The New York State Senate

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

                                  5949

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 12, 2015
                               ___________

Introduced by Sens. GRIFFO, GOLDEN, PARKER, AVELLA, CROCI, FUNKE, KENNE-
  DY,  MARTINS,  MURPHY,  PANEPINTO,  RITCHIE  -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the general business law, the tax law, and the alcoholic
  beverage control law, in relation to authorized combative sports;  and
  to  repeal chapter 912 of the laws of 1920, relating to the regulation
  of boxing, sparring, and wrestling

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

  Section  1. Chapter 912 of the laws of 1920 relating to the regulation
of boxing, sparring, and wrestling is REPEALED.
  S 2. Article 40 and sections 900 and 901 of the general business  law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article
43  and  sections  1200  and 1201, respectively, and a new article 41 is
added to read as follows:
                               ARTICLE 41
                            COMBATIVE SPORTS
SECTION 1000. DEFINITIONS.
        1001. COMBATIVE SPORTS AUTHORIZED.
        1002. COMBATIVE SPORTS PROHIBITED.
        1003. STATE ATHLETIC COMMISSION.
        1004. JURISDICTION OF THE COMMISSION.
        1005. OFFICERS AND EMPLOYEES OF THE COMMISSION.
        1006. SANCTIONING ENTITIES.
        1007. LICENSES; GENERAL PROVISIONS.
        1008. LICENSES; JUDGES.
        1009. LICENSES; ENTITIES.
        1010. LICENSES; PROFESSIONALS.
        1011. TEMPORARY WORKING PERMITS.
        1012. TEMPORARY TRAINING FACILITIES.
        1013. MEDICAL ADVISORY BOARD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05199-06-5

S. 5949                             2

        1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1016. REQUIRED FILINGS.
        1017. PROFESSIONAL WRESTLING; PROMOTERS.
        1018. PROHIBITED CONDUCT.
        1019. PENALTIES.
        1020. SUBPOENAS BY COMMISSION; OATHS.
        1021. EXCEPTIONS.
        1022. DISPOSITION OF RECEIPTS.
  S  1000.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY
PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO
IS NOT RECEIVING OR  COMPETING  FOR,  AND  WHO  HAS  NEVER  RECEIVED  OR
COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF
VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED
BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION.
  2.  "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE
AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY  THE
COMMISSION.
  3.  "COMBATIVE  SPORT"  MEANS  ANY UNARMED BOUT, CONTEST, COMPETITION,
MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN  AUDIENCE,  WHEREIN  THE
PARTICIPANTS  PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND
TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF  ANOTHER  PARTIC-
IPANT,  AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV-
ITIES.
  4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN
SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR  EMPLOYEE  OF
THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF.
  5.  "MIXED  MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF
ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT-
ING DISCIPLINE.
  6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE  SPORT  AUTHOR-
IZED  PURSUANT  TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING
OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR,  ANY  PURSE,
MONEY,  PRIZE,  PECUNIARY  GAIN,  OR  OTHER THING EXCEEDING SEVENTY-FIVE
DOLLARS IN VALUE.
  S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED  UNDER
THE  SUPERVISION  OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR-
IZED SANCTIONING ENTITY, OR AS PROVIDED  FOR  IN  SECTION  ONE  THOUSAND
TWENTY-ONE  OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE
SPORTS INCLUDE, AMATEUR AND PROFESSIONAL  BOXING,  WRESTLING,  SPARRING,
KICK  BOXING,  SINGLE  DISCIPLINE  MARTIAL  ARTS AND MIXED MARTIAL ARTS,
PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  S 1002. COMBATIVE SPORTS  PROHIBITED.  1.  THE  CONDUCT  OF  COMBATIVE
SPORTS  OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC-
TIONING ENTITY IS PROHIBITED.
  2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN,  ACTING  OTHER
THAN  AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS
ANY UNAUTHORIZED COMBATIVE SPORT.  SUCH  CONDUCT  INCLUDES  BUT  IS  NOT
LIMITED  TO  CONDUCT  DIRECTED  TOWARD  THE  CREATION,  ESTABLISHMENT OR
PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE  ACQUISITION  OR
MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR,
TOWARD  THE  SOLICITATION  OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC-
IPATE THEREIN, TOWARD THE ACTUAL CONDUCT  OF  THE  PERFORMANCE  THEREOF,
TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR
TOWARD  ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT.  ONE ADVANCES A
PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER

S. 5949                             3

AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE
FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH  TO
OCCUR  OR  CONTINUE  OR  MAKES  NO  EFFORT  TO PREVENT ITS OCCURRENCE OR
CONTINUATION.
  3.  A  PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE
ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT  TO  PARTICIPATE
IN  THE  PROCEEDS  OF  A  PROHIBITED  COMBATIVE SPORT, OR PURSUANT TO AN
AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY  HE  OR  SHE  PARTIC-
IPATES  OR  IS  TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE
SPORT.
  S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE  ATHLETIC  COMMISSION,
AS  NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF  NINETEEN
HUNDRED  EIGHTY-ONE,  IS  CONTINUED  AS  A DIVISION OF THE DEPARTMENT OF
STATE. THE COMMISSION SHALL ACT  IN  THE  BEST  INTERESTS  OF  COMBATIVE
SPORTS.  THE  COMMISSION  IS  ENACTED  TO PROTECT THE HEALTH, SAFETY AND
GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS  AND  SPECTATORS
THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS
OF  LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION-
ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE  CONDUCT
OF  COMBATIVE  SPORTS  THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL
CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE  GOVERNOR  BY  AND
WITH  THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE
ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION.  THE MEMBERS OF THE
COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY  VACANCY  IN
THE  MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF
TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE  MEMBER  IN
WHOSE POSITION THE VACANCY OCCURS.
  2.  THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL-
ING AND OTHER EXPENSES INCURRED BY THEM  IN  THE  PERFORMANCE  OF  THEIR
OFFICIAL  DUTIES.  THE  MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR
THE COMMISSION, AND MAKE SUCH RULES  FOR  THE  ADMINISTRATION  OF  THEIR
OFFICE,  NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY
MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION
SHALL CONSTITUTE A QUORUM TO DO  BUSINESS;  AND  THE  CONCURRENCE  OF  A
MAJORITY  OF  THE  COMMISSIONERS  PRESENT SHALL BE NECESSARY TO RENDER A
DETERMINATION BY THE COMMISSION.  THE  COMMISSION  IS  VESTED  WITH  THE
AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS ARTICLE.
  S  1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND
IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS-
DICTION OVER:  1. ALL AUTHORIZED COMBATIVE SPORTS;
  2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO  ANY  AND  ALL
PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS;
  3.  ALL  DETERMINATIONS  REGARDING  THE  AUTHORIZATION  OF AMATEUR AND
PROFESSIONAL SANCTIONING ENTITIES;
  4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT  MAIN-
TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS;
  5.  THE  PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT
PROVIDED FOR IN THIS ARTICLE; AND
  6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK.
  7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL.
  S 1005. OFFICERS AND EMPLOYEES OF THE  COMMISSION.  THE  SECRETARY  OF
STATE  MAY  APPOINT,  AND  AT  HIS  OR HER PLEASURE REMOVE, AN EXECUTIVE

S. 5949                             4

DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH  OTHER
EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR.
  S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU-
LATIONS  ESTABLISHING  A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND
APPROVED BY THE COMMISSION AS  AUTHORIZED  SANCTIONING  ENTITIES  FOR  A
PERIOD  OF  TIME  TO  BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE
ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT  COMBATIVE  SPORTS  WITHIN
THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION,
LIMIT  THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY
TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES,
AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION  OF  THE
FOREGOING  BASED  ON  THE  QUALIFICATIONS,  INTEGRITY AND HISTORY OF THE
ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY.
  2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO:
  (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE;
  (B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN  COMBATIVE  SPORTS  TO
USE HAND, FOOT AND GROIN PROTECTION;
  (C)  WHETHER  THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES
THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT  WHEN  ANY  PARTICIPANT
HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS-
ICAL INJURY; AND
  (D)  WHETHER  THE  ENTITY  HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE
APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS.
  S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE  PROVIDED
IN  SECTIONS  ONE  THOUSAND  SIX,  ONE THOUSAND ELEVEN, AND ONE THOUSAND
SEVENTEEN OF THIS ARTICLE, WITH RESPECT TO ALL  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORTS  IN  THIS  STATE, ALL CORPORATIONS, ENTITIES, PERSONS,
REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS,  PROFESSIONALS,  AND  THEIR
MANAGERS,  TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION. NO
SUCH CORPORATION, ENTITY OR PERSON SHALL BE  PERMITTED  TO  PARTICIPATE,
EITHER  DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY
PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART  FOR
THE  USE  OF  PROFESSIONAL  BOXERS  OR  PROFESSIONAL  MIXED MARTIAL ARTS
PARTICIPANTS, UNLESS  SUCH  CORPORATION  OR  PERSONS  SHALL  HAVE  FIRST
PROCURED  A  LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH
BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES.
  2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A  FORM  PRESCRIBED  BY
THE   COMMISSION,  SHALL  BE  ADDRESSED  TO  THE  COMMISSION,  SHALL  BE
SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER  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.
  3.  (A)  THE  COMMISSION  SHALL  ESTABLISH  REASONABLE FEES, TERMS AND
RENEWAL TERMS FOR LICENSES,  PERMITS  AND  OTHER  AUTHORIZATIONS  ISSUED
PURSUANT  TO  THIS  ARTICLE,  PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL
TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF  THE
LAWS  OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO,
IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL  REMAIN  FIXED
AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT
OF  THIS  ARTICLE.  THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE
AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE
COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL  OF
THE DIRECTOR OF THE BUDGET.

