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S06795 Summary:

SAME ASNo same as
Amd S4, Chap 912 of 1920; rel S168-w to be S168-x, add S168-w, Cor L
Establishes the amateur martial arts commission; requires the advisory commission to promulgate rules and regulations for amateur martial arts instructors, schools and training and competitions and prohibits the employment of sex offenders.
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S06795 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     March 11, 2014
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
        AN  ACT  to amend chapter 912 of the laws of 1920, relating to the regu-
          lation of boxing, sparring and wrestling, in relation to requiring the
          state amateur martial arts advisory commission to promulgate rules and

          regulations for amateur martial arts training and competitions; and to
          amend the correction law, in relation to prohibiting the employment of
          sex offenders in certain positions
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  4 of chapter 912 of the laws of 1920 relating to
     2  the regulation of boxing, sparring and wrestling, is amended by adding a
     3  new subdivision 5-a to read as follows:
     4    5-a.   (a) There is hereby created in  the  department  of  state  the
     5  amateur martial arts advisory commission.  The advisory commission shall
     6  consist of seven members to be appointed as follows: three members to be
     7  appointed  by  the  governor; two members to be appointed by the senate;

     8  and two members to be appointed by the assembly. A chair of the  commis-
     9  sion  shall  be appointed by the governor from among his or her appoint-
    10  ees. The length of the terms of such members shall be four years. Vacan-
    11  cies shall be filled in the same manner as the original appointments.
    12    (b) (i) The chairman shall have:
    13    (A) a master's degree from an accredited university  in  education  or
    14  business;
    15    (B) at least ten years experience as a martial artist certified at the
    16  black belt level;
    17    (C) at least five years prior experience officiating as a judge and/or
    18  referee in combative sports;
    19    (D)  prior  experience in the medical field; emergency medicine, first
    20  responder, sports medicine preferred;

    21    (E) a background in  business  development,  human  resources,  public
    22  relations and/or communications curriculum and instruction desired;
    23    (F) past board member experience;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6795                             2
     1    (G) knowledge of legislative process;
     2    (H)  familiarity with other states' rules and laws governing combative
     3  sports;
     4    (I) experience with promulgating rules for combative sports; and
     5    (J) knowledge of the martial  arts  industry  and  community  in  this
     6  state.

     7    (ii) One member shall be a doctor of osteopathic medicine or a medical
     8  doctor  licensed  to  practice  in  this  state  pursuant to article one
     9  hundred thirty-one of the education  law,  in  good  standing,  who  has
    10  completed  residency  training and has at least five years experience in
    11  sports medicine or working with  a  sports  team,  post-concussion  head
    12  injury, neurology, neuro-oncology and/or neuro and spinal surgery;
    13    (iii)  One  member shall have a juris doctor degree from an accredited
    14  law school, admitted to the New York state bar in  good  standing,  with
    15  litigation experience and knowledge of sports law and negligence;
    16    (iv)  One  member  shall  have  a  doctor  of education degree from an

    17  accredited university who is a certified school district administrator;
    18    (v) One member shall have a master's degree in physical  education  or
    19  other  sports  related field and who is a certified coach or other offi-
    20  cial in good standing with seven years experience in contact sports; and
    21    (vi) Two members shall be martial artists,  certified  as  black  belt
    22  instructors  with  a  rank  of  at  least fourth degree, with bachelor's
    23  degrees from an accredited school or university recognized  by  the  New
    24  York state department of education.
    25    (c)  The  advisory  commission  is  hereby  authorized and directed to
    26  promulgate rules and regulations setting standards, criteria and uniform

    27  practices for training facilities for all forms of amateur martial  arts
    28  and organized amateur martial art events and competitions in this state.
    29  Such rules and regulations shall provide for the following:
    30    (i)  a  participant  log  commonly known as a passbook, which shall be
    31  used by participants, training facilities and locations holding  amateur
    32  martial  arts  events  and competitions; such a log will be kept for the
    33  sole purpose of recording and tracking the match outcomes, and  injuries
    34  sustained  by  each  amateur  martial art competitor participating in an
    35  organized amateur martial art non-professional combative sport  competi-
    36  tion. All injuries must be recorded and reported to the advisory commis-

    37  sion.  Failure  to keep records in such log or knowingly providing false
    38  information or concealing for the  purpose  of  misleading,  information
    39  concerning  any  fact  material thereto will subject any offending party
    40  including but not limited to: instructor, promoter, school, gym, fitness
    41  facility, club, manager or participant to a civil penalty of  one  thou-
    42  sand  dollars per violation and possible suspension and/or revocation of
    43  all applicable associated certification and/or licenses;
    44    (ii) the amount of liability insurance coverage deemed  necessary  for
    45  each  training  facility where amateur martial arts are practiced. Valid
    46  proof of insurance must be sent to the  commissioner  for  verification.

