ATH-28-16-00018-E Conduct and Regulation of Authorized Combative Sports  

  • 9/21/16 N.Y. St. Reg. ATH-28-16-00018-E
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 38
    September 21, 2016
    RULE MAKING ACTIVITIES
    NEW YORK STATE ATHLETIC COMMISSION
    EMERGENCY RULE MAKING
     
    I.D No. ATH-28-16-00018-E
    Filing No. 826
    Filing Date. Aug. 31, 2016
    Effective Date. Sept. 01, 2016
    Conduct and Regulation of Authorized Combative Sports
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Repeal of Parts 205 through 217; and addition of new Parts 206 through 214 to Title 19 NYCRR.
    Statutory authority:
    L. 2016, ch. 32, sections 2 and 11
    Finding of necessity for emergency rule:
    Preservation of public health, public safety and general welfare.
    Specific reasons underlying the finding of necessity:
    The State Athletic Commission finds that immediate adoption of the regulation is necessary for the preservation of the public health, public safety, and general welfare and, specifically, to ensure appropriate protections for the health and safety of combative sports athletes, to ensure integrity in athletic competition, to prevent abuses in the business practices within the covered industries, and to provide reasonable requirements for the licensure of professional boxing and mixed martial arts promoters, ringside personnel and combatants.
    Chapter 912 of the Laws of 1920, as amended, and the regulations promulgated pursuant thereto vests in the Commission regulatory authority for the conduct of “boxing, sparring and professional wrestling.” As of September 1, 2016, the effective date of Chapter 32 of the laws of 2016, such authority is repealed and replaced with Article 41 of the General Business Law, which provides a more inclusive scheme for the regulation of professional wrestling and authorized combative sports, comprised of “amateur and professional boxing, wrestling, sparring, kick boxing, single discipline martial arts and mixed martial arts.” (GBL § 1001). In addition to newly authorizing and providing for the regulation of mixed martial arts, the legislation provides explicit requirements related to the protection of combatants with respect to their physical safety and economic needs in the event of an injury sustained while engaged in combat. This emergency rule is necessary to effectuate the regulation of combative sports and professional wrestling regulation so that they may be safely conducted while contributing to the economy and general prosperity of New York State.
    Subject:
    Conduct and regulation of authorized combative sports.
    Purpose:
    To implement the provision of ch. 32 of the Laws of 2016, effective September 1, 2016, authorizing certain combative sports.
    Substance of emergency rule:
    Chapter 32 of the laws of 2016, establishing a new Article 41 in the General Business Law entitled “Combative Sports,” effective September 1, 2016, provides that combative sports legally undertaken in this state are subject to the licensing and regulatory authority of the State Athletic Commission. Additionally within the purview of the Commission is professional wrestling. Section 11 of chapter authorizes the Commission to promulgate rules “necessary for the implementation of this act. . . to be made on or before” the September 1 effective date.
    In providing a framework for the licensure and regulation of authorized combative sports and professional wrestling, the legislature repealed the existing statutory structure related to “boxing, sparring and wrestling” and replaced it with a more comprehensive scheme for the regulation of those endeavors as well as, among others, professional and amateur mixed martial arts, kickboxing, and other combative sports. Additionally, the legislation seeks to protect combatants in all combative endeavors by establishing insurance minimums for some and vesting in the Commission the discretion to establish them for others. This proposal would effectuate such statutory scheme by providing rules intended to ensure appropriate protections for the health and safety of combative sports athletes, to ensure integrity in athletic competition, to prevent abuses in the business practices within the covered industries, and to provide reasonable requirements for the licensure of professional boxing and mixed martial arts promoters, ringside personnel and combatants. Additionally, it provides for the authorization of third party entities to oversee the conduct of certain authorized combative sports including, kickboxing, wrestling (which is distinguished from “professional wrestling” as defined in section 1017 of Article 41 of the General Business Law), amateur mixed martial arts, and the martial arts of Judo, Tae Kwon Do, Karate and Kempo.
    These rules are necessary to effectuate the regulation of combative sports and professional wrestling so that they may be safely conducted while contributing to the economy and general prosperity of New York State.
    This notice is intended
    to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. ATH-28-16-00018-P, Issue of July 13, 2016. The emergency rule will expire November 28, 2016.
    Text of rule and any required statements and analyses may be obtained from:
    James Leary, Esq., Department of State, Office of Counsel, One Commerce Plaza, Albany, NY 12231, (518) 474-6740, email: dos.sm.Legal.InetLegl@dos.ny.gov
    Regulatory Impact Statement
    A regulatory impact statement is not submitted with this notice because this rule is subject to a consolidated regulatory impact statement that was previously printed under a notice of emergency rule making, I.D. No. ATH-26-16-00018-P, Issue of July 13, 2016.
    Regulatory Flexibility Analysis
    A regulatory flexibility analysis is not submitted with this notice because this rule is subject to a consolidated regulatory flexibility analysis that was previously printed under a notice of emergency rule making, I.D. No. ATH-28-16-00018-P, Issue of July 13, 2016.
    Rural Area Flexibility Analysis
    A rural area flexibility analysis is not submitted with this notice because this rule is subject to a consolidated rural area flexibility analysis that was previously printed under a notice of emergency rule making, I.D. No. ATH-28-16-00018-P, Issue of July 13, 2016.
    Job Impact Statement
    A job impact statement is not submitted with this notice because this rule is subject to a consolidated job impact statement that was previously printed under a notice of emergency rule making, I.D. No. ATH-28-16-00018-P, Issue of July 13, 2016.

Document Information

Publish Date:
09/21/2016