S. 5949                             5

  (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO
PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  WHEN  SUCH  FEES  ARE PAYABLE IN
RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS,
THE FOLLOWING SHALL APPLY:
  (I)  BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS NOT
MORE THAN TWO THOUSAND FIVE HUNDRED, THE PROMOTER  SHALL  PAY  NOT  MORE
THAN FIVE HUNDRED DOLLARS;
  (II)  BY  PROMOTERS,  FOR  CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS;
  (III) BY PROMOTERS, FOR CONTESTS HELD WHERE THE  SEATING  CAPACITY  IS
GREATER  THAN  FIVE  THOUSAND,  BUT  NOT MORE THAN FIFTEEN THOUSAND, THE
PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS;
  (IV) BY PROMOTERS, FOR CONTESTS HELD WHERE  THE  SEATING  CAPACITY  IS
GREATER  THAN  FIFTEEN THOUSAND, BUT NOT MORE THAN TWENTY-FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS;
  (V) BY PROMOTERS, FOR CONTESTS HELD  WHERE  THE  SEATING  CAPACITY  IS
GREATER  THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN
THREE THOUSAND DOLLARS;
  (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS;
  (VII) FOR PROFESSIONAL PARTICIPANTS, MANAGERS AND  TRAINERS  NOT  MORE
THAN FIFTY DOLLARS; AND
  (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS.
  4.  ANY  LICENSE,  TEMPORARY WORK PERMIT OR OTHER AUTHORIZATION ISSUED
UNDER THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY  THE
COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE
JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE
OR  ORDER  OF  THE  COMMISSION,  DEMONSTRATED CONDUCT DETRIMENTAL TO THE
INTERESTS OF AUTHORIZED COMBATIVE SPORTS  GENERALLY  OR  TO  THE  PUBLIC
INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF
THE HEALTH AND SAFETY OF THE LICENSEE.
  (A)  ANY  LICENSEE  WHO SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN A
COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION
PHYSICIAN, BE SUSPENDED BY THE COMMISSION, FOR A  PERIOD  DETERMINED  BY
THE  COMMISSION,  AND SHALL FORFEIT HIS OR HER LICENSE TO THE COMMISSION
DURING SUCH PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO  THE  LICENSEE
UNTIL  HE  OR  SHE  HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR
REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN
HIS OR HER LICENSE BY A COMMISSION OFFICIAL.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  IF  ANY  OTHER  STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT
STATE,  THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO SUCH
LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  S 1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN  SECTIONS
ONE  THOUSAND  SIX  AND  ONE  THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY A
PERSON LICENSED BY THE COMMISSION, AS  A  COMBATIVE  SPORTS  JUDGE,  MAY
JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG-
ES  FOR  ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER THE JURISDIC-
TION OF THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM  A  LIST
OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION.
  2.  ANY  PARTICIPANT  IN  A PROFESSIONAL COMBATIVE SPORT OR HIS OR HER
MANAGER MAY PROTEST THE ASSIGNMENT OF A  JUDGE  TO  A  CONTEST  AND  THE
PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF
SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY
REJECTED.

S. 5949                             6

  3.  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. THE COMMISSION SHALL ESTABLISH  CONTINUING  EDUCATION  PROGRAMS
AND  REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE
CERTIFIED AS HAVING COMPLETED A TRAINING  PROGRAM  AS  APPROVED  BY  THE
COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION.
  4.  EACH  PERSON  SEEKING  A  LICENSE TO JUDGE AUTHORIZED PROFESSIONAL
COMBATIVE SPORTS IN THE 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 CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS,
INCLUDING  FINANCIAL  RESPONSIBILITY.  WITHIN  FORTY-EIGHT  HOURS OF ANY
MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH  THE
COMMISSION  A  FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS
SHALL BE ACCEPTABLE TO THE COMMISSION.
  S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT  AS  OTHERWISE  PROVIDED  IN
SECTIONS  ONE  THOUSAND  SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE,
ONLY ENTITIES LICENSED BY  THE  COMMISSION  MAY  CONDUCT  AN  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  WITHIN THE STATE. THE COMMISSION MAY, IN
ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR  HOLD  AUTHORIZED  PROFES-
SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON
OR  CORPORATION  DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR-
IZED, UNDER THE LAWS OF THE STATE OF NEW YORK.
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH
SUCH COMBATIVE SPORT IS TO BE HELD.
  (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT  TO  ANY  ENTITY
HOLDING  A  LICENSE  ISSUED  HEREUNDER,  THE PRIVILEGE OF HOLDING SUCH A
MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER
LOCATION, THAN THE PREMISES  OR  LOCATION  PREVIOUSLY  APPROVED  BY  THE
COMMISSION,  SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES
AND REGULATIONS OF THE COMMISSION.
  2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND  IN  ACCORDANCE  WITH
REGULATIONS  ADOPTED  BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY
OF PROFESSIONALS IN TRAINING, ISSUE A  LICENSE  TO  OPERATE  A  TRAINING
FACILITY  PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN
PART FOR THE USE OF PROFESSIONAL COMBATIVE  SPORTS  PARTICIPANTS.  AT  A
MINIMUM, ANY SUCH REGULATION SHALL REQUIRE:
  (I)  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-PULMO-
NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY  IS  OPEN  FOR
TRAINING PURPOSES;
  (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS;
  (III)  ADEQUATE  VENTILATION  AND  LIGHTING OF ACCESSIBLE AREAS OF THE
TRAINING FACILITY;
  (IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION  OF  SMOKING
IN  TRAINING  AREAS,  INCLUDING  PROVISIONS  FOR  ITS ENFORCEMENT BY THE
FACILITY OPERATOR;
  (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
  (VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR  COMBA-
TIVE SPORTS WILL BE HELD; AND

S. 5949                             7

  (VII)  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 ENTITY 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.
  S  1010.  LICENSES;  PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN
SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE  THOUSAND  SEVEN-
TEEN  OF  THIS  ARTICLE,  ONLY  PERSONS LICENSED BY THE COMMISSION SHALL
COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
  2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE  TO
PARTICIPATE  IN  COMBATIVE  SPORTS  UNDER  THIS  ARTICLE SHALL UNDERGO A
COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM-
INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION.  IF, AT THE TIME  OF
SUCH  EXAMINATION,  THERE  IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY
OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL  SHALL
BE  REQUIRED  TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO-
GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY  EQUIVALENT
PROCEDURES.  THE  COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL
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'S  PERMANENT  MEDICAL  RECORD AS MAINTAINED BY THE
COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS FOR  PROFESSIONAL  BOXERS
SHALL  BE  ASSUMED  BY THE STATE IF SUCH EXAMINATIONS ARE PERFORMED BY A
PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION; THE  COSTS  OF  ALL
SUCH EXAMINATIONS FOR PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS SHALL
BE  ASSUMED  BY  THE  APPLICANT  OR PROMOTER WITH WHICH THE PROFESSIONAL
MIXED MARTIAL ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER.
  3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A  CONDITION
OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING
TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL-
ITY  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 PROFESSIONALS SHALL BE CONSIDERED  CONFIDEN-
TIAL,  AND  SHALL  BE  OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS
AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER  UPON
WRITTEN  APPLICATION  TO  EXAMINE  SAID  RECORDS, OR UPON THE ORDER OF A
COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE.
  S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE  TEMPORARY
WORKING  PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS.
A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE  HOLDER
OF  SUCH  PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE
SPORT AT A SPECIFIED TIME AND PLACE. THE  COMMISSION  MAY  REQUIRE  THAT
PROFESSIONALS  APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL
EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO-
NANCE IMAGING  OR  MEDICALLY  EQUIVALENT  PROCEDURE.  TEMPORARY  WORKING
PERMITS  SHALL  EXPIRE  UPON  THE  COMPLETION  OF  THE SINGLE AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  AND  ANY   SUBSEQUENT   EVALUATIONS   OR
INSPECTIONS  REQUIRED  BY  THE  COMMISSION.   THE FEE FOR SUCH TEMPORARY
WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE.
  S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS  JUDGMENT
MAY  EXEMPT  FROM  LICENSING  UNDER  THIS  ARTICLE ANY TRAINING FACILITY
PROVIDING CONTACT SPARRING ESTABLISHED AND  MAINTAINED  ON  A  TEMPORARY

S. 5949                             8

BASIS  FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR-
IZED COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE  OF
NEW YORK.
  S  1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD CREATED
PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN  HUNDRED
TWENTY,  AND  SUBSEQUENT  AMENDMENTS THERETO IS HEREBY CONTINUED WITHOUT
INTERRUPTION. IT SHALL REMAIN A DIVISION OF THE STATE  ATHLETIC  COMMIS-
SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR.
THE  GOVERNOR  SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF THE
ADVISORY BOARD. THE TERM OF A MEMBER  THEREAFTER  APPOINTED,  EXCEPT  TO
FILL  A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM OF
HIS PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE  CHAIRPERSON
OF  THE  ADVISORY  BOARD, THE GOVERNOR SHALL DESIGNATE SUCH SUCCESSOR OR
OTHER MEMBER OF THE ADVISORY BOARD AS CHAIRPERSON. A  VACANCY  OCCURRING
OTHERWISE  THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT BY
THE GOVERNOR FOR THE REMAINDER ONLY OF THE  TERM.  EACH  MEMBER  OF  THE
ADVISORY  BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE STATE
OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST
FIVE YEARS' EXPERIENCE IN THE PRACTICE OF HIS  OR  HER  PROFESSION.  THE
MEMBERS  OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY BE
FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND
SHALL BE  ALLOWED  AND  PAID  NECESSARY  TRAVELING  AND  OTHER  EXPENSES
INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE-
UNDER.
  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  PROFESSIONALS  INCLUDING,
WITHOUT  LIMITATION,  PRE-FIGHT AND POST-FIGHT EXAMINATIONS AND PERIODIC
COMPREHENSIVE EXAMINATIONS. THE BOARD SHALL  CONTINUE  TO  SERVE  IN  AN
ADVISORY  CAPACITY  TO  THE COMMISSION AND FROM TIME TO TIME PREPARE AND
SUBMIT TO THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL  REGULATIONS  AND
STANDARDS  OF  EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD THE PHYS-
ICAL WELFARE OF PROFESSIONALS LICENSED BY THE COMMISSION.  THE  ADVISORY
BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED
PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE
PURPOSE  OF  CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS AND OTHER
SERVICES AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH  PHYSICIANS,
IF  SO  EMPLOYED,  SHALL RECEIVE COMPENSATION AS FIXED BY THE COMMISSION
WITHIN AMOUNTS APPROPRIATED THEREFOR. THE PROVISIONS OF  SECTION  SEVEN-
TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO:
  (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND
  (B)  IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION TO
PROFESSIONALS.
  3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND  APPROPRIATE  MEDICAL
EDUCATION  PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT
OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE  AND
ACT  UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN
A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH.
  4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE  OF
EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS.
  5.  THE  ADVISORY  BOARD  SHALL  ADVISE THE COMMISSION ON ANY STUDY OF
EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE
THE SAFETY OF PROFESSIONALS.
  S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.    THE
COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS THAT:

