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S1063................................................by JUDICIARY AND RULES
UNIFORM ATHLETE AGENTS ACT - Adds to and amends existing law to provide a
short title; to define terms; to provide for administration, service of
process and issuance of subpoenas; to require registration for athlete
agents; to declare certain contracts void; to provide for requirements of
registration forms for athlete agents; to provide for issuance, denial and
renewal of certificates of registration; to provide for temporary
registration; to provide for fees; to provide for deposit and appropriation
of fees; to provide for a required form of contracts; to provide for notice
to educational institutions; to provide for a student-athlete's right to
cancel; to require retention of certain records; to prohibit certain
conduct; to provide for criminal penalties and civil remedies; to provide
for an administrative penalty; to provide for uniformity of application and
construction; to provide for electronic signatures; to provide
severability; to provide authority to the Department of Self-Governing
Agencies to administrate the athlete agents act; and to increase the amount
of civil fines the Bureau of Occupational Licenses may collect.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Dunklin, Lee
Floor Sponsor -- Darrington
Title apvd - to House
02/21 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 58-7-5
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Chase, Collins, Cuddy, Deal, Denney, Ellsworth,
Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Higgins,
Jaquet, Jones, Kellogg, Kunz, Lake, Langford, Loertscher, Mader,
Marley, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman,
Trail, Wood, Young, Mr. Speaker
NAYS -- Callister, Ellis, Hammond, Harwood, Hornbeck, Kendell,
McKague
Absent and excused -- Campbell, Clark, Crow, Henbest, Wheeler
Floor Sponsor -- Meyer
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed
03/21 Sp signed
03/22 To Governor
03/26 Governor signed
Session Law Chapter 202
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1063
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ATHLETE AGENTS; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF
3 A NEW CHAPTER 48, TITLE 54, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO
4 DEFINE TERMS, TO PROVIDE FOR ADMINISTRATION, SERVICE OF PROCESS AND ISSU-
5 ANCE OF SUBPOENAS, TO REQUIRE REGISTRATION FOR ATHLETE AGENTS AND TO
6 DECLARE CERTAIN CONTRACTS VOID, TO PROVIDE FOR REQUIREMENTS OF REGISTRA-
7 TION FORMS FOR ATHLETE AGENTS, TO PROVIDE FOR CERTIFICATES OF REGISTRA-
8 TION, TO PROVIDE FOR ISSUANCE OR DENIAL OF CERTIFICATES OF REGISTRATION
9 AND TO PROVIDE FOR RENEWAL OF CERTIFICATES OF REGISTRATION, TO PROVIDE FOR
10 SUSPENSION, REVOCATION OR REFUSAL TO RENEW REGISTRATIONS, TO PROVIDE FOR
11 TEMPORARY REGISTRATION, TO PROVIDE FOR REGISTRATION AND RENEWAL FEES, TO
12 PROVIDE FOR DEPOSIT AND APPROPRIATION OF FEES, TO PROVIDE FOR REQUIRED
13 FORM OF CONTRACTS, TO PROVIDE FOR NOTICE TO EDUCATIONAL INSTITUTIONS, TO
14 PROVIDE FOR A STUDENT-ATHLETE'S RIGHT TO CANCEL, TO REQUIRE THE RETENTION
15 OF CERTAIN RECORDS, TO PROHIBIT CERTAIN CONDUCT, TO PROVIDE FOR CRIMINAL
16 PENALTIES, TO PROVIDE FOR CIVIL REMEDIES, TO PROVIDE FOR AN ADMINISTRATIVE
17 PENALTY, TO PROVIDE FOR UNIFORMITY OF APPLICATION AND CONSTRUCTION, TO
18 PROVIDE FOR ELECTRONIC SIGNATURES UNDER THE GLOBAL AND NATIONAL COMMERCE
19 ACT AND TO PROVIDE FOR SEVERABILITY; AMENDING SECTION 67-2602, IDAHO CODE,
20 TO PROVIDE AUTHORITY TO THE DEPARTMENT OF SELF-GOVERNING AGENCIES FOR THE
21 ADMINISTRATION OF THE ATHLETE AGENTS ACT; AMENDING SECTION 67-2609, IDAHO
22 CODE, TO INCREASE THE AMOUNT OF CIVIL FINES THE BUREAU OF OCCUPATIONAL
23 LICENSES MAY COLLECT; AND PROVIDING AN EFFECTIVE DATE.
24 Be It Enacted by the Legislature of the State of Idaho:
25 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended
26 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
27 ter 48, Title 54, Idaho Code, and to read as follows:
28 CHAPTER 48
29 UNIFORM ATHLETE AGENTS ACT
30 54-4801. SHORT TITLE. This chapter may be cited as the "Uniform Athlete
31 Agents Act."
32 54-4802. DEFINITIONS. As used in this chapter:
33 (1) "Agency contract" means an agreement in which a student-athlete
34 authorizes a person to negotiate or solicit on behalf of the student-athlete a
35 professional sports services contract or an endorsement contract.
36 (2) "Athlete agent" means an individual who enters into an agency con-
37 tract with a student-athlete or, directly or indirectly, recruits or solicits
38 a student-athlete to enter into an agency contract. The term includes an indi-
39 vidual who represents to the public that the individual is an athlete agent.
40 The term does not include a spouse, parent, sibling, grandparent or guardian
41 of the student-athlete or an individual acting solely on behalf of a profes-
2
1 sional sports team or professional sports organization.
2 (3) "Athletic director" means an individual responsible for administering
3 the overall athletic program of an educational institution or, if an educa-
4 tional institution has separately administered athletic programs for male stu-
5 dents and female students, the athletic program for males or the athletic pro-
6 gram for females, as appropriate.
7 (4) "Contact" means a communication, direct or indirect, between an ath-
8 lete agent and a student-athlete, to recruit or solicit the student-athlete to
9 enter into an agency contract.
10 (5) "Endorsement contract" means an agreement under which a student-
11 athlete is employed or receives consideration to use on behalf of the other
12 party any value that the student-athlete may have because of publicity, repu-
13 tation, following or fame obtained because of athletic ability or performance.
14 (6) "Intercollegiate sport" means a sport played at the collegiate level
15 for which eligibility requirements for participation by a student-athlete are
16 established by a national association for the promotion or regulation of col-
17 legiate athletics.
18 (7) "Person" means an individual, corporation, business trust, estate,
19 trust, partnership, limited liability company, association, joint venture,
20 government, governmental subdivision, governmental agency or instrumentality,
21 public corporation or any other legal or commercial entity.
22 (8) "Professional sports services contract" means an agreement under
23 which an individual is employed, or agrees to render services, as a player on
24 a professional sports team, with a professional sports organization, or as a
25 professional athlete.
26 (9) "Record" means information that is inscribed on a tangible medium or
27 that is stored in an electronic or other medium and is retrievable in
28 perceivable form.
29 (10) "Registration" means registration as an athlete agent pursuant to
30 this chapter.
31 (11) "State" means a state of the United States, the District of Columbia,
32 Puerto Rico, the United States Virgin Islands, or any territory or insular
33 possession subject to the jurisdiction of the United States.
34 (12) "Student-athlete" means an individual who engages in, is eligible to
35 engage in, or may be eligible in the future to engage in, any intercollegiate
36 sport. If an individual is permanently ineligible to participate in a particu-
37 lar intercollegiate sport, the individual is not a student-athlete for pur-
38 poses of that sport.
39 54-4803. ADMINISTRATION -- SERVICE OF PROCESS -- SUBPOENAS. (a) The
40 department of self-governing agencies, by and through the bureau of occupa-
41 tional licenses, hereinafter referred to as the department, shall administer
42 this chapter.
43 (b) By acting as an athlete agent in this state, a nonresident individual
44 appoints the department as the individual's agent for service of process in
45 any civil action in this state related to the individual's acting as an ath-
46 lete agent in this state.
47 (c) The department may issue subpoenas for any material that is relevant
48 to the administration of this chapter.
49 54-4804. ATHLETE AGENTS -- REGISTRATION REQUIRED -- VOID CONTRACTS. (a)
50 Except as otherwise provided in subsection (b) of this section, an individual
51 may not act as an athlete agent in this state without holding a certificate of
52 registration under section 54-4806 or 54-4808, Idaho Code.
