As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                 H.B. No. 107    5            

      1999-2000                                                    6            


       REPRESENTATIVES TIBERI-GARDNER-CORBIN-WILLAMOWSKI-          8            

               TAYLOR-BEATTY-EVANS-JONES-HARTNETT                  9            


                                                                   10           

                           A   B I L L                                          

             To amend sections 3773.33, 3773.34, 4771.01,          12           

                4771.02, 4771.04, and 4771.99, to enact new        13           

                sections 4771.05 and 4771.06 and sections 4771.07  14           

                to 4771.20, and to repeal sections 4771.05 and     15           

                4771.06 of the Revised Code to establish a system  16           

                for the registration and regulation of athlete     17           

                agents.                                            18           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 3773.33, 3773.34, 4771.01,         23           

4771.02, 4771.04, and 4771.99 be amended and new sections 4771.05  24           

and 4771.06 and sections 4771.07, 4771.08, 4771.09, 4771.10,       25           

4771.11, 4771.12, 4771.13, 4771.14, 4771.15, 4771.16, 4771.17,     26           

4771.18, 4771.19, and 4771.20 of the Revised Code be enacted to    27           

read as follows:                                                                

      Sec. 3773.33.  (A)  There is hereby created the Ohio         37           

athletic commission.  The commission shall consist of five voting  38           

members appointed by the governor with the advice and consent of   39           

the senate, not more than three of whom shall be of the same       40           

political party, and two nonvoting members, one of whom shall be   41           

a member of the senate appointed by and to serve at the pleasure   42           

of the president of the senate and one of whom shall be a member   43           

of the house of representatives appointed by and to serve at the   44           

pleasure of the speaker of the house of representatives.  To be    45           

eligible for appointment as a voting member a person shall be a    46           

qualified elector, AND a resident of the state for not less than   47           

                                                          2      

                                                                 
five years immediately preceding the person's appointment, and.    49           

THREE VOTING MEMBERS SHALL BE knowledgeable in boxing, AT LEAST    51           

ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN HIGH                

SCHOOL ATHLETICS, AND AT LEAST ONE VOTING MEMBER SHALL BE          52           

KNOWLEDGEABLE AND EXPERIENCED IN COLLEGIATE ATHLETICS.  One        53           

commission member shall hold the degree of doctor of medicine or   55           

doctor of osteopathy.                                                           

      (B)  No person shall be appointed to the commission or be    57           

an employee of the commission who is licensed, REGISTERED, or      58           

regulated by the commission.  No member shall have any legal or    60           

beneficial interest, direct or indirect, pecuniary or otherwise,   61           

in any person who is licensed, REGISTERED, or regulated by the     62           

commission or who participates in prize fights or public boxing    63           

or wrestling matches or exhibitions.  No member shall participate  65           

in any fight, match, or exhibition other than in the member's      66           

official capacity as a member of the commission, or as an                       

inspector as authorized in section 3773.52 of the Revised Code.    67           

      (C)  The governor shall appoint the voting members to the    69           

commission.  Of the initial appointments, two shall be for terms   70           

ending one year after the effective date of this section, two      71           

shall be for terms ending two years after the effective date of    72           

this section, and one shall be for a term ending three years       73           

after the effective date of this section.  Thereafter, terms of                 

office shall be for three years, each term ending the same day of  74           

the same month of the year as did the term which it succeeds.      75           

Each member shall hold office from the date of the member's        76           

appointment until the end of the term for which the member was     77           

appointed.  Any member appointed to fill a vacancy occurring                    

prior to the expiration of the term for which the member's         78           

predecessor was appointed shall hold office for the remainder of   79           

the term.  Any member shall continue in office subsequent to the   81           

expiration date of the member's term until the member's successor  82           

takes office, or until a period of sixty days has elapsed,         83           

whichever occurs first.                                            84           

                                                          3      

                                                                 
      The governor shall name one voting member as chairperson of  86           

the commission at the time of making the appointment of any        87           

member for a full term.  Three voting members shall constitute a   88           

quorum, and the affirmative vote of three voting members shall be  89           

necessary for any action taken by the commission.  No vacancy on   90           

the commission impairs the authority of the remaining members to                

exercise all powers of the commission.                             91           

      Voting members, when engaged in commission duties, shall     93           

receive a per diem compensation determined in accordance with      94           

division (J) of section 124.15 of the Revised Code, and all        95           

members shall receive their actual and necessary expenses          96           

incurred in the performance of their official duties.              97           

      Each voting member, before entering upon the discharge of    99           

the member's duties, shall file a surety bond payable to the       100          

treasurer of state in the sum of ten thousand dollars.  Each       101          

surety bond shall be conditioned upon the faithful performance of  102          

the duties of the office, executed by a surety company authorized  103          

to transact business in this state, and filed in the office of     104          

the secretary of state.                                            105          

      The governor may remove any voting member for malfeasance,   107          

misfeasance, or nonfeasance in office after giving the member a    108          

copy of the charges against the member and affording the member    109          

an opportunity for a public hearing, at which the member may be    110          

represented by counsel, upon not less than ten days' notice.  If   111          

the member is removed, the governor shall file a complete          112          

statement of all charges made against the member and the           113          

governor's finding thereon in the office of the secretary of       114          

state, together with a complete report of the proceedings.  The    115          

governor's decision shall be final.                                116          

      (D)  The commission shall maintain an office in Youngstown   118          

and keep all of its permanent records there.                       119          

      Sec. 3773.34.  (A)  The Ohio athletic commission shall       128          

adopt and may amend or rescind rules in accordance with Chapter    129          

119. of the Revised Code, prescribing the conditions under which   130          

                                                          4      

                                                                 
prize fights and public boxing or wrestling matches or             131          

exhibitions may be conducted, classifying professional boxers by   133          

weight, and providing for the administration of sections 3773.31   134          

to 3773.57 of the Revised Code.  The rules may require that an     135          

applicant for a contestant's license to participate in a public    136          

boxing match or exhibition take an HIV test, as defined in         137          

section 3701.24 of the Revised Code, before being issued the       138          

contestant's license and may require that a licensed contestant    139          

take such an HIV test before participating in a public boxing      140          

match or exhibition.  The commission may issue, deny, suspend, or  141          

revoke permits to hold prize fights and public boxing or           142          

wrestling matches or exhibitions, and may issue, deny, suspend,    144          

or revoke licenses to persons engaged in any public boxing match   145          

or exhibition as authorized by sections 3773.31 to 3773.57 of the  146          

Revised Code.                                                                   

      (B)  IN ADDITION TO THE DUTIES SET FORTH IN THIS CHAPTER,    148          

THE OHIO ATHLETIC COMMISSION SHALL TAKE ACTION AS NECESSARY TO     149          

CARRY OUT THE PROVISIONS OF CHAPTER 4771. OF THE REVISED CODE      150          

GOVERNING ATHLETE AGENTS.                                                       

      (C)  On or before the thirty-first day of December of each   152          

year, the commission shall make a report to the governor of its    153          

proceedings for the year ending on the first day of December of    154          

that calendar year, and may include in the report any              155          

recommendations pertaining to its duties.                          156          

      Sec. 4771.01.  As used in sections 4771.01 to 4771.06 of     165          

the Revised Code THIS CHAPTER:                                     166          

      (A)  "Agent contract" means any contract or agreement        168          

pursuant to which a student AN athlete authorizes or empowers or   169          

agrees to authorize or empower at some later date a person AN      170          

ATHLETE AGENT to negotiate or solicit DO any professional sport    172          

services contract on behalf of the athlete.  If a student athlete  174          

also engages in a nonintercollegiate sporting event, contest,      175          

exhibition, or program, "agent contract" does not include any      176          

contract or agreement described in this division if the athlete    177          

                                                          5      

                                                                 
agent negotiates or solicits any professional sport services       178          

contract on behalf of the athlete in the nonintercollegiate sport  179          

that he engages in FOLLOWING:                                      180          

      (1)  NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE      182          

ATHLETE WITH ONE OR MORE PROFESSIONAL SPORTS TEAMS FOR THE         183          

EMPLOYMENT OF THE ATHLETE BY A PROFESSIONAL SPORTS TEAM;           184          

      (2)  NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE      186          

ATHLETE FOR THE EMPLOYMENT OF THE ATHLETE AS A PROFESSIONAL        187          

ATHLETE;                                                                        

