Below is the complete text for the bill to legalize MMA in New York State that as mentioned earlier today has thus far passed the Tourism, Parks, Arts & Sports Committee and the Assembly Codes Committee, and is currently in the hands of the Ways & Means Committee.
Analysis to come later today or tonight.
ENGLEBRIGHT, BING, HEVESI, PEOPLES-STOKES, CROUCH, ZEBROWSKI, J. RIVERA; M-S: Alfano, Ball, Barra, Boyle, Gianaris, McKevitt, Murray, Rabbitt, Raia, Saladino, Wright
Amd SS4, 5-a & 6, Chap 912 of 1920; amd SS451 & 452, Tax 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.
CRIMINAL SANCTION IMPACT.
(full text after the jump)
STATE OF NEW YORK ________________________________________________________________________ 2009--C 2009-2010 Regular Sessions IN ASSEMBLY January 15, 2009 ___________ Introduced by M. of A. ENGLEBRIGHT, PERALTA, BING, HEVESI, PEOPLES, CROUCH -- Multi-Sponsored by -- M. of A. ALFANO, BALL, BARRA, BOYLE, GIANARIS, McKEVITT, RABBITT, RAIA, SALADINO, WALKER, WRIGHT -- read once and referred to the Committee on Tourism, Arts and Sports Devel- opment -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 912 of the laws of 1920 relating to the regu- lation of boxing, sparring and wrestling, in relation to establishing protocols for combative sports and authorizing mixed martial arts events in this state; to amend the tax law, in relation to the imposi- tion of a tax on the gross receipts of any person holding any profes- sional or amateur boxing, sparring or wrestling match or exhibition, or professional combative sports match or exhibition; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 4 of chapter 912 2 of the laws of 1920 relating to the regulation of boxing, sparring and 3 wrestling, subdivisions 2 and 6 as amended by chapter 437 of the laws of 4 2002 and subdivisions 3, 4 and 5 as added by chapter 603 of the laws of 5 1981, are amended to read as follows: 6 2. The advisory board shall have power and it shall be the duty of the 7 board to prepare and submit to the commission for approval regulations 8 and standards for the physical examination of professional boxers and 9 professional combative sports participants including, without limita- 10 tion, pre-fight and/or post-fight examinations and periodic comprehen- 11 sive examinations. The board shall continue to serve in an advisory EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06256-08-9 A. 2009--C 2 1 capacity to the commission and from time to time prepare and submit to 2 the commission for approval, such additional regulations and standards 3 of examination as in their judgment will safeguard the physical welfare 4 of professional boxers licensed by the commission. The advisory board 5 shall recommend to the commission from time to time such qualified 6 physicians, for the purpose of conducting physical examinations of 7 professional boxers and professional combative sports participants and 8 other services as the rules of the commission shall provide; and shall 9 recommend to the commission a schedule of fees to be paid to physicians 10 for such examinations and other services as required by this act. 11 3. The advisory board shall develop appropriate medical education 12 programs for all commission personnel involved in the conduct of boxing 13 and sparring matches or exhibitions or professional combative sports 14 matches or exhibitions so that such personnel can recognize and act upon 15 evidence of potential or actual adverse medical indications in a partic- 16 ipant prior to or during the course of a match or exhibition. 17 4. The advisory board shall review the credentials and performance of 18 each commission physician on an annual basis as a condition of reap- 19 pointment of each such physician, including each such physician's 20 comprehension of the medical literature on boxing or professional comba- 21 tive sports referred to in subdivision five of this section. 22 5. The advisory board shall recommend to the commission a compilation 23 of medical publications on the medical aspects of boxing or professional 24 combative sports which shall be maintained by the commission and be made 25 available for review to all commission personnel involved in the conduct 26 of any boxing or sparring match or exhibition or professional combative 27 sports match or exhibition. 28 6. The advisory board shall also advise the commission on any study of 29 equipment, procedures or personnel which will, in their opinion, promote 30 the safety of boxing participants and professional combative sports 31 participants. 32 § 2. Section 5-a of chapter 912 of the laws of 1920 relating to the 33 regulation of boxing, sparring and wrestling, as added by chapter 14 of 34 the laws of 1997, is amended to read as follows: 35 § 5-a. Combative sports. 1. Definitions. As used in this section: 36 (a) "Board" means medical advisory board as established in section 37 four of this act. 38 (b) A "combative sport" shall mean any professional match or exhibi- 39 tion other than boxing, sparring, wrestling or martial arts wherein the 40 contestants deliver, or are not forbidden by the applicable rules there- 41 of from delivering kicks, punches or blows of any kind to the body of an 42 opponent or opponents. For the purposes of this section, the term 43 "martial arts" shall include any professional match or exhibition of a 44 single discipline sanctioned by an organization approved by the commis- 45 sion, including, but not limited to, any of the following organizations: 46 U.S. Judo Association, U.S. Judo, Inc., U.S. Judo Federation, U.S. Tae 47 Kwon Do Union, North American Sport Karate Association, U.S.A. Karate 48 Foundation, U.S. Karate, Inc., World Karate Association, Professional 49 Karate Association, Karate International, International Kenpo Associ- 50 ation, or World Wide Kenpo Association. The commission [is authorized 51 to] shall promulgate regulations which would establish a process to 52 allow for the inclusion or removal of martial arts organizations from 53 the above list. Such process shall include but not be limited to consid- 54 eration of the following factors: [(a)] (1) is the organization's 55 primary purpose to provide instruction in self defense techniques; [(b)] 56 (2) does the organization require the use of hand, feet and groin A. 2009--C 3 1 protection during any competition or bout; and [(c)] (3) does the organ- 2 ization have an established set of rules that require the immediate 3 termination of any competition or bout when any participant has received 4 severe punishment or is in danger of suffering serious physical injury. 5 (c) "Commission" means the state athletic commission as provided for 6 in section one of this chapter or an agent of the commission acting on 7 its behalf. 8 (d) "Mixed martial arts" means any professional combative sports 9 competition wherein the rules of such competition subject to the appli- 10 cable limitations as set forth by the commission authorize professional 11 combative sports matches or exhibitions between various fighting disci- 12 plines, including the utilization of permitted martial arts techniques, 13 including striking, kicking and grappling. No non-professional or 14 amateur bout, exhibition or participant shall be authorized by this 15 section. 