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

                                 5055--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation --  recommitted  to  the  Committee  on  Cultural
  Affairs,  Tourism, Parks and Recreation in accordance with Senate Rule
  6, sec. 8 -- 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; and in relation to  establishing  the  New  York
  mixed  martial arts injury compensation fund, inc.; to amend the work-
  ers' compensation law, in relation to benefits secured by the New York
  mixed martial arts injury compensation fund; 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 wrestl-
  ing match or exhibition, or professional  combative  sports  match  or
  exhibition; and providing for the repeal of such provisions upon expi-
  ration thereof

  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
PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANTS including, without limita-
tion, pre-fight and/or post-fight examinations and  periodic  comprehen-
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.
                                                           LBD10672-05-4
              

S. 5055--A                          2

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 PROFESSIONAL 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 examinations 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
and  sparring  matches  or  exhibitions OR PROFESSIONAL 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 PROFESSIONAL COMBA-
TIVE 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 PROFESSIONAL
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 PROFESSIONAL  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 PROFESSIONAL COMBATIVE SPORTS
PARTICIPANTS.
  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 professional match or exhibi-
tion other than boxing, sparring, wrestling or martial arts wherein  the
contestants deliver, or are not forbidden by the applicable rules there-
of 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 COMMIS-
SION, INCLUDING, BUT NOT LIMITED TO, any of the following organizations:
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,  Professional
Karate  Association,  Karate  International, International Kenpo Associ-
ation, or World Wide Kenpo Association. The  commission  [is  authorized
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

S. 5055--A                          3

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 CHAPTER OR AN AGENT OF THE COMMISSION  ACTING  ON
ITS BEHALF.
  (D)  "MIXED  MARTIAL  ARTS"  MEANS  ANY  PROFESSIONAL COMBATIVE SPORTS
COMPETITION WHEREIN THE RULES OF SUCH COMPETITION SUBJECT TO THE  APPLI-
CABLE  LIMITATIONS AS SET FORTH BY THE COMMISSION AUTHORIZE PROFESSIONAL
COMBATIVE SPORTS MATCHES OR EXHIBITIONS BETWEEN VARIOUS FIGHTING  DISCI-
PLINES,  INCLUDING THE UTILIZATION OF PERMITTED MARTIAL ARTS TECHNIQUES,
INCLUDING  STRIKING,  KICKING  AND  GRAPPLING.  NO  NON-PROFESSIONAL  OR
AMATEUR  BOUT,  EXHIBITION  OR  PARTICIPANT  SHALL BE AUTHORIZED BY THIS
SECTION.
  (E) "PROFESSIONAL COMBATIVE SPORTS PARTICIPANT" OR "PARTICIPANT" SHALL
MEAN A COMBATIVE SPORTS FIGHTER WHO COMPETES FOR A MONEY PRIZE OR TEACH-
ES OR PURSUES OR ASSISTS IN THE PRACTICE OF  MIXED  MARTIAL  ARTS  AS  A
MEANS  OF  OBTAINING  A  LIVELIHOOD  OR  PECUNIARY GAIN, AND ANY CONTEST
CONFORMING TO THE RULES, REGULATIONS AND REQUIREMENTS OF THIS SECTION.
  (F) "PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION" SHALL MEAN ANY
MATCH OR EXHIBITION THAT  MUST  BE  APPROVED  BY  THE  COMMISSION  WHERE
PROFESSIONAL  COMBATIVE SPORTS PARTICIPANTS RECEIVE CONSIDERATION OF ANY
VALUE OR AN ADMISSION IS CHARGED.
  1-A. COMMISSION REVIEW. THE COMMISSION SHALL REVIEW EACH MARTIAL  ARTS
SANCTIONING  ORGANIZATION,  INCLUDING THOSE LISTED IN SUBDIVISION ONE OF
THIS SECTION, AT LEAST BIENNIALLY, OR  SOONER  IF  DETERMINED  NECESSARY
BASED  UPON  THE PERIODIC COMPLIANCE CHECKS OR COMPLAINTS TO THE COMMIS-
SION, TO  DETERMINE  CONTINUATION  OF  THE  COMMISSION'S  APPROVAL.  THE
COMMISSION  SHALL  CONTINUE APPROVAL OR SHALL SUSPEND OR REVOKE APPROVAL
BASED UPON COMPLIANCE OF THE ORGANIZATION WITH THE APPROVED  SANCTIONING
STANDARDS  AND  ITS  ABILITY  TO  SUPERVISE  MATCHES IN THE STATE.   THE
COMMISSION SHALL ACT UPON ANY APPLICATION FOR INCLUSION IN THE  LIST  IN
PARAGRAPH  (B)  OF  SUBDIVISION ONE OF THIS SECTION WITHIN SIXTY DAYS OF
THE DATE SUCH APPLICATION IS MADE TO THE COMMISSION.
  1-B. MIXED MARTIAL ARTS COMPETITION. (A) THE COMMISSION SHALL  PROMUL-
GATE  RULES AND REGULATIONS TO ALLOW FOR MIXED MARTIAL ARTS COMPETITIONS
TO BE CONDUCTED, HELD, OR GIVEN WITHIN THE STATE OF NEW YORK  AND  SHALL
ALLOW  FOR LICENSES TO BE APPROVED BY THE COMMISSION FOR SUCH MATCHES OR
EXHIBITIONS. THE COMMISSION IS AUTHORIZED TO PROMULGATE RULES AND  REGU-
LATIONS  TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION. SUCH RULES AND
REGULATIONS SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  THE  ADOPTION  OF
UNIFIED RULES OF MIXED MARTIAL ARTS, A LICENSING PROCESS FOR MATCHES AND
EXHIBITIONS,  A  FEE SCHEDULE FOR SUCH LICENSES, PROCEDURES TO ALLOW FOR
THE PARTICIPATION, PROMOTION, AND ADVANCEMENT OF SUCH EVENTS, THE HEALTH
AND SAFETY OF PARTICIPANTS, AND THE BEST INTERESTS OF MIXED MARTIAL ARTS
AND THE ADOPTION OF RULES AND REGULATIONS FOR LICENSING  AND  REGULATION
OF  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 PROFESSIONAL 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 PROFESSIONAL COMBATIVE SPORTS ARE CONDUCTED  SHALL  COMPLY
WITH  STATE  AND  APPLICABLE  LOCAL SANITARY CODES APPROPRIATE TO SCHOOL
ATHLETIC FACILITIES.

S. 5055--A                          4

  2. [No 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 combative
sport activity shall be guilty of a class A misdemeanor,  and  shall  be
guilty of a class E felony if he or she has been convicted in the previ-
ous five years of violating this subdivision.
  (b)  A  person  advances a combative sport activity when, acting other
than as a spectator, he or she engages in conduct which materially  aids
any combative sport. Such conduct includes but is not limited to conduct
directed  toward  the creation, establishment or performance of a comba-
tive sport, toward the acquisition or maintenance of premises, parapher-
nalia, equipment or  apparatus  therefor,  toward  the  solicitation  or
inducement of persons to attend or participate therein, toward the actu-
al  conduct of the performance thereof, toward the arrangement of any of
its financial or promotional phases, or toward  any  other  phase  of  a
combative  sport.  One  advances a combative sport activity when, having
substantial proprietary or other  authoritative  control  over  premises
being  used  with his or her knowledge for purposes of a 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 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  agree-
ment  or understanding with any person whereby he or she participates or
is to participate in the proceeds of a combative sport activity.
  (d) Any person who knowingly advances  or  profits  from  a  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 penalties and to obtain
injunctive relief to enforce the provisions of  this  section.]  PROFES-
SIONAL COMBATIVE SPORTS MATCHES AND EXHIBITIONS AUTHORIZED. NO 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 REPRESENTATIVE TO BE PRESENT AT EACH PLACE
WHERE COMBATIVE SPORTS ARE TO BE HELD PURSUANT TO THE PROVISIONS OF THIS
SECTION.  SUCH  REPRESENTATIVE  SHALL  ASCERTAIN  THE  EXACT  CONDITIONS
SURROUNDING  SUCH  MATCH  OR EXHIBITION AND MAKE A WRITTEN REPORT OF THE
SAME IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION. SUCH 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 RELIGIOUS SERVICES.
  3. JURISDICTION OF COMMISSION. (A) THE COMMISSION SHALL HAVE AND HERE-
BY IS VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND  JURISDIC-
TION OVER ALL PROFESSIONAL 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 COMBATIVE SPORTS
MATCHES OR EXHIBITIONS AND OVER ANY AND ALL GYMS, CLUBS, TRAINING  CAMPS
AND  OTHER  ORGANIZATIONS  THAT  MAINTAIN  TRAINING FACILITIES PROVIDING

