Print Friendly HOUSE BILL NO. 7 – Athlete agents, licensure
HOUSE BILL NO. 7
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H0007...........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
ATHLETE AGENTS - Amends existing law to provide for the licensure of athlete
agents; to revise license renewal and reinstatement provisions; and to delete
01/06 House intro - 1st rdg - to printing
Rpt prt - to St Aff
01/16 Rpt out - Ref'd to Bus
01/30 Rpt out - rec d/p - to 2nd rdg
01/31 2nd rdg - to 3rd rdg
02/03 3rd rdg - PASSED - 64-4-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr.
NAYS -- Clark, Henbest, Kulczyk, Smith(24)
Absent and excused -- Black, Schaefer(Schaefer)
Floor Sponsor - Meyer
Title apvd - to Senate
02/04 Senate intro - 1st rdg - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 7
BY MR. SPEAKER
Requested by: Bureau of Occupational Licenses
1 AN ACT
2 RELATING TO THE UNIFORM ATHLETE AGENTS ACT; AMENDING SECTION 54-4802, IDAHO
3 CODE, TO DELETE DEFINITIONS FOR "PERSON," "RECORD" AND "REGISTRATION";
4 AMENDING SECTION 54-4804, IDAHO CODE, TO REQUIRE LICENSURE OF ATHLETE
5 AGENTS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-4805, IDAHO
6 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-4806, IDAHO
7 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REVISE LICENSE RENEWAL AND
8 REINSTATEMENT PROVISIONS; AMENDING SECTIONS 54-4807 AND 54-4808, IDAHO
9 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-4809, IDAHO
10 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A GRAMMATICAL CHANGE; AND
11 AMENDING SECTIONS 54-4810 AND 54-4814, IDAHO CODE, TO PROVIDE CORRECT TER-
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 54-4802, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 54-4802. DEFINITIONS. As used in this chapter:
17 (1) "Agency contract" means an agreement in which a student-athlete
18 authorizes a person to negotiate or solicit on behalf of the student-athlete a
19 professional sports services contract or an endorsement contract.
20 (2) "Athlete agent" means an individual who enters into an agency con-
21 tract with a student-athlete or, directly or indirectly, recruits or solicits
22 a student-athlete to enter into an agency contract. The term includes an indi-
23 vidual who represents to the public that the individual is an athlete agent.
24 The term does not include a spouse, parent, sibling, grandparent or guardian
25 of the student-athlete or an individual acting solely on behalf of a profes-
26 sional sports team or professional sports organization.
27 (3) "Athletic director" means an individual responsible for administering
28 the overall athletic program of an educational institution or, if an educa-
29 tional institution has separately administered athletic programs for male stu-
30 dents and female students, the athletic program for males or the athletic pro-
31 gram for females, as appropriate.
32 (4) "Contact" means a communication, direct or indirect, between an ath-
33 lete agent and a student-athlete, to recruit or solicit the student-athlete to
34 enter into an agency contract.
35 (5) "Endorsement contract" means an agreement under which a student-
36 athlete is employed or receives consideration to use on behalf of the other
37 party any value that the student-athlete may have because of publicity, repu-
38 tation, following or fame obtained because of athletic ability or performance.
39 (6) "Intercollegiate sport" means a sport played at the collegiate level
40 for which eligibility requirements for participation by a student-athlete are
41 established by a national association for the promotion or regulation of col-
42 legiate athletics.
43 (7) "Person" means an individual, corporation, business trust, estate,
1 trust, partnership, limited liability company, association, joint venture,
2 government, governmental subdivision, governmental agency or instrumentality,
3 public corporation or any other legal or commercial entity.
4 (8) "Professional sports services contract" means an agreement under
5 which an individual is employed, or agrees to render services, as a player on
6 a professional sports team, with a professional sports organization, or as a
7 professional athlete.
8 (9) "Record" means information that is inscribed on a tangible medium or
9 that is stored in an electronic or other medium and is retrievable in
10 perceivable form.
11 (10) "Registration" means registration as an athlete agent pursuant to
12 this chapter.
13 ( 118) "State" means a state of the United States, the District of Colum-
14 bia, Puerto Rico, the United States Virgin Islands, or any territory or insu-
15 lar possession subject to the jurisdiction of the United States.
16 ( 129) "Student-athlete" means an individual who engages in, is eligible to
17 engage in, or may be eligible in the future to engage in, any intercollegiate
18 sport. If an individual is permanently ineligible to participate in a particu-
19 lar intercollegiate sport, the individual is not a student-athlete for pur-
20 poses of that sport.
