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