Bill S6795-2013

Establishes the amateur martial arts commission

Establishes the amateur martial arts commission; requires the advisory commission to promulgate rules and regulations for amateur martial arts instructors, schools and training and competitions and prohibits the employment of sex offenders.

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  • Mar 11, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

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BILL NUMBER:S6795

TITLE OF BILL: An act to amend chapter 912 of the laws of 1920, relating to the regulation 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

PURPOSE: To establish an amateur martial arts advisory commission in New York State to promulgate rules and regulations, setting standards for all schools, instructors, training events and competitions in the state, and to prohibit sex offenders from working in positions with substantial contact with children.

SUMMARY OF PROVISIONS: Section one amends the chapter 912 laws of 1920 by adding a new subdivision 5-a to establish the Amateur Martial Arts Advisory Commission and the requirements of the chairman of the commission and states that:

* the advisory commission shall consist of seven members; three appointed by the Governor, two appointed by the Senate, and two appointed by the Assembly. The Chair shall be appointed by the Governor or his appointees. The length of a term shall be four years,

* it authorizes the commission to promulgate rules and regulations, setting standards for all schools, instructors, training events and competitions in the state,

* "amateur martial arts" is defined as a 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 disciplines, including the utilization of permitted amateur martial arts techniques including striking, kicking and grappling,

* "single discipline martial arts" is defined as any school, institution, gym and training facility that conducts lessons and instructs nonprofessional athletes and those that conduct or hold matches, tournaments or exhibitions that are considered amateur events for non-professionals.

Section two amends sections 16B-w of the correction law, as relettered by chapter 604 of the laws of 2005, is relettered section 168-x and a new section 162-w stating:

* sex offenders shall not be employed in a position involving substantial contact with children,

* positions include but are not limited to teachers, teacher-aids, administrators, assistants, cafeteria workers, janitors, nurses, childcare facility positions, recreational positions such as a coach, martial arts instructor, boy scout or girl scout leader, camp counselor, lifeguard, instructor, positions in a park, playground, amusement park, pool, gymnasium, sports or fitness center, martial

arts training facility, or at a store such as toy, store or children's theme restaurant,

* employers, organizations and government entities shall has access to a statewide central registry of child abuse and maltreatment for the purpose of performing background checks,

* employers, organizations and government entities seeking to fulfill a position with substantial contact, with children are required to check both the child abuse and maltreatment registry and the sex offender registry,

* any sex offender who applies for or accepts employment in violation of this shall be guilty of a class A misdemeanor for first conviction, and a class C felony for any additional convictions.

JUSTIFICATION: Amateur Martial Arts serves the children of NYS by promoting the sport & practice of martial arts, the codes of safety in sport and practice, the moral, mental, physical, and social well being of members, as well as the promotion of charity. The creation of the amateur martial arts advisory committee will ensure adequate regulations and standards for the practice of the sport to ensure the health and safety of youth athletes. The commission will consist of trained martial arts professionals, medical and emergency health care professionals, sports education experts, and school administration professionals, all working to create a positive environment through the maintenance of training logs, injury logs, and insurance coverage protection. Combined these individuals will create a well rounded board to guarantee a respectable sport.

Furthermore, this legislation will work to protect the children of NYS by defining positions of employment (paid or unpaid), volunteer work, or permits and permissions that would yield substantial contact with children by prohibiting the employment of sex offenders in such positions. Although the sex offender registry is a great step in aiding public protection, additional restrictions need to be placed on sex offenders for positions including, but not limited to coaches, trainers, and lifeguards. Any offender that violates the provisions would be convicted of a class A misdemeanor for the first conviction and a class C felony for any additional convictions.

LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 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 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6795 IN SENATE March 11, 2014 ___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction 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; (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; (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, 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 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) 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.

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