As Reported by the Senate Insurance, Commerce             2            

                       and Labor Committee                         2            

123rd General Assembly                                             5            

   Regular Session                       Am. Sub. H. B. No. 107    6            

      1999-2000                                                    7            


       REPRESENTATIVES TIBERI-GARDNER-CORBIN-WILLAMOWSKI-          9            

     TAYLOR-BEATTY-EVANS-JONES-HARTNETT-CORBIN-PERRY-BARNES-       10           

              BOYD-YOUNG-OGG-GRENDELL-SENATOR WATTS                11           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend sections 3773.33, 3773.34, 3773.56,          15           

                4771.01, 4771.02, 4771.04, and 4771.99, to enact   16           

                new sections 4771.05 and 4771.06 and sections      17           

                4771.07 to 4771.21, and to repeal sections         18           

                4771.05 and 4771.06 of the Revised Code to         19           

                establish a system for the registration and                     

                regulation of athlete agents.                      21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 3773.33, 3773.34, 3773.56,         26           

4771.01, 4771.02, 4771.04, and 4771.99 be amended and new          27           

sections 4771.05 and 4771.06 and sections 4771.07, 4771.08,        28           

4771.09, 4771.10, 4771.11, 4771.12, 4771.13, 4771.14, 4771.15,     29           

4771.16, 4771.17, 4771.18, 4771.19, 4771.20, and 4771.21 of the    30           

Revised Code be enacted to read as follows:                                     

      Sec. 3773.33.  (A)  There is hereby created the Ohio         40           

athletic commission.  The commission shall consist of five voting  41           

members appointed by the governor with the advice and consent of   42           

the senate, not more than three of whom shall be of the same       43           

political party, and two nonvoting members, one of whom shall be   44           

a member of the senate appointed by and to serve at the pleasure   45           

of the president of the senate and one of whom shall be a member   46           

of the house of representatives appointed by and to serve at the   47           

pleasure of the speaker of the house of representatives.  To be    48           

                                                          2      


                                                                 
eligible for appointment as a voting member a person shall be a    49           

qualified elector, AND a resident of the state for not less than   50           

five years immediately preceding the person's appointment, and.    52           

TWO VOTING MEMBERS SHALL BE knowledgeable in boxing, AT LEAST ONE  54           

VOTING MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN HIGH                    

SCHOOL ATHLETICS, ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE AND     55           

EXPERIENCED IN PROFESSIONAL ATHLETICS, AND AT LEAST ONE VOTING     56           

MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN COLLEGIATE        58           

ATHLETICS.  One commission member shall hold the degree of doctor  60           

of medicine or doctor of osteopathy.                                            

      (B)  No person shall be appointed to the commission or be    62           

an employee of the commission who is licensed, REGISTERED, or      63           

regulated by the commission.  No member shall have any legal or    65           

beneficial interest, direct or indirect, pecuniary or otherwise,   66           

in any person who is licensed, REGISTERED, or regulated by the     67           

commission or who participates in prize fights or public boxing    68           

or wrestling matches or exhibitions.  No member shall participate  70           

in any fight, match, or exhibition other than in the member's      71           

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

inspector as authorized in section 3773.52 of the Revised Code.    72           

      (C)  The governor shall appoint the voting members to the    74           

commission.  Of the initial appointments, two shall be for terms   75           

ending one year after the effective date of this section           76           

SEPTEMBER 3, 1996, two shall be for terms ending two years after   77           

the effective date of this section SEPTEMBER 3, 1996, and one      79           

shall be for a term ending three years after the effective date    80           

of this section SEPTEMBER 3, 1996.  Thereafter, terms of office    81           

shall be for three years, each term ending the same day of the     82           

same month of the year as did the term which it succeeds.  Each    83           

member shall hold office from the date of the member's             84           

appointment until the end of the term for which the member was     85           

appointed.  Any member appointed to fill a vacancy occurring                    

prior to the expiration of the term for which the member's         86           

predecessor was appointed shall hold office for the remainder of   87           

                                                          3      


                                                                 
the term.  Any member shall continue in office subsequent to the   89           

expiration date of the member's term until the member's successor  90           

takes office, or until a period of sixty days has elapsed,         91           

whichever occurs first.                                            92           

      The governor shall name one voting member as chairperson of  94           

the commission at the time of making the appointment of any        95           

member for a full term.  Three voting members shall constitute a   96           

quorum, and the affirmative vote of three voting members shall be  97           

necessary for any action taken by the commission.  No vacancy on   98           

the commission impairs the authority of the remaining members to                

exercise all powers of the commission.                             99           

      Voting members, when engaged in commission duties, shall     101          

receive a per diem compensation determined in accordance with      102          

division (J) of section 124.15 of the Revised Code, and all        103          

members shall receive their actual and necessary expenses          104          

incurred in the performance of their official duties.              105          

      Each voting member, before entering upon the discharge of    107          

the member's duties, shall file a surety bond payable to the       108          

treasurer of state in the sum of ten thousand dollars.  Each       109          

surety bond shall be conditioned upon the faithful performance of  110          

the duties of the office, executed by a surety company authorized  111          

to transact business in this state, and filed in the office of     112          

the secretary of state.                                            113          

      The governor may remove any voting member for malfeasance,   115          

misfeasance, or nonfeasance in office after giving the member a    116          

copy of the charges against the member and affording the member    117          

an opportunity for a public hearing, at which the member may be    118          

represented by counsel, upon not less than ten days' notice.  If   119          

the member is removed, the governor shall file a complete          120          

statement of all charges made against the member and the           121          

governor's finding thereon in the office of the secretary of       122          

state, together with a complete report of the proceedings.  The    123          

governor's decision shall be final.                                124          

      (D)  The commission shall maintain an office in Youngstown   126          

                                                          4      


                                                                 
and keep all of its permanent records there.                       127          

      Sec. 3773.34.  (A)  The Ohio athletic commission shall       136          

adopt and may amend or rescind rules in accordance with Chapter    137          

119. of the Revised Code, prescribing the conditions under which   138          

prize fights and public boxing or wrestling matches or             139          

exhibitions may be conducted, classifying professional boxers by   141          

weight, and providing for the administration of sections 3773.31   142          

to 3773.57 of the Revised Code.  The rules may require that an     143          

applicant for a contestant's license to participate in a public    144          

boxing match or exhibition take an HIV test, as defined in         145          

section 3701.24 of the Revised Code, before being issued the       146          

contestant's license and may require that a licensed contestant    147          

take such an HIV test before participating in a public boxing      148          

match or exhibition.  The commission may issue, deny, suspend, or  149          

revoke permits to hold prize fights and public boxing or           150          

wrestling matches or exhibitions, and may issue, deny, suspend,    152          

or revoke licenses to persons engaged in any public boxing match   153          

or exhibition as authorized by sections 3773.31 to 3773.57 of the  154          

Revised Code.                                                                   

      (B)  IN ADDITION TO THE DUTIES SET FORTH IN THIS CHAPTER,    156          

THE OHIO ATHLETIC COMMISSION SHALL TAKE ACTION AS NECESSARY TO     157          

CARRY OUT THE PROVISIONS OF CHAPTER 4771. OF THE REVISED CODE      158          

GOVERNING ATHLETE AGENTS.                                                       

      (C)  On or before the thirty-first day of December of each   160          

year, the commission shall make a report to the governor of its    161          

proceedings for the year ending on the first day of December of    162          

that calendar year, and may include in the report any              163          

recommendations pertaining to its duties.                          164          

      Sec. 3773.56.  The Ohio athletic commission may appoint an   174          

executive director and employ such persons as are necessary to     175          

administer sections 3773.31 to 3773.57 AND CHAPTER 4771. of the    176          

Revised Code and fix their compensation.  Such executive director  177          

and employees shall serve in the unclassified status and at the    179          

pleasure of the commission.                                                     

                                                          5      


                                                                 
      All receipts received by the commission under sections       181          

3773.31 to 3773.57 AND CHAPTER 4771. of the Revised Code shall be  183          

deposited in the occupational licensing and regulatory fund.  All  184          

vouchers of the commission shall be approved by the chairperson    185          

of the commission.                                                 186          

      Sec. 4771.01.  As used in sections 4771.01 to 4771.06 of     195          

the Revised Code THIS CHAPTER:                                     196          

      (A)  "Agent contract" means any contract or agreement        198          

pursuant to which a student AN athlete authorizes or empowers or   199          

agrees to authorize or empower at some later date a person AN      200          

ATHLETE AGENT to negotiate or solicit DO any professional sport    202          

services contract on behalf of the athlete.  If a student athlete  204          

also engages in a nonintercollegiate sporting event, contest,      205          

exhibition, or program, "agent contract" does not include any      206          

contract or agreement described in this division if the athlete    207          

agent negotiates or solicits any professional sport services       208          

contract on behalf of the athlete in the nonintercollegiate sport  209          

that he engages in FOLLOWING:                                      210          

      (1)  NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE      212          

ATHLETE WITH ONE OR MORE PROFESSIONAL SPORTS TEAMS FOR THE         213          

EMPLOYMENT OF THE ATHLETE BY A PROFESSIONAL SPORTS TEAM;           214          

      (2)  NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE      216          

ATHLETE FOR THE EMPLOYMENT OF THE ATHLETE AS A PROFESSIONAL        217          

ATHLETE;                                                                        