      (3)  MARKET, OR ENTER AN AGREEMENT TO MARKET, AN ATHLETE OR  189          

AN ATHLETE'S REPUTATION.                                           190          

      (B)  "Athlete agent" means any person who offers an agent    192          

contract to, or enters DIRECTLY OR INDIRECTLY RECRUITS OR          193          

SOLICITS ANY ATHLETE TO ENTER into an agent contract with, a       194          

student athlete OR PROFESSIONAL SPORTS SERVICES CONTRACT, OR WHO   195          

FOR A FEE, PROCURES, OFFERS, PROMISES, OR ATTEMPTS TO OBTAIN       196          

EMPLOYMENT FOR AN ATHLETE WITH A PROFESSIONAL SPORTS TEAM, OR AS   197          

A PROFESSIONAL ATHLETE, OR OTHERWISE ATTEMPTS TO MARKET AN         198          

ATHLETE OR AN ATHLETE'S REPUTATION.  Athlete agent does not        199          

include either of the following:                                                

      (1)  A member of a student athlete's immediate family        202          

PARENT OR LEGAL GUARDIAN WHO ENGAGES IN THE ACTIVITIES OF AN       203          

ATHLETE AGENT ON BEHALF OF THE PERSON'S CHILD OR WARD;                          

      (2)  An attorney from whom a student AN athlete seeks legal  205          

advice concerning a proposed professional sport services contract  206          

if the attorney does not represent the student athlete in          207          

negotiating or soliciting the contract.                            208          

      (C)  "Immediate family ATHLETE" means an individual's        210          

spouse, child, parent, stepparent, grandparent, grandchild,        211          

brother, sister, parent-in-law, brother-in-law, sister-in-law,     212          

nephew, niece, aunt, uncle, first cousin, or the spouse or         213          

guardian of any of the individuals described in this division      214          

EITHER OF THE FOLLOWING:                                           215          

      (1)  A STUDENT ENROLLED IN ANY EDUCATIONAL INSTITUTION OR    217          

                                                          6      

                                                                 
INSTITUTION OF HIGHER EDUCATION IN THIS STATE, WHO PARTICIPATES,   218          

OR IS OR MAY BECOME ELIGIBLE TO PARTICIPATE, IN ANY ATHLETIC       219          

SPORTING EVENT, CONTEST, EXHIBITION, OR PROGRAM AT THE             220          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;                     

      (2)  A STUDENT WHO MEETS ONE OF THE FOLLOWING CRITERIA:      222          

      (a)  RESIDES IN THIS STATE, IS ELIGIBLE TO PARTICIPATE IN    224          

AN AMATEUR ATHLETIC PROGRAM, AND HAS INFORMED AN EDUCATIONAL       225          

INSTITUTION OR INSTITUTION OF HIGHER EDUCATION, IN WRITING, OF     226          

THE STUDENT'S INTENT TO PARTICIPATE IN THAT INSTITUTION'S AMATEUR  227          

ATHLETIC PROGRAM;                                                               

      (b)  DOES NOT RESIDE IN THIS STATE BUT IS ELIGIBLE TO        229          

PARTICIPATE IN AN AMATEUR ATHLETIC PROGRAM AND HAS INFORMED, IN    230          

WRITING, AN EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER       231          

EDUCATION IN THIS STATE OF THE STUDENT'S INTENT TO PARTICIPATE IN  232          

THAT INSTITUTION'S AMATEUR ATHLETIC PROGRAM.                                    

      (D)  "Institution of higher education" means a state         234          

university or college or a private nonprofit college or            235          

university located in this state that possesses a certificate of   236          

authorization issued by the Ohio board of regents pursuant to      237          

Chapter 1713. of the Revised Code.                                 238          

      (E)  "Professional sport SPORTS services contract" means     240          

any contract or agreement pursuant to which an individual ATHLETE  241          

is employed or agrees to render services as a player on a          243          

professional sport team or as a professional athlete OR OTHERWISE  244          

PROVIDES FOR THE PRESENT OR FUTURE MARKETING OF AN ATHLETE OR      245          

ATHLETE'S REPUTATION.                                                           

      (F)  "State university or college" includes the state        247          

universities listed in section 3345.011 of the Revised Code,       248          

community colleges created pursuant to Chapter 3354. of the        249          

Revised Code, university branches created pursuant to Chapter      250          

3355. of the Revised Code, technical colleges created pursuant to  251          

Chapter 3357. of the Revised Code, and state community colleges    252          

created pursuant to Chapter 3358. of the Revised Code.             253          

      (G)  "Student athlete" means any individual who is enrolled  255          

                                                          7      

                                                                 
as a student at an institution of higher education in this state   256          

and engages in any intercollegiate sporting event, contest,        257          

exhibition, or program "PLAYER ASSOCIATION" AND "PLAYER            258          

ORGANIZATION" MEAN ANY ASSOCIATION OR ORGANIZATION THAT            259          

REPRESENTS PROFESSIONAL ATHLETES IN COLLECTIVELY BARGAINING WITH   260          

THE MANAGEMENT OR OWNERSHIP OF A PROFESSIONAL SPORTS TEAM OR       261          

ORGANIZATION.                                                                   

      (H)  "RESIDENT" MEANS AN INDIVIDUAL WHO IS A LEGAL RESIDENT  263          

OF THIS STATE OR AN INDIVIDUAL ENROLLED IN AN EDUCATIONAL          264          

INSTITUTION OR INSTITUTION OF HIGHER EDUCATION LOCATED IN THIS     265          

STATE.                                                                          

      (I)  "EDUCATIONAL INSTITUTION" MEANS ANY INSTITUTION         267          

LOCATED IN THIS STATE, PUBLIC OR PRIVATE, THAT PROVIDES            268          

ELEMENTARY OR SECONDARY EDUCATION TO STUDENTS AS ITS PRIMARY       269          

FUNCTION.                                                                       

      Sec. 4771.02.  (A)  No athlete agent shall enter into an     278          

agent contract with a student AN athlete unless the agent          280          

complies with both ALL of the following AGENT CONTRACT             281          

REQUIREMENTS:                                                                   

      (A)(1)  The agent contract is in writing ON A FORM APPROVED  283          

BY THE OHIO ATHLETIC COMMISSION and includes all agreements        284          

between the parties;                                               286          

      (B)  Not less than fourteen days before entering into an     288          

agent contract with a student athlete, the athlete agent files a   290          

copy of the proposed contract with the official who is             291          

responsible for the supervision of the particular sport program    292          

at the institution of higher education at which the student                     

athlete who is a participant in the program is enrolled.           293          

      (2)  THE AGENT CONTRACT INCLUDES IN BOLDFACE, TWELVE-POINT   295          

TYPE, ON THE INITIAL PAGE OF THE AGENT CONTRACT, THE FOLLOWING     296          

LANGUAGE:                                                          297          

      "THE ATHLETE AGENT ENTERING THIS AGREEMENT IS REGISTERED TO  300          

SERVE AS AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.                    

REGISTRATION OF AN ATHLETE AGENT UNDER CHAPTER 4771. OF THE        302          

                                                          8      

                                                                 
REVISED CODE DOES NOT IMPLY APPROVAL BY THE COMMISSION OF THE      304          

TERMS AND CONDITIONS OF THIS CONTRACT OR THE COMPETENCE OF THE     305          

ATHLETE AGENT."                                                                 

      (3)  THE AGENT CONTRACT INCLUDES THE FOLLOWING LANGUAGE      307          

VERBATIM IN BOLD FACE, TWELVE POINT TYPE, NEAR THE SPACE PROVIDED  308          

FOR AN ATHLETE TO SIGN OR OTHERWISE ACKNOWLEDGE AGREEMENT TO THE   309          

TERMS OF THE CONTRACT:                                             310          

      "WARNING TO THE STUDENT ATHLETE:  WHEN YOU SIGN THIS         312          

CONTRACT YOU MAY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN   313          

ANY AMATEUR OR INTERCOLLEGIATE ATHLETICS.  ACCORDINGLY YOU MUST    314          

GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT TO    315          

THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE         316          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN      317          

WHICH YOU ARE ENROLLED OR TO WHICH YOU HAVE FORMALLY ACKNOWLEDGED  319          

YOUR PLANS TO ATTEND, PRIOR TO THE EARLIER OF PARTICIPATING IN OR               

PRACTICING FOR AN OFFICIALLY SANCTIONED ATHLETIC COMPETITION OR    321          

INTERCOLLEGIATE ATHLETIC EVENT, OR SEVENTY-TWO HOURS AFTER         322          

ENTERING INTO THIS CONTRACT.                                                    

      DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED  325          

IN ANY BLANK SPACES.  UNDER OHIO LAW, AS A STUDENT ATHLETE                      

SIGNING THIS CONTRACT, YOU HAVE THE RIGHT TO  RESCIND THIS         326          

CONTRACT FOR A PERIOD UP TO TEN DAYS AFTER THE LATEST OF THE       327          

FOLLOWING OCCURRENCES:                                             328          

      (a)  THE DATE THE CONTRACT IS SIGNED;                        330          

      (b)  THE DATE THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR     332          

POSITION AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER   334          

EDUCATION IN WHICH YOU ARE ENROLLED OR HAVE ACKNOWLEDGED PLANS TO  335          

ATTEND, RECEIVES NOTICE OF THIS CONTRACT; OR                                    

      (c)  THE LAST DATE YOU PARTICIPATE IN AN OFFICIALLY          337          

SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT  339          

IF NO NOTICE OF THIS CONTRACT IS PROVIDED TO THE ATHLETIC                       

DIRECTOR OR PERSON OF SIMILAR POSITION.                            340          

      DESPITE CANCELLATION OF THIS CONTRACT, THE EDUCATIONAL       342          

INSTITUTION, INSTITUTION OF HIGHER EDUCATION, OR INTERCOLLEGIATE   344          

                                                          9      

                                                                 
ATHLETIC ASSOCIATION OR CONFERENCE TO WHICH YOUR INSTITUTION OF    345          

HIGHER EDUCATION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO                    

PARTICIPATE IN AMATEUR OR INTERCOLLEGIATE ATHLETICS.  IF YOU SIGN  346          

THIS CONTRACT PRIOR TO THE LAST OFFICIALLY SANCTIONED ATHLETIC     347          

COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT YOU PARTICIPATE IN   349          

AND FAIL TO NOTIFY YOUR INSTITUTION OF THIS CONTRACT, YOUR                      

ATHLETIC TEAM MAY BE REQUIRED TO FORFEIT ALL GAMES IN WHICH YOU    350          

PARTICIPATED AFTER SIGNING.  SUCH ACTION ALSO MAY CAUSE YOUR       351          

ATHLETIC TEAM TO BE DECLARED INELIGIBLE FOR POST-SEASON PLAY."     353          

      (4)  THE ATHLETE AGENT AGREES IN THE AGENT CONTRACT TO       356          

PROVIDE WRITTEN NOTICE OF THE AGENT CONTRACT TO THE ATHLETIC       358          

DIRECTOR OR PERSON OF SIMILAR POSITION AT THE EDUCATIONAL                       

INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN WHICH THE        359          

ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME THE ATHLETE   360          

NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY SANCTIONED     362          

ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT AFTER       363          

ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER ENTERING  365          

THAT AGENT CONTRACT.                                                            

      (5)  ALL TERMS AND CONDITIONS CONTAINED IN THE AGENT         367          

CONTRACT COMPLY WITH STATE AND FEDERAL LAW.                        368          

      (B)  A PROVISION IN AN AGENT CONTRACT THAT PROVIDES FOR THE  371          

RESOLUTION OF ANY CONTROVERSY IN CONNECTION WITH THE CONTRACT BY   372          

ARBITRATION IS VOID AND UNENFORCEABLE UNLESS BOTH OF THE           373          

FOLLOWING APPLY:                                                                

      (1)  THE PROVISION IS CONTAINED IN AN AGENT CONTRACT         375          

BETWEEN AN ATHLETE AGENT AND AN ATHLETE FOR WHOM THE ATHLETE       376          

AGENT UNDERTAKES TO SECURE EMPLOYMENT.                             377          

      (2)  THE PROVISION IS INCLUDED IN THE AGENT CONTRACT         379          

PURSUANT TO A RULE, REGULATION, OR CONTRACT OF A BONA FIDE LABOR   380          

UNION OR ORGANIZATION THAT REGULATES THE RELATIONS OF ITS MEMBERS  382          

WITH ATHLETE AGENTS.                                                            

      (C)  AN ATHLETE AND ATHLETE AGENT WHO ENTER AN AGENT         384          

CONTRACT EACH SHALL PROVIDE WRITTEN NOTICE OF THAT AGENT CONTRACT  385          

TO THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE      387          

                                                          10     

                                                                 
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN      388          

WHICH THE ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME     389          

THE ATHLETE NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY                 

SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT  391          

AFTER ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER     393          

ENTERING THAT AGENT CONTRACT.                                                   

      Sec. 4771.04.  Any agent contract entered into in violation  402          

of sections 4771.01 to 4771.06 of the Revised Code THIS CHAPTER    404          

shall be void and unenforceable.                                   405          

      AN AGENT CONTRACT ENTERED INTO IN THIS STATE OR AN AGENT     407          

CONTRACT ENTERED WITH AN ATHLETE WHO IS ENROLLED IN AN             408          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION         409          

LOCATED IN THIS STATE SHALL BE GOVERNED BY OHIO LAW.               410          

      Sec. 4771.05.  (A)  THE OHIO ATHLETIC COMMISSION,            413          

ESTABLISHED UNDER SECTION 3773.33 OF THE REVISED CODE, SHALL DO    414          

ALL OF THE FOLLOWING:                                                           

      (1)  REVIEW THE QUALIFICATIONS OF AN APPLICANT FOR           416          

REGISTRATION AS AN ATHLETE AGENT;                                  417          

      (2)  ISSUE AND RENEW BIENNIAL REGISTRATIONS FOR AN ATHLETE   419          

AGENT PURSUANT TO THIS CHAPTER;                                    420          

      (3)  MAINTAIN RECORDS OF EVERY ATHLETE AGENT REGISTERED IN   423          

THIS STATE, INCLUDING THE AGENT'S BUSINESS AND RESIDENTIAL         424          

ADDRESS, AND THE DATE AND NUMBER OF THE AGENT'S REGISTRATION;      425          

      (4)  APPOINT AN EXECUTIVE DIRECTOR WHO SHALL SERVE AT THE    428          

COMMISSION'S PLEASURE AND ASSIST THE COMMISSION IN CARRYING OUT    429          

THE PURPOSES OF THIS CHAPTER;                                                   

      (5)  ESTABLISH A REGISTRATION FORM TO BE COMPLETED BY AN     431          

INDIVIDUAL SEEKING REGISTRATION AS AN ATHLETE AGENT;               432          

      (6)  ESTABLISH A FEE FOR THE REGISTRATION, AND RENEWAL OF    435          

THE REGISTRATION, OF AN INDIVIDUAL AS AN ATHLETE AGENT IN AN       436          

AMOUNT NECESSARY TO GENERATE SUFFICIENT FUNDS TO COVER THE COST    437          

OF ADMINISTERING AND ENFORCING THIS CHAPTER;                                    

      (7)  DEVELOP OR APPROVE FORMS TO BE USED AS AGENT            440          

CONTRACTS;                                                                      

                                                          11     

                                                                 
      (8)  ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE      443          

REVISED CODE TO CARRY OUT THE PURPOSES OF THIS CHAPTER.            444          

      (B)  THE COMMISSION SHALL RECEIVE AND REVIEW APPLICATIONS    447          

FOR THE REGISTRATION OF ATHLETE AGENTS.  UPON RECEIPT OF AN        448          

APPLICATION FOR REGISTRATION THE COMMISSION SHALL EVALUATE THE     449          

INFORMATION PROVIDED AND THE EDUCATION, TRAINING, EXPERIENCE, AND  450          

CHARACTER OF THE APPLICANT.  THE COMMISSION MAY EXAMINE THE        451          

LOCATION NAMED AS THE PRINCIPAL PLACE OF BUSINESS AT WHICH THE     452          

APPLICANT PROPOSES TO CONDUCT BUSINESS AS AN ATHLETE AGENT.  THE   453          

COMMISSION MAY ISSUE A CERTIFICATE OF REGISTRATION TO ANY          454          

APPLICANT IT FINDS QUALIFIED TO SERVE AS AN ATHLETE AGENT AND WHO  455          

MEETS THE REQUIREMENTS OF THIS CHAPTER AND RULES ADOPTED UNDER     456          

IT.                                                                             