    47  Failure  to submit valid proof of insurance or knowingly providing false
    48  information or concealing for the  purpose  of  misleading,  information
    49  concerning  any fact material thereto will result in any offending party
    50  including but not limited to: instructor, promoter, school, gym, fitness
    51  facility, club, manager or property manager to a civil  penalty  of  one
    52  thousand dollars per violation and suspension and possible revocation of
    53  all applicable associated certifications and licenses;
    54    (iii)  any  individual,  group, school, gym, fitness facility, club or
    55  promoter hosting or which intends to host an organized  amateur  martial
    56  arts  event  or competition shall submit valid proof of liability insur-

        S. 6795                             3
     1  ance for the organized  event  or  competition  to  the  commission  for
     2  verification  within  no  less  than  one  week of a scheduled organized
     3  amateur martial arts event or competition. Failure to submit valid proof
     4  of  insurance or knowingly providing false information or concealing for
     5  the purpose of misleading information concerning any fact material ther-
     6  eto will result in any offending party including  but  not  limited  to:
     7  instructor,  promoter,  school,  gym,  fitness  facility,  club, manager
     8  and/or participant to a civil  penalty  of  five  thousand  dollars  per
     9  violation and suspension and possible revocation of all applicable asso-
    10  ciated certifications and licenses;

    11    (iv)  standards  for conduct in non-professional martial arts training
    12  and locations holding events and competitions;
    13    (v) license for all amateur martial arts competitors;
    14    (vi) establish applicable background checks, certification and  regis-
    15  tration fees, and penalties for violations;
    16    (vii) establish application process and training for schools, instruc-
    17  tors, officials, participants, managers and other ancillary personnel;
    18    (viii)  establish  applicable  certification  and  licensing  fees for
    19  schools, instructors, officials, participants, managers and other ancil-
    20  lary personnel; and
    21    (ix) establish fines and penalties for violations of  the  established
    22  rules and regulations.

    23    (d)  For  purposes  of  this section: (i) "amateur martial arts" shall
    24  mean non-professional combative sport competition wherein the rules  set
    25  forth  by  the  advisory commission authorize non-professional combative
    26  sport matches between single  discipline  and  various  fighting  disci-
    27  plines,  including  disciplines  that  utilize permitted amateur martial
    28  arts techniques including, striking, kicking, and grappling; and
    29    (ii) "single discipline martial arts" shall mean any school,  institu-
    30  tion,  gym,  club  and/or  training  facility  that conducts lessons and
    31  instructs non-professional athletes  and  those  that  conduct  or  hold
    32  matches,  tournaments  or exhibitions that are considered amateur events
    33  for non-professionals.

    34    § 2. Section 168-w of the correction law, as relettered by chapter 604
    35  of the laws of 2005, is relettered section 168-x and a new section 168-w
    36  is added to read as follows:
    37    § 168-w. Sex offenders shall not be employed in a  position  involving
    38  substantial contact with children. 1. No sex offender shall apply for or
    39  accept a position which involves substantial contact with children. Such
    40  position shall include any job, task or occupation which, by its nature,
    41  requires  a  person  to  be  in substantial contact with children in the
    42  regular performance of his or her duties or dealings in  such  position.
    43  This  section shall also apply to any person seeking a permit or permis-
    44  sion to execute any activity or performance that would present a  direct

    45  contact with children.
    46    2.  The  definition of "position" as used in this section, shall apply
    47  to any person seeking employment either paid or unpaid, any person seek-
    48  ing to volunteer, or any person seeking  a  permit  or  permission  that
    49  would present a substantial contact with children.
    50    3. Examples of such employment shall include, but shall not be limited
    51  to:
    52    (a) Any position in a school including teachers, teacher-aides, admin-
    53  istrators,  assistants, cafeteria workers, janitors, nurses or any other
    54  person working in a school that would have  contact  with  the  children
    55  attending said school;
    56    (b) Any position in a child-care facility;

        S. 6795                             4
     1    (c)  Any  recreational position such as a coach, martial arts instruc-
     2  tor, boy scout or girl scout leader, camp counselor, lifeguard, instruc-
     3  tor or any other recreational area  that  would  present  a  substantial
     4  contact with children;
     5    (d) Any position in a park, playground, amusement park, pool, gymnasi-
     6  um,  sports  or  fitness  center,  martial arts training facility or any
     7  other facility, competition center or area where children have a propen-
     8  sity to inhabit;
     9    (e) Any store or restaurant  that  is  specifically  targeted  towards
    10  children such as a toy store or children's theme restaurant;
    11    (f)  Any  position  wherein a person would be employed in an area that

    12  specifically is targeted towards children including but not  limited  to
    13  an ice cream truck operator;
    14    (g)  Any  person  applying for a permit or permission that would grant
    15  said person the ability to carry out any  activity  or  action  that  is
    16  directed towards or would involve substantial contact with children.
    17    4.  Employers, organizations and government entities shall have access
    18  to the statewide central registry of child abuse  and  maltreatment  for
    19  the  purpose  of  performing  a  background check for any convictions of
    20  sexual abuse of a child. Every  employer,  organization  and  government
    21  entity  shall check any potential employees seeking to assume a position
    22  that will be in substantial  contact  with  children  against  both  the

    23  statewide  central  registry  of  child  abuse  and maltreatment and the
    24  registered sex offenders database to ascertain  if  said  person  has  a
    25  conviction for sexual abuse of a child.
    26    5.  "Substantial  contact with children" as used in this section means
    27  working with children, having access to children, having opportunity  to
    28  be  alone  with  children,  spending  time with children, performing for
    29  children or any other activity that involves children.
    30    6. (a) Any sex offender who  applies  for  or  accepts  employment  in
    31  violation  of this section shall be guilty of a class A misdemeanor upon
    32  the first conviction thereof, and upon a second or subsequent conviction
    33  thereof shall be guilty of a class D felony.

    34    (b) Any employer who knowingly employs a sex offender in violation  of
    35  this section shall, upon conviction, be guilty of a class A misdemeanor.
    36    §  3.  This  act shall take effect immediately, provided however, that
    37  section two of this act shall take effect on the first of November  next
    38  succeeding  the  date  on  which  it  shall  have become a law, provided
    39  further that  effective  immediately,  the  addition,  amendment  and/or
    40  repeal  of  any  rule  or regulation necessary for the implementation of
    41  this act on its effective date is authorized and directed to be made and
    42  completed on or before such effective date.
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