Bill Text: NY S04531 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes protocols for amateur combative sports; establishes procedures for applications for licenses; establishes penalties for violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-01-06 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S04531 Detail]
Download: New_York-2015-S04531-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4531 2015-2016 Regular Sessions I N S E N A T E March 26, 2015 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend chapter 912 of the laws of 1920 relating to the regu- lation of boxing, sparring and wrestling, in relation to establishing protocols for amateur combative sports events in this state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 4 of chapter 912 2 of the laws of 1920 relating to the regulation of boxing, sparring and 3 wrestling, subdivisions 2 and 6 as amended by chapter 437 of the laws of 4 2002 and subdivisions 3, 4 and 5 as added by chapter 603 of the laws of 5 1981, are amended to read as follows: 6 2. The advisory board shall have power and it shall be the duty of the 7 board to prepare and submit to the commission for approval regulations 8 and standards for the physical examination of professional boxers AND 9 AMATEUR COMBATIVE SPORTS PARTICIPANTS including, without limitation, 10 pre-fight and/or post-fight examinations and periodic comprehensive 11 examinations. The board shall continue to serve in an advisory capacity 12 to the commission and from time to time prepare and submit to the 13 commission for approval, such additional regulations and standards of 14 examination as in their judgment will safeguard the physical welfare of 15 professional boxers licensed by the commission. The advisory board shall 16 recommend to the commission from time to time such qualified physicians, 17 for the purpose of conducting physical examinations of professional 18 boxers AND AMATEUR COMBATIVE SPORTS PARTICIPANTS and other services as 19 the rules of the commission shall provide; and shall recommend to the 20 commission a schedule of fees to be paid to physicians for such examina- 21 tions and other services as required by this act. 22 3. The advisory board shall develop appropriate medical education 23 programs for all commission personnel involved in the conduct of boxing EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10193-01-5 S. 4531 2 1 and sparring matches or exhibitions OR AMATEUR COMBATIVE SPORTS MATCHES 2 OR EXHIBITIONS so that such personnel can recognize and act upon 3 evidence of potential or actual adverse medical indications in a partic- 4 ipant prior to or during the course of a match OR EXHIBITION. 5 4. The advisory board shall review the credentials and performance of 6 each commission physician on an annual basis as a condition of reap- 7 pointment of each such physician, including each such physician's 8 comprehension of the medical literature on boxing OR AMATEUR COMBATIVE 9 SPORTS referred to in subdivision five of this section. 10 5. The advisory board shall recommend to the commission a compilation 11 of medical publications on the medical aspects of boxing OR AMATEUR 12 COMBATIVE SPORTS which shall be maintained by the commission and be made 13 available for review to all commission personnel involved in the conduct 14 of any boxing or sparring match or exhibition OR AMATEUR COMBATIVE 15 SPORTS MATCH OR EXHIBITION. 16 6. The advisory board shall also advise the commission on any study of 17 equipment, procedures or personnel which will, in their opinion, promote 18 the safety of boxing participants AND AMATEUR COMBATIVE SPORTS PARTIC- 19 IPANTS. 20 S 2. Section 5-a of chapter 912 of the laws of 1920 relating to the 21 regulation of boxing, sparring and wrestling, as added by chapter 14 of 22 the laws of 1997, is amended to read as follows: 23 S 5-a. Combative sports. 1. DEFINITIONS. AS USED IN THIS SECTION: 24 (A) "BOARD" MEANS MEDICAL ADVISORY BOARD AS ESTABLISHED IN SECTION 25 FOUR OF THIS ACT. 26 (B) A "combative sport" shall mean any AMATEUR OR professional match 27 or exhibition other than boxing, sparring, wrestling or martial arts 28 wherein the contestants deliver, or are not forbidden by the applicable 29 rules thereof from delivering kicks, punches or blows of any kind to the 30 body of an opponent or opponents. For the purposes of this section, the 31 term "martial arts" shall include any professional match or exhibition 32 OF A SINGLE DISCIPLINE sanctioned by AN ORGANIZATION APPROVED BY THE 33 COMMISSION, INCLUDING, BUT NOT LIMITED TO, any of the following organ- 34 izations: U.S. Judo Association, U.S. Judo, Inc., U.S. Judo Federation, 35 U.S. Tae Kwon Do Union, North American Sport Karate Association, U.S.A. 36 Karate Foundation, U.S. Karate, Inc., World Karate Association, Profes- 37 sional Karate Association, Karate International, International Kenpo 38 Association, or World Wide Kenpo Association. The commission [is author- 39 ized to] SHALL promulgate regulations which would establish a process to 40 allow for the inclusion or removal of martial arts organizations from 41 the above list. Such process shall include but not be limited to consid- 42 eration of the following factors: [(a)] (1) is the organization's 43 primary purpose to provide instruction in self defense techniques; [(b)] 44 (2) does the organization require the use of hand, feet and groin 45 protection during any competition or bout; and [(c)] (3) does the organ- 46 ization have an established set of rules that require the immediate 47 termination of any competition or bout when any participant has received 48 severe punishment or is in danger of suffering serious physical injury. 