16 (e) "Professional combative sports participant" or "participant" shall 17 mean a combative sports fighter who competes for a money prize or teach- 18 es or pursues or assists in the practice of mixed martial arts as a 19 means of obtaining a livelihood or pecuniary gain, and any contest 20 conforming to the rules, regulations and requirements of this section. 21 (f) "Professional combative sports match or exhibition" shall mean any 22 match or exhibition that must be approved by the commission where 23 professional combative sports participants receive consideration of any 24 value or an admission is charged. 25 1-a. Commission review. The commission shall review each martial arts 26 sanctioning organization, including those listed in subdivision one of 27 this section, at least biennially, or sooner if determined necessary 28 based upon the periodic compliance checks or complaints to the commis- 29 sion, to determine continuation of the commission's approval. The 30 commission shall continue approval or shall suspend or revoke approval 31 based upon compliance of the organization with the approved sanctioning 32 standards and its ability to supervise matches in the state. The 33 commission shall act upon any application for inclusion in the list in 34 paragraph (b) of subdivision one of this section within sixty days of 35 the date such application is made to the commission. 36 1-b. Mixed martial arts competition. The commission shall promulgate 37 rules and regulations to allow for mixed martial arts competitions to be 38 conducted, held, or given within the state of New York and shall allow 39 for licenses to be approved by the commission for such matches or exhi- 40 bitions. The commission is authorized to promulgate rules and regu- 41 lations to carry out the provisions of this subdivision. Such rules and 42 regulations shall include, but not be limited to, the adoption of 43 unified rules of mixed martial arts, a licensing process for matches and 44 exhibitions, a fee schedule for such licenses, procedures to allow for 45 the participation, promotion, and advancement of such events, the health 46 and safety of participants, and the best interests of mixed martial arts 47 and the adoption of rules and regulations for licensing and regulation 48 of any and all gyms, clubs, training camps and other organizations that 49 maintain training facilities providing contact sparring for persons who 50 prepare for participation in such professional combative sports or exhi- 51 bitions, except as otherwise provided in this section. 52 (b) The commission is authorized and directed to require that all 53 sites wherein professional combative sports are conducted shall comply 54 with state and applicable local sanitary codes appropriate to school 55 athletic facilities. A. 2009--C 4 1 2. [No combative sport shall be conducted, held or given within the 2 state of New York, and no licenses may be approved by the commission for 3 such matches or exhibitions. 4 3. (a) A person who knowingly advances or profits from a combative 5 sport activity shall be guilty of a class A misdemeanor, and shall be 6 guilty of a class E felony if he or she has been convicted in the previ- 7 ous five years of violating this subdivision. 8 (b) A person advances a combative sport activity when, acting other 9 than as a spectator, he or she engages in conduct which materially aids 10 any combative sport. Such conduct includes but is not limited to conduct 11 directed toward the creation, establishment or performance of a comba- 12 tive sport, toward the acquisition or maintenance of premises, parapher- 13 nalia, equipment or apparatus therefor, toward the solicitation or 14 inducement of persons to attend or participate therein, toward the actu- 15 al conduct of the performance thereof, toward the arrangement of any of 16 its financial or promotional phases, or toward any other phase of a 17 combative sport. One advances a combative sport activity when, having 18 substantial proprietary or other authoritative control over premises 19 being used with his or her knowledge for purposes of a combative sport 20 activity, he or she permits such to occur or continue or makes no effort 21 to prevent its occurrence or continuation. 22 (c) A person profits from a combative sport activity when he or she 23 accepts or receives money or other property with intent to participate 24 in the proceeds of a combative sport activity, or pursuant to an agree- 25 ment or understanding with any person whereby he or she participates or 26 is to participate in the proceeds of a combative sport activity. 27 (d) Any person who knowingly advances or profits from a combative 28 sport activity shall also be subject to a civil penalty not to exceed 29 for the first violation ten thousand dollars or twice the amount of gain 30 derived therefrom whichever is greater, or for a subsequent violation 31 twenty thousand dollars or twice the amount of gain derived therefrom 32 whichever is greater. The attorney general is hereby empowered to 33 commence judicial proceedings to recover such penalties and to obtain 34 injunctive relief to enforce the provisions of this section.] Profes- 35 sional combative sports matches and exhibitions authorized. No combative 36 sports match or exhibition shall be conducted, held or given within the 37 state except in accordance with the provisions of this section and the 38 rules and regulations promulgated by the commission pursuant thereto. 39 The commission shall direct a representative to be present at each place 40 where combative sports are to be held pursuant to the provisions of this 41 section. Such representative shall ascertain the exact conditions 42 surrounding such match or exhibition and make a written report of the 43 same in the manner and form prescribed by the commission. Such combative 44 sports matches or exhibitions may be held in any building for which the 45 commission in its discretion may issue a license. Where such match or 46 exhibition is authorized to be held in a state or city owned armory, the 47 provision of the military law in respect thereto must be complied with, 48 but no such match or exhibition shall be held in a building wholly used 49 for religious services. 50 3. Jurisdiction of commission. (a) The commission shall have and here- 51 by is vested with the sole direction, management, control and jurisdic- 52 tion over all professional combative sports matches or exhibitions to be 53 conducted, held or given within the state of New York and over all 54 licenses to any and all persons who participate in such combative sports 55 matches or exhibitions and over any and all gyms, clubs, training camps 56 and other organizations that maintain training facilities providing A. 2009--C 5 1 contact sparring for persons who prepare for participation in such 2 professional combative sports or exhibitions, except as otherwise 3 provided in this section. 4 (b) The commission is authorized and directed to require that all 5 sites wherein professional combative sports are conducted shall comply 6 with state and applicable local sanitary codes appropriate to school 7 athletic facilities. 