S. 5055--A                          5

CONTACT SPARRING FOR PERSONS  WHO  PREPARE  FOR  PARTICIPATION  IN  SUCH
PROFESSIONAL  COMBATIVE  SPORTS  OR  EXHIBITIONS,  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS SECTION.
  (B)  THE  COMMISSION  IS  AUTHORIZED  AND DIRECTED TO REQUIRE THAT ALL
SITES WHEREIN PROFESSIONAL COMBATIVE SPORTS ARE CONDUCTED  SHALL  COMPLY
WITH  STATE  AND  APPLICABLE  LOCAL SANITARY CODES APPROPRIATE TO SCHOOL
ATHLETIC FACILITIES.
  4. ENTITIES  REQUIRED  TO  PROCURE  LICENSES;  PROFESSIONAL  COMBATIVE
SPORTS PARTICIPANTS DEFINED. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
SIX OF THIS SECTION, ALL CORPORATIONS, PERSONS, LIMITED LIABILITY COMPA-
NIES,  REFEREES,  JUDGES, CORPORATION TREASURERS, PROFESSIONAL COMBATIVE
SPORTS PARTICIPANTS,  THEIR  MANAGERS,  PROMOTERS,  TRAINERS  AND  CHIEF
SECONDS SHALL BE LICENSED BY THE COMMISSION, AND NO SUCH ENTITY SHALL BE
PERMITTED  TO PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY PROFES-
SIONAL 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, MANAGERS, PROMOTERS, TRAINERS AND CHIEF
SECONDS.  ANY MATCH OR EXHIBITION CONFORMING TO THE  RULES,  REGULATIONS
AND  REQUIREMENTS  OF  THIS SECTION SHALL BE DEEMED TO BE A PROFESSIONAL
COMBATIVE SPORTS MATCH OR EXHIBITION.
  5. LICENSE TO ENTITIES. (A) THE COMMISSION  MAY,  IN  ITS  DISCRETION,
ISSUE A LICENSE TO CONDUCT OR HOLD PROFESSIONAL COMBATIVE SPORTS MATCHES
OR  EXHIBITIONS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON, CORPO-
RATION OR LIMITED LIABILITY COMPANY DULY INCORPORATED OR FORMED, HEREIN-
AFTER 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 OF 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.
  6. TEMPORARY WORKING PERMITS FOR PROFESSIONAL COMBATIVE SPORTS PARTIC-
IPANTS, MANAGERS, TRAINERS AND CHIEF SECONDS. THE COMMISSION  MAY  ISSUE
TEMPORARY WORKING PERMITS TO PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS,
THEIR  MANAGERS,  TRAINERS AND CHIEF SECONDS. A TEMPORARY WORKING PERMIT
SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER OF SUCH PERMIT TO ENGAGE IN
A SINGLE MATCH OR EXHIBITION AT A SPECIFIED TIME AND PLACE. A  TEMPORARY
WORKING  PERMIT  MAY  BE ISSUED IF IN THE JUDGMENT OF THE COMMISSION THE
PARTICIPATION OF THE HOLDER THEREOF IN A PROFESSIONAL  COMBATIVE  SPORTS
MATCH  OR EXHIBITION WILL BE CONSISTENT WITH THE PURPOSES AND PROVISIONS
OF THIS SECTION, THE BEST INTERESTS OF COMBATIVE SPORTS  GENERALLY,  AND
THE  PUBLIC  INTEREST,  CONVENIENCE  OR  NECESSITY.  THE  COMMISSION MAY
REQUIRE THAT PROFESSIONAL COMBATIVE  SPORTS  PARTICIPANTS  APPLYING  FOR
TEMPORARY  WORKING  PERMITS UNDERGO A PHYSICAL EXAMINATION, NEUROLOGICAL
OR NEUROPSYCHOLOGICAL TEST OR PROCEDURE, INCLUDING  COMPUTED  TOMOGRAPHY

S. 5055--A                          6

OR  MEDICALLY  EQUIVALENT  PROCEDURE. THE FEE FOR SUCH TEMPORARY WORKING
PERMIT SHALL BE TWENTY DOLLARS.
  7.  LICENSE  FEES;  TERM  OF  LICENSES; RENEWALS. 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;  PROFESSIONAL
COMBATIVE  SPORTS  PARTICIPANTS, FIFTY DOLLARS; MANAGERS, FIFTY DOLLARS;
TRAINERS, FIFTY DOLLARS; AND CHIEF SECONDS, FORTY DOLLARS. EACH  LICENSE
OR RENEWAL THEREOF ISSUED PURSUANT TO THIS SUBDIVISION ON OR AFTER OCTO-
BER  FIRST SHALL BE EFFECTIVE FOR A LICENSE YEAR EXPIRING ON THE THIRTI-
ETH 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  APPLICA-
TION  IS MADE THEREFOR, AND EACH SUCH LICENSE MAY BE RENEWED FOR 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,  UNFOR-
FEITED  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.  APPLICATION FOR LICENSE; FINGERPRINTS. (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
TWENTY-THREE-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 PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES.  ALL DETERMINATIONS TO ISSUE,
RENEW, SUSPEND OR REVOKE A LICENSE SHALL  BE  MADE  IN  ACCORDANCE  WITH

S. 5055--A                          7

SUBDIVISION  SIXTEEN  OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE
LAW AND ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  9.  STANDARDS  FOR THE ISSUANCE OF LICENSES. (A) IF IN THE JUDGMENT OF
THE COMMISSION THE FINANCIAL RESPONSIBILITY, EXPERIENCE,  CHARACTER  AND
GENERAL  FITNESS  OF AN APPLICANT, INCLUDING 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 COMBATIVE
SPORTS, THE PURPOSES OF THIS SECTION INCLUDING  THE  SAFETY  OF  PROFES-
SIONAL  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  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT  APPLYING FOR A
LICENSE OR RENEWAL OF A LICENSE UNDER THIS SUBDIVISION SHALL  UNDERGO  A
COMPREHENSIVE  PHYSICAL  EXAMINATION INCLUDING CLINICAL NEUROLOGICAL AND
NEUROPSYCHOLOGICAL EXAMINATIONS BY A PHYSICIAN APPROVED BY  THE  COMMIS-
SION.  IF,  AT  THE TIME OF SUCH EXAMINATION, THERE IS ANY INDICATION OF
BRAIN INJURY, OR FOR ANY OTHER REASON THE PHYSICIAN DEEMS  IT  APPROPRI-
ATE,  THE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT SHALL BE REQUIRED TO
UNDERGO FURTHER NEUROLOGICAL AND NEUROPSYCHOLOGICAL  EXAMINATIONS  BY  A
NEUROLOGIST  INCLUDING,  BUT  NOT  LIMITED  TO, A COMPUTED TOMOGRAPHY OR
MEDICALLY EQUIVALENT PROCEDURE. THE COMMISSION SHALL NOT ISSUE A LICENSE
TO A PROFESSIONAL COMBATIVE SPORTS PARTICIPANT UNTIL  SUCH  EXAMINATIONS
ARE  COMPLETED  AND  REVIEWED BY THE COMMISSION. THE RESULTS OF ALL SUCH
EXAMINATIONS HEREIN REQUIRED SHALL BECOME A  PART  OF  THE  PROFESSIONAL
COMBATIVE SPORTS PARTICIPANT'S PERMANENT MEDICAL RECORD AS MAINTAINED BY
THE  COMMISSION.  THE  COST  OF ALL SUCH EXAMINATIONS CALLED FOR IN THIS
SUBDIVISION SHALL BE ASSUMED BY  THE  STATE  IF  SUCH  EXAMINATIONS  ARE
PERFORMED BY A PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION.
  (C)  ANY PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED UNDER THIS
CHAPTER SHALL, AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFIDENTIAL-
ITY 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  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 APPLICA-
TION TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A COURT OF  COMPETENT
JURISDICTION IN AN APPROPRIATE CASE.
  10.  FINANCIAL  INTEREST IN PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS
PROHIBITED. NO ENTITY SHALL HAVE, EITHER  DIRECTLY  OR  INDIRECTLY,  ANY
FINANCIAL  INTEREST  IN  A  PROFESSIONAL  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
AUTHORIZATION OF THE COMMISSION.
  11. PAYMENTS NOT TO BE MADE BEFORE CONTESTS. NO PROFESSIONAL COMBATIVE
SPORTS PARTICIPANT SHALL BE PAID FOR SERVICES BEFORE  THE  CONTEST,  AND
SHOULD  IT BE DETERMINED BY THE COMMISSION THAT SUCH PARTICIPANT DID NOT
GIVE AN HONEST EXHIBITION OF HIS SKILL, SUCH SERVICE SHALL NOT  BE  PAID
FOR.
  12.  SHAM  OR  COLLUSIVE  EVENTS. (A) ANY PERSON, INCLUDING ANY CORPO-
RATION AND THE OFFICERS THEREOF, ANY PHYSICIAN, LIMITED LIABILITY COMPA-
NY, REFEREE, JUDGE, PROFESSIONAL COMBATIVE SPORTS PARTICIPANT,  MANAGER,
TRAINER OR CHIEF SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE
IN  ANY SHAM OR COLLUSIVE PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBI-
TION, SHALL BE DEPRIVED OF HIS LICENSE BY THE COMMISSION.

S. 5055--A                          8

  (B) NO LICENSED ENTITY SHALL KNOWINGLY ENGAGE IN A COURSE  OF  CONDUCT
IN  WHICH  PROFESSIONAL  COMBATIVE  SPORTS  MATCHES  OR  EXHIBITIONS ARE
ARRANGED WHERE ONE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT HAS  SKILLS
OR  EXPERIENCE  SIGNIFICANTLY IN EXCESS OF THE OTHER PROFESSIONAL COMBA-
TIVE SPORTS PARTICIPANT SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF
PHYSICAL  HARM TO THE PROFESSIONAL COMBATIVE SPORTS PARTICIPANT. IF SUCH
ACTION OCCURS, THE COMMISSION MAY  EXERCISE  ITS  POWERS  TO  DISCIPLINE
UNDER  SUBDIVISIONS THIRTEEN AND FOURTEEN OF THIS SECTION, PROVIDED THAT
NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE THE COMMISSION TO  INTERVENE
OR  PROHIBIT  A PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION SOLELY
ON THE BASIS OF THE DIFFERENCE BETWEEN RESPECTIVE PARTICIPANT'S  MARTIAL
ARTS DISCIPLINES.
  13. IMPOSITION OF PENALTIES FOR VIOLATIONS. 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 THOUSAND 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. REVOCATION OR SUSPENSION OF LICENSES. (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 COMBATIVE SPORTS  GENERALLY  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
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; (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 GUILTY OF OR  ENGAGED
IN  SIMILAR, RELATED OR LIKE PRACTICES; OR (5) HAS NOT ACTED IN THE BEST
INTEREST OF MIXED MARTIAL ARTS.   ALL DETERMINATIONS  TO  ISSUE,  RENEW,
SUSPEND OR REVOKE A LICENSE SHALL BE MADE IN ACCORDANCE WITH SUBDIVISION
SIXTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTI-
CLE TWENTY-THREE-A OF THE CORRECTION LAW AS APPLICABLE.
  (C)  NO  SUCH  PARTICIPANT  MAY, UNDER ANY   CIRCUMSTANCES, COMPETE OR
APPEAR IN A PROFESSIONAL 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 NINE-
TY DAYS OF BEING RENDERED UNCONSCIOUS IN ANY SUCH  MATCH  OR  EXHIBITION
WHERE  THERE  IS  EVIDENCE OF HEAD TRAUMA AS DETERMINED BY THE ATTENDING
COMMISSION PHYSICIAN AND SHALL UNDERGO  SUCH  EXAMINATIONS  AS  REQUIRED