S. 5949                             9

  1.  ESTABLISH  PARAMETERS  AND  LIMITATIONS  ON WEIGHTS AND CLASSES OF
PROFESSIONALS;
  2.  ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION OF
ROUNDS;
  3. ESTABLISH THE REQUIREMENTS FOR THE PRESENCE OF  MEDICAL  EQUIPMENT,
MEDICAL  PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN EMER-
GENCY MEDICAL PLAN;
  4. ESTABLISH RESPONSIBILITIES OF  ALL  LICENSEES  BEFORE,  DURING  AND
AFTER AN EVENT;
  5. DEFINE UNSPORTSMANLIKE PRACTICES;
  6.  ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE, REMUNERATION
OR PURSE, OR ANY PART THEREOF BASED ON  THE  CONDUCT  OF  PROFESSIONALS,
THEIR MANAGERS AND SECONDS;
  7.  ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED EQUIP-
MENT ITEMS UTILIZED BY PROFESSIONALS;
  8. ESTABLISH PARAMETERS AND STANDARDS FOR RINGS, COMBAT  SURFACES  AND
APPURTENANCES THERETO; AND
  9.  ESTABLISH  SUCH  OTHER  RULES  AND  CONDITIONS AS ARE NECESSARY TO
EFFECTUATE THE COMMISSION'S PURPOSE.
  S 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1.    ALL
BUILDINGS  OR  STRUCTURES  USED  OR  INTENDED  TO BE USED FOR CONDUCTING
AUTHORIZED PROFESSIONAL COMBATIVE SPORTS 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.
  2. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN  ANY
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORTS, AND NO PERSON UNDER SIXTEEN
YEARS OF AGE SHALL BE  PERMITTED  TO  ATTEND  THEREAT  AS  A  SPECTATOR,
PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT-
TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN.
  3.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS  ARTICLE,  AT  EACH  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORT,  EXCEPT  WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES,
THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE  WHO  SHALL  DIRECT
AND  CONTROL  THE  SAME. THERE SHALL ALSO BE IN ATTENDANCE, EXCEPT WHERE
CONDUCTED SOLELY FOR TRAINING PURPOSES, THREE DULY LICENSED  JUDGES  WHO
SHALL  AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL COMBATIVE
SPORT RENDER THEIR DECISION. THE WINNER SHALL BE DETERMINED  IN  ACCORD-
ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.
  4.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS  ARTICLE,  THE  COMMISSION  SHALL  DIRECT  AN
EMPLOYEE  OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED.  SUCH EMPLOYEE OF THE
COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE  SAME
IN  THE  MANNER AND FORM PRESCRIBED BY THE COMMISSION.  WHERE AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY
OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO  MUST
BE COMPLIED WITH.
  5.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE  MUST  BE
INSPECTED  AND  APPROVED  BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF
ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT.
  6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED
BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING  OR

S. 5949                            10

COMBAT  SURFACE  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 CORPORATION CONDUCTING THE AUTHORIZED
PROFESSIONAL COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY  OF
EVERY  PERSON  OR  CORPORATION LICENSED TO CONDUCT AN AUTHORIZED PROFES-
SIONAL COMBATIVE SPORT,  TO  HAVE  IN  ATTENDANCE  AT  EVERY  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT, 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.
  7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS  RECEIVED
SEVERE  PUNISHMENT  OR  IS  IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE
EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN  SHALL  IMMEDIATELY
RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR
HOSPITALIZATION  IF  REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE
COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER-
EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT  THE  INJURED  PROFESSIONAL
AND  HIS  OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT
TO A HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS  SUCH  PHYSI-
CIAN  DEEMS  ADVISABLE.  ANY  PROFESSIONAL  LICENSED  UNDER THIS ARTICLE
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 EXAM-
INATIONS BY A NEUROLOGIST INCLUDING BUT NOT LIMITED  TO  MAGNETIC  RESO-
NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE.
  8.  SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AUTHORIZED
PROFESSIONAL COMBATIVE SPORT AND MAY TERMINATE THE MATCH IF  IN  HIS  OR
HER  OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR SERI-
OUS PHYSICAL INJURY TO A PROFESSIONAL.
  9. BEFORE A LICENSE SHALL BE GRANTED TO A  PERSON  OR  CORPORATION  TO
CONDUCT  AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT SHALL
EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT  TO  BE
DETERMINED  BY THE COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY
OF SURETIES THEREON BY THE  SECRETARY  OF  STATE,  CONDITIONED  FOR  THE
FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI-
CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING
AND  APPROVAL  OF  SAID  BOND THE SECRETARY OF STATE SHALL ISSUE TO SAID
APPLICANT A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE,  BY
SAID  APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICA-
TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF-
ICATE 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  ATTORNEY-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.
  10.  IN  ADDITION  TO  THE  BOND  REQUIRED BY SUBDIVISION NINE OF THIS
SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN  AUTHORIZED  PROFES-
SIONAL  COMBATIVE  SPORT  SHALL  EXECUTE  AND FILE WITH THE SECRETARY OF
STATE A BOND IN AN AMOUNT TO BE  DETERMINED  BY  THE  COMMISSION  TO  BE
APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY
OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS'
AND  PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED

S. 5949                            11

BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING  TICKETS  AND
ALL ADVERTISING MATERIAL.
  11.  ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS
OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER
FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE
PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR-
ING IN AUTHORIZED PROFESSIONAL COMBATIVE  SPORTS  OR  WRESTLING  EXHIBI-
TIONS.  SUCH  ACCIDENT  INSURANCE  OR  FINANCIAL GUARANTEE SHALL PROVIDE
COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND  HOSPI-
TAL  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 FIFTY THOUSAND DOLLARS TO
THE  ESTATE  OF  ANY  DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY
INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN  WHICH
SUCH  LICENSED  PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER
THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL,  SURGI-
CAL  AND  HOSPITAL  CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR
THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A  PROGRAM
OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI-
ABLE,  CAUSAL  LINK  EXISTS  BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC-
IPATION IN SUCH PROGRAM AND THE  LIFE-THREATENING  BRAIN  INJURY.  WHERE
APPLICABLE,  PROFESSIONAL  LICENSEES  SHALL  BE  AFFORDED  THE OPTION TO
SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL  GUARAN-
TEE  TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS
SUBDIVISION.  THE COMMISSION MAY FROM TIME  TO  TIME,  PROMULGATE  REGU-
LATIONS  TO  ADJUST  THE  AMOUNT  OF SUCH MINIMUM LIMITS. THE FAILURE TO
PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE
FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF  SUCH  DEFAULTING
ENTITY.
  12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY
PROFESSIONAL  OR  AMATEUR  COMBATIVE  SPORT,  INCLUDING ANY PROFESSIONAL
WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED  OR
RECEIVED,  SHALL  NOTIFY  THE  ATHLETIC  COMMISSION AT LEAST TEN DAYS IN
ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO  ANY
SUCH  PROFESSIONAL  OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING
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.
  (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES OR OFFICERS OF THE COMMISSION  SHALL  ACT  AS  AGENTS  OF  THE
COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI-
CLE  NINETEEN  OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE
COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL
ASSISTANCE AS MAY BE NECESSARY FOR THE  PROPER  ADMINISTRATION  OF  SUCH
TAX.
  S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS
OR  OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT
OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION
A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY  STATING  (A)  ALL
CHARGES,  EXPENSES,  FEES,  AND  COSTS THAT WILL BE ASSESSED AGAINST ANY
PROFESSIONAL PARTICIPATING IN THE EVENT;  (B)  ALL  PAYMENTS,  BENEFITS,
COMPLIMENTARY  BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE
FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF  THE  PROMOTER;  (D)
SPONSOR  OF  THE  EVENT;  AND  (E) ALL OTHER SOURCES, AND SUCH OTHER AND
ADDITIONAL INFORMATION AS  REQUIRED  BY  THE  COMMISSION.  SUCH  WRITTEN

S. 5949                            12

STATEMENT  SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS-
SION.
  2.  THE  PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE  PROFESSIONALS
FOR  A  CONTEST  MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER
PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR
THROUGH THE PROMOTER  ON  THE  PROFESSIONAL  PERTAINING  TO  THE  EVENT,
INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL
RECEIVE  AND  TRAINING  EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE
PROMOTER IS PROVIDING TO ANY SANCTIONING  ORGANIZATION  AFFILIATED  WITH
THE  EVENT.  SUCH  WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER
ACCEPTABLE TO THE COMMISSION.
  3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT  PARTICIPATES  IN
THE  PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS
FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY  AGREEMENT  IN
WRITING  TO  WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC-
IPATING IN THE MATCH.
  4. ALL CONTRACTS CALLING FOR THE SERVICES  OF  A  PROFESSIONAL  IN  AN
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORT  AND ENTERED INTO BY LICENSED
PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF  THE  PARTIES  IN
SUCH  CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO
DISTRIBUTE, TELEVISE OR OTHERWISE TRANSMIT ANY  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORT  OVER  THE AIRWAVES OR BY CABLE SHALL BE SUBJECT TO THE
APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE  FILED  WITH  THE
COMMISSION   BY   SUCH   CORPORATION,  PROFESSIONAL  OR  MANAGER  WITHIN
FORTY-EIGHT HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST  TEN
BUSINESS  DAYS  PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES OF BOUTS,
TO WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE  FOR
GOOD CAUSE SHOWN.
  S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS
ARTICLE,  "PROFESSIONAL  WRESTLING"  SHALL  MEAN  AN  ACTIVITY  IN WHICH
PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF  PROVID-
ING  ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE
ATHLETIC CONTEST OR COMPETITION.
  2. EVERY PERSON, PARTNERSHIP OR  CORPORATION  PROMOTING  ONE  OR  MORE
PROFESSIONAL  WRESTLING  EXHIBITIONS  IN THIS STATE SHALL BE REQUIRED TO
OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS
SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE  COMMISSION  PURSUANT
TO  RULE  AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE.
EACH APPLICANT SHALL PAY AN ANNUAL FEE  ESTABLISHED  BY  THE  COMMISSION
PURSUANT TO RULE.
  3.  A  LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE
STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN  ADVANCE
OF  THE  HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND
FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU-
SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER-
EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT  OF
PROFESSIONAL  WRESTLER'S  PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY
THE COMMISSION, THE LEGITIMATE EXPENSES  OF  PRINTING  TICKETS  AND  ALL
ADVERTISING  MATERIAL,  PAYMENTS  TO  SPONSORING  ORGANIZATIONS, AND THE
APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX.
  4. A LICENSED PROMOTER OF A PROFESSIONAL  WRESTLING  EXHIBITION  SHALL
PROVIDE  FOR  A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND
SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR  TO  EACH  PERFORMANCE,
AND  EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD-
ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION.

