As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                       Am. Sub. H. B. No. 107    5            

      1999-2000                                                    6            


       REPRESENTATIVES TIBERI-GARDNER-CORBIN-WILLAMOWSKI-          8            

     TAYLOR-BEATTY-EVANS-JONES-HARTNETT-CORBIN-PERRY-BARNES-       9            

                     BOYD-YOUNG-OGG-GRENDELL                       10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 3773.33, 3773.34, 3773.56,          13           

                4771.01, 4771.02, 4771.04, and 4771.99, to enact   14           

                new sections 4771.05 and 4771.06 and sections      15           

                4771.07 to 4771.21, and to repeal sections         16           

                4771.05 and 4771.06 of the Revised Code to         17           

                establish a system for the registration and                     

                regulation of athlete agents.                      19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 3773.33, 3773.34, 3773.56,         24           

4771.01, 4771.02, 4771.04, and 4771.99 be amended and new          25           

sections 4771.05 and 4771.06 and sections 4771.07, 4771.08,        26           

4771.09, 4771.10, 4771.11, 4771.12, 4771.13, 4771.14, 4771.15,     27           

4771.16, 4771.17, 4771.18, 4771.19, 4771.20, and 4771.21 of the    28           

Revised Code be enacted to read as follows:                                     

      Sec. 3773.33.  (A)  There is hereby created the Ohio         38           

athletic commission.  The commission shall consist of five voting  39           

members appointed by the governor with the advice and consent of   40           

the senate, not more than three of whom shall be of the same       41           

political party, and two nonvoting members, one of whom shall be   42           

a member of the senate appointed by and to serve at the pleasure   43           

of the president of the senate and one of whom shall be a member   44           

of the house of representatives appointed by and to serve at the   45           

pleasure of the speaker of the house of representatives.  To be    46           

eligible for appointment as a voting member a person shall be a    47           

                                                          2      


                                                                 
qualified elector, AND a resident of the state for not less than   48           

five years immediately preceding the person's appointment, and.    50           

TWO VOTING MEMBERS SHALL BE knowledgeable in boxing, AT LEAST ONE  52           

VOTING MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN HIGH                    

SCHOOL ATHLETICS, ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE AND     53           

EXPERIENCED IN PROFESSIONAL ATHLETICS, AND AT LEAST ONE VOTING     54           

MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN COLLEGIATE        56           

ATHLETICS.  One commission member shall hold the degree of doctor  58           

of medicine or doctor of osteopathy.                                            

      (B)  No person shall be appointed to the commission or be    60           

an employee of the commission who is licensed, REGISTERED, or      61           

regulated by the commission.  No member shall have any legal or    63           

beneficial interest, direct or indirect, pecuniary or otherwise,   64           

in any person who is licensed, REGISTERED, or regulated by the     65           

commission or who participates in prize fights or public boxing    66           

or wrestling matches or exhibitions.  No member shall participate  68           

in any fight, match, or exhibition other than in the member's      69           

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

inspector as authorized in section 3773.52 of the Revised Code.    70           

      (C)  The governor shall appoint the voting members to the    72           

commission.  Of the initial appointments, two shall be for terms   73           

ending one year after the effective date of this section           74           

SEPTEMBER 3, 1996, two shall be for terms ending two years after   75           

the effective date of this section SEPTEMBER 3, 1996, and one      77           

shall be for a term ending three years after the effective date    78           

of this section SEPTEMBER 3, 1996.  Thereafter, terms of office    79           

shall be for three years, each term ending the same day of the     80           

same month of the year as did the term which it succeeds.  Each    81           

member shall hold office from the date of the member's             82           

appointment until the end of the term for which the member was     83           

appointed.  Any member appointed to fill a vacancy occurring                    

prior to the expiration of the term for which the member's         84           

predecessor was appointed shall hold office for the remainder of   85           

the term.  Any member shall continue in office subsequent to the   87           

                                                          3      


                                                                 
expiration date of the member's term until the member's successor  88           

takes office, or until a period of sixty days has elapsed,         89           

whichever occurs first.                                            90           

      The governor shall name one voting member as chairperson of  92           

the commission at the time of making the appointment of any        93           

member for a full term.  Three voting members shall constitute a   94           

quorum, and the affirmative vote of three voting members shall be  95           

necessary for any action taken by the commission.  No vacancy on   96           

the commission impairs the authority of the remaining members to                

exercise all powers of the commission.                             97           

      Voting members, when engaged in commission duties, shall     99           

receive a per diem compensation determined in accordance with      100          

division (J) of section 124.15 of the Revised Code, and all        101          

members shall receive their actual and necessary expenses          102          

incurred in the performance of their official duties.              103          

      Each voting member, before entering upon the discharge of    105          

the member's duties, shall file a surety bond payable to the       106          

treasurer of state in the sum of ten thousand dollars.  Each       107          

surety bond shall be conditioned upon the faithful performance of  108          

the duties of the office, executed by a surety company authorized  109          

to transact business in this state, and filed in the office of     110          

the secretary of state.                                            111          

      The governor may remove any voting member for malfeasance,   113          

misfeasance, or nonfeasance in office after giving the member a    114          

copy of the charges against the member and affording the member    115          

an opportunity for a public hearing, at which the member may be    116          

represented by counsel, upon not less than ten days' notice.  If   117          

the member is removed, the governor shall file a complete          118          

statement of all charges made against the member and the           119          

governor's finding thereon in the office of the secretary of       120          

state, together with a complete report of the proceedings.  The    121          

governor's decision shall be final.                                122          

      (D)  The commission shall maintain an office in Youngstown   124          

and keep all of its permanent records there.                       125          

                                                          4      


                                                                 
      Sec. 3773.34.  (A)  The Ohio athletic commission shall       134          

adopt and may amend or rescind rules in accordance with Chapter    135          

119. of the Revised Code, prescribing the conditions under which   136          

prize fights and public boxing or wrestling matches or             137          

exhibitions may be conducted, classifying professional boxers by   139          

weight, and providing for the administration of sections 3773.31   140          

to 3773.57 of the Revised Code.  The rules may require that an     141          

applicant for a contestant's license to participate in a public    142          

boxing match or exhibition take an HIV test, as defined in         143          

section 3701.24 of the Revised Code, before being issued the       144          

contestant's license and may require that a licensed contestant    145          

take such an HIV test before participating in a public boxing      146          

match or exhibition.  The commission may issue, deny, suspend, or  147          

revoke permits to hold prize fights and public boxing or           148          

wrestling matches or exhibitions, and may issue, deny, suspend,    150          

or revoke licenses to persons engaged in any public boxing match   151          

or exhibition as authorized by sections 3773.31 to 3773.57 of the  152          

Revised Code.                                                                   

      (B)  IN ADDITION TO THE DUTIES SET FORTH IN THIS CHAPTER,    154          

THE OHIO ATHLETIC COMMISSION SHALL TAKE ACTION AS NECESSARY TO     155          

CARRY OUT THE PROVISIONS OF CHAPTER 4771. OF THE REVISED CODE      156          

GOVERNING ATHLETE AGENTS.                                                       

      (C)  On or before the thirty-first day of December of each   158          

year, the commission shall make a report to the governor of its    159          

proceedings for the year ending on the first day of December of    160          

that calendar year, and may include in the report any              161          

recommendations pertaining to its duties.                          162          

      Sec. 3773.56.  The Ohio athletic commission may appoint an   172          

executive director and employ such persons as are necessary to     173          

administer sections 3773.31 to 3773.57 AND CHAPTER 4771. of the    174          

Revised Code and fix their compensation.  Such executive director  175          

and employees shall serve in the unclassified status and at the    177          

pleasure of the commission.                                                     

      All receipts received by the commission under sections       179          

                                                          5      


                                                                 
3773.31 to 3773.57 AND CHAPTER 4771. of the Revised Code shall be  181          

deposited in the occupational licensing and regulatory fund.  All  182          

vouchers of the commission shall be approved by the chairperson    183          

of the commission.                                                 184          

      Sec. 4771.01.  As used in sections 4771.01 to 4771.06 of     193          

the Revised Code THIS CHAPTER:                                     194          

      (A)  "Agent contract" means any contract or agreement        196          

pursuant to which a student AN athlete authorizes or empowers or   197          

agrees to authorize or empower at some later date a person AN      198          

ATHLETE AGENT to negotiate or solicit DO any professional sport    200          

services contract on behalf of the athlete.  If a student athlete  202          

also engages in a nonintercollegiate sporting event, contest,      203          

exhibition, or program, "agent contract" does not include any      204          

contract or agreement described in this division if the athlete    205          

agent negotiates or solicits any professional sport services       206          

contract on behalf of the athlete in the nonintercollegiate sport  207          

that he engages in FOLLOWING:                                      208          

      (1)  NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE      210          

ATHLETE WITH ONE OR MORE PROFESSIONAL SPORTS TEAMS FOR THE         211          

EMPLOYMENT OF THE ATHLETE BY A PROFESSIONAL SPORTS TEAM;           212          

      (2)  NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE      214          

ATHLETE FOR THE EMPLOYMENT OF THE ATHLETE AS A PROFESSIONAL        215          

ATHLETE;                                                                        