S. 5055--A                          9

UNDER  PARAGRAPH  (B) OF SUBDIVISION TWENTY OF THIS SECTION. THE PROFES-
SIONAL COMBATIVE SPORTS PARTICIPANT SHALL BE CONSIDERED  SUSPENDED  FROM
PROFESSIONAL  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  PARTIC-
IPANT 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  OR TEMPORARY WORKING PERMIT 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 A
PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION ISSUED TO SUCH  LICEN-
SEE 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
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.  ADVERTISING MATTER TO STATE ADMISSION PRICE. IT SHALL BE THE DUTY
OF EVERY ENTITY PROMOTING OR CONDUCTING A PROFESSIONAL COMBATIVE  SPORTS
MATCH  OR  EXHIBITION SUBJECT TO THE PROVISIONS OF THIS SECTION TO CAUSE
TO BE INSERTED IN EACH SHOW CARD, BILL, POSTER, NEWSPAPER  ADVERTISEMENT
OF  ANY  PROFESSIONAL  COMBATIVE SPORTS MATCH OR EXHIBITION GIVEN BY IT,
THE PRICE OF ADMISSION THERETO. VIOLATION  OF  THE  PROVISIONS  OF  THIS
SUBDIVISION SHALL SUBJECT THE ENTITY TO A FINE OF ONE HUNDRED DOLLARS.

S. 5055--A                         10

  16.  TICKETS  TO  INDICATE PURCHASE PRICE. ALL TICKETS OF ADMISSION TO
ANY SUCH COMBATIVE SPORTS MATCH OR EXHIBITION SHALL BE CONTROLLED BY THE
PROVISIONS OF ARTICLE TWENTY-FIVE OF THE ARTS AND CULTURAL AFFAIRS  LAW.
IT SHALL BE UNLAWFUL FOR ANY ENTITY TO ADMIT TO SUCH MATCH OR EXHIBITION
A  NUMBER OF PEOPLE GREATER THAN THE SEATING CAPACITY OF THE PLACE WHERE
SUCH MATCH OR EXHIBITION IS HELD. VIOLATION OF THIS SUBDIVISION SHALL BE
A MISDEMEANOR AND SHALL BE PUNISHABLE AS  SUCH  AND  IN  ADDITION  SHALL
INCUR FORFEITURE OF LICENSE.
  17.  EQUIPMENT  OF BUILDINGS FOR MATCHES OR EXHIBITIONS. ALL BUILDINGS
OR STRUCTURES USED OR INTENDED TO BE USED FOR  HOLDING  OR  GIVING  SUCH
PROFESSIONAL  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.
  18. AGE OF PARTICIPANTS AND SPECTATORS.  NO PERSON UNDER  THE  AGE  OF
EIGHTEEN  YEARS  SHALL  PARTICIPATE IN ANY PROFESSIONAL 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 GUARDIAN.
  19.  REGULATION  OF  CONDUCT OF MATCHES OR EXHIBITIONS. (A) EXCEPT FOR
CHAMPIONSHIP MATCHES, WHICH SHALL NOT  BE  MORE  THAN  FIVE  ROUNDS,  NO
COMBATIVE  SPORTS MATCH OR EXHIBITION SHALL BE MORE THAN THREE ROUNDS IN
LENGTH.  NO PARTICIPANT SHALL BE ALLOWED TO  PARTICIPATE  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 PROFESSIONAL COMBATIVE 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.   THE  COMMISSION  SHALL  HAVE  THE  POWER  IN  ITS
DISCRETION TO DECLARE FORFEITED ANY PRIZE, REMUNERATION OR PURSE, OR ANY
PART THEREOF, BELONGING TO THE PARTICIPANTS OR ONE OF THEM, OR THE SHARE
THEREOF  OF ANY MANAGER OR CHIEF SECOND IF IN ITS JUDGMENT, SUCH PARTIC-
IPANT OR PARTICIPANTS ARE NOT HONESTLY COMPETING OR THE  PARTICIPANT  OR
MANAGER  OR  CHIEF  SECOND  OF  A  PARTICIPANT,  AS THE CASE MAY BE, HAS
COMMITTED AN ACT IN THE PREMISES IN VIOLATION  OF  ANY  RULE,  ORDER  OR
REGULATION  OF  THE  COMMISSION.  THE  AMOUNT SO FORFEITED SHALL BE PAID
WITHIN FORTY-EIGHT HOURS TO THE  COMMISSION.  THERE  SHALL  ALSO  BE  IN
ATTENDANCE,  THREE  DULY LICENSED JUDGES WHO SHALL AT THE TERMINATION OF
EACH SUCH 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 PROFESSIONAL  COMBA-
TIVE  SPORTS  MATCH  OR EXHIBITION AS IS NECESSARY OR BENEFICIAL FOR THE
SAFETY AND PROTECTION OF THE CONTESTANTS; AND MAY ALSO REQUIRE THE PRES-
ENCE OF AN AMBULANCE OR OTHER APPARATUS AT THE SITE OF ANY SUCH MATCH OR
EXHIBITION OR THE PROMULGATION OF AN  EMERGENCY  MEDICAL  PLAN  IN  LIEU
THEREOF.

S. 5055--A                         11

  (C) THE COMMISSION SHALL PRESCRIBE BY RULE OR REGULATION THE RESPONSI-
BILITIES  OF  MANAGERS,  TRAINERS AND CHIEF SECONDS PRIOR TO, DURING AND
AFTER A 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
PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED  UNDER  THIS  SECTION
PRESENT  TO A DESIGNATED COMMISSION OFFICIAL, BEFORE EACH MATCH OR EXHI-
BITION 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, PHOTOGRAPH, SOCIAL SECURITY NUMBER, DATE OF BIRTH, AND OTHER IDEN-
TIFYING INFORMATION; (2) THE PARTICIPANT'S  PRIOR  MATCH  OR  EXHIBITION
HISTORY  INCLUDING  THE DATES, LOCATION, AND DECISION OF SUCH MATCHES OR
EXHIBITIONS; AND (3) THE PARTICIPANT'S MEDICAL HISTORY, RELATING TO  ANY
PHYSICAL CONDITION, MEDICAL TEST OR PROCEDURE WHICH RELATES TO HIS ABIL-
ITY TO FIGHT, AND A RECORD OF ALL MEDICAL SUSPENSIONS.
  20. EXAMINATION BY PHYSICIAN; COST. (A) ALL PARTICIPANTS MUST BE EXAM-
INED  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 EXAMINATION. THE COST OF ANY SUCH EXAMINATION,
AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE COMMISSION, SHALL
BE PAID BY THE ENTITY CONDUCTING THE MATCH OR EXHIBITION TO THE  COMMIS-
SION,  WHICH  SHALL THEN PAY THE FEE COVERING SUCH COST TO THE EXAMINING
PHYSICIAN, IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
  (B) ANY PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED OR  PERMIT-
TED  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 PROFESSIONAL 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.
  21. PHYSICIAN TO BE IN ATTENDANCE; POWERS OF SUCH  PHYSICIAN.  (A)  IT
SHALL BE THE DUTY OF EVERY ENTITY LICENSED TO CONDUCT A 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 PROFESSIONAL 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 INJU-
RY.  IN  THE  EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL
IMMEDIATELY RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND  FURTHER