49 (C) "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR 50 IN SECTION ONE OF THIS ACT OR AN AGENT OF THE COMMISSION ACTING ON ITS 51 BEHALF. 52 (D) "AMATEUR COMBATIVE SPORTS PARTICIPANT" OR "PARTICIPANT" SHALL MEAN 53 A COMBATIVE SPORTS FIGHTER WHO COMPETES WITHOUT ANY FORM OF PECUNIARY 54 GAIN PAID THEREFOR, IN ANY CONTEST CONFORMING TO THE RULES, REGULATIONS 55 AND REQUIREMENTS OF THIS SECTION. S. 4531 3 1 2. No PROFESSIONAL combative sport shall be conducted, held or given 2 within the state of New York, and no licenses may be approved by the 3 commission for such matches or exhibitions. 4 3. (a) A person who knowingly advances or profits from a PROFESSIONAL 5 OR AMATEUR combative sport activity shall be guilty of a class A misde- 6 meanor, and shall be guilty of a class E felony if he or she has been 7 convicted in the previous five years of violating this subdivision. 8 (b) A person advances a PROFESSIONAL combative sport activity when, 9 acting other than as a spectator, he or she engages in conduct which 10 materially aids any PROFESSIONAL combative sport. Such conduct includes 11 but is not limited to conduct directed toward the creation, establish- 12 ment or performance of a PROFESSIONAL combative sport, toward the acqui- 13 sition or maintenance of premises, paraphernalia, equipment or apparatus 14 therefor, toward the solicitation or inducement of persons to attend or 15 participate therein, toward the actual conduct of the performance there- 16 of, toward the arrangement of any of its financial or promotional phas- 17 es, or toward any other phase of a combative sport. One advances a 18 PROFESSIONAL combative sport activity when, having substantial proprie- 19 tary or other authoritative control over premises being used with his or 20 her knowledge for purposes of a PROFESSIONAL combative sport activity, 21 he or she permits such to occur or continue or makes no effort to 22 prevent its occurrence or continuation. 23 (c) A person profits from a PROFESSIONAL OR AMATEUR combative sport 24 activity when he or she accepts or receives money or other property with 25 intent to participate in the proceeds of a combative sport activity, or 26 pursuant to an agreement or understanding with any person whereby he or 27 she participates or is to participate in the proceeds of a PROFESSIONAL 28 OR AMATEUR combative sport activity. 29 (d) Any person who knowingly advances or profits from a PROFESSIONAL 30 OR AMATEUR combative sport activity shall also be subject to a civil 31 penalty not to exceed for the first violation ten thousand dollars or 32 twice the amount of gain derived therefrom whichever is greater, or for 33 a subsequent violation twenty thousand dollars or twice the amount of 34 gain derived therefrom whichever is greater. The attorney general is 35 hereby empowered to commence judicial proceedings to recover such penal- 36 ties and to obtain injunctive relief to enforce the provisions of this 37 section. NO AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION SHALL BE 38 CONDUCTED, HELD OR GIVEN WITHIN THE STATE EXCEPT IN ACCORDANCE WITH THE 39 PROVISIONS OF THIS SECTION AND THE RULES AND REGULATIONS PROMULGATED BY 40 THE COMMISSION PURSUANT THERETO. THE COMMISSION SHALL DIRECT A REPRESEN- 41 TATIVE TO BE PRESENT AT EACH PLACE WHERE AMATEUR COMBATIVE SPORTS ARE TO 42 BE HELD PURSUANT TO THE PROVISIONS OF THIS SECTION. SUCH REPRESENTATIVE 43 SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH MATCH OR EXHIBI- 44 TION AND MAKE A WRITTEN REPORT OF THE SAME IN THE MANNER AND FORM 45 PRESCRIBED BY THE COMMISSION. SUCH AMATEUR COMBATIVE SPORTS MATCHES OR 46 EXHIBITIONS MAY BE HELD IN ANY BUILDING FOR WHICH THE COMMISSION IN ITS 47 DISCRETION MAY ISSUE A LICENSE. WHERE SUCH MATCH OR EXHIBITION IS 48 AUTHORIZED TO BE HELD IN A STATE OR CITY OWNED ARMORY, THE PROVISION OF 49 THE MILITARY LAW IN RESPECT THERETO MUST BE COMPLIED WITH, BUT NO SUCH 50 MATCH OR EXHIBITION SHALL BE HELD IN A BUILDING WHOLLY USED FOR RELI- 51 GIOUS SERVICES. 