      (3)  MARKET, OR ENTER AN AGREEMENT TO MARKET, AN ATHLETE OR  219          

AN ATHLETE'S REPUTATION.                                           220          

      (B)  "Athlete agent" means any person who offers an agent    222          

contract to, or enters DIRECTLY OR INDIRECTLY RECRUITS OR          223          

SOLICITS ANY ATHLETE TO ENTER into an agent contract with, a       224          

student athlete OR PROFESSIONAL SPORTS SERVICES CONTRACT, OR WHO   225          

FOR A FEE PROCURES, OFFERS, PROMISES, OR ATTEMPTS TO OBTAIN        226          

EMPLOYMENT FOR AN ATHLETE WITH A PROFESSIONAL SPORTS TEAM, OR AS   227          

A PROFESSIONAL ATHLETE, OR OTHERWISE ATTEMPTS TO MARKET AN         228          

ATHLETE OR AN ATHLETE'S REPUTATION.  Athlete agent does not        229          

                                                          6      


                                                                 
include either of the following:                                                

      (1)  A member of a student athlete's immediate family;       232          

      (2)  An attorney from whom a student AN athlete seeks legal  234          

advice concerning a proposed professional sport SPORTS services    235          

contract if the attorney does not represent the student athlete    237          

in negotiating or soliciting the contract.                         238          

      (C)  "Immediate family" means an individual's spouse,        240          

child, parent, stepparent, grandparent, grandchild, brother,       241          

sister, parent-in-law, brother-in-law, sister-in-law, nephew,      242          

niece, aunt, uncle, first cousin, or the spouse or guardian of     243          

any of the individuals described in this division.                 244          

      (D)  "ATHLETE" MEANS EITHER OF THE FOLLOWING:                247          

      (1)  A STUDENT ENROLLED IN ANY EDUCATIONAL INSTITUTION OR    249          

INSTITUTION OF HIGHER EDUCATION IN THIS STATE, WHO PARTICIPATES,   250          

OR IS OR MAY BECOME ELIGIBLE TO PARTICIPATE, IN ANY ATHLETIC       251          

SPORTING EVENT, CONTEST, EXHIBITION, OR PROGRAM AT THE             252          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;                     

      (2)  A STUDENT WHO MEETS ONE OF THE FOLLOWING CRITERIA:      254          

      (a)  RESIDES IN THIS STATE, IS ELIGIBLE TO PARTICIPATE IN    256          

AN AMATEUR ATHLETIC PROGRAM, AND HAS INFORMED AN EDUCATIONAL       257          

INSTITUTION OR INSTITUTION OF HIGHER EDUCATION, IN WRITING, OF     258          

THE STUDENT'S INTENT TO PARTICIPATE IN THAT INSTITUTION'S AMATEUR  259          

ATHLETIC PROGRAM;                                                               

      (b)  DOES NOT RESIDE IN THIS STATE BUT IS ELIGIBLE TO        261          

PARTICIPATE IN AN AMATEUR ATHLETIC PROGRAM AND HAS INFORMED, IN    262          

WRITING, AN EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER       263          

EDUCATION IN THIS STATE OF THE STUDENT'S INTENT TO PARTICIPATE IN  264          

THAT INSTITUTION'S AMATEUR ATHLETIC PROGRAM.                                    

      (D)(E)  "Institution of higher education" means a state      266          

university or college or a private nonprofit college or            267          

university located in this state that possesses a certificate of   268          

authorization issued by the Ohio board of regents pursuant to      269          

Chapter 1713. of the Revised Code.                                 270          

      (E)(F)  "Professional sport SPORTS services contract" means  273          

                                                          7      


                                                                 
any EITHER OF THE FOLLOWING:                                       274          

      (1)  ANY contract or agreement pursuant to which an          277          

individual ATHLETE is employed or agrees to render services as a   279          

player on a professional sport SPORTS team or as a professional    281          

athlete;                                                                        

      (2)  ANY CONTRACT OR AGREEMENT THAT PROVIDES FOR THE         283          

PRESENT OR FUTURE MARKETING OF AN ATHLETE OR ATHLETE'S             284          

REPUTATION.                                                                     

      (F)(G)  "State university or college" includes the state     286          

universities listed in section 3345.011 of the Revised Code,       287          

community colleges created pursuant to Chapter 3354. of the        288          

Revised Code, university branches created pursuant to Chapter      289          

3355. of the Revised Code, technical colleges created pursuant to  290          

Chapter 3357. of the Revised Code, and state community colleges    291          

created pursuant to Chapter 3358. of the Revised Code.             292          

      (G)  "Student athlete" means any individual who is enrolled  294          

as a student at an institution of higher education in this state   295          

and engages in any intercollegiate sporting event, contest,        296          

exhibition, or program (H)  "EDUCATIONAL INSTITUTION" MEANS ANY    298          

INSTITUTION LOCATED IN THIS STATE, PUBLIC OR PRIVATE, THAT         300          

PROVIDES ELEMENTARY OR SECONDARY EDUCATION TO STUDENTS AS ITS      301          

PRIMARY FUNCTION.                                                               

      Sec. 4771.02.  (A)  No athlete agent shall enter into an     310          

agent contract with a student AN athlete unless the agent          312          

complies with both ALL of the following AGENT CONTRACT             313          

REQUIREMENTS:                                                                   

      (A)(1)  The agent contract is in writing ON A FORM APPROVED  315          

BY THE OHIO ATHLETIC COMMISSION and includes all agreements        316          

between the parties;                                               318          

      (B)  Not less than fourteen days before entering into an     320          

agent contract with a student athlete, the athlete agent files a   322          

copy of the proposed contract with the official who is             323          

responsible for the supervision of the particular sport program    324          

at the institution of higher education at which the student                     

                                                          8      


                                                                 
athlete who is a participant in the program is enrolled.           325          

      (2)  THE AGENT CONTRACT INCLUDES IN BOLDFACE, TWELVE-POINT   327          

TYPE, ON THE INITIAL PAGE OF THE AGENT CONTRACT, THE FOLLOWING     328          

LANGUAGE:                                                          329          

      "THE ATHLETE AGENT ENTERING THIS AGREEMENT IS REGISTERED TO  332          

SERVE AS AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.                    

REGISTRATION OF AN ATHLETE AGENT UNDER CHAPTER 4771. OF THE        334          

REVISED CODE DOES NOT IMPLY APPROVAL BY THE COMMISSION OF THE      336          

TERMS AND CONDITIONS OF THIS CONTRACT OR THE COMPETENCE OF THE     337          

ATHLETE AGENT."                                                                 

      (3)  THE AGENT CONTRACT INCLUDES THE FOLLOWING LANGUAGE IN   339          

BOLDFACE, TWELVE-POINT TYPE, NEAR THE SPACE PROVIDED FOR AN        340          

ATHLETE TO SIGN OR OTHERWISE ACKNOWLEDGE AGREEMENT TO THE TERMS    341          

OF THE CONTRACT:                                                   342          

      "WARNING TO THE STUDENT ATHLETE:  WHEN YOU SIGN THIS         344          

CONTRACT, YOU MAY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN  345          

ANY AMATEUR OR INTERCOLLEGIATE ATHLETICS.  ACCORDINGLY, YOU MUST   346          

GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT TO    347          

THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE         348          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN      349          

WHICH YOU ARE ENROLLED, OR TO WHICH YOU HAVE FORMALLY              350          

ACKNOWLEDGED YOUR PLANS TO ATTEND, PRIOR TO THE EARLIER OF         351          

PARTICIPATING IN OR PRACTICING FOR AN OFFICIALLY SANCTIONED        353          

ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT, OR         354          

SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT.                            

      DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED  357          

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

SIGNING THIS CONTRACT, YOU HAVE THE RIGHT TO  RESCIND THIS         358          

CONTRACT FOR A PERIOD OF UP TO TEN DAYS AFTER THE LATEST OF THE    359          

FOLLOWING OCCURRENCES:                                             360          

      (a)  THE DATE THE CONTRACT IS SIGNED;                        362          

      (b)  THE DATE THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR     364          

POSITION AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER   366          

EDUCATION IN WHICH YOU ARE ENROLLED, OR HAVE ACKNOWLEDGED PLANS    367          

                                                          9      


                                                                 
TO ATTEND, RECEIVES NOTICE OF THIS CONTRACT; OR                                 

      (c)  THE LAST DATE YOU PARTICIPATE IN AN OFFICIALLY          369          

SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT  371          

IF NO NOTICE OF THIS CONTRACT IS PROVIDED TO THE ATHLETIC                       

DIRECTOR OR PERSON OF SIMILAR POSITION.                            372          

      DESPITE CANCELLATION OF THIS CONTRACT, THE EDUCATIONAL       374          

INSTITUTION, INSTITUTION OF HIGHER EDUCATION, OR INTERCOLLEGIATE   376          

ATHLETIC ASSOCIATION OR CONFERENCE TO WHICH YOUR INSTITUTION OF    377          

HIGHER EDUCATION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO                    

PARTICIPATE IN AMATEUR OR INTERCOLLEGIATE ATHLETICS.  IF YOU SIGN  378          

THIS CONTRACT PRIOR TO THE LAST OFFICIALLY SANCTIONED ATHLETIC     379          

COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT YOU PARTICIPATE IN   381          

AND FAIL TO NOTIFY YOUR INSTITUTION OF THIS CONTRACT, YOUR                      

ATHLETIC TEAM MAY BE REQUIRED TO FORFEIT ALL GAMES IN WHICH YOU    382          

PARTICIPATED AFTER SIGNING.  SUCH ACTION ALSO MAY CAUSE YOUR       383          

ATHLETIC TEAM TO BE DECLARED INELIGIBLE FOR POST-SEASON PLAY."     385          

      (4)  THE ATHLETE AGENT AGREES IN THE AGENT CONTRACT TO       388          

PROVIDE WRITTEN NOTICE OF THE AGENT CONTRACT TO THE ATHLETIC       390          

DIRECTOR OR PERSON OF SIMILAR POSITION AT THE EDUCATIONAL                       

INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN WHICH THE        391          

ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME THE ATHLETE   392          

NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY SANCTIONED     394          

ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT AFTER       395          

ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER ENTERING  397          

THAT AGENT CONTRACT.                                                            

      (5)  ALL TERMS AND CONDITIONS CONTAINED IN THE AGENT         399          

CONTRACT COMPLY WITH STATE AND FEDERAL LAW.                        400          

      (B)  A PROVISION IN AN AGENT CONTRACT THAT PROVIDES FOR THE  403          

RESOLUTION OF ANY CONTROVERSY IN CONNECTION WITH THE CONTRACT BY   404          

ARBITRATION IS VOID AND UNENFORCEABLE UNLESS BOTH OF THE           405          

FOLLOWING APPLY:                                                                

      (1)  THE PROVISION IS CONTAINED IN AN AGENT CONTRACT         407          

BETWEEN AN ATHLETE AGENT AND AN ATHLETE FOR WHOM THE ATHLETE       408          

AGENT UNDERTAKES TO SECURE EMPLOYMENT.                             409          

                                                          10     


                                                                 
      (2)  THE PROVISION IS INCLUDED IN THE AGENT CONTRACT         411          

PURSUANT TO A RULE, REGULATION, OR CONTRACT OF A BONA FIDE LABOR   412          

UNION OR ORGANIZATION THAT REGULATES THE RELATIONS OF ITS MEMBERS  414          

WITH ATHLETE AGENTS.                                                            

      (C)  AN ATHLETE AND ATHLETE AGENT WHO ENTER AN AGENT         416          

CONTRACT EACH SHALL PROVIDE WRITTEN NOTICE OF THAT AGENT CONTRACT  417          

TO THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE      419          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN      420          

WHICH THE ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME     421          

THE ATHLETE NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY                 

SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT  423          

AFTER ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER     425          

ENTERING THAT AGENT CONTRACT.                                                   

      Sec. 4771.04.  Any agent contract entered into in violation  434          

of sections 4771.01 to 4771.06 of the Revised Code THIS CHAPTER    436          

shall be void and unenforceable.                                   437          

      AN AGENT CONTRACT ENTERED INTO IN THIS STATE OR AN AGENT     439          

CONTRACT ENTERED INTO WITH AN ATHLETE WHO IS ENROLLED IN AN        440          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION         442          

LOCATED IN THIS STATE SHALL BE GOVERNED BY OHIO LAW.               443          

      Sec. 4771.05.  THE OHIO ATHLETIC COMMISSION, ESTABLISHED     446          

UNDER SECTION 3773.33 OF THE REVISED CODE, SHALL DO ALL OF THE     447          

FOLLOWING:                                                                      

      (A)  REVIEW THE APPLICATION FORM OF AN APPLICANT FOR         449          

REGISTRATION AS AN ATHLETE AGENT;                                  450          

      (B)  ISSUE AND RENEW BIENNIAL CERTIFICATES OF REGISTRATION   452          

FOR AN ATHLETE AGENT PURSUANT TO THIS CHAPTER;                     454          

      (C)  MAINTAIN RECORDS OF EVERY ATHLETE AGENT REGISTERED IN   457          

THIS STATE, INCLUDING THE AGENT'S BUSINESS AND RESIDENTIAL         458          

ADDRESS, AND THE DATE AND NUMBER OF THE AGENT'S REGISTRATION;      459          

      (D)  ESTABLISH AN APPLICATION FORM TO BE COMPLETED BY AN     461          

INDIVIDUAL SEEKING REGISTRATION AS AN ATHLETE AGENT;               462          

      (E)  ESTABLISH A FEE FOR THE REGISTRATION, AND RENEWAL OF    465          

THE REGISTRATION, OF AN INDIVIDUAL AS AN ATHLETE AGENT IN AN       466          

                                                          11     


                                                                 
AMOUNT NECESSARY TO GENERATE SUFFICIENT FUNDS TO COVER THE COST    467          

OF ADMINISTERING AND ENFORCING THIS CHAPTER;                                    

      (F)  ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE      470          

REVISED CODE TO CARRY OUT THE PURPOSES OF THIS CHAPTER.            471          

      Sec. 4771.06.  NO PERSON SHALL SERVE AS AN ATHLETE AGENT IN  473          

THIS STATE UNLESS THE PERSON HOLDS A CURRENT AND VALID             474          

CERTIFICATE OF REGISTRATION AS AN ATHLETE AGENT ISSUED UNDER       476          

SECTION 4771.08 OF THE REVISED CODE, A TEMPORARY CERTIFICATE       478          

ISSUED UNDER SECTION 4771.08 OF THE REVISED CODE, OR A TEMPORARY   481          

CERTIFICATE OF CONVENIENCE ISSUED UNDER SECTION 4771.09 OF THE     483          

REVISED CODE.                                                      484          

      Sec. 4771.07.  (A)  EACH INDIVIDUAL WHO DESIRES TO SERVE AS  487          

AN ATHLETE AGENT WITHIN THIS STATE SHALL FIRST FILE AN             488          

APPLICATION FOR REGISTRATION WITH THE OHIO ATHLETIC COMMISSION.    489          

THE APPLICANT SHALL APPLY USING A FORM PRESCRIBED BY THE           490          

COMMISSION AND SHALL PROVIDE ALL THE FOLLOWING INFORMATION:        491          

      (1)  THE NAME AND RESIDENTIAL ADDRESS OF THE APPLICANT;      494          

      (2)  THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE        496          

APPLICANT WISHES TO CONDUCT BUSINESS AS AN ATHLETE AGENT;          497          

      (3)  THE TYPE OF BUSINESS CONDUCTED OR THE OCCUPATION HELD   499          

BY THE APPLICANT DURING THE FIVE YEARS IMMEDIATELY PRECEDING       500          

APPLICATION;                                                                    

      (4)  THE LOCATION AND EVIDENCE OF A TRUST FUND ESTABLISHED   502          

IN ACCORDANCE WITH DIVISION (B) OF SECTION 4771.12 OF THE REVISED  503          

CODE AND RULES ADOPTED BY THE COMMISSION;                          505          

      (5)  THE NAME AND ADDRESS OF ALL PERSONS WHO HAVE A          508          

FINANCIAL INTEREST IN THE BUSINESS OPERATION OF THE APPLICANT, OR  509          

WHO ARE COMPENSATED FOR THE SOLICITATION OR RECRUITMENT OF         510          

ATHLETES ON BEHALF OF THE APPLICANT, EXCEPT FOR SALARIED           511          

EMPLOYEES WHO RECEIVE NO COMMISSION OR BONUS PURSUANT TO ANY       512          

AGENT OR PROFESSIONAL SPORTS SERVICES CONTRACT;                    513          

      (6)  ANY OTHER INFORMATION DEEMED NECESSARY BY THE           516          

COMMISSION.                                                                     

      (B)  THE APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR     518          

                                                          12     


                                                                 
REGISTRATION AN AFFIDAVIT OR CERTIFICATE OF COMPLETION DESCRIBING  520          

ALL FORMAL TRAINING OR PRACTICAL EXPERIENCE COMPLETED BY THE       521          

APPLICANT IN ANY OF THE FOLLOWING AREAS:                                        

      (1)  CONTRACTS;                                              523          

      (2)  CONTRACT NEGOTIATIONS;                                  525          

      (3)  COMPLAINT RESOLUTION;                                   527          

      (4)  ARBITRATION;                                            529          

      (5)  DISPUTE RESOLUTION.                                     531          

      AN ATTORNEY ADMITTED TO PRACTICE LAW IN THIS STATE SHALL     534          

SUBMIT WITH THE APPLICATION A CERTIFICATE OF GOOD STANDING ISSUED  535          

BY THE SUPREME COURT OF OHIO IN LIEU OF AN AFFIDAVIT OR            536          

CERTIFICATE OTHERWISE REQUIRED UNDER THIS DIVISION.                             