      (3)  MARKET, OR ENTER AN AGREEMENT TO MARKET, AN ATHLETE OR  217          

AN ATHLETE'S REPUTATION.                                           218          

      (B)  "Athlete agent" means any person who offers an agent    220          

contract to, or enters DIRECTLY OR INDIRECTLY RECRUITS OR          221          

SOLICITS ANY ATHLETE TO ENTER into an agent contract with, a       222          

student athlete OR PROFESSIONAL SPORTS SERVICES CONTRACT, OR WHO   223          

FOR A FEE PROCURES, OFFERS, PROMISES, OR ATTEMPTS TO OBTAIN        224          

EMPLOYMENT FOR AN ATHLETE WITH A PROFESSIONAL SPORTS TEAM, OR AS   225          

A PROFESSIONAL ATHLETE, OR OTHERWISE ATTEMPTS TO MARKET AN         226          

ATHLETE OR AN ATHLETE'S REPUTATION.  Athlete agent does not        227          

include either of the following:                                                

                                                          6      


                                                                 
      (1)  A member of a student athlete's immediate family;       230          

      (2)  An attorney from whom a student AN athlete seeks legal  232          

advice concerning a proposed professional sport SPORTS services    233          

contract if the attorney does not represent the student athlete    235          

in negotiating or soliciting the contract.                         236          

      (C)  "Immediate family" means an individual's spouse,        238          

child, parent, stepparent, grandparent, grandchild, brother,       239          

sister, parent-in-law, brother-in-law, sister-in-law, nephew,      240          

niece, aunt, uncle, first cousin, or the spouse or guardian of     241          

any of the individuals described in this division.                 242          

      (D)  "ATHLETE" MEANS EITHER OF THE FOLLOWING:                245          

      (1)  A STUDENT ENROLLED IN ANY EDUCATIONAL INSTITUTION OR    247          

INSTITUTION OF HIGHER EDUCATION IN THIS STATE, WHO PARTICIPATES,   248          

OR IS OR MAY BECOME ELIGIBLE TO PARTICIPATE, IN ANY ATHLETIC       249          

SPORTING EVENT, CONTEST, EXHIBITION, OR PROGRAM AT THE             250          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;                     

      (2)  A STUDENT WHO MEETS ONE OF THE FOLLOWING CRITERIA:      252          

      (a)  RESIDES IN THIS STATE, IS ELIGIBLE TO PARTICIPATE IN    254          

AN AMATEUR ATHLETIC PROGRAM, AND HAS INFORMED AN EDUCATIONAL       255          

INSTITUTION OR INSTITUTION OF HIGHER EDUCATION, IN WRITING, OF     256          

THE STUDENT'S INTENT TO PARTICIPATE IN THAT INSTITUTION'S AMATEUR  257          

ATHLETIC PROGRAM;                                                               

      (b)  DOES NOT RESIDE IN THIS STATE BUT IS ELIGIBLE TO        259          

PARTICIPATE IN AN AMATEUR ATHLETIC PROGRAM AND HAS INFORMED, IN    260          

WRITING, AN EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER       261          

EDUCATION IN THIS STATE OF THE STUDENT'S INTENT TO PARTICIPATE IN  262          

THAT INSTITUTION'S AMATEUR ATHLETIC PROGRAM.                                    

      (D)(E)  "Institution of higher education" means a state      264          

university or college or a private nonprofit college or            265          

university located in this state that possesses a certificate of   266          

authorization issued by the Ohio board of regents pursuant to      267          

Chapter 1713. of the Revised Code.                                 268          

      (E)(F)  "Professional sport SPORTS services contract" means  271          

any EITHER OF THE FOLLOWING:                                       272          

                                                          7      


                                                                 
      (1)  ANY contract or agreement pursuant to which an          275          

individual ATHLETE is employed or agrees to render services as a   277          

player on a professional sport SPORTS team or as a professional    279          

athlete;                                                                        

      (2)  ANY CONTRACT OR AGREEMENT THAT PROVIDES FOR THE         281          

PRESENT OR FUTURE MARKETING OF AN ATHLETE OR ATHLETE'S             282          

REPUTATION.                                                                     

      (F)(G)  "State university or college" includes the state     284          

universities listed in section 3345.011 of the Revised Code,       285          

community colleges created pursuant to Chapter 3354. of the        286          

Revised Code, university branches created pursuant to Chapter      287          

3355. of the Revised Code, technical colleges created pursuant to  288          

Chapter 3357. of the Revised Code, and state community colleges    289          

created pursuant to Chapter 3358. of the Revised Code.             290          

      (G)  "Student athlete" means any individual who is enrolled  292          

as a student at an institution of higher education in this state   293          

and engages in any intercollegiate sporting event, contest,        294          

exhibition, or program (H)  "EDUCATIONAL INSTITUTION" MEANS ANY    296          

INSTITUTION LOCATED IN THIS STATE, PUBLIC OR PRIVATE, THAT         298          

PROVIDES ELEMENTARY OR SECONDARY EDUCATION TO STUDENTS AS ITS      299          

PRIMARY FUNCTION.                                                               

      Sec. 4771.02.  (A)  No athlete agent shall enter into an     308          

agent contract with a student AN athlete unless the agent          310          

complies with both ALL of the following AGENT CONTRACT             311          

REQUIREMENTS:                                                                   

      (A)(1)  The agent contract is in writing ON A FORM APPROVED  313          

BY THE OHIO ATHLETIC COMMISSION and includes all agreements        314          

between the parties;                                               316          

      (B)  Not less than fourteen days before entering into an     318          

agent contract with a student athlete, the athlete agent files a   320          

copy of the proposed contract with the official who is             321          

responsible for the supervision of the particular sport program    322          

at the institution of higher education at which the student                     

athlete who is a participant in the program is enrolled.           323          

                                                          8      


                                                                 
      (2)  THE AGENT CONTRACT INCLUDES IN BOLDFACE, TWELVE-POINT   325          

TYPE, ON THE INITIAL PAGE OF THE AGENT CONTRACT, THE FOLLOWING     326          

LANGUAGE:                                                          327          

      "THE ATHLETE AGENT ENTERING THIS AGREEMENT IS REGISTERED TO  330          

SERVE AS AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.                    

REGISTRATION OF AN ATHLETE AGENT UNDER CHAPTER 4771. OF THE        332          

REVISED CODE DOES NOT IMPLY APPROVAL BY THE COMMISSION OF THE      334          

TERMS AND CONDITIONS OF THIS CONTRACT OR THE COMPETENCE OF THE     335          

ATHLETE AGENT."                                                                 

      (3)  THE AGENT CONTRACT INCLUDES THE FOLLOWING LANGUAGE IN   337          

BOLDFACE, TWELVE-POINT TYPE, NEAR THE SPACE PROVIDED FOR AN        338          

ATHLETE TO SIGN OR OTHERWISE ACKNOWLEDGE AGREEMENT TO THE TERMS    339          

OF THE CONTRACT:                                                   340          

      "WARNING TO THE STUDENT ATHLETE:  WHEN YOU SIGN THIS         342          

CONTRACT, YOU MAY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN  343          

ANY AMATEUR OR INTERCOLLEGIATE ATHLETICS.  ACCORDINGLY, YOU MUST   344          

GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT TO    345          

THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE         346          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN      347          

WHICH YOU ARE ENROLLED, OR TO WHICH YOU HAVE FORMALLY              348          

ACKNOWLEDGED YOUR PLANS TO ATTEND, PRIOR TO THE EARLIER OF         349          

PARTICIPATING IN OR PRACTICING FOR AN OFFICIALLY SANCTIONED        351          

ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT, OR         352          

SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT.                            

      DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED  355          

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

SIGNING THIS CONTRACT, YOU HAVE THE RIGHT TO  RESCIND THIS         356          

CONTRACT FOR A PERIOD OF UP TO TEN DAYS AFTER THE LATEST OF THE    357          

FOLLOWING OCCURRENCES:                                             358          

      (a)  THE DATE THE CONTRACT IS SIGNED;                        360          

      (b)  THE DATE THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR     362          

POSITION AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER   364          

EDUCATION IN WHICH YOU ARE ENROLLED, OR HAVE ACKNOWLEDGED PLANS    365          

TO ATTEND, RECEIVES NOTICE OF THIS CONTRACT; OR                                 

                                                          9      


                                                                 
      (c)  THE LAST DATE YOU PARTICIPATE IN AN OFFICIALLY          367          

SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT  369          

IF NO NOTICE OF THIS CONTRACT IS PROVIDED TO THE ATHLETIC                       

DIRECTOR OR PERSON OF SIMILAR POSITION.                            370          

      DESPITE CANCELLATION OF THIS CONTRACT, THE EDUCATIONAL       372          

INSTITUTION, INSTITUTION OF HIGHER EDUCATION, OR INTERCOLLEGIATE   374          

ATHLETIC ASSOCIATION OR CONFERENCE TO WHICH YOUR INSTITUTION OF    375          

HIGHER EDUCATION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO                    

PARTICIPATE IN AMATEUR OR INTERCOLLEGIATE ATHLETICS.  IF YOU SIGN  376          

THIS CONTRACT PRIOR TO THE LAST OFFICIALLY SANCTIONED ATHLETIC     377          

COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT YOU PARTICIPATE IN   379          

AND FAIL TO NOTIFY YOUR INSTITUTION OF THIS CONTRACT, YOUR                      

ATHLETIC TEAM MAY BE REQUIRED TO FORFEIT ALL GAMES IN WHICH YOU    380          

PARTICIPATED AFTER SIGNING.  SUCH ACTION ALSO MAY CAUSE YOUR       381          

ATHLETIC TEAM TO BE DECLARED INELIGIBLE FOR POST-SEASON PLAY."     383          

      (4)  THE ATHLETE AGENT AGREES IN THE AGENT CONTRACT TO       386          

PROVIDE WRITTEN NOTICE OF THE AGENT CONTRACT TO THE ATHLETIC       388          

DIRECTOR OR PERSON OF SIMILAR POSITION AT THE EDUCATIONAL                       

INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN WHICH THE        389          

ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME THE ATHLETE   390          

NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY SANCTIONED     392          

ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT AFTER       393          

ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER ENTERING  395          

THAT AGENT CONTRACT.                                                            

      (5)  ALL TERMS AND CONDITIONS CONTAINED IN THE AGENT         397          

CONTRACT COMPLY WITH STATE AND FEDERAL LAW.                        398          

      (B)  A PROVISION IN AN AGENT CONTRACT THAT PROVIDES FOR THE  401          

RESOLUTION OF ANY CONTROVERSY IN CONNECTION WITH THE CONTRACT BY   402          

ARBITRATION IS VOID AND UNENFORCEABLE UNLESS BOTH OF THE           403          

FOLLOWING APPLY:                                                                

      (1)  THE PROVISION IS CONTAINED IN AN AGENT CONTRACT         405          

BETWEEN AN ATHLETE AGENT AND AN ATHLETE FOR WHOM THE ATHLETE       406          

AGENT UNDERTAKES TO SECURE EMPLOYMENT.                             407          

      (2)  THE PROVISION IS INCLUDED IN THE AGENT CONTRACT         409          

                                                          10     


                                                                 
PURSUANT TO A RULE, REGULATION, OR CONTRACT OF A BONA FIDE LABOR   410          

UNION OR ORGANIZATION THAT REGULATES THE RELATIONS OF ITS MEMBERS  412          

WITH ATHLETE AGENTS.                                                            

      (C)  AN ATHLETE AND ATHLETE AGENT WHO ENTER AN AGENT         414          

CONTRACT EACH SHALL PROVIDE WRITTEN NOTICE OF THAT AGENT CONTRACT  415          

TO THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE      417          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN      418          

WHICH THE ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME     419          

THE ATHLETE NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY                 

SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT  421          

AFTER ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER     423          

ENTERING THAT AGENT CONTRACT.                                                   

      Sec. 4771.04.  Any agent contract entered into in violation  432          

of sections 4771.01 to 4771.06 of the Revised Code THIS CHAPTER    434          

shall be void and unenforceable.                                   435          

      AN AGENT CONTRACT ENTERED INTO IN THIS STATE OR AN AGENT     437          

CONTRACT ENTERED INTO WITH AN ATHLETE WHO IS ENROLLED IN AN        438          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION         440          

LOCATED IN THIS STATE SHALL BE GOVERNED BY OHIO LAW.               441          

      Sec. 4771.05.  THE OHIO ATHLETIC COMMISSION, ESTABLISHED     444          

UNDER SECTION 3773.33 OF THE REVISED CODE, SHALL DO ALL OF THE     445          

FOLLOWING:                                                                      

      (A)  REVIEW THE APPLICATION FORM OF AN APPLICANT FOR         447          

REGISTRATION AS AN ATHLETE AGENT;                                  448          

      (B)  ISSUE AND RENEW BIENNIAL CERTIFICATES OF REGISTRATION   450          

FOR AN ATHLETE AGENT PURSUANT TO THIS CHAPTER;                     452          

      (C)  MAINTAIN RECORDS OF EVERY ATHLETE AGENT REGISTERED IN   455          

THIS STATE, INCLUDING THE AGENT'S BUSINESS AND RESIDENTIAL         456          

ADDRESS, AND THE DATE AND NUMBER OF THE AGENT'S REGISTRATION;      457          

      (D)  ESTABLISH AN APPLICATION FORM TO BE COMPLETED BY AN     459          

INDIVIDUAL SEEKING REGISTRATION AS AN ATHLETE AGENT;               460          

      (E)  ESTABLISH A FEE FOR THE REGISTRATION, AND RENEWAL OF    463          

THE REGISTRATION, OF AN INDIVIDUAL AS AN ATHLETE AGENT IN AN       464          

AMOUNT NECESSARY TO GENERATE SUFFICIENT FUNDS TO COVER THE COST    465          

                                                          11     


                                                                 
OF ADMINISTERING AND ENFORCING THIS CHAPTER;                                    

      (F)  ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE      468          

REVISED CODE TO CARRY OUT THE PURPOSES OF THIS CHAPTER.            469          

      Sec. 4771.06.  NO PERSON SHALL SERVE AS AN ATHLETE AGENT IN  471          

THIS STATE UNLESS THE PERSON HOLDS A CURRENT AND VALID             472          

CERTIFICATE OF REGISTRATION AS AN ATHLETE AGENT ISSUED UNDER       474          

SECTION 4771.08 OF THE REVISED CODE, A TEMPORARY CERTIFICATE       476          

ISSUED UNDER SECTION 4771.08 OF THE REVISED CODE, OR A TEMPORARY   479          

CERTIFICATE OF CONVENIENCE ISSUED UNDER SECTION 4771.09 OF THE     481          

REVISED CODE.                                                      482          

      Sec. 4771.07.  (A)  EACH INDIVIDUAL WHO DESIRES TO SERVE AS  485          

AN ATHLETE AGENT WITHIN THIS STATE SHALL FIRST FILE AN             486          

APPLICATION FOR REGISTRATION WITH THE OHIO ATHLETIC COMMISSION.    487          

THE APPLICANT SHALL APPLY USING A FORM PRESCRIBED BY THE           488          

COMMISSION AND SHALL PROVIDE ALL THE FOLLOWING INFORMATION:        489          

      (1)  THE NAME AND RESIDENTIAL ADDRESS OF THE APPLICANT;      492          

      (2)  THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE        494          

APPLICANT WISHES TO CONDUCT BUSINESS AS AN ATHLETE AGENT;          495          

      (3)  THE TYPE OF BUSINESS CONDUCTED OR THE OCCUPATION HELD   497          

BY THE APPLICANT DURING THE FIVE YEARS IMMEDIATELY PRECEDING       498          

APPLICATION;                                                                    

      (4)  THE LOCATION AND EVIDENCE OF A TRUST FUND ESTABLISHED   500          

IN ACCORDANCE WITH DIVISION (B) OF SECTION 4771.12 OF THE REVISED  501          

CODE AND RULES ADOPTED BY THE COMMISSION;                          503          

      (5)  THE NAME AND ADDRESS OF ALL PERSONS WHO HAVE A          506          

FINANCIAL INTEREST IN THE BUSINESS OPERATION OF THE APPLICANT, OR  507          

WHO ARE COMPENSATED FOR THE SOLICITATION OR RECRUITMENT OF         508          

ATHLETES ON BEHALF OF THE APPLICANT, EXCEPT FOR SALARIED           509          

EMPLOYEES WHO RECEIVE NO COMMISSION OR BONUS PURSUANT TO ANY       510          

AGENT OR PROFESSIONAL SPORTS SERVICES CONTRACT;                    511          

      (6)  ANY OTHER INFORMATION DEEMED NECESSARY BY THE           514          

COMMISSION.                                                                     

      (B)  THE APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR     516          

REGISTRATION AN AFFIDAVIT OR CERTIFICATE OF COMPLETION DESCRIBING  518          

                                                          12     


                                                                 
ALL FORMAL TRAINING OR PRACTICAL EXPERIENCE COMPLETED BY THE       519          

APPLICANT IN ANY OF THE FOLLOWING AREAS:                                        

      (1)  CONTRACTS;                                              521          

      (2)  CONTRACT NEGOTIATIONS;                                  523          

      (3)  COMPLAINT RESOLUTION;                                   525          

      (4)  ARBITRATION;                                            527          

      (5)  DISPUTE RESOLUTION.                                     529          

      AN ATTORNEY ADMITTED TO PRACTICE LAW IN THIS STATE SHALL     532          

SUBMIT WITH THE APPLICATION A CERTIFICATE OF GOOD STANDING ISSUED  533          

BY THE SUPREME COURT OF OHIO IN LIEU OF AN AFFIDAVIT OR            534          

CERTIFICATE OTHERWISE REQUIRED UNDER THIS DIVISION.                             