S. 5055--A                         12

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 A PROFES-
SIONAL 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.
  22. BOND. BEFORE A LICENSE SHALL BE GRANTED TO AN ENTITY TO CONDUCT  A
PROFESSIONAL  COMBATIVE  SPORTS MATCH OR EXHIBITION, THE APPLICANT SHALL
EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT TO  BE  DETER-
MINED  BY  THE  COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY OF
SURETIES THEREON  BY  THE  COMPTROLLER,  CONDITIONED  FOR  THE  FAITHFUL
PERFORMANCE  BY  SUCH  ENTITY  OF THE PROVISIONS OF THIS SECTION AND THE
RULES AND REGULATIONS  OF  THE  COMMISSION,  AND  UPON  THE  FILING  AND
APPROVAL  OF  SUCH  BOND THE COMPTROLLER SHALL ISSUE TO SUCH APPLICANT A
CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE BY  SUCH  APPLI-
CANT  FILED  IN  THE  OFFICE  OF THE COMMISSION WITH ITS APPLICATION FOR
LICENSE, AND NO SUCH LICENSE SHALL  BE  ISSUED  UNTIL  SUCH  CERTIFICATE
SHALL  BE  FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE, THE COMMISSION
MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT MORE THAN ONE
THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED BY THE  ATTOR-
NEY  GENERAL  IN  THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IN THE
SAME MANNER AS OTHER PENALTIES ARE  RECOVERED  BY  LAW;  ANY  AMOUNT  SO
RECOVERED SHALL BE PAID INTO THE TREASURY.
  23.  BOND  FOR PURSES, SALARIES AND OTHER EXPENSES. IN ADDITION TO THE
BOND REQUIRED BY SUBDIVISION TWENTY-TWO OF THIS SECTION, EACH  APPLICANT
FOR  A LICENSE TO CONDUCT PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHI-
BITIONS SHALL EXECUTE AND FILE WITH THE COMPTROLLER A BOND IN AN  AMOUNT
TO  BE DETERMINED BY THE COMMISSION TO BE APPROVED AS TO FORM AND SUFFI-
CIENCY OF SURETIES THEREON BY THE COMPTROLLER, CONDITIONED FOR AND GUAR-
ANTEEING THE PAYMENT  OF  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANTS'
PURSES,  SALARIES  OF CLUB EMPLOYEES LICENSED BY THE COMMISSION, AND THE
LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL ADVERTISING MATERIAL.
  24. DUTY TO PROVIDE  INSURANCE  FOR  LICENSED  PROFESSIONAL  COMBATIVE
SPORTS  PARTICIPANTS.    (A)  ALL  ENTITIES HAVING LICENSES AS PROMOTERS
SHALL CONTINUOUSLY PROVIDE INSURANCE  FOR  THE  PROTECTION  OF  LICENSED
PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANTS, APPEARING IN PROFESSIONAL
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 THOU-
SAND  DOLLARS  TO THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS
OCCASIONED BY INJURIES RECEIVED DURING THE COURSE OF A MATCH OR  EXHIBI-
TION  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.
  25. NOTICE OF CONTEST; COLLECTION OF TAX. (A) EVERY ENTITY HOLDING ANY
PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHIBITION FOR WHICH AN ADMISSION
FEE IS CHARGED OR RECEIVED, SHALL NOTIFY  THE  ATHLETIC  COMMISSION  TEN

S. 5055--A                         13

DAYS IN ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION
TO  ANY  SUCH  MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY
AUTHORIZED BY THE STATE ATHLETIC COMMISSION TO PRINT  SUCH  TICKETS  AND
SHALL BEAR CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION
OF  SAME.  AN  ENTITY FAILING TO FULLY COMPLY WITH THIS SECTION SHALL BE
SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS TO BE COLLECTED BY AND PAID
TO THE DEPARTMENT OF STATE. AN ENTITY IS PROHIBITED FROM  OPERATING  ANY
MATCHES OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS SUBDIVI-
SION  AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE NINETEEN
OF THE TAX LAW HAVE BEEN PAID.
  (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES OR OFFICERS OF THE ATHLETIC COMMISSION SHALL ACT AS AGENTS  OF
THE  COMMISSIONER  OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY
ARTICLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION  SHALL  PROVIDE
THE COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECH-
NICAL  ASSISTANCE  AS  MAY BE NECESSARY FOR THE PROPER ADMINISTRATION OF
SUCH TAX.
  26. REGULATION OF JUDGES. (A) JUDGES FOR  ANY  PROFESSIONAL  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  PROFESSIONAL  COMBATIVE  SPORT PARTICIPANT, MANAGER OR CHIEF
SECOND MAY PROTEST THE ASSIGNMENT OF A JUDGE TO A PROFESSIONAL COMBATIVE
SPORTS MATCH OR EXHIBITION AND  THE  PROTESTING  PROFESSIONAL  COMBATIVE
SPORTS  PARTICIPANT, MANAGER OR CHIEF SECOND MAY BE HEARD BY THE COMMIS-
SION 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 A PROFESSIONAL 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 EXAMINA-
TION APPROVED BY THE COMMISSION COVERING ASPECTS OF PROFESSIONAL  COMBA-
TIVE  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 LICEN-
SEES CURRENT ON AREAS OF REQUIRED KNOWLEDGE.
  (D) EACH PERSON SEEKING A  LICENSE  TO  BE  A  PROFESSIONAL  COMBATIVE
SPORTS  JUDGE  IN  THIS  STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL
QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY  THE
COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED BY
THE  COMMISSION  AND  SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
POTENTIAL  CONFLICTS  OF  INTEREST  AS  WELL  AS  APPEARANCES  OF   SUCH
CONFLICTS,  INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS
OF ANY PROFESSIONAL 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 COMMIS-
SION.
  (E) ONLY A PERSON LICENSED BY THE COMMISSION MAY JUDGE A  PROFESSIONAL
COMBATIVE SPORTS MATCH OR EXHIBITION.
  27. TRAINING FACILITIES. (A) THE COMMISSION MAY, IN ITS DISCRETION AND
IN  ACCORDANCE WITH REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE
HEALTH AND SAFETY OF PROFESSIONAL COMBATIVE SPORT PARTICIPANTS IN TRAIN-
ING, ISSUE A LICENSE TO OPERATE A TRAINING  FACILITY  PROVIDING  CONTACT

S. 5055--A                         14

SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF PROFES-
SIONAL  COMBATIVE  SPORT PARTICIPANTS. THE REGULATIONS OF THE COMMISSION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING SUBJECTS TO  PROTECT
THE HEALTH AND SAFETY OF PROFESSIONAL COMBATIVE SPORT PARTICIPANTS:
  (1) REQUIREMENTS FOR FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE
LOCATION  ON  THE  PREMISES  AND  FOR  THE PRESENCE ON THE PREMISES OF A
PERSON TRAINED AND CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES
FOR CARDIO-PULMONARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILI-
TY IS OPEN FOR TRAINING PURPOSES;
  (2) PROMINENT POSTING ADJACENT TO AN ACCESSIBLE TELEPHONE OF THE TELE-
PHONE NUMBER FOR EMERGENCY MEDICAL SERVICES AT THE NEAREST HOSPITAL;
  (3) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, LOCKER ROOMS AND  FOOD
SERVING AND STORAGE AREAS;
  (4)  ADEQUATE  VENTILATION  AND  LIGHTING  OF  ACCESSIBLE AREAS OF THE
TRAINING FACILITY;
  (5) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING IN
TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE FACILITY
OPERATOR;
  (6) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
  (7) INSPECTION AND APPROVAL OF RINGS AS REQUIRED BY SUBDIVISION THIRTY
OF THIS SECTION; AND
  (8) ESTABLISHMENT OF A  POLICY  FOR  POSTING  ALL  COMMISSION  LICENSE
SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
ING  PROVISIONS  FOR  ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY
THE FACILITY OPERATOR.
  (B) A PROSPECTIVE LICENSEE SHALL SUBMIT TO THE COMMISSION  PROOF  THAT
IT  CAN  FURNISH  SUITABLE  FACILITIES  IN  WHICH  THE TRAINING IS TO BE
CONDUCTED, INCLUDING THE MAKING OF SUCH  TRAINING  FACILITIES  AVAILABLE
FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
PROGRESS.
  28.  TEMPORARY  TRAINING  FACILITIES.  ANY TRAINING FACILITY PROVIDING
CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY BASIS FOR THE
PURPOSE OF PREPARING A PROFESSIONAL COMBATIVE SPORT  PARTICIPANT  FOR  A
SPECIFIC  PROFESSIONAL  COMBATIVE  SPORTS  MATCH  OR  EXHIBITION  TO  BE
CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF NEW YORK  SHALL  BE  EXEMPT
FROM  THIS  ACT  INSOFAR AS IT CONCERNS THE LICENSING OF SUCH FACILITIES
IF, IN THE JUDGMENT OF THE COMMISSION, ESTABLISHMENT AND MAINTENANCE  OF
SUCH  FACILITY  WILL  BE  CONSISTENT WITH THE PURPOSES AND PROVISIONS OF
THIS CHAPTER, THE BEST INTERESTS OF PROFESSIONAL COMBATIVE SPORTS GENER-
ALLY, AND THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY.
  29. WEIGHTS; CLASSES AND RULES. THE WEIGHTS AND CLASSES  OF  COMBATIVE
SPORT  PARTICIPANTS AND THE RULES AND REGULATIONS OF PROFESSIONAL COMBA-
TIVE SPORTS SHALL BE PRESCRIBED BY THE COMMISSION.
  30. RINGS OR FIGHTING AREAS.  NO PROFESSIONAL COMBATIVE  SPORTS  MATCH
OR  EXHIBITION  OR  TRAINING  ACTIVITY SHALL BE PERMITTED IN ANY RING OR
FIGHTING AREA UNLESS SUCH RING OR FIGHTING AREA HAS BEEN  INSPECTED  AND
APPROVED  BY  THE  COMMISSION.  THE  COMMISSION SHALL PRESCRIBE STANDARD
ACCEPTABLE SIZE AND QUALITY REQUIREMENTS FOR RINGS OR FIGHTING AREAS AND
APPURTENANCES THERETO.
  31. MISDEMEANOR. ANY ENTITY WHO INTENTIONALLY, DIRECTLY OR  INDIRECTLY
CONDUCTS,  HOLDS OR GIVES A PROFESSIONAL COMBATIVE SPORTS MATCH OR EXHI-
BITION OR PARTICIPATES EITHER DIRECTLY OR INDIRECTLY IN ANY  SUCH  MATCH
OR  EXHIBITION  AS A REFEREE, JUDGE, CORPORATION TREASURER, PROFESSIONAL
COMBATIVE  SPORTS  PARTICIPANT,  MANAGER,  PROMOTER,  TRAINER  OR  CHIEF
SECOND,  WITHOUT  FIRST HAVING PROCURED AN APPROPRIATE LICENSE OR PERMIT
AS PRESCRIBED IN THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.

