S T A T E   O F   N E W   Y O R K
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                                  4995

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Tourism, Parks, Arts and Sports Development

AN ACT to amend chapter 912 of the laws of 1920, relating to  the  regu-
  lation of boxing, sparring and wrestling, in relation to requiring the
  state amateur martial arts advisory commission to promulgate rules and
  regulations for amateur martial arts training and competitions; and to
  amend the correction law, in relation to prohibiting the employment of
  sex offenders in certain positions

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

  Section 1. Section 4 of chapter 912 of the laws of  1920  relating  to
the regulation of boxing, sparring and wrestling, is amended by adding a
new subdivision 5-a to read as follows:
  5-A.    (A)  THERE  IS  HEREBY  CREATED IN THE DEPARTMENT OF STATE THE
AMATEUR MARTIAL ARTS ADVISORY COMMISSION.  THE ADVISORY COMMISSION SHALL
CONSIST OF SEVEN MEMBERS TO BE APPOINTED AS FOLLOWS: THREE MEMBERS TO BE
APPOINTED BY THE GOVERNOR; TWO MEMBERS TO BE APPOINTED  BY  THE  SENATE;
AND  TWO MEMBERS TO BE APPOINTED BY THE ASSEMBLY. A CHAIR OF THE COMMIS-
SION SHALL BE APPOINTED BY THE GOVERNOR FROM AMONG HIS OR  HER  APPOINT-
EES. THE LENGTH OF THE TERMS OF SUCH MEMBERS SHALL BE FOUR YEARS. VACAN-
CIES SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS.
  (B) (I) THE CHAIRMAN SHALL HAVE:
  (A)  A  MASTER'S  DEGREE FROM AN ACCREDITED UNIVERSITY IN EDUCATION OR
BUSINESS;
  (B) AT LEAST TEN YEARS EXPERIENCE AS A MARTIAL ARTIST CERTIFIED AT THE
BLACK BELT LEVEL AS RECOGNIZED BY  THE  INTERNATIONAL  MARTIAL  ARTS/MMA
HALL OF FAME AND MUSEUM;
  (C) AT LEAST FIVE YEARS PRIOR EXPERIENCE OFFICIATING AS A JUDGE AND/OR
REFEREE IN COMBATIVE SPORTS;
  (D)  PRIOR  EXPERIENCE IN THE MEDICAL FIELD; EMERGENCY MEDICINE, FIRST
RESPONDER, SPORTS MEDICINE PREFERRED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05652-02-3
              