52 4. (A) THE COMMISSION SHALL HAVE AND HEREBY IS VESTED WITH THE SOLE 53 DIRECTION, MANAGEMENT, CONTROL AND JURISDICTION OVER ALL AMATEUR COMBA- 54 TIVE SPORTS MATCHES OR EXHIBITIONS TO BE CONDUCTED, HELD OR GIVEN WITHIN 55 THE STATE OF NEW YORK AND OVER ALL LICENSES TO ANY AND ALL PERSONS WHO 56 PARTICIPATE IN SUCH AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS AND S. 4531 4 1 OVER ANY AND ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS 2 THAT MAINTAIN TRAINING FACILITIES PROVIDING CONTACT SPARRING FOR PERSONS 3 WHO PREPARE FOR PARTICIPATION IN SUCH AMATEUR COMBATIVE SPORTS OR EXHI- 4 BITIONS, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION. 5 (B) THE COMMISSION IS AUTHORIZED AND DIRECTED TO REQUIRE THAT ALL 6 SITES WHEREIN AMATEUR COMBATIVE SPORTS ARE CONDUCTED SHALL COMPLY WITH 7 STATE AND APPLICABLE LOCAL SANITARY CODES APPROPRIATE TO SCHOOL ATHLETIC 8 FACILITIES. 9 5. ALL CORPORATIONS, PERSONS, LIMITED LIABILITY COMPANIES, REFEREES, 10 JUDGES, CORPORATION TREASURERS, AMATEUR COMBATIVE SPORTS PARTICIPANTS, 11 AND PROMOTERS SHALL BE LICENSED BY THE COMMISSION, AND NO SUCH ENTITY 12 SHALL BE PERMITTED TO PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY 13 AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION, OR THE HOLDING THEREOF, 14 UNLESS SUCH ENTITY SHALL HAVE FIRST PROCURED A LICENSE FROM THE COMMIS- 15 SION. THE COMMISSION SHALL ESTABLISH BY RULE AND REGULATION LICENSING 16 STANDARDS FOR REFEREES, JUDGES AND PROMOTERS. ANY MATCH OR EXHIBITION 17 CONFORMING TO THE RULES, REGULATIONS AND REQUIREMENTS OF THIS SECTION 18 SHALL BE DEEMED TO BE AN AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION. 19 6. (A) THE COMMISSION MAY, IN ITS DISCRETION, ISSUE A LICENSE TO 20 CONDUCT OR HOLD AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS, SUBJECT 21 TO THE PROVISIONS HEREOF, TO ANY PERSON, CORPORATION OR LIMITED LIABIL- 22 ITY COMPANY DULY INCORPORATED OR FORMED, HEREINAFTER REFERRED TO AS 23 "ENTITY". 24 (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT 25 CAN FURNISH SUITABLE PREMISES IN WHICH SUCH MATCH OR EXHIBITION IS TO BE 26 HELD. 27 (C) UPON WRITTEN APPLICATION AND THE PAYMENT OF A FEE OF FIVE HUNDRED 28 DOLLARS WHICH MUST ACCOMPANY THE APPLICATION, THE COMMISSION MAY GRANT 29 TO ANY ENTITY HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLD- 30 ING SUCH A MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR 31 IN ANOTHER LOCATION, THAN THE PREMISES OR LOCATION PREVIOUSLY APPROVED 32 BY THE COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE 33 RULES AND REGULATIONS OF THE COMMISSION. 34 (D) ALL PENALTIES IMPOSED AND COLLECTED BY THE COMMISSION FROM ANY 35 ENTITY LICENSED UNDER THE PROVISIONS OF THIS ACT, WHICH FINES AND PENAL- 36 TIES ARE IMPOSED AND COLLECTED UNDER THE AUTHORITY HEREBY VESTED SHALL 37 WITHIN THIRTY DAYS AFTER THE RECEIPT THEREOF BY THE COMMISSION BE PAID 38 BY THEM INTO THE STATE TREASURY. 39 7. EACH APPLICANT FOR A PROMOTER LICENSE SHALL, BEFORE A LICENSE IS 40 ISSUED BY THE COMMISSION, PAY TO THE COMMISSION, AN ANNUAL LICENSE FEE 41 AS FOLLOWS: WHERE THE SEATING CAPACITY IS NOT MORE THAN TWO THOUSAND 42 FIVE HUNDRED, FIVE HUNDRED DOLLARS; WHERE THE SEATING CAPACITY IS MORE 43 THAN TWO THOUSAND FIVE HUNDRED BUT NOT MORE THAN FIVE THOUSAND, ONE 44 THOUSAND DOLLARS; WHERE THE SEATING CAPACITY IS MORE THAN FIVE THOUSAND 45 BUT NOT MORE THAN FIFTEEN THOUSAND, ONE THOUSAND FIVE HUNDRED DOLLARS; 46 WHERE THE SEATING CAPACITY IS MORE THAN FIFTEEN THOUSAND BUT NOT MORE 47 THAN TWENTY-FIVE THOUSAND, TWO THOUSAND FIVE HUNDRED DOLLARS; WHERE THE 48 SEATING CAPACITY IS MORE THAN TWENTY-FIVE THOUSAND, THREE THOUSAND FIVE 49 HUNDRED DOLLARS; REFEREE, ONE HUNDRED DOLLARS; JUDGES, ONE HUNDRED 50 DOLLARS; AND AMATEUR COMBATIVE SPORTS PARTICIPANTS, FIFTY DOLLARS. EACH 51 LICENSE OR RENEWAL THEREOF ISSUED PURSUANT TO THIS SUBDIVISION ON OR 52 AFTER OCTOBER FIRST SHALL BE EFFECTIVE FOR A LICENSE YEAR EXPIRING ON 53 THE THIRTIETH DAY OF SEPTEMBER FOLLOWING THE DATE OF ITS ISSUANCE. THE 54 ANNUAL LICENSE FEE PRESCRIBED BY THIS SUBDIVISION SHALL BE THE LICENSE 55 FEE DUE AND PAYABLE THEREFOR AND SHALL BE PAID IN ADVANCE AT THE TIME 56 APPLICATION IS MADE THEREFOR, AND EACH SUCH LICENSE MAY BE RENEWED FOR S. 4531 5 1 PERIODS OF ONE YEAR UPON THE PAYMENT OF THE ANNUAL LICENSE FEE 2 PRESCRIBED BY THIS SUBDIVISION. WITHIN THREE YEARS FROM THE DATE OF 3 PAYMENT AND UPON THE AUDIT OF THE COMPTROLLER, THE COMMISSION MAY REFUND 4 ANY FEE, UNFORFEITED POSTED GUARANTEE OR TAX PAID PURSUANT TO THIS 5 SECTION, FOR WHICH NO LICENSE IS ISSUED OR NO SERVICE RENDERED OR REFUND 6 THAT PORTION OF THE PAYMENT THAT IS IN EXCESS OF THE AMOUNT PRESCRIBED 7 BY STATUTE. 8 8. (A) EVERY APPLICATION FOR A LICENSE SHALL BE IN WRITING, SHALL BE 9 ADDRESSED TO THE COMMISSION, SHALL BE SUBSCRIBED BY THE APPLICANT, AND 10 AFFIRMED BY HIM AS TRUE UNDER THE PENALTIES OF PERJURY, AND SHALL SET 11 FORTH SUCH FACTS AS THE PROVISIONS HEREOF AND THE RULES AND REGULATIONS 12 OF THE COMMISSION MAY REQUIRE. 