      (C)  AN APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR      537          

REGISTRATION AN APPLICATION FEE IN AN AMOUNT DETERMINED BY THE     538          

COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE      540          

REVISED CODE AND PROOF OF ONE OF THE SECURITIES REQUIRED UNDER     541          

SECTION 4771.11 OF THE REVISED CODE.                                            

      (D)  AN ATHLETE AGENT SHALL NOTIFY THE COMMISSION OF ANY     544          

CHANGE IN BUSINESS LOCATION OR ADDRESS DURING THE PERIOD OF        545          

APPLICATION FOR REGISTRATION OR DURING THE PERIOD OF TIME THE      546          

REGISTRATION OF THE ATHLETE AGENT IS VALID.                        547          

      Sec. 4771.08.  (A)  UPON RECEIPT OF ALL THE MATERIALS        549          

REQUIRED FOR APPLICATION FOR REGISTRATION UNDER SECTION 4771.07    551          

OF THE REVISED CODE, THE OHIO ATHLETIC COMMISSION SHALL EVALUATE   553          

THE INFORMATION PROVIDED AND ISSUE A CERTIFICATE OF REGISTRATION   554          

TO THE APPLICANT, UNLESS THE COMMISSION FINDS THAT THE APPLICANT   555          

OR AN EMPLOYEE OR REPRESENTATIVE OF THE APPLICANT HAS COMMITTED    556          

ANY OF THE ACTS DESCRIBED IN DIVISION (A) OF SECTION 4771.18 OF    557          

THE REVISED CODE.                                                  558          

      (B)  THE COMMISSION MAY ISSUE A TEMPORARY CERTIFICATE OF     561          

REGISTRATION, EFFECTIVE FOR A PERIOD OF UP TO NINETY DAYS AFTER    562          

THE ISSUANCE OF THE TEMPORARY REGISTRATION, TO AN ATHLETE AGENT    563          

WHO IS REGISTERED AS AN ATHLETE AGENT IN ANOTHER STATE, OR TO A    564          

PERSON WHO HAS NOT SUBMITTED ALL THE MATERIAL REQUIRED UNDER       566          

SECTION 4771.07 OF THE REVISED CODE, BUT WHO THE COMMISSION        567          

                                                          13     


                                                                 
DETERMINES TO HAVE SUBMITTED SUFFICIENT MATERIAL TO WARRANT THE    569          

ISSUANCE OF A TEMPORARY CERTIFICATE.                               570          

      (C)  THE REGISTRATION OF AN ATHLETE AGENT WITH THE           573          

COMMISSION IS VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE THE   574          

CERTIFICATE OF REGISTRATION IS ISSUED.  AN ATHLETE AGENT SHALL     575          

FILE AN APPLICATION FOR THE RENEWAL OF A REGISTRATION WITH THE     576          

COMMISSION AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION OF THE     578          

REGISTRATION OF THE ATHLETE AGENT.  AN APPLICATION FOR RENEWAL     579          

SHALL BE ACCOMPANIED BY A RENEWAL FEE IN AN AMOUNT DETERMINED BY   580          

THE COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE  581          

REVISED CODE.                                                                   

      (D)  EACH CERTIFICATE OF REGISTRATION ISSUED BY THE          584          

COMMISSION TO AN ATHLETE AGENT SHALL CONTAIN ALL THE FOLLOWING     585          

INFORMATION:                                                       586          

      (1)  THE NAME OF THE ATHLETE AGENT;                          588          

      (2)  THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE        590          

ATHLETE AGENT IS AUTHORIZED TO CONDUCT BUSINESS AS AN ATHLETE      591          

AGENT;                                                                          

      (3)  A REGISTRATION NUMBER FOR THE ATHLETE AGENT AND THE     593          

DATE OF ISSUANCE OF THE REGISTRATION.                              594          

      (E)  NO REGISTRATION OR CERTIFICATE OF REGISTRATION IS       597          

VALID FOR ANY INDIVIDUAL OTHER THAN THE ATHLETE AGENT TO WHOM IT   598          

IS ISSUED.                                                                      

      (F)  THE COMMISSION IS NOT LIABLE FOR THE ACTS OF AN         601          

ATHLETE AGENT WHO IS REGISTERED WITH THE COMMISSION.               602          

      Sec. 4771.09.  (A)  THE OHIO ATHLETIC COMMISSION MAY ISSUE   605          

AN ELIGIBLE PERSON A CERTIFICATE OF CONVENIENCE TO CONDUCT         606          

BUSINESS AS AN ATHLETE AGENT WHEN A REGISTERED ATHLETE AGENT IS    607          

DECEASED, OR DECLARED INCOMPETENT OR PHYSICALLY INFIRM BY THE      608          

JUDGMENT OF A COURT OF COMPETENT JURISDICTION.  THE COMMISSION     609          

MAY ISSUE A CERTIFICATE OF CONVENIENCE UPON EITHER RECEIVING       610          

APPROVAL TO DO SO FROM A PROBATE COURT OR FINDING THAT THE LAST    611          

WILL AND TESTAMENT OF THE ATHLETE AGENT SPECIFICALLY AUTHORIZES    612          

THE EXECUTOR OR ADMINISTRATOR OF ESTATE TO CONDUCT THE BUSINESS    613          

                                                          14     


                                                                 
OF THE ATHLETE AGENT.                                              614          

      (B)  THE FOLLOWING PERSONS ARE ELIGIBLE TO OBTAIN A          617          

CERTIFICATE OF CONVENIENCE TO CONDUCT BUSINESS ON BEHALF OF AN     618          

ATHLETE AGENT:                                                                  

