S T A T E O F N E W Y O R K
________________________________________________________________________
3021
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
___________
Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Tourism, Arts and Sports Development
AN ACT to impose a temporary moratorium on all professional boxing and
sparring pending a legislative taskforce investigation on the safety
of boxing; and making an appropriation therefor; and providing for the
repeal of such provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds that the
costs associated with brain injury and death directly and indirectly
caused during the sport of boxing or sparring requires evaluation and
study. In the past three years, six professional level boxers have died
from injuries sustained in the ring and several others have sustained
brain injuries.
Wherefore, the legislature finds that it is in the public interest to
suspend all professional boxing and sparring matches until a temporary
state taskforce conducts a study on the safety concerns of the public,
promoters and the participants and reports to the state athletic commis-
sion, the governor and the legislature with recommendations for improv-
ing the safety of the sport.
S 2. Temporary moratorium on professional boxing and sparring.
Notwithstanding any other provision of law, rule or regulation to the
contrary, there shall be a moratorium on the holding of any professional
boxing or sparring matches within the boundaries of New York state and
the issuance of any professional boxing and sparring licenses by the
state athletic commission pending the findings and recommendations of
the temporary taskforce on safety in boxing and sparring.
S 3. Temporary taskforce on safety in boxing and sparring. 1. There
shall be established within the state athletic commission a taskforce to
examine, evaluate and make recommendations regarding safety in the sport
of boxing and sparring. The taskforce shall consist of nine members
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05566-01-9
A. 3021 2
appointed by the governor, one of whom shall be a current representative
from the state athletic commission, and two of whom shall be retired
members of the state athletic commission; two members appointed on the
recommendation of the speaker of the assembly and one on the recommenda-
tion of the minority leader of the assembly; and two members appointed
upon the recommendation of the temporary president of the senate and one
upon the recommendation of the minority leader of the senate. At least
one of the appointees must be a licensed physician with a specialty in
sport medicine and at least one of the appointees must be an advocate of
safety in sports. The members of the taskforce shall receive no compen-
sation for their services, but shall be allowed their actual and neces-
sary expenses incurred in the performance of their duties hereunder.
2. The taskforce shall hold regional public hearings, well publicized
and accessible to the public, within one year of the effective date of
this act. The taskforce shall solicit testimony and documentation from
the medical and public health communities, athletic leagues and associ-
ations, business interests, advocates for and against the sport of
boxing, and individuals affected by death and injury caused by such
sport of boxing. To the extent feasible, the taskforce shall be entitled
to request and utilize any resources and data of any court, department,
division, board, bureau, commission or agency of the state or any poli-
tical subdivision thereof as it may reasonably request to carry out
properly its powers and duties.
3. The taskforce shall evaluate the data and finalize its findings,
conclusions and recommendations within eighteen months of the effective
date of this act. The taskforce's report shall include, but not be
limited to, recommendations for:
a. safety equipment used in professional boxing and sparring;
b. safety in the rules and procedures of professional boxing and spar-
ring; and
c. safety in the recruitment, training and promotion of boxing and
sparring as a sport.
Such report in its final form shall include legislative proposals and
shall be delivered to the governor, the speaker of the assembly and the
temporary president of the senate no later than two years after the
effective date of this act.
S 4. The sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated to pay the expenses
incurred, including personal service, in carrying out the provisions of
this act. Such moneys shall be payable out of the state treasury in the
general fund to the credit of the state purposes account after audit by
and on the warrant of the comptroller upon vouchers certified or
approved by the chairperson of the state athletic commission as
prescribed by law.
S 5. This act shall take effect immediately and shall expire and be
deemed repealed 2 years after such date.