposition of tax receipts. It contains
language currently in § 8930 of the boxing law.
Section three of the bill provides a technical amendment to the tax law.
Section four of the bill provides a technical amendment to the tax law.
Section five of the bill amends the tax law regarding the tax on gross
receipts from ticket sales and broadcasting rights.
Section six of the bill provides a technical amendment to the tax law.
Section seven of the bill provides a technical amendment to the tax law.
Section eight of the bill provides a technical amendment to the tax law.
Section nine of the bill provides a technical amendment to the alcoholic
and beverage control law.
Section ten of the bill requires the Department of State, with the
assistance of NYSAC, the Medical Advisory Board, the Departments of
Health and Financial Services, the State Insurance Fund, and the Divi-
sion of Budget to review and make recommendations concerning a funding
mechanism to provide long-term care to professional boxers and mixed
martial artists who develop degenerative brain conditions as a result of
injuries sustained in the ring.
Section eleven of the bill provides the effective date.
JUSTIFICATION:
The existing boxing law was codified in 1920. It requires modernization.
This legislation recognizes the evolution in sports that has occurred
since the Prohibition Era. It provides essential increases in the insur-
ance limits and financial guarantees required to protect boxers and
mixed martial artists. It increases by nearly 700% the amount of cover-
age available to fighters to cover medical expenses associated with
injuries sustained in the ring. It also enacts a $1,000,000 benefit of
insurance coverage in the rare cases that fighters sustain life-threat-
ening brain injuries. In addition, it establishes a study to help devel-
op a funding mechanism for providing lifetime care to fighters suffering
degenerative brain diseases resulting from injuries sustained in the
ring. These provisions will make New York State a national leader as far
as protecting fighters.
The bill clearly defines NYSAC's jurisdiction, and establishes a proper
mechanism to govern authorized combative sports, which will provide
critical protections to participants in what is today an entirely unreg-
ulated space.
LEGISLATIVE HISTORY:
2014: A8775 referred to tourism, parks, arts and sports development
2013: A6506 referred to tourism, parks, arts and sports development
2011-2012: A9879 referred to tourism, parks, arts and sports development
2009-2010: A2009C referred to tourism, arts and sports development &
codes-died in ways and means
2008: A11458-A referred to tourism, arts and sports development
FISCAL IMPLICATIONS:
This legislation will generate new revenue for the state from license
fees and tax receipts.
EFFECTIVE DATE:
First day of the first month next succeeding the 120th day after it
shall have become a law.