S. 5055--A                         15

  S 3. Chapter 912 of the laws of 1920 relating  to  the  regulation  of
boxing,  sparring  and wrestling, is amended by adding a new section 5-b
to read as follows:
  S  5-B.  NEW YORK MIXED MARTIAL ARTS INJURY COMPENSATION FUND, INC. 1.
THERE IS CREATED A NOT-FOR-PROFIT CORPORATION TO BE  KNOWN  AS  THE  NEW
YORK  MIXED  MARTIAL ARTS INJURY COMPENSATION FUND, INC. AND REFERRED TO
IN THIS SECTION AS "THE FUND". TO THE EXTENT THAT THE PROVISIONS OF  THE
NOT-FOR-PROFIT  CORPORATION  LAW  DO NOT CONFLICT WITH THE PROVISIONS OF
THIS  ACT,  OR  THE  PLAN  OF  OPERATION  OF  THE  FUND  HEREUNDER,  THE
NOT-FOR-PROFIT  CORPORATION  LAW  SHALL  APPLY  TO THE FUND AND THE FUND
SHALL BE A TYPE C CORPORATION PURSUANT TO THE NOT-FOR-PROFIT CORPORATION
LAW. IF AN APPLICABLE PROVISION OF THIS ACT OR THE PLAN OF OPERATION  OF
THE  FUND  HEREUNDER  RELATES TO A MATTER EMBRACED IN A PROVISION OF THE
NOT-FOR-PROFIT CORPORATION LAW BUT IS NOT IN  CONFLICT  THEREWITH,  BOTH
PROVISIONS  SHALL  APPLY. THE FUND SHALL PERFORM ITS FUNCTIONS UNDER THE
PLAN OF OPERATION ESTABLISHED AND APPROVED UNDER THIS SECTION AND  SHALL
EXERCISE  ITS  POWERS    THROUGH THE STATE ATHLETIC COMMISSION WHO SHALL
DEVELOP REGULATIONS AS TO THE MAKE-UP OF THE FUND'S BOARD OF DIRECTORS.
  2. (A) THE BOARD OF DIRECTORS SHALL CONSIST OF SEVEN MEMBERS,  SIX  OF
WHOM  ARE  TO  BE  SELECTED FROM THE GENERAL MEMBERSHIP OF THE FUND IN A
MANNER AND FOR TERMS TO BE PRESCRIBED BY THE INITIAL FUND BOARD. FOR THE
PURPOSES OF ESTABLISHING AND ORGANIZING THE FUND, AT LEAST  ONE  HUNDRED
FIFTY  DAYS  PRIOR  TO THE DATE THAT THIS SECTION SHALL TAKE EFFECT, THE
BOARDS OF DIRECTORS OF THE MIXED MARTIAL ARTS ORGANIZATIONS,  REPRESENT-
ING AT LEAST FIFTY-ONE PERCENT OF THE MIXED MARTIAL ARTS MATCHES UTILIZ-
ING FACILITIES OF ANY MIXED MARTIAL ARTS VENUE IN THE STATE OF NEW YORK,
SHALL  DESIGNATE  SIX  MEMBERS  WHO  SHALL SERVE AS THE INITIAL BOARD OF
DIRECTORS OF THE FUND. THE SEVENTH MEMBER SHALL  BE  ELECTED  EVERY  TWO
YEARS  ON  THE  SECOND  TUESDAY  OF  JUNE, OR AS DESIGNATED BY THE FUND,
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION BY A VOTE OF MIXED MARTIAL
ARTS CONTESTANTS DULY LICENSED PURSUANT TO SECTION FIVE-A OF  THIS  ACT.
THE  MEMBERS OF THE BOARD SHALL ELECT ANNUALLY FROM THE MEMBERS A CHAIR-
PERSON AND A VICE-CHAIRPERSON  WHO  SHALL  ACT  AS  CHAIRPERSON  IN  THE
ABSENCE  OF THE CHAIRPERSON. EACH MEMBER OF THE BOARD OF DIRECTORS SHALL
HAVE EQUAL VOTING RIGHTS WITH THE OTHERS.
  (B) (1) THE ELECTION OF THE SEVENTH BOARD MEMBER SHALL BE CONDUCTED BY
AN ELECTION ADMINISTRATOR SELECTED BY THE FUND NO  LATER  THAN  NOVEMBER
FIFTEENTH  OF THE YEAR PRECEDING THE ELECTION. THE FUND SHALL INFORM THE
STATE ATHLETIC COMMISSION OF ITS SELECTION THEREOF. THE FUND SHALL ENTER
INTO A CONTRACT WITH THE ELECTION ADMINISTRATOR  AT  LEAST  ONE  HUNDRED
TWENTY DAYS PRIOR TO THE DATE OF THE ELECTION. THE FUND SHALL BE RESPON-
SIBLE  FOR COSTS ASSOCIATED WITH THE CONTRACT WITH THE ELECTION ADMINIS-
TRATOR.
  (2) THE ELECTION ADMINISTRATOR MAY BE THE INDIVIDUAL, ORGANIZATION, OR
CORPORATION UNDER CONTRACT WITH THE FUND TO PROVIDE MANAGEMENT  SERVICES
AS  OF  NOVEMBER  FIFTEENTH  OF  THE  YEAR  PRECEDING  THE ELECTION. THE
ELECTION ADMINISTRATOR SHALL DEVISE AND PROVIDE NOMINATING PETITIONS  TO
CANDIDATES,  SHALL  VALIDATE  SUCH PETITIONS UPON SUBMITTAL BY VERIFYING
THE ELIGIBILITY OF THE MIXED  MARTIAL  ARTS  CONTESTANTS  TO  SIGN  SUCH
PETITIONS,  AND  SHALL  BE  RESPONSIBLE FOR THE PRINTING, DISSEMINATION,
VALIDATION, AND TABULATION OF  BALLOTS  FOR  SUCH  ELECTION.  THE  STATE
ATHLETIC  COMMISSION  SHALL  PROVIDE  A  LIST OF ALL DULY LICENSED MIXED
MARTIAL ARTS CONTESTANTS IN THE STATE  OF  NEW  YORK  TO  THE  FUND  FOR
PURPOSES  OF  VALIDATING  NOMINATING PETITIONS AND BALLOTS. THE ELECTION
ADMINISTRATOR SHALL REPORT THE RESULTS OF  THE  ELECTION  TO  THE  STATE

S. 5055--A                         16

ATHLETIC  COMMISSION,  WHICH  SHALL  THEN  CERTIFY  THE  ELECTION OF THE
SEVENTH BOARD MEMBER.
  (3) ANY INDIVIDUAL SEEKING ELECTION PURSUANT TO THIS SUBDIVISION SHALL
PROVIDE A NOMINATING PETITION CONTAINING THE SIGNATURES OF NO FEWER THAN
TEN  DULY  LICENSED MIXED MARTIAL ARTS CONTESTANTS ELIGIBLE TO SIGN SUCH
PETITION. TO BE ELIGIBLE TO SIGN SUCH PETITION,  A  MIXED  MARTIAL  ARTS
CONTESTANT  SHALL  POSSESS  A VALID LICENSE ISSUED BY THE STATE ATHLETIC
COMMISSION AS OF MARCH FIRST IN THE YEAR OF THE ELECTION. SUCH PETITIONS
MAY BE SIGNED BY ELIGIBLE MIXED MARTIAL ARTS CONTESTANTS BEGINNING APRIL
FIRST OF AN ELECTION YEAR AND SHALL BE RETURNED TO THE ELECTION ADMINIS-
TRATOR FOR VALIDATION NO LATER THAN  THE  FIRST  MONDAY  OF  MAY  OF  AN
ELECTION  YEAR.  IF  A  MIXED  MARTIAL ARTS CONTESTANT'S LICENSE EXPIRES
BETWEEN MARCH SECOND AND THE FIRST  MONDAY  OF  MAY  AND  HAS  NOT  BEEN
RENEWED  BY THE LATTER DATE, THE ELECTION ADMINISTRATOR SHALL INVALIDATE
SUCH MIXED MARTIAL ARTS CONTESTANT'S SIGNATURE ON THE  NOMINATING  PETI-
TION SO SUBMITTED.
  (4) TO BE ELIGIBLE TO VOTE IN THE ELECTION, MIXED MARTIAL ARTS CONTES-
TANTS AND APPRENTICE MIXED MARTIAL ARTS CONTESTANTS MUST POSSESS A VALID
MIXED  MARTIAL  ARTS  CONTESTANT'S LICENSE AT LEAST THIRTY DAYS PRIOR TO
THE DATE OF THE  ELECTION.  IF  SUCH  MIXED  MARTIAL  ARTS  CONTESTANT'S
LICENSE  EXPIRES  DURING THE THIRTY DAYS PRECEDING THE ELECTION AND SUCH
LICENSE HAS NOT BEEN RENEWED AS OF THE DATE OF THE ELECTION, SUCH  MIXED
MARTIAL ARTS CONTESTANT SHALL NOT BE ELIGIBLE TO VOTE.
  (5) IF, FOLLOWING AN ELECTION OF THE SEVENTH BOARD MEMBER, SUCH MEMBER
IS  UNABLE TO DISCHARGE HIS OR HER DUTIES AS A BOARD MEMBER OR IS OTHER-
WISE UNABLE TO COMPLETE HIS OR HER TERM, THE  FUND'S  CHAIRPERSON  SHALL
OFFER  THE SEVENTH BOARD MEMBER'S POSITION TO THE CANDIDATE WHO RECEIVED
THE HIGHEST TOTAL NUMBER OF VOTES FOLLOWING THAT RECEIVED BY THE ELECTED
BOARD MEMBER DURING THE ELECTION. IF SUCH CANDIDATE DECLINES  TO  ACCEPT
SUCH  POSITION, THE CHAIRPERSON SHALL OFFER THE POSITION TO EACH REMAIN-
ING CANDIDATE IN DESCENDING ORDER OF THE TOTAL NUMBER OF VOTES  RECEIVED
BY  EACH  SUCH  CANDIDATE  DURING  THE  ELECTION  UNTIL  A CANDIDATE HAS
ACCEPTED THE POSITION. IF NONE OF THE REMAINING CANDIDATES HAS  ACCEPTED
THE POSITION, THE CHAIRPERSON MAY APPOINT AN INTERIM MEMBER TO THE POSI-
TION  FOR  SUCH  TIME  AS INTERVENES UNTIL A NEW SEVENTH BOARD MEMBER IS
ELECTED.
  3. MEMBERS OF THE BOARD OF DIRECTORS SHALL SERVE WITHOUT  COMPENSATION
FOR  THEIR  SERVICES,  BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL
AND NECESSARY EXPENSES INCURRED IN THE  PERFORMANCE  OF  THEIR  OFFICIAL
DUTIES.
  4.  MEMBERS OF THE BOARD OF DIRECTORS, EXCEPT AS OTHERWISE PROVIDED BY
LAW, MAY ENGAGE IN PRIVATE EMPLOYMENT, OR IN A PROFESSION OR BUSINESS.
  5. THE AFFIRMATIVE VOTE OF FOUR MEMBERS  OF  THE  BOARD  OF  DIRECTORS
SHALL  BE  NECESSARY FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE
OF ANY POWER OR FUNCTION OF THE FUND. THE FUND MAY DELEGATE  TO  ONE  OR
MORE  OF  ITS MEMBERS, OR ITS OFFICERS, AGENTS OR EMPLOYEES, SUCH POWERS
AND DUTIES AS IT MAY DEEM PROPER.
  6. THE FUND SHALL SECURE HEALTH INSURANCE COVERAGE ON A BLANKET  BASIS
FOR  THE  BENEFIT OF ALL PROFESSIONAL MIXED MARTIAL ARTS CONTESTANTS WHO
PARTICIPATE IN AND SUSTAIN PHYSICAL INJURY AS A RESULT OF  PARTICIPATING
IN  A  NEW  YORK  STATE  SANCTIONED  MIXED  MARTIAL ARTS EVENT AND COVER
LIABILITIES REGARDLESS OF ANY LENGTH OF TIME BETWEEN A SANCTIONED  MATCH
AND THE DISCOVERY OF INJURY.
  7. IN ORDER TO PAY THE COSTS OF THE INSURANCE REQUIRED BY THIS SECTION
AND  TO  CARRY OUT ITS OTHER POWERS AND DUTIES AND TO PAY FOR ANY OF ITS
LIABILITIES THE FUND SHALL ASCERTAIN THE  TOTAL  FUNDING  NECESSARY  AND