A. 4995                             2

  (E) A BACKGROUND IN  BUSINESS  DEVELOPMENT,  HUMAN  RESOURCES,  PUBLIC
RELATIONS AND/OR COMMUNICATIONS CURRICULUM AND INSTRUCTION DESIRED;
  (F) PAST BOARD MEMBER EXPERIENCE;
  (G) KNOWLEDGE OF LEGISLATIVE PROCESS;
  (H)  FAMILIARITY WITH OTHER STATES' RULES AND LAWS GOVERNING COMBATIVE
SPORTS;
  (I) EXPERIENCE WITH PROMULGATING RULES FOR COMBATIVE SPORTS; AND
  (J) KNOWLEDGE OF THE MARTIAL  ARTS  INDUSTRY  AND  COMMUNITY  IN  THIS
STATE.
  (II) ONE MEMBER SHALL BE A DOCTOR OF OSTEOPATHIC MEDICINE OR A MEDICAL
DOCTOR  LICENSED  TO  PRACTICE  IN  THIS  STATE  PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-ONE OF THE EDUCATION  LAW,  IN  GOOD  STANDING,  WHO  HAS
COMPLETED  RESIDENCY  TRAINING AND HAS AT LEAST FIVE YEARS EXPERIENCE IN
SPORTS MEDICINE OR WORKING WITH  A  SPORTS  TEAM,  POST-CONCUSSION  HEAD
INJURY, NEUROLOGY, NEURO-ONCOLOGY AND/OR NEURO AND SPINAL SURGERY;
  (III)  ONE  MEMBER SHALL HAVE A JURIS DOCTOR DEGREE FROM AN ACCREDITED
LAW SCHOOL, ADMITTED TO THE NEW YORK STATE BAR IN  GOOD  STANDING,  WITH
LITIGATION EXPERIENCE AND KNOWLEDGE OF SPORTS LAW AND NEGLIGENCE;
  (IV)  ONE  MEMBER  SHALL  HAVE  A  DOCTOR  OF EDUCATION DEGREE FROM AN
ACCREDITED UNIVERSITY WHO IS A CERTIFIED SCHOOL DISTRICT ADMINISTRATOR;
  (V) ONE MEMBER SHALL HAVE A MASTER'S DEGREE IN PHYSICAL  EDUCATION  OR
OTHER  SPORTS  RELATED FIELD AND WHO IS A CERTIFIED COACH OR OTHER OFFI-
CIAL IN GOOD STANDING WITH SEVEN YEARS EXPERIENCE IN CONTACT SPORTS; AND
  (VI) TWO MEMBERS SHALL BE MARTIAL ARTISTS,  CERTIFIED  AS  BLACK  BELT
INSTRUCTORS  WITH  A RANK OF AT LEAST FOURTH DEGREE AS RECOGNIZED BY THE
INTERNATIONAL MARTIAL ARTS/MMA HALL OF FAME AND MUSEUM, WITH  BACHELOR'S
DEGREES  FROM  AN  ACCREDITED SCHOOL OR UNIVERSITY RECOGNIZED BY THE NEW
YORK STATE DEPARTMENT OF EDUCATION.
  (C) THE ADVISORY COMMISSION  IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO
PROMULGATE RULES AND REGULATIONS SETTING STANDARDS, CRITERIA AND UNIFORM
PRACTICES  FOR TRAINING FACILITIES FOR ALL FORMS OF AMATEUR MARTIAL ARTS
AND ORGANIZED AMATEUR MARTIAL ART EVENTS AND COMPETITIONS IN THIS STATE.
SUCH RULES AND REGULATIONS SHALL PROVIDE FOR THE FOLLOWING:
  (I) A PARTICIPANT LOG COMMONLY KNOWN AS A  PASSBOOK,  WHICH  SHALL  BE
USED  BY PARTICIPANTS, TRAINING FACILITIES AND LOCATIONS HOLDING AMATEUR
MARTIAL ARTS EVENTS AND COMPETITIONS; SUCH A LOG WILL BE  KEPT  FOR  THE
SOLE  PURPOSE OF RECORDING AND TRACKING THE MATCH OUTCOMES, AND INJURIES
SUSTAINED BY EACH AMATEUR MARTIAL ART  COMPETITOR  PARTICIPATING  IN  AN
ORGANIZED  AMATEUR MARTIAL ART NON-PROFESSIONAL COMBATIVE SPORT COMPETI-
TION. ALL INJURIES MUST BE RECORDED AND REPORTED TO THE ADVISORY COMMIS-
SION. FAILURE TO KEEP RECORDS IN SUCH LOG OR KNOWINGLY  PROVIDING  FALSE
INFORMATION  OR  CONCEALING  FOR  THE PURPOSE OF MISLEADING, INFORMATION
CONCERNING ANY FACT MATERIAL THERETO WILL SUBJECT  ANY  OFFENDING  PARTY
INCLUDING BUT NOT LIMITED TO: INSTRUCTOR, PROMOTER, SCHOOL, GYM, FITNESS
FACILITY,  CLUB,  MANAGER OR PARTICIPANT TO A CIVIL PENALTY OF ONE THOU-
SAND DOLLARS PER VIOLATION AND POSSIBLE SUSPENSION AND/OR REVOCATION  OF
ALL APPLICABLE ASSOCIATED CERTIFICATION AND/OR LICENSES;
  (II)  THE  AMOUNT OF LIABILITY INSURANCE COVERAGE DEEMED NECESSARY FOR
EACH TRAINING FACILITY WHERE AMATEUR MARTIAL ARTS ARE  PRACTICED.  VALID
PROOF  OF  INSURANCE  MUST BE SENT TO THE COMMISSIONER FOR VERIFICATION.
FAILURE TO SUBMIT VALID PROOF OF INSURANCE OR KNOWINGLY PROVIDING  FALSE
INFORMATION  OR  CONCEALING  FOR  THE PURPOSE OF MISLEADING, INFORMATION
CONCERNING ANY FACT MATERIAL THERETO WILL RESULT IN ANY OFFENDING  PARTY
INCLUDING BUT NOT LIMITED TO: INSTRUCTOR, PROMOTER, SCHOOL, GYM, FITNESS
FACILITY,  CLUB,  MANAGER  OR PROPERTY MANAGER TO A CIVIL PENALTY OF ONE