8 4. Entities required to procure licenses; professional combative 9 sports participants defined. Except as otherwise provided in subdivision 10 six of this section, all corporations, persons, limited liability compa- 11 nies, referees, judges, corporation treasurers, professional combative 12 sports participants, their managers, promoters, trainers and chief 13 seconds shall be licensed by the commission, and no such entity shall be 14 permitted to participate, either directly or indirectly, in any profes- 15 sional combative sports match or exhibition, or the holding thereof, 16 unless such entity shall have first procured a license from the commis- 17 sion. The commission shall establish by rule and regulation licensing 18 standards for referees, judges, managers, promoters, trainers and chief 19 seconds. Any match or exhibition conforming to the rules, regulations 20 and requirements of this section shall be deemed to be a professional 21 combative sports match or exhibition. 22 5. License to entities. (a) The commission may, in its discretion, 23 issue a license to conduct or hold professional combative sports matches 24 or exhibitions, subject to the provisions hereof, to any person, corpo- 25 ration or limited liability company duly incorporated or formed, herein- 26 after referred to as "entity". 27 (b) A prospective licensee must submit to the commission proof that it 28 can furnish suitable premises in which such match or exhibition is to be 29 held. 30 (c) Upon written application and the payment of a fee of five hundred 31 dollars which must accompany the application, the commission may grant 32 to any entity holding a license issued hereunder, the privilege of hold- 33 ing such a match or exhibition on a specified date in other premises, or 34 in another location, than the premises of location previously approved 35 by the commission, subject however to approval of the commission and the 36 rules and regulations of the commission. 37 (d) All penalties imposed and collected by the commission from any 38 entity licensed under the provisions of this act, which fines and penal- 39 ties are imposed and collected under the authority hereby vested shall 40 within thirty days after the receipt thereof by the commission be paid 41 by them into the state treasury. 42 6. Temporary working permits for professional combative sports partic- 43 ipants, managers, trainers and chief seconds. The commission may issue 44 temporary working permits to professional combative sports participants, 45 their managers, trainers and chief seconds. A temporary working permit 46 shall authorize the employment of the holder of such permit to engage in 47 a single match or exhibition at a specified time and place. A temporary 48 working permit may be issued if in the judgment of the commission the 49 participation of the holder thereof in a professional combative sports 50 match or exhibition will be consistent with the purposes and provisions 51 of this section, the best interests of combative sports generally, and 52 the public interest, convenience or necessity. The commission may 53 require that professional combative sports participants applying for 54 temporary working permits undergo a physical examination, neurological 55 or neuropsychological test or procedure, including computed tomography A. 2009--C 6 1 or medically equivalent procedure. The fee for such temporary working 2 permit shall be twenty dollars. 3 7. License fees; term of licenses; renewals. Each applicant for a 4 promoter license shall, before a license is issued by the commission, 5 pay to the commission, an annual license fee as follows: where the 6 seating capacity is not more than two thousand five hundred, five 7 hundred dollars; where the seating capacity is more than two thousand 8 five hundred but not more than five thousand, one thousand dollars; 9 where the seating capacity is more than five thousand but not more than 10 fifteen thousand, one thousand five hundred dollars; where the seating 11 capacity is more than fifteen thousand but not more than twenty-five 12 thousand, two thousand five hundred dollars; where the seating capacity 13 is more than twenty-five thousand, three thousand five hundred dollars; 14 referee, one hundred dollars; judges, one hundred dollars; professional 15 combative sports participants, fifty dollars; managers, fifty dollars; 16 trainers, fifty dollars; and chief seconds, forty dollars. Each license 17 or renewal thereof issued pursuant to this subdivision on or after Octo- 18 ber first shall be effective for a license year expiring on the thirti- 19 eth day of September following the date of its issuance. The annual 20 license fee prescribed by this subdivision shall be the license fee due 21 and payable therefor and shall be paid in advance at the time applica- 22 tion is made therefor, and each such license may be renewed for periods 23 of one year upon the payment of the annual license fee prescribed by 24 this subdivision. Within three years from the date of payment and upon 25 the audit of the comptroller, the commission may refund any fee, unfor- 26 feited posted guarantee or tax paid pursuant to this section, for which 27 no license is issued or no service rendered or refund that portion of 28 the payment that is in excess of the amount prescribed by statute. 29 8. Application for license; fingerprints. (a) Every application for a 30 license shall be in writing, shall be addressed to the commission, shall 31 be subscribed by the applicant, and affirmed by him as true under the 32 penalties of perjury, and shall set forth such facts as the provisions 33 hereof and the rules and regulations of the commission may require. 34 (b) When an application is made for a license under this section, the 35 commission may cause the fingerprints of such applicant, or if such 36 applicant be a corporation, of the officers of such corporation, or if 37 such applicant be a limited liability company, the manager of such 38 limited liability company to be taken in duplicate. The applicant shall 39 be responsible for the cost of having his fingerprints taken. If such 40 fingerprints are taken, one copy shall be transmitted to the division of 41 criminal justice services in accordance with the rules and regulations 42 of the division of criminal justice services and one shall remain on 43 file in the office of the commission. No such fingerprint may be 44 inspected by any person, other than a peace officer, except on order of 45 a judge or justice of a court of record. The division is hereby author- 46 ized to transmit criminal history information to the commission for the 47 purposes of this paragraph. The information obtained by any such fing- 48 erprint examination shall be for the guidance of the commission in the 49 exercise of its discretion in granting or withholding the license. The 50 commission shall provide such applicant with a copy of his or her crimi- 51 nal history record, if any, together with a copy of article twenty- 52 three-A of the correction law, and inform such applicant of his or her 53 right to seek correction of any incorrect information contained in such 54 record pursuant to regulations and procedures established by the divi- 55 sion of criminal justice services. All determinations to issue, renew, 56 suspend or revoke a license shall be made in accordance with subdivision A. 2009--C 7 1 sixteen of section two hundred ninety-six of the executive law and arti- 2 cle twenty-three-A of the correction law. 3 9. Standards for the issuance of licenses. (a) If in the judgment of 4 the commission the financial responsibility, experience, character and 5 general fitness of an applicant, including in the case of corporations 6 its officers and stockholders, are such that the participation of such 7 applicant will be consistent with the best interests of combative 8 sports, the purposes of this section including the safety of profes- 9 sional combative sports participants, and in the public interest, 10 convenience or necessity, the commission shall grant a license in 11 accordance with the provisions contained in this subdivision. 