senate Bill S4877

Establishes protocols for amateur combative sports

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 29 / Apr / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 29 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1386
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT

Summary

Establishes protocols for amateur combative sports; establishes procedures for applications for licenses; establishes penalties for violations.

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Bill Details

Versions:
S4877
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Boxing
Laws Affected:
Amd ยงยง4, 5-a & 6, Chap 912 of 1920

Sponsor Memo

BILL NUMBER:S4877

TITLE OF BILL: An act to amend chapter 912 of the laws of 1920 relating
to the regulation of boxing, sparring and wrestling, in relation to
establishing protocols for amateur combative sports events in this state

PURPOSE: To establish protocols for amateur combative sports.

SUMMARY OF PROVISIONS:

Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 4 of chapter 912 of
the laws of 1920 relating to the regulation of boxing, sparring and
wrestling, subdivisions 2 and 6 as amended by chapter 437 of the laws of
2002 and subdivisions 3, 4 and 5 as added by chapter 603 of the laws of
1981, are amended to include amateur combative sports participants,
matches and/or exhibitions.

Section 2. Establishes a medical advisory board and commission to
manage, control, and have all jurisdiction over amateur matches or exhi-
bitions, including, directing a representative to be present at amateur
combative sports events and submitting written reports, outline licens-
ing requirements and procedures for corporations, participants, refer-
ees, judges and promoters. This section also requires participants to
undergo a comprehensive physical examination including clinical neuro-
logical and neuropsychological examinations prior to obtaining a
license. Any participant who suffers a knockout during a match or exhi-
bition is prohibited from entering another fight within ninety days of
said knockout without clearance from the board. The commission may
require presence of any medical equipment and personnel, including an
ambulance, at each amateur combative sports match or exhibition as is
deemed necessary as it is of the utmost importance to promote the safety
of participants at all times. All entities and promoters must provide
insurance for the protection of amateur combative sports participants,
with reimbursement to the athlete for medical, surgical and hospital
care. Any person who participates directly or indirectly in an amateur
combative sports match or exhibition without first having procured the
appropriate license from the commission, shall be guilty of a misdemea-
nor.

Section 3. Section 6 of chapter 912 of the laws of 1920 relating to the
regulation of boxing, sparring and wrestling, as amended by chapter 437
of the laws of 2002 and subdivision 1 as designated and subdivision 2 as
added by chapter 673 of the laws of 2003, is amended to include amateur
combative sports matches or exhibitions.

JUSTIFICATION: Currently, professional combative sports matches and
exhibitions are prohibited in New York, however, amateur events are
allowed without needed oversight or regulation. This legislation
provides the important oversight for amateur combative sports events to
ensure the safety of the athletes. This legislation outlines medical
exam requirements including neurological and neuropsychological exams
prior to participating in an amateur combative sports match or exhibi-

tion. Such requirements are necessary to prevent athletes from entering
who are not physically and mentally sound.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it
shall have become a law

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4877

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 29, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

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 amateur combative sports events in this state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 2, 3, 4, 5 and 6 of section 4 of chapter 912
of the laws of 1920 relating to the regulation of boxing,  sparring  and
wrestling, subdivisions 2 and 6 as amended by chapter 437 of the laws of
2002  and subdivisions 3, 4 and 5 as added by chapter 603 of the laws of
1981, are amended to read as follows:
  2. The advisory board shall have power and it shall be the duty of the
board to prepare and submit to the commission for  approval  regulations
and  standards  for  the physical examination of professional boxers AND
AMATEUR COMBATIVE SPORTS  PARTICIPANTS  including,  without  limitation,
pre-fight  and/or  post-fight  examinations  and  periodic comprehensive
examinations. The board shall continue to serve in an advisory  capacity
to  the  commission  and  from  time  to  time prepare and submit to the
commission for approval, such additional regulations  and  standards  of
examination  as in their judgment will safeguard the physical welfare of
professional boxers licensed by the commission. The advisory board shall
recommend to the commission from time to time such qualified physicians,
for the purpose of  conducting  physical  examinations  of  professional
boxers  AND  AMATEUR COMBATIVE SPORTS PARTICIPANTS and other services as
the rules of the commission shall provide; and shall  recommend  to  the
commission a schedule of fees to be paid to physicians for such examina-
tions and other services as required by this act.
  3.  The  advisory  board  shall  develop appropriate medical education
programs for all commission personnel involved in the conduct of  boxing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06445-03-3

S. 4877                             2

and  sparring matches or exhibitions OR AMATEUR COMBATIVE SPORTS MATCHES
OR EXHIBITIONS so  that  such  personnel  can  recognize  and  act  upon
evidence of potential or actual adverse medical indications in a partic-
ipant prior to or during the course of a match OR EXHIBITION.
  4.  The advisory board shall review the credentials and performance of
each commission physician on an annual basis as  a  condition  of  reap-
pointment  of  each  such  physician,  including  each  such physician's
comprehension of the medical literature on boxing OR  AMATEUR  COMBATIVE
SPORTS referred to in subdivision five of this section.
  5.  The advisory board shall recommend to the commission a compilation
of medical publications on the medical  aspects  of  boxing  OR  AMATEUR
COMBATIVE SPORTS which shall be maintained by the commission and be made
available for review to all commission personnel involved in the conduct
of  any  boxing  or  sparring  match  or exhibition OR AMATEUR COMBATIVE
SPORTS MATCH OR EXHIBITION.
  6. The advisory board shall also advise the commission on any study of
equipment, procedures or personnel which will, in their opinion, promote
the safety of boxing participants AND AMATEUR COMBATIVE  SPORTS  PARTIC-
IPANTS.
  S  2.  Section  5-a of chapter 912 of the laws of 1920 relating to the
regulation of boxing, sparring and wrestling, as added by chapter 14  of
the laws of 1997, is amended to read as follows:
  S 5-a. Combative sports. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "BOARD"  MEANS  MEDICAL  ADVISORY BOARD AS ESTABLISHED IN SECTION
FOUR OF THIS ACT.
  (B) A "combative sport" shall mean any AMATEUR OR  professional  match
or  exhibition  other  than  boxing, sparring, wrestling or martial arts
wherein the contestants deliver, or are not forbidden by the  applicable
rules thereof from delivering kicks, punches or blows of any kind to the
body  of an opponent or opponents. For the purposes of this section, the
term "martial arts" shall include any professional match  or  exhibition
OF  A  SINGLE  DISCIPLINE  sanctioned by AN ORGANIZATION APPROVED BY THE
COMMISSION, INCLUDING, BUT NOT LIMITED TO, any of the  following  organ-
izations:  U.S. Judo Association, U.S. Judo, Inc., U.S. Judo Federation,
U.S. Tae Kwon Do Union, North American Sport Karate Association,  U.S.A.
Karate  Foundation, U.S. Karate, Inc., World Karate Association, Profes-
sional Karate Association,  Karate  International,  International  Kenpo
Association, or World Wide Kenpo Association. The commission [is author-
ized to] SHALL promulgate regulations which would establish a process to
allow  for  the  inclusion or removal of martial arts organizations from
the above list. Such process shall include but not be limited to consid-
eration of the following factors:    [(a)]  (1)  is  the  organization's
primary purpose to provide instruction in self defense techniques; [(b)]
(2)  does  the  organization  require  the  use  of hand, feet and groin
protection during any competition or bout; and [(c)] (3) does the organ-
ization have an established set of  rules  that  require  the  immediate
termination of any competition or bout when any participant has received
severe punishment or is in danger of suffering serious physical injury.
  (C)  "COMMISSION"  MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR
IN SECTION ONE OF THIS ACT OR AN AGENT OF THE COMMISSION ACTING  ON  ITS
BEHALF.
  (D) "AMATEUR COMBATIVE SPORTS PARTICIPANT" OR "PARTICIPANT" SHALL MEAN
A  COMBATIVE  SPORTS  FIGHTER WHO COMPETES WITHOUT ANY FORM OF PECUNIARY
GAIN PAID THEREFOR, IN ANY CONTEST CONFORMING TO THE RULES,  REGULATIONS
AND REQUIREMENTS OF THIS SECTION.