21 SECTION 2. That Section 54-4804, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 54-4804. ATHLETE AGENTS -- REGISTRATION LICENSE REQUIRED -- VOID CON-
24 TRACTS. (a) Except as otherwise provided in subsection (b) of this section, an
25 individual may not act as an athlete agent in this state without holding a
26 certificate of registration valid license under section 54-4806 or 54-4808,
27 Idaho Code.
28 (b) Before being issued a certificate of registration license, an indi-
29 vidual may act as an athlete agent in this state for all purposes except sign-
30 ing an agency contract, if:
31 (1) A student-athlete or another person acting on behalf of the student-
32 athlete initiates communication with the individual; and
33 (2) Within seven (7) days after an initial act as an athlete agent, the
34 individual submits an application for registration licensure as an athlete
35 agent in this state.
36 (c) An agency contract resulting from conduct in violation of this sec-
37 tion is void and the athlete agent shall return any consideration received
38 under the contract.
39 SECTION 3. That Section 54-4805, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 54-4805. REGISTRATION LICENSURE AS ATHLETE AGENT -- FORM -- REQUIREMENTS.
42 (a) An applicant for registration a license shall submit an application for
43 registration to the department in a form prescribed by the department. An
44 application filed under this section is a public record. The application must
45 be in the name of an individual and, except as otherwise provided in subsec-
46 tion (b) of this section, signed or otherwise authenticated by the applicant
47 under penalty of perjury and state or contain:
48 (1) The name of the applicant and the address of the applicant's princi-
49 pal place of business;
50 (2) The name of the applicant's business or employer, if applicable;
51 (3) Any business or occupation engaged in by the applicant for the five
1 (5) years next preceding the date of submission of the application;
2 (4) A description of the applicant's:
3 (A) Formal training as an athlete agent;
4 (B) Practical experience as an athlete agent; and
5 (C) Educational background relating to the applicant's activities as
6 an athlete agent;
7 (5) The names and addresses of three (3) individuals not related to the
8 applicant who are willing to serve as references;
9 (6) The name, sport and last known team for each individual for whom the
10 applicant acted as an athlete agent during the five (5) years next preced-
11 ing the date of submission of the application;
12 (7) The names and addresses of all persons who are:
13 (A) With respect to the athlete agent's business, if it is not a
14 corporation, the partners, members, officers, managers, associates or
15 profit sharers of the business; and
16 (B) With respect to a corporation employing the athlete agent, the
17 officers, directors, and any shareholder of the corporation having an
18 interest of five percent (5%) or greater;
19 (8) Whether the applicant or any person named pursuant to paragraph (7)
20 of this subsection has been convicted of a crime that, if committed in
21 this state, would be a crime involving moral turpitude or a felony, and
22 identify the crime;
23 (9) Whether there has been any administrative or judicial determination
24 that the applicant or any person named pursuant to paragraph (7) of this
25 subsection has made a false, misleading, deceptive or fraudulent represen-
27 (10) Any instance in which the conduct of the applicant or any person
28 named pursuant to paragraph (7) of this subsection resulted in the imposi-
29 tion of a sanction, suspension, or declaration of ineligibility to partic-
30 ipate in an interscholastic or intercollegiate athletic event on a
31 student-athlete or educational institution;
32 (11) Any sanction, suspension, or disciplinary action taken against the
33 applicant or any person named pursuant to paragraph (7) of this subsection
34 arising out of occupational or professional conduct; and
35 (12) Whether there has been any denial of an application for, suspension
36 or revocation of, or refusal to renew, the registration or licensure of
37 the applicant or any person named pursuant to paragraph (7) of this sub-
38 section as an athlete agent in any state.
39 (b) An individual who has submitted an application for, and holds a cer-
40 tificate of, registration or licensure as an athlete agent in another state,
41 may submit a copy of the application and certificate in lieu of submitting an
42 application in the form prescribed pursuant to subsection (a) of this section.
43 The department shall accept the application and the certificate from the other
44 state as an application for registration in this state if the application to
45 the other state:
46 (1) Was submitted in the other state within six (6) months next preceding
47 the submission of the application in this state and the applicant certi-
48 fies that the information contained in the application is current;
49 (2) Contains information substantially similar to, or more comprehensive
50 than, that required in an application submitted in this state; and
51 (3) Was signed by the applicant under penalty of perjury.