S. 5055--A                         17

ESTABLISH  THE SUMS THAT ARE TO BE PAID BY ALL MIXED MARTIAL ARTS ORGAN-
IZATIONS LICENSED OR REQUIRED TO BE LICENSED  UNDER  SECTION  FIVE-A  OF
THIS  ACT TO OBTAIN THE TOTAL FUNDING AMOUNT REQUIRED ANNUALLY. IN ORDER
TO  PROVIDE THAT ANY SUM REQUIRED TO BE PAID BY AN ORGANIZATION BE EQUI-
TABLE, THE FUND SHALL ESTABLISH PAYMENT  SCHEDULES  WHICH  REFLECT  SUCH
FACTORS  AS ARE APPROPRIATE, INCLUDING WHERE APPLICABLE, THE DURATION OF
SUCH PARTICIPATION, THE AMOUNT OF ANY  PURSE  EARNINGS,  THE  NUMBER  OF
MIXED  MARTIAL  ARTS  CONTESTANTS INVOLVED, OR SUCH OTHER FACTORS AS THE
FUND SHALL DETERMINE TO BE FAIR, EQUITABLE AND IN THE BEST INTERESTS  OF
MIXED  MARTIAL  ARTS.  IN  NO  EVENT  SHALL  THE AMOUNT DEDUCTED FROM AN
OWNER'S SHARE EXCEED FIVE PER CENTUM OF THE OVERALL TAKE. IN  THE  CASES
OF MULTIPLE OWNERSHIPS THE FUND SHALL EQUITABLY ADJUST THE SUM REQUIRED.
  8.  (A)  THE FUND SHALL SUBMIT TO THE STATE ATHLETIC COMMISSION A PLAN
OF OPERATION AND ANY AMENDMENTS THERETO NECESSARY OR SUITABLE TO  ASSURE
THE  FAIR,  REASONABLE  AND  EQUITABLE  ADMINISTRATION OF THE FUND. SUCH
AMENDMENTS, IF ANY, RELATING TO THE ASSESSMENT OF THE COSTS OF INSURANCE
FOR THE SUBSEQUENT YEAR, OTHER THAN  DEFICIENCY  ASSESSMENTS,  SHALL  BE
SUBMITTED  TO  THE  BOARD NO LATER THAN NOVEMBER FIFTEENTH OF EACH YEAR.
THE PLAN OF OPERATION AND ANY AMENDMENTS THERETO SHALL BECOME  EFFECTIVE
UPON  APPROVAL  IN  WRITING  BY THE BOARD, AND SHALL BE PUBLISHED BY THE
FUND UPON SUCH APPROVAL IN ONE OR MORE TRADE PUBLICATIONS LIKELY  TO  BE
OBTAINED BY OWNERS.
  (B)  IF  THE  FUND FAILS TO SUBMIT A SUITABLE PLAN OF OPERATION WITHIN
ONE HUNDRED EIGHTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION  OR
IF  AT  ANY TIME THEREAFTER THE FUND FAILS TO SUBMIT SUITABLE AMENDMENTS
TO THE PLAN, THE BOARD  SHALL,  AFTER  NOTICE  AND  HEARING,  ADOPT  AND
PROMULGATE SUCH REASONABLE RULES AS ARE NECESSARY OR ADVISABLE TO EFFEC-
TUATE THE PROVISIONS OF THIS SECTION. SUCH RULES SHALL CONTINUE IN FORCE
UNTIL  MODIFIED  BY  THE  BOARD OR SUPERSEDED BY A PLAN SUBMITTED BY THE
FUND AND APPROVED BY THE BOARD.
  (C) THE PLAN OF OPERATION SHALL CONSTITUTE THE BY-LAWS OF THE FUND AND
SHALL, IN ADDITION TO REQUIREMENTS ENUMERATED ELSEWHERE IN THIS SECTION:
  (1) ESTABLISH PROCEDURES FOR HANDLING THE ASSETS OF THE FUND.
  (2) ESTABLISH REGULAR PLACES AND TIMES FOR MEETINGS OF  THE  BOARD  OF
DIRECTORS.
  (3) ESTABLISH PROCEDURES FOR RECORDS TO BE KEPT OF ALL FINANCIAL TRAN-
SACTIONS OF THE FUND, ITS AGENTS AND THE BOARD OF DIRECTORS.
  (4)  ESTABLISH A FORMULA FOR DETERMINING THE APPROPRIATE AMOUNT OF THE
ASSESSMENTS UNDER THIS SECTION.
  (5) ESTABLISH THE RULES AND PROCEDURES TO GOVERN  THE  CONDUCT  OF  AN
ELECTION  HELD  PURSUANT  TO  PARAGRAPH  (B)  OF SUBDIVISION TWO OF THIS
SECTION.
  (6) CONTAIN SUCH ADDITIONAL PROVISIONS AS THE BOARD OR FUND  MAY  DEEM
NECESSARY  OR  PROPER  FOR THE EXECUTION OF THE POWERS AND DUTIES OF THE
FUND.
  9. THE FUND SHALL BE SUBJECT TO  EXAMINATION  AND  REGULATION  BY  THE
STATE COMPTROLLER. THE FUND SHALL SUBMIT TO THE BOARD NOT LATER THAN MAY
FIRST  OF  EACH YEAR, A FINANCIAL REPORT FOR THE PRECEDING CALENDAR YEAR
IN A FORM APPROVED BY THE BOARD AND A REPORT OF  ITS  ACTIVITIES  DURING
THE  PRECEDING  CALENDAR  YEAR.  SUCH  REPORT  SHALL BE DELIVERED TO THE
SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE MINORITY LEADER OF THE SENATE.
  10. THE FUND SHALL BE EXEMPT FROM PAYMENT OF ALL FEES  AND  ALL  TAXES
LEVIED  BY THIS STATE OR ANY OF ITS SUBDIVISIONS, EXCEPT TAXES LEVIED ON
REAL PROPERTY.