S. 4877                             3

  2.  No  PROFESSIONAL combative sport shall be conducted, held or given
within the state of New York, and no licenses may  be  approved  by  the
commission for such matches or exhibitions.
  3.  (a) A person who knowingly advances or profits from a PROFESSIONAL
OR AMATEUR combative sport activity shall be guilty of a class A  misde-
meanor,  and  shall  be guilty of a class E felony if he or she has been
convicted in the previous five years of violating this subdivision.
  (b) A person advances a PROFESSIONAL combative  sport  activity  when,
acting  other  than  as  a spectator, he or she engages in conduct which
materially aids any PROFESSIONAL combative sport. Such conduct  includes
but  is  not limited to conduct directed toward the creation, establish-
ment or performance of a PROFESSIONAL combative sport, toward the acqui-
sition or maintenance of premises, paraphernalia, equipment or apparatus
therefor, toward the solicitation or inducement of persons to attend  or
participate therein, toward the actual conduct of the performance there-
of,  toward the arrangement of any of its financial or promotional phas-
es, or toward any other phase of  a  combative  sport.  One  advances  a
PROFESSIONAL  combative sport activity when, having substantial proprie-
tary or other authoritative control over premises being used with his or
her knowledge for purposes of a PROFESSIONAL combative  sport  activity,
he  or  she  permits  such  to  occur  or continue or makes no effort to
prevent its occurrence or continuation.
  (c) A person profits from a PROFESSIONAL OR  AMATEUR  combative  sport
activity when he or she accepts or receives money or other property with
intent  to participate in the proceeds of a combative sport activity, or
pursuant to an agreement or understanding with any person whereby he  or
she  participates or is to participate in the proceeds of a PROFESSIONAL
OR AMATEUR combative sport activity.
  (d) Any person who knowingly advances or profits from  a  PROFESSIONAL
OR  AMATEUR  combative  sport  activity shall also be subject to a civil
penalty not to exceed for the first violation ten  thousand  dollars  or
twice  the amount of gain derived therefrom whichever is greater, or for
a subsequent violation twenty thousand dollars or twice  the  amount  of
gain  derived  therefrom  whichever  is greater. The attorney general is
hereby empowered to commence judicial proceedings to recover such penal-
ties and to obtain injunctive relief to enforce the provisions  of  this
section.  NO  AMATEUR  COMBATIVE  SPORTS  MATCH  OR  EXHIBITION SHALL BE
CONDUCTED, HELD OR GIVEN WITHIN THE STATE EXCEPT IN ACCORDANCE WITH  THE
PROVISIONS  OF THIS SECTION AND THE RULES AND REGULATIONS PROMULGATED BY
THE COMMISSION PURSUANT THERETO. THE COMMISSION SHALL DIRECT A REPRESEN-
TATIVE TO BE PRESENT AT EACH PLACE WHERE AMATEUR COMBATIVE SPORTS ARE TO
BE HELD PURSUANT TO THE PROVISIONS OF THIS SECTION. SUCH  REPRESENTATIVE
SHALL  ASCERTAIN  THE EXACT CONDITIONS SURROUNDING SUCH MATCH OR EXHIBI-
TION AND MAKE A WRITTEN REPORT OF  THE  SAME  IN  THE  MANNER  AND  FORM
PRESCRIBED  BY  THE COMMISSION. SUCH AMATEUR COMBATIVE SPORTS MATCHES OR
EXHIBITIONS MAY BE HELD IN ANY BUILDING FOR WHICH THE COMMISSION IN  ITS
DISCRETION  MAY  ISSUE  A  LICENSE.  WHERE  SUCH  MATCH OR EXHIBITION IS
AUTHORIZED TO BE HELD IN A STATE OR CITY OWNED ARMORY, THE PROVISION  OF
THE  MILITARY  LAW IN RESPECT THERETO MUST BE COMPLIED WITH, BUT NO SUCH
MATCH OR EXHIBITION SHALL BE HELD IN A BUILDING WHOLLY  USED  FOR  RELI-
GIOUS SERVICES.
  4.  (A)  THE  COMMISSION SHALL HAVE AND HEREBY IS VESTED WITH THE SOLE
DIRECTION, MANAGEMENT, CONTROL AND JURISDICTION OVER ALL AMATEUR  COMBA-
TIVE SPORTS MATCHES OR EXHIBITIONS TO BE CONDUCTED, HELD OR GIVEN WITHIN
THE  STATE  OF NEW YORK AND OVER ALL LICENSES TO ANY AND ALL PERSONS WHO
PARTICIPATE IN SUCH AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS  AND

