THE SENATE

S.B. NO.

546

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to athlete agents.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 481E-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Certified athlete agent" means an athlete agent registered under this chapter who is certified to be an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in that sport."

     SECTION 2.  Section 481E-13, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§481E-13[]]  Prohibited conduct.  (a)  [An] Except as provided in subsection (c), athlete agent, with the intent to induce a student-athlete to enter into an agency contract, [may] shall not:

     (1)  Give any materially false or misleading information or make a materially false promise or representation;

     (2)  Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or

     (3)  Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.

     (b)  An athlete agent [may] shall not intentionally:

     (1)  Initiate contact with a student-athlete unless registered under this chapter;

     (2)  Refuse or fail to retain or permit inspection of the records required to be retained by section 481E-12;

     (3)  Fail to register when required by section 481E-3;

     (4)  Provide materially false or misleading information in an application for registration or renewal of registration;

     (5)  Predate or postdate an agency contract; or

     (6)  Fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.

     (c)  A certified athlete agent may pay for expenses of a student athlete and the athlete's family members, incurred before the signing of an agency contract; provided that the expenses are:

     (1)  For the benefit of an athlete who is a member of a class of athletes authorized to receive the benefit by the national association that certified the agent;

     (2)  Of a type authorized to be paid by a certified agent by the national association that certified the agent; and

     (3)  For a purpose authorized by the national association that certified the agent."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Athlete Agents; Prohibited Acts; Exception

 

Description:

Authorizes certified athlete agents to pay for expenses of a student athlete and the athlete's family members, incurred before the signing of an agency contract, under specified conditions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.