      (1)  THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE      620          

DECEASED ATHLETE AGENT;                                            621          

      (2)  THE GUARDIAN OF THE ESTATE OF AN ATHLETE AGENT WHO HAS  623          

BEEN DECLARED INCOMPETENT OR THE CONSERVATOR APPOINTED TO MANAGE   624          

THE ESTATE OF AN ATHLETE AGENT WHO HAS BEEN DECLARED PHYSICALLY    625          

INFIRM.                                                            626          

      (C)  A CERTIFICATE OF CONVENIENCE IS VALID FOR NINETY DAYS   628          

AFTER THE DATE IT IS ISSUED.  IF THE HOLDER OF A CERTIFICATE OF    629          

CONVENIENCE APPLIES FOR REGISTRATION AS AN ATHLETE AGENT, THE      630          

COMMISSION MAY RENEW THE CERTIFICATE OF CONVENIENCE FOR A PERIOD   631          

OF TIME THE COMMISSION FINDS APPROPRIATE PENDING THE COMMISSION'S  633          

DETERMINATION WHETHER TO ISSUE A CERTIFICATE OF REGISTRATION AS    634          

AN ATHLETE AGENT TO THE HOLDER OF THE CERTIFICATE OF CONVENIENCE.  635          

      Sec. 4771.10.  THE COMMISSION MAY REQUIRE EACH REGISTERED    638          

ATHLETE AGENT TO COMPLETE NOT MORE THAN SIX HOURS OF CONTINUING    639          

EDUCATION DURING A BIENNIAL REGISTRATION IN PROGRAMS TO BE         640          

DETERMINED OR APPROVED BY THE COMMISSION.  IF THE COMMISSION                    

IMPOSES CONTINUING EDUCATION REQUIREMENTS ON ATHLETE AGENTS, NOT   641          

LESS THAN TWO OF THE SIX HOURS OF CONTINUING EDUCATION SHALL BE    642          

DEVOTED TO ETHICS.                                                 643          

      A CONTINUING EDUCATION PROGRAM SHALL PROMOTE THE ABILITY OF  646          

AN ATHLETE AGENT TO SERVE AS AN ATHLETE AGENT IN AN ETHICAL AND    647          

LEGAL MANNER.  A CONTINUING EDUCATION PROGRAM MAY ADDRESS LAWS     648          

AND RULES GOVERNING ATHLETE AGENTS AND RULES AND POLICIES          649          

ESTABLISHED BY AN ATHLETIC CONFERENCE OR A COLLEGIATE ATHLETIC     650          

ORGANIZATION.  AN ATHLETE AGENT ALSO MAY OBTAIN CREDIT FOR         651          

CONTINUING EDUCATION BY PARTICIPATING IN OR ATTENDING LECTURES,    652          

COURSES AT INSTITUTIONS OF HIGHER EDUCATION, SEMINARS, OR          653          

RULE-MAKING OR DISCIPLINARY PROCEEDINGS APPROVED BY THE            654          

COMMISSION, OR BY TEACHING A SUBJECT THAT PERTAINS TO THE                       

                                                          15     


                                                                 
PROFESSION OF AN ATHLETE AGENT.                                    655          

      IF THE COMMISSION REQUIRES ATHLETE AGENTS TO FULFILL         657          

CONTINUING EDUCATION REQUIREMENTS UNDER THIS SECTION, THE          658          

COMMISSION SHALL ADOPT RULES TO CARRY OUT THE PURPOSES OF THIS     659          

SECTION.  THE RULES SHALL CONTAIN PROCEDURES BY WHICH THE          660          

COMMISSION SHALL MONITOR AN ATHLETE AGENT'S COMPLIANCE WITH THE    661          

CONTINUING EDUCATION REQUIREMENTS PRIOR TO RENEWAL OF AN ATHLETE   662          

AGENT'S CERTIFICATE OF REGISTRATION.                               663          

      Sec. 4771.11.  (A)  PRIOR TO ISSUING A CERTIFICATE OF        665          

REGISTRATION, THE OHIO ATHLETIC COMMISSION SHALL REQUIRE AN        666          

ATHLETE AGENT TO SUBMIT PROOF OF ONE OF THE FOLLOWING SECURITIES:  668          

      (1)  A SURETY BOND IN THE AMOUNT OF FIFTEEN THOUSAND         672          

DOLLARS IN FAVOR OF THE STATE OF OHIO FOR THE BENEFIT OF ANY       673          

PERSON WHO IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES      674          

ADOPTED UNDER THIS CHAPTER;                                                     

      (2)  A CERTIFICATE OF DEPOSIT IN FAVOR OF, OR A SAVINGS      676          

ACCOUNT ASSIGNED TO, THE STATE OF OHIO FOR THE BENEFIT OF ANY      677          

PERSON THAT IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES     678          

ADOPTED UNDER THIS CHAPTER, IN THE AMOUNT OF FIFTEEN THOUSAND      680          

DOLLARS;                                                                        

      (3)  CERTIFICATION FROM AN INSURANCE CARRIER INDICATING      682          

THAT THE ATHLETE AGENT HAS OBTAINED PROFESSIONAL MALPRACTICE       683          

INSURANCE IN AN AMOUNT EQUAL TO, OR GREATER THAN, FIFTY THOUSAND   684          

DOLLARS, OR A LESSER AMOUNT, AS PERMITTED BY THE COMMISSION.       685          

      AN ATHLETE AGENT SHALL PRESENT EVIDENCE OF A BOND, A         688          

CERTIFICATE OF DEPOSIT, AN ASSIGNED SAVINGS ACCOUNT, OR                         

PROFESSIONAL MALPRACTICE INSURANCE IN THE MANNER PRESCRIBED BY     689          

THE COMMISSION.                                                    690          

      (B)  THE COMMISSION SHALL HOLD ON DEPOSIT, AS AN AGENT OF    693          

THE STATE, ANY SURETY BOND OR OTHER FORM OF SECURITY DEPOSITED     695          

WITH THE COMMISSION BY AN ATHLETE AGENT.  THE COMMISSION SHALL     696          

HOLD THE SECURITY IN TRUST CONTINGENT ON AN ATHLETE AGENT'S        697          

COMPLIANCE WITH ALL PROVISIONS OF THIS CHAPTER INCLUDING THE       698          

PAYMENT OF ALL MONEYS OWED TO AN ATHLETE, GROUP OF ATHLETES,       699          

                                                          16     


                                                                 
EDUCATIONAL INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION, AND   700          

THE PAYMENT OF ALL DAMAGES OTHER THAN PUNITIVE DAMAGES DUE AS THE  701          

RESULT OF A MISSTATEMENT, MISREPRESENTATION, FRAUDULENT ACT,       703          

DECEIT, OR UNLAWFUL OR NEGLIGENT ACT OR OMISSION BY AN ATHLETE     704          

AGENT IN THE COURSE OF SERVING AS AN ATHLETE AGENT, OR BY A        705          

REPRESENTATIVE OR EMPLOYEE OF AN ATHLETE AGENT WHEN THE            706          

REPRESENTATIVE OR EMPLOYEE ACTED WITHIN THE SCOPE OF THE           708          

REPRESENTATIVE'S OR EMPLOYEE'S AUTHORITY.  THE COMMISSION MAY USE               

FUNDS HELD ON DEPOSIT FOR AN ATHLETE AGENT TO PAY DEBTS OWED BY    710          

AN ATHLETE AGENT AS DESCRIBED IN THIS DIVISION PURSUANT TO A       711          

COURT OR ADMINISTRATIVE ORDER SPECIFYING THE OBLIGATION OF THE     712          

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          

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

ASSIGNED SAVINGS ACCOUNT, OR PROFESSIONAL MALPRACTICE INSURANCE,   728          

AS REQUIRED UNDER THIS SECTION.                                                 

      (E)  THE LIABILITY OF THE SURETY ON A BOND DESCRIBED IN      732          

DIVISION (A) OF THIS SECTION SHALL NOT EXCEED THE SUM OF FIFTEEN   733          

THOUSAND DOLLARS IN THE AGGREGATE FOR ALL PERSONS WHO ARE INJURED  734          

BY ANY AND ALL VIOLATIONS OF THIS CHAPTER OR RULES ADOPTED UNDER   735          

THIS CHAPTER.                                                                   

      (F)  A SURETY MAY CANCEL A BOND DESCRIBED IN DIVISION (A)    737          

OF THIS SECTION AFTER MAILING A WRITTEN NOTICE TO THE ATHLETE      739          

AGENT AND THE COMMISSION STATING THAT THE BOND CANCELS SIXTY DAYS  740          

AFTER THAT NOTICE IS MAILED.  THE LIABILITY OF THE SURETY FOR      741          

ACTS OF THE ATHLETE AGENT CONTINUES DURING THAT SIXTY-DAY PERIOD.  742          

THE CANCELLATION NOTICE DOES NOT ABSOLVE THE SURETY FROM           743          

                                                          17     


                                                                 
LIABILITY THAT ACCRUES BEFORE THE CANCELLATION DATE BUT THAT IS    744          

DISCOVERED AFTER THAT DATE.                                                     

      (G)  THE COMMISSION SHALL RETURN THE SURETY BOND OR OTHER    746          

FORM OF SECURITY HELD BY THE COMMISSION UNDER THIS SECTION TO THE  747          

ATHLETE AGENT SUBMITTING THE BOND OR SECURITY, TWO YEARS AFTER     748          

THE PERSON CEASES TO SERVE AS AN ATHLETE AGENT IN THIS STATE.      749          

      Sec. 4771.12.  (A)  FEES CHARGED BY AN ATHLETE AGENT FOR     752          

SERVICES PROVIDED TO AN ATHLETE MAY BE NEGOTIATED BETWEEN THE      753          

PARTIES.                                                                        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS        755          

SECTION, AN ATHLETE AGENT SHALL ESTABLISH AN INTEREST-BEARING      757          

TRUST FUND OR SIMILAR ACCOUNT IN A DEPOSITORY APPROVED BY THE      758          

OHIO ATHLETIC COMMISSION TO BE USED FOR THE DEPOSIT OF ALL         759          

REVENUES RECEIVED ON BEHALF OF AN ATHLETE.  AN ATHLETE AGENT       760          

SHALL DEPOSIT ANY REVENUE RECEIVED ON BEHALF OF AN ATHLETE IN THE  761          

INTEREST-BEARING TRUST FUND OR ACCOUNT.  THE ATHLETE AGENT SHALL   762          

NOTIFY THE COMMISSION OF THE ADDRESS AND LOCATION OF THE TRUST     763          

FUND OR ACCOUNT AND THE DEPOSITORY IN WHICH IT IS LOCATED.         764          

      (2)  AN ATHLETE AGENT WHO IS AN ATTORNEY LICENSED TO         766          

PRACTICE LAW IN THIS STATE MAY DEPOSIT ANY REVENUE RECEIVED ON     767          

BEHALF OF AN ATHLETE IN A TRUST ACCOUNT ALREADY MAINTAINED BY THE  768          

AGENT ATTORNEY IN A FINANCIAL INSTITUTION IN THIS STATE FOR THE    769          

DEPOSIT OF REVENUE RECEIVED ON BEHALF OF CLIENTS.                  770          

      (C)  NO ATHLETE AGENT SHALL SHARE FEES WITH ANY PERSON       773          

OTHER THAN AN EMPLOYEE OF THE ATHLETE AGENT.  IF AN ATHLETE AGENT  774          

SHARES A FEE WITH AN EMPLOYEE, THE ATHLETE AGENT SHALL OBTAIN      775          

WRITTEN CONSENT FROM THE ATHLETE PRIOR TO ENTERING A FEE           776          

AGREEMENT WITH THE ATHLETE.  NO ATHLETE AGENT SHALL ENTER FEE      777          

AGREEMENTS THAT ARE PROHIBITED UNDER THIS CHAPTER.                 778          

      (D)  IF AN ATHLETE AGENT COLLECTS A FEE OR EXPENSE FROM AN   781          

ATHLETE AS CONSIDERATION FOR OBTAINING EMPLOYMENT FOR THE          782          

ATHLETE, AND THE ATHLETE AGENT FAILS TO PROCURE SUCH EMPLOYMENT,   783          

THE AGENT SHALL RETAIN ONLY THE FOLLOWING PORTION OF THE FEE OR    784          

EXPENSE:                                                                        