      (C)  THE COMMISSION MAY ISSUE A TEMPORARY CERTIFICATE OF     459          

REGISTRATION, EFFECTIVE FOR A PERIOD OF UP TO NINETY DAYS AFTER    460          

THE ISSUANCE OF THE TEMPORARY REGISTRATION, TO AN ATHLETE AGENT    461          

WHO IS REGISTERED AS AN ATHLETE AGENT IN ANOTHER STATE, OR TO A    462          

PERSON WHO SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF THIS    464          

CHAPTER FOR REGISTRATION AS AN ATHLETE AGENT.                      465          

      (D)  THE COMMISSION MAY REQUIRE EACH REGISTERED ATHLETE      468          

AGENT TO COMPLETE NOT MORE THAN SIX HOURS OF CONTINUING EDUCATION  469          

DURING A BIENNIAL REGISTRATION IN PROGRAMS TO BE DETERMINED OR     470          

APPROVED BY THE COMMISSION.  IF THE COMMISSION IMPOSES CONTINUING  471          

EDUCATION REQUIREMENTS ON ATHLETE AGENTS, NOT LESS THAN TWO OF     472          

THE SIX HOURS OF CONTINUING EDUCATION SHALL BE DEVOTED TO ETHICS.  473          

      A CONTINUING EDUCATION PROGRAM SHALL PROMOTE THE ABILITY OF  476          

AN ATHLETE AGENT TO SERVE AS AN ATHLETE AGENT IN AN ETHICAL AND    477          

LEGAL MANNER.  A CONTINUING EDUCATION PROGRAM MAY ADDRESS LAWS     478          

AND RULES GOVERNING ATHLETE AGENTS AND RULES AND POLICIES          479          

ESTABLISHED BY AN ATHLETIC CONFERENCE OR A COLLEGIATE ATHLETIC     480          

ORGANIZATION.  AN ATHLETE AGENT ALSO MAY OBTAIN CREDIT FOR         481          

CONTINUING EDUCATION BY PARTICIPATING IN OR ATTENDING LECTURES,    482          

COURSES AT INSTITUTIONS OF HIGHER EDUCATION, SEMINARS, OR RULE     483          

MAKING OR DISCIPLINARY PROCEEDINGS APPROVED BY THE COMMISSION, OR  484          

                                                          12     

                                                                 
BY TEACHING A SUBJECT THAT PERTAINS TO THE PROFESSION OF AN        485          

ATHLETE AGENT.  THE COMMISSION MAY ADOPT RULES TO CARRY OUT THE    486          

PURPOSES OF THIS DIVISION.                                                      

      Sec. 4771.06.  NO PERSON SHALL SERVE AS AN ATHLETE AGENT IN  488          

THIS STATE UNLESS THE PERSON HOLDS A CURRENT AND VALID             489          

CERTIFICATE OF REGISTRATION AS AN ATHLETE AGENT ISSUED UNDER       491          

SECTION 4771.07 OF THE REVISED CODE, A TEMPORARY CERTIFICATE       493          

ISSUED UNDER SECTION 4771.05 OF THE REVISED CODE, OR A TEMPORARY   496          

CERTIFICATE OF CONVENIENCE ISSUED UNDER SECTION 4771.17 OF THE     498          

REVISED CODE.                                                      499          

      Sec. 4771.07.  (A)  EACH INDIVIDUAL WHO DESIRES TO SERVE AS  502          

AN ATHLETE AGENT WITHIN THIS STATE, SHALL FIRST FILE AN            503          

APPLICATION FOR REGISTRATION WITH THE OHIO ATHLETIC COMMISSION.    504          

THE APPLICANT SHALL APPLY USING A FORM PRESCRIBED BY THE           505          

COMMISSION AND SHALL PROVIDE ALL THE FOLLOWING INFORMATION:        506          

      (1)  THE NAME AND RESIDENTIAL ADDRESS OF THE APPLICANT;      509          

      (2)  THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE        511          

APPLICANT WISHES TO CONDUCT BUSINESS AS AN ATHLETE AGENT;          512          

      (3)  THE TYPE OF BUSINESS CONDUCTED OR THE OCCUPATION HELD   514          

BY THE APPLICANT DURING THE FIVE YEARS IMMEDIATELY PRECEDING       515          

APPLICATION;                                                                    

      (4)  THE LOCATION AND EVIDENCE OF A TRUST FUND ESTABLISHED   517          

IN ACCORDANCE WITH THIS CHAPTER AND RULES ADOPTED BY THE           518          

COMMISSION;                                                        519          

      (5)  ALL OTHER BIOGRAPHICAL INFORMATION DEEMED NECESSARY BY  521          

THE COMMISSION;                                                    522          

      (6)  THE NAMES AND ADDRESS OF ALL PERSONS WHO HAVE A         525          

FINANCIAL INTEREST IN THE BUSINESS OPERATION OF THE APPLICANT, OR  526          

WHO ARE COMPENSATED FOR THE SOLICITATION OR RECRUITMENT OF         527          

ATHLETES ON BEHALF OF THE APPLICANT, EXCEPT FOR SALARIED           528          

EMPLOYEES WHO RECEIVE NO COMMISSION OR BONUS PURSUANT TO ANY       529          

AGENT OR PROFESSIONAL SPORTS SERVICES CONTRACT.                    530          

      (B)  THE APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR     532          

REGISTRATION AN AFFIDAVIT OR CERTIFICATE OF COMPLETION DESCRIBING  534          

                                                          13     

                                                                 
ALL FORMAL TRAINING OR PRACTICAL EXPERIENCE COMPLETED BY THE       535          

APPLICANT IN ANY OF THE FOLLOWING AREAS:                                        

      (1)  CONTRACTS;                                              537          

      (2)  CONTRACT NEGOTIATIONS;                                  539          

      (3)  COMPLAINT RESOLUTION;                                   541          

      (4)  ARBITRATION;                                            543          

      (5)  DISPUTE RESOLUTION.                                     545          

      AN ATTORNEY ADMITTED TO PRACTICE LAW IN THIS STATE SHALL     548          

SUBMIT WITH THE APPLICATION, A CERTIFICATE OF GOOD STANDING        549          

ISSUED BY THE SUPREME COURT OF OHIO IN LIEU OF AN AFFIDAVIT OR     550          

CERTIFICATE OTHERWISE REQUIRED UNDER THIS DIVISION.  THE           551          

COMMISSION MAY CONSIDER ANY OTHER RELEVANT TRAINING, EDUCATION,    552          

OR EXPERIENCE OF AN APPLICANT IN EVALUATING THE APPLICANT'S        553          

QUALIFICATIONS TO SERVE AS AN ATHLETE AGENT AND OBTAIN             554          

REGISTRATION UNDER THIS CHAPTER.                                                

      (C)  AN APPLICANT SHALL SUBMIT TO THE COMMISSION AN          557          

APPLICATION FEE IN AN AMOUNT DETERMINED BY THE COMMISSION          558          

PURSUANT TO DIVISION (A)(6) OF SECTION 4771.05 OF THE REVISED      559          

CODE.                                                                           

      (D)  AN ATHLETE AGENT SHALL NOTIFY THE COMMISSION OF ANY     562          

CHANGE IN BUSINESS LOCATION OR ADDRESS DURING THE PERIOD OF        563          

APPLICATION FOR REGISTRATION OR DURING THE PERIOD OF TIME THE      564          

REGISTRATION OF THE ATHLETE AGENT IS VALID.                        565          

      (E)  THE REGISTRATION OF AN ATHLETE AGENT WITH THE           568          

COMMISSION IS VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE THE   569          

CERTIFICATE OF REGISTRATION IS ISSUED.  AN ATHLETE AGENT SHALL     570          

FILE AN APPLICATION FOR THE RENEWAL OF A REGISTRATION WITH THE     571          

COMMISSION AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION OF THE     573          

REGISTRATION OF THE ATHLETE AGENT.  AN APPLICATION FOR RENEWAL     574          

SHALL BE ACCOMPANIED BY A RENEWAL FEE IN AN AMOUNT DETERMINED BY   575          

THE COMMISSION.                                                                 

      (F)  THE COMMISSION IS NOT LIABLE FOR THE ACTS OF AN         578          

ATHLETE AGENT WHO IS REGISTERED WITH THE COMMISSION.               579          

      Sec. 4771.08.  (A)  EACH CERTIFICATE OF REGISTRATION ISSUED  582          

                                                          14     

                                                                 
BY THE OHIO ATHLETIC COMMISSION TO AN ATHLETE AGENT SHALL CONTAIN  583          

ALL THE FOLLOWING INFORMATION:                                     584          

      (1)  THE NAME OF THE ATHLETE AGENT;                          586          

      (2)  THE ADDRESS OF A LOCATION IN WHICH THE ATHLETE AGENT    589          

IS AUTHORIZED TO CONDUCT BUSINESS AS AN ATHLETE AGENT;                          

      (3)  A REGISTRATION NUMBER FOR THE ATHLETE AGENT AND THE     591          

DATE OF ISSUANCE OF THE REGISTRATION.                              592          

      (B)  NO REGISTRATION OR CERTIFICATE OF REGISTRATION IS       595          

VALID FOR ANY INDIVIDUAL OTHER THAN THE ATHLETE AGENT TO WHOM IT   596          

IS ISSUED. NO REGISTRATION OR CERTIFICATE OF REGISTRATION OF AN    597          

ATHLETE AGENT SHALL BE VALID FOR ANY BUSINESS LOCATION OTHER THAN  598          

A LOCATION DESIGNATED IN THE CERTIFICATE OF REGISTRATION.          599          

      Sec. 4771.09.  (A)  THE OHIO ATHLETIC COMMISSION MAY REFUSE  602          

TO GRANT OR RENEW A REGISTRATION, OR MAY SUSPEND OR REVOKE A       604          

REGISTRATION OF AN ATHLETE AGENT UPON PROOF SATISFACTORY TO THE    605          

COMMISSION THAT THE ATHLETE AGENT OR AN EMPLOYEE OR                606          

REPRESENTATIVE OF THE ATHLETE AGENT HAS DONE ANY OF THE            607          

FOLLOWING:                                                                      