S. 5055--A                         18

  11. THE FUND SHALL PURCHASE SUCH INSURANCE AS NECESSARY TO PROTECT ANY
DIRECTOR, OFFICER, AGENT OR OTHER REPRESENTATIVE FROM LIABILITY.
  12.  THE  FUND AND THE STATE ATHLETIC COMMISSION SHALL HAVE SUCH POWER
AS IS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  13. IT SHALL BE PRESUMED ANY MIXED MARTIAL ARTIST WHO PARTICIPATES  IN
A  NEW YORK STATE SANCTIONED EVENT AND RECEIVES ANY FORM OF NEUROLOGICAL
DAMAGE DURING THE COURSE OF HIS OR HER LIFETIME, THAT THE DAMAGE WAS THE
DIRECT CAUSATION OF THE SANCTIONED MATCH AND IS  ENTITLED  TO  THE  FULL
BENEFITS  OF  THE  FUND  OVER  THE COURSE OF HIS OR HER LIFETIME FOR ALL
NECESSARY MEDICAL TREATMENT AND REHABILITATION.
  S 4. 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
PROFESSIONAL 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
exhibitions  OR PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS and
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 boxing or sparring matches or
exhibitions OR PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS, and
over the promotion of professional wrestling exhibitions OR PROFESSIONAL
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 other-
wise 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
PROFESSIONAL COMBATIVE SPORTS MATCHES OR EXHIBITIONS are conducted shall
comply  with  state  and  applicable local sanitary codes appropriate to
school athletic facilities.
  S 5. Subdivision 3 of section 2 of the workers' compensation  law,  as
amended  by  chapter  392  of  the  laws  of 2008, is amended to read as
follows:
  3. "Employer," except when otherwise expressly stated, means a person,
partnership, association, corporation, and the legal representatives  of
a  deceased  employer,  or the receiver or trustee of a person, partner-
ship, association or corporation, having one or more persons in  employ-
ment,  including  the  state,  a municipal corporation, fire district or
other political subdivision of the state, and every authority or commis-
sion heretofore or hereafter continued or created by the public authori-
ties law. For the purposes of this chapter only  "employer"  shall  also
mean  a  person,  partnership,  association,  corporation, and the legal
representatives of a deceased employer, or the receiver or trustee of  a
person,  partnership,  association or corporation who delivers or causes
to be delivered newspapers or periodicals for delivering or selling  and
delivering  by  a  newspaper  carrier under the age of eighteen years as
defined in section thirty-two hundred twenty-eight of the education law.
For the purpose of this chapter  only,  "employer"  shall  also  mean  a
person, partnership, association, or corporation who leases or otherwise
contracts with an operator or lessee for the purpose of driving, operat-
ing  or  leasing  a  taxicab as so defined in section one hundred forty-
eight-a of the vehicle and traffic law, except where such person  is  an

S. 5055--A                         19

owner-operator  of  such  taxicab who personally regularly operates such
vehicle an average of forty or more hours per week and leases such taxi-
cab for some portion of the remaining time, and except if the taxicab is
a  livery  subject  to section eighteen-c of this chapter, in which case
the livery driver's employer shall only be such employer as  is  defined
in  that  section. For the purposes of this section only, such an owner-
operator shall be deemed to be an  employer  if  he  controls,  directs,
supervises,  or has the power to hire or terminate such other person who
leases the vehicle.
  Notwithstanding any other provision of this chapter and  for  purposes
of  this  chapter only, "employer" shall mean, with respect to a jockey,
apprentice jockey or exercise person licensed under article two or  four
of the racing, pari-mutuel wagering and breeding law performing services
for  an  owner or trainer in connection with the training or racing of a
horse at a facility of a racing association or  corporation  subject  to
article two or four of the racing, pari-mutuel wagering and breeding law
and  subject to the jurisdiction of the New York state racing and wager-
ing board, The New York Jockey Injury Compensation Fund,  Inc.  and  all
owners  and  trainers  who are licensed or required to be licensed under
article two or four of the racing, pari-mutuel wagering and breeding law
at the time of any occurrence for which benefits are payable pursuant to
this chapter in respect to the injury or death of such  jockey,  appren-
tice jockey or exercise person.
  Notwithstanding  any other provision of this chapter, and for purposes
of this chapter only, the employer of a black car operator,  as  defined
in  article  six-F  of  the  executive law, shall, on and after the fund
liability date, as defined in such article, be the New  York  black  car
operators' injury compensation fund, inc. created pursuant to such arti-
cle.
  For  the purpose of this chapter only, whether a livery base operating
in any locality where liveries must  register  with  a  local  taxi  and
limousine commission shall be deemed the "employer" of any livery driver
engaging  in  covered  services  shall  be determined in accordance with
section eighteen-c of this chapter.
  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, AND FOR  PURPOSES
OF  THIS  CHAPTER ONLY, "EMPLOYER" SHALL MEAN, WITH RESPECT TO A PROFES-
SIONAL COMBATIVE SPORTS PARTICIPANT LICENSED  UNDER  SECTION  FIVE-A  OF
CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY FOR A
CORPORATION,  PERSON  OR  LIMITED  LIABILITY COMPANY LICENSED UNDER SUCH
SECTION FIVE-A AND THE NEW YORK MIXED MARTIAL ARTS  INJURY  COMPENSATION
FUND,  INC.    CREATED  PURSUANT TO SUCH CHAPTER OF THE LAWS OF NINETEEN
HUNDRED TWENTY.
  S 6. Subdivision 4 of section 2 of the workers'  compensation  law  is
amended by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS CHAPTER, AND FOR PURPOSES
OF THIS  CHAPTER  ONLY,  A  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT
LICENSED UNDER SECTION FIVE-A OF CHAPTER NINE HUNDRED TWELVE OF THE LAWS
OF  NINETEEN  HUNDRED  TWENTY  PARTICIPATING  IN  COMBATIVE SPORTS FOR A
CORPORATION, PERSON OR LIMITED LIABILITY  COMPANY  LICENSED  UNDER  SUCH
SECTION  FIVE-A  SHALL  BE  REGARDED AS THE "EMPLOYEE" NOT ONLY FOR SUCH
CORPORATION, PERSON OR LIMITED LIABILITY COMPANY, BUT SHALL  INSTEAD  BE
CONCLUSIVELY PRESUMED TO BE THE "EMPLOYEE" OF THE NEW YORK MIXED MARTIAL
ARTS  INJURY  COMPENSATION  FUND,  INC.,  AND  ALSO OF ALL CORPORATIONS,
PERSONS OR LIMITED  LIABILITY  COMPANIES  LICENSED  OR  REQUIRED  TO  BE
LICENSED  UNDER  SUCH  SECTION  FIVE-A AT THE TIME OF ANY OCCURRENCE FOR

S. 5055--A                         20

WHICH BENEFITS ARE PAYABLE PURSUANT TO THIS CHAPTER IN RESPECT OF INJURY
OR DEATH OF SUCH SPORTS PARTICIPANT.
  S  7.  Subdivision  5 of section 2 of the workers' compensation law is
amended by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, AND FOR  PURPOSES
OF  THIS  CHAPTER  ONLY,  A  PROFESSIONAL  COMBATIVE  SPORTS PARTICIPANT
LICENSED UNDER SECTION FIVE-A OF CHAPTER NINE HUNDRED TWELVE OF THE LAWS
OF NINETEEN HUNDRED TWENTY  PARTICIPATING  IN  COMBATIVE  SPORTS  FOR  A
CORPORATION,  PERSON  OR  LIMITED  LIABILITY COMPANY LICENSED UNDER SUCH
SECTION FIVE-A SHALL BE REGARDED AS IN THE "EMPLOYMENT"  NOT  SOLELY  OF
SUCH  CORPORATION, PERSON OR LIMITED LIABILITY COMPANY BUT SHALL INSTEAD
BE CONCLUSIVELY PRESUMED TO BE IN THE "EMPLOYMENT" OF THE NEW YORK MIXED
MARTIAL ARTS INJURY COMPENSATION FUND,  INC.  AND  OF  ALL  SUCH  CORPO-
RATIONS,  PERSONS  OR  LIMITED  LIABILITY  COMPANIES WHO ARE LICENSED OR
REQUIRED TO BE LICENSED UNDER SUCH SECTION FIVE-A AT  THE  TIME  OF  ANY
OCCURRENCE  FOR  WHICH  BENEFITS ARE PAYABLE PURSUANT TO THIS CHAPTER IN
RESPECT OF THE INJURY OR DEATH OF  SUCH  PROFESSIONAL  COMBATIVE  SPORTS
PARTICIPANT.
  S  8. Section 11 of the workers' compensation law is amended by adding
a new closing paragraph to read as follows:
  THE LIABILITY UNDER THIS CHAPTER OF THE NEW YORK  MIXED  MARTIAL  ARTS
INJURY  COMPENSATION  FUND, INC. CREATED UNDER SECTION FIVE-B OF CHAPTER
NINE HUNDRED TWELVE OF THE LAWS OF  NINETEEN  HUNDRED  TWENTY  SHALL  BE
LIMITED  TO  THE  PROVISION OF WORKERS' COMPENSATION COVERAGE TO PROFES-
SIONAL COMBATIVE SPORTS PARTICIPANTS LICENSED UNDER  SECTION  FIVE-A  OF
CHAPTER  NINE  HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY AND
ANY STATUTORY PENALTIES RESULTING  FROM  THE  FAILURE  TO  PROVIDE  SUCH
COVERAGE.
  S  9.  Section  14-a  of  the  workers' compensation law is amended by
adding a new subdivision 6 to read as follows:
  6.  WITH  RESPECT  TO  A  PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT
LICENSED UNDER SECTION FIVE-A OF CHAPTER NINE HUNDRED TWELVE OF THE LAWS
OF NINETEEN HUNDRED TWENTY WHO, PURSUANT TO SECTION TWO OF THIS CHAPTER,
IS  AN  EMPLOYEE  OF  A CORPORATION, PERSON OR LIMITED LIABILITY COMPANY
LICENSED OR REQUIRED TO BE LICENSED UNDER SUCH SECTION  FIVE-A  AND  THE
NEW  YORK  MIXED MARTIAL ARTS INJURY COMPENSATION FUND, INC., THE CORPO-
RATION, PERSON OR LIMITED  LIABILITY  COMPANY  LICENSED  FOR  WHOM  SUCH
PROFESSIONAL COMBATIVE SPORTS PARTICIPANT WAS PERFORMING SERVICES AT THE
TIME OF THE ACCIDENT SHALL BE SOLELY RESPONSIBLE FOR THE DOUBLE PAYMENTS
DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS  SECTION,  TO  THE EXTENT SUCH
PAYMENTS EXCEED ANY AMOUNTS  OTHERWISE  PAYABLE  WITH  RESPECT  TO  SUCH
PROFESSIONAL  COMBATIVE  SPORTS  PARTICIPANT  UNDER ANY OTHER SECTION OF
THIS CHAPTER, AND THE NEW YORK MIXED MARTIAL  ARTS  INJURY  COMPENSATION
FUND, INC. SHALL HAVE NO RESPONSIBILITY FOR SUCH EXCESS PAYMENTS, UNLESS
THERE  SHALL  BE  A  FAILURE  OF  THE RESPONSIBLE CORPORATION, PERSON OR
LIMITED LIABILITY COMPANY TO PAY SUCH AWARD  WITHIN  THE  TIME  PROVIDED
UNDER  THIS  CHAPTER.  IN THE EVENT OF SUCH FAILURE TO PAY AND THE BOARD
REQUIRES THE FUND TO PAY THE AWARD ON BEHALF OF SUCH CORPORATION, PERSON
OR LIMITED LIABILITY COMPANY WHO HAS BEEN FOUND TO  HAVE  VIOLATED  THIS
SECTION,  THE  FUND  SHALL  BE  ENTITLED TO AN AWARD AGAINST SUCH CORPO-
RATION, PERSON OR LIMITED LIABILITY COMPANY FOR THE AMOUNT SO PAID WHICH
SHALL BE COLLECTED IN THE SAME MANNER AS AN AWARD OF COMPENSATION.
  S 10. The workers' compensation law is amended by adding a new section
18-d to read as follows:
  S 18-D. NOTICE: THE NEW YORK MIXED MARTIAL  ARTS  INJURY  COMPENSATION
FUND, INC.  WHEREVER IN THIS CHAPTER IT SHALL BE REQUIRED THAT NOTICE BE