      (C)  AN APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR      539          

REGISTRATION AN APPLICATION FEE IN AN AMOUNT DETERMINED BY THE     540          

COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE      542          

REVISED CODE AND PROOF OF ONE OF THE SECURITIES REQUIRED UNDER     543          

SECTION 4771.11 OF THE REVISED CODE.                                            

      (D)  AN ATHLETE AGENT SHALL NOTIFY THE COMMISSION OF ANY     546          

CHANGE IN BUSINESS LOCATION OR ADDRESS DURING THE PERIOD OF        547          

APPLICATION FOR REGISTRATION OR DURING THE PERIOD OF TIME THE      548          

REGISTRATION OF THE ATHLETE AGENT IS VALID.                        549          

      Sec. 4771.08.  (A)  UPON RECEIPT OF ALL THE MATERIALS        551          

REQUIRED FOR APPLICATION FOR REGISTRATION UNDER SECTION 4771.07    553          

OF THE REVISED CODE, THE OHIO ATHLETIC COMMISSION SHALL EVALUATE   555          

THE INFORMATION PROVIDED AND ISSUE A CERTIFICATE OF REGISTRATION   556          

TO THE APPLICANT, UNLESS THE COMMISSION FINDS THAT THE APPLICANT   557          

OR AN EMPLOYEE OR REPRESENTATIVE OF THE APPLICANT HAS COMMITTED    558          

ANY OF THE ACTS DESCRIBED IN DIVISION (A) OF SECTION 4771.18 OF    559          

THE REVISED CODE.                                                  560          

      (B)  THE COMMISSION MAY ISSUE A TEMPORARY CERTIFICATE OF     563          

REGISTRATION, EFFECTIVE FOR A PERIOD OF UP TO NINETY DAYS AFTER    564          

THE ISSUANCE OF THE TEMPORARY REGISTRATION, TO AN ATHLETE AGENT    565          

WHO IS REGISTERED AS AN ATHLETE AGENT IN ANOTHER STATE, OR TO A    566          

PERSON WHO HAS NOT SUBMITTED ALL THE MATERIAL REQUIRED UNDER       568          

                                                          13     


                                                                 
SECTION 4771.07 OF THE REVISED CODE, BUT WHO THE COMMISSION        569          

DETERMINES TO HAVE SUBMITTED SUFFICIENT MATERIAL TO WARRANT THE    571          

ISSUANCE OF A TEMPORARY CERTIFICATE.                               572          

      (C)  THE REGISTRATION OF AN ATHLETE AGENT WITH THE           575          

COMMISSION IS VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE THE   576          

CERTIFICATE OF REGISTRATION IS ISSUED.  AN ATHLETE AGENT SHALL     577          

FILE AN APPLICATION FOR THE RENEWAL OF A REGISTRATION WITH THE     578          

COMMISSION AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION OF THE     580          

REGISTRATION OF THE ATHLETE AGENT.  AN APPLICATION FOR RENEWAL     581          

SHALL BE ACCOMPANIED BY A RENEWAL FEE IN AN AMOUNT DETERMINED BY   582          

THE COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE  583          

REVISED CODE.                                                                   

      (D)  EACH CERTIFICATE OF REGISTRATION ISSUED BY THE          586          

COMMISSION TO AN ATHLETE AGENT SHALL CONTAIN ALL THE FOLLOWING     587          

INFORMATION:                                                       588          

      (1)  THE NAME OF THE ATHLETE AGENT;                          590          

      (2)  THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE        592          

ATHLETE AGENT IS AUTHORIZED TO CONDUCT BUSINESS AS AN ATHLETE      593          

AGENT;                                                                          

      (3)  A REGISTRATION NUMBER FOR THE ATHLETE AGENT AND THE     595          

DATE OF ISSUANCE OF THE REGISTRATION.                              596          

      (E)  NO REGISTRATION OR CERTIFICATE OF REGISTRATION IS       599          

VALID FOR ANY INDIVIDUAL OTHER THAN THE ATHLETE AGENT TO WHOM IT   600          

IS ISSUED.                                                                      

      (F)  THE COMMISSION IS NOT LIABLE FOR THE ACTS OF AN         603          

ATHLETE AGENT WHO IS REGISTERED WITH THE COMMISSION.               604          

      Sec. 4771.09.  (A)  THE OHIO ATHLETIC COMMISSION MAY ISSUE   607          

AN ELIGIBLE PERSON A CERTIFICATE OF CONVENIENCE TO CONDUCT         608          

BUSINESS AS AN ATHLETE AGENT WHEN A REGISTERED ATHLETE AGENT IS    609          

DECEASED, OR DECLARED INCOMPETENT OR PHYSICALLY INFIRM BY THE      610          

JUDGMENT OF A COURT OF COMPETENT JURISDICTION.  THE COMMISSION     611          

MAY ISSUE A CERTIFICATE OF CONVENIENCE UPON EITHER RECEIVING       612          

APPROVAL TO DO SO FROM A PROBATE COURT OR FINDING THAT THE LAST    613          

WILL AND TESTAMENT OF THE ATHLETE AGENT SPECIFICALLY AUTHORIZES    614          

                                                          14     


                                                                 
THE EXECUTOR OR ADMINISTRATOR OF ESTATE TO CONDUCT THE BUSINESS    615          

OF THE ATHLETE AGENT.                                              616          

      (B)  THE FOLLOWING PERSONS ARE ELIGIBLE TO OBTAIN A          619          

CERTIFICATE OF CONVENIENCE TO CONDUCT BUSINESS ON BEHALF OF AN     620          

ATHLETE AGENT:                                                                  

