MR. PRESIDENT:
The Senate Committee on Judiciary, to which was referred Senate Bill No. 171, has had the
same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 4-6-2-1.3; (01)CR017102.1. -->
SECTION 1.
IC 4-6-2-1.3
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 1.3. The attorney general shall perform all functions,
duties, and responsibilities necessary to regulate athlete agents
under IC 25-5.2.
SOURCE: IC 4-21.5-3-4; (01)CR017102.2. -->
SECTION 2.
IC 4-21.5-3-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) Notice must be
given under this section concerning the following:
(1) The grant, renewal, restoration, transfer, or denial of a license
by the bureau of motor vehicles under IC 9.
(2) The grant, renewal, restoration, transfer, or denial of a
noncommercial fishing or hunting license by the department of
natural resources under IC 14.
(3) The grant, renewal, restoration, transfer, or denial of a license
by a board described in
IC 25-1-8-1.
(4) The grant, renewal, suspension, revocation, or denial of a
certificate of registration under IC 25-5.2.
( 5) A personnel decision by an agency.
(5) (6) The grant, renewal, restoration, transfer, or denial of a
license by the department of environmental management or the
commissioner of the department under the following:
(A) Environmental management laws (as defined in
IC 13-11-2-71
) for the construction, installation, or
modification of:
(i) sewers and appurtenant facilities, devices, or structures
for the collection and transport of sewage (as defined in
IC 13-11-2-200
) or storm water to a storage or treatment
facility or to a point of discharge into the environment; or
(ii) pipes, pumps, and appurtenant facilities, devices, or
structures that are part of a public water supply (as defined
in
IC 13-11-2-177
) and that are used to transport water to a
storage or treatment facility or to distribute water to the
users of the public water supply;
where a federal, state, or local governmental body has given or
will give public notice and has provided or will provide an
opportunity for public participation concerning the activity
that is the subject of the license.
(B) Environmental management laws (as defined in
IC 13-11-2-71
) for the registration of a device or a piece of
equipment.
(C)
IC 13-17-6-1
for a person to engage in the inspection,
management, and abatement of asbestos containing material.
(D)
IC 13-18-11
for a person to operate a wastewater treatment
plant.
(E)
IC 13-15-10
for a person to operate the following:
(i) A solid waste incinerator or a waste to energy facility.
(ii) A land disposal site.
(iii) A facility described under
IC 13-15-1-3
whose
operation could have an adverse impact on the environment
if not operated properly.
(F)
IC 13-20-4
for a person to operate a municipal waste
collection and transportation vehicle.
(b) When an agency issues an order described by subsection (a), the
agency shall give a written notice of the order to the following persons:
(1) Each person to whom the order is specifically directed.
(2) Each person to whom a law requires notice to be given.
A person who is entitled to notice under this subsection is not a party
to any proceeding resulting from the grant of a petition for review
under section 7 of this chapter unless the person is designated as a
party on the record of the proceeding.
(c) The notice must include the following:
(1) A brief description of the order.
(2) A brief explanation of the available procedures and the time
limit for seeking administrative review of the order under section
7 of this chapter.
(3) Any information required by law.
(d) An order under this section is effective when it is served.
However, if a timely and sufficient application has been made for
renewal of a license described by subsection (a)(3) and review is
granted under section 7 of this chapter, the existing license does not
expire until the agency has disposed of the proceeding under this
chapter concerning the renewal, unless a statute other than this article
provides otherwise. This subsection does not preclude an agency from
issuing under
IC 4-21.5-4
an emergency or other temporary order with
respect to the license.
(e) If a petition for review of an order described in subsection (a) is
filed within the period set by section 7 of this chapter and a petition for
stay of effectiveness of the order is filed by a party or another person
who has a pending petition for intervention in the proceeding, an
administrative law judge shall, as soon as practicable, conduct a
preliminary hearing to determine whether the order should be stayed in
whole or in part. The burden of proof in the preliminary hearing is on
the person seeking the stay. The administrative law judge may stay the
order in whole or in part. The order concerning the stay may be issued
after an order described in subsection (a) becomes effective. The
resulting order concerning the stay shall be served on the parties and
any person who has a pending petition for intervention in the
proceeding. It must include a statement of the facts and law on which
it is based.