      (1)  MADE FALSE OR MISLEADING STATEMENTS OF A MATERIAL       609          

NATURE IN AN APPLICATION FOR REGISTRATION AS AN ATHLETE AGENT;     611          

      (2)  BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE IN    613          

CONNECTION WITH THE PERSON'S SERVICE AS AN ATHLETE AGENT IN THIS   615          

OR ANOTHER STATE;                                                               

      (3)  BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE       617          

INVOLVING ILLEGAL GAMBLING;                                        618          

      (4)  ENGAGED IN CONDUCT THAT HAS A SIGNIFICANT ADVERSE       621          

IMPACT ON THE APPLICANT'S CREDIBILITY, INTEGRITY, OR COMPETENCE    622          

TO SERVE IN A FIDUCIARY CAPACITY;                                  623          

      (5)  MISAPPROPRIATED FUNDS OR ENGAGED IN OTHER SPECIFIC      625          

CONDUCT THAT WOULD RENDER THE APPLICANT UNFIT TO SERVE IN A        627          

FIDUCIARY CAPACITY, INCLUDING BEING CONVICTED OF OR PLEADING       628          

GUILTY TO OFFENSES INVOLVING EMBEZZLEMENT, THEFT, OR FRAUD;        629          

      (6)  VIOLATED A PROVISION OF THIS CHAPTER OR A RULE ADOPTED  632          

UNDER THIS CHAPTER.                                                             

                                                          15     

                                                                 
      (B)  UPON RECEIVING A COMPLAINT OF A VIOLATION OF THIS       635          

CHAPTER OR A RULE ADOPTED UNDER IT, THE COMMISSION SHALL CONDUCT   636          

AN INVESTIGATION OF THE COMPLAINT.  IF THE COMMISSION FINDS        637          

REASONABLE CAUSE TO BELIEVE A VIOLATION OCCURRED, THE COMMISSION   638          

SHALL CONDUCT A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE     640          

REVISED CODE TO DETERMINE IF A VIOLATION OCCURRED.  IF THE         642          

COMMISSION FINDS A VIOLATION OCCURRED, THE COMMISSION MAY SUSPEND  643          

OR REVOKE, OR REFUSE TO ISSUE OR RENEW, THE REGISTRATION OF AN     644          

ATHLETE AGENT FOR SUCH PERIOD OF TIME AS THE COMMISSION FINDS      645          

APPROPRIATE.                                                       646          

      UPON COMPLETION OF AN INVESTIGATION, IF THE COMMISSION       648          

FINDS NO REASONABLE GROUNDS TO BELIEVE A VIOLATION OCCURRED, THE   649          

COMMISSION SHALL CERTIFY WITHOUT A HEARING, THAT NO VIOLATION      650          

OCCURRED.  THE COMMISSION SHALL SERVE THE CERTIFICATION ON ALL     651          

PARTIES ADDRESSED IN THE COMPLAINT BY CERTIFIED MAIL, WITH RETURN  653          

RECEIPT REQUESTED.  THE CERTIFICATION SHALL BE CONSIDERED A FINAL  654          

RESOLUTION OF THE MATTER IF NO OBJECTION TO THE CERTIFICATION IS   655          

FILED.  A PARTY INVOLVED IN THE COMPLAINT MAY FILE AN OBJECTION    656          

TO THE CERTIFICATION WITH THE COMMISSION WITHIN TEN DAYS AFTER     657          

THE DATE THE CERTIFICATION IS MAILED.  IF A PARTY FILES AN         658          

OBJECTION TO THE CERTIFICATION WITHIN THE PRESCRIBED PERIOD, THE   659          

COMMISSION, WITHIN ITS DISCRETION, MAY CONDUCT A HEARING IN        660          

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF   663          

A VIOLATION OCCURRED.                                              664          

      Sec. 4771.10.  (A)  PRIOR TO ISSUING A CERTIFICATE OF        666          

REGISTRATION, THE OHIO ATHLETIC COMMISSION SHALL REQUIRE AN        667          

ATHLETE AGENT TO SUBMIT PROOF OF ONE OF THE FOLLOWING SECURITIES:  669          

      (1)  A SURETY BOND IN THE AMOUNT OF FIFTEEN THOUSAND         673          

DOLLARS IN FAVOR OF THE STATE OF OHIO FOR THE BENEFIT OF ANY       674          

PERSON WHO IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES      675          

ADOPTED UNDER THIS CHAPTER;                                                     

      (2)  A CERTIFICATE OF DEPOSIT IN FAVOR OF, OR A SAVINGS      677          

ACCOUNT ASSIGNED TO, THE STATE OF OHIO FOR THE BENEFIT OF ANY      678          

PERSON THAT IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES     679          

                                                          16     

                                                                 
ADOPTED UNDER THIS CHAPTER, IN THE AMOUNT OF FIFTEEN THOUSAND      681          

DOLLARS;                                                                        

      (3)  CERTIFICATION FROM AN INSURANCE CARRIER INDICATING      683          

THAT THE ATHLETE AGENT HAS OBTAINED PROFESSIONAL MALPRACTICE       684          

INSURANCE IN AN AMOUNT EQUAL TO, OR GREATER THAN, FIFTY THOUSAND   685          

DOLLARS, OR A LESSER AMOUNT, AS PERMITTED BY THE COMMISSION.       686          

      AN ATHLETE AGENT SHALL PRESENT EVIDENCE OF A BOND,           688          

CERTIFICATE OF DEPOSIT, ASSIGNED SAVINGS ACCOUNT, OR PROFESSIONAL  689          

MALPRACTICE INSURANCE IN THE MANNER PRESCRIBED BY THE COMMISSION.  691          

      (B)  THE COMMISSION SHALL HOLD ON DEPOSIT, AS AN AGENT OF    694          

THE STATE, ANY SURETY BOND OR OTHER FORM OF SECURITY DEPOSITED     696          

WITH THE COMMISSION BY AN ATHLETE AGENT.  THE COMMISSION SHALL     697          

HOLD THE SECURITY IN TRUST CONTINGENT ON AN ATHLETE AGENT'S        698          

COMPLIANCE WITH ALL PROVISIONS OF THIS CHAPTER INCLUDING THE       699          

PAYMENT OF ALL MONEYS OWED TO AN ATHLETE, GROUP OF ATHLETES,       700          

EDUCATIONAL INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION, AND   701          

THE PAYMENT OF ALL DAMAGES DUE AS THE RESULT OF A MISSTATEMENT,    702          

MISREPRESENTATION, FRAUDULENT ACT, DECEIT, OR UNLAWFUL OR          703          

NEGLIGENT ACT OR OMISSION BY AN ATHLETE AGENT IN THE COURSE OF     704          

SERVING AS AN ATHLETE AGENT, OR BY A REPRESENTATIVE OR EMPLOYEE    705          

OF AN ATHLETE AGENT WHEN THE REPRESENTATIVE OR EMPLOYEE ACTED      706          

WITHIN THE SCOPE OF THE REPRESENTATIVE'S OR EMPLOYEE'S AUTHORITY.  708          

THE COMMISSION MAY USE FUNDS HELD ON DEPOSIT FOR AN ATHLETE AGENT  710          

TO PAY DEBTS OWED BY AN ATHLETE AGENT AS DESCRIBED IN THIS         711          

DIVISION PURSUANT TO A COURT OR ADMINISTRATIVE ORDER SPECIFYING    712          

THE OBLIGATION OF THE ATHLETE AGENT.                               713          

      (C)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT     716          

THE LIABILITY OF AN ATHLETE AGENT TO THE AMOUNT OF THE SURETY      717          

BOND, MALPRACTICE COVERAGE, OR OTHER SECURITY HELD ON DEPOSIT BY   718          

THE COMMISSION.                                                                 

      (D)  AN ATHLETE AGENT SHALL MAINTAIN THE SECURITY REQUIRED   720          

UNDER THIS SECTION.  IF AN ATHLETE AGENT FAILS TO MAINTAIN THE     722          

SECURITY AS REQUIRED UNDER THIS SECTION, THE COMMISSION SHALL      724          

SUSPEND THE REGISTRATION OF THE ATHLETE AGENT UNTIL THE ATHLETE    725          

                                                          17     

                                                                 
AGENT PROVIDES EVIDENCE OF THE BOND, CERTIFICATE OF DEPOSIT,       726          

ASSIGNED SAVINGS ACCOUNT, OR PROOF OF MALPRACTICE INSURANCE, AS    728          

REQUIRED UNDER THIS SECTION.                                                    