      (1)  THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE      622          

DECEASED ATHLETE AGENT;                                            623          

      (2)  THE GUARDIAN OF THE ESTATE OF AN ATHLETE AGENT WHO HAS  625          

BEEN DECLARED INCOMPETENT OR THE CONSERVATOR APPOINTED TO MANAGE   626          

THE ESTATE OF AN ATHLETE AGENT WHO HAS BEEN DECLARED PHYSICALLY    627          

INFIRM.                                                            628          

      (C)  A CERTIFICATE OF CONVENIENCE IS VALID FOR NINETY DAYS   630          

AFTER THE DATE IT IS ISSUED.  IF THE HOLDER OF A CERTIFICATE OF    631          

CONVENIENCE APPLIES FOR REGISTRATION AS AN ATHLETE AGENT, THE      632          

COMMISSION MAY RENEW THE CERTIFICATE OF CONVENIENCE FOR A PERIOD   633          

OF TIME THE COMMISSION FINDS APPROPRIATE PENDING THE COMMISSION'S  635          

DETERMINATION WHETHER TO ISSUE A CERTIFICATE OF REGISTRATION AS    636          

AN ATHLETE AGENT TO THE HOLDER OF THE CERTIFICATE OF CONVENIENCE.  637          

      Sec. 4771.10.  THE COMMISSION MAY REQUIRE EACH REGISTERED    640          

ATHLETE AGENT TO COMPLETE NOT MORE THAN SIX HOURS OF CONTINUING    641          

EDUCATION DURING A BIENNIAL REGISTRATION IN PROGRAMS TO BE         642          

DETERMINED OR APPROVED BY THE COMMISSION.  IF THE COMMISSION                    

IMPOSES CONTINUING EDUCATION REQUIREMENTS ON ATHLETE AGENTS, NOT   643          

LESS THAN TWO OF THE SIX HOURS OF CONTINUING EDUCATION SHALL BE    644          

DEVOTED TO ETHICS.                                                 645          

      A CONTINUING EDUCATION PROGRAM SHALL PROMOTE THE ABILITY OF  648          

AN ATHLETE AGENT TO SERVE AS AN ATHLETE AGENT IN AN ETHICAL AND    649          

LEGAL MANNER.  A CONTINUING EDUCATION PROGRAM MAY ADDRESS LAWS     650          

AND RULES GOVERNING ATHLETE AGENTS AND RULES AND POLICIES          651          

ESTABLISHED BY AN ATHLETIC CONFERENCE OR A COLLEGIATE ATHLETIC     652          

ORGANIZATION.  AN ATHLETE AGENT ALSO MAY OBTAIN CREDIT FOR         653          

CONTINUING EDUCATION BY PARTICIPATING IN OR ATTENDING LECTURES,    654          

COURSES AT INSTITUTIONS OF HIGHER EDUCATION, SEMINARS, OR          655          

RULE-MAKING OR DISCIPLINARY PROCEEDINGS APPROVED BY THE            656          

                                                          15     


                                                                 
COMMISSION, OR BY TEACHING A SUBJECT THAT PERTAINS TO THE                       

PROFESSION OF AN ATHLETE AGENT.                                    657          

      IF THE COMMISSION REQUIRES ATHLETE AGENTS TO FULFILL         659          

CONTINUING EDUCATION REQUIREMENTS UNDER THIS SECTION, THE          660          

COMMISSION SHALL ADOPT RULES TO CARRY OUT THE PURPOSES OF THIS     661          

SECTION.  THE RULES SHALL CONTAIN PROCEDURES BY WHICH THE          662          

COMMISSION SHALL MONITOR AN ATHLETE AGENT'S COMPLIANCE WITH THE    663          

CONTINUING EDUCATION REQUIREMENTS PRIOR TO RENEWAL OF AN ATHLETE   664          

AGENT'S CERTIFICATE OF REGISTRATION.                               665          

      Sec. 4771.11.  (A)  PRIOR TO ISSUING A CERTIFICATE OF        667          

REGISTRATION, THE OHIO ATHLETIC COMMISSION SHALL REQUIRE AN        668          

ATHLETE AGENT TO SUBMIT PROOF OF ONE OF THE FOLLOWING SECURITIES:  670          

      (1)  A SURETY BOND IN THE AMOUNT OF FIFTEEN THOUSAND         674          

DOLLARS IN FAVOR OF THE STATE OF OHIO FOR THE BENEFIT OF ANY       675          

PERSON WHO IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES      676          

ADOPTED UNDER THIS CHAPTER;                                                     

      (2)  A CERTIFICATE OF DEPOSIT IN FAVOR OF, OR A SAVINGS      678          

ACCOUNT ASSIGNED TO, THE STATE OF OHIO FOR THE BENEFIT OF ANY      679          

PERSON THAT IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES     680          

ADOPTED UNDER THIS CHAPTER, IN THE AMOUNT OF FIFTEEN THOUSAND      682          

DOLLARS;                                                                        

      (3)  CERTIFICATION FROM AN INSURANCE CARRIER INDICATING      684          

THAT THE ATHLETE AGENT HAS OBTAINED PROFESSIONAL MALPRACTICE       685          

INSURANCE IN AN AMOUNT EQUAL TO, OR GREATER THAN, FIFTY THOUSAND   686          

DOLLARS, OR A LESSER AMOUNT, AS PERMITTED BY THE COMMISSION.       687          

      AN ATHLETE AGENT SHALL PRESENT EVIDENCE OF A BOND, A         690          

CERTIFICATE OF DEPOSIT, AN ASSIGNED SAVINGS ACCOUNT, OR                         

PROFESSIONAL MALPRACTICE INSURANCE IN THE MANNER PRESCRIBED BY     691          

THE COMMISSION.                                                    692          

      (B)  THE COMMISSION SHALL HOLD ON DEPOSIT, AS AN AGENT OF    695          

THE STATE, ANY SURETY BOND OR OTHER FORM OF SECURITY DEPOSITED     697          

WITH THE COMMISSION BY AN ATHLETE AGENT.  THE COMMISSION SHALL     698          

HOLD THE SECURITY IN TRUST CONTINGENT ON AN ATHLETE AGENT'S        699          

COMPLIANCE WITH ALL PROVISIONS OF THIS CHAPTER INCLUDING THE       700          

                                                          16     


                                                                 
PAYMENT OF ALL MONEYS OWED TO AN ATHLETE, GROUP OF ATHLETES,       701          

EDUCATIONAL INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION, AND   702          

THE PAYMENT OF ALL DAMAGES OTHER THAN PUNITIVE DAMAGES DUE AS THE  703          

RESULT OF A MISSTATEMENT, MISREPRESENTATION, FRAUDULENT ACT,       705          

DECEIT, OR UNLAWFUL OR NEGLIGENT ACT OR OMISSION BY AN ATHLETE     706          

AGENT IN THE COURSE OF SERVING AS AN ATHLETE AGENT, OR BY A        707          

REPRESENTATIVE OR EMPLOYEE OF AN ATHLETE AGENT WHEN THE            708          

REPRESENTATIVE OR EMPLOYEE ACTED WITHIN THE SCOPE OF THE           710          

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

FUNDS HELD ON DEPOSIT FOR AN ATHLETE AGENT TO PAY DEBTS OWED BY    712          

AN ATHLETE AGENT AS DESCRIBED IN THIS DIVISION PURSUANT TO A       713          

COURT OR ADMINISTRATIVE ORDER SPECIFYING THE OBLIGATION OF THE     714          

ATHLETE AGENT.                                                     715          

      (C)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT     718          

THE LIABILITY OF AN ATHLETE AGENT TO THE AMOUNT OF THE SURETY      719          

BOND, MALPRACTICE COVERAGE, OR OTHER SECURITY HELD ON DEPOSIT BY   720          

THE COMMISSION.                                                                 

      (D)  AN ATHLETE AGENT SHALL MAINTAIN THE SECURITY REQUIRED   722          

UNDER THIS SECTION.  IF AN ATHLETE AGENT FAILS TO MAINTAIN THE     724          

SECURITY AS REQUIRED UNDER THIS SECTION, THE COMMISSION SHALL      726          

SUSPEND THE REGISTRATION OF THE ATHLETE AGENT UNTIL THE ATHLETE    727          

AGENT PROVIDES EVIDENCE OF THE BOND, CERTIFICATE OF DEPOSIT,       728          

ASSIGNED SAVINGS ACCOUNT, OR PROFESSIONAL MALPRACTICE INSURANCE,   730          

AS REQUIRED UNDER THIS SECTION.                                                 

      (E)  THE LIABILITY OF THE SURETY ON A BOND DESCRIBED IN      734          

DIVISION (A) OF THIS SECTION SHALL NOT EXCEED THE SUM OF FIFTEEN   735          

THOUSAND DOLLARS IN THE AGGREGATE FOR ALL PERSONS WHO ARE INJURED  736          

BY ANY AND ALL VIOLATIONS OF THIS CHAPTER OR RULES ADOPTED UNDER   737          

THIS CHAPTER.                                                                   

      (F)  A SURETY MAY CANCEL A BOND DESCRIBED IN DIVISION (A)    739          

OF THIS SECTION AFTER MAILING A WRITTEN NOTICE TO THE ATHLETE      741          

AGENT AND THE COMMISSION STATING THAT THE BOND CANCELS SIXTY DAYS  742          

AFTER THAT NOTICE IS MAILED.  THE LIABILITY OF THE SURETY FOR      743          

ACTS OF THE ATHLETE AGENT CONTINUES DURING THAT SIXTY-DAY PERIOD.  744          

                                                          17     


                                                                 
THE CANCELLATION NOTICE DOES NOT ABSOLVE THE SURETY FROM           745          

LIABILITY THAT ACCRUES BEFORE THE CANCELLATION DATE BUT THAT IS    746          

DISCOVERED AFTER THAT DATE.                                                     

      (G)  THE COMMISSION SHALL RETURN THE SURETY BOND OR OTHER    748          

FORM OF SECURITY HELD BY THE COMMISSION UNDER THIS SECTION TO THE  749          

ATHLETE AGENT SUBMITTING THE BOND OR SECURITY, TWO YEARS AFTER     750          

THE PERSON CEASES TO SERVE AS AN ATHLETE AGENT IN THIS STATE.      751          

      Sec. 4771.12.  (A)  FEES CHARGED BY AN ATHLETE AGENT FOR     754          

SERVICES PROVIDED TO AN ATHLETE MAY BE NEGOTIATED BETWEEN THE      755          

PARTIES.                                                                        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS        757          