52 SECTION 4. That Section 54-4806, Idaho Code, be, and the same is hereby
53 amended to read as follows:
1 54-4806. CERTIFICATE OF REGISTRATION LICENSURE -- ISSUANCE OR DENIAL OF
2 A LICENSE -- RENEWAL. (a) Except as otherwise provided in subsection (b) of
3 this section, the department shall issue a certificate of registration
4 license to an individual who complies with section 54-4805(a), Idaho Code, or
5 whose application has been accepted under section 54-4805(b), Idaho Code.
6 (b) The department may refuse to issue a certificate of registration
7 license if the department determines that the applicant has engaged in conduct
8 that has a significant adverse effect on the applicant's fitness to act as an
9 athlete agent. In making the determination, the department may consider
10 whether the applicant has:
11 (1) Been convicted of a crime that, if committed in this state, would be
12 a crime involving moral turpitude or a felony;
13 (2) Made a materially false, misleading, deceptive or fraudulent repre-
14 sentation in the application or as an athlete agent;
15 (3) Engaged in conduct that would disqualify the applicant from serving
16 in a fiduciary capacity;
17 (4) Engaged in conduct prohibited by section 54-4814, Idaho Code;
18 (5) Had a registration or licensure as an athlete agent suspended,
19 revoked or denied, or been refused renewal of registration or licensure as
20 an athlete agent in any state;
21 (6) Engaged in conduct the consequence of which was that a sanction, sus-
22 pension, or declaration of ineligibility to participate in an interscho-
23 lastic or intercollegiate athletic event was imposed on a student-athlete
24 or educational institution; or
25 (7) Engaged in conduct that significantly, adversely reflects on the
26 applicant's credibility, honesty or integrity.
27 (c) In making a determination under subsection (b) of this section, the
28 department shall consider:
29 (1) How recently the conduct occurred;
30 (2) The nature of the conduct and the context in which it occurred; and
31 (3) Any other relevant conduct of the applicant.
32 (d) An athlete agent may apply to renew a registration license by submit-
33 ting an application for renewal in a form prescribed by the department. An
34 application filed under this section is a public record. The application for
35 renewal must be signed by the applicant under penalty of perjury and must con-
36 tain current information on all matters required in an original registration.
37 (e) An individual who has submitted an application for renewal of regis-
38 tration or licensure in another state, in lieu of submitting an application
39 for renewal in the form prescribed pursuant to subsection (d) of this section,
40 may file a copy of the application for renewal and a valid certificate of reg-
41 istration or licensure from the other state. The department shall accept the
42 application for renewal from the other state as an application for renewal in
43 this state if the application to the other state:
44 (1) Was submitted in the other state within six (6) months next preceding
45 the filing in this state and the applicant certifies the information con-
46 tained in the application for renewal is current;
47 (2) Contains information substantially similar to or more comprehensive
48 than that required in an application for renewal submitted in this state;
50 (3) Was signed by the applicant under penalty of perjury.
51 (f) A certificate of registration or a renewal of a registration is valid
52 for two (2) years All licenses issued under the provisions of this chapter
53 shall be subject to annual renewal and shall expire unless renewed in the man-
54 ner prescribed by the bureau regarding applications for renewal, continuing
55 education and fees. License renewal and reinstatement shall be in accordance
1 with section 67-2614, Idaho Code.
2 SECTION 5. That Section 54-4807, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 54-4807. SUSPENSION, REVOCATION OR REFUSAL TO RENEW REGISTRATION A
5 LICENSE. (a) The department may suspend, revoke or refuse to renew a registra-
6 tion license for conduct that would have justified denial of registration
7 licensure under section 54-4806(b), Idaho Code.
8 (b) The department may deny, suspend, revoke or refuse to renew a certif-
9 icate of registration or licensure license only after proper notice and an
10 opportunity for a hearing. The provisions of chapter 52, title 67, Idaho Code,
11 shall apply to this chapter.
12 SECTION 6. That Section 54-4808, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 54-4808. TEMPORARY REGISTRATION LICENSURE. The department may issue a
15 temporary certificate of registration license while an application for regis-
16 tration licensure or license renewal of registration is pending.