53 (b) Before being issued a certificate of registration, an individual may
3
1 act as an athlete agent in this state for all purposes except signing an
2 agency contract, if:
3 (1) A student-athlete or another person acting on behalf of the student-
4 athlete initiates communication with the individual; and
5 (2) Within seven (7) days after an initial act as an athlete agent, the
6 individual submits an application for registration as an athlete agent in
7 this state.
8 (c) An agency contract resulting from conduct in violation of this sec-
9 tion is void and the athlete agent shall return any consideration received
10 under the contract.
11 54-4805. REGISTRATION AS ATHLETE AGENT -- FORM -- REQUIREMENTS. (a) An
12 applicant for registration shall submit an application for registration to the
13 department in a form prescribed by the department. An application filed under
14 this section is a public record. The application must be in the name of an
15 individual and, except as otherwise provided in subsection (b) of this sec-
16 tion, signed or otherwise authenticated by the applicant under penalty of per-
17 jury and state or contain:
18 (1) The name of the applicant and the address of the applicant's princi-
19 pal place of business;
20 (2) The name of the applicant's business or employer, if applicable;
21 (3) Any business or occupation engaged in by the applicant for the five
22 (5) years next preceding the date of submission of the application;
23 (4) A description of the applicant's:
24 (A) Formal training as an athlete agent;
25 (B) Practical experience as an athlete agent; and
26 (C) Educational background relating to the applicant's activities as
27 an athlete agent;
28 (5) The names and addresses of three (3) individuals not related to the
29 applicant who are willing to serve as references;
30 (6) The name, sport and last known team for each individual for whom the
31 applicant acted as an athlete agent during the five (5) years next preced-
32 ing the date of submission of the application;
33 (7) The names and addresses of all persons who are:
34 (A) With respect to the athlete agent's business, if it is not a
35 corporation, the partners, members, officers, managers, associates or
36 profit sharers of the business; and
37 (B) With respect to a corporation employing the athlete agent, the
38 officers, directors, and any shareholder of the corporation having an
39 interest of five percent (5%) or greater;
40 (8) Whether the applicant or any person named pursuant to paragraph (7)
41 of this subsection has been convicted of a crime that, if committed in
42 this state, would be a crime involving moral turpitude or a felony, and
43 identify the crime;
44 (9) Whether there has been any administrative or judicial determination
45 that the applicant or any person named pursuant to paragraph (7) of this
46 subsection has made a false, misleading, deceptive or fraudulent represen-
47 tation;
48 (10) Any instance in which the conduct of the applicant or any person
49 named pursuant to paragraph (7) of this subsection resulted in the imposi-
50 tion of a sanction, suspension, or declaration of ineligibility to partic-
51 ipate in an interscholastic or intercollegiate athletic event on a
52 student-athlete or educational institution;
53 (11) Any sanction, suspension, or disciplinary action taken against the
54 applicant or any person named pursuant to paragraph (7) of this subsection
4
1 arising out of occupational or professional conduct; and
2 (12) Whether there has been any denial of an application for, suspension
3 or revocation of, or refusal to renew, the registration or licensure of
4 the applicant or any person named pursuant to paragraph (7) of this sub-
5 section as an athlete agent in any state.
6 (b) An individual who has submitted an application for, and holds a cer-
7 tificate of, registration or licensure as an athlete agent in another state,
8 may submit a copy of the application and certificate in lieu of submitting an
9 application in the form prescribed pursuant to subsection (a) of this section.
10 The department shall accept the application and the certificate from the other
11 state as an application for registration in this state if the application to
12 the other state:
13 (1) Was submitted in the other state within six (6) months next preceding
14 the submission of the application in this state and the applicant certi-
15 fies that the information contained in the application is current;
16 (2) Contains information substantially similar to, or more comprehensive
17 than, that required in an application submitted in this state; and
18 (3) Was signed by the applicant under penalty of perjury.
19 54-4806. CERTIFICATE OF REGISTRATION -- ISSUANCE OR DENIAL -- RENEWAL.
20 (a) Except as otherwise provided in subsection (b) of this section, the
21 department shall issue a certificate of registration to an individual who com-
22 plies with section 54-4805(a), Idaho Code, or whose application has been
23 accepted under section 54-4805(b), Idaho Code.