S. 4877                             4

OVER  ANY  AND  ALL  GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS
THAT MAINTAIN TRAINING FACILITIES PROVIDING CONTACT SPARRING FOR PERSONS
WHO PREPARE FOR PARTICIPATION IN SUCH AMATEUR COMBATIVE SPORTS OR  EXHI-
BITIONS, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
  (B)  THE  COMMISSION  IS  AUTHORIZED  AND DIRECTED TO REQUIRE THAT ALL
SITES WHEREIN AMATEUR COMBATIVE SPORTS ARE CONDUCTED SHALL  COMPLY  WITH
STATE AND APPLICABLE LOCAL SANITARY CODES APPROPRIATE TO SCHOOL ATHLETIC
FACILITIES.
  5.   ALL CORPORATIONS, PERSONS, LIMITED LIABILITY COMPANIES, REFEREES,
JUDGES, CORPORATION TREASURERS, AMATEUR COMBATIVE  SPORTS  PARTICIPANTS,
AND  PROMOTERS  SHALL  BE LICENSED BY THE COMMISSION, AND NO SUCH ENTITY
SHALL BE PERMITTED TO PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY
AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION, OR  THE  HOLDING  THEREOF,
UNLESS  SUCH ENTITY SHALL HAVE FIRST PROCURED A LICENSE FROM THE COMMIS-
SION. THE COMMISSION SHALL ESTABLISH BY RULE  AND  REGULATION  LICENSING
STANDARDS  FOR  REFEREES, JUDGES AND PROMOTERS.  ANY MATCH OR EXHIBITION
CONFORMING TO THE RULES, REGULATIONS AND REQUIREMENTS  OF  THIS  SECTION
SHALL BE DEEMED TO BE AN AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION.
  6.  (A)  THE  COMMISSION  MAY,  IN  ITS DISCRETION, ISSUE A LICENSE TO
CONDUCT OR HOLD AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS, SUBJECT
TO THE PROVISIONS HEREOF, TO ANY PERSON, CORPORATION OR LIMITED  LIABIL-
ITY  COMPANY  DULY  INCORPORATED  OR  FORMED, HEREINAFTER REFERRED TO AS
"ENTITY".
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES IN WHICH SUCH MATCH OR EXHIBITION IS TO BE
HELD.
  (C) UPON WRITTEN APPLICATION AND THE PAYMENT OF A FEE OF FIVE  HUNDRED
DOLLARS  WHICH  MUST ACCOMPANY THE APPLICATION, THE COMMISSION MAY GRANT
TO ANY ENTITY HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLD-
ING SUCH A MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR
IN ANOTHER LOCATION, THAN THE PREMISES OR LOCATION  PREVIOUSLY  APPROVED
BY THE COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE
RULES AND REGULATIONS OF THE COMMISSION.
  (D)  ALL  PENALTIES  IMPOSED  AND COLLECTED BY THE COMMISSION FROM ANY
ENTITY LICENSED UNDER THE PROVISIONS OF THIS ACT, WHICH FINES AND PENAL-
TIES ARE IMPOSED AND COLLECTED UNDER THE AUTHORITY HEREBY  VESTED  SHALL
WITHIN  THIRTY  DAYS AFTER THE RECEIPT THEREOF BY THE COMMISSION BE PAID
BY THEM INTO THE STATE TREASURY.
  7. EACH APPLICANT FOR A PROMOTER LICENSE SHALL, BEFORE  A  LICENSE  IS
ISSUED  BY  THE COMMISSION, PAY TO THE COMMISSION, AN ANNUAL LICENSE FEE
AS FOLLOWS:  WHERE THE SEATING CAPACITY IS NOT MORE  THAN  TWO  THOUSAND
FIVE  HUNDRED,  FIVE HUNDRED DOLLARS; WHERE THE SEATING CAPACITY IS MORE
THAN TWO THOUSAND FIVE HUNDRED BUT NOT  MORE  THAN  FIVE  THOUSAND,  ONE
THOUSAND  DOLLARS; WHERE THE SEATING CAPACITY IS MORE THAN FIVE THOUSAND
BUT NOT MORE THAN FIFTEEN THOUSAND, ONE THOUSAND FIVE  HUNDRED  DOLLARS;
WHERE  THE  SEATING  CAPACITY IS MORE THAN FIFTEEN THOUSAND BUT NOT MORE
THAN TWENTY-FIVE THOUSAND, TWO THOUSAND FIVE HUNDRED DOLLARS; WHERE  THE
SEATING  CAPACITY IS MORE THAN TWENTY-FIVE THOUSAND, THREE THOUSAND FIVE
HUNDRED DOLLARS; REFEREE,  ONE  HUNDRED  DOLLARS;  JUDGES,  ONE  HUNDRED
DOLLARS; AND AMATEUR COMBATIVE SPORTS PARTICIPANTS, FIFTY DOLLARS.  EACH
LICENSE  OR  RENEWAL  THEREOF  ISSUED PURSUANT TO THIS SUBDIVISION ON OR
AFTER OCTOBER FIRST SHALL BE EFFECTIVE FOR A LICENSE  YEAR  EXPIRING  ON
THE  THIRTIETH  DAY OF SEPTEMBER FOLLOWING THE DATE OF ITS ISSUANCE. THE
ANNUAL LICENSE FEE PRESCRIBED BY THIS SUBDIVISION SHALL BE  THE  LICENSE
FEE  DUE  AND  PAYABLE THEREFOR AND SHALL BE PAID IN ADVANCE AT THE TIME
APPLICATION IS MADE THEREFOR, AND EACH SUCH LICENSE MAY BE  RENEWED  FOR

S. 4877                             5

PERIODS  OF  ONE  YEAR  UPON  THE  PAYMENT  OF  THE  ANNUAL  LICENSE FEE
PRESCRIBED BY THIS SUBDIVISION. WITHIN THREE  YEARS  FROM  THE  DATE  OF
PAYMENT AND UPON THE AUDIT OF THE COMPTROLLER, THE COMMISSION MAY REFUND
ANY  FEE,  UNFORFEITED  POSTED  GUARANTEE  OR  TAX PAID PURSUANT TO THIS
SECTION, FOR WHICH NO LICENSE IS ISSUED OR NO SERVICE RENDERED OR REFUND
THAT PORTION OF THE PAYMENT THAT IS IN EXCESS OF THE  AMOUNT  PRESCRIBED
BY STATUTE.
  8.  (A)  EVERY APPLICATION FOR A LICENSE SHALL BE IN WRITING, SHALL BE
ADDRESSED TO THE COMMISSION, SHALL BE SUBSCRIBED BY THE  APPLICANT,  AND
AFFIRMED  BY  HIM  AS TRUE UNDER THE PENALTIES OF PERJURY, AND SHALL SET
FORTH SUCH FACTS AS THE PROVISIONS HEREOF AND THE RULES AND  REGULATIONS
OF THE COMMISSION MAY REQUIRE.
  (B)  WHEN AN APPLICATION IS MADE FOR A LICENSE UNDER THIS SECTION, THE
COMMISSION MAY CAUSE THE FINGERPRINTS OF  SUCH  APPLICANT,  OR  IF  SUCH
APPLICANT  BE  A CORPORATION, OF THE OFFICERS OF SUCH CORPORATION, OR IF
SUCH APPLICANT BE A LIMITED  LIABILITY  COMPANY,  THE  MANAGER  OF  SUCH
LIMITED  LIABILITY COMPANY TO BE TAKEN IN DUPLICATE. THE APPLICANT SHALL
BE RESPONSIBLE FOR THE COST OF HAVING HIS FINGERPRINTS TAKEN.   IF  SUCH
FINGERPRINTS ARE TAKEN, ONE COPY SHALL BE TRANSMITTED TO THE DIVISION OF
CRIMINAL  JUSTICE  SERVICES IN ACCORDANCE WITH THE RULES AND REGULATIONS
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND  ONE  SHALL  REMAIN  ON
FILE  IN  THE  OFFICE  OF  THE  COMMISSION.  NO  SUCH FINGERPRINT MAY BE
INSPECTED BY ANY PERSON, OTHER THAN A PEACE OFFICER, EXCEPT ON ORDER  OF
A JUDGE OR JUSTICE OF A COURT OF RECORD.  THE DIVISION IS HEREBY AUTHOR-
IZED  TO TRANSMIT CRIMINAL HISTORY INFORMATION TO THE COMMISSION FOR THE
PURPOSES OF THIS PARAGRAPH.  THE INFORMATION OBTAINED BY ANY SUCH  FING-
ERPRINT  EXAMINATION  SHALL BE FOR THE GUIDANCE OF THE COMMISSION IN THE
EXERCISE OF ITS DISCRETION IN GRANTING OR WITHHOLDING THE LICENSE.   THE
COMMISSION SHALL PROVIDE SUCH APPLICANT WITH A COPY OF HIS OR HER CRIMI-
NAL  HISTORY RECORD, IF ANY, TOGETHER WITH A COPY OF ARTICLE 23-A OF THE
CORRECTION LAW, AND INFORM SUCH APPLICANT OF HIS OR HER  RIGHT  TO  SEEK
CORRECTION  OF ANY INCORRECT INFORMATION CONTAINED IN SUCH RECORD PURSU-
ANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF  CRIMI-
NAL  JUSTICE  SERVICES.  ALL  DETERMINATIONS TO ISSUE, RENEW, SUSPEND OR
REVOKE A LICENSE SHALL BE MADE IN  ACCORDANCE  WITH  SUBDIVISION  16  OF
SECTION 296 OF THE EXECUTIVE LAW AND ARTICLE 23-A OF THE CORRECTION LAW.
  9. (A) IF IN THE JUDGMENT OF THE COMMISSION THE FINANCIAL RESPONSIBIL-
ITY,  EXPERIENCE, CHARACTER AND GENERAL FITNESS OF AN APPLICANT, INCLUD-
ING IN THE CASE OF CORPORATIONS ITS OFFICERS AND STOCKHOLDERS, ARE  SUCH
THAT  THE  PARTICIPATION  OF  SUCH APPLICANT WILL BE CONSISTENT WITH THE
BEST INTERESTS OF AMATEUR COMBATIVE SPORTS, THE PURPOSES OF THIS SECTION
INCLUDING THE SAFETY OF AMATEUR COMBATIVE SPORTS  PARTICIPANTS,  AND  IN
THE  PUBLIC  INTEREST,  CONVENIENCE  OR  NECESSITY, THE COMMISSION SHALL
GRANT A LICENSE IN ACCORDANCE WITH  THE  PROVISIONS  CONTAINED  IN  THIS
SUBDIVISION.
  (B) ANY AMATEUR COMBATIVE SPORTS PARTICIPANT APPLYING FOR A LICENSE OR
RENEWAL  OF  A LICENSE UNDER THIS SUBDIVISION SHALL UNDERGO A COMPREHEN-
SIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL AND  NEUROPSY-
CHOLOGICAL  EXAMINATIONS  BY A PHYSICIAN APPROVED BY THE COMMISSION. IF,
AT THE TIME OF SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN  INJU-
RY,  OR  FOR  ANY  OTHER  REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE
AMATEUR COMBATIVE  SPORTS  PARTICIPANT  SHALL  BE  REQUIRED  TO  UNDERGO
FURTHER  NEUROLOGICAL  AND NEUROPSYCHOLOGICAL EXAMINATIONS BY A NEUROLO-
GIST INCLUDING, BUT NOT LIMITED TO, A COMPUTED TOMOGRAPHY  OR  MEDICALLY
EQUIVALENT  PROCEDURE.  THE  COMMISSION  SHALL NOT ISSUE A LICENSE TO AN
AMATEUR  COMBATIVE  SPORTS  PARTICIPANT  UNTIL  SUCH  EXAMINATIONS   ARE