17 SECTION 7. That Section 54-4809, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 54-4809. REGISTRATION LICENSE AND RENEWAL FEES -- DEPOSIT -- APPROPRIA-
20 TION. (1) An application for registration a license or license renewal of reg-
21 istration must be accompanied by a fee, in an amount prescribed by the
22 department but not to exceed two hundred fifty dollars ($250), for any regis-
23 tration period, for the following:
24 (a) An initial application for registration licensure;
25 (b) An application for registration licensure based upon a certificate of
26 registration or licensure issued by another state;
27 (c) An application for license renewal; of registration; or
28 (d) An application for license renewal of registration based upon an
29 application for renewal of registration or licensure submitted in another
31 (2) All fees received under the provisions of this chapter shall be
32 deposited in the state treasury to the credit of the occupational licenses
33 fund and all costs and expenses incurred by the department under the provi-
34 sions of this chapter shall be a charge against and paid from said fund for
35 such purposes. Notwithstanding the provisions of any other law, the funds col-
36 lected hereunder shall be immediately available for the administration of this
37 chapter. In no event will the occupational licenses fund be obligated to pay
38 any claims which that, in aggregate with claims already paid, exceed the
39 income to the occupational licenses fund which has been derived by the appli-
40 cation of this chapter.
41 (3) The money paid into the occupational licenses fund is continuously
42 appropriated to the department for expenditure in the manner prescribed herein
43 to defray the expenses of the department in carrying out and enforcing the
44 provisions of this chapter.
45 SECTION 8. That Section 54-4810, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 54-4810. REQUIRED FORM OF CONTRACT. (a) An agency contract must be in a
1 record, signed or otherwise authenticated by the parties.
2 (b) An agency contract must state or contain:
3 (1) The amount and method of calculating the consideration to be paid by
4 the student-athlete for services to be provided by the athlete agent under
5 the contract and any other consideration the athlete agent has received or
6 will receive from any other source for entering into the contract or for
7 providing the services;
8 (2) The name of any person not listed in the application for registration
9 licensure or license renewal of registration who will be compensated
10 because the student-athlete signed the agency contract;
11 (3) A description of any expenses that the student-athlete agrees to
13 (4) A description of the services to be provided to the student-athlete;
14 (5) The duration of the contract; and
15 (6) The date of execution.
16 (c) An agency contract must contain, in close proximity to the signature
17 of the student-athlete, a conspicuous notice in boldface type in capital let-
18 ters stating:
19 WARNING TO STUDENT-ATHLETE
20 IF YOU SIGN THIS CONTRACT:
21 (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN
22 YOUR SPORT;
23 (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING
24 INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR
25 ATHLETIC DIRECTOR; AND
26 (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT.
27 CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
28 (d) An agency contract that does not conform to this section is voidable
29 by the student-athlete. If a student-athlete voids an agency contract, the
30 student-athlete is not required to pay any consideration under the contract or
31 to return any consideration received from the athlete agent to induce the
32 student-athlete to enter into the contract.
33 (e) The athlete agent shall give a record of the signed or otherwise
34 authenticated agency contract to the student-athlete at the time of execution.
35 SECTION 9. That Section 54-4814, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 54-4814. PROHIBITED CONDUCT. (a) An athlete agent, with the intent to
38 induce a student-athlete to enter into an agency contract, may not:
39 (1) Give any materially false or misleading information or make a materi-
40 ally false promise or representation;
41 (2) Furnish anything of value to a student-athlete before the student-
42 athlete enters into the agency contract; or
43 (3) Furnish anything of value to any individual other than the student-
44 athlete or another registered athlete agent.
45 (b) An athlete agent may not intentionally:
46 (1) Initiate contact with a student-athlete unless registered under this
48 (2) Refuse or fail to retain or permit inspection of the records required
49 to be retained by section 54-4813, Idaho Code;
50 (3) Fail to register obtain a license when required by section 54-4804,
51 Idaho Code;
52 (4) Provide materially false or misleading information in an application
53 for registration licensure or license renewal; of registration;
1 (5) Predate or postdate an agency contract; or
2 (6) Fail to notify a student-athlete before the student-athlete signs or
3 otherwise authenticates an agency contract for a particular sport that the
4 signing or authentication may make the student-athlete ineligible to par-
5 ticipate as a student-athlete in that sport.
STATEMENT OF PURPOSE
54-4802 clarifying definitions for Athletic Agents; 54-4804, 54-
4805, 54-4806, 54-4807, 54-4808, 54-4809, 54-4810 and 54-4814
providing for issuance of a license.
In addition changing the renewal date from annual to birth date of
the applicant as per 67-2614.
There will be no impact on General or Dedicated Funds.
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Statement of Purpose/Fiscal Impact H