      (E)  THE COMMISSION SHALL RETURN THE SURETY BOND OR OTHER    730          

FORM OF SECURITY HELD BY THE COMMISSION UNDER THIS SECTION TO THE  731          

ATHLETE AGENT SUBMITTING THE BOND OR SECURITY, TWO YEARS AFTER     732          

THE PERSON CEASES TO SERVE AS AN ATHLETE AGENT IN THIS STATE.      733          

      Sec. 4771.11.  (A)  AN ATHLETE AGENT SHALL MAINTAIN ALL OF   736          

THE FOLLOWING RECORDS:                                                          

      (1)  THE NAME AND ADDRESS OF EACH ATHLETE FOR WHOM THE       738          

ATHLETE AGENT PERFORMS SERVICES AS AN ATHLETE AGENT IN EXCHANGE    739          

FOR COMPENSATION;                                                  740          

      (2)  THE AMOUNT OF FEES OR COMPENSATION RECEIVED FOR THE     742          

PERFORMANCE OF SERVICES FOR EACH ATHLETE;                          743          

      (3)  A COPY OF THE CONTRACT ENTERED INTO BETWEEN THE         745          

ATHLETE AGENT AND EACH ATHLETE;                                    746          

      (4)  ANY OTHER INFORMATION THE OHIO ATHLETIC COMMISSION      748          

FINDS APPROPRIATE IN CONNECTION WITH THE PROVISION OF SERVICES BY  750          

AN ATHLETE AGENT.                                                  751          

      (B)  AN ATHLETE AGENT SHALL MAINTAIN ALL RECORDS REQUIRED    754          

TO BE MAINTAINED PURSUANT TO THIS SECTION IN A MANNER, WHICH THE   755          

COMMISSION SHALL PRESCRIBE, FOR A PERIOD OF FIVE YEARS.            756          

      (C)  NO ATHLETE AGENT OR AN EMPLOYEE OR REPRESENTATIVE OF    759          

AN ATHLETE AGENT SHALL MAKE, OR CAUSE TO BE MADE, ANY FALSE        760          

RECORDS OR RECORDS CONTAINING FALSE INFORMATION.                   761          

      (D)  ALL FINANCIAL RECORDS, FINANCIAL BOOKS, AND ALL OTHER   764          

RECORDS NOT SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE THAT ARE      765          

REQUIRED TO BE MAINTAINED PURSUANT TO THIS CHAPTER SHALL BE OPEN   766          

TO INSPECTION BY THE COMMISSION AND ITS REPRESENTATIVES, UPON      767          

REASONABLE NOTICE, AT THE PLEASURE OF THE COMMISSION.              768          

      Sec. 4771.12.  (A)  FEES CHARGED BY AN ATHLETE AGENT FOR     771          

SERVICES PROVIDED TO AN ATHLETE MAY BE NEGOTIATED BETWEEN THE      772          

PARTIES.                                                                        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS        774          

                                                          18     

                                                                 
SECTION, AN ATHLETE AGENT SHALL ESTABLISH AN INTEREST BEARING      776          

TRUST FUND OR SIMILAR ACCOUNT IN A DEPOSITORY APPROVED BY THE      777          

OHIO ATHLETIC COMMISSION TO BE USED FOR THE DEPOSIT OF ALL         778          

REVENUES RECEIVED ON BEHALF OF AN ATHLETE.  AN ATHLETE AGENT       779          

SHALL DEPOSIT ANY REVENUE RECEIVED ON BEHALF OF AN ATHLETE IN THE  780          

INTEREST BEARING TRUST FUND OR ACCOUNT.  THE ATHLETE AGENT SHALL   781          

NOTIFY THE COMMISSION OF THE ADDRESS AND LOCATION OF THE TRUST     782          

FUND OR ACCOUNT AND THE DEPOSITORY IN WHICH IT IS LOCATED.         783          

      (2)  AN ATHLETE AGENT WHO IS AN ATTORNEY LICENSED TO         785          

PRACTICE LAW IN THIS STATE MAY DEPOSIT ANY REVENUE RECEIVED ON     786          

BEHALF OF AN ATHLETE IN A TRUST ACCOUNT ALREADY MAINTAINED BY THE  787          

AGENT ATTORNEY IN A FINANCIAL INSTITUTION IN THIS STATE FOR THE    788          

DEPOSIT OF REVENUE RECEIVED ON BEHALF OF CLIENTS.                  789          

      (C)  NO ATHLETE AGENT SHALL SHARE FEES WITH ANY PERSON       792          

OTHER THAN AN EMPLOYEE OF THE ATHLETE AGENT.  IF AN ATHLETE AGENT  793          

SHARES A FEE WITH AN EMPLOYEE, THE ATHLETE AGENT SHALL OBTAIN      794          

WRITTEN CONSENT FROM THE ATHLETE PRIOR TO ENTERING A FEE           795          

AGREEMENT WITH THE ATHLETE.  NO ATHLETE AGENT SHALL ENTER FEE      796          

AGREEMENTS THAT ARE PROHIBITED UNDER THIS CHAPTER.                 797          

      (D)  IF AN ATHLETE AGENT COLLECTS A FEE OR EXPENSE FROM AN   800          

ATHLETE AS CONSIDERATION FOR OBTAINING EMPLOYMENT FOR THE          801          

ATHLETE, AND THE ATHLETE AGENT FAILS TO PROCURE SUCH EMPLOYMENT,   802          

THE AGENT SHALL RETAIN ONLY THE FOLLOWING PORTION OF THE FEE OR    803          

EXPENSE:                                                                        

      (1)  THE COST OF REASONABLE EXPENSES INCURRED BY THE         805          

ATHLETE AGENT DURING THE COURSE OF REPRESENTING THE ATHLETE IN     806          

EFFORTS TO OBTAIN EMPLOYMENT FOR THE ATHLETE;                      807          

      (2)  A NEGOTIATED FEE IN CONNECTION WITH INSTANCES WHERE     809          

THE ATHLETE RECEIVES A BONUS OR SOME COMPENSATION FOR SIGNING A    811          

PROFESSIONAL SPORTS SERVICES CONTRACT.                                          

      (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT     814          

THE AUTHORITY OF THE OHIO SUPREME COURT TO ESTABLISH OR REGULATE   815          

FEES FOR ACTIVITIES CONSIDERED TO BE THE PRACTICE OF LAW.          816          

      Sec. 4771.13.  (A)  NO ATHLETE AGENT SHALL ACT ON BEHALF OF  819          

                                                          19     

                                                                 
AN ATHLETE AS A "DEALER" OR "INVESTMENT ADVISOR," AS DEFINED IN    820          

SECTION 1707.01 OF THE REVISED CODE, UNLESS THE ATHLETE AGENT      822          

COMPLIES WITH CHAPTER 1707. OF THE REVISED CODE.                   826          

      (B)  AN ATHLETE AGENT SHALL DISCLOSE TO AN ATHLETE AND THE   829          

OHIO ATHLETIC COMMISSION ANY OWNERSHIP INTEREST THE ATHLETE AGENT  830          

HAS IN AN ENTITY REFERRED TO BY THE ATHLETE AGENT IN ADVISING THE  831          

ATHLETE CONCERNING INVESTMENTS.  AN ATHLETE AGENT SHALL DISCLOSE   832          

ANY COMMISSIONS OR FEES THE ATHLETE AGENT MAY RECEIVE AS A RESULT  833          

OF AN INVESTMENT DECISION MADE BY AN ATHLETE IN RESPONSE TO        834          

INVESTMENT ADVICE FROM THE ATHLETE AGENT.                          835          

      Sec. 4771.14.  NO ATHLETE AGENT SHALL PUBLISH OR CAUSE TO    838          

BE PUBLISHED ANY FALSE, FRAUDULENT, OR MISLEADING NOTICE,                       

ADVERTISEMENT, OR INFORMATION WITH KNOWLEDGE THAT IT IS FALSE,     839          

FRAUDULENT, OR MISLEADING.  ALL ADVERTISEMENTS OF AN ATHLETE       840          

AGENT SHALL CONTAIN THE NAME AND REGISTERED BUSINESS ADDRESS OF    841          

THE ATHLETE AGENT AND SOME INDICATION THAT THE ATHLETE AGENT IS    842          

REGISTERED WITH THE OHIO ATHLETIC COMMISSION.                      843          

      AS USED IN THIS SECTION, "ADVERTISEMENT" INCLUDES            846          

CIRCULARS, SIGNS, NEWSPAPER OR MAGAZINE PUBLICATIONS, OR OTHER     847          

ORAL OR WRITTEN COMMUNICATION THAT NAMES THE ATHLETE AGENT IN      848          

CONNECTION WITH THE PROVISION OF SERVICES AS AN ATHLETE AGENT.     849          

      Sec. 4771.15.  NO ATHLETE AGENT SHALL DO ANY OF THE          851          

FOLLOWING:                                                         852          

      (A)  PROVIDE FALSE INFORMATION OR MAKE FALSE PROMISES OR     855          

REPRESENTATIONS CONCERNING THE EMPLOYMENT OF AN ATHLETE;           856          

      (B)  ENGAGE IN ANY CONDUCT THAT DEMONSTRATES BAD FAITH OR    859          

DISHONESTY IN CONNECTION WITH THE PERFORMANCE OF SERVICES AS AN    860          

ATHLETE AGENT;                                                                  

