Establishes protocols for combative sports; authorizes mixed martial arts events in this state

Section Two of the bill amends subdivision 1 of section 5-a of chapter 922 of the Laws of 1920 by expanding the term "martial arts" to include any professional match or exhibition that is sanctioned by an organization approved by the commission. Professional mixed martial arts is separated from single discipline martial arts and defined mixed martial arts and the jurisdiction of the New York State Athletic Commission (NYSAC) in relation to holding mixed martial arts exhibitions or bouts is set forth. This section also specifies that no nonprofessional or amateur bout, exhibition, or participant will be authorized by this bill.

Section Three of the bill amends Chapter 912 of the laws of 1920 to add a new section 5-b to create a New York mixed martial arts injury compensation fund. Further, it shall be presumed any Professional mixed martial artist who participates in a New York state sanctioned event and receives any form of neurological damage during the course of his or her lifetime, that the damage was the direct causation of the sanctioned match and is entitled to the full benefits of the fund over the course of his or her lifetime for all necessary medical treatment and rehabilitation.

Section Four of the bill amends chapter 912 of the Laws of 1920 as it relates to the jurisdiction of the NYSAC as it relates to mixed martial arts.

Section Five of the bill amends subdivision 3 of section 2 of the workers' compensation law, as amended by chapter 392 of the laws of 2008, for the purpose of this chapter only "employer" shall mean person or limited liability company licensed under such section five-a and the New York mixed martial arts injury compensation fund, inc.

Section Six of the bill amends subdivision 4 of section 2 of the workers' compensation law such that for the purposes of this chapter only, a professional combative sports participant shall be regarded as "employee" not only for such corporation, person or limited liability company but also for the New York mixed martial arts injury compensation fund, inc.

Section Seven of the bill amends subdivision 5 of section 2 of the workers' compensation law such that for the purposes of this chapter only, a professional combative sports participant shall be regarded as in the "employment" not solely of such corporation, person or liability company but shall instead be conclusively presumed to be in the "employment" of the New York mixed martial arts injury compensation fund, inc.

Section Eight of the bill amends section 11 of the workers' compensation law by limiting liability of workers' compensation coverage.

Section Nine of the bill amends section 14-a of the workers' compensation law as it relates to the responsibility of payments made by a corporation, person or limited liability company licensed in relation to injured professional combative sports participants.

Section Ten of the bill adds section 18-d to the workers' compensation law in relation to notifying employers in connection with the injury of professional combative participants.

Section Eleven of the bill amends section 50 of the workers' compensation law by adding section 8-a, it establishes certain provisions for the failure to meet timely payment requirements.

Section Twelve of the bill amends section 451 of the tax law to allow professional combative sports to be taxed on the gross receipts from ticket sales.

Section Thirteen of the bill amends section 452 of the tax law to impose a 8.5% tax on receipts on ticket sales as well as 3% of gross receipts from broadcasting rights.

Section Fourteen provides for an effective date of 90 days after it shall have become a law, and shall expire and be deemed repealed 5 years after it shall take effect.

Justification

There is mounting clinical evidence of the link between repeated subcondussive head trauma among professional athletes in contact sports like Mixed Martial Arts and chronic traumatic encephalopathy (CTE), a progressive degenerative brain disease.

This legislation would create a fund to cover the costs of health care for MMA contestants who sustain physical injury as a result of participating in a New York State-sanctioned MMA event regardless of the length of time between the match and the discovery of the injury. The fund would be administered in a manner that is similar to the horse jockey fund and would be funded by the industry.

Under current proposals to legalize professional MMA in New York, promoters are required to provide only $50,000 worth of health insurance, which is available to fighters only while they are still active. There is no consideration for the long-term consequences of MMA fighters' long-term injuries, including the possibility of CTE.

This bill recognizes that businesses that profit from professional MMA should take financial responsibility for its health consequences by mandating that promoters contribute to a state-coordinated fund to cover any long-term injuries sustained by fighters.

Legislative history

S.5055-A of 2013-2014 (Hoylman): Died in Cultural Affairs A.8312-A of 2013-2014 (Farrell): Died in Tourism FISCAL IMPLICATIONS :

None

Effective date

This act shall take effect on the ninetieth day after it shall have become a law; provided that section three of this act shall take effect on the one hundred eightieth day after it shall have become a law; Provided, further, that this act shall expire and be redeemed repealed 5 years after it shall take effect; provided, however, further, that effective immediately, the addition, amendment and/or repeal of this act on its effective date is authorized and directed to be made and completed on or before such effective date.