24 (b) The department may refuse to issue a certificate of registration if
25 the department determines that the applicant has engaged in conduct that has a
26 significant adverse effect on the applicant's fitness to act as an athlete
27 agent. In making the determination, the department may consider whether the
28 applicant has:
29 (1) Been convicted of a crime that, if committed in this state, would be
30 a crime involving moral turpitude or a felony;
31 (2) Made a materially false, misleading, deceptive or fraudulent repre-
32 sentation in the application or as an athlete agent;
33 (3) Engaged in conduct that would disqualify the applicant from serving
34 in a fiduciary capacity;
35 (4) Engaged in conduct prohibited by section 54-4814, Idaho Code;
36 (5) Had a registration or licensure as an athlete agent suspended,
37 revoked or denied, or been refused renewal of registration or licensure as
38 an athlete agent in any state;
39 (6) Engaged in conduct the consequence of which was that a sanction, sus-
40 pension, or declaration of ineligibility to participate in an interscho-
41 lastic or intercollegiate athletic event was imposed on a student-athlete
42 or educational institution; or
43 (7) Engaged in conduct that significantly, adversely reflects on the
44 applicant's credibility, honesty or integrity.
45 (c) In making a determination under subsection (b) of this section, the
46 department shall consider:
47 (1) How recently the conduct occurred;
48 (2) The nature of the conduct and the context in which it occurred; and
49 (3) Any other relevant conduct of the applicant.
50 (d) An athlete agent may apply to renew a registration by submitting an
51 application for renewal in a form prescribed by the department. An application
52 filed under this section is a public record. The application for renewal must
53 be signed by the applicant under penalty of perjury and must contain current
54 information on all matters required in an original registration.
5
1 (e) An individual who has submitted an application for renewal of regis-
2 tration or licensure in another state, in lieu of submitting an application
3 for renewal in the form prescribed pursuant to subsection (d) of this section,
4 may file a copy of the application for renewal and a valid certificate of reg-
5 istration or licensure from the other state. The department shall accept the
6 application for renewal from the other state as an application for renewal in
7 this state if the application to the other state:
8 (1) Was submitted in the other state within six (6) months next preceding
9 the filing in this state and the applicant certifies the information con-
10 tained in the application for renewal is current;
11 (2) Contains information substantially similar to or more comprehensive
12 than that required in an application for renewal submitted in this state;
13 and
14 (3) Was signed by the applicant under penalty of perjury.
15 (f) A certificate of registration or a renewal of a registration is valid
16 for two (2) years.
17 54-4807. SUSPENSION, REVOCATION OR REFUSAL TO RENEW REGISTRATION. (a) The
18 department may suspend, revoke or refuse to renew a registration for conduct
19 that would have justified denial of registration under section 54-4806(b),
20 Idaho Code.
21 (b) The department may deny, suspend, revoke or refuse to renew a certif-
22 icate of registration or licensure only after proper notice and an opportu-
23 nity for a hearing. The provisions of chapter 52, title 67, Idaho Code, shall
24 apply to this chapter.
25 54-4808. TEMPORARY REGISTRATION. The department may issue a temporary
26 certificate of registration while an application for registration or renewal
27 of registration is pending.
28 54-4809. REGISTRATION AND RENEWAL FEES -- DEPOSIT -- APPROPRIATION. (1)
29 An application for registration or renewal of registration must be accompanied
30 by a fee, in an amount prescribed by the department but not to exceed two hun-
31 dred fifty dollars ($250) for any registration period, for the following:
32 (a) An initial application for registration;
33 (b) An application for registration based upon a certificate of registra-
34 tion or licensure issued by another state;
35 (c) An application for renewal of registration; or
36 (d) An application for renewal of registration based upon an application
37 for renewal of registration or licensure submitted in another state.