13 (B) WHEN AN APPLICATION IS MADE FOR A LICENSE UNDER THIS SECTION, THE 14 COMMISSION MAY CAUSE THE FINGERPRINTS OF SUCH APPLICANT, OR IF SUCH 15 APPLICANT BE A CORPORATION, OF THE OFFICERS OF SUCH CORPORATION, OR IF 16 SUCH APPLICANT BE A LIMITED LIABILITY COMPANY, THE MANAGER OF SUCH 17 LIMITED LIABILITY COMPANY TO BE TAKEN IN DUPLICATE. THE APPLICANT SHALL 18 BE RESPONSIBLE FOR THE COST OF HAVING HIS FINGERPRINTS TAKEN. IF SUCH 19 FINGERPRINTS ARE TAKEN, ONE COPY SHALL BE TRANSMITTED TO THE DIVISION OF 20 CRIMINAL JUSTICE SERVICES IN ACCORDANCE WITH THE RULES AND REGULATIONS 21 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND ONE SHALL REMAIN ON 22 FILE IN THE OFFICE OF THE COMMISSION. NO SUCH FINGERPRINT MAY BE 23 INSPECTED BY ANY PERSON, OTHER THAN A PEACE OFFICER, EXCEPT ON ORDER OF 24 A JUDGE OR JUSTICE OF A COURT OF RECORD. THE DIVISION IS HEREBY AUTHOR- 25 IZED TO TRANSMIT CRIMINAL HISTORY INFORMATION TO THE COMMISSION FOR THE 26 PURPOSES OF THIS PARAGRAPH. THE INFORMATION OBTAINED BY ANY SUCH FING- 27 ERPRINT EXAMINATION SHALL BE FOR THE GUIDANCE OF THE COMMISSION IN THE 28 EXERCISE OF ITS DISCRETION IN GRANTING OR WITHHOLDING THE LICENSE. THE 29 COMMISSION SHALL PROVIDE SUCH APPLICANT WITH A COPY OF HIS OR HER CRIMI- 30 NAL HISTORY RECORD, IF ANY, TOGETHER WITH A COPY OF ARTICLE 23-A OF THE 31 CORRECTION LAW, AND INFORM SUCH APPLICANT OF HIS OR HER RIGHT TO SEEK 32 CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH RECORD PURSU- 33 ANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMI- 34 NAL JUSTICE SERVICES. ALL DETERMINATIONS TO ISSUE, RENEW, SUSPEND OR 35 REVOKE A LICENSE SHALL BE MADE IN ACCORDANCE WITH SUBDIVISION 16 OF 36 SECTION 296 OF THE EXECUTIVE LAW AND ARTICLE 23-A OF THE CORRECTION LAW. 37 9. (A) IF IN THE JUDGMENT OF THE COMMISSION THE FINANCIAL RESPONSIBIL- 38 ITY, EXPERIENCE, CHARACTER AND GENERAL FITNESS OF AN APPLICANT, INCLUD- 39 ING IN THE CASE OF CORPORATIONS ITS OFFICERS AND STOCKHOLDERS, ARE SUCH 40 THAT THE PARTICIPATION OF SUCH APPLICANT WILL BE CONSISTENT WITH THE 41 BEST INTERESTS OF AMATEUR COMBATIVE SPORTS, THE PURPOSES OF THIS SECTION 42 INCLUDING THE SAFETY OF AMATEUR COMBATIVE SPORTS PARTICIPANTS, AND IN 43 THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY, THE COMMISSION SHALL 44 GRANT A LICENSE IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN THIS 45 SUBDIVISION. 46 (B) ANY AMATEUR COMBATIVE SPORTS PARTICIPANT APPLYING FOR A LICENSE OR 47 RENEWAL OF A LICENSE UNDER THIS SUBDIVISION SHALL UNDERGO A COMPREHEN- 48 SIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL AND NEUROPSY- 49 CHOLOGICAL EXAMINATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION. IF, 50 AT THE TIME OF SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN INJU- 51 RY, OR FOR ANY OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE 52 AMATEUR COMBATIVE SPORTS PARTICIPANT SHALL BE REQUIRED TO UNDERGO 53 FURTHER NEUROLOGICAL AND NEUROPSYCHOLOGICAL EXAMINATIONS BY A NEUROLO- 54 GIST INCLUDING, BUT NOT LIMITED TO, A COMPUTED TOMOGRAPHY OR MEDICALLY 55 EQUIVALENT PROCEDURE. THE COMMISSION SHALL NOT ISSUE A LICENSE TO AN 56 AMATEUR COMBATIVE SPORTS PARTICIPANT UNTIL SUCH EXAMINATIONS ARE S. 4531 6 1 COMPLETED AND REVIEWED BY THE COMMISSION. THE RESULTS OF ALL SUCH EXAM- 2 INATIONS HEREIN REQUIRED SHALL BECOME A PART OF THE AMATEUR COMBATIVE 3 SPORTS PARTICIPANT'S PERMANENT MEDICAL RECORD AS MAINTAINED BY THE 4 COMMISSION. THE COST OF ALL SUCH EXAMINATIONS CALLED FOR IN THIS SUBDI- 5 VISION SHALL BE ASSUMED BY THE STATE IF SUCH EXAMINATIONS ARE PERFORMED 6 BY A PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION. 7 (C) ANY AMATEUR COMBATIVE SPORTS PARTICIPANT LICENSED UNDER THIS CHAP- 8 TER SHALL, AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY 9 OF MEDICAL RECORDS RELATING TO TREATMENT OF ANY PHYSICAL CONDITION WHICH 10 RELATES TO HIS ABILITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND 11 ALL MEDICAL RECORDS OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION 12 RELATIVE TO THE PHYSICAL EXAMINATION OR CONDITION OF AMATEUR COMBATIVE 13 SPORTS PARTICIPANTS SHALL BE CONSIDERED CONFIDENTIAL, AND SHALL BE OPEN 14 TO EXAMINATION ONLY TO THE COMMISSION OR ITS AUTHORIZED REPRESENTATIVE, 15 TO THE LICENSED PARTICIPANT, MANAGER OR CHIEF SECOND UPON WRITTEN APPLI- 16 CATION TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A COURT OF COMPE- 17 TENT JURISDICTION IN AN APPROPRIATE CASE. 18 10. NO ENTITY SHALL HAVE, EITHER DIRECTLY OR INDIRECTLY, ANY FINAN- 19 CIAL INTEREST IN AN AMATEUR COMBATIVE SPORTS PARTICIPANT COMPETING ON 20 PREMISES OWNED OR LEASED BY THE ENTITY, OR IN WHICH SUCH ENTITY IS 21 OTHERWISE INTERESTED EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORI- 22 ZATION OF THE COMMISSION. 23 11. NO AMATEUR COMBATIVE SPORTS PARTICIPANT SHALL BE PAID FOR SERVICES 24 OR RECEIVE ANY FORM OF PECUNIARY GAIN FOR PARTICIPATING IN ANY AMATEUR 25 COMBATIVE SPORTS MATCH OR EXHIBITION. 26 12. NO LICENSED ENTITY SHALL KNOWINGLY ENGAGE IN A COURSE OF CONDUCT 27 IN WHICH AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS ARE ARRANGED 28 WHERE ONE AMATEUR COMBATIVE SPORTS PARTICIPANT HAS SKILLS OR EXPERIENCE 29 SIGNIFICANTLY IN EXCESS OF THE OTHER AMATEUR COMBATIVE SPORTS PARTIC- 30 IPANT SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO 31 THE AMATEUR COMBATIVE SPORTS PARTICIPANT. IF SUCH ACTION OCCURS, THE 32 COMMISSION MAY EXERCISE ITS POWERS TO DISCIPLINE UNDER SUBDIVISIONS 33 THIRTEEN AND FOURTEEN OF THIS SECTION. 