S. 4877                             6

COMPLETED  AND REVIEWED BY THE COMMISSION. THE RESULTS OF ALL SUCH EXAM-
INATIONS HEREIN REQUIRED SHALL BECOME A PART OF  THE  AMATEUR  COMBATIVE
SPORTS  PARTICIPANT'S  PERMANENT  MEDICAL  RECORD  AS  MAINTAINED BY THE
COMMISSION.  THE COST OF ALL SUCH EXAMINATIONS CALLED FOR IN THIS SUBDI-
VISION SHALL BE ASSUMED BY THE STATE IF SUCH EXAMINATIONS ARE  PERFORMED
BY A PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION.
  (C) ANY AMATEUR COMBATIVE SPORTS PARTICIPANT LICENSED UNDER THIS CHAP-
TER  SHALL,  AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY
OF MEDICAL RECORDS RELATING TO TREATMENT OF ANY PHYSICAL CONDITION WHICH
RELATES TO HIS ABILITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED  TO,  AND
ALL  MEDICAL  RECORDS  OF  THE  MEDICAL ADVISORY BOARD OR THE COMMISSION
RELATIVE TO THE PHYSICAL EXAMINATION OR CONDITION OF  AMATEUR  COMBATIVE
SPORTS  PARTICIPANTS SHALL BE CONSIDERED CONFIDENTIAL, AND SHALL BE OPEN
TO EXAMINATION ONLY TO THE COMMISSION OR ITS AUTHORIZED  REPRESENTATIVE,
TO THE LICENSED PARTICIPANT, MANAGER OR CHIEF SECOND UPON WRITTEN APPLI-
CATION  TO  EXAMINE SAID RECORDS, OR UPON THE ORDER OF A COURT OF COMPE-
TENT JURISDICTION IN AN APPROPRIATE CASE.
  10.  NO ENTITY SHALL HAVE, EITHER DIRECTLY OR INDIRECTLY,  ANY  FINAN-
CIAL  INTEREST  IN  AN AMATEUR COMBATIVE SPORTS PARTICIPANT COMPETING ON
PREMISES OWNED OR LEASED BY THE ENTITY,  OR  IN  WHICH  SUCH  ENTITY  IS
OTHERWISE  INTERESTED  EXCEPT  PURSUANT TO THE SPECIFIC WRITTEN AUTHORI-
ZATION OF THE COMMISSION.
  11. NO AMATEUR COMBATIVE SPORTS PARTICIPANT SHALL BE PAID FOR SERVICES
OR RECEIVE ANY FORM OF PECUNIARY GAIN FOR PARTICIPATING IN  ANY  AMATEUR
COMBATIVE SPORTS MATCH OR EXHIBITION.
  12.  NO  LICENSED ENTITY SHALL KNOWINGLY ENGAGE IN A COURSE OF CONDUCT
IN WHICH AMATEUR COMBATIVE SPORTS MATCHES OR  EXHIBITIONS  ARE  ARRANGED
WHERE  ONE AMATEUR COMBATIVE SPORTS PARTICIPANT HAS SKILLS OR EXPERIENCE
SIGNIFICANTLY IN EXCESS OF THE OTHER AMATEUR  COMBATIVE  SPORTS  PARTIC-
IPANT  SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO
THE AMATEUR COMBATIVE SPORTS PARTICIPANT. IF  SUCH  ACTION  OCCURS,  THE
COMMISSION  MAY  EXERCISE  ITS  POWERS  TO DISCIPLINE UNDER SUBDIVISIONS
THIRTEEN AND FOURTEEN OF THIS SECTION.
  13. ANY ENTITY, LICENSED UNDER THE PROVISIONS OF  THIS  SECTION,  THAT
SHALL  KNOWINGLY  VIOLATE  ANY  RULE  OR  ORDER OF THE COMMISSION OR ANY
PROVISION OF THIS SECTION, IN ADDITION  TO  ANY  OTHER  PENALTY  BY  LAW
PRESCRIBED,  SHALL BE LIABLE TO A CIVIL PENALTY NOT EXCEEDING FIVE THOU-
SAND DOLLARS TO BE IMPOSED BY THE COMMISSION, TO  BE  SUED  FOR  BY  THE
ATTORNEY  GENERAL  IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IF
DIRECTED BY THE COMMISSION. THE AMOUNT OF THE PENALTY COLLECTED  BY  THE
COMMISSION  OR  RECOVERED  IN ANY SUCH ACTION, OR PAID TO THE COMMISSION
UPON A COMPROMISE AS HEREINAFTER PROVIDED, SHALL BE TRANSMITTED  BY  THE
DEPARTMENT  OF STATE INTO THE STATE TREASURY AND CREDITED TO THE GENERAL
FUND. THE COMMISSION, FOR CAUSE SHOWN,  MAY  EXTEND  THE  TIME  FOR  THE
PAYMENT  OF  SUCH  PENALTY  AND, BY COMPROMISE, MAY ACCEPT LESS THAN THE
AMOUNT OF SUCH PENALTY AS IMPOSED IN SETTLEMENT THEREOF.
  14. (A) ANY LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION MAY BE
REVOKED OR SUSPENDED BY THE COMMISSION FOR THE  REASON  THEREIN  STATED,
THAT THE LICENSEE HAS, IN THE JUDGMENT OF THE COMMISSION, BEEN GUILTY OF
AN ACT DETRIMENTAL TO THE INTERESTS OF AMATEUR COMBATIVE SPORTS GENERAL-
LY OR TO THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY.
  (B)  WITHOUT  OTHERWISE  LIMITING  THE DISCRETION OF THE COMMISSION AS
PROVIDED IN THIS SECTION, THE COMMISSION MAY SUSPEND OR REVOKE A LICENSE
OR REFUSE TO RENEW OR ISSUE A LICENSE, IF IT SHALL FIND THAT THE  APPLI-
CANT  OR PARTICIPANT: (1) HAS BEEN CONVICTED OF A CRIME IN ANY JURISDIC-
TION; (2) IS ASSOCIATING OR  CONSORTING  WITH  ANY  PERSON  WHO  HAS  OR