                                                          18     


                                                                 
      (1)  THE COST OF REASONABLE EXPENSES INCURRED BY THE         786          

ATHLETE AGENT DURING THE COURSE OF REPRESENTING THE ATHLETE IN     787          

EFFORTS TO OBTAIN EMPLOYMENT FOR THE ATHLETE;                      788          

      (2)  A NEGOTIATED FEE IN CONNECTION WITH INSTANCES WHERE     790          

THE ATHLETE RECEIVES A BONUS OR SOME COMPENSATION FOR SIGNING A    792          

PROFESSIONAL SPORTS SERVICES CONTRACT.                                          

      (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT     795          

THE AUTHORITY OF THE OHIO SUPREME COURT TO ESTABLISH OR REGULATE   796          

FEES FOR ACTIVITIES CONSIDERED TO BE THE PRACTICE OF LAW.          797          

      Sec. 4771.13.  NO ATHLETE AGENT SHALL ACT ON BEHALF OF AN    800          

ATHLETE AS A "DEALER" OR "INVESTMENT ADVISOR," AS DEFINED IN       801          

SECTION 1707.01 OF THE REVISED CODE, UNLESS THE ATHLETE AGENT      803          

COMPLIES WITH CHAPTER 1707. OF THE REVISED CODE.                   807          

      AN ATHLETE AGENT SHALL DISCLOSE TO AN ATHLETE AND THE OHIO   810          

ATHLETIC COMMISSION ANY OWNERSHIP INTEREST THE ATHLETE AGENT HAS   811          

IN AN ENTITY REFERRED TO BY THE ATHLETE AGENT IN ADVISING THE      812          

ATHLETE CONCERNING INVESTMENTS.  AN ATHLETE AGENT SHALL DISCLOSE   813          

ANY COMMISSIONS OR FEES THE ATHLETE AGENT MAY RECEIVE AS A RESULT  814          

OF AN INVESTMENT DECISION MADE BY AN ATHLETE IN RESPONSE TO        815          

INVESTMENT ADVICE FROM THE ATHLETE AGENT.                          816          

      Sec. 4771.14.  (A)  AN ATHLETE AGENT SHALL MAINTAIN ALL OF   819          

THE FOLLOWING RECORDS:                                                          

      (1)  THE NAME AND ADDRESS OF EACH ATHLETE FOR WHOM THE       821          

ATHLETE AGENT PERFORMS SERVICES AS AN ATHLETE AGENT IN EXCHANGE    822          

FOR COMPENSATION;                                                  823          

      (2)  THE AMOUNT OF FEES OR COMPENSATION RECEIVED FOR THE     825          

PERFORMANCE OF SERVICES FOR EACH ATHLETE;                          826          

      (3)  A COPY OF THE CONTRACT ENTERED INTO BETWEEN THE         828          

ATHLETE AGENT AND EACH ATHLETE;                                    829          

      (4)  ANY OTHER INFORMATION THE OHIO ATHLETIC COMMISSION      831          

FINDS APPROPRIATE IN CONNECTION WITH THE PROVISION OF SERVICES BY  833          

AN ATHLETE AGENT.                                                  834          

      (B)  AN ATHLETE AGENT SHALL MAINTAIN ALL RECORDS REQUIRED    837          

TO BE MAINTAINED PURSUANT TO THIS SECTION, IN A MANNER THAT THE    838          

                                                          19     


                                                                 
COMMISSION SHALL PRESCRIBE, FOR A PERIOD OF FIVE YEARS.            839          

      (C)  NO ATHLETE AGENT OR EMPLOYEE OR REPRESENTATIVE OF AN    842          

ATHLETE AGENT SHALL MAKE, OR CAUSE TO BE MADE, ANY FALSE RECORDS   843          

OR RECORDS CONTAINING FALSE INFORMATION.                           844          

      (D)  ALL FINANCIAL RECORDS, FINANCIAL BOOKS, AND OTHER       847          

RECORDS NOT SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE THAT ARE      848          

REQUIRED TO BE MAINTAINED PURSUANT TO THIS CHAPTER SHALL BE OPEN   849          

TO INSPECTION BY THE COMMISSION AND ITS REPRESENTATIVES, UPON      850          

REASONABLE NOTICE, AT THE PLEASURE OF THE COMMISSION.              851          

      Sec. 4771.15.  AN ATHLETE AGENT MAY ENGAGE IN THE FOLLOWING  854          

CONDUCT:                                                                        

      (A)  PROVIDE OR SEND WRITTEN MATERIALS TO AN ATHLETE IF THE  857          

ATHLETE AGENT SIMULTANEOUSLY SUBMITS AN IDENTICAL COPY OF THE      858          

MATERIALS TO THE ATHLETIC DIRECTOR OR THE DIRECTOR'S DESIGNEE, OR  859          

PERSON OF SIMILAR POSITION, AT THE EDUCATIONAL INSTITUTION OR      861          

INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED,  862          

OR TO THE INSTITUTION OF HIGHER EDUCATION TO WHICH THE ATHLETE     864          

PROVIDED A WRITTEN NOTICE OF INTENT TO PARTICIPATE IN                           

INTERCOLLEGIATE ATHLETICS;                                         865          

      (B)  CONTACT AN ATHLETE AFTER AN ATHLETE INITIATES CONTACT   868          

WITH AN ATHLETE AGENT, PROVIDED THAT THE ATHLETE AGENT PROVIDES    869          

NOTICE, IN ACCORDANCE WITH THIS CHAPTER, TO THE EDUCATIONAL        870          

INSTITUTION OR THE INSTITUTION OF HIGHER EDUCATION IN WHICH THE    872          

ATHLETE IS ENROLLED, OR THE INSTITUTION OF HIGHER EDUCATION TO                  

WHICH THE ATHLETE HAS PROVIDED A WRITTEN NOTICE OF INTENT TO       874          

PARTICIPATE IN INTERCOLLEGIATE ATHLETICS;                          875          

      (C)  PARTICIPATE IN EDUCATIONAL PROGRAMS SPONSORED BY AN     878          

INSTITUTION OF HIGHER EDUCATION OR A PROFESSIONAL SPORTS           879          

COUNSELING PANEL AT AN INSTITUTION OF HIGHER EDUCATION.            880          

      Sec. 4771.16.  NO ATHLETE AGENT SHALL PUBLISH OR CAUSE TO    883          

BE PUBLISHED ANY FALSE, FRAUDULENT, OR MISLEADING NOTICE,                       

ADVERTISEMENT, OR INFORMATION WITH KNOWLEDGE THAT IT IS FALSE,     884          

FRAUDULENT, OR MISLEADING.  ALL ADVERTISEMENTS OF AN ATHLETE       885          

AGENT SHALL CONTAIN THE NAME AND REGISTERED BUSINESS ADDRESS OF    886          

                                                          20     


                                                                 
THE ATHLETE AGENT AND SOME INDICATION THAT THE ATHLETE AGENT IS    887          

REGISTERED WITH THE OHIO ATHLETIC COMMISSION.                      888          

      AS USED IN THIS SECTION, "ADVERTISEMENT" INCLUDES            891          

CIRCULARS, SIGNS, NEWSPAPER OR MAGAZINE PUBLICATIONS, OR OTHER     892          

ORAL OR WRITTEN COMMUNICATION THAT NAMES THE ATHLETE AGENT IN      893          

CONNECTION WITH THE PROVISION OF SERVICES AS AN ATHLETE AGENT.     894          

      Sec. 4771.17.  NO ATHLETE AGENT SHALL DO ANY OF THE          896          

FOLLOWING:                                                         897          

      (A)  PROVIDE FALSE INFORMATION OR MAKE FALSE PROMISES OR     900          

REPRESENTATIONS CONCERNING THE EMPLOYMENT OF AN ATHLETE;           901          

      (B)  ENGAGE IN ANY CONDUCT THAT DEMONSTRATES BAD FAITH OR    904          

DISHONESTY IN CONNECTION WITH THE PERFORMANCE OF SERVICES AS AN    905          

ATHLETE AGENT;                                                                  