S. 5949                            13

  5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES  SIX
OR  MORE  EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE
AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A  WRITTEN  COPY  OF  THE
PLAN.  EACH  SUCH  PLAN  SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE
DEFINED  IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH PLAN
SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING:
  (A) DISSEMINATION OF EDUCATIONAL MATERIALS TO  PROFESSIONAL  WRESTLERS
WHO  PERFORM  FOR ANY SUCH PROMOTER INCLUDING A LIST OF PROHIBITED DRUGS
AND AVAILABLE REHABILITATION SERVICES; AND
  (B) A REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL  WRESTLER  TO
OBTAIN REHABILITATION SERVICES.
  S  1018.  PROHIBITED  CONDUCT. 1. NO CORPORATION OR PERSON SHALL HAVE,
EITHER DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A  PROFESSIONAL
BOXER  COMPETING  ON  PREMISES  OWNED  OR  LEASED  BY THE CORPORATION OR
PERSON, OR IN WHICH SUCH CORPORATION OR PERSON IS  OTHERWISE  INTERESTED
EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.
  2.  NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL BE
PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE
COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS
OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR.
  3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY
PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR
SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY  SHAM  OR
COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF
HIS  OR  HER  LICENSE  BY THE COMMISSION AND ANY OTHER APPROPRIATE LEGAL
REMEDIES.
  4. NO LICENSED PROMOTER OR MATCHMAKER  SHALL  KNOWINGLY  ENGAGE  IN  A
COURSE  OF  CONDUCT  IN WHICH FIGHTS ARE ARRANGED WHERE ONE PROFESSIONAL
HAS SKILLS OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF  THE  OTHER  PROFES-
SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO
THE PROFESSIONAL.
  S  1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM
A PROHIBITED COMBATIVE SPORT 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 PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION.
  2. ANY PERSON WHO KNOWINGLY ADVANCES  OR  PROFITS  FROM  A  PROHIBITED
COMBATIVE  SPORT  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-FIVE  THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THERE-
FROM 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.
  3. ANY PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY  CONDUCTS  ANY
COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR
HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN
THIS  ARTICLE  SHALL  BE GUILTY OF A MISDEMEANOR. ANY PERSON WHO PARTIC-
IPATES IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER,  TIMEKEEP-
ER,  PROFESSIONAL,  MANAGER,  TRAINER,  OR  SECOND  WITHOUT FIRST HAVING
PROCURED AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR  WHERE
SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF
A  MISDEMEANOR.  ANY  PERSON,  PARTNERSHIP OR CORPORATION WHO PROMOTES A
PROFESSIONAL WRESTLING MATCH OR EXHIBITION IN THE  STATE  WITHOUT  FIRST
HAVING  PROCURED  AN  APPROPRIATE LICENSE IN ACCORDANCE WITH SECTION ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR.

S. 5949                            14

  4. ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED  OR
OTHERWISE  AUTHORIZED  UNDER  THE PROVISIONS OF THIS ARTICLE, THAT SHALL
KNOWINGLY VIOLATE ANY RULE OR ORDER OF THE COMMISSION OR  ANY  PROVISION
OF  THIS  ARTICLE,  IN  ADDITION TO ANY OTHER PENALTY BY LAW PRESCRIBED,
SHALL  BE  LIABLE  TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS
FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR
THE SECOND AND EACH SUBSEQUENT OFFENSE, 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 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.  FOR  THE PURPOSES OF THIS SECTION, EACH TRANS-
ACTION OR STATUTORY  VIOLATION  SHALL  CONSTITUTE  A  SEPARATE  OFFENSE,
EXCEPT  THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST
UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT
PROCEEDING.
  5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED  PURSU-
ANT  TO  SUBDIVISION  TWO  OF SECTION ONE THOUSAND NINE OF THIS ARTICLE,
WHICH INFRACTION MAY INCLUDE MORE THAN  ONE  INDIVIDUAL  VIOLATION,  THE
COMMISSION  MAY  IMPOSE  A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS
FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL-
ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED.   ON  THE
SECOND  SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO
FIVE HUNDRED DOLLARS FOR  EACH  HEALTH  AND  SAFETY  VIOLATION  AND  MAY
SUSPEND   THE   TRAINING  FACILITY'S  LICENSE  UNTIL  THE  VIOLATION  OR
VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT
INFRACTIONS, THE COMMISSION MAY IMPOSE A  CIVIL  FINE  OF  UP  TO  SEVEN
HUNDRED  FIFTY  DOLLARS  FOR  EACH  HEALTH  AND SAFETY VIOLATION AND MAY
REVOKE THE TRAINING FACILITY'S LICENSE.
  6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING  TO  FULLY
COMPLY  WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND
FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY  OF  FIVE  HUNDRED
DOLLARS  TO  BE  COLLECTED  BY AND PAID TO THE DEPARTMENT OF STATE.  ANY
INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM  OPERAT-
ING  ANY  SHOWS  OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS
SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE  NINE-
TEEN OF THE TAX LAW HAVE BEEN PAID.
  7.  ALL  PENALTIES  IMPOSED  AND  COLLECTED BY THE COMMISSION FROM ANY
CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS  OF
THIS  ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER
AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER-
EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY.
  S 1020. SUBPOENAS BY COMMISSION;  OATHS.  THE  COMMISSION  SHALL  HAVE
AUTHORITY  TO  ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF
THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE  OF  WITNESSES  BEFORE  THE
COMMISSION.  A  SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY
THE CIVIL PRACTICE LAW AND RULES.
  S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS  PROVIDED
IN  SUBDIVISION  TWELVE  OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE
SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING  OR  BOXING  CONTEST  OR
EXHIBITION  CONDUCTED  UNDER  THE  SUPERVISION OR THE CONTROL OF THE NEW
YORK STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE  CONTESTANTS
ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION
WHERE  THE  CONTESTANTS  ARE  ALL  AMATEURS,  SPONSORED BY AND UNDER THE
SUPERVISION OF ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER  INSTITUTION  OF
LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY

S. 5949                            15

BUSINESS  ENTITY  INCORPORATED FOR THE PURPOSES OF PROVIDING INSTRUCTION
AND EVALUATION IN A COMBATIVE SPORT TO CUSTOMERS  FOR  THE  PURPOSES  OF
HEALTH  AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR PARTICIPATION
IN  AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO
ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE  ALL  AMATEURS
SPONSORED  BY  AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI-
ATION OR, IN THE CASE OF BOXING, THE U.S.  AMATEUR BOXING FEDERATION  OR
ITS  LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS
TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE,  TO  ANY  PROFESSIONAL
WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID-
UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS
OR  EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE
STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT  TO
THIS  SECTION  MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR
ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS.
  S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION  SHALL
BE  PAID  INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM
THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS
PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW.
  S 3. 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:
  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] AUTHORIZED
COMBATIVE SPORT held in this state, and without any deduction whatsoever
for commissions, brokerage, distribution fees, advertising or any  other
expenses, charges and recoupments in respect thereto.
  S 4. Section 451 of the tax law is amended by adding a new subdivision
4 to read as follows:
  4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR-
IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW.
  S  5. 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 AUTHORIZED COMBATIVE SPORT IN THIS  STATE,  OTHER  THAN  ANY
PROFESSIONAL  OR  AMATEUR  BOXING,  SPARRING  OR WRESTLING EXHIBITION OR
MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS:
  (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS  FROM  TICKET  SALES;
AND
  (B)  THREE  PERCENT OF THE SUM OF (I) GROSS RECEIPTS FROM BROADCASTING
RIGHTS, AND (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER  THE  INTER-

S. 5949                            16

NET,  EXCEPT  THAT  IN  NO EVENT SHALL SUCH TAX IMPOSED PURSUANT TO THIS
SUBDIVISION EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S  6.    The article heading of article 19 of the tax law, as added by
chapter 833 of the laws of 1987, is amended to read as follows:
         [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
                               SPORTS TAX
  S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
amended by section 100 of part A of chapter 389 of the laws of 1997,  is
amended to read as follows:
  (1)  Any  admission charge where such admission charge is in excess of
ten cents to or for the use of any place  of  amusement  in  the  state,
except  charges for admission to race tracks[, boxing, sparring or wres-
tling matches or exhibitions] OR  COMBATIVE  SPORTS  which  charges  are
taxed  under  any  other  law of this state, or dramatic or musical arts
performances, or live circus performances, or motion  picture  theaters,
and  except  charges to a patron for admission to, or use of, facilities
for sporting activities in which such patron is  to  be  a  participant,
such  as  bowling  alleys  and swimming pools. For any person having the
permanent use or possession of a box or seat or a lease  or  a  license,
other  than  a season ticket, for the use of a box or seat at a place of
amusement, the tax shall be upon the amount for which a similar  box  or
seat is sold for each performance or exhibition at which the box or seat
is used or reserved by the holder, licensee or lessee, and shall be paid
by the holder, licensee or lessee.
  S  8.   The section heading of section 1820 of the tax law, as amended
by section 32 of subpart I of part V-1 of chapter  57  of  the  laws  of
2009, is amended to read as follows:
  [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax.
  S 9.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
beverage  control  law,  as added by chapter 254 of the laws of 2001, is
amended to read as follows:
  (b) The prohibition contained in paragraph (a)  of  this  subdivision,
however,  shall  not be applied to any [professional match or exhibition
which consists of boxing, sparring, wrestling, or martial arts and which
is excepted from the definition of the term "combative sport"  contained
in  subdivision  one of section five-a of chapter nine hundred twelve of
the laws of nineteen hundred twenty, as added by chapter fourteen of the
laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT.
  S 10. The department of  state,  with  the  assistance  of  the  state
athletic  commission,  medical advisory board, departments of health and
financial services, state insurance fund, division of  budget  and  such
other  state entities as appropriate, shall carefully consider potential
mechanisms to provide financial resources for the  payment  of  expenses
related  to  medical  and rehabilitative care for professionals licensed
under article forty-one of  the  general  business  law  who  experience
debilitating  brain  injuries  associated  with repetitive head injuries
sustained through their participation in combative sports.  The  depart-
ment  of  state may consult and contract with third parties for services
in the course of this review. The department of state shall  report  its
findings and recommendations to the governor, temporary president of the
senate  and speaker of the assembly within eighteen months of the effec-
tive date of this section.  In addition to the foregoing, within  twelve
months of the effective date of this section, the state athletic commis-
sion shall make any recommendations to the governor, temporary president
of  the senate and speaker of the assembly regarding legislative changes
which may be necessary to effectuate the  purpose  and  intent  of  this

S. 5949                            17

chapter,  including,  but not limited to, appropriate adjustments to the
insurance requirements contained therein.
  S  11.  This act shall take effect on the first day of the first month
next succeeding the one hundred twentieth day after it shall have become
a law and shall apply to gross receipts from combative sports held on or
after that date; provided, however, that the addition, amendment  and/or
repeal of any rule or regulation of the state athletic commission neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.