34 13. ANY ENTITY, LICENSED UNDER THE PROVISIONS OF THIS SECTION, THAT 35 SHALL KNOWINGLY VIOLATE ANY RULE OR ORDER OF THE COMMISSION OR ANY 36 PROVISION OF THIS SECTION, IN ADDITION TO ANY OTHER PENALTY BY LAW 37 PRESCRIBED, SHALL BE LIABLE TO A CIVIL PENALTY NOT EXCEEDING FIVE THOU- 38 SAND DOLLARS TO BE IMPOSED BY THE COMMISSION, TO BE SUED FOR BY THE 39 ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IF 40 DIRECTED BY THE COMMISSION. THE AMOUNT OF THE PENALTY COLLECTED BY THE 41 COMMISSION OR RECOVERED IN ANY SUCH ACTION, OR PAID TO THE COMMISSION 42 UPON A COMPROMISE AS HEREINAFTER PROVIDED, SHALL BE TRANSMITTED BY THE 43 DEPARTMENT OF STATE INTO THE STATE TREASURY AND CREDITED TO THE GENERAL 44 FUND. THE COMMISSION, FOR CAUSE SHOWN, MAY EXTEND THE TIME FOR THE 45 PAYMENT OF SUCH PENALTY AND, BY COMPROMISE, MAY ACCEPT LESS THAN THE 46 AMOUNT OF SUCH PENALTY AS IMPOSED IN SETTLEMENT THEREOF. 47 14. (A) ANY LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION MAY BE 48 REVOKED OR SUSPENDED BY THE COMMISSION FOR THE REASON THEREIN STATED, 49 THAT THE LICENSEE HAS, IN THE JUDGMENT OF THE COMMISSION, BEEN GUILTY OF 50 AN ACT DETRIMENTAL TO THE INTERESTS OF AMATEUR COMBATIVE SPORTS GENERAL- 51 LY OR TO THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY. 52 (B) WITHOUT OTHERWISE LIMITING THE DISCRETION OF THE COMMISSION AS 53 PROVIDED IN THIS SECTION, THE COMMISSION MAY SUSPEND OR REVOKE A LICENSE 54 OR REFUSE TO RENEW OR ISSUE A LICENSE, IF IT SHALL FIND THAT THE APPLI- 55 CANT OR PARTICIPANT: (1) HAS BEEN CONVICTED OF A CRIME IN ANY JURISDIC- 56 TION; (2) IS ASSOCIATING OR CONSORTING WITH ANY PERSON WHO HAS OR S. 4531 7 1 PERSONS WHO HAVE BEEN CONVICTED OF A CRIME OR CRIMES IN ANY JURISDICTION 2 OR JURISDICTIONS; (3) HAS BEEN GUILTY OF OR ATTEMPTED ANY FRAUD OR 3 MISREPRESENTATION IN CONNECTION WITH COMBATIVE SPORTS; OR (4) HAS 4 VIOLATED OR ATTEMPTED TO VIOLATE ANY LAW WITH RESPECT TO COMBATIVE 5 SPORTS IN ANY JURISDICTION OR ANY RULE, REGULATION OR ORDER OF THE 6 COMMISSION, OR SHALL HAVE VIOLATED ANY RULE OF COMBATIVE SPORTS WHICH 7 SHALL HAVE BEEN APPROVED OR ADOPTED BY THE COMMISSION, OR HAS BEEN GUIL- 8 TY OF OR ENGAGED IN SIMILAR, RELATED OR LIKE PRACTICES. ALL DETERMI- 9 NATIONS TO ISSUE, RENEW, SUSPEND OR REVOKE A LICENSE SHALL BE MADE IN 10 ACCORDANCE WITH SUBDIVISION 16 OF SECTION 296 OF THE EXECUTIVE LAW AND 11 ARTICLE 23-A OF THE CORRECTION LAW AS APPLICABLE. 12 (C) NO SUCH PARTICIPANT MAY, UNDER ANY CIRCUMSTANCES, COMPETE OR 13 APPEAR IN AN AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION WITHIN NINETY 14 DAYS OF HAVING SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN ANY SUCH 15 MATCH OR EXHIBITION WITHOUT CLEARANCE BY THE BOARD, OR WITHIN NINETY 16 DAYS OF BEING RENDERED UNCONSCIOUS IN ANY SUCH MATCH OR EXHIBITION WHERE 17 THERE IS EVIDENCE OF HEAD TRAUMA AS DETERMINED BY THE ATTENDING COMMIS- 18 SION PHYSICIAN AND SHALL UNDERGO SUCH EXAMINATIONS AS REQUIRED UNDER 19 PARAGRAPH (B) OF SUBDIVISION EIGHTEEN OF THIS SECTION. THE AMATEUR 20 COMBATIVE SPORTS PARTICIPANT SHALL BE CONSIDERED SUSPENDED FROM AMATEUR 21 COMBATIVE SPORTS MATCHES OR EXHIBITIONS BY THE COMMISSION AND SHALL 22 FORFEIT HIS LICENSE TO THE COMMISSION DURING SUCH PERIOD AND SUCH 23 LICENSE SHALL NOT BE RETURNED TO THE PARTICIPANT UNTIL THE PARTICIPANT 24 HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR REINSTATEMENT OF 25 SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN THE PARTIC- 26 IPANT'S LICENSE BY A COMMISSION OFFICIAL. 27 (D) THE COMMISSION MAY AT ANY TIME SUSPEND, REVOKE OR DENY A PARTIC- 28 IPANT'S LICENSE FOR MEDICAL REASONS AT THE RECOMMENDATION OF THE BOARD. 29 (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF ANY OTHER STATE 30 SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE OR APPEAR IN A PROFESSIONAL 31 COMBATIVE SPORTS MATCH OR EXHIBITION IN THAT STATE BASED ON A KNOWING 32 AND INTENTIONAL ENGAGEMENT IN ANY PROHIBITED PRACTICES OF SUCH STATE, 33 THE COMMISSION MAY ACT TO REVOKE ANY LICENSE TO COMPETE OR APPEAR IN AN 34 AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION ISSUED TO SUCH LICENSEE 35 PURSUANT TO THE PROVISIONS OF THIS SECTION. 