S. 5055--A                         21

GIVEN  TO AN EMPLOYER, EXCEPT FOR CLAIMS INVOLVING SECTION FOURTEEN-A OF
THIS ARTICLE SUCH NOTICE REQUIREMENT SHALL BE DEEMED SATISFIED BY GIVING
NOTICE TO THE NEW YORK MIXED  MARTIAL  ARTS  INJURY  COMPENSATION  FUND,
INC.,  IN  CONNECTION  WITH AN INJURY TO A PROFESSIONAL COMBATIVE SPORTS
PARTICIPANT LICENSED UNDER SECTION FIVE-A OF CHAPTER NINE HUNDRED TWELVE
OF THE LAWS OF NINETEEN HUNDRED TWENTY WHO, PURSUANT TO SECTION  TWO  OF
THIS CHAPTER, IS AN EMPLOYEE OF A CORPORATION, PERSON OR LIMITED LIABIL-
ITY COMPANY LICENSED UNDER SECTION FIVE-A OF CHAPTER NINE HUNDRED TWENTY
OF  THE  LAWS  OF  NINETEEN  HUNDRED  TWENTY AND OF THE FUND. IN A CLAIM
INVOLVING SECTION FOURTEEN-A OF THIS ARTICLE SUCH REQUIRED NOTICE  SHALL
BE  GIVEN  TO  THE  EMPLOYING  CORPORATION,  PERSON OR LIMITED LIABILITY
COMPANY OF THE FUND.
  S 11. Section 50 of the workers' compensation law is amended by adding
a new subdivision 8-a to read as follows:
  8-A. THE REQUIREMENTS OF SECTION TEN OF  THIS  CHAPTER  REGARDING  THE
PROVISION OF WORKERS' COMPENSATION INSURANCE AS TO CORPORATIONS, PERSONS
OR  LIMITED LIABILITY COMPANIES LICENSED UNDER SECTION FIVE-A OF CHAPTER
NINE HUNDRED TWELVE OF THE LAWS  OF  NINETEEN  HUNDRED  TWENTY  WHO  ARE
EMPLOYERS  UNDER  SECTION  TWO  OF THIS CHAPTER ARE SATISFIED IN FULL BY
COMPLIANCE WITH THE REQUIREMENTS IMPOSED UPON CORPORATIONS,  PERSONS  OR
LIMITED  LIABILITY  COMPANIES  BY SECTION FIVE-B OF CHAPTER NINE HUNDRED
TWELVE OF THE LAWS OF NINETEEN HUNDRED  TWENTY,  PROVIDED  THAT  IN  THE
EVENT  DOUBLE  COMPENSATION,  DEATH BENEFITS, OR AWARDS ARE PAYABLE WITH
RESPECT TO AN INJURED EMPLOYEE UNDER SECTION FOURTEEN-A OF THIS CHAPTER,
THE CORPORATION, PERSON  OR  LIMITED  LIABILITY  COMPANY  FOR  WHOM  THE
INJURED PROFESSIONAL COMBATIVE SPORTS PARTICIPANT LICENSED UNDER SECTION
FIVE-A  OF  CHAPTER  NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY IS PERFORMING SERVICES AS A PROFESSIONAL COMBATIVE SPORTS PARTIC-
IPANT SO LICENSED AT THE TIME  OF  THE  ACCIDENT  SHALL  BEAR  THE  SOLE
RESPONSIBILITY  FOR  THE  AMOUNT  PAYABLE PURSUANT TO SUCH SECTION FOUR-
TEEN-A IN EXCESS OF THE AMOUNT OTHERWISE  PAYABLE  UNDER  THIS  CHAPTER,
UNLESS  THERE  SHALL BE A FAILURE OF THE RESPONSIBLE CORPORATION, PERSON
OR LIMITED LIABILITY COMPANY TO PAY SUCH AWARD WITHIN THE TIME  PROVIDED
UNDER  THIS  CHAPTER.  IN THE EVENT OF SUCH FAILURE TO PAY AND THE BOARD
REQUIRES THE FUND TO PAY THE AWARD ON BEHALF OF SUCH CORPORATION, PERSON
OR LIMITED LIABILITY COMPANY WHO HAS BEEN FOUND TO  HAVE  VIOLATED  SUCH
SECTION  FOURTEEN-A, THE FUND SHALL BE ENTITLED TO AN AWARD AGAINST SUCH
CORPORATION, PERSON OR LIMITED LIABILITY COMPANY FOR THE AMOUNT SO  PAID
WHICH SHALL BE COLLECTED IN THE SAME MANNER AS AN AWARD OF COMPENSATION.
COVERAGE DIRECTLY PROCURED BY ANY CORPORATION, PERSON OR LIMITED LIABIL-
ITY COMPANY FOR THE PURPOSE OF SATISFYING THE REQUIREMENTS OF THIS CHAP-
TER  WITH  RESPECT  TO  EMPLOYEES  OF THE CORPORATION, PERSON OR LIMITED
LIABILITY COMPANY SHALL NOT INCLUDE COVERAGE ON ANY PROFESSIONAL  COMBA-
TIVE  SPORTS  PARTICIPANT  LICENSED UNDER SECTION FIVE-A OF CHAPTER NINE
HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY TO THE EXTENT THAT
SUCH PROFESSIONAL COMBATIVE SPORTS PARTICIPANT  IS  ALSO  COVERED  UNDER
COVERAGE PROCURED BY THE NEW YORK MIXED MARTIAL ARTS INJURY COMPENSATION
FUND,  INC.  PURSUANT  TO  THE REQUIREMENTS OF SECTION FIVE-B OF CHAPTER
NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY, AND TO  THAT
EXTENT,  COVERAGE  PROCURED  BY THE FUND PURSUANT TO THE REQUIREMENTS OF
CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED TWENTY SHALL
BE CONSIDERED PRIMARY.
  S 12. Subdivision 1 of section 451 of  the  tax  law,  as  amended  by
section  1  of  part F of chapter 407 of the laws of 1999, is amended to
read as follows:

S. 5055--A                         22

  1. "Gross receipts from ticket  sales"  shall  mean  the  total  gross
receipts of every person from the sale of tickets to any professional or
amateur boxing, sparring or wrestling match or exhibition OR ANY PROFES-
SIONAL  COMBATIVE  SPORTS  MATCH  OR  EXHIBITION held in this state, and
without  any  deduction  whatsoever for commissions, brokerage, distrib-
ution fees, advertising or any other expenses, charges  and  recoupments
in respect thereto.
  S 13. Section 452 of the tax law, as amended by section 2 of part F of
chapter 407 of the laws of 1999, is amended to read as follows:
  S  452.  Imposition  of  tax.  1. On and after October first, nineteen
hundred ninety-nine, a tax is hereby imposed and shall be paid upon  the
gross  receipts  of  every  person  holding  any professional or amateur
boxing, sparring or wrestling match or exhibition in  this  state.  Such
tax  shall  be  imposed on such gross receipts, exclusive of any federal
taxes, as follows:
  (a) three percent of gross receipts from ticket sales, except that  in
no  event  shall  the tax imposed by this [subdivision] PARAGRAPH exceed
fifty thousand dollars for any match or exhibition;
  (b) three percent of gross receipts from broadcasting  rights,  except
that  in  no event shall the tax imposed by this [subdivision] PARAGRAPH
exceed fifty thousand dollars for any match or exhibition.
  2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
BY IMPOSED AND SHALL BE PAID UPON THE GROSS  RECEIPTS  OF  EVERY  PERSON
HOLDING  ANY  PROFESSIONAL  COMBATIVE SPORTS MATCH OR EXHIBITION IN THIS
STATE. SUCH TAX SHALL BE IMPOSED ON SUCH GROSS  RECEIPTS,  EXCLUSIVE  OF
ANY FEDERAL TAXES, AS FOLLOWS:
  (A)  EIGHT  AND  ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES;
AND
  (B) THREE PERCENT OF GROSS RECEIPTS FROM BROADCASTING  RIGHTS,  EXCEPT
THAT  IN  NO  EVENT SHALL THE TAX IMPOSED BY THIS PARAGRAPH EXCEED FIFTY
THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S 14. This act shall take effect on the ninetieth day after  it  shall
have  become  a  law; provided that section three of this act shall take
effect on the one hundred eightieth day after it  shall  have  become  a
law;  provided,  further,  that  this  act  shall  expire  and be deemed
repealed 5 years after it shall take effect; provided, however, further,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective date is authorized and directed to be made and completed on or
before such effective date.