SECTION, AN ATHLETE AGENT SHALL ESTABLISH AN INTEREST-BEARING      759          

TRUST FUND OR SIMILAR ACCOUNT IN A DEPOSITORY APPROVED BY THE      760          

OHIO ATHLETIC COMMISSION TO BE USED FOR THE DEPOSIT OF ALL         761          

REVENUES RECEIVED ON BEHALF OF AN ATHLETE.  AN ATHLETE AGENT       762          

SHALL DEPOSIT ANY REVENUE RECEIVED ON BEHALF OF AN ATHLETE IN THE  763          

INTEREST-BEARING TRUST FUND OR ACCOUNT.  THE ATHLETE AGENT SHALL   764          

NOTIFY THE COMMISSION OF THE ADDRESS AND LOCATION OF THE TRUST     765          

FUND OR ACCOUNT AND THE DEPOSITORY IN WHICH IT IS LOCATED.         766          

      (2)  AN ATHLETE AGENT WHO IS AN ATTORNEY LICENSED TO         768          

PRACTICE LAW IN THIS STATE MAY DEPOSIT ANY REVENUE RECEIVED ON     769          

BEHALF OF AN ATHLETE IN A TRUST ACCOUNT ALREADY MAINTAINED BY THE  770          

AGENT ATTORNEY IN A FINANCIAL INSTITUTION IN THIS STATE FOR THE    771          

DEPOSIT OF REVENUE RECEIVED ON BEHALF OF CLIENTS.                  772          

      (C)  NO ATHLETE AGENT SHALL SHARE FEES WITH ANY PERSON       775          

OTHER THAN AN EMPLOYEE OF THE ATHLETE AGENT.  IF AN ATHLETE AGENT  776          

SHARES A FEE WITH AN EMPLOYEE, THE ATHLETE AGENT SHALL OBTAIN      777          

WRITTEN CONSENT FROM THE ATHLETE PRIOR TO ENTERING A FEE           778          

AGREEMENT WITH THE ATHLETE.  NO ATHLETE AGENT SHALL ENTER FEE      779          

AGREEMENTS THAT ARE PROHIBITED UNDER THIS CHAPTER.                 780          

      (D)  IF AN ATHLETE AGENT COLLECTS A FEE OR EXPENSE FROM AN   783          

ATHLETE AS CONSIDERATION FOR OBTAINING EMPLOYMENT FOR THE          784          

ATHLETE, AND THE ATHLETE AGENT FAILS TO PROCURE SUCH EMPLOYMENT,   785          

THE AGENT SHALL RETAIN ONLY THE FOLLOWING PORTION OF THE FEE OR    786          

                                                          18     


                                                                 
EXPENSE:                                                                        

      (1)  THE COST OF REASONABLE EXPENSES INCURRED BY THE         788          

ATHLETE AGENT DURING THE COURSE OF REPRESENTING THE ATHLETE IN     789          

EFFORTS TO OBTAIN EMPLOYMENT FOR THE ATHLETE;                      790          

      (2)  A NEGOTIATED FEE IN CONNECTION WITH INSTANCES WHERE     792          

THE ATHLETE RECEIVES A BONUS OR SOME COMPENSATION FOR SIGNING A    794          

PROFESSIONAL SPORTS SERVICES CONTRACT.                                          

      (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT     797          

THE AUTHORITY OF THE OHIO SUPREME COURT TO ESTABLISH OR REGULATE   798          

FEES FOR ACTIVITIES CONSIDERED TO BE THE PRACTICE OF LAW.          799          

      Sec. 4771.13.  NO ATHLETE AGENT SHALL ACT ON BEHALF OF AN    802          

ATHLETE AS A "DEALER" OR "INVESTMENT ADVISOR," AS DEFINED IN       803          

SECTION 1707.01 OF THE REVISED CODE, UNLESS THE ATHLETE AGENT      805          

COMPLIES WITH CHAPTER 1707. OF THE REVISED CODE.                   809          

      AN ATHLETE AGENT SHALL DISCLOSE TO AN ATHLETE AND THE OHIO   812          

ATHLETIC COMMISSION ANY OWNERSHIP INTEREST THE ATHLETE AGENT HAS   813          

IN AN ENTITY REFERRED TO BY THE ATHLETE AGENT IN ADVISING THE      814          

ATHLETE CONCERNING INVESTMENTS.  AN ATHLETE AGENT SHALL DISCLOSE   815          

ANY COMMISSIONS OR FEES THE ATHLETE AGENT MAY RECEIVE AS A RESULT  816          

OF AN INVESTMENT DECISION MADE BY AN ATHLETE IN RESPONSE TO        817          

INVESTMENT ADVICE FROM THE ATHLETE AGENT.                          818          

      Sec. 4771.14.  (A)  AN ATHLETE AGENT SHALL MAINTAIN ALL OF   821          

THE FOLLOWING RECORDS:                                                          

      (1)  THE NAME AND ADDRESS OF EACH ATHLETE FOR WHOM THE       823          

ATHLETE AGENT PERFORMS SERVICES AS AN ATHLETE AGENT IN EXCHANGE    824          

FOR COMPENSATION;                                                  825          

      (2)  THE AMOUNT OF FEES OR COMPENSATION RECEIVED FOR THE     827          

PERFORMANCE OF SERVICES FOR EACH ATHLETE;                          828          

      (3)  A COPY OF THE CONTRACT ENTERED INTO BETWEEN THE         830          

ATHLETE AGENT AND EACH ATHLETE;                                    831          

      (4)  ANY OTHER INFORMATION THE OHIO ATHLETIC COMMISSION      833          

FINDS APPROPRIATE IN CONNECTION WITH THE PROVISION OF SERVICES BY  835          

AN ATHLETE AGENT.                                                  836          

      (B)  AN ATHLETE AGENT SHALL MAINTAIN ALL RECORDS REQUIRED    839          

                                                          19     


                                                                 
TO BE MAINTAINED PURSUANT TO THIS SECTION, IN A MANNER THAT THE    840          

COMMISSION SHALL PRESCRIBE, FOR A PERIOD OF FIVE YEARS.            841          

      (C)  NO ATHLETE AGENT OR EMPLOYEE OR REPRESENTATIVE OF AN    844          

ATHLETE AGENT SHALL MAKE, OR CAUSE TO BE MADE, ANY FALSE RECORDS   845          

OR RECORDS CONTAINING FALSE INFORMATION.                           846          

      (D)  ALL FINANCIAL RECORDS, FINANCIAL BOOKS, AND OTHER       849          

RECORDS NOT SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE THAT ARE      850          

REQUIRED TO BE MAINTAINED PURSUANT TO THIS CHAPTER SHALL BE OPEN   851          

TO INSPECTION BY THE COMMISSION AND ITS REPRESENTATIVES, UPON      852          

REASONABLE NOTICE, AT THE PLEASURE OF THE COMMISSION.              853          

      Sec. 4771.15.  AN ATHLETE AGENT MAY ENGAGE IN THE FOLLOWING  856          

CONDUCT:                                                                        

      (A)  PROVIDE OR SEND WRITTEN MATERIALS TO AN ATHLETE IF THE  859          

ATHLETE AGENT SIMULTANEOUSLY SUBMITS AN IDENTICAL COPY OF THE      860          

MATERIALS TO THE ATHLETIC DIRECTOR OR THE DIRECTOR'S DESIGNEE, OR  861          

PERSON OF SIMILAR POSITION, AT THE EDUCATIONAL INSTITUTION OR      863          

INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED,  864          

OR TO THE INSTITUTION OF HIGHER EDUCATION TO WHICH THE ATHLETE     866          

PROVIDED A WRITTEN NOTICE OF INTENT TO PARTICIPATE IN                           

INTERCOLLEGIATE ATHLETICS;                                         867          

      (B)  CONTACT AN ATHLETE AFTER AN ATHLETE INITIATES CONTACT   870          

WITH AN ATHLETE AGENT, PROVIDED THAT THE ATHLETE AGENT PROVIDES    871          

NOTICE, IN ACCORDANCE WITH THIS CHAPTER, TO THE EDUCATIONAL        872          

INSTITUTION OR THE INSTITUTION OF HIGHER EDUCATION IN WHICH THE    874          

ATHLETE IS ENROLLED, OR THE INSTITUTION OF HIGHER EDUCATION TO                  

WHICH THE ATHLETE HAS PROVIDED A WRITTEN NOTICE OF INTENT TO       876          

PARTICIPATE IN INTERCOLLEGIATE ATHLETICS;                          877          

      (C)  PARTICIPATE IN EDUCATIONAL PROGRAMS SPONSORED BY AN     880          

INSTITUTION OF HIGHER EDUCATION OR A PROFESSIONAL SPORTS           881          

COUNSELING PANEL AT AN INSTITUTION OF HIGHER EDUCATION.            882          

      Sec. 4771.16.  NO ATHLETE AGENT SHALL PUBLISH OR CAUSE TO    885          

BE PUBLISHED ANY FALSE, FRAUDULENT, OR MISLEADING NOTICE,                       

ADVERTISEMENT, OR INFORMATION WITH KNOWLEDGE THAT IT IS FALSE,     886          

FRAUDULENT, OR MISLEADING.  ALL ADVERTISEMENTS OF AN ATHLETE       887          

                                                          20     


                                                                 
AGENT SHALL CONTAIN THE NAME AND REGISTERED BUSINESS ADDRESS OF    888          

THE ATHLETE AGENT AND SOME INDICATION THAT THE ATHLETE AGENT IS    889          

REGISTERED WITH THE OHIO ATHLETIC COMMISSION.                      890          

      AS USED IN THIS SECTION, "ADVERTISEMENT" INCLUDES            893          

CIRCULARS, SIGNS, NEWSPAPER OR MAGAZINE PUBLICATIONS, OR OTHER     894          

ORAL OR WRITTEN COMMUNICATION THAT NAMES THE ATHLETE AGENT IN      895          

CONNECTION WITH THE PROVISION OF SERVICES AS AN ATHLETE AGENT.     896          

      Sec. 4771.17.  NO ATHLETE AGENT SHALL DO ANY OF THE          898          

FOLLOWING:                                                         899          

      (A)  PROVIDE FALSE INFORMATION OR MAKE FALSE PROMISES OR     902          

REPRESENTATIONS CONCERNING THE EMPLOYMENT OF AN ATHLETE;           903          

      (B)  ENGAGE IN ANY CONDUCT THAT DEMONSTRATES BAD FAITH OR    906          

DISHONESTY IN CONNECTION WITH THE PERFORMANCE OF SERVICES AS AN    907          

ATHLETE AGENT;                                                                  