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

                                 5949--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 12, 2015
                               ___________

Introduced by Sens. GRIFFO, GOLDEN, PARKER, AVELLA, CROCI, FUNKE, KENNE-
  DY,  MARTINS,  MURPHY,  PANEPINTO,  RITCHIE  -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee  --  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 the general business law, the tax law, and the alcoholic
  beverage control law, in relation to authorized combative sports;  and
  to  repeal chapter 912 of the laws of 1920, relating to the regulation
  of boxing, sparring, and wrestling

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

  Section  1. Chapter 912 of the laws of 1920 relating to the regulation
of boxing, sparring, and wrestling is REPEALED.
  S 2. Article 40 and sections 900 and 901 of the general business  law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article
43  and  sections  1200  and 1201, respectively, and a new article 41 is
added to read as follows:
                               ARTICLE 41
                            COMBATIVE SPORTS
SECTION 1000. DEFINITIONS.
        1001. COMBATIVE SPORTS AUTHORIZED.
        1002. COMBATIVE SPORTS PROHIBITED.
        1003. STATE ATHLETIC COMMISSION.
        1004. JURISDICTION OF THE COMMISSION.
        1005. OFFICERS AND EMPLOYEES OF THE COMMISSION.
        1006. SANCTIONING ENTITIES.
        1007. LICENSES; GENERAL PROVISIONS.
        1008. LICENSES; JUDGES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05199-11-6

S. 5949--B                          2

        1009. LICENSES; ENTITIES.
        1010. LICENSES; PROFESSIONALS.
        1011. TEMPORARY WORKING PERMITS.
        1012. TEMPORARY TRAINING FACILITIES.
        1013. MEDICAL ADVISORY BOARD.
        1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1016. REQUIRED FILINGS.
        1017. PROFESSIONAL WRESTLING; PROMOTERS.
        1018. PROHIBITED CONDUCT.
        1019. PENALTIES.
        1020. SUBPOENAS BY COMMISSION; OATHS.
        1021. EXCEPTIONS.
        1022. DISPOSITION OF RECEIPTS.
  S  1000.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY
PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO
IS NOT RECEIVING OR  COMPETING  FOR,  AND  WHO  HAS  NEVER  RECEIVED  OR
COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF
VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED
BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION.
  2.  "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE
AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY  THE
COMMISSION.
  3.  "COMBATIVE  SPORT"  MEANS  ANY UNARMED BOUT, CONTEST, COMPETITION,
MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN  AUDIENCE,  WHEREIN  THE
PARTICIPANTS  PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND
TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF  ANOTHER  PARTIC-
IPANT,  AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV-
ITIES.
  4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN
SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR  EMPLOYEE  OF
THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF.
  5.  "MIXED  MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF
ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT-
ING DISCIPLINE.
  6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE  SPORT  AUTHOR-
IZED  PURSUANT  TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING
OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR,  ANY  PURSE,
MONEY,  PRIZE,  PECUNIARY  GAIN,  OR  OTHER THING EXCEEDING SEVENTY-FIVE
DOLLARS IN VALUE.
  S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED  UNDER
THE  SUPERVISION  OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR-
IZED SANCTIONING ENTITY, OR AS PROVIDED  FOR  IN  SECTION  ONE  THOUSAND
TWENTY-ONE  OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE
SPORTS INCLUDE, AMATEUR AND PROFESSIONAL  BOXING,  WRESTLING,  SPARRING,
KICK  BOXING,  SINGLE  DISCIPLINE  MARTIAL  ARTS AND MIXED MARTIAL ARTS,
PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  S 1002. COMBATIVE SPORTS  PROHIBITED.  1.  THE  CONDUCT  OF  COMBATIVE
SPORTS  OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC-
TIONING ENTITY IS PROHIBITED.
  2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN,  ACTING  OTHER
THAN  AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS
ANY UNAUTHORIZED COMBATIVE SPORT.  SUCH  CONDUCT  INCLUDES  BUT  IS  NOT
LIMITED  TO  CONDUCT  DIRECTED  TOWARD  THE  CREATION,  ESTABLISHMENT OR
PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE  ACQUISITION  OR
MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR,

S. 5949--B                          3

TOWARD  THE  SOLICITATION  OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC-
IPATE THEREIN, TOWARD THE ACTUAL CONDUCT  OF  THE  PERFORMANCE  THEREOF,
TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR
TOWARD  ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT.  ONE ADVANCES A
PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER
AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE
FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH  TO
OCCUR  OR  CONTINUE  OR  MAKES  NO  EFFORT  TO PREVENT ITS OCCURRENCE OR
CONTINUATION.
  3. A PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE  OR  SHE
ACCEPTS  OR  RECEIVES MONEY OR OTHER PROPERTY WITH INTENT TO PARTICIPATE
IN THE PROCEEDS OF A PROHIBITED  COMBATIVE  SPORT,  OR  PURSUANT  TO  AN
AGREEMENT  OR  UNDERSTANDING  WITH  ANY PERSON WHEREBY HE OR SHE PARTIC-
IPATES OR IS TO PARTICIPATE IN THE PROCEEDS OF  A  PROHIBITED  COMBATIVE
SPORT.
  S  1003.  STATE ATHLETIC COMMISSION. 1. THE STATE ATHLETIC COMMISSION,
AS NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN  HUNDRED
TWENTY,  AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF NINETEEN
HUNDRED EIGHTY-ONE, IS CONTINUED AS A  DIVISION  OF  THE  DEPARTMENT  OF
STATE.  THE  COMMISSION  SHALL  ACT  IN  THE BEST INTERESTS OF COMBATIVE
SPORTS. THE COMMISSION IS ENACTED TO  PROTECT  THE  HEALTH,  SAFETY  AND
GENERAL  WELFARE  OF ALL PARTICIPANTS IN COMBATIVE SPORTS AND SPECTATORS
THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS
OF LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF  SANCTION-
ING  ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE CONDUCT
OF COMBATIVE SPORTS THROUGHOUT THE ENTIRE STATE.  THE  COMMISSION  SHALL
CONSIST  OF  FIVE  MEMBERS WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND
WITH THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL  DESIGNATE
ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION.  THE MEMBERS OF THE
COMMISSION  SHALL  BE APPOINTED FOR TERMS OF THREE YEARS. ANY VACANCY IN
THE MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION  OF
TERM  SHALL  BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE MEMBER IN
WHOSE POSITION THE VACANCY OCCURS.
  2. THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY  TRAVEL-
ING  AND  OTHER  EXPENSES  INCURRED  BY THEM IN THE PERFORMANCE OF THEIR
OFFICIAL DUTIES. THE MEMBERS OF THE COMMISSION SHALL ADOPT  A  SEAL  FOR
THE  COMMISSION,  AND  MAKE  SUCH  RULES FOR THE ADMINISTRATION OF THEIR
OFFICE, NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND  THEY
MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION
SHALL  CONSTITUTE  A  QUORUM  TO  DO  BUSINESS; AND THE CONCURRENCE OF A
MAJORITY OF THE COMMISSIONERS PRESENT SHALL BE  NECESSARY  TO  RENDER  A
DETERMINATION  BY  THE  COMMISSION.  THE  COMMISSION  IS VESTED WITH THE
AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS ARTICLE.
  S 1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE  AND
IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS-
DICTION OVER:  1. ALL AUTHORIZED COMBATIVE SPORTS;
  2.  ALL  LICENSES  OR PERMITS GRANTED BY THE COMMISSION TO ANY AND ALL
PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS;
  3. ALL DETERMINATIONS  REGARDING  THE  AUTHORIZATION  OF  AMATEUR  AND
PROFESSIONAL SANCTIONING ENTITIES;
  4.  ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT MAIN-
TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS;
  5. THE PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO  THE  EXTENT
PROVIDED FOR IN THIS ARTICLE; AND

S. 5949--B                          4

  6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK.
  7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL.
  S  1005.  OFFICERS  AND  EMPLOYEES OF THE COMMISSION. THE SECRETARY OF
STATE MAY APPOINT, AND AT HIS  OR  HER  PLEASURE  REMOVE,  AN  EXECUTIVE
DIRECTOR,  DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH OTHER
EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR.
  S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU-
LATIONS ESTABLISHING A PROCESS BY WHICH ENTITIES MAY BE  RECOGNIZED  AND
APPROVED  BY  THE  COMMISSION  AS  AUTHORIZED SANCTIONING ENTITIES FOR A
PERIOD OF TIME TO BE ESTABLISHED BY THE  COMMISSION,  DURING  WHICH  THE
ENTITY  WILL  BE  ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS WITHIN
THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION,
LIMIT THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING  ENTITY
TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES,
AMATEUR  OR  PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION OF THE
FOREGOING BASED ON THE QUALIFICATIONS,  INTEGRITY  AND  HISTORY  OF  THE
ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY.
  2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO:
  (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE;
  (B)  WHETHER  THE  ENTITY REQUIRES PARTICIPANTS IN COMBATIVE SPORTS TO
USE HAND, FOOT AND GROIN PROTECTION;
  (C) WHETHER THE ENTITY HAS AN ESTABLISHED SET OF RULES  THAT  REQUIRES
THE  IMMEDIATE  TERMINATION  OF ANY COMBATIVE SPORT WHEN ANY PARTICIPANT
HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS-
ICAL INJURY; AND
  (D) WHETHER THE ENTITY HAS ESTABLISHED  PROTOCOLS  TO  EFFECTUATE  THE
APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS.
  S  1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE PROVIDED
IN SECTIONS ONE THOUSAND SIX, ONE  THOUSAND  ELEVEN,  AND  ONE  THOUSAND
SEVENTEEN  OF  THIS ARTICLE, WITH RESPECT TO ALL AUTHORIZED PROFESSIONAL
COMBATIVE SPORTS IN THIS STATE,  ALL  CORPORATIONS,  ENTITIES,  PERSONS,
REFEREES,  JUDGES,  MATCH-MAKERS,  TIMEKEEPERS, PROFESSIONALS, AND THEIR
MANAGERS, TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION.  NO
SUCH  CORPORATION,  ENTITY  OR PERSON SHALL BE PERMITTED TO PARTICIPATE,
EITHER DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL  COMBATIVE
SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY
PROVIDING  CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR
THE USE OF  PROFESSIONAL  BOXERS  OR  PROFESSIONAL  MIXED  MARTIAL  ARTS
PARTICIPANTS,  UNLESS  SUCH  CORPORATION  OR  PERSONS  SHALL  HAVE FIRST
PROCURED A LICENSE FROM THE COMMISSION. THE COMMISSION  SHALL  ESTABLISH
BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES.
  2.  EVERY  APPLICATION  FOR A LICENSE SHALL BE IN A FORM PRESCRIBED BY
THE  COMMISSION,  SHALL  BE  ADDRESSED  TO  THE  COMMISSION,  SHALL   BE
SUBSCRIBED  BY  THE  APPLICANT, AND AFFIRMED BY HIM OR HER 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.
  3. (A) THE COMMISSION  SHALL  ESTABLISH  REASONABLE  FEES,  TERMS  AND
RENEWAL  TERMS  FOR  LICENSES,  PERMITS  AND OTHER AUTHORIZATIONS ISSUED
PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER,  THAT  ALL  TERMS,  RENEWAL
TERMS  AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE
LAWS OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS  THERETO,
IMMEDIATELY  PRIOR  TO THE ENACTMENT OF THIS ARTICLE, SHALL REMAIN FIXED
AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT

S. 5949--B                          5

OF THIS ARTICLE. THE COMMISSION SHALL PUBLISH ALL  FEES,  INCLUDING  THE
AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE
COMMISSION  PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL OF
THE DIRECTOR OF THE BUDGET.
  (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO
PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  WHEN  SUCH  FEES  ARE PAYABLE IN
RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS,
THE FOLLOWING SHALL APPLY:
  (I) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS  NOT
MORE  THAN  TWO  THOUSAND  FIVE HUNDRED, THE PROMOTER SHALL PAY NOT MORE
THAN FIVE HUNDRED DOLLARS;
  (II) BY PROMOTERS, FOR CONTESTS HELD WHERE  THE  SEATING  CAPACITY  IS
GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS;
  (III)  BY  PROMOTERS,  FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIVE THOUSAND, BUT NOT  MORE  THAN  FIFTEEN  THOUSAND,  THE
PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS;
  (IV)  BY  PROMOTERS,  FOR  CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIFTEEN THOUSAND, BUT NOT MORE THAN  TWENTY-FIVE  THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS;
  (V)  BY  PROMOTERS,  FOR  CONTESTS  HELD WHERE THE SEATING CAPACITY IS
GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE  THAN
THREE THOUSAND DOLLARS;
  (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS;
  (VII)  FOR  PROFESSIONAL  PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE
THAN FIFTY DOLLARS; AND
  (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS.
  4. ANY LICENSE, TEMPORARY WORK PERMIT OR  OTHER  AUTHORIZATION  ISSUED
UNDER  THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE
JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE
OR ORDER OF THE COMMISSION,  DEMONSTRATED  CONDUCT  DETRIMENTAL  TO  THE
INTERESTS  OF  AUTHORIZED  COMBATIVE  SPORTS  GENERALLY OR TO THE PUBLIC
INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF
THE HEALTH AND SAFETY OF THE LICENSEE.
  (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL  KNOCKOUT  IN  A
COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION
PHYSICIAN,  BE  SUSPENDED  BY THE COMMISSION, FOR A PERIOD DETERMINED BY
THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO  THE  COMMISSION
DURING  SUCH  PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE
UNTIL HE OR SHE HAS MET ALL REQUIREMENTS,  MEDICAL  AND  OTHERWISE,  FOR
REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN
HIS OR HER LICENSE BY A COMMISSION OFFICIAL.
  (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, IF ANY OTHER STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT
STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO  SUCH
LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  S  1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS
ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN  OF  THIS  ARTICLE,  ONLY  A
PERSON  LICENSED  BY  THE  COMMISSION,  AS A COMBATIVE SPORTS JUDGE, MAY
JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG-
ES FOR ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER  THE  JURISDIC-
TION  OF  THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM A LIST
OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION.
  2. ANY PARTICIPANT IN A PROFESSIONAL COMBATIVE SPORT  OR  HIS  OR  HER
MANAGER  MAY  PROTEST  THE  ASSIGNMENT  OF  A JUDGE TO A CONTEST AND THE

S. 5949--B                          6

PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF
SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY
REJECTED.
  3.  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. THE COMMISSION SHALL ESTABLISH  CONTINUING  EDUCATION  PROGRAMS
AND  REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE
CERTIFIED AS HAVING COMPLETED A TRAINING  PROGRAM  AS  APPROVED  BY  THE
COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION.
  4.  EACH  PERSON  SEEKING  A  LICENSE TO JUDGE AUTHORIZED PROFESSIONAL
COMBATIVE SPORTS IN THE 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 CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS,
INCLUDING  FINANCIAL  RESPONSIBILITY.  WITHIN  FORTY-EIGHT  HOURS OF ANY
MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH  THE
COMMISSION  A  FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS
SHALL BE ACCEPTABLE TO THE COMMISSION.
  S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT  AS  OTHERWISE  PROVIDED  IN
SECTIONS  ONE  THOUSAND  SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE,
ONLY ENTITIES LICENSED BY  THE  COMMISSION  MAY  CONDUCT  AN  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  WITHIN THE STATE. THE COMMISSION MAY, IN
ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR  HOLD  AUTHORIZED  PROFES-
SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON
OR  CORPORATION  DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR-
IZED, UNDER THE LAWS OF THE STATE OF NEW YORK.
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH
SUCH COMBATIVE SPORT IS TO BE HELD.
  (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT  TO  ANY  ENTITY
HOLDING  A  LICENSE  ISSUED  HEREUNDER,  THE PRIVILEGE OF HOLDING SUCH A
MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER
LOCATION, THAN THE PREMISES  OR  LOCATION  PREVIOUSLY  APPROVED  BY  THE
COMMISSION,  SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES
AND REGULATIONS OF THE COMMISSION.
  2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND  IN  ACCORDANCE  WITH
REGULATIONS  ADOPTED  BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY
OF PROFESSIONALS IN TRAINING, ISSUE A  LICENSE  TO  OPERATE  A  TRAINING
FACILITY  PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN
PART FOR THE USE OF PROFESSIONAL COMBATIVE  SPORTS  PARTICIPANTS.  AT  A
MINIMUM, ANY SUCH REGULATION SHALL REQUIRE:
  (I)  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-PULMO-
NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY  IS  OPEN  FOR
TRAINING PURPOSES;
  (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS;
  (III)  ADEQUATE  VENTILATION  AND  LIGHTING OF ACCESSIBLE AREAS OF THE
TRAINING FACILITY;
  (IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION  OF  SMOKING
IN  TRAINING  AREAS,  INCLUDING  PROVISIONS  FOR  ITS ENFORCEMENT BY THE
FACILITY OPERATOR;
  (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;

S. 5949--B                          7

  (VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR  COMBA-
TIVE SPORTS WILL BE HELD; AND
  (VII)  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 ENTITY 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.
  S  1010.  LICENSES;  PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN
SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE  THOUSAND  SEVEN-
TEEN  OF  THIS  ARTICLE,  ONLY  PERSONS LICENSED BY THE COMMISSION SHALL
COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
  2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE  TO
PARTICIPATE  IN  COMBATIVE  SPORTS  UNDER  THIS  ARTICLE SHALL UNDERGO A
COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM-
INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION.  IF, AT THE TIME  OF
SUCH  EXAMINATION,  THERE  IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY
OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL  SHALL
BE  REQUIRED  TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO-
GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY  EQUIVALENT
PROCEDURES.  THE  COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL
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'S  PERMANENT  MEDICAL  RECORD AS MAINTAINED BY THE
COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS FOR  PROFESSIONAL  BOXERS
SHALL  BE  ASSUMED  BY THE STATE IF SUCH EXAMINATIONS ARE PERFORMED BY A
PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION; THE  COSTS  OF  ALL
SUCH EXAMINATIONS FOR PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS SHALL
BE  ASSUMED  BY  THE  APPLICANT  OR PROMOTER WITH WHICH THE PROFESSIONAL
MIXED MARTIAL ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER.
  3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A  CONDITION
OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING
TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL-
ITY  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 PROFESSIONALS SHALL BE CONSIDERED  CONFIDEN-
TIAL,  AND  SHALL  BE  OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS
AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER  UPON
WRITTEN  APPLICATION  TO  EXAMINE  SAID  RECORDS, OR UPON THE ORDER OF A
COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE.
  S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE  TEMPORARY
WORKING  PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS.
A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE  HOLDER
OF  SUCH  PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE
SPORT AT A SPECIFIED TIME AND PLACE. THE  COMMISSION  MAY  REQUIRE  THAT
PROFESSIONALS  APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL
EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO-
NANCE IMAGING  OR  MEDICALLY  EQUIVALENT  PROCEDURE.  TEMPORARY  WORKING
PERMITS  SHALL  EXPIRE  UPON  THE  COMPLETION  OF  THE SINGLE AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  AND  ANY   SUBSEQUENT   EVALUATIONS   OR
INSPECTIONS  REQUIRED  BY  THE  COMMISSION.   THE FEE FOR SUCH TEMPORARY
WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE.

S. 5949--B                          8

  S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS  JUDGMENT
MAY  EXEMPT  FROM  LICENSING  UNDER  THIS  ARTICLE ANY TRAINING FACILITY
PROVIDING CONTACT SPARRING ESTABLISHED AND  MAINTAINED  ON  A  TEMPORARY
BASIS  FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR-
IZED  COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF
NEW YORK.
  S 1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD  CREATED
PURSUANT  TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY, AND SUBSEQUENT AMENDMENTS THERETO IS  HEREBY  CONTINUED  WITHOUT
INTERRUPTION.  IT  SHALL REMAIN A DIVISION OF THE STATE ATHLETIC COMMIS-
SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR.
THE GOVERNOR SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON  OF  THE
ADVISORY  BOARD.  THE  TERM  OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO
FILL A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM  OF
HIS  PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE CHAIRPERSON
OF THE ADVISORY BOARD, THE GOVERNOR SHALL DESIGNATE  SUCH  SUCCESSOR  OR
OTHER  MEMBER  OF THE ADVISORY BOARD AS CHAIRPERSON. A VACANCY OCCURRING
OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT  BY
THE  GOVERNOR  FOR  THE  REMAINDER  ONLY OF THE TERM. EACH MEMBER OF THE
ADVISORY BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE  STATE
OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST
FIVE  YEARS'  EXPERIENCE  IN  THE PRACTICE OF HIS OR HER PROFESSION. THE
MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY  BE
FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND
SHALL  BE  ALLOWED  AND  PAID  NECESSARY  TRAVELING  AND  OTHER EXPENSES
INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE-
UNDER.
  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 PROFESSIONALS INCLUDING,
WITHOUT LIMITATION, PRE-FIGHT AND POST-FIGHT EXAMINATIONS  AND  PERIODIC
COMPREHENSIVE  EXAMINATIONS.  THE  BOARD  SHALL  CONTINUE TO SERVE IN AN
ADVISORY CAPACITY TO THE COMMISSION AND FROM TIME TO  TIME  PREPARE  AND
SUBMIT  TO  THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL REGULATIONS AND
STANDARDS OF EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD  THE  PHYS-
ICAL  WELFARE  OF PROFESSIONALS LICENSED BY THE COMMISSION. THE ADVISORY
BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED
PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE
PURPOSE OF CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS  AND  OTHER
SERVICES  AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH PHYSICIANS,
IF SO EMPLOYED, SHALL RECEIVE COMPENSATION AS FIXED  BY  THE  COMMISSION
WITHIN  AMOUNTS  APPROPRIATED THEREFOR. THE PROVISIONS OF SECTION SEVEN-
TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO:
  (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND
  (B) IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION  TO
PROFESSIONALS.
  3.  THE  ADVISORY BOARD SHALL DEVELOP OR RECOMMEND APPROPRIATE MEDICAL
EDUCATION PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE  CONDUCT
OF  AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE AND
ACT UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS  IN
A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH.
  4.  THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE OF
EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS.
  5. THE ADVISORY BOARD SHALL ADVISE THE  COMMISSION  ON  ANY  STUDY  OF
EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE
THE SAFETY OF PROFESSIONALS.