      (C)  COMMINGLE MONEY OR PROPERTY OF AN ATHLETE WITH THE      863          

AGENT'S OWN MONEY OR PROPERTY;                                                  

      (D)  OFFER ANYTHING OF VALUE TO A PERSON IN ORDER TO INDUCE  866          

AN ATHLETE TO ENTER INTO AN AGREEMENT PURSUANT TO WHICH THE        867          

ATHLETE AGENT REPRESENTS THE INTERESTS OF THE ATHLETE;             868          

      (E)  ENGAGE IN RECKLESS OR INTENTIONAL MISMANAGEMENT OR      871          

                                                          20     

                                                                 
MISCONDUCT AS AN ATHLETE AGENT WHERE SUCH CONDUCT RESULTS IN       872          

FINANCIAL HARM TO AN ATHLETE OR AN INSTITUTION OF HIGHER           873          

EDUCATION;                                                                      

      (F)  VIOLATE THE RULES OF THE ATHLETIC CONFERENCE OR         876          

COLLEGIATE ATHLETIC ASSOCIATION GOVERNING AN ATHLETE OR THE        877          

INSTITUTION OF HIGHER EDUCATION IN WHICH AN ATHLETE IS ENROLLED    878          

WHEN THE VIOLATION MAY IMPACT THE ELIGIBILITY OF THE ATHLETE TO    880          

PARTICIPATE IN ATHLETIC COMPETITION OR OTHERWISE PENALIZE THE                   

INSTITUTION OF HIGHER EDUCATION;                                   881          

      (G)  AID OR ABET ANOTHER IN CONDUCT THAT VIOLATES THE RULES  884          

OF THE ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION      885          

GOVERNING AN ATHLETE OR THE INSTITUTION OF HIGHER EDUCATION IN     886          

WHICH THE ATHLETE IS ENROLLED, WHEN THE VIOLATION RESULTS IN THE   887          

INELIGIBILITY OF THE ATHLETE TO PARTICIPATE IN ATHLETIC            889          

COMPETITION OR OTHERWISE PENALIZES THE INSTITUTION OF HIGHER                    

EDUCATION;                                                         890          

      (H)  MAKE ANY CONTACT WITH AN ATHLETE THAT IS PROHIBITED     893          

UNDER THIS CHAPTER, OTHER STATE OR FEDERAL LAW, OR THE RULES OF    894          

ANY ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION;        895          

      (I)  POST-DATE AN AGENT OR PROFESSIONAL SPORTS SERVICES      898          

CONTRACT;                                                                       

      (J)  LOAN OR ADVANCE MONEY TO AN ATHLETE OR THE FAMILY OR    901          

FRIENDS OF AN ATHLETE IN CONNECTION WITH THE RECRUITMENT OR        902          

SOLICITATION OF THE ATHLETE;                                       903          

      (K)  PROVIDE TRANSPORTATION, MATERIAL GOODS, OR ANY OTHER    906          

SERVICES TO AN ATHLETE, OR FAMILY OR FRIENDS OF AN ATHLETE, IN     907          

CONNECTION WITH THE RECRUITMENT OR SOLICITATION OF AN ATHLETE;     908          

      (L)  PUBLISH OR CAUSE TO BE PUBLISHED ANY FALSE OR           910          

MISLEADING INFORMATION OR ADVERTISEMENTS CONCERNING THE ATHLETE    911          

AGENT, AN ATHLETE, OR THE PROVISION OF SERVICES BY AN ATHLETE      912          

AGENT.                                                             913          

      Sec. 4771.16.  AN ATHLETE AGENT MAY ENGAGE IN THE FOLLOWING  916          

CONDUCT:                                                                        

      (A)  PROVIDE OR SEND WRITTEN MATERIALS TO AN ATHLETE IF THE  919          

                                                          21     

                                                                 
ATHLETE AGENT SIMULTANEOUSLY SUBMITS AN IDENTICAL COPY OF THE      920          

MATERIALS TO THE ATHLETIC DIRECTOR OR THE DIRECTOR'S DESIGNEE, OR  921          

PERSON OF SIMILAR POSITION, AT THE EDUCATIONAL INSTITUTION OR      923          

INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED,  924          

OR TO THE INSTITUTION OF HIGHER EDUCATION TO WHICH THE ATHLETE     926          

PROVIDED A WRITTEN NOTICE OF INTENT TO PARTICIPATE IN                           

INTERCOLLEGIATE ATHLETICS;                                         927          

      (B)  CONTACT AN ATHLETE AFTER AN ATHLETE INITIATES CONTACT   930          

WITH AN ATHLETE AGENT, PROVIDED THAT THE ATHLETE AGENT PROVIDES    931          

NOTICE, IN ACCORDANCE WITH THIS CHAPTER, TO THE EDUCATIONAL        932          

INSTITUTION OR THE INSTITUTION OF HIGHER EDUCATION IN WHICH THE    934          

ATHLETE IS ENROLLED, OR THE INSTITUTION OF HIGHER EDUCATION TO                  

WHICH THE ATHLETE HAS PROVIDED A WRITTEN NOTICE OF INTENT TO       936          

PARTICIPATE IN INTERCOLLEGIATE ATHLETICS;                          937          

      (C)  PARTICIPATE IN EDUCATIONAL PROGRAMS SPONSORED BY AN     940          

INSTITUTION OF HIGHER EDUCATION OR A PROFESSIONAL SPORTS           941          

COUNSELING PANEL AT AN INSTITUTION OF HIGHER EDUCATION.            942          

      Sec. 4771.17.  (A)  THE OHIO ATHLETIC COMMISSION MAY ISSUE   945          

AN ELIGIBLE PERSON A CERTIFICATE OF CONVENIENCE TO CONDUCT         946          

BUSINESS AS AN ATHLETE AGENT WHEN A REGISTERED ATHLETE AGENT IS    947          

DECEASED, OR DECLARED INCOMPETENT OR PHYSICALLY INFIRM BY THE      948          

JUDGMENT OF A COURT OF COMPETENT JURISDICTION.  THE COMMISSION     949          

MAY ISSUE A CERTIFICATE OF CONVENIENCE UPON EITHER RECEIVING       950          

APPROVAL TO DO SO FROM A PROBATE COURT OR FINDING THAT THE LAST    951          

WILL AND TESTAMENT OF THE ATHLETE AGENT SPECIFICALLY AUTHORIZES    952          

THE EXECUTOR OR ADMINISTRATOR OF ESTATE TO CONDUCT THE BUSINESS    953          

OF THE ATHLETE AGENT.                                              954          

      (B)  THE FOLLOWING PERSONS ARE ELIGIBLE TO OBTAIN A          957          

CERTIFICATE OF CONVENIENCE TO CONDUCT BUSINESS ON BEHALF OF AN     958          

ATHLETE AGENT:                                                                  

      (1)  THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE      960          

DECEASED ATHLETE AGENT;                                            961          

      (2)  THE GUARDIAN OF THE ESTATE OF AN ATHLETE AGENT WHO HAS  963          

BEEN DECLARED INCOMPETENT OR THE CONSERVATOR APPOINTED TO MANAGE   964          

                                                          22     

                                                                 
THE ESTATE OF AN ATHLETE AGENT WHO HAS BEEN DECLARED PHYSICALLY    965          

INFIRM.                                                            966          

      (C)  A CERTIFICATE OF CONVENIENCE IS VALID FOR NINETY DAYS   968          

AFTER THE DATE IT IS ISSUED.  IF THE HOLDER OF A CERTIFICATE OF    969          

CONVENIENCE APPLIES FOR REGISTRATION AS AN ATHLETE AGENT, THE      970          

COMMISSION MAY RENEW THE CERTIFICATE OF CONVENIENCE FOR A PERIOD   971          

OF TIME THE COMMISSION FINDS APPROPRIATE PENDING THE COMMISSION'S  973          

DETERMINATION WHETHER TO ISSUE A CERTIFICATE OF REGISTRATION AS    974          

AN ATHLETE AGENT TO THE HOLDER OF THE CERTIFICATE OF CONVENIENCE.  975          

      Sec. 4771.18.  A PERSON WHO IS INJURED BY A VIOLATION OF     978          

THIS CHAPTER MAY INITIATE A CIVIL ACTION FOR LEGAL AND EQUITABLE   979          

RELIEF AGAINST AN ATHLETE AGENT IN A COURT HAVING JURISDICTION     980          

OVER THE MATTER.  THE PLAINTIFF ALSO MAY NAME THE SURETY, THE      981          

NAMED HOLDER OF ANY SECURITY REQUIRED OF AN ATHLETE AGENT UNDER    982          

THIS CHAPTER, OR THE CARRIER OF MALPRACTICE INSURANCE FOR AN       983          

ATHLETE AGENT AS ADDITIONAL PARTIES TO THE ACTION.  THIS CAUSE OF  984          

ACTION MAY BE TRANSFERRED OR ASSIGNED IN THE SAME MANNER AS        985          

PRESCRIBED FOR CIVIL ACTIONS UNDER OHIO LAW.  THE AMOUNT OF        986          

DAMAGES CLAIMED BY THE PLAINTIFF, AND NOT THE AMOUNT OF BOND,      987          

SECURITY, OR INSURANCE HELD IN THE NAME OF AN ATHLETE AGENT,       988          

DETERMINES THE JURISDICTION OF THE COURT IN WHICH THE ACTION IS    989          

BROUGHT.                                                                        

