2001 Legislation
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SENATE BILL NO. 1063 – Uniform Athlete Agents Act

SENATE BILL NO. 1063

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                  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