S. 4877                             7

PERSONS WHO HAVE BEEN CONVICTED OF A CRIME OR CRIMES IN ANY JURISDICTION
OR  JURISDICTIONS;  (3)  HAS  BEEN  GUILTY  OF OR ATTEMPTED ANY FRAUD OR
MISREPRESENTATION IN  CONNECTION  WITH  COMBATIVE  SPORTS;  OR  (4)  HAS
VIOLATED  OR  ATTEMPTED  TO  VIOLATE  ANY  LAW WITH RESPECT TO COMBATIVE
SPORTS IN ANY JURISDICTION OR ANY  RULE,  REGULATION  OR  ORDER  OF  THE
COMMISSION,  OR  SHALL  HAVE VIOLATED ANY RULE OF COMBATIVE SPORTS WHICH
SHALL HAVE BEEN APPROVED OR ADOPTED BY THE COMMISSION, OR HAS BEEN GUIL-
TY OF OR ENGAGED IN SIMILAR, RELATED OR LIKE PRACTICES.    ALL  DETERMI-
NATIONS  TO  ISSUE,  RENEW, SUSPEND OR REVOKE A LICENSE SHALL BE MADE IN
ACCORDANCE WITH SUBDIVISION 16 OF SECTION 296 OF THE EXECUTIVE  LAW  AND
ARTICLE 23-A OF THE CORRECTION LAW AS APPLICABLE.
  (C)  NO  SUCH  PARTICIPANT  MAY, UNDER ANY   CIRCUMSTANCES, COMPETE OR
APPEAR IN AN AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION WITHIN  NINETY
DAYS  OF  HAVING  SUFFERED  A KNOCKOUT OR TECHNICAL KNOCKOUT IN ANY SUCH
MATCH OR EXHIBITION WITHOUT CLEARANCE BY THE  BOARD,  OR  WITHIN  NINETY
DAYS OF BEING RENDERED UNCONSCIOUS IN ANY SUCH MATCH OR EXHIBITION WHERE
THERE  IS EVIDENCE OF HEAD TRAUMA AS DETERMINED BY THE ATTENDING COMMIS-
SION PHYSICIAN AND SHALL UNDERGO SUCH  EXAMINATIONS  AS  REQUIRED  UNDER
PARAGRAPH  (B)  OF  SUBDIVISION  EIGHTEEN  OF  THIS SECTION. THE AMATEUR
COMBATIVE SPORTS PARTICIPANT SHALL BE CONSIDERED SUSPENDED FROM  AMATEUR
COMBATIVE  SPORTS  MATCHES  OR  EXHIBITIONS  BY THE COMMISSION AND SHALL
FORFEIT HIS LICENSE TO  THE  COMMISSION  DURING  SUCH  PERIOD  AND  SUCH
LICENSE  SHALL  NOT BE RETURNED TO THE PARTICIPANT UNTIL THE PARTICIPANT
HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE,  FOR  REINSTATEMENT  OF
SUCH  LICENSE.  ALL  SUCH  SUSPENSIONS  SHALL BE RECORDED IN THE PARTIC-
IPANT'S LICENSE BY A COMMISSION OFFICIAL.
  (D) THE COMMISSION MAY AT ANY TIME SUSPEND, REVOKE OR DENY  A  PARTIC-
IPANT'S LICENSE FOR MEDICAL REASONS AT THE RECOMMENDATION OF THE BOARD.
  (E)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, IF ANY OTHER STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE OR APPEAR IN A PROFESSIONAL
COMBATIVE SPORTS MATCH OR EXHIBITION IN THAT STATE BASED  ON  A  KNOWING
AND  INTENTIONAL  ENGAGEMENT  IN ANY PROHIBITED PRACTICES OF SUCH STATE,
THE COMMISSION MAY ACT TO REVOKE ANY LICENSE TO COMPETE OR APPEAR IN  AN
AMATEUR  COMBATIVE  SPORTS  MATCH  OR EXHIBITION ISSUED TO SUCH LICENSEE
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (F) THE COMMISSION MAY SUSPEND ANY LICENSE IT HAS ISSUED  BY  A  DATED
NOTICE  TO THAT EFFECT TO THE SUSPENDED LICENSEE, MAILED OR DELIVERED TO
THE LICENSEE, AND SPECIFYING THE EFFECTIVE DATE AND TERM OF THE  SUSPEN-
SION, PROVIDED HOWEVER THAT THE COMMISSION REPRESENTATIVE IN CHARGE OF A
CONTEST OR EXHIBITION MAY THEN AND THERE TEMPORARILY SUSPEND ANY LICENSE
ISSUED  BY  THE COMMISSION WITHOUT SUCH NOTICE. IN THE EVENT OF A TEMPO-
RARY SUSPENSION, THE COMMISSION SHALL MAIL OR DELIVER THE NOTICE TO  THE
SUSPENDED  LICENSEE  WITHIN  THREE  BUSINESS  DAYS  AFTER  THE TEMPORARY
SUSPENSION. IN EITHER CASE SUCH SUSPENSION MAY BE  WITHOUT  ANY  ADVANCE
HEARING.  UPON  THE  RECEIPT OF SUCH NOTICE OF SUSPENSION, THE SUSPENDED
LICENSEE MAY APPLY TO THE COMMISSION FOR A  HEARING  ON  THE  MATTER  TO
DETERMINE  WHETHER SUCH SUSPENSION SHOULD BE RESCINDED. SUCH APPLICATION
FOR A HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE  COMMISSION
WITHIN  THIRTY  DAYS AFTER THE DATE OF NOTICE OF SUSPENSION. THE COMMIS-
SION SHALL HAVE THE AUTHORITY TO REVOKE ANY LICENSE ISSUED BY IT. BEFORE
ANY LICENSE IS SO REVOKED, THE LICENSEE WILL BE OFFERED THE  OPPORTUNITY
AT  A  HEARING  HELD BY OR ON BEHALF OF THE COMMISSION TO SHOW CAUSE WHY
THE LICENSE SHOULD NOT BE REVOKED. THE COMMISSION SHALL OFFER THE OPPOR-
TUNITY FOR A HEARING TO AN  AFFECTED  PERSON  BEFORE  TAKING  ANY  FINAL
ACTION NEGATIVELY AFFECTING SUCH PERSON'S INDIVIDUAL PRIVILEGES OR PROP-
ERTY  GRANTED  BY  A LICENSE DULY ISSUED BY THE COMMISSION OR A CONTRACT