A. 4995                             3

THOUSAND DOLLARS PER VIOLATION AND SUSPENSION AND POSSIBLE REVOCATION OF
ALL APPLICABLE ASSOCIATED CERTIFICATIONS AND LICENSES;
  (III)  ANY  INDIVIDUAL,  GROUP, SCHOOL, GYM, FITNESS FACILITY, CLUB OR
PROMOTER HOSTING OR WHICH INTENDS TO HOST AN ORGANIZED  AMATEUR  MARTIAL
ARTS  EVENT  OR COMPETITION SHALL SUBMIT VALID PROOF OF LIABILITY INSUR-
ANCE FOR THE ORGANIZED  EVENT  OR  COMPETITION  TO  THE  COMMISSION  FOR
VERIFICATION  WITHIN  NO  LESS  THAN  ONE  WEEK OF A SCHEDULED ORGANIZED
AMATEUR MARTIAL ARTS EVENT OR COMPETITION. FAILURE TO SUBMIT VALID PROOF
OF INSURANCE OR KNOWINGLY PROVIDING FALSE INFORMATION OR CONCEALING  FOR
THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THER-
ETO  WILL  RESULT  IN  ANY OFFENDING PARTY INCLUDING BUT NOT LIMITED TO:
INSTRUCTOR, PROMOTER,  SCHOOL,  GYM,  FITNESS  FACILITY,  CLUB,  MANAGER
AND/OR  PARTICIPANT  TO  A  CIVIL  PENALTY  OF FIVE THOUSAND DOLLARS PER
VIOLATION AND SUSPENSION AND POSSIBLE REVOCATION OF ALL APPLICABLE ASSO-
CIATED CERTIFICATIONS AND LICENSES;
  (IV) STANDARDS FOR CONDUCT IN NON-PROFESSIONAL MARTIAL  ARTS  TRAINING
AND LOCATIONS HOLDING EVENTS AND COMPETITIONS;
  (V) LICENSE FOR ALL AMATEUR MARTIAL ARTS COMPETITORS;
  (VI)  ESTABLISH APPLICABLE BACKGROUND CHECKS, CERTIFICATION AND REGIS-
TRATION FEES, AND PENALTIES FOR VIOLATIONS;
  (VII) ESTABLISH APPLICATION PROCESS AND TRAINING FOR SCHOOLS, INSTRUC-
TORS, OFFICIALS, PARTICIPANTS, MANAGERS AND OTHER ANCILLARY PERSONNEL;
  (VIII) ESTABLISH  APPLICABLE  CERTIFICATION  AND  LICENSING  FEES  FOR
SCHOOLS, INSTRUCTORS, OFFICIALS, PARTICIPANTS, MANAGERS AND OTHER ANCIL-
LARY PERSONNEL; AND
  (IX)  ESTABLISH  FINES AND PENALTIES FOR VIOLATIONS OF THE ESTABLISHED
RULES AND REGULATIONS.
  (D) FOR PURPOSES OF THIS SECTION: (I)  "AMATEUR  MARTIAL  ARTS"  SHALL
MEAN  NON-PROFESSIONAL COMBATIVE SPORT COMPETITION WHEREIN THE RULES SET
FORTH BY THE ADVISORY COMMISSION  AUTHORIZE  NON-PROFESSIONAL  COMBATIVE
SPORT  MATCHES  BETWEEN  SINGLE  DISCIPLINE  AND VARIOUS FIGHTING DISCI-
PLINES, INCLUDING DISCIPLINES THAT  UTILIZE  PERMITTED  AMATEUR  MARTIAL
ARTS TECHNIQUES INCLUDING, STRIKING, KICKING, AND GRAPPLING; AND
  (II)  "SINGLE DISCIPLINE MARTIAL ARTS" SHALL MEAN ANY SCHOOL, INSTITU-
TION, GYM, CLUB AND/OR  TRAINING  FACILITY  THAT  CONDUCTS  LESSONS  AND
INSTRUCTS  NON-PROFESSIONAL  ATHLETES  AND  THOSE  THAT  CONDUCT OR HOLD
MATCHES, TOURNAMENTS OR EXHIBITIONS THAT ARE CONSIDERED  AMATEUR  EVENTS
FOR NON-PROFESSIONALS.
  S 2. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  S  168-W.  SEX OFFENDERS SHALL NOT BE EMPLOYED IN A POSITION INVOLVING
SUBSTANTIAL CONTACT WITH CHILDREN. 1. NO SEX OFFENDER SHALL APPLY FOR OR
ACCEPT A POSITION WHICH INVOLVES SUBSTANTIAL CONTACT WITH CHILDREN. SUCH
POSITION SHALL INCLUDE ANY JOB, TASK OR OCCUPATION WHICH, BY ITS NATURE,
REQUIRES A PERSON TO BE IN SUBSTANTIAL  CONTACT  WITH  CHILDREN  IN  THE
REGULAR  PERFORMANCE  OF HIS OR HER DUTIES OR DEALINGS IN SUCH POSITION.
THIS SECTION SHALL ALSO APPLY TO ANY PERSON SEEKING A PERMIT OR  PERMIS-
SION  TO EXECUTE ANY ACTIVITY OR PERFORMANCE THAT WOULD PRESENT A DIRECT
CONTACT WITH CHILDREN.
  2. THE DEFINITION OF "POSITION" AS USED IN THIS SECTION,  SHALL  APPLY
TO ANY PERSON SEEKING EMPLOYMENT EITHER PAID OR UNPAID, ANY PERSON SEEK-
ING  TO  VOLUNTEER,  OR  ANY  PERSON SEEKING A PERMIT OR PERMISSION THAT
WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN.
  3. EXAMPLES OF SUCH EMPLOYMENT SHALL INCLUDE, BUT SHALL NOT BE LIMITED
TO:

