STAND. COM. REP. NO. 240
RE: H.B. No. 66
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirtieth State Legislature
Regular Session of 2019
State of Hawaii
Your Committee on Intrastate Commerce, to which was referred H.B. No. 66 entitled:
"A BILL FOR AN ACT RELATING TO ATHLETE AGENTS,"
begs leave to report as follows:
(1) Expands the definition of "athlete agent" to include individuals who, for compensation, serve a student athlete as a financial advisor or business manager;
(2) Requires reciprocity for athlete agents who are registered in more than one state;
(3) Strengthens requirements for athlete agent contracts;
(4) Provides civil penalties to athlete agents who fail to notify a student athlete's educational institution before contacting the student athlete;
(5) Requires an athlete agent who has a preexisting relationship with a student athlete who receives an athletic scholarship from the institution to notify the institution if the agent recruits or solicits the student athlete to enter into an agency contract;
(6) Adds criminal penalties for athlete agents who encourage another individual to take actions on behalf of the agent which the agent is prohibited from taking; and
(7) Gives student athletes a right of action against an athlete agent who violates the provisions of this measure.
The Department of Commerce and Consumer Affairs' Uniform Athlete Agents Program, Department of Education, Commission to Promote Uniform Legislation, University of Hawai‘i System, and National Collegiate Athletic Association testified in support of this measure. The Department of Commerce and Consumer Affairs' Regulated Industries Complaints Office and Uniform Law Commission provided comments on this measure.
Your Committee has amended this measure by:
(1) Changing its effective date to July 1, 3000; and
(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Intrastate Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 66, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 66, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.
Respectfully submitted on behalf of the members of the Committee on Intrastate Commerce,
TAKASHI OHNO, Chair