S. 4877                             8

APPROVED BY AND FILED WITH THE COMMISSION. IN ALL SUCH HEARINGS,  LICEN-
SEES  AND OTHER WITNESSES SHALL TESTIFY UNDER OATH OR AFFIRMATION, WHICH
MAY BE ADMINISTERED BY ANY COMMISSIONER OR AUTHORIZED REPRESENTATIVE  OF
THE  COMMISSION ACTUALLY PRESENT. THE COMMISSION SHALL BE THE SOLE JUDGE
OF THE RELEVANCY AND COMPETENCY OF TESTIMONY  AND  OTHER  EVIDENCE,  THE
CREDIBILITY  OF WITNESSES, AND THE SUFFICIENCY OF EVIDENCE. HEARINGS MAY
BE CONDUCTED BY REPRESENTATIVES OF THE COMMISSION IN THE  DISCRETION  OF
THE COMMISSION. IN SUCH CASES, THE COMMISSION REPRESENTATIVES CONDUCTING
THE  HEARING  SHALL  SUBMIT  FINDINGS OF FACT AND RECOMMENDATIONS TO THE
COMMISSION, WHICH SHALL NOT BE BINDING ON THE COMMISSION.
  15. ALL BUILDINGS OR STRUCTURES USED OR INTENDED TO BE USED FOR  HOLD-
ING OR GIVING SUCH AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS SHALL
BE  PROPERLY  VENTILATED  AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES,
AND IN ALL MANNER  CONFORM  TO  THE  LAWS,  ORDINANCES  AND  REGULATIONS
PERTAINING TO BUILDINGS IN THE CITY, TOWN OR VILLAGE WHERE SITUATED.
  16. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY
AMATEUR  COMBATIVE  SPORTS  MATCH  OR  EXHIBITION,  AND  NO PERSON UNDER
SIXTEEN YEARS OF AGE SHALL  BE  PERMITTED  TO  ATTEND  AS  A  SPECTATOR;
PROVIDED,  HOWEVER,  THAT  A  PERSON  UNDER  THE AGE OF SIXTEEN SHALL BE
PERMITTED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDI-
AN.
  17.  (A) NO AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION SHALL BE MORE
THAN THREE ROUNDS IN LENGTH.  NO PARTICIPANT SHALL BE ALLOWED TO PARTIC-
IPATE IN MORE THAN THREE MATCHES OR EXHIBITIONS OR COMPETE FOR MORE THAN
SIXTY MINUTES WITHIN SEVENTY-TWO  CONSECUTIVE  HOURS.    NO  PARTICIPANT
SHALL  BE  ALLOWED  TO  COMPETE  IN ANY SUCH MATCH OR EXHIBITION WITHOUT
WEARING A MOUTHGUARD AND A PROTECTIVE GROIN CUP.  AT EACH AMATEUR COMBA-
TIVE SPORTS MATCH OR EXHIBITION, THERE SHALL BE  IN  ATTENDANCE  A  DULY
LICENSED  REFEREE WHO SHALL DIRECT AND CONTROL THE SAME. BEFORE STARTING
SUCH CONTEST THE REFEREE SHALL ASCERTAIN FROM EACH PARTICIPANT THE  NAME
OF  HIS  MANAGER  OR  CHIEF SECOND, AND SHALL HOLD SUCH MANAGER OR CHIEF
SECOND RESPONSIBLE FOR THE CONDUCT OF HIS ASSISTANT SECONDS  DURING  THE
PROGRESS OF THE MATCH OR EXHIBITION.  THERE SHALL ALSO BE IN ATTENDANCE,
THREE  DULY  LICENSED  JUDGES  WHO SHALL AT THE TERMINATION OF EACH SUCH
AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION RENDER THEIR DECISION.  THE
WINNER OF SUCH MATCH OR EXHIBITION SHALL  BE  DETERMINED  IN  ACCORDANCE
WITH  A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.  PROVIDED, HOWEVER,
THAT A PARTICIPANT MAY TERMINATE THE CONTEST BY SIGNALLING TO THE REFER-
EE THAT SUCH PARTICIPANT SUBMITS TO THE OPPONENT.
  (B) THE COMMISSION MAY BY RULE, REGULATION OR ORDER, REQUIRE THE PRES-
ENCE OF ANY MEDICAL EQUIPMENT AND PERSONNEL AT  EACH  AMATEUR  COMBATIVE
SPORTS  MATCH OR EXHIBITION AS IS NECESSARY OR BENEFICIAL FOR THE SAFETY
AND PROTECTION OF THE CONTESTANTS; AND MAY ALSO REQUIRE THE PRESENCE  OF
AN AMBULANCE OR OTHER APPARATUS AT THE SITE OF ANY SUCH MATCH OR EXHIBI-
TION OR THE PROMULGATION OF AN EMERGENCY MEDICAL PLAN IN LIEU THEREOF.
  (C) THE COMMISSION SHALL PRESCRIBE BY RULE OR REGULATION THE RESPONSI-
BILITIES  OF  MANAGERS,  TRAINERS AND CHIEF SECONDS PRIOR TO, DURING AND
AFTER AN AMATEUR COMBATIVE  SPORTS  MATCH  OR  EXHIBITION  IN  ORDER  TO
PROMOTE THE SAFETY OF THE PARTICIPANTS AT ALL TIMES.
  (D)  THE  COMMISSION  SHALL  REQUIRE  BY  RULE  OR REGULATION THAT ANY
AMATEUR COMBATIVE SPORTS PARTICIPANT LICENSED UNDER THIS SECTION PRESENT
TO A DESIGNATED COMMISSION OFFICIAL, BEFORE EACH MATCH OR EXHIBITION  IN
WHICH  HE FIGHTS IN THIS STATE, A LICENSE WHICH SHALL INCLUDE BUT NOT BE
LIMITED TO THE FOLLOWING INFORMATION: (1) THE PARTICIPANT'S NAME, PHOTO-
GRAPH, SOCIAL SECURITY NUMBER, DATE  OF  BIRTH,  AND  OTHER  IDENTIFYING
INFORMATION;  (2)  THE  PARTICIPANT'S  PRIOR MATCH OR EXHIBITION HISTORY