      Sec. 4771.19.  (A)  AN INSTITUTION OF HIGHER EDUCATION MAY   992          

BRING A CIVIL ACTION AGAINST AN ATHLETE AGENT WHO KNOWINGLY        993          

VIOLATES THIS CHAPTER FOR COMPENSATORY DAMAGES, PUNITIVE OR        994          

EXEMPLARY DAMAGES, AND EQUITABLE RELIEF AS THE COURT FINDS         995          

APPROPRIATE.  A COURT MAY GRANT EQUITABLE RELIEF TO A PLAINTIFF    996          

UNDER THIS SECTION TO PREVENT HARM THAT COULD RESULT FROM THE      997          

ACTS OR OMISSIONS OF AN ATHLETE OR ATHLETE AGENT IF THE COURT      999          

FINDS A REASONABLE LIKELIHOOD THAT A VIOLATION OCCURRED.           1,000        

      (B)  FOR PURPOSES OF THIS SECTION, AN INSTITUTION OF HIGHER  1,003        

EDUCATION SUFFERS HARM WHEN, AS THE RESULT OF THE ACTS OF AN       1,004        

ATHLETE AGENT OR AN ATHLETE, BOTH OF THE FOLLOWING OCCUR:          1,005        

      (1)  THE INSTITUTION OR AN ATHLETE ENROLLED AT THE           1,007        

                                                          23     

                                                                 
INSTITUTION IS PENALIZED OR IS DECLARED INELIGIBLE TO COMPETE IN   1,009        

INTERCOLLEGIATE ATHLETICS BY A NATIONAL ASSOCIATION THAT PROMOTES  1,010        

OR REGULATES INTERCOLLEGIATE ATHLETICS OR BY AN INTERCOLLEGIATE    1,011        

ATHLETIC CONFERENCE.                                                            

      (2)  AS A RESULT OF THE PENALTY OR DECLARATION OF            1,013        

INELIGIBILITY, THE INSTITUTION OF HIGHER EDUCATION EXPERIENCES     1,014        

ANY OF THE FOLLOWING:                                              1,015        

      (a)  A LOSS OF THE ABILITY TO GRANT AN ATHLETIC              1,017        

SCHOLARSHIP;                                                                    

      (b)  A LOSS OF THE ABILITY TO RECRUIT AN ATHLETE;            1,019        

      (c)  A LOSS OF ELIGIBILITY TO PARTICIPATE IN                 1,021        

INTERCOLLEGIATE COMPETITION;                                       1,022        

      (d)  A LOSS OF ELIGIBILITY TO PARTICIPATE IN POST-SEASON     1,024        

ATHLETIC COMPETITION;                                              1,025        

      (e)  A FORFEITURE OF ANY ATHLETIC CONTEST;                   1,027        

      (f)  AN ADVERSE FINANCIAL IMPACT INCLUDING, BUT NOT LIMITED  1,029        

TO, LOST REVENUE FROM MEDIA COVERAGE OF ATHLETIC COMPETITION OR    1,030        

LOST TICKET SALES.                                                 1,031        

      (C)  AN INSTITUTION OF HIGHER EDUCATION THAT PREVAILS IN AN  1,034        

ACTION BROUGHT UNDER THIS SECTION MAY RECOVER COMPENSATORY AND     1,035        

PUNITIVE OR EXEMPLARY DAMAGES.  A COURT ALSO MAY AWARD COURT       1,037        

COSTS AND REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.    1,038        

      Sec. 4771.20.  ANY PERSON WHO CONDUCTS BUSINESS IN THIS      1,040        

STATE AS AN ATHLETE AGENT CONSENTS TO THE JURISDICTION OF THE      1,042        

COURTS OF THIS STATE, WHETHER OR NOT THE PERSON IS REGISTERED AS   1,043        

AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.                1,044        

      IF AN ATHLETE AGENT CONDUCTS BUSINESS IN THIS STATE AND      1,046        

THEREAFTER LEAVES THIS STATE WITH INTENT TO DEFRAUD CREDITORS OR   1,048        

TO AVOID SERVICE OF PROCESS IN AN ACTION BROUGHT UNDER THIS        1,050        

CHAPTER, THE ATHLETE AGENT THEREBY MAKES THE SECRETARY OF STATE    1,051        

OF THE STATE OF OHIO THE AGENT OF THE ATHLETE AGENT FOR PURPOSES   1,053        

OF SERVICE OF PROCESS IN ANY CIVIL ACTION OR PROCEEDING            1,054        

INSTITUTED IN THE COURTS OF THIS STATE AGAINST THE ATHLETE AGENT   1,055        

ARISING OUT OF, OR BY REASON OF, THE ATHLETE AGENT'S CONDUCT       1,056        

                                                          24     

                                                                 
WITHIN THIS STATE.  THIS APPOINTMENT IS IRREVOCABLE.               1,057        

      THE PROCESS SHALL BE SERVED BY THE OFFICER TO WHOM THE       1,059        

PROCESS IS DIRECTED OR BY THE SHERIFF OF FRANKLIN COUNTY.  THE     1,061        

PROCESS SHALL BE SERVED AS FOLLOWS:                                             

      (A)  UPON THE SECRETARY OF STATE BY LEAVING THE PROCESS AND  1,063        

A TRUE AND ATTESTED COPY OF THE PROCESS AT THE OFFICE OF THE       1,065        

SECRETARY OF STATE, AT LEAST FIFTEEN DAYS BEFORE THE RETURN DAY    1,066        

OF THE PROCESS; AND                                                1,067        

      (B)  BY SENDING TO THE DEFENDANT, AT THE DEFENDANT'S LAST    1,069        

KNOWN ADDRESS, BY REGISTERED MAIL, POSTAGE PREPAID, A LIKE TRUE    1,071        

AND ATTESTED COPY OF THE PROCESS, WITH AN INDORSEMENT ON THE                    

PROCESS OF THE SERVICE UPON THE SECRETARY OF STATE.  THE           1,073        

REGISTERED MAIL RETURN RECEIPT OF THE DEFENDANT SHALL BE ATTACHED  1,074        

TO AND MADE A PART OF THE RETURN OF SERVICE OF THE PROCESS.        1,075        

      Sec. 4771.99.  (A)  Whoever violates section 4771.02         1,084        

4771.06 OR DIVISION (J) OR (K) OF SECTION 4771.15 of the Revised   1,086        

Code is guilty of a misdemeanor of the first degree.               1,087        

      (B)  AN ATHLETE AGENT WHO VIOLATES DIVISION (D) OF SECTION   1,090        

4771.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE                   

FIRST DEGREE.                                                                   

      Section 2.  That existing sections 3773.33, 3773.34,         1,092        

4771.01, 4771.02, 4771.04, and 4771.99 and sections 4771.05 and    1,093        

4771.06 of the Revised Code are hereby repealed.                   1,094        

      Section 3.  Notwithstanding section 3773.33 of the Revised   1,096        

Code, as amended by this act, the member of the Ohio Athletic      1,097        

Commission who is knowledgeable and experienced in college         1,098        

athletics shall be appointed to serve a three-year term beginning  1,099        

upon the expiration of the term of the member of the Commission    1,100        

whose term expires on the earliest date after the effective date   1,101        

of this act.  The member who is knowledgeable and experienced in   1,102        

high school athletics shall be appointed to serve a three-year     1,103        

term beginning on the expiration of the term of the member of the  1,105        

Commission whose term expires second in time after the effective   1,106        

date of this act.  Thereafter, members shall be appointed to and   1,107        

                                                          25     

                                                                 
serve on the Commission in accordance with section 3773.33 of the  1,108        

Revised Code.                                                                   

      Section 4.  Sections 1, 2, and 3 of this act shall take      1,110        

effect January 1, 2000.