36 (F) THE COMMISSION MAY SUSPEND ANY LICENSE IT HAS ISSUED BY A DATED 37 NOTICE TO THAT EFFECT TO THE SUSPENDED LICENSEE, MAILED OR DELIVERED TO 38 THE LICENSEE, AND SPECIFYING THE EFFECTIVE DATE AND TERM OF THE SUSPEN- 39 SION, PROVIDED HOWEVER THAT THE COMMISSION REPRESENTATIVE IN CHARGE OF A 40 CONTEST OR EXHIBITION MAY THEN AND THERE TEMPORARILY SUSPEND ANY LICENSE 41 ISSUED BY THE COMMISSION WITHOUT SUCH NOTICE. IN THE EVENT OF A TEMPO- 42 RARY SUSPENSION, THE COMMISSION SHALL MAIL OR DELIVER THE NOTICE TO THE 43 SUSPENDED LICENSEE WITHIN THREE BUSINESS DAYS AFTER THE TEMPORARY 44 SUSPENSION. IN EITHER CASE SUCH SUSPENSION MAY BE WITHOUT ANY ADVANCE 45 HEARING. UPON THE RECEIPT OF SUCH NOTICE OF SUSPENSION, THE SUSPENDED 46 LICENSEE MAY APPLY TO THE COMMISSION FOR A HEARING ON THE MATTER TO 47 DETERMINE WHETHER SUCH SUSPENSION SHOULD BE RESCINDED. SUCH APPLICATION 48 FOR A HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE COMMISSION 49 WITHIN THIRTY DAYS AFTER THE DATE OF NOTICE OF SUSPENSION. THE COMMIS- 50 SION SHALL HAVE THE AUTHORITY TO REVOKE ANY LICENSE ISSUED BY IT. BEFORE 51 ANY LICENSE IS SO REVOKED, THE LICENSEE WILL BE OFFERED THE OPPORTUNITY 52 AT A HEARING HELD BY OR ON BEHALF OF THE COMMISSION TO SHOW CAUSE WHY 53 THE LICENSE SHOULD NOT BE REVOKED. THE COMMISSION SHALL OFFER THE OPPOR- 54 TUNITY FOR A HEARING TO AN AFFECTED PERSON BEFORE TAKING ANY FINAL 55 ACTION NEGATIVELY AFFECTING SUCH PERSON'S INDIVIDUAL PRIVILEGES OR PROP- 56 ERTY GRANTED BY A LICENSE DULY ISSUED BY THE COMMISSION OR A CONTRACT S. 4531 8 1 APPROVED BY AND FILED WITH THE COMMISSION. IN ALL SUCH HEARINGS, LICEN- 2 SEES AND OTHER WITNESSES SHALL TESTIFY UNDER OATH OR AFFIRMATION, WHICH 3 MAY BE ADMINISTERED BY ANY COMMISSIONER OR AUTHORIZED REPRESENTATIVE OF 4 THE COMMISSION ACTUALLY PRESENT. THE COMMISSION SHALL BE THE SOLE JUDGE 5 OF THE RELEVANCY AND COMPETENCY OF TESTIMONY AND OTHER EVIDENCE, THE 6 CREDIBILITY OF WITNESSES, AND THE SUFFICIENCY OF EVIDENCE. HEARINGS MAY 7 BE CONDUCTED BY REPRESENTATIVES OF THE COMMISSION IN THE DISCRETION OF 8 THE COMMISSION. IN SUCH CASES, THE COMMISSION REPRESENTATIVES CONDUCTING 9 THE HEARING SHALL SUBMIT FINDINGS OF FACT AND RECOMMENDATIONS TO THE 10 COMMISSION, WHICH SHALL NOT BE BINDING ON THE COMMISSION. 11 15. ALL BUILDINGS OR STRUCTURES USED OR INTENDED TO BE USED FOR HOLD- 12 ING OR GIVING SUCH AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS SHALL 13 BE PROPERLY VENTILATED AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, 14 AND IN ALL MANNER CONFORM TO THE LAWS, ORDINANCES AND REGULATIONS 15 PERTAINING TO BUILDINGS IN THE CITY, TOWN OR VILLAGE WHERE SITUATED. 16 16. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY 17 AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION, AND NO PERSON UNDER 18 SIXTEEN YEARS OF AGE SHALL BE PERMITTED TO ATTEND AS A SPECTATOR; 19 PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN SHALL BE 20 PERMITTED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDI- 21 AN. 22 17. (A) NO AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION SHALL BE MORE 23 THAN THREE ROUNDS IN LENGTH. NO PARTICIPANT SHALL BE ALLOWED TO PARTIC- 24 IPATE IN MORE THAN THREE MATCHES OR EXHIBITIONS OR COMPETE FOR MORE THAN 25 SIXTY MINUTES WITHIN SEVENTY-TWO CONSECUTIVE HOURS. NO PARTICIPANT 26 SHALL BE ALLOWED TO COMPETE IN ANY SUCH MATCH OR EXHIBITION WITHOUT 27 WEARING A MOUTHGUARD AND A PROTECTIVE GROIN CUP. AT EACH AMATEUR COMBA- 28 TIVE SPORTS MATCH OR EXHIBITION, THERE SHALL BE IN ATTENDANCE A DULY 29 LICENSED REFEREE WHO SHALL DIRECT AND CONTROL THE SAME. BEFORE STARTING 30 SUCH CONTEST THE REFEREE SHALL ASCERTAIN FROM EACH PARTICIPANT THE NAME 31 OF HIS MANAGER OR CHIEF SECOND, AND SHALL HOLD SUCH MANAGER OR CHIEF 32 SECOND RESPONSIBLE FOR THE CONDUCT OF HIS ASSISTANT SECONDS DURING THE 33 PROGRESS OF THE MATCH OR EXHIBITION. THERE SHALL ALSO BE IN ATTENDANCE, 34 THREE DULY LICENSED JUDGES WHO SHALL AT THE TERMINATION OF EACH SUCH 35 AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION RENDER THEIR DECISION. THE 36 WINNER OF SUCH MATCH OR EXHIBITION SHALL BE DETERMINED IN ACCORDANCE 37 WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION. PROVIDED, HOWEVER, 38 THAT A PARTICIPANT MAY TERMINATE THE CONTEST BY SIGNALLING TO THE REFER- 39 EE THAT SUCH PARTICIPANT SUBMITS TO THE OPPONENT. 40 (B) THE COMMISSION MAY BY RULE, REGULATION OR ORDER, REQUIRE THE PRES- 41 ENCE OF ANY MEDICAL EQUIPMENT AND PERSONNEL AT EACH AMATEUR COMBATIVE 42 SPORTS MATCH OR EXHIBITION AS IS NECESSARY OR BENEFICIAL FOR THE SAFETY 43 AND PROTECTION OF THE CONTESTANTS; AND MAY ALSO REQUIRE THE PRESENCE OF 44 AN AMBULANCE OR OTHER APPARATUS AT THE SITE OF ANY SUCH MATCH OR EXHIBI- 45 TION OR THE PROMULGATION OF AN EMERGENCY MEDICAL PLAN IN LIEU THEREOF. 46 (C) THE COMMISSION SHALL PRESCRIBE BY RULE OR REGULATION THE RESPONSI- 47 BILITIES OF MANAGERS, TRAINERS AND CHIEF SECONDS PRIOR TO, DURING AND 48 AFTER AN AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION IN ORDER TO 49 PROMOTE THE SAFETY OF THE PARTICIPANTS AT ALL TIMES. 50 (D) THE COMMISSION SHALL REQUIRE BY RULE OR REGULATION THAT ANY 51 AMATEUR COMBATIVE SPORTS PARTICIPANT LICENSED UNDER THIS SECTION PRESENT 52 TO A DESIGNATED COMMISSION OFFICIAL, BEFORE EACH MATCH OR EXHIBITION IN 53 WHICH HE FIGHTS IN THIS STATE, A LICENSE WHICH SHALL INCLUDE BUT NOT BE 54 LIMITED TO THE FOLLOWING INFORMATION: (1) THE PARTICIPANT'S NAME, PHOTO- 55 GRAPH, SOCIAL SECURITY NUMBER, DATE OF BIRTH, AND OTHER IDENTIFYING 56 INFORMATION; (2) THE PARTICIPANT'S PRIOR MATCH OR EXHIBITION HISTORY S. 4531 9 1 INCLUDING THE DATES, LOCATION, AND DECISION OF SUCH MATCHES OR EXHIBI- 2 TIONS; AND (3) THE PARTICIPANT'S MEDICAL HISTORY, RELATING TO ANY PHYS- 3 ICAL CONDITION, MEDICAL TEST OR PROCEDURE WHICH RELATES TO HIS ABILITY 4 TO FIGHT, AND A RECORD OF ALL MEDICAL SUSPENSIONS. 