S. 4877                             9

INCLUDING THE DATES, LOCATION, AND DECISION OF SUCH MATCHES  OR  EXHIBI-
TIONS;  AND (3) THE PARTICIPANT'S MEDICAL HISTORY, RELATING TO ANY PHYS-
ICAL CONDITION, MEDICAL TEST OR PROCEDURE WHICH RELATES TO  HIS  ABILITY
TO FIGHT, AND A RECORD OF ALL MEDICAL SUSPENSIONS.
  18. (A) ALL PARTICIPANTS MUST BE EXAMINED BY A PHYSICIAN DESIGNATED BY
THE  COMMISSION  BEFORE  ENTERING THE RING AND EACH SUCH PHYSICIAN SHALL
IMMEDIATELY FILE WITH THE COMMISSION A WRITTEN REPORT OF  SUCH  EXAMINA-
TION.  THE  COST OF ANY SUCH EXAMINATION, AS PRESCRIBED BY A SCHEDULE OF
FEES ESTABLISHED BY THE COMMISSION, SHALL BE PAID BY THE ENTITY CONDUCT-
ING THE MATCH OR EXHIBITION TO THE COMMISSION, WHICH SHALL THEN PAY  THE
FEE  COVERING  SUCH  COST TO THE EXAMINING PHYSICIAN, IN ACCORDANCE WITH
THE RULES OF THE COMMISSION.
  (B) ANY AMATEUR COMBATIVE SPORTS  PARTICIPANT  LICENSED  OR  PERMITTED
UNDER  THIS  SECTION  RENDERED  UNCONSCIOUS  OR SUFFERING HEAD TRAUMA AS
DETERMINED BY THE ATTENDING PHYSICIAN SHALL BE IMMEDIATELY  EXAMINED  BY
THE  ATTENDING  COMMISSION  PHYSICIAN  AND  SHALL BE REQUIRED TO UNDERGO
NEUROLOGICAL  AND  NEUROPSYCHOLOGICAL  EXAMINATIONS  BY  A   NEUROLOGIST
INCLUDING  BUT  NOT LIMITED TO A COMPUTED TOMOGRAPHY OR MEDICALLY EQUIV-
ALENT PROCEDURE. ANY PARTICIPANT SO INJURED  SHALL  NOT  APPEAR  IN  ANY
MATCH  OR  EXHIBITION UNTIL RESULTS OF SUCH EXAMINATIONS ARE REVIEWED BY
THE COMMISSION. THE RESULTS OF ALL  SUCH  EXAMINATIONS  HEREIN  REQUIRED
SHALL  BECOME  A  PART OF THE PARTICIPANT'S PERMANENT MEDICAL RECORDS AS
MAINTAINED BY THE COMMISSION AND SHALL BE  USED  BY  THE  COMMISSION  TO
DETERMINE  WHETHER  A  PARTICIPANT  SHALL  BE PERMITTED TO APPEAR IN ANY
FUTURE AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION.  THE COSTS  OF  ALL
SUCH  EXAMINATIONS  CALLED FOR IN THIS PARAGRAPH SHALL BE ASSUMED BY THE
ENTITY OR PROMOTER IF SUCH EXAMINATIONS ARE  PERFORMED  BY  A  PHYSICIAN
APPROVED BY THE COMMISSION.
  (C)  THE  COMMISSION  MAY  AT ANY TIME REQUIRE A LICENSED OR PERMITTED
PARTICIPANT TO UNDERGO A PHYSICAL EXAMINATION, INCLUDING ANY  NEUROLOGI-
CAL OR NEUROPSYCHOLOGICAL TEST OR PROCEDURE. THE COST OF SUCH EXAM SHALL
BE ASSUMED BY THE STATE.
  19.  (A)  IT  SHALL BE THE DUTY OF EVERY ENTITY LICENSED TO CONDUCT AN
AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION, TO HAVE IN  ATTENDANCE  AT
EVERY  MATCH  OR  EXHIBITION  AT  LEAST  ONE PHYSICIAN DESIGNATED BY THE
COMMISSION AS THE RULES SHALL PROVIDE. THE COMMISSION  MAY  ESTABLISH  A
SCHEDULE  OF  FEES  TO BE PAID BY THE LICENSEE TO COVER THE COST OF SUCH
ATTENDANCE. SUCH FEES SHALL BE PAID TO THE COMMISSION, WHICH SHALL  THEN
PAY SUCH FEES TO THE PHYSICIANS ENTITLED THERETO, IN ACCORDANCE WITH THE
RULES OF THE COMMISSION.
  (B)  THE  PHYSICIAN SHALL TERMINATE ANY AMATEUR COMBATIVE SPORTS MATCH
OR EXHIBITION IF IN THE OPINION OF SUCH PHYSICIAN  ANY  PARTICIPANT  HAS
RECEIVED  SEVERE  PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJURY.
IN THE EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL  IMME-
DIATELY  RENDER  ANY  EMERGENCY  TREATMENT  NECESSARY, RECOMMEND FURTHER
TREATMENT OR HOSPITALIZATION IF REQUIRED, AND FULLY  REPORT  THE  ENTIRE
MATTER  TO  THE  COMMISSION  WITHIN  TWENTY-FOUR HOURS AND IF NECESSARY,
SUBSEQUENTLY THEREAFTER.  SUCH  PHYSICIAN  MAY  ALSO  REQUIRE  THAT  THE
INJURED  PARTICIPANT  AND HIS MANAGER OR CHIEF SECOND REMAIN IN THE RING
OR ON THE PREMISES OR REPORT TO A HOSPITAL AFTER THE  CONTEST  FOR  SUCH
PERIOD OF TIME AS SUCH PHYSICIAN DEEMS ADVISABLE.
  (C)  SUCH  PHYSICIAN  MAY ENTER THE RING AT ANY TIME DURING AN AMATEUR
COMBATIVE SPORTS MATCH OR EXHIBITION AND  MAY  TERMINATE  THE  MATCH  OR
EXHIBITION  IF  IN  HIS  OPINION THE SAME IS NECESSARY TO PREVENT SEVERE
PUNISHMENT OR SERIOUS PHYSICAL INJURY TO A PARTICIPANT.

