Establishes the amateur martial arts commission

* 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

2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

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. 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 on or before such effective date.