12 (b) Any professional combative sports participant applying for a 13 license or renewal of a license under this subdivision shall undergo a 14 comprehensive physical examination including clinical neurological and 15 neuropsychological examinations by a physician approved by the commis- 16 sion. If, at the time of such examination, there is any indication of 17 brain injury, or for any other reason the physician deems it appropri- 18 ate, the professional combative sports participant shall be required to 19 undergo further neurological and neuropsychological examinations by a 20 neurologist including, but not limited to, a computed tomography or 21 medically equivalent procedure. The commission shall not issue a license 22 to a professional combative sports participant until such examinations 23 are completed and reviewed by the commission. The results of all such 24 examinations herein required shall become a part of the professional 25 combative sports participant's permanent medical record as maintained by 26 the commission. The cost of all such examinations called for in this 27 subdivision shall be assumed by the state if such examinations are 28 performed by a physician or neurologist approved by the commission. 29 (c) Any professional combative sports participant licensed under this 30 chapter shall, as a condition of licensure, waive right of confidential- 31 ity of medical records relating to treatment of any physical condition 32 which relates to his ability to fight. All medical reports submitted to, 33 and all medical records of the medical advisory board or the commission 34 relative to the physical examination or condition of combative sports 35 participants shall be considered confidential, and shall be open to 36 examination only to the commission or its authorized representative, to 37 the licensed participant, manager or chief second upon written applica- 38 tion to examine said records, or upon the order of a court of competent 39 jurisdiction in an appropriate case. 40 10. Financial interest in professional combative sports participants 41 prohibited. No entity shall have, either directly or indirectly, any 42 financial interest in a professional combative sports participant 43 competing on premises owned or leased by the entity, or in which such 44 entity is otherwise interested except pursuant to the specific written 45 authorization of the commission. 46 11. Payments not to be made before contests. No professional combative 47 sports participant shall be paid for services before the contest, and 48 should it be determined by the commission that such participant did not 49 give an honest exhibition of his skill, such service shall not be paid 50 for. 51 12. Sham or collusive events. (a) Any person, including any corpo- 52 ration and the officers thereof, any physician, limited liability compa- 53 ny, referee, judge, professional combative sports participant, manager, 54 trainer or chief second, who shall promote, conduct, give or participate 55 in any sham or collusive professional combative sports match or exhibi- 56 tion, shall be deprived of his license by the commission. A. 2009--C 8 1 (b) No licensed entity shall knowingly engage in a course of conduct 2 in which professional combative sports matches or exhibitions are 3 arranged where one professional combative sports participant has skills 4 or experience significantly in excess of the other professional comba- 5 tive sports participant so that a mismatch results with the potential of 6 physical harm to the professional combative sports participant. If such 7 action occurs, the commission may exercise its powers to discipline 8 under subdivisions thirteen and fourteen of this section, provided that 9 nothing in this subdivision shall authorize the commission to intervene 10 or prohibit a professional combative sports match or exhibition solely 11 on the basis of the difference between respective participant's martial 12 arts disciplines. 13 13. Imposition of penalties for violations. Any entity, licensed under 14 the provisions of this section, that shall knowingly violate any rule or 15 order of the commission or any provision of this section, in addition to 16 any other penalty by law prescribed, shall be liable to a civil penalty 17 not exceeding five thousand dollars to be imposed by the commission, to 18 be sued for by the attorney general in the name of the people of the 19 state of New York if directed by the commission. The amount of the 20 penalty collected by the commission or recovered in any such action, or 21 paid to the commission upon a compromise as hereinafter provided, shall 22 be transmitted by the department of state into the state treasury and 23 credited to the general fund. The commission, for cause shown, may 24 extend the time for the payment of such penalty and, by compromise, may 25 accept less than the amount of such penalty as imposed in settlement 26 thereof. 27 14. Revocation or suspension of licenses. (a) Any license issued under 28 the provisions of this section may be revoked or suspended by the 29 commission for the reason therein stated, that the licensee has, in the 30 judgment of the commission, been guilty of an act detrimental to the 31 interests of combative sports generally or to the public interest, 32 convenience or necessity. 33 (b) Without otherwise limiting the discretion of the commission as 34 provided in this section, the commission may suspend or revoke a license 35 or refuse to renew or issue a license, if it shall find that the appli- 36 cant or participant: (1) has been convicted of a crime in any jurisdic- 37 tion; (2) is associating or consorting with any person who has or 38 persons who have been convicted of a crime or crimes in any jurisdiction 39 or jurisdictions; (3) has been guilty of or attempted any fraud or 40 misrepresentation in connection with combative sports; (4) has violated 41 or attempted to violate any law with respect to combative sports in any 42 jurisdiction or any rule, regulation or order of the commission, or 43 shall have violated any rule of combative sports which shall have been 44 approved or adopted by the commission, or has been guilty of or engaged 45 in similar, related or like practices; or (5) has not acted in the best 46 interest of mixed martial arts. All determinations to issue, renew, 47 suspend or revoke a license shall be made in accordance with subdivision 48 sixteen of section two hundred ninety-six of the executive law and arti- 49 cle twenty-three-A of the correction law as applicable. 50 (c) No such participant may, under any circumstances, compete or 51 appear in a professional combative sports match or exhibition within 52 ninety days of having suffered a knockout or technical knockout in any 53 such match or exhibition without clearance by the board, or within nine- 54 ty days of being rendered unconscious in any such match or exhibition 55 where there is evidence of head trauma as determined by the attending 56 commission physician and shall undergo such examinations as required A. 2009--C 9 1 under paragraph (b) of subdivision twenty of this section. The profes- 2 sional combative sports participant shall be considered suspended from 3 professional combative sports matches or exhibitions by the commission 4 and shall forfeit his license to the commission during such period and 5 such license shall not be returned to the participant until the partic- 6 ipant has met all requirements, medical and otherwise, for reinstatement 7 of such license. All such suspensions shall be recorded in the partic- 8 ipant's license by a commission official. 