S. 4877                            10

  20. (A) ALL ENTITIES HAVING LICENSES AS PROMOTERS  SHALL  CONTINUOUSLY
PROVIDE  INSURANCE  FOR  THE  PROTECTION  OF  LICENSED AMATEUR COMBATIVE
SPORTS PARTICIPANTS, APPEARING IN AMATEUR COMBATIVE  SPORTS  MATCHES  OR
EXHIBITIONS.  SUCH INSURANCE COVERAGE SHALL PROVIDE FOR REIMBURSEMENT TO
THE  LICENSED  ATHLETE  FOR  MEDICAL, SURGICAL AND HOSPITAL CARE, WITH A
MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS  FOR  INJURIES  SUSTAINED  WHILE
PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE CONTROL OF SUCH LICENSED
PROMOTER AND FOR A PAYMENT OF ONE HUNDRED THOUSAND DOLLARS TO THE ESTATE
OF  ANY  DECEASED  ATHLETE  WHERE  SUCH  DEATH IS OCCASIONED BY INJURIES
RECEIVED DURING THE COURSE OF  A  MATCH  OR  EXHIBITION  IN  WHICH  SUCH
LICENSED  ATHLETE  PARTICIPATED  UNDER  THE  PROMOTION OR CONTROL OF ANY
LICENSED PROMOTER.   THE COMMISSION  MAY  FROM  TIME  TO  TIME,  IN  ITS
DISCRETION, INCREASE THE AMOUNT OF SUCH MINIMUM LIMITS.
  (B)  THE  FAILURE  TO PAY PREMIUMS ON SUCH INSURANCE AS IS REQUIRED BY
PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE CAUSE FOR THE  SUSPENSION  OR
THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING PROMOTER.
  21.  (A)  JUDGES  FOR ANY AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION
UNDER THE JURISDICTION OF  THE  COMMISSION  SHALL  BE  SELECTED  BY  THE
COMMISSION  FROM  A  LIST OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE
COMMISSION.
  (B) ANY AMATEUR COMBATIVE SPORT PARTICIPANT, MANAGER OR  CHIEF  SECOND
MAY  PROTEST  THE  ASSIGNMENT  OF A JUDGE TO AN AMATEUR COMBATIVE SPORTS
MATCH OR EXHIBITION AND THE PROTESTING AMATEUR COMBATIVE SPORTS  PARTIC-
IPANT,  MANAGER  OR  CHIEF  SECOND MAY BE HEARD BY THE COMMISSION OR ITS
DESIGNEE IF SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT  SHALL
BE SUMMARILY REJECTED.
  (C)  EACH  PERSON  SEEKING TO BE LICENSED AS A JUDGE BY THE COMMISSION
SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF  AN  EYE  EXAMINATION
AND  ANNUALLY  THEREAFTER  ON  THE  ANNIVERSARY  OF  THE ISSUANCE OF THE
LICENSE. EACH PERSON SEEKING TO BE AN AMATEUR COMBATIVE SPORTS JUDGE  IN
THE  STATE  SHALL BE CERTIFIED AS HAVING COMPLETED A TRAINING PROGRAM AS
APPROVED BY THE COMMISSION AND SHALL HAVE PASSED A  WRITTEN  EXAMINATION
APPROVED  BY THE COMMISSION COVERING ASPECTS OF AMATEUR COMBATIVE SPORTS
INCLUDING, BUT NOT LIMITED TO, THE RULES OF THE SPORT, THE  LAW  OF  THE
STATE  RELATING  TO  THE COMMISSION, AND BASIC FIRST AID. THE COMMISSION
SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS TO KEEP LICENSEES  CURRENT
ON AREAS OF REQUIRED KNOWLEDGE.
  (D)  EACH  PERSON  SEEKING A LICENSE TO BE AN AMATEUR COMBATIVE SPORTS
JUDGE IN THIS STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL  QUESTION-
NAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE JUDGE'S
FINANCIAL  SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE COMMIS-
SION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED  BY  THE
COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR POTEN-
TIAL  CONFLICTS  OF  INTEREST  AS WELL AS APPEARANCES OF SUCH CONFLICTS,
INCLUDING FINANCIAL RESPONSIBILITY.  WITHIN  FORTY-EIGHT  HOURS  OF  ANY
AMATEUR  COMBATIVE  SPORTS  MATCH  OR  EXHIBITION, EACH COMBATIVE SPORTS
JUDGE SHALL FILE WITH THE COMMISSION A FINANCIAL DISCLOSURE STATEMENT IN
SUCH FORM AND MANNER AS SHALL BE ACCEPTABLE TO THE COMMISSION.
  (E) ONLY A PERSON LICENSED BY THE  COMMISSION  MAY  JUDGE  AN  AMATEUR
COMBATIVE SPORTS MATCH OR EXHIBITION.
  22.  THE  WEIGHTS  AND CLASSES OF AMATEUR COMBATIVE SPORT PARTICIPANTS
AND THE RULES AND REGULATIONS  OF  AMATEUR  COMBATIVE  SPORTS  SHALL  BE
PRESCRIBED BY THE COMMISSION.
  23. NO AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION OR TRAINING ACTIV-
ITY  SHALL BE PERMITTED IN ANY RING OR FIGHTING AREA UNLESS SUCH RING OR
FIGHTING AREA HAS BEEN INSPECTED AND APPROVED  BY  THE  COMMISSION.  THE

S. 4877                            11

COMMISSION SHALL PRESCRIBE STANDARD ACCEPTABLE SIZE AND QUALITY REQUIRE-
MENTS FOR RINGS OR FIGHTING AREAS AND APPURTENANCES THERETO.
  24.  ANY  ENTITY  WHO  INTENTIONALLY, DIRECTLY OR INDIRECTLY CONDUCTS,
HOLDS OR GIVES AN  AMATEUR  COMBATIVE  SPORTS  MATCH  OR  EXHIBITION  OR
PARTICIPATES  EITHER DIRECTLY OR INDIRECTLY IN ANY SUCH MATCH OR EXHIBI-
TION AS A REFEREE, JUDGE, CORPORATION  TREASURER  OR  AMATEUR  COMBATIVE
SPORTS PARTICIPANT, WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE
OR  PERMIT  AS PRESCRIBED IN THIS SECTION SHALL BE GUILTY OF A MISDEMEA-
NOR.
  S 3. Section 6 of chapter 912 of the laws  of  1920  relating  to  the
regulation  of boxing, sparring and wrestling, as amended by chapter 437
of the laws of 2002 and subdivision 1 as designated and subdivision 2 as
added by chapter 673 of the laws of 2003, is amended to read as follows:
  S 6. Jurisdiction of commission. 1.  The  commission  shall  have  and
hereby is vested with the sole direction, management, control and juris-
diction  over  all  such  boxing  and sparring matches or exhibitions OR
AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS to be conducted, held or
given within the state of New York and over all licenses to any and  all
persons  who  participate  in such boxing or sparring matches or exhibi-
tions OR AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS  and  over  any
and  all  gyms, clubs, training camps and other organizations that main-
tain training facilities providing  contact  sparring  for  persons  who
prepare  for participation in such boxing or sparring matches or exhibi-
tions OR AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS, and  over  the
promotion  of  professional  wrestling  exhibitions OR AMATEUR COMBATIVE
SPORTS MATCHES OR EXHIBITIONS to the extent provided for in sections  5,
9,  19,  20, 28-a, 28-b and 33 of this act, except as otherwise provided
in this act.
  2. The commission is authorized and directed to require that all sites
wherein boxing,  sparring  and  wrestling  matches  and  exhibitions  OR
AMATEUR  COMBATIVE  SPORTS  MATCHES  OR  EXHIBITIONS are conducted shall
comply with state and applicable local  sanitary  codes  appropriate  to
school athletic facilities.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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