      (C)  COMMINGLE MONEY OR PROPERTY OF AN ATHLETE WITH THE      908          

AGENT'S OWN MONEY OR PROPERTY;                                                  

      (D)  OFFER ANYTHING OF VALUE TO A PERSON IN ORDER TO INDUCE  911          

AN ATHLETE TO ENTER INTO AN AGREEMENT PURSUANT TO WHICH THE        912          

ATHLETE AGENT REPRESENTS THE INTERESTS OF THE ATHLETE;             913          

      (E)  ENGAGE IN RECKLESS OR INTENTIONAL MISMANAGEMENT OR      916          

MISCONDUCT AS AN ATHLETE AGENT WHERE SUCH CONDUCT RESULTS IN       917          

FINANCIAL HARM TO AN ATHLETE OR AN EDUCATIONAL INSTITUTION OR      918          

INSTITUTION OF HIGHER EDUCATION;                                                

      (F)  VIOLATE THE RULES OF THE ATHLETIC CONFERENCE OR         921          

COLLEGIATE ATHLETIC ASSOCIATION GOVERNING AN ATHLETE OR THE        922          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN      923          

WHICH AN ATHLETE IS ENROLLED WHEN THE VIOLATION MAY AFFECT THE     924          

ELIGIBILITY OF THE ATHLETE TO PARTICIPATE IN ATHLETIC COMPETITION  926          

OR OTHERWISE PENALIZE THE EDUCATIONAL INSTITUTION OR INSTITUTION   927          

OF HIGHER EDUCATION;                                               928          

      (G)  AID OR ABET ANOTHER IN CONDUCT THAT VIOLATES THE RULES  931          

OF THE ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION      932          

GOVERNING AN ATHLETE OR THE EDUCATIONAL INSTITUTION OR             933          

INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED,  935          

WHEN THE VIOLATION RESULTS IN THE INELIGIBILITY OF THE ATHLETE TO  936          

                                                          21     


                                                                 
PARTICIPATE IN ATHLETIC COMPETITION OR OTHERWISE PENALIZES THE     937          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;        939          

      (H)  MAKE ANY CONTACT WITH AN ATHLETE THAT IS PROHIBITED     942          

UNDER THIS CHAPTER, OTHER STATE OR FEDERAL LAW, OR THE RULES OF    943          

ANY ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION;        944          

      (I)  POST-DATE AN AGENT OR PROFESSIONAL SPORTS SERVICES      947          

CONTRACT;                                                                       

      (J)  LOAN OR ADVANCE MONEY TO AN ATHLETE OR THE FAMILY OR    950          

FRIENDS OF AN ATHLETE IN CONNECTION WITH THE RECRUITMENT OR        951          

SOLICITATION OF THE ATHLETE;                                       952          

      (K)  PROVIDE TRANSPORTATION, MATERIAL GOODS, OR ANY OTHER    955          

SERVICES TO AN ATHLETE, OR FAMILY OR FRIENDS OF AN ATHLETE, IN     956          

CONNECTION WITH THE RECRUITMENT OR SOLICITATION OF AN ATHLETE;     957          

      (L)  PUBLISH OR CAUSE TO BE PUBLISHED ANY FALSE OR           959          

MISLEADING INFORMATION OR ADVERTISEMENTS CONCERNING THE ATHLETE    960          

AGENT, AN ATHLETE, OR THE PROVISION OF SERVICES BY AN ATHLETE      961          

AGENT.                                                             962          

      Sec. 4771.18.  (A)  THE OHIO ATHLETIC COMMISSION MAY REFUSE  965          

TO GRANT OR RENEW A REGISTRATION, OR MAY SUSPEND OR REVOKE A       967          

REGISTRATION OF AN ATHLETE AGENT UPON PROOF SATISFACTORY TO THE    968          

COMMISSION THAT THE ATHLETE AGENT OR AN EMPLOYEE OR                969          

REPRESENTATIVE OF THE ATHLETE AGENT HAS DONE ANY OF THE            970          

FOLLOWING:                                                                      

      (1)  MADE FALSE OR MISLEADING STATEMENTS OF A MATERIAL       972          

NATURE IN AN APPLICATION FOR REGISTRATION AS AN ATHLETE AGENT;     974          

      (2)  BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE IN    976          

CONNECTION WITH THE PERSON'S SERVICE AS AN ATHLETE AGENT IN THIS   978          

OR ANOTHER STATE;                                                               

      (3)  BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE       980          

INVOLVING ILLEGAL GAMBLING;                                        981          

      (4)  ENGAGED IN CONDUCT THAT HAS A SIGNIFICANT ADVERSE       984          

IMPACT ON THE APPLICANT'S CREDIBILITY, INTEGRITY, OR COMPETENCE    985          

TO SERVE IN A FIDUCIARY CAPACITY;                                  986          

      (5)  MISAPPROPRIATED FUNDS OR ENGAGED IN OTHER SPECIFIC      988          

                                                          22     


                                                                 
CONDUCT THAT WOULD RENDER THE APPLICANT UNFIT TO SERVE IN A        990          

FIDUCIARY CAPACITY, INCLUDING BEING CONVICTED OF OR PLEADING       991          

GUILTY TO OFFENSES INVOLVING EMBEZZLEMENT, THEFT, OR FRAUD;        992          

      (6)  VIOLATED A PROVISION OF THIS CHAPTER OR A RULE ADOPTED  995          

UNDER THIS CHAPTER.                                                             

      (B)  UPON RECEIVING A COMPLAINT OF A VIOLATION OF THIS       998          

CHAPTER OR A RULE ADOPTED UNDER IT, THE COMMISSION SHALL CONDUCT   999          

AN INVESTIGATION OF THE COMPLAINT.  IF THE COMMISSION FINDS        1,000        

REASONABLE CAUSE TO BELIEVE A VIOLATION OCCURRED, THE COMMISSION   1,001        

SHALL CONDUCT A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE     1,003        

REVISED CODE TO DETERMINE IF A VIOLATION OCCURRED.  IF THE         1,005        

COMMISSION FINDS A VIOLATION OCCURRED, THE COMMISSION MAY SUSPEND  1,006        

OR REVOKE, OR REFUSE TO ISSUE OR RENEW, THE REGISTRATION OF AN     1,007        

ATHLETE AGENT FOR SUCH PERIOD OF TIME AS THE COMMISSION FINDS      1,008        

APPROPRIATE.                                                       1,009        

      UPON COMPLETION OF AN INVESTIGATION, IF THE COMMISSION       1,011        

FINDS NO REASONABLE GROUNDS TO BELIEVE A VIOLATION OCCURRED, THE   1,012        

COMMISSION SHALL CERTIFY WITHOUT A HEARING THAT NO VIOLATION       1,013        

OCCURRED.  THE COMMISSION SHALL SERVE THE CERTIFICATION ON ALL     1,014        

PARTIES ADDRESSED IN THE COMPLAINT BY CERTIFIED MAIL, RETURN       1,016        

RECEIPT REQUESTED.  THE CERTIFICATION SHALL BE CONSIDERED A FINAL  1,017        

RESOLUTION OF THE MATTER IF NO OBJECTION TO THE CERTIFICATION IS   1,018        

FILED.  A PARTY INVOLVED IN THE COMPLAINT MAY FILE AN OBJECTION    1,019        

TO THE CERTIFICATION WITH THE COMMISSION WITHIN TEN DAYS AFTER     1,020        

THE DATE THE CERTIFICATION IS MAILED.  IF A PARTY FILES AN         1,021        

OBJECTION TO THE CERTIFICATION WITHIN THE PRESCRIBED PERIOD, THE   1,022        

COMMISSION, WITHIN ITS DISCRETION, MAY CONDUCT A HEARING IN        1,023        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF   1,026        