S. 5949--B                          9

  S  1014.  REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.  THE
COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS THAT:
  1.  ESTABLISH  PARAMETERS  AND  LIMITATIONS  ON WEIGHTS AND CLASSES OF
PROFESSIONALS;
  2. ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION  OF
ROUNDS;
  3.  ESTABLISH  THE REQUIREMENTS FOR THE PRESENCE OF MEDICAL EQUIPMENT,
MEDICAL PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN  EMER-
GENCY MEDICAL PLAN;
  4.  ESTABLISH  RESPONSIBILITIES  OF  ALL  LICENSEES BEFORE, DURING AND
AFTER AN EVENT;
  5. DEFINE UNSPORTSMANLIKE PRACTICES;
  6. ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE,  REMUNERATION
OR  PURSE,  OR  ANY  PART THEREOF BASED ON THE CONDUCT OF PROFESSIONALS,
THEIR MANAGERS AND SECONDS;
  7. ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED  EQUIP-
MENT ITEMS UTILIZED BY PROFESSIONALS;
  8.  ESTABLISH  PARAMETERS AND STANDARDS FOR RINGS, COMBAT SURFACES AND
APPURTENANCES THERETO; AND
  9. ESTABLISH SUCH OTHER RULES  AND  CONDITIONS  AS  ARE  NECESSARY  TO
EFFECTUATE THE COMMISSION'S PURPOSE.
  S  1015.  CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1.  ALL
BUILDINGS OR STRUCTURES USED OR  INTENDED  TO  BE  USED  FOR  CONDUCTING
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORTS 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.
  2.  NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY
AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO  PERSON  UNDER  SIXTEEN
YEARS  OF  AGE  SHALL  BE  PERMITTED  TO  ATTEND THEREAT AS A SPECTATOR,
PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT-
TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN.
  3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF  THIS  ARTICLE,  AT EACH AUTHORIZED PROFESSIONAL
COMBATIVE SPORT, EXCEPT WHERE CONDUCTED SOLELY  FOR  TRAINING  PURPOSES,
THERE  SHALL  BE  IN ATTENDANCE A DULY LICENSED REFEREE WHO SHALL DIRECT
AND CONTROL THE SAME. THERE SHALL ALSO BE IN  ATTENDANCE,  EXCEPT  WHERE
CONDUCTED  SOLELY  FOR TRAINING PURPOSES, THREE DULY LICENSED JUDGES WHO
SHALL AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL  COMBATIVE
SPORT  RENDER  THEIR DECISION. THE WINNER SHALL BE DETERMINED IN ACCORD-
ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.
  4. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF  THIS  ARTICLE,  THE  COMMISSION SHALL DIRECT AN
EMPLOYEE OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE  AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED.  SUCH EMPLOYEE OF THE
COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR-
IZED  PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE SAME
IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION.   WHERE  AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY
OWNED  ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST
BE COMPLIED WITH.
  5. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF THIS ARTICLE, ANY RING OR COMBAT SURFACE MUST BE
INSPECTED AND APPROVED BY THE COMMISSION PRIOR TO  THE  COMMENCEMENT  OF
ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT.

S. 5949--B                         10

  6.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, ALL PROFESSIONALS MUST  BE  EXAMINED
BY  A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING OR
COMBAT SURFACE 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 CORPORATION CONDUCTING THE AUTHORIZED
PROFESSIONAL COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY  OF
EVERY  PERSON  OR  CORPORATION LICENSED TO CONDUCT AN AUTHORIZED PROFES-
SIONAL COMBATIVE SPORT,  TO  HAVE  IN  ATTENDANCE  AT  EVERY  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT, 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.
  7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS  RECEIVED
SEVERE  PUNISHMENT  OR  IS  IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE
EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN  SHALL  IMMEDIATELY
RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR
HOSPITALIZATION  IF  REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE
COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER-
EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT  THE  INJURED  PROFESSIONAL
AND  HIS  OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT
TO A HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS  SUCH  PHYSI-
CIAN  DEEMS  ADVISABLE.  ANY  PROFESSIONAL  LICENSED  UNDER THIS ARTICLE
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 EXAM-
INATIONS BY A NEUROLOGIST INCLUDING BUT NOT LIMITED  TO  MAGNETIC  RESO-
NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE.
  8.  SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AUTHORIZED
PROFESSIONAL COMBATIVE SPORT AND MAY TERMINATE THE MATCH IF  IN  HIS  OR
HER  OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR SERI-
OUS PHYSICAL INJURY TO A PROFESSIONAL.
  9. BEFORE A LICENSE SHALL BE GRANTED TO A  PERSON  OR  CORPORATION  TO
CONDUCT  AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT SHALL
EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT  TO  BE
DETERMINED  BY THE COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY
OF SURETIES THEREON BY THE  SECRETARY  OF  STATE,  CONDITIONED  FOR  THE
FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI-
CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING
AND  APPROVAL  OF  SAID  BOND THE SECRETARY OF STATE SHALL ISSUE TO SAID
APPLICANT A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE,  BY
SAID  APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICA-
TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF-
ICATE 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  ATTORNEY-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.
  10.  IN  ADDITION  TO  THE  BOND  REQUIRED BY SUBDIVISION NINE OF THIS
SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN  AUTHORIZED  PROFES-
SIONAL  COMBATIVE  SPORT  SHALL  EXECUTE  AND FILE WITH THE SECRETARY OF
STATE A BOND IN AN AMOUNT TO BE  DETERMINED  BY  THE  COMMISSION  TO  BE
APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY

S. 5949--B                         11

OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS'
AND  PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED
BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING  TICKETS  AND
ALL ADVERTISING MATERIAL.
  11.  ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS
OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER
FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE
PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR-
ING IN AUTHORIZED PROFESSIONAL COMBATIVE  SPORTS  OR  WRESTLING  EXHIBI-
TIONS.  SUCH  ACCIDENT  INSURANCE  OR  FINANCIAL GUARANTEE SHALL PROVIDE
COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND  HOSPI-
TAL  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 FIFTY THOUSAND DOLLARS TO
THE  ESTATE  OF  ANY  DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY
INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN  WHICH
SUCH  LICENSED  PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER
THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL,  SURGI-
CAL  AND  HOSPITAL  CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR
THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A  PROGRAM
OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI-
ABLE,  CAUSAL  LINK  EXISTS  BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC-
IPATION IN SUCH PROGRAM AND THE  LIFE-THREATENING  BRAIN  INJURY.  WHERE
APPLICABLE,  PROFESSIONAL  LICENSEES  SHALL  BE  AFFORDED  THE OPTION TO
SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL  GUARAN-
TEE  TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS
SUBDIVISION.  THE COMMISSION MAY FROM TIME  TO  TIME,  PROMULGATE  REGU-
LATIONS  TO  ADJUST  THE  AMOUNT  OF SUCH MINIMUM LIMITS. THE FAILURE TO
PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE
FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF  SUCH  DEFAULTING
ENTITY.
  12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY
PROFESSIONAL  OR  AMATEUR  COMBATIVE  SPORT,  INCLUDING ANY PROFESSIONAL
WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED  OR
RECEIVED,  SHALL  NOTIFY  THE  ATHLETIC  COMMISSION AT LEAST TEN DAYS IN
ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO  ANY
SUCH  PROFESSIONAL  OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING
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.
  (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES OR OFFICERS OF THE COMMISSION  SHALL  ACT  AS  AGENTS  OF  THE
COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI-
CLE  NINETEEN  OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE
COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL
ASSISTANCE AS MAY BE NECESSARY FOR THE  PROPER  ADMINISTRATION  OF  SUCH
TAX.
  S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS
OR  OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT
OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION
A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY  STATING  (A)  ALL
CHARGES,  EXPENSES,  FEES,  AND  COSTS THAT WILL BE ASSESSED AGAINST ANY
PROFESSIONAL PARTICIPATING IN THE EVENT;  (B)  ALL  PAYMENTS,  BENEFITS,
COMPLIMENTARY  BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE
FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF  THE  PROMOTER;  (D)

S. 5949--B                         12

SPONSOR  OF  THE  EVENT;  AND  (E) ALL OTHER SOURCES, AND SUCH OTHER AND
ADDITIONAL INFORMATION AS  REQUIRED  BY  THE  COMMISSION.  SUCH  WRITTEN
STATEMENT  SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS-
SION.
  2.  THE  PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE  PROFESSIONALS
FOR  A  CONTEST  MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER
PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR
THROUGH THE PROMOTER  ON  THE  PROFESSIONAL  PERTAINING  TO  THE  EVENT,
INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL
RECEIVE  AND  TRAINING  EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE
PROMOTER IS PROVIDING TO ANY SANCTIONING  ORGANIZATION  AFFILIATED  WITH
THE  EVENT.  SUCH  WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER
ACCEPTABLE TO THE COMMISSION.
  3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT  PARTICIPATES  IN
THE  PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS
FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY  AGREEMENT  IN
WRITING  TO  WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC-
IPATING IN THE MATCH.
  4. ALL CONTRACTS CALLING FOR THE SERVICES  OF  A  PROFESSIONAL  IN  AN
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORT  AND ENTERED INTO BY LICENSED
PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF  THE  PARTIES  IN
SUCH  CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO
DISTRIBUTE, TELEVISE OR OTHERWISE TRANSMIT ANY  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORT  OVER  THE AIRWAVES OR BY CABLE SHALL BE SUBJECT TO THE
APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE  FILED  WITH  THE
COMMISSION   BY   SUCH   CORPORATION,  PROFESSIONAL  OR  MANAGER  WITHIN
FORTY-EIGHT HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST  TEN
BUSINESS  DAYS  PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES OF BOUTS,
TO WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE  FOR
GOOD CAUSE SHOWN.
  S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS
ARTICLE,  "PROFESSIONAL  WRESTLING"  SHALL  MEAN  AN  ACTIVITY  IN WHICH
PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF  PROVID-
ING  ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE
ATHLETIC CONTEST OR COMPETITION.
  2. EVERY PERSON, PARTNERSHIP OR  CORPORATION  PROMOTING  ONE  OR  MORE
PROFESSIONAL  WRESTLING  EXHIBITIONS  IN THIS STATE SHALL BE REQUIRED TO
OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS
SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE  COMMISSION  PURSUANT
TO  RULE  AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE.
EACH APPLICANT SHALL PAY AN ANNUAL FEE  ESTABLISHED  BY  THE  COMMISSION
PURSUANT TO RULE.
  3.  A  LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE
STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN  ADVANCE
OF  THE  HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND
FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU-
SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER-
EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT  OF
PROFESSIONAL  WRESTLER'S  PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY
THE COMMISSION, THE LEGITIMATE EXPENSES  OF  PRINTING  TICKETS  AND  ALL
ADVERTISING  MATERIAL,  PAYMENTS  TO  SPONSORING  ORGANIZATIONS, AND THE
APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX.
  4. A LICENSED PROMOTER OF A PROFESSIONAL  WRESTLING  EXHIBITION  SHALL
PROVIDE  FOR  A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND
SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR  TO  EACH  PERFORMANCE,