A. 4995                             4

  (A) ANY POSITION IN A SCHOOL INCLUDING TEACHERS, TEACHER-AIDES, ADMIN-
ISTRATORS, ASSISTANTS, CAFETERIA WORKERS, JANITORS, NURSES OR ANY  OTHER
PERSON  WORKING  IN  A  SCHOOL THAT WOULD HAVE CONTACT WITH THE CHILDREN
ATTENDING SAID SCHOOL;
  (B) ANY POSITION IN A CHILD-CARE FACILITY;
  (C)  ANY  RECREATIONAL POSITION SUCH AS A COACH, MARTIAL ARTS INSTRUC-
TOR, BOY SCOUT OR GIRL SCOUT LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUC-
TOR OR ANY OTHER RECREATIONAL AREA  THAT  WOULD  PRESENT  A  SUBSTANTIAL
CONTACT WITH CHILDREN;
  (D) ANY POSITION IN A PARK, PLAYGROUND, AMUSEMENT PARK, POOL, GYMNASI-
UM,  SPORTS  OR  FITNESS  CENTER,  MARTIAL ARTS TRAINING FACILITY OR ANY
OTHER FACILITY, COMPETITION CENTER OR AREA WHERE CHILDREN HAVE A PROPEN-
SITY TO INHABIT;
  (E) ANY STORE OR RESTAURANT  THAT  IS  SPECIFICALLY  TARGETED  TOWARDS
CHILDREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT;
  (F)  ANY  POSITION  WHEREIN A PERSON WOULD BE EMPLOYED IN AN AREA THAT
SPECIFICALLY IS TARGETED TOWARDS CHILDREN INCLUDING BUT NOT  LIMITED  TO
AN ICE CREAM TRUCK OPERATOR;
  (G)  ANY  PERSON  APPLYING FOR A PERMIT OR PERMISSION THAT WOULD GRANT
SAID PERSON THE ABILITY TO CARRY OUT ANY  ACTIVITY  OR  ACTION  THAT  IS
DIRECTED TOWARDS OR WOULD INVOLVE SUBSTANTIAL CONTACT WITH CHILDREN.
  4.  EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL HAVE ACCESS
TO THE STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE  AND  MALTREATMENT  FOR
THE  PURPOSE  OF  PERFORMING  A  BACKGROUND CHECK FOR ANY CONVICTIONS OF
SEXUAL ABUSE OF A CHILD. EVERY  EMPLOYER,  ORGANIZATION  AND  GOVERNMENT
ENTITY  SHALL CHECK ANY POTENTIAL EMPLOYEES SEEKING TO ASSUME A POSITION
THAT WILL BE IN SUBSTANTIAL  CONTACT  WITH  CHILDREN  AGAINST  BOTH  THE
STATEWIDE  CENTRAL  REGISTRY  OF  CHILD  ABUSE  AND MALTREATMENT AND THE
REGISTERED SEX OFFENDERS DATABASE TO ASCERTAIN  IF  SAID  PERSON  HAS  A
CONVICTION FOR SEXUAL ABUSE OF A CHILD.
  5.  "SUBSTANTIAL  CONTACT WITH CHILDREN" AS USED IN THIS SECTION MEANS
WORKING WITH CHILDREN, HAVING ACCESS TO CHILDREN, HAVING OPPORTUNITY  TO
BE  ALONE  WITH  CHILDREN,  SPENDING  TIME WITH CHILDREN, PERFORMING FOR
CHILDREN OR ANY OTHER ACTIVITY THAT INVOLVES CHILDREN.
  6. (A) ANY SEX OFFENDER WHO  APPLIES  FOR  OR  ACCEPTS  EMPLOYMENT  IN
VIOLATION  OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON
THE FIRST CONVICTION THEREOF, AND UPON A SECOND OR SUBSEQUENT CONVICTION
THEREOF SHALL BE GUILTY OF A CLASS D FELONY.
  (B) ANY EMPLOYER WHO KNOWINGLY EMPLOYS A SEX OFFENDER IN VIOLATION  OF
THIS SECTION SHALL, UPON CONVICTION, BE GUILTY OF A CLASS A MISDEMEANOR.
  S  3.  This  act shall take effect immediately, provided however, that
section two of this act shall take effect on the first of November  next
succeeding  the  date  on  which  it  shall  have become a law, provided
further that  effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.