38 (2) All fees received under the provisions of this chapter shall be
39 deposited in the state treasury to the credit of the occupational licenses
40 fund and all costs and expenses incurred by the department under the provi-
41 sions of this chapter shall be a charge against and paid from said fund for
42 such purposes. Notwithstanding the provisions of any other law, the funds col-
43 lected hereunder shall be immediately available for the administration of this
44 chapter. In no event will the occupational licenses fund be obligated to pay
45 any claims which, in aggregate with claims already paid, exceed the income to
46 the occupational licenses fund which has been derived by the application of
47 this chapter.
48 (3) The money paid into the occupational licenses fund is continuously
49 appropriated to the department for expenditure in the manner prescribed herein
50 to defray the expenses of the department in carrying out and enforcing the
51 provisions of this chapter.
6
1 54-4810. REQUIRED FORM OF CONTRACT. (a) An agency contract must be in a
2 record, signed or otherwise authenticated by the parties.
3 (b) An agency contract must state or contain:
4 (1) The amount and method of calculating the consideration to be paid by
5 the student-athlete for services to be provided by the athlete agent under
6 the contract and any other consideration the athlete agent has received or
7 will receive from any other source for entering into the contract or for
8 providing the services;
9 (2) The name of any person not listed in the application for registration
10 or renewal of registration who will be compensated because the student-
11 athlete signed the agency contract;
12 (3) A description of any expenses that the student-athlete agrees to
13 reimburse;
14 (4) A description of the services to be provided to the student-athlete;
15 (5) The duration of the contract; and
16 (6) The date of execution.
17 (c) An agency contract must contain, in close proximity to the signature
18 of the student-athlete, a conspicuous notice in boldface type in capital let-
19 ters stating:
20 WARNING TO STUDENT-ATHLETE
21 IF YOU SIGN THIS CONTRACT:
22 (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN
23 YOUR SPORT;
24 (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING
25 INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR
26 ATHLETIC DIRECTOR; AND
27 (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT.
28 CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
29 (d) An agency contract that does not conform to this section is voidable
30 by the student-athlete. If a student-athlete voids an agency contract, the
31 student-athlete is not required to pay any consideration under the contract or
32 to return any consideration received from the athlete agent to induce the
33 student-athlete to enter into the contract.
34 (e) The athlete agent shall give a record of the signed or otherwise
35 authenticated agency contract to the student-athlete at the time of execution.
36 54-4811. NOTICE TO EDUCATIONAL INSTITUTION. (a) Within seventy-two (72)
37 hours after entering into an agency contract or before the next scheduled ath-
38 letic event in which the student-athlete may participate, whichever occurs
39 first, the athlete agent shall give notice in a record of the existence of the
40 contract to the athletic director of the educational institution at which the
41 student-athlete is enrolled or the athlete agent has reasonable grounds to
42 believe the student-athlete intends to enroll.
43 (b) Within seventy-two (72) hours after entering into an agency contract
44 or before the next athletic event in which the student-athlete may partici-
45 pate, whichever occurs first, the student-athlete shall inform the athletic
46 director of the educational institution at which the student-athlete is
47 enrolled that he or she has entered into an agency contract.
48 54-4812. STUDENT-ATHLETE'S RIGHT TO CANCEL. (a) A student-athlete may
49 cancel an agency contract by giving notice of the cancellation to the athlete
50 agent in a record within fourteen (14) days after the contract is signed.
51 (b) A student-athlete may not waive the right to cancel an agency con-
52 tract.
53 (c) If a student-athlete cancels an agency contract, the student-athlete
7
1 is not required to pay any consideration under the contract or to return any
2 consideration received from the athlete agent to induce the student-athlete to
3 enter into the contract.
4 54-4813. REQUIRED RECORDS. (a) An athlete agent shall retain the follow-
5 ing records for a period of five (5) years:
6 (1) The name and address of each individual represented by the athlete
7 agent;
8 (2) Any agency contract entered into by the athlete agent; and
9 (3) Any direct costs incurred by the athlete agent in the recruitment or
10 solicitation of a student-athlete to enter into an agency contract.
11 (b) Records required by subsection (a) of this section to be retained are
12 open to inspection by the department during normal business hours.
13 54-4814. PROHIBITED CONDUCT. (a) An athlete agent, with the intent to
14 induce a student-athlete to enter into an agency contract, may not:
15 (1) Give any materially false or misleading information or make a materi-
16 ally false promise or representation;
17 (2) Furnish anything of value to a student-athlete before the student-
18 athlete enters into the agency contract; or
19 (3) Furnish anything of value to any individual other than the student-
20 athlete or another registered athlete agent.