9 (d) The commission may at any time suspend, revoke or deny a partic- 10 ipant's license or temporary working permit for medical reasons at the 11 recommendation of the board. 12 (e) Notwithstanding any other provision of law, if any other state 13 shall revoke a licensee's license to compete or appear in a professional 14 combative sports match or exhibition in that state based on a knowing 15 and intentional engagement in any prohibited practices of such state, 16 the commission may act to revoke any license to compete or appear in a 17 professional combative sports match or exhibition issued to such licen- 18 see pursuant to the provisions of this section. 19 (f) The commission may suspend any license it has issued by a dated 20 notice to that effect to the suspended licensee, mailed or delivered to 21 the licensee, and specifying the effective date and term of the suspen- 22 sion, provided however that the commission representative in charge of a 23 contest or exhibition may then and there temporarily suspend any license 24 issued by the commission without such notice. In the event of a tempo- 25 rary suspension, the commission shall mail or deliver the notice to the 26 suspended licensee within three business days after the temporary 27 suspension. In either case such suspension may be without any advance 28 hearing. Upon the receipt of such notice of suspension, the suspended 29 licensee may apply to the commission for a hearing on the matter to 30 determine whether such suspension should be rescinded. Such application 31 for a hearing must be in writing and must be received by the commission 32 within thirty days after the date of notice of suspension. The commis- 33 sion shall have the authority to revoke any license issued by it. Before 34 any license is so revoked, the licensee will be offered the opportunity 35 at a hearing held by or on behalf of the commission to show cause why 36 the license should not be revoked. The commission shall offer the oppor- 37 tunity for a hearing to an affected person before taking any final 38 action negatively affecting such person's individual privileges or prop- 39 erty granted by a license duly issued by the commission or a contract 40 approved by and filed with the commission. In all such hearings, licen- 41 sees and other witnesses shall testify under oath or affirmation, which 42 may be administered by any commissioner or authorized representative of 43 the commission actually present. The commission shall be the sole judge 44 of the relevancy and competency of testimony and other evidence, the 45 credibility of witnesses, and the sufficiency of evidence. Hearings may 46 be conducted by representatives of the commission in the discretion of 47 the commission. In such cases, the commission representatives conducting 48 the hearing shall submit findings of fact and recommendations to the 49 commission, which shall not be binding on the commission. 50 15. Advertising matter to state admission price. It shall be the duty 51 of every entity promoting or conducting a professional combative sports 52 match or exhibition subject to the provisions of this section to cause 53 to be inserted in each show card, bill, poster, newspaper advertisement 54 of any professional combative sports match or exhibition given by it, 55 the price of admission thereto. Violation of the provisions of this 56 subdivision shall subject the entity to a fine of one hundred dollars. A. 2009--C 10 1 16. Tickets to indicate purchase price. All tickets of admission to 2 any such combative sports match or exhibition shall be controlled by the 3 provisions of article twenty-five of the arts and cultural affairs law. 4 It shall be unlawful for any entity to admit to such match or exhibition 5 a number of people greater than the seating capacity of the place where 6 such match or exhibition is held. Violation of this subdivision shall be 7 a misdemeanor and shall be punishable as such and in addition shall 8 incur forfeiture of license. 9 17. Equipment of buildings for matches or exhibitions. All buildings 10 or structures used or intended to be used for holding or giving such 11 professional combative sports matches or exhibitions shall be properly 12 ventilated and provided with fire exits and fire escapes, and in all 13 manner conform to the laws, ordinances and regulations pertaining to 14 buildings in the city, town or village where situated. 15 18. Age of participants and spectators. No person under the age of 16 eighteen years shall participate in any professional combative sports 17 match or exhibition, and no person under sixteen years of age shall be 18 permitted to attend as a spectator; provided, however, that a person 19 under the age of sixteen shall be permitted to attend as a spectator if 20 accompanied by a parent or guardian. 21 19. Regulation of conduct of matches or exhibitions. (a) Except for 22 championship matches, which shall not be more than five rounds, no 23 combative sports match or exhibition shall be more than three rounds in 24 length. No participant shall be allowed to participate in more than 25 three matches or exhibitions or compete for more than sixty minutes 26 within seventy-two consecutive hours. No participant shall be allowed 27 to compete in any such match or exhibition without wearing a mouthguard 28 and a protective groin cup. At each professional combative sports match 29 or exhibition, there shall be in attendance a duly licensed referee who 30 shall direct and control the same. Before starting such contest the 31 referee shall ascertain from each participant the name of his manager or 32 chief second, and shall hold such manager or chief second responsible 33 for the conduct of his assistant seconds during the progress of the 34 match or exhibition. The commission shall have the power in its 35 discretion to declare forfeited any prize, remuneration or purse, or any 36 part thereof, belonging to the participants or one of them, or the share 37 thereof of any manager or chief second if in its judgment, such partic- 38 ipant or participants are not honestly competing or the participant or 39 manager or chief second of a participant, as the case may be, has 40 committed an act in the premises in violation of any rule, order or 41 regulation of the commission. The amount so forfeited shall be paid 42 within forty-eight hours to the commission. There shall also be in 43 attendance, three duly licensed judges who shall at the termination of 44 each such combative sports match or exhibition render their decision. 45 The winner of such match or exhibition shall be determined in accordance 46 with a scoring system prescribed by the commission. Provided, however, 47 that a participant may terminate the contest by signalling to the refer- 48 ee that such participant submits to the opponent. 