Bill Text: NY A03021 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to impose a temporary moratorium on all professional boxing and sparring pending a legislative taskforce investigation on the safety of boxing; and making an appropriation therefor; and providing for the repeal of such provisions upon the expiration thereof

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to tourism, arts and sports development [A03021 Detail]

Download: New_York-2009-A03021-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3021
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
         tee on Tourism, Arts and Sports Development
       AN  ACT  to impose a temporary moratorium on all professional boxing and
         sparring pending a legislative taskforce investigation on  the  safety
         of boxing; and making an appropriation therefor; and providing for the
         repeal of such provisions upon the expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent. The legislature hereby finds  that  the
    2  costs  associated  with  brain  injury and death directly and indirectly
    3  caused during the sport of boxing or sparring  requires  evaluation  and
    4  study.  In the past three years, six professional level boxers have died
    5  from injuries sustained in the ring and several  others  have  sustained
    6  brain injuries.
    7    Wherefore,  the legislature finds that it is in the public interest to
    8  suspend all professional boxing and sparring matches until  a  temporary
    9  state  taskforce  conducts a study on the safety concerns of the public,
   10  promoters and the participants and reports to the state athletic commis-
   11  sion, the governor and the legislature with recommendations for  improv-
   12  ing the safety of the sport.
   13    S  2.  Temporary  moratorium  on  professional  boxing  and  sparring.
   14  Notwithstanding any other provision of law, rule or  regulation  to  the
   15  contrary, there shall be a moratorium on the holding of any professional
   16  boxing  or  sparring matches within the boundaries of New York state and
   17  the issuance of any professional boxing and  sparring  licenses  by  the
   18  state  athletic  commission  pending the findings and recommendations of
   19  the temporary taskforce on safety in boxing and sparring.
   20    S 3. Temporary taskforce on safety in boxing and  sparring.  1.  There
   21  shall be established within the state athletic commission a taskforce to
   22  examine, evaluate and make recommendations regarding safety in the sport
   23  of  boxing  and  sparring.  The  taskforce shall consist of nine members
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05566-01-9
       A. 3021                             2
    1  appointed by the governor, one of whom shall be a current representative
    2  from the state athletic commission, and two of  whom  shall  be  retired
    3  members  of the state athletic commission; two members  appointed on the
    4  recommendation of the speaker of the assembly and one on the recommenda-
    5  tion  of  the minority leader of the assembly; and two members appointed
    6  upon the recommendation of the temporary president of the senate and one
    7  upon the recommendation of the minority leader of the senate.  At  least
    8  one  of  the appointees must be a licensed physician with a specialty in
    9  sport medicine and at least one of the appointees must be an advocate of
   10  safety in sports. The members of the taskforce shall receive no  compen-
   11  sation  for their services, but shall be allowed their actual and neces-
   12  sary expenses incurred in the performance of their duties hereunder.
   13    2. The taskforce shall hold regional public hearings, well  publicized
   14  and  accessible  to the public, within one year of the effective date of
   15  this act. The taskforce shall solicit testimony and  documentation  from
   16  the  medical and public health communities, athletic leagues and associ-
   17  ations, business interests, advocates  for  and  against  the  sport  of
   18  boxing,  and  individuals  affected  by  death and injury caused by such
   19  sport of boxing. To the extent feasible, the taskforce shall be entitled
   20  to request and utilize any resources and data of any court,  department,
   21  division,  board, bureau, commission or agency of the state or any poli-
   22  tical subdivision thereof as it may  reasonably  request  to  carry  out
   23  properly its powers and duties.
   24    3.  The  taskforce  shall evaluate the data and finalize its findings,
   25  conclusions and recommendations within eighteen months of the  effective
   26  date  of  this  act.  The  taskforce's  report shall include, but not be
   27  limited to, recommendations for:
   28    a. safety equipment used in professional boxing and sparring;
   29    b. safety in the rules and procedures of professional boxing and spar-
   30  ring; and
   31    c. safety in the recruitment, training and  promotion  of  boxing  and
   32  sparring as a sport.
   33    Such  report in its final form shall include legislative proposals and
   34  shall be delivered to the governor, the speaker of the assembly and  the
   35  temporary  president  of  the  senate  no later than two years after the
   36  effective date of this act.
   37    S 4. The sum of one hundred thousand dollars ($100,000),  or  so  much
   38  thereof  as may be necessary, is hereby appropriated to pay the expenses
   39  incurred, including personal service, in carrying out the provisions  of
   40  this  act. Such moneys shall be payable out of the state treasury in the
   41  general fund to the credit of the state purposes account after audit  by
   42  and  on  the  warrant  of  the  comptroller  upon  vouchers certified or
   43  approved  by  the  chairperson  of  the  state  athletic  commission  as
   44  prescribed by law.
   45    S  5.  This  act shall take effect immediately and shall expire and be
   46  deemed repealed 2 years after such date.
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