21 (b) An athlete agent may not intentionally:
22 (1) Initiate contact with a student-athlete unless registered under this
23 chapter;
24 (2) Refuse or fail to retain or permit inspection of the records required
25 to be retained by section 54-4813, Idaho Code;
26 (3) Fail to register when required by section 54-4804, Idaho Code;
27 (4) Provide materially false or misleading information in an application
28 for registration or renewal of registration;
29 (5) Predate or postdate an agency contract; or
30 (6) Fail to notify a student-athlete before the student-athlete signs or
31 otherwise authenticates an agency contract for a particular sport that the
32 signing or authentication may make the student-athlete ineligible to par-
33 ticipate as a student-athlete in that sport.
34 54-4815. CRIMINAL PENALTIES. An athlete agent who violates section
35 54-4814, Idaho Code, shall be guilty of a misdemeanor.
36 54-4816. CIVIL REMEDIES. (a) An educational institution has a right of
37 action against an athlete agent or a former student-athlete for damages caused
38 by a violation of this chapter. In an action under this section, the court may
39 award to the prevailing party costs and reasonable attorney's fees.
40 (b) Damages of an educational institution under subsection (a) of this
41 section include losses and expenses incurred because, as a result of the con-
42 duct of an athlete agent or former student-athlete, the educational institu-
43 tion was injured by a violation of this chapter or was penalized, disqualified
44 or suspended from participation in athletics by a national association for the
45 promotion and regulation of athletics, by an athletic conference, or by rea-
46 sonable self-imposed disciplinary action taken to mitigate sanctions likely to
47 be imposed by such an organization.
48 (c) A right of action under this section does not accrue until the educa-
49 tional institution discovers or by the exercise of reasonable diligence would
50 have discovered the violation by the athlete agent or former student-athlete.
51 (d) Any liability of the athlete agent or the former student-athlete
8
1 under this section is several and not joint.
2 (e) This chapter does not restrict rights, remedies or defenses of any
3 person under law or equity.
4 54-4817. ADMINISTRATIVE PENALTY. The department may assess a civil pen-
5 alty against an athlete agent not to exceed twenty-five thousand dollars
6 ($25,000) for a violation of this chapter.
7 54-4818. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and con-
8 struing this chapter, consideration must be given to the need to promote uni-
9 formity of the law with respect to its subject matter among states that enact
10 it.
11 54-4819. ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. The
12 provisions of this chapter governing the legal effect, validity, or enforce-
13 ability of electronic records or signatures, and of contracts formed or per-
14 formed with the use of such records or signatures conform to the requirements
15 of section 102 of the electronic signatures in global and national commerce
16 act, public law 106-229, 114 Stat. 464 (2000), and supersede, modify and limit
17 the electronic signatures in global and national commerce act.
18 54-4820. SEVERABILITY. The provisions of this chapter are hereby
19 declared to be severable and if any provision of this chapter or the applica-
20 tion of such provision to any person or circumstance is declared invalid for
21 any reason, such declaration shall not affect the validity of the remaining
22 portions of this chapter.
23 SECTION 2. That Section 67-2602, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
26 licenses created in the department of self-governing agencies by section
27 67-2601, Idaho Code, shall be empowered, by written agreement between the
28 bureau and each agency for which it provides administrative or other services
29 as provided by law, to provide such services for the board of acupuncture,
30 board of architectural examiners, board of barber examiners, board of chiro-
31 practic physicians, board of cosmetology, counselor licensing board, board of
32 environmental health specialist examiners, state board of denturitry, board of
33 hearing aid dealers and fitters, board of landscape architects, board of
34 morticians, board of examiners of nursing home administrators, board of optom-
35 etry, board of podiatrists, board of psychologist examiners, real estate
36 appraiser board, board of examiners of residential or assisted living facility
37 administrators, board of social work examiners, and such other professional
38 and occupational licensing boards or commodity commissions as may request such
39 services. The bureau may charge a reasonable fee for such services provided
40 any agency not otherwise provided for by law and shall maintain proper
41 accounting methods for all funds under its jurisdiction.
