98RS HB703


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HB 703/FN (BR 1983) - B. DeWeese, S. Cave, L. Clark, R. Damron, A. Maricle, R. Palumbo

     AN ACT relating to regulation of athlete agents.
     Create new sections of KRS Chapter 164 to require the registration and regulation of athlete agents; define terms; create the Kentucky Athlete Agent Regulatory Commission with 13 members composed of the athletic directors or their designees of the 8 state universities, the president of the Kentucky Community and Technical College System or his or her designee, and a representative of a private college or university, a representative of the Kentucky High School Athletic Association, and 2 public members (one a former student athlete) appointed by the Governor; establish terms and conditions of office and compensation of members; enumerate the powers and duties of the commission; assign the commission to the Kentucky Council on Postsecondary Education for staff services and logistical support; create a revolving fund for financing the operation of the commission; provide for financing with registration fees and fines with the state universities to be assessed for any difference between what is raised from fees and fines and actual operating costs; require all athlete agents to register with the commission, to pay a registration fee not to exceed $300, and to submit evidence of a surety bond, malpractice insurance, or assigned deposits of $100,000; deny registration to any person convicted of relevant crimes within the last 10 years or any person who has had registration, certification, or licensure denied or revoked by another state; list prohibited acts; require athlete agents to use approved contracts with specified disclaimers; require written notification to the school of any contract entered into by a student athlete; grant a student athlete a period of 15 days within which to rescind a contract; require a student athlete to notify the school within 72 hours of negotiating or signing a contract; require at least 70 hours of community service for failure to comply; make the athlete agent and the student athlete liable for any damages a school incurs when a school is sanctioned as a result of the ineligibility of the student athlete; direct the commission to investigate complaints and take appropriate disciplinary action with the type of action to be based on the nature, severity, and frequency of the offense; provide for appeal of actions and a 13B hearing; and establish criminal penalties for violation of certain provisions of the Act.


     HCS/FN - Reassign the administrative responsibility for the operation of the Kentucky Athlete Agent Regulatory Commission from the Kentucky Council on Postsecondary Education to the Division of Occupations and Professions; require the member institutions on the commission to provide investigative and legal services upon request of the commission; delete the representative of the Kentucky Community and Technical College System from membership on the commission; delete provision for payment of expenses for state university members; require annual renewal for athlete agent registration; amend KRS 518.080 to conform; repeal KRS 518.080; and retain all other provision of HB 703.
     SCS/FN - Delete all provisions establishing a commission to register and regulate athlete agents; assign the responsibility for registering athlete agents to the Division of Occupations and Professions; require annual renewal of registration; clarify and make technical revisions in the section dealing with prohibited activities; direct the division to refer a complaint to the affected college or university for review, investigation, and recommendation for disciplinary action; require the affected college or university to present the case in support of a disciplinary action if it is appealed; retain all other provisions of HB 703/GA.

     Feb 24-introduced in House
     Feb 25-to Licensing and Occupations (H)
     Feb 27-posted in committee
     Mar 4-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 5-2nd reading, to Rules
     Mar 9-posted for passage in the Regular Orders of the Day for March 10, 1998
     Mar 10-3rd reading, passed 84-0 with Committee Substitute
     Mar 11-received in Senate
     Mar 12-to Licensing and Occupations (S)
     Mar 24-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Mar 25-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for March 26, 1998
     Mar 26-3rd reading, passed 36-0 with Committee Substitute; received in House; posted for passage for concurrence in Senate amendment
     Mar 31-House concurred in Senate Committee Substitute; passed 91-0
     Apr 1-enrolled, signed by each presiding officer, delivered to Governor
     Apr 2-signed by Governor

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