5 18. (A) ALL PARTICIPANTS MUST BE EXAMINED BY A PHYSICIAN DESIGNATED BY 6 THE COMMISSION BEFORE ENTERING THE RING AND EACH SUCH PHYSICIAN SHALL 7 IMMEDIATELY FILE WITH THE COMMISSION A WRITTEN REPORT OF SUCH EXAMINA- 8 TION. THE COST OF ANY SUCH EXAMINATION, AS PRESCRIBED BY A SCHEDULE OF 9 FEES ESTABLISHED BY THE COMMISSION, SHALL BE PAID BY THE ENTITY CONDUCT- 10 ING THE MATCH OR EXHIBITION TO THE COMMISSION, WHICH SHALL THEN PAY THE 11 FEE COVERING SUCH COST TO THE EXAMINING PHYSICIAN, IN ACCORDANCE WITH 12 THE RULES OF THE COMMISSION. 13 (B) ANY AMATEUR COMBATIVE SPORTS PARTICIPANT LICENSED OR PERMITTED 14 UNDER THIS SECTION RENDERED UNCONSCIOUS OR SUFFERING HEAD TRAUMA AS 15 DETERMINED BY THE ATTENDING PHYSICIAN SHALL BE IMMEDIATELY EXAMINED BY 16 THE ATTENDING COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO 17 NEUROLOGICAL AND NEUROPSYCHOLOGICAL EXAMINATIONS BY A NEUROLOGIST 18 INCLUDING BUT NOT LIMITED TO A COMPUTED TOMOGRAPHY OR MEDICALLY EQUIV- 19 ALENT PROCEDURE. ANY PARTICIPANT SO INJURED SHALL NOT APPEAR IN ANY 20 MATCH OR EXHIBITION UNTIL RESULTS OF SUCH EXAMINATIONS ARE REVIEWED BY 21 THE COMMISSION. THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED 22 SHALL BECOME A PART OF THE PARTICIPANT'S PERMANENT MEDICAL RECORDS AS 23 MAINTAINED BY THE COMMISSION AND SHALL BE USED BY THE COMMISSION TO 24 DETERMINE WHETHER A PARTICIPANT SHALL BE PERMITTED TO APPEAR IN ANY 25 FUTURE AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION. THE COSTS OF ALL 26 SUCH EXAMINATIONS CALLED FOR IN THIS PARAGRAPH SHALL BE ASSUMED BY THE 27 ENTITY OR PROMOTER IF SUCH EXAMINATIONS ARE PERFORMED BY A PHYSICIAN 28 APPROVED BY THE COMMISSION. 29 (C) THE COMMISSION MAY AT ANY TIME REQUIRE A LICENSED OR PERMITTED 30 PARTICIPANT TO UNDERGO A PHYSICAL EXAMINATION, INCLUDING ANY NEUROLOGI- 31 CAL OR NEUROPSYCHOLOGICAL TEST OR PROCEDURE. THE COST OF SUCH EXAM SHALL 32 BE ASSUMED BY THE STATE. 33 19. (A) IT SHALL BE THE DUTY OF EVERY ENTITY LICENSED TO CONDUCT AN 34 AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION, TO HAVE IN ATTENDANCE AT 35 EVERY MATCH OR EXHIBITION AT LEAST ONE PHYSICIAN DESIGNATED BY THE 36 COMMISSION AS THE RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A 37 SCHEDULE OF FEES TO BE PAID BY THE LICENSEE TO COVER THE COST OF SUCH 38 ATTENDANCE. SUCH FEES SHALL BE PAID TO THE COMMISSION, WHICH SHALL THEN 39 PAY SUCH FEES TO THE PHYSICIANS ENTITLED THERETO, IN ACCORDANCE WITH THE 40 RULES OF THE COMMISSION. 41 (B) THE PHYSICIAN SHALL TERMINATE ANY AMATEUR COMBATIVE SPORTS MATCH 42 OR EXHIBITION IF IN THE OPINION OF SUCH PHYSICIAN ANY PARTICIPANT HAS 43 RECEIVED SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJURY. 44 IN THE EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL IMME- 45 DIATELY RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER 46 TREATMENT OR HOSPITALIZATION IF REQUIRED, AND FULLY REPORT THE ENTIRE 47 MATTER TO THE COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, 48 SUBSEQUENTLY THEREAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT THE 49 INJURED PARTICIPANT AND HIS MANAGER OR CHIEF SECOND REMAIN IN THE RING 50 OR ON THE PREMISES OR REPORT TO A HOSPITAL AFTER THE CONTEST FOR SUCH 51 PERIOD OF TIME AS SUCH PHYSICIAN DEEMS ADVISABLE. 52 (C) SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AMATEUR 53 COMBATIVE SPORTS MATCH OR EXHIBITION AND MAY TERMINATE THE MATCH OR 54 EXHIBITION IF IN HIS OPINION THE SAME IS NECESSARY TO PREVENT SEVERE 55 PUNISHMENT OR SERIOUS PHYSICAL INJURY TO A PARTICIPANT. S. 4531 10 1 20. (A) ALL ENTITIES HAVING LICENSES AS PROMOTERS SHALL CONTINUOUSLY 2 PROVIDE INSURANCE FOR THE PROTECTION OF LICENSED AMATEUR COMBATIVE 3 SPORTS PARTICIPANTS, APPEARING IN AMATEUR COMBATIVE SPORTS MATCHES OR 4 EXHIBITIONS. SUCH INSURANCE COVERAGE SHALL PROVIDE FOR REIMBURSEMENT TO 5 THE LICENSED ATHLETE FOR MEDICAL, SURGICAL AND HOSPITAL CARE, WITH A 6 MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES SUSTAINED WHILE 7 PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE CONTROL OF SUCH LICENSED 8 PROMOTER AND FOR A PAYMENT OF ONE HUNDRED THOUSAND DOLLARS TO THE ESTATE 9 OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY INJURIES 10 RECEIVED DURING THE COURSE OF A MATCH OR EXHIBITION IN WHICH SUCH 11 LICENSED ATHLETE PARTICIPATED UNDER THE PROMOTION OR CONTROL OF ANY 12 LICENSED PROMOTER. THE COMMISSION MAY FROM TIME TO TIME, IN ITS 13 DISCRETION, INCREASE THE AMOUNT OF SUCH MINIMUM LIMITS. 14 (B) THE FAILURE TO PAY PREMIUMS ON SUCH INSURANCE AS IS REQUIRED BY 15 PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE CAUSE FOR THE SUSPENSION OR 16 THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING PROMOTER. 