A VIOLATION OCCURRED.                                              1,027        

      Sec. 4771.19.  A PERSON WHO IS INJURED BY A VIOLATION OF     1,030        

THIS CHAPTER MAY INITIATE A CIVIL ACTION FOR LEGAL AND EQUITABLE   1,031        

RELIEF AGAINST AN ATHLETE AGENT IN A COURT HAVING JURISDICTION     1,032        

OVER THE MATTER.  THE PLAINTIFF ALSO MAY NAME THE SURETY, THE      1,033        

NAMED HOLDER OF ANY SECURITY REQUIRED OF AN ATHLETE AGENT UNDER    1,034        

                                                          23     


                                                                 
THIS CHAPTER, OR THE CARRIER OF MALPRACTICE INSURANCE FOR AN       1,035        

ATHLETE AGENT AS ADDITIONAL PARTIES TO THE ACTION.  THIS CAUSE OF  1,036        

ACTION MAY BE TRANSFERRED OR ASSIGNED IN THE SAME MANNER AS        1,037        

PRESCRIBED FOR CIVIL ACTIONS UNDER OHIO LAW.  THE AMOUNT OF        1,038        

DAMAGES CLAIMED BY THE PLAINTIFF, AND NOT THE AMOUNT OF BOND,      1,039        

SECURITY, OR INSURANCE HELD IN THE NAME OF AN ATHLETE AGENT,       1,040        

DETERMINES THE JURISDICTION OF THE COURT IN WHICH THE ACTION IS    1,041        

BROUGHT.  IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT    1,043        

SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY.    1,044        

      Sec. 4771.20.  (A)  AN INSTITUTION OF HIGHER EDUCATION MAY   1,047        

BRING A CIVIL ACTION AGAINST AN ATHLETE AGENT WHO VIOLATES THIS    1,048        

CHAPTER FOR COMPENSATORY DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES,   1,049        

AND EQUITABLE RELIEF AS THE COURT FINDS APPROPRIATE.  A COURT MAY  1,051        

GRANT EQUITABLE RELIEF TO A PLAINTIFF UNDER THIS SECTION TO        1,052        

PREVENT HARM THAT COULD RESULT FROM THE ACTS OR OMISSIONS OF AN    1,054        

ATHLETE OR ATHLETE AGENT IF THE COURT FINDS A REASONABLE                        

LIKELIHOOD THAT A VIOLATION OCCURRED.                              1,055        

      (B)  FOR PURPOSES OF THIS SECTION, AN INSTITUTION OF HIGHER  1,058        

EDUCATION SUFFERS HARM WHEN, AS THE RESULT OF THE ACTS OF AN       1,059        

ATHLETE AGENT OR AN ATHLETE, BOTH OF THE FOLLOWING OCCUR:          1,060        

      (1)  THE INSTITUTION OR AN ATHLETE ENROLLED AT THE           1,062        

INSTITUTION IS PENALIZED OR IS DECLARED INELIGIBLE TO COMPETE IN   1,064        

INTERCOLLEGIATE ATHLETICS BY A NATIONAL ASSOCIATION THAT PROMOTES  1,065        

OR REGULATES INTERCOLLEGIATE ATHLETICS OR BY AN INTERCOLLEGIATE    1,066        

ATHLETIC CONFERENCE.                                                            

      (2)  AS A RESULT OF THE PENALTY OR DECLARATION OF            1,068        

INELIGIBILITY, THE INSTITUTION OF HIGHER EDUCATION EXPERIENCES     1,069        

ANY OF THE FOLLOWING:                                              1,070        

      (a)  A LOSS OF THE ABILITY TO GRANT AN ATHLETIC              1,072        

SCHOLARSHIP;                                                                    

      (b)  A LOSS OF THE ABILITY TO RECRUIT AN ATHLETE;            1,074        

      (c)  A LOSS OF ELIGIBILITY TO PARTICIPATE IN                 1,076        

INTERCOLLEGIATE COMPETITION;                                       1,077        

      (d)  A LOSS OF ELIGIBILITY TO PARTICIPATE IN POST-SEASON     1,079        

                                                          24     


                                                                 
ATHLETIC COMPETITION;                                              1,080        

      (e)  A FORFEITURE OF ANY ATHLETIC CONTEST;                   1,082        

      (f)  AN ADVERSE FINANCIAL IMPACT INCLUDING, BUT NOT LIMITED  1,084        

TO, LOST REVENUE FROM MEDIA COVERAGE OF ATHLETIC COMPETITION OR    1,085        

LOST TICKET SALES.                                                 1,086        

      (C)  AN INSTITUTION OF HIGHER EDUCATION THAT PREVAILS IN AN  1,089        

ACTION BROUGHT UNDER THIS SECTION MAY RECOVER COMPENSATORY AND     1,090        

PUNITIVE OR EXEMPLARY DAMAGES.  A COURT ALSO MAY AWARD COURT       1,092        

COSTS AND REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.    1,093        

      (D)  IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT   1,095        

SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY.    1,096        

      Sec. 4771.21.  ANY PERSON WHO CONDUCTS BUSINESS IN THIS      1,098        

STATE AS AN ATHLETE AGENT CONSENTS TO THE JURISDICTION OF THE      1,100        

COURTS OF THIS STATE, WHETHER OR NOT THE PERSON IS REGISTERED AS   1,101        

AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.                1,102        

      IF AN ATHLETE AGENT CONDUCTS BUSINESS IN THIS STATE AND      1,104        

THEREAFTER LEAVES THIS STATE WITH INTENT TO DEFRAUD CREDITORS OR   1,106        

TO AVOID SERVICE OF PROCESS IN AN ACTION BROUGHT UNDER THIS        1,108        

CHAPTER, THE ATHLETE AGENT THEREBY MAKES THE SECRETARY OF STATE    1,109        

OF THE STATE OF OHIO THE AGENT OF THE ATHLETE AGENT FOR PURPOSES   1,111        

OF SERVICE OF PROCESS IN ANY CIVIL ACTION OR PROCEEDING            1,112        

INSTITUTED IN THE COURTS OF THIS STATE AGAINST THE ATHLETE AGENT   1,113        

ARISING OUT OF, OR BY REASON OF, THE ATHLETE AGENT'S CONDUCT       1,114        

WITHIN THIS STATE.  THIS APPOINTMENT IS IRREVOCABLE.               1,115        

      THE PROCESS SHALL BE SERVED BY THE OFFICER TO WHOM THE       1,117        

PROCESS IS DIRECTED OR BY THE SHERIFF OF FRANKLIN COUNTY.  THE     1,119        

PROCESS SHALL BE SERVED AS FOLLOWS:                                             

      (A)  UPON THE SECRETARY OF STATE BY LEAVING THE PROCESS AND  1,121        

A TRUE AND ATTESTED COPY OF THE PROCESS AT THE OFFICE OF THE       1,123        

SECRETARY OF STATE, AT LEAST FIFTEEN DAYS BEFORE THE RETURN DAY    1,124        

OF THE PROCESS; AND                                                1,125        

      (B)  BY SENDING TO THE DEFENDANT, AT THE DEFENDANT'S LAST    1,127        

KNOWN ADDRESS, BY REGISTERED MAIL, POSTAGE PREPAID, A LIKE TRUE    1,129        

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

                                                          25     


                                                                 
PROCESS OF THE SERVICE UPON THE SECRETARY OF STATE.  THE           1,131        

REGISTERED MAIL RETURN RECEIPT OF THE DEFENDANT SHALL BE ATTACHED  1,132        

TO AND MADE A PART OF THE RETURN OF SERVICE OF THE PROCESS.        1,133        

      Sec. 4771.99.  (A)  Whoever violates section 4771.02         1,142        

4771.06 OR DIVISION (J) OR (K) OF SECTION 4771.17 of the Revised   1,144        

Code is guilty of a misdemeanor of the first degree.               1,145        

      (B)  AN ATHLETE AGENT WHO VIOLATES DIVISION (C) OF SECTION   1,148        

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

FIRST DEGREE.                                                                   

      Section 2.  That existing sections 3773.33, 3773.34,         1,150        

3773.56, 4771.01, 4771.02, 4771.04, and 4771.99 and sections       1,151        

4771.05 and 4771.06 of the Revised Code are hereby repealed.       1,152        

      Section 3.  Notwithstanding section 3773.33 of the Revised   1,154        

Code, as amended by this act, the member of the Ohio Athletic      1,155        

Commission who is knowledgeable and experienced in college         1,156        

athletics shall be appointed to serve a three-year term beginning  1,157        

upon the expiration of the term of the member of the Commission    1,158        

whose term expires on the earliest date after the effective date   1,159        

of this act.  The member who is knowledgeable and experienced in   1,160        

high school athletics shall be appointed to serve a three-year     1,161        

term beginning on the expiration of the term of the member of the  1,163        

Commission whose term expires second in time after the effective   1,164        

date of this act.  The member who is knowledgeable and                          

experienced in professional athletics shall be appointed to serve  1,165        

a three-year term beginning on the expiration of the term of the   1,166        

member of the Commission whose term expires third in time after    1,167        

the effective date of this act.  Thereafter, members shall be      1,168        

appointed to and serve on the Commission in accordance with        1,169        

section 3773.33 of the Revised Code.                               1,170