49 (b) The commission may by rule, regulation or order, require the pres- 50 ence of any medical equipment and personnel at each professional comba- 51 tive sports match or exhibition as is necessary or beneficial for the 52 safety and protection of the contestants; and may also require the pres- 53 ence of an ambulance or other apparatus at the site of any such match or 54 exhibition or the promulgation of an emergency medical plan in lieu 55 thereof. A. 2009--C 11 1 (c) The commission shall prescribe by rule or regulation the responsi- 2 bilities of managers, trainers and chief seconds prior to, during and 3 after a combative sports match or exhibition in order to promote the 4 safety of the participants at all times. 5 (d) The commission shall require by rule or regulation that any 6 professional combative sports participant licensed under this section 7 present to a designated commission official, before each match or exhi- 8 bition in which he fights in this state, a license which shall include 9 but not be limited to the following information: (1) the participant's 10 name, photograph, social security number, date of birth, and other iden- 11 tifying information; (2) the participant's prior match or exhibition 12 history including the dates, location, and decision of such matches or 13 exhibitions; and (3) the participant's medical history, relating to any 14 physical condition, medical test or procedure which relates to his abil- 15 ity to fight, and a record of all medical suspensions. 16 20. Examination by physician; cost. (a) All participants must be exam- 17 ined by a physician designated by the commission before entering the 18 ring and each such physician shall immediately file with the commission 19 a written report of such examination. The cost of any such examination, 20 as prescribed by a schedule of fees established by the commission, shall 21 be paid by the entity conducting the match or exhibition to the commis- 22 sion, which shall then pay the fee covering such cost to the examining 23 physician, in accordance with the rules of the commission. 24 (b) Any professional combative sports participant licensed or permit- 25 ted under this section rendered unconscious or suffering head trauma as 26 determined by the attending physician shall be immediately examined by 27 the attending commission physician and shall be required to undergo 28 neurological and neuropsychological examinations by a neurologist 29 including but not limited to a computed tomography or medically equiv- 30 alent procedure. Any participant so injured shall not appear in any 31 match or exhibition until results of such examinations are reviewed by 32 the commission. The results of all such examinations herein required 33 shall become a part of the participant's permanent medical records as 34 maintained by the commission and shall be used by the commission to 35 determine whether a participant shall be permitted to appear in any 36 future professional combative sports match or exhibition. The costs of 37 all such examinations called for in this paragraph shall be assumed by 38 the entity or promoter if such examinations are performed by a physician 39 approved by the commission. 40 (c) The commission may at any time require a licensed or permitted 41 participant to undergo a physical examination, including any neurologi- 42 cal or neuropsychological test or procedure. The cost of such exam shall 43 be assumed by the state. 44 21. Physician to be in attendance; powers of such physician. (a) It 45 shall be the duty of every entity licensed to conduct a combative sports 46 match or exhibition, to have in attendance at every match or exhibition 47 at least one physician designated by the commission as the rules shall 48 provide. The commission may establish a schedule of fees to be paid by 49 the licensee to cover the cost of such attendance. Such fees shall be 50 paid to the commission, which shall then pay such fees to the physicians 51 entitled thereto, in accordance with the rules of the commission. 52 (b) The physician shall terminate any professional combative sports 53 match or exhibition if in the opinion of such physician any participant 54 has received severe punishment or is in danger of serious physical inju- 55 ry. In the event of any serious physical injury, such physician shall 56 immediately render any emergency treatment necessary, recommend further A. 2009--C 12 1 treatment or hospitalization if required, and fully report the entire 2 matter to the commission within twenty-four hours and if necessary, 3 subsequently thereafter. Such physician may also require that the 4 injured participant and his manager or chief second remain in the ring 5 or on the premises or report to a hospital after the contest for such 6 period of time as such physician deems advisable. 7 (c) Such physician may enter the ring at any time during a profes- 8 sional combative sports match or exhibition and may terminate the match 9 or exhibition if in his opinion the same is necessary to prevent severe 10 punishment or serious physical injury to a participant. 11 22. Bond. Before a license shall be granted to an entity to conduct a 12 professional combative sports match or exhibition, the applicant shall 13 execute and file with the comptroller a bond in an amount to be deter- 14 mined by the commission, to be approved as to form and sufficiency of 15 sureties thereon by the comptroller, conditioned for the faithful 16 performance by such entity of the provisions of this section and the 17 rules and regulations of the commission, and upon the filing and 18 approval of such bond the comptroller shall issue to such applicant a 19 certificate of such filing and approval, which shall be by such appli- 20 cant filed in the office of the commission with its application for 21 license, and no such license shall be issued until such certificate 22 shall be filed. In case of default in such performance, the commission 23 may impose upon the delinquent a penalty in the sum of not more than one 24 thousand dollars for each offense, which may be recovered by the attor- 25 ney general in the name of the people of the state of New York in the 26 same manner as other penalties are recovered by law; any amount so 27 recovered shall be paid into the treasury. 28 23. Bond for purses, salaries and other expenses. In addition to the 29 bond required by subdivision twenty-two of this section, each applicant 30 for a license to conduct professional combative sports matches or exhi- 31 bitions shall execute and file with the comptroller a bond in an amount 32 to be determined by the commission to be approved as to form and suffi- 33 ciency of sureties thereon by the comptroller, conditioned for and guar- 34 anteeing the payment of professional combative sports participants' 35 purses, salaries of club employees licensed by the commission, and the 36 legitimate expenses of printing tickets and all advertising material. 37 24. Duty to provide insurance for licensed professional combative 38 sports participants. (a) All entities having licenses as promoters 39 shall continuously provide insurance for the protection of licensed 40 professional combative sports participants, appearing in professional 41 combative sports matches or exhibitions. Such insurance coverage shall 42 provide for reimbursement to the licensed athlete for medical, surgical 43 and hospital care, with a minimum limit of fifty thousand dollars for 44 injuries sustained while participating in any program operated under the 45 control of such licensed promoter and for a payment of one hundred thou- 46 sand dollars to the estate of any deceased athlete where such death is 47 occasioned by injuries received during the course of a match or exhibi- 48 tion in which such licensed athlete participated under the promotion or 49 control of any licensed promoter. The commission may from time to time, 50 in its discretion, increase the amount of such minimum limits. 