S. 5949--B                         13

AND  EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD-
ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION.
  5.  EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES SIX
OR MORE EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE  IN  PLACE
AN  ANTI-DRUG  PLAN  AND  FILE WITH THE COMMISSION A WRITTEN COPY OF THE
PLAN. EACH SUCH PLAN SHALL ADDRESS THE USE  OF  A  CONTROLLED  SUBSTANCE
DEFINED  IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH PLAN
SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING:
  (A) DISSEMINATION OF EDUCATIONAL MATERIALS TO  PROFESSIONAL  WRESTLERS
WHO  PERFORM  FOR ANY SUCH PROMOTER INCLUDING A LIST OF PROHIBITED DRUGS
AND AVAILABLE REHABILITATION SERVICES; AND
  (B) A REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL  WRESTLER  TO
OBTAIN REHABILITATION SERVICES.
  S  1018.  PROHIBITED  CONDUCT. 1. NO CORPORATION OR PERSON SHALL HAVE,
EITHER DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A  PROFESSIONAL
BOXER  COMPETING  ON  PREMISES  OWNED  OR  LEASED  BY THE CORPORATION OR
PERSON, OR IN WHICH SUCH CORPORATION OR PERSON IS  OTHERWISE  INTERESTED
EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.
  2.  NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL BE
PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE
COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS
OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR.
  3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY
PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR
SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY  SHAM  OR
COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF
HIS  OR  HER  LICENSE  BY THE COMMISSION AND ANY OTHER APPROPRIATE LEGAL
REMEDIES.
  4. NO LICENSED PROMOTER OR MATCHMAKER  SHALL  KNOWINGLY  ENGAGE  IN  A
COURSE  OF  CONDUCT  IN WHICH FIGHTS ARE ARRANGED WHERE ONE PROFESSIONAL
HAS SKILLS OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF  THE  OTHER  PROFES-
SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO
THE PROFESSIONAL.
  S  1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM
A PROHIBITED COMBATIVE SPORT 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 PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION.
  2. ANY PERSON WHO KNOWINGLY ADVANCES  OR  PROFITS  FROM  A  PROHIBITED
COMBATIVE  SPORT  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-FIVE  THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THERE-
FROM 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.
  3. ANY PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY  CONDUCTS  ANY
COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR
HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN
THIS  ARTICLE  SHALL  BE GUILTY OF A MISDEMEANOR. ANY PERSON WHO PARTIC-
IPATES IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER,  TIMEKEEP-
ER,  PROFESSIONAL,  MANAGER,  TRAINER,  OR  SECOND  WITHOUT FIRST HAVING
PROCURED AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR  WHERE
SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF
A  MISDEMEANOR.  ANY  PERSON,  PARTNERSHIP OR CORPORATION WHO PROMOTES A
PROFESSIONAL WRESTLING MATCH OR EXHIBITION IN THE  STATE  WITHOUT  FIRST

S. 5949--B                         14

HAVING  PROCURED  AN  APPROPRIATE LICENSE IN ACCORDANCE WITH SECTION ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR.
  4.  ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR
OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS  ARTICLE,  THAT  SHALL
KNOWINGLY  VIOLATE  ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION
OF THIS ARTICLE, IN ADDITION TO ANY OTHER  PENALTY  BY  LAW  PRESCRIBED,
SHALL  BE  LIABLE  TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS
FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR
THE SECOND AND EACH SUBSEQUENT OFFENSE, 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 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.  FOR  THE PURPOSES OF THIS SECTION, EACH TRANS-
ACTION OR STATUTORY  VIOLATION  SHALL  CONSTITUTE  A  SEPARATE  OFFENSE,
EXCEPT  THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST
UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT
PROCEEDING.
  5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED  PURSU-
ANT  TO  SUBDIVISION  TWO  OF SECTION ONE THOUSAND NINE OF THIS ARTICLE,
WHICH INFRACTION MAY INCLUDE MORE THAN  ONE  INDIVIDUAL  VIOLATION,  THE
COMMISSION  MAY  IMPOSE  A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS
FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL-
ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED.   ON  THE
SECOND  SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO
FIVE HUNDRED DOLLARS FOR  EACH  HEALTH  AND  SAFETY  VIOLATION  AND  MAY
SUSPEND   THE   TRAINING  FACILITY'S  LICENSE  UNTIL  THE  VIOLATION  OR
VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT
INFRACTIONS, THE COMMISSION MAY IMPOSE A  CIVIL  FINE  OF  UP  TO  SEVEN
HUNDRED  FIFTY  DOLLARS  FOR  EACH  HEALTH  AND SAFETY VIOLATION AND MAY
REVOKE THE TRAINING FACILITY'S LICENSE.
  6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING  TO  FULLY
COMPLY  WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND
FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY  OF  FIVE  HUNDRED
DOLLARS  TO  BE  COLLECTED  BY AND PAID TO THE DEPARTMENT OF STATE.  ANY
INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM  OPERAT-
ING  ANY  SHOWS  OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS
SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE  NINE-
TEEN OF THE TAX LAW HAVE BEEN PAID.
  7.  ALL  PENALTIES  IMPOSED  AND  COLLECTED BY THE COMMISSION FROM ANY
CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS  OF
THIS  ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER
AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER-
EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY.
  S 1020. SUBPOENAS BY COMMISSION;  OATHS.  THE  COMMISSION  SHALL  HAVE
AUTHORITY  TO  ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF
THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE  OF  WITNESSES  BEFORE  THE
COMMISSION.  A  SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY
THE CIVIL PRACTICE LAW AND RULES.
  S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS  PROVIDED
IN  SUBDIVISION  TWELVE  OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE
SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING  OR  BOXING  CONTEST  OR
EXHIBITION  CONDUCTED  UNDER  THE  SUPERVISION OR THE CONTROL OF THE NEW
YORK STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE  CONTESTANTS
ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION
WHERE  THE  CONTESTANTS  ARE  ALL  AMATEURS,  SPONSORED BY AND UNDER THE

S. 5949--B                         15

SUPERVISION OF ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER  INSTITUTION  OF
LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY
BUSINESS  ENTITY  INCORPORATED FOR THE PURPOSES OF PROVIDING INSTRUCTION
AND  EVALUATION  IN  A  COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF
HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR  PARTICIPATION
IN  AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO
ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE  ALL  AMATEURS
SPONSORED  BY  AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI-
ATION OR, IN THE CASE OF BOXING, THE U.S.  AMATEUR BOXING FEDERATION  OR
ITS  LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS
TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE,  TO  ANY  PROFESSIONAL
WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID-
UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS
OR  EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE
STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT  TO
THIS  SECTION  MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR
ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS.
  S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION  SHALL
BE  PAID  INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM
THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS
PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW.
  S 3. 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:
  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] AUTHORIZED
COMBATIVE SPORT held in this state, and without any deduction whatsoever
for commissions, brokerage, distribution fees, advertising or any  other
expenses, charges and recoupments in respect thereto.
  S 4. Section 451 of the tax law is amended by adding a new subdivision
4 to read as follows:
  4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR-
IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW.
  S  5. 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 AUTHORIZED COMBATIVE SPORT IN THIS  STATE,  OTHER  THAN  ANY
PROFESSIONAL  OR  AMATEUR  BOXING,  SPARRING  OR WRESTLING EXHIBITION OR
MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS:
  (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS  FROM  TICKET  SALES;
AND

S. 5949--B                         16

  (B)  THREE  PERCENT OF THE SUM OF (I) GROSS RECEIPTS FROM BROADCASTING
RIGHTS, AND (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER  THE  INTER-
NET,  EXCEPT  THAT  IN  NO EVENT SHALL SUCH TAX IMPOSED PURSUANT TO THIS
PARAGRAPH EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S  6.    The article heading of article 19 of the tax law, as added by
chapter 833 of the laws of 1987, is amended to read as follows:
         [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
                               SPORTS TAX
  S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
amended by section 100 of part A of chapter 389 of the laws of 1997,  is
amended to read as follows:
  (1)  Any  admission charge where such admission charge is in excess of
ten cents to or for the use of any place  of  amusement  in  the  state,
except  charges for admission to race tracks[, boxing, sparring or wres-
tling matches or exhibitions] OR  COMBATIVE  SPORTS  which  charges  are
taxed  under  any  other  law of this state, or dramatic or musical arts
performances, or live circus performances, or motion  picture  theaters,
and  except  charges to a patron for admission to, or use of, facilities
for sporting activities in which such patron is  to  be  a  participant,
such  as  bowling  alleys  and swimming pools. For any person having the
permanent use or possession of a box or seat or a lease  or  a  license,
other  than  a season ticket, for the use of a box or seat at a place of
amusement, the tax shall be upon the amount for which a similar  box  or
seat is sold for each performance or exhibition at which the box or seat
is used or reserved by the holder, licensee or lessee, and shall be paid
by the holder, licensee or lessee.
  S  8.   The section heading of section 1820 of the tax law, as amended
by section 32 of subpart I of part V-1 of chapter  57  of  the  laws  of
2009, is amended to read as follows:
  [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax.
  S 9.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
beverage  control  law,  as added by chapter 254 of the laws of 2001, is
amended to read as follows:
  (b) The prohibition contained in paragraph (a)  of  this  subdivision,
however,  shall  not be applied to any [professional match or exhibition
which consists of boxing, sparring, wrestling, or martial arts and which
is excepted from the definition of the term "combative sport"  contained
in  subdivision  one of section five-a of chapter nine hundred twelve of
the laws of nineteen hundred twenty, as added by chapter fourteen of the
laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT.
  S 10. The department of  state,  with  the  assistance  of  the  state
athletic  commission,  medical advisory board, departments of health and
financial services, state insurance fund, division of  budget  and  such
other  state entities as appropriate, shall carefully consider potential
mechanisms to provide financial resources for the  payment  of  expenses
related  to  medical  and rehabilitative care for professionals licensed
under article forty-one of  the  general  business  law  who  experience
debilitating  brain  injuries  associated  with repetitive head injuries
sustained through their participation in combative sports.  The  depart-
ment  of  state may consult and contract with third parties for services
in the course of this review. The department of state shall  report  its
findings and recommendations to the governor, temporary president of the
senate  and speaker of the assembly within eighteen months of the effec-
tive date of this section.  In addition to the foregoing, within  twelve
months of the effective date of this section, the state athletic commis-
sion shall make any recommendations to the governor, temporary president

S. 5949--B                         17

of  the senate and speaker of the assembly regarding legislative changes
which may be necessary to effectuate the  purpose  and  intent  of  this
chapter,  including,  but not limited to, appropriate adjustments to the
insurance requirements contained therein.
  S  11.  This act shall take effect on the first day of the first month
next succeeding the thirtieth day after it shall have become a  law  and
shall  apply  to  gross  receipts from combative sports held on or after
that date; provided, however, that the addition, amendment and/or repeal
of any rule or regulation of the state athletic commission necessary for
the implementation of this act on its effective date is authorized to be
made on or before such effective date.