      (C)  COMMINGLE MONEY OR PROPERTY OF AN ATHLETE WITH THE      910          

AGENT'S OWN MONEY OR PROPERTY;                                                  

      (D)  OFFER ANYTHING OF VALUE TO A PERSON IN ORDER TO INDUCE  913          

AN ATHLETE TO ENTER INTO AN AGREEMENT PURSUANT TO WHICH THE        914          

ATHLETE AGENT REPRESENTS THE INTERESTS OF THE ATHLETE;             915          

      (E)  ENGAGE IN RECKLESS OR INTENTIONAL MISMANAGEMENT OR      918          

MISCONDUCT AS AN ATHLETE AGENT WHERE SUCH CONDUCT RESULTS IN       919          

FINANCIAL HARM TO AN ATHLETE OR AN EDUCATIONAL INSTITUTION OR      920          

INSTITUTION OF HIGHER EDUCATION;                                                

      (F)  VIOLATE THE RULES OF THE ATHLETIC CONFERENCE OR         923          

COLLEGIATE ATHLETIC ASSOCIATION GOVERNING AN ATHLETE OR THE        924          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN      925          

WHICH AN ATHLETE IS ENROLLED WHEN THE VIOLATION MAY AFFECT THE     926          

ELIGIBILITY OF THE ATHLETE TO PARTICIPATE IN ATHLETIC COMPETITION  928          

OR OTHERWISE PENALIZE THE EDUCATIONAL INSTITUTION OR INSTITUTION   929          

OF HIGHER EDUCATION;                                               930          

      (G)  AID OR ABET ANOTHER IN CONDUCT THAT VIOLATES THE RULES  933          

OF THE ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION      934          

GOVERNING AN ATHLETE OR THE EDUCATIONAL INSTITUTION OR             935          

INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED,  937          

                                                          21     


                                                                 
WHEN THE VIOLATION RESULTS IN THE INELIGIBILITY OF THE ATHLETE TO  938          

PARTICIPATE IN ATHLETIC COMPETITION OR OTHERWISE PENALIZES THE     939          

EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;        941          

      (H)  MAKE ANY CONTACT WITH AN ATHLETE THAT IS PROHIBITED     944          

UNDER THIS CHAPTER, OTHER STATE OR FEDERAL LAW, OR THE RULES OF    945          

ANY ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION;        946          

      (I)  POST-DATE AN AGENT OR PROFESSIONAL SPORTS SERVICES      949          

CONTRACT;                                                                       

      (J)  LOAN OR ADVANCE MONEY TO AN ATHLETE OR THE FAMILY OR    952          

FRIENDS OF AN ATHLETE IN CONNECTION WITH THE RECRUITMENT OR        953          

SOLICITATION OF THE ATHLETE;                                       954          

      (K)  PROVIDE TRANSPORTATION, MATERIAL GOODS, OR ANY OTHER    957          

SERVICES TO AN ATHLETE, OR FAMILY OR FRIENDS OF AN ATHLETE, IN     958          

CONNECTION WITH THE RECRUITMENT OR SOLICITATION OF AN ATHLETE;     959          

      (L)  PUBLISH OR CAUSE TO BE PUBLISHED ANY FALSE OR           961          

MISLEADING INFORMATION OR ADVERTISEMENTS CONCERNING THE ATHLETE    962          

AGENT, AN ATHLETE, OR THE PROVISION OF SERVICES BY AN ATHLETE      963          

AGENT.                                                             964          

      Sec. 4771.18.  (A)  THE OHIO ATHLETIC COMMISSION MAY REFUSE  967          

TO GRANT OR RENEW A REGISTRATION, OR MAY SUSPEND OR REVOKE A       969          

REGISTRATION OF AN ATHLETE AGENT UPON PROOF SATISFACTORY TO THE    970          

COMMISSION THAT THE ATHLETE AGENT OR AN EMPLOYEE OR                971          

REPRESENTATIVE OF THE ATHLETE AGENT HAS DONE ANY OF THE            972          

FOLLOWING:                                                                      

      (1)  MADE FALSE OR MISLEADING STATEMENTS OF A MATERIAL       974          

NATURE IN AN APPLICATION FOR REGISTRATION AS AN ATHLETE AGENT;     976          

      (2)  BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE IN    978          

CONNECTION WITH THE PERSON'S SERVICE AS AN ATHLETE AGENT IN THIS   980          

OR ANOTHER STATE;                                                               

      (3)  BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE       982          

INVOLVING ILLEGAL GAMBLING;                                        983          

      (4)  ENGAGED IN CONDUCT THAT HAS A SIGNIFICANT ADVERSE       986          

IMPACT ON THE APPLICANT'S CREDIBILITY, INTEGRITY, OR COMPETENCE    987          

TO SERVE IN A FIDUCIARY CAPACITY;                                  988          

                                                          22     


                                                                 
      (5)  MISAPPROPRIATED FUNDS OR ENGAGED IN OTHER SPECIFIC      990          

CONDUCT THAT WOULD RENDER THE APPLICANT UNFIT TO SERVE IN A        992          

FIDUCIARY CAPACITY, INCLUDING BEING CONVICTED OF OR PLEADING       993          

GUILTY TO OFFENSES INVOLVING EMBEZZLEMENT, THEFT, OR FRAUD;        994          

      (6)  VIOLATED A PROVISION OF THIS CHAPTER OR A RULE ADOPTED  997          

UNDER THIS CHAPTER.                                                             

      (B)  UPON RECEIVING A COMPLAINT OF A VIOLATION OF THIS       1,000        

CHAPTER OR A RULE ADOPTED UNDER IT, THE COMMISSION SHALL CONDUCT   1,001        

AN INVESTIGATION OF THE COMPLAINT.  IF THE COMMISSION FINDS        1,002        

REASONABLE CAUSE TO BELIEVE A VIOLATION OCCURRED, THE COMMISSION   1,003        

SHALL CONDUCT A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE     1,005        

REVISED CODE TO DETERMINE IF A VIOLATION OCCURRED.  IF THE         1,007        

COMMISSION FINDS A VIOLATION OCCURRED, THE COMMISSION MAY SUSPEND  1,008        

OR REVOKE, OR REFUSE TO ISSUE OR RENEW, THE REGISTRATION OF AN     1,009        

ATHLETE AGENT FOR SUCH PERIOD OF TIME AS THE COMMISSION FINDS      1,010        

APPROPRIATE.                                                       1,011        

      UPON COMPLETION OF AN INVESTIGATION, IF THE COMMISSION       1,013        

FINDS NO REASONABLE GROUNDS TO BELIEVE A VIOLATION OCCURRED, THE   1,014        

COMMISSION SHALL CERTIFY WITHOUT A HEARING THAT NO VIOLATION       1,015        

OCCURRED.  THE COMMISSION SHALL SERVE THE CERTIFICATION ON ALL     1,016        

PARTIES ADDRESSED IN THE COMPLAINT BY CERTIFIED MAIL, RETURN       1,018        

RECEIPT REQUESTED.  THE CERTIFICATION SHALL BE CONSIDERED A FINAL  1,019        

RESOLUTION OF THE MATTER IF NO OBJECTION TO THE CERTIFICATION IS   1,020        

FILED.  A PARTY INVOLVED IN THE COMPLAINT MAY FILE AN OBJECTION    1,021        

TO THE CERTIFICATION WITH THE COMMISSION WITHIN TEN DAYS AFTER     1,022        

THE DATE THE CERTIFICATION IS MAILED.  IF A PARTY FILES AN         1,023        

OBJECTION TO THE CERTIFICATION WITHIN THE PRESCRIBED PERIOD, THE   1,024        

COMMISSION, WITHIN ITS DISCRETION, MAY CONDUCT A HEARING IN        1,025        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF   1,028        