51 (b) The failure to pay premiums on such insurance as is required by 52 paragraph (a) of this subdivision shall be cause for the suspension or 53 the revocation of the license of such defaulting promoter. 54 25. Notice of contest; collection of tax. (a) Every entity holding any 55 professional combative sports match or exhibition for which an admission 56 fee is charged or received, shall notify the athletic commission ten A. 2009--C 13 1 days in advance of the holding of such contest. All tickets of admission 2 to any such match or exhibition shall be procured from a printer duly 3 authorized by the state athletic commission to print such tickets and 4 shall bear clearly upon the face thereof the purchase price and location 5 of same. An entity failing to fully comply with this section shall be 6 subject to a penalty of five hundred dollars to be collected by and paid 7 to the department of state. An entity is prohibited from operating any 8 matches or exhibitions until all penalties due pursuant to this subdivi- 9 sion and taxes, interest and penalties due pursuant to article nineteen 10 of the tax law have been paid. 11 (b) Pursuant to direction by the commissioner of taxation and finance, 12 employees or officers of the athletic commission shall act as agents of 13 the commissioner of taxation and finance to collect the tax imposed by 14 article nineteen of the tax law. The athletic commission shall provide 15 the commissioner of taxation and finance with such information and tech- 16 nical assistance as may be necessary for the proper administration of 17 such tax. 18 26. Regulation of judges. (a) Judges for any professional combative 19 sports match or exhibition under the jurisdiction of the commission 20 shall be selected by the commission from a list of qualified licensed 21 judges maintained by the commission. 22 (b) Any professional combative sport participant, manager or chief 23 second may protest the assignment of a judge to a professional combative 24 sports match or exhibition and the protesting professional combative 25 sports participant, manager or chief second may be heard by the commis- 26 sion or its designee if such protest is timely. If the protest is 27 untimely it shall be summarily rejected. 28 (c) Each person seeking to be licensed as a judge by the commission 29 shall be required to submit to or provide proof of an eye examination 30 and annually thereafter on the anniversary of the issuance of the 31 license. Each person seeking to be a professional combative sports judge 32 in the state shall be certified as having completed a training program 33 as approved by the commission and shall have passed a written examina- 34 tion approved by the commission covering aspects of professional comba- 35 tive sports including, but not limited to, the rules of the sport, the 36 law of the state relating to the commission, and basic first aid. The 37 commission shall establish continuing education programs to keep licen- 38 sees current on areas of required knowledge. 39 (d) Each person seeking a license to be a professional combative 40 sports judge in this state shall be required to fill out a financial 41 questionnaire certifying under penalty of perjury full disclosure of the 42 judge's financial situation on a questionnaire to be promulgated by the 43 commission. Such questionnaire shall be in a form and manner approved by 44 the commission and shall provide information as to areas of actual or 45 potential conflicts of interest as well as appearances of such 46 conflicts, including financial responsibility. Within forty-eight hours 47 of any professional combative sports match or exhibition, each combative 48 sports judge shall file with the commission a financial disclosure 49 statement in such form and manner as shall be acceptable to the commis- 50 sion. 51 (e) Only a person licensed by the commission may judge a professional 52 combative sports match or exhibition. 53 27. Training facilities. (a) The commission may, in its discretion and 54 in accordance with regulations adopted by the commission to protect the 55 health and safety of professional combative sport participants in train- 56 ing, issue a license to operate a training facility providing contact A. 2009--C 14 1 sparring maintained either exclusively or in part for the use of profes- 2 sional combative sport participants. The regulations of the commission 3 shall include, but not be limited to, the following subjects to protect 4 the health and safety of professional combative sport participants: 5 (1) requirements for first aid materials to be stored in an accessible 6 location on the premises and for the presence on the premises of a 7 person trained and certified in the use of such materials and procedures 8 for cardio-pulmonary resuscitation at all times during which the facili- 9 ty is open for training purposes; 10 (2) prominent posting adjacent to an accessible telephone of the tele- 11 phone number for emergency medical services at the nearest hospital; 12 (3) clean and sanitary bathrooms, shower rooms, locker rooms and food 13 serving and storage areas; 14 (4) adequate ventilation and lighting of accessible areas of the 15 training facility; 16 (5) establishment of a policy concerning the restriction of smoking in 17 training areas, including provisions for its enforcement by the facility 18 operator; 19 (6) compliance with state and local fire ordinances; 20 (7) inspection and approval of rings as required by subdivision thirty 21 of this section; and 22 (8) establishment of a policy for posting all commission license 23 suspensions and license revocations received from the commission includ- 24 ing provisions for enforcement of such suspensions and revocations by 25 the facility operator. 26 (b) A prospective licensee shall submit to the commission proof that 27 it can furnish suitable facilities in which the training is to be 28 conducted, including the making of such training facilities available 29 for inspection by the commission at any time during which training is in 30 progress. 31 28. Temporary training facilities. Any training facility providing 32 contact sparring established and maintained on a temporary basis for the 33 purpose of preparing a professional combative sport participant for a 34 specific professional combative sports match or exhibition to be 35 conducted, held or given within the state of New York shall be exempt 36 from this act insofar as it concerns the licensing of such facilities 37 if, in the judgment of the commission, establishment and maintenance of 38 such facility will be consistent with the purposes and provisions of 39 this chapter, the best interests of professional combative sports gener- 40 ally, and the public interest, convenience or necessity. 41 29. Weights; classes and rules. The weights and classes of combative 42 sport participants and the rules and regulations of professional comba- 43 tive sports shall be prescribed by the commission. 