17 21. (A) JUDGES FOR ANY AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION 18 UNDER THE JURISDICTION OF THE COMMISSION SHALL BE SELECTED BY THE 19 COMMISSION FROM A LIST OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE 20 COMMISSION. 21 (B) ANY AMATEUR COMBATIVE SPORT PARTICIPANT, MANAGER OR CHIEF SECOND 22 MAY PROTEST THE ASSIGNMENT OF A JUDGE TO AN AMATEUR COMBATIVE SPORTS 23 MATCH OR EXHIBITION AND THE PROTESTING AMATEUR COMBATIVE SPORTS PARTIC- 24 IPANT, MANAGER OR CHIEF SECOND MAY BE HEARD BY THE COMMISSION OR ITS 25 DESIGNEE IF SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL 26 BE SUMMARILY REJECTED. 27 (C) EACH PERSON SEEKING TO BE LICENSED AS A JUDGE BY THE COMMISSION 28 SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION 29 AND ANNUALLY THEREAFTER ON THE ANNIVERSARY OF THE ISSUANCE OF THE 30 LICENSE. EACH PERSON SEEKING TO BE AN AMATEUR COMBATIVE SPORTS JUDGE IN 31 THE STATE SHALL BE CERTIFIED AS HAVING COMPLETED A TRAINING PROGRAM AS 32 APPROVED BY THE COMMISSION AND SHALL HAVE PASSED A WRITTEN EXAMINATION 33 APPROVED BY THE COMMISSION COVERING ASPECTS OF AMATEUR COMBATIVE SPORTS 34 INCLUDING, BUT NOT LIMITED TO, THE RULES OF THE SPORT, THE LAW OF THE 35 STATE RELATING TO THE COMMISSION, AND BASIC FIRST AID. THE COMMISSION 36 SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS TO KEEP LICENSEES CURRENT 37 ON AREAS OF REQUIRED KNOWLEDGE. 38 (D) EACH PERSON SEEKING A LICENSE TO BE AN AMATEUR COMBATIVE SPORTS 39 JUDGE IN THIS STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL QUESTION- 40 NAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE JUDGE'S 41 FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE COMMIS- 42 SION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED BY THE 43 COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR POTEN- 44 TIAL CONFLICTS OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS, 45 INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS OF ANY 46 AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION, EACH COMBATIVE SPORTS 47 JUDGE SHALL FILE WITH THE COMMISSION A FINANCIAL DISCLOSURE STATEMENT IN 48 SUCH FORM AND MANNER AS SHALL BE ACCEPTABLE TO THE COMMISSION. 49 (E) ONLY A PERSON LICENSED BY THE COMMISSION MAY JUDGE AN AMATEUR 50 COMBATIVE SPORTS MATCH OR EXHIBITION. 51 22. THE WEIGHTS AND CLASSES OF AMATEUR COMBATIVE SPORT PARTICIPANTS 52 AND THE RULES AND REGULATIONS OF AMATEUR COMBATIVE SPORTS SHALL BE 53 PRESCRIBED BY THE COMMISSION. 54 23. NO AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION OR TRAINING ACTIV- 55 ITY SHALL BE PERMITTED IN ANY RING OR FIGHTING AREA UNLESS SUCH RING OR 56 FIGHTING AREA HAS BEEN INSPECTED AND APPROVED BY THE COMMISSION. THE S. 4531 11 1 COMMISSION SHALL PRESCRIBE STANDARD ACCEPTABLE SIZE AND QUALITY REQUIRE- 2 MENTS FOR RINGS OR FIGHTING AREAS AND APPURTENANCES THERETO. 3 24. ANY ENTITY WHO INTENTIONALLY, DIRECTLY OR INDIRECTLY CONDUCTS, 4 HOLDS OR GIVES AN AMATEUR COMBATIVE SPORTS MATCH OR EXHIBITION OR 5 PARTICIPATES EITHER DIRECTLY OR INDIRECTLY IN ANY SUCH MATCH OR EXHIBI- 6 TION AS A REFEREE, JUDGE, CORPORATION TREASURER OR AMATEUR COMBATIVE 7 SPORTS PARTICIPANT, WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE 8 OR PERMIT AS PRESCRIBED IN THIS SECTION SHALL BE GUILTY OF A MISDEMEA- 9 NOR. 10 S 3. Section 6 of chapter 912 of the laws of 1920 relating to the 11 regulation of boxing, sparring and wrestling, as amended by chapter 437 12 of the laws of 2002 and subdivision 1 as designated and subdivision 2 as 13 added by chapter 673 of the laws of 2003, is amended to read as follows: 14 S 6. Jurisdiction of commission. 1. The commission shall have and 15 hereby is vested with the sole direction, management, control and juris- 16 diction over all such boxing and sparring matches or exhibitions OR 17 AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS to be conducted, held or 18 given within the state of New York and over all licenses to any and all 19 persons who participate in such boxing or sparring matches or exhibi- 20 tions OR AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS and over any 21 and all gyms, clubs, training camps and other organizations that main- 22 tain training facilities providing contact sparring for persons who 23 prepare for participation in such boxing or sparring matches or exhibi- 24 tions OR AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS, and over the 25 promotion of professional wrestling exhibitions OR AMATEUR COMBATIVE 26 SPORTS MATCHES OR EXHIBITIONS to the extent provided for in sections 5, 27 9, 19, 20, 28-a, 28-b and 33 of this act, except as otherwise provided 28 in this act. 29 2. The commission is authorized and directed to require that all sites 30 wherein boxing, sparring and wrestling matches and exhibitions OR 31 AMATEUR COMBATIVE SPORTS MATCHES OR EXHIBITIONS are conducted shall 32 comply with state and applicable local sanitary codes appropriate to 33 school athletic facilities. 34 S 4. This act shall take effect on the ninetieth day after it shall 35 have become a law.