A VIOLATION OCCURRED.                                              1,029        

      Sec. 4771.19.  A PERSON WHO IS INJURED BY A VIOLATION OF     1,032        

THIS CHAPTER MAY INITIATE A CIVIL ACTION FOR LEGAL AND EQUITABLE   1,033        

RELIEF AGAINST AN ATHLETE AGENT IN A COURT HAVING JURISDICTION     1,034        

OVER THE MATTER.  THE PLAINTIFF ALSO MAY NAME THE SURETY, THE      1,035        

                                                          23     


                                                                 
NAMED HOLDER OF ANY SECURITY REQUIRED OF AN ATHLETE AGENT UNDER    1,036        

THIS CHAPTER, OR THE CARRIER OF MALPRACTICE INSURANCE FOR AN       1,037        

ATHLETE AGENT AS ADDITIONAL PARTIES TO THE ACTION.  THIS CAUSE OF  1,038        

ACTION MAY BE TRANSFERRED OR ASSIGNED IN THE SAME MANNER AS        1,039        

PRESCRIBED FOR CIVIL ACTIONS UNDER OHIO LAW.  THE AMOUNT OF        1,040        

DAMAGES CLAIMED BY THE PLAINTIFF, AND NOT THE AMOUNT OF BOND,      1,041        

SECURITY, OR INSURANCE HELD IN THE NAME OF AN ATHLETE AGENT,       1,042        

DETERMINES THE JURISDICTION OF THE COURT IN WHICH THE ACTION IS    1,043        

BROUGHT.  IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT    1,045        

SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY.    1,046        

      Sec. 4771.20.  (A)  AN INSTITUTION OF HIGHER EDUCATION MAY   1,049        

BRING A CIVIL ACTION AGAINST AN ATHLETE AGENT WHO VIOLATES THIS    1,050        

CHAPTER FOR COMPENSATORY DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES,   1,051        

AND EQUITABLE RELIEF AS THE COURT FINDS APPROPRIATE.  A COURT MAY  1,053        

GRANT EQUITABLE RELIEF TO A PLAINTIFF UNDER THIS SECTION TO        1,054        

PREVENT HARM THAT COULD RESULT FROM THE ACTS OR OMISSIONS OF AN    1,056        

ATHLETE OR ATHLETE AGENT IF THE COURT FINDS A REASONABLE                        

LIKELIHOOD THAT A VIOLATION OCCURRED.                              1,057        

      (B)  FOR PURPOSES OF THIS SECTION, AN INSTITUTION OF HIGHER  1,060        

EDUCATION SUFFERS HARM WHEN, AS THE RESULT OF THE ACTS OF AN       1,061        

ATHLETE AGENT OR AN ATHLETE, BOTH OF THE FOLLOWING OCCUR:          1,062        

      (1)  THE INSTITUTION OR AN ATHLETE ENROLLED AT THE           1,064        

INSTITUTION IS PENALIZED OR IS DECLARED INELIGIBLE TO COMPETE IN   1,066        

INTERCOLLEGIATE ATHLETICS BY A NATIONAL ASSOCIATION THAT PROMOTES  1,067        

OR REGULATES INTERCOLLEGIATE ATHLETICS OR BY AN INTERCOLLEGIATE    1,068        

ATHLETIC CONFERENCE.                                                            

      (2)  AS A RESULT OF THE PENALTY OR DECLARATION OF            1,070        

INELIGIBILITY, THE INSTITUTION OF HIGHER EDUCATION EXPERIENCES     1,071        

ANY OF THE FOLLOWING:                                              1,072        

      (a)  A LOSS OF THE ABILITY TO GRANT AN ATHLETIC              1,074        

SCHOLARSHIP;                                                                    

      (b)  A LOSS OF THE ABILITY TO RECRUIT AN ATHLETE;            1,076        

      (c)  A LOSS OF ELIGIBILITY TO PARTICIPATE IN                 1,078        

INTERCOLLEGIATE COMPETITION;                                       1,079        

                                                          24     


                                                                 
      (d)  A LOSS OF ELIGIBILITY TO PARTICIPATE IN POST-SEASON     1,081        

ATHLETIC COMPETITION;                                              1,082        

      (e)  A FORFEITURE OF ANY ATHLETIC CONTEST;                   1,084        

      (f)  AN ADVERSE FINANCIAL IMPACT INCLUDING, BUT NOT LIMITED  1,086        

TO, LOST REVENUE FROM MEDIA COVERAGE OF ATHLETIC COMPETITION OR    1,087        

LOST TICKET SALES.                                                 1,088        

      (C)  AN INSTITUTION OF HIGHER EDUCATION THAT PREVAILS IN AN  1,091        

ACTION BROUGHT UNDER THIS SECTION MAY RECOVER COMPENSATORY AND     1,092        

PUNITIVE OR EXEMPLARY DAMAGES.  A COURT ALSO MAY AWARD COURT       1,094        

COSTS AND REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.    1,095        

      (D)  IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT   1,097        

SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY.    1,098        

      Sec. 4771.21.  ANY PERSON WHO CONDUCTS BUSINESS IN THIS      1,100        

STATE AS AN ATHLETE AGENT CONSENTS TO THE JURISDICTION OF THE      1,102        

COURTS OF THIS STATE, WHETHER OR NOT THE PERSON IS REGISTERED AS   1,103        

AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.                1,104        

      IF AN ATHLETE AGENT CONDUCTS BUSINESS IN THIS STATE AND      1,106        

THEREAFTER LEAVES THIS STATE WITH INTENT TO DEFRAUD CREDITORS OR   1,108        

TO AVOID SERVICE OF PROCESS IN AN ACTION BROUGHT UNDER THIS        1,110        

CHAPTER, THE ATHLETE AGENT THEREBY MAKES THE SECRETARY OF STATE    1,111        

OF THE STATE OF OHIO THE AGENT OF THE ATHLETE AGENT FOR PURPOSES   1,113        

OF SERVICE OF PROCESS IN ANY CIVIL ACTION OR PROCEEDING            1,114        

INSTITUTED IN THE COURTS OF THIS STATE AGAINST THE ATHLETE AGENT   1,115        

ARISING OUT OF, OR BY REASON OF, THE ATHLETE AGENT'S CONDUCT       1,116        

WITHIN THIS STATE.  THIS APPOINTMENT IS IRREVOCABLE.               1,117        

      THE PROCESS SHALL BE SERVED BY THE OFFICER TO WHOM THE       1,119        

PROCESS IS DIRECTED OR BY THE SHERIFF OF FRANKLIN COUNTY.  THE     1,121        

PROCESS SHALL BE SERVED AS FOLLOWS:                                             

      (A)  UPON THE SECRETARY OF STATE BY LEAVING THE PROCESS AND  1,123        

A TRUE AND ATTESTED COPY OF THE PROCESS AT THE OFFICE OF THE       1,125        

SECRETARY OF STATE, AT LEAST FIFTEEN DAYS BEFORE THE RETURN DAY    1,126        

OF THE PROCESS; AND                                                1,127        

      (B)  BY SENDING TO THE DEFENDANT, AT THE DEFENDANT'S LAST    1,129        

KNOWN ADDRESS, BY REGISTERED MAIL, POSTAGE PREPAID, A LIKE TRUE    1,131        

                                                          25     


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

PROCESS OF THE SERVICE UPON THE SECRETARY OF STATE.  THE           1,133        

REGISTERED MAIL RETURN RECEIPT OF THE DEFENDANT SHALL BE ATTACHED  1,134        

TO AND MADE A PART OF THE RETURN OF SERVICE OF THE PROCESS.        1,135        

      Sec. 4771.99.  (A)  Whoever violates section 4771.02         1,144        

4771.06 OR DIVISION (J) OR (K) OF SECTION 4771.17 of the Revised   1,146        

Code is guilty of a misdemeanor of the first degree.               1,147        

      (B)  AN ATHLETE AGENT WHO VIOLATES DIVISION (C) OF SECTION   1,150        

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

FIRST DEGREE.                                                                   

      Section 2.  That existing sections 3773.33, 3773.34,         1,152        

3773.56, 4771.01, 4771.02, 4771.04, and 4771.99 and sections       1,153        

4771.05 and 4771.06 of the Revised Code are hereby repealed.       1,154        

      Section 3.  Notwithstanding section 3773.33 of the Revised   1,156        

Code, as amended by this act, the member of the Ohio Athletic      1,157        

Commission who is knowledgeable and experienced in college         1,158        

athletics shall be appointed to serve a three-year term beginning  1,159        

upon the expiration of the term of the member of the Commission    1,160        

whose term expires on the earliest date after the effective date   1,161        

of this act.  The member who is knowledgeable and experienced in   1,162        

high school athletics shall be appointed to serve a three-year     1,163        

term beginning on the expiration of the term of the member of the  1,165        

Commission whose term expires second in time after the effective   1,166        

date of this act.  The member who is knowledgeable and                          

experienced in professional athletics shall be appointed to serve  1,167        

a three-year term beginning on the expiration of the term of the   1,168        

member of the Commission whose term expires third in time after    1,169        

the effective date of this act.  Thereafter, members shall be      1,170        

appointed to and serve on the Commission in accordance with        1,171        

section 3773.33 of the Revised Code.                               1,172