44 30. Rings or fighting areas. No professional combative sports match 45 or exhibition or training activity shall be permitted in any ring or 46 fighting area unless such ring or fighting area has been inspected and 47 approved by the commission. The commission shall prescribe standard 48 acceptable size and quality requirements for rings or fighting areas and 49 appurtenances thereto. 50 31. Misdemeanor. Any entity who intentionally, directly or indirectly 51 conducts, holds or gives a professional combative sports match or exhi- 52 bition or participates either directly or indirectly in any such match 53 or exhibition as a referee, judge, corporation treasurer, professional 54 combative sports participant, manager, promoter, trainer or chief 55 second, without first having procured an appropriate license or permit 56 as prescribed in this section shall be guilty of a misdemeanor. A. 2009--C 15 1 § 3. Section 6 of chapter 912 of the laws of 1920 relating to the 2 regulation of boxing, sparring and wrestling, as amended by chapter 437 3 of the laws of 2002 and subdivision 1 as designated and subdivision 2 as 4 added by chapter 673 of the laws of 2003, is amended to read as follows: 5 § 6. Jurisdiction of commission. 1. The commission shall have and 6 hereby is vested with the sole direction, management, control and juris- 7 diction over all such boxing and sparring matches or exhibitions or 8 professional combative sports matches or exhibitions to be conducted, 9 held or given within the state of New York and over all licenses to any 10 and all persons who participate in such boxing or sparring matches or 11 exhibitions or professional combative sports matches or exhibitions and 12 over any and all gyms, clubs, training camps and other organizations 13 that maintain training facilities providing contact sparring for persons 14 who prepare for participation in such boxing or sparring matches or 15 exhibitions or professional combative sports matches or exhibitions, and 16 over the promotion of professional wrestling exhibitions or professional 17 combative sports matches or exhibitions to the extent provided for in 18 sections 5, 9, 19, 20, 28-a, 28-b and 33 of this act, except as other- 19 wise provided in this act. 20 2. The commission is authorized and directed to require that all sites 21 wherein boxing, sparring and wrestling matches and exhibitions or 22 professional combative sports matches or exhibitions are conducted shall 23 comply with state and applicable local sanitary codes appropriate to 24 school athletic facilities. 25 § 4. Subdivision 1 of section 451 of the tax law, as amended by 26 section 1 of part F of chapter 407 of the laws of 1999, is amended to 27 read as follows: 28 1. "Gross receipts from ticket sales" shall mean the total gross 29 receipts of every person from the sale of tickets to any professional or 30 amateur boxing, sparring or wrestling match or exhibition or any profes- 31 sional combative sports match or exhibition held in this state, and 32 without any deduction whatsoever for commissions, brokerage, distrib- 33 ution fees, advertising or any other expenses, charges and recoupments 34 in respect thereto. 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 professional combative sports match or exhibition in this 52 state. Such tax shall be imposed on such gross receipts, exclusive of 53 any federal taxes, as follows: 54 (a) eight and one-half percent of gross receipts from ticket sales; 55 and A. 2009--C 16 1 (b) three percent of gross receipts from broadcasting rights, except 2 that in no event shall the tax imposed by this paragraph exceed fifty 3 thousand dollars for any match or exhibition. 4 § 6. This act shall take effect on the one hundred twentieth day after 5 it shall have become a law, and shall expire and be deemed repealed 3 6 years after it shall take effect; provided, however, that effective 7 immediately, the addition, amendment and/or repeal of any rule or regu- 8 lation necessary for the implementation of this act on its effective 9 date is authorized and directed to be made and completed on or before 10 such effective date.
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2009C SPONSOR: Englebright��������� TITLE OF BILL: An act to amend chapter 912 of the laws of 1920 relat- ing to the regulation of boxing, sparring and wrestling, in relation to establishing protocols for combative sports and authorizing mixed martial arts events in this state; to amend the tax law, in relation to the imposition of a tax on the gross receipts of any person holding any professional or amateur boxing, sparring or wrestling match or exhibi- tion, or professional combative sports match or exhibition; and provid- ing for the repeal of such provisions upon expiration thereof PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to ensure that the New York State Athletic Commission regularly updates the list of single discipline martial arts organizations that are approved by the commission to sanction martial arts matches or exhibitions; and to allow professional mixed martial arts to be permitted in this State and set forth the jurisdiction of the commission in regulating profes- sional mixed martial arts promotion, participants, bouts and exhibi- tions. SUMMARY OF PROVISIONS: Section one of the bill amends subdivisions 2-6 of section 4 of chapter 912 of 1920 to give the NYSAC medical advisory board jurisdiction over professional combative sports participants. Section two of the bill amends subdivision 1 of section 5-a of chapter 912 of the Laws of 1920 by expanding the term "martial arts" to include any professional match or exhibition that is sanctioned by an organiza- tion approved by the commission. Professional mixed martial arts is separated from single discipline martial arts and defined mixed martial arts and the jurisdiction of the New York State Athletic Commission (NYSAC) in relation to holding mixed martial arts exhibitions or bouts is set forth. This section also specifies that no non-professional or amateur bout, exhibition, or participant will not be authorized by this bill. Section three of the bill amends chapter 912 of the Laws of 1920 as it relates to the jurisdiction of the NYSAC as it relates to mixed martial arts. Section four of the bill amends section 451 of the tax law to allow professional combative sports to be taxed on the gross receipts from ticket sales. Section five of the bill amends section 452 of the tax law to impose a 8.5% tax on receipts of ticket sales with no cap as well as 3% broad- casting rights with a $50,000 cap. JUSTIFICATION: Chapter 912 of 1920 needs to be amended to accomplish two goals. First, to allow single discipline martial arts organizations that aren't listed in the law to have a process for the NYSAC to approve them as being able to hold martial arts bouts and exhibitions. Second, to allow the very popular and professional sport of mixed martial arts. Thirty-one states currently allow mixed marital arts and the NYSAC needs to be properly empowered to maintain both the dignity of the sport and the best interest of the safety and welfare of the professional comba- tive sports participants. LEGISLATIVE HISTORY: 2007-08 A11458A FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on the one hundred twenti- eth day after it shall have become a law, and shall expire and be deemed repealed 3 years after it shall take effect; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date is authorized and directed to be made and completed on or before such effective date.