42 (2) Notwithstanding the statutes governing specific boards, for any board
43 that contracts with the bureau of occupational licenses, each board member
44 shall hold office until a successor has been duly appointed and qualified.
45 (3) The department of self-governing agencies, by and through the bureau
46 of occupational licenses, shall be empowered to provide administrative or
47 other services for the administration of chapter 48, title 54, Idaho Code, to
48 issue, suspend, revoke or refuse to renew certificates of registration, to
49 issue subpoenas, to prescribe and impose fees and to assess administrative
9
1 penalties pursuant to the provisions of chapter 48, title 54.
2 SECTION 3. That Section 67-2609, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 67-2609. REGISTRATION OF OCCUPATIONS. (a) The bureau of occupational
5 licenses shall wherever the several laws regulating professions, trades and
6 occupations which are devolved upon the bureau for administration so require
7 or pursuant to written agreement as provided in section 67-2604, Idaho Code,
8 exercise, in its name, or as authorized agent, but subject to the provisions
9 of this chapter, the following powers:
10 (1) To conduct examinations to ascertain the qualifications and fitness
11 of applicants to exercise the profession, trade or occupation for which an
12 examination is held; to pass upon the qualifications of applicants for
13 reciprocal licenses, certificates and authorities.
14 (2) To prescribe rules for a fair and wholly impartial method of examina-
15 tion of candidates to exercise the respective professions, trades or occu-
16 pations.
17 (3) To prescribe rules defining, for the respective professions, trades
18 and occupations, what shall constitute a school, college or university, or
19 department of a university, or other institution, reputable and in good
20 standing and to determine the reputability and good standing of a school,
21 college or university, or department of a university, or other institu-
22 tion, by reference to a compliance with such rules.
23 (4) To establish a standard of preliminary education deemed requisite to
24 admission to a school, college or university, and to require satisfactory
25 proof of the enforcement of such standard by schools, colleges and univer-
26 sities.
27 (5) To conduct hearings on proceedings to revoke or refuse renewal of
28 licenses, certificates or authorities of persons exercising the respective
29 professions, trades or occupations, and to revoke or refuse to renew such
30 licenses, certificates or authorities.
31 (6) To formulate rules for adoption by the boards allowing the boards to
32 recover costs and fees incurred in the investigation and prosecution of a
33 licensee in accordance with the contested case provisions of chapter 52,
34 title 67, Idaho Code, for a violation of laws or rules of the boards.
35 (7) To formulate rules for adoption by the boards establishing a schedule
36 of civil fines which may be imposed upon a licensee prosecuted in accor-
37 dance with the contested case provisions of chapter 52, title 67, Idaho
38 Code, for a violation of laws or rules of the boards. Any civil fine col-
39 lected by a board for a violation of its laws or rules shall not exceed
40 one thousand dollars ($1,000), unless otherwise provided by statute, and
41 shall be deposited in the bureau of occupational licensing account.
42 (8) To formulate rules when required in any act to be administered.
43 (b) None of the above enumerated functions and duties shall be exercised
44 by the bureau of occupational licenses except upon the action and report in
45 writing of persons designated from time to time by the chief of the bureau of
46 occupational licenses to take such action and to make such report, for the
47 respective professions, trades and occupations.
48 SECTION 4. This act shall be in full force and effect on and after July
49 1, 2001.
STATEMENT OF PURPOSE
RS 10812C1
This act provides for the uniform registration, certification,
and background check of sports agents seeking to represent
student athletes who are or may be eligible to participate in
intercollegiate sports. The act also imposes specified contract
terms on these agreements to the benefit of student athletes, and
provides education institutions with a right to notice along with
a civil cause of action for damages resulting from a breach of
specified duties.
FISCAL NOTE
There is no fiscal impact to the State. The registration fee
will cover the cost of registering. There is no way of knowing
how many athlete agents will choose to register in Idaho.
Contact:
Senator Denton Darrington
(208) 332-1317
Peter C.K. Marshall
Idaho Uniform Law Commissioner
(208) 331-1000
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STATEMENT OF PURPOSE/FISCAL NOTE S 1063