SOURCE: IC 25-1-2-2.1; (01)CR017102.3. -->
SECTION 3.
IC 25-1-2-2.1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2.1. Rather than being
issued annually, the following permits, licenses, certificates of
registration, or evidences of authority granted by a state agency must
be issued for a period of two (2) years or for the period specified in the
article under which the permit, license, certificate of registration, or
evidence of authority is issued if the period specified in the article is
longer than two (2) years:
(1) Certified public accountants, public accountants, and account
ing practitioners.
(2) Architects and landscape architects.
(3) Dry cleaners.
(4) Professional engineers.
(5) Land surveyors.
(6) Real estate brokers.
(7) Real estate agents.
(8) Security dealers' licenses issued by the securities
commissioner.
(9) Dental hygienists.
(10) Dentists.
(11) Veterinarians.
(12) Physicians.
(13) Chiropractors.
(14) Physical therapists.
(15) Optometrists.
(16) Pharmacists and assistants, drugstores or pharmacies.
(17) Motels and mobile home park licenses.
(18) Nurses.
(19) Podiatrists.
(20) Occupational therapists and occupational therapy assistants.
(21) Respiratory care practitioners.
(22) Social workers, marriage and family therapists, and mental
health counselors.
(23) Real estate appraiser licenses and certificates issued by the
real estate appraiser licensure and certification board.
(24) Wholesale legend drug distributors.
(25) Physician assistants.
(26) Dietitians.
(27) Hypnotists.
(28) Athlete agents.
SOURCE: IC 25-1-2-6; (01)CR017102.4. -->
SECTION 4.
IC 25-1-2-6
, AS AMENDED BY P.L.82-2000,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 6. (a) As used in this section, "license" includes
all occupational and professional licenses, registrations, permits, and
certificates issued under the Indiana Code, and "licensee" includes all
occupational and professional licensees, registrants, permittees, and
certificate holders regulated under the Indiana Code.
(b) This section applies to the following entities that regulate
occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(5) State board of barber examiners.
(6) State board of cosmetology examiners.
(7) Medical licensing board of Indiana.
(8) Secretary of state.
(9) State board of dentistry.
(10) State board of funeral and cemetery service.
(11) Worker's compensation board of Indiana.
(12) Indiana state board of health facility administrators.
(13) Committee of hearing aid dealer examiners.
(14) Indiana state board of nursing.
(15) Indiana optometry board.
(16) Indiana board of pharmacy.
(17) Indiana plumbing commission.
(18) Board of podiatric medicine.
(19) Private detectives licensing board.
(20) State board of registration for professional engineers.
(21) Board of environmental health specialists.
(22) State psychology board.
(23) Indiana real estate commission.
(24) Speech-language pathology and audiology board.
(25) Department of natural resources.
(26) State boxing commission.
(27) Board of chiropractic examiners.
(28) Mining board.
(29) Indiana board of veterinary medical examiners.
(30) State department of health.
(31) Indiana physical therapy committee.
(32) Respiratory care committee.
(33) Occupational therapy committee.
agency contract. The term includes an individual who
represents to the public that the individual is an athlete agent.
The term does not include a spouse, parent, sibling,
grandparent, or guardian of the student athlete or an
individual acting solely on behalf of a professional sports team
or professional sports organization.
(4) "Athletic director" means an individual responsible for
administering the overall athletic program of an educational
institution or, if an educational institution has separately
administered athletic programs for male students and female
students, the athletic program for males or the athletic
program for females, as appropriate.
(5) "Contact" means a communication, direct or indirect,
between an athlete agent and a student athlete, to recruit or
solicit the student athlete to enter into an agency contract.
(6) "Endorsement contract" means an agreement under
which a student athlete is employed or receives consideration
to use on behalf of the other party any value that the student
athlete may have because of publicity, reputation, following,
or fame obtained because of athletic ability or performance.
The term includes the value of any part of the student
athlete's right of publicity (as defined in
IC 32-13-1-7
).
(7) "Intercollegiate sport" means a sport played at the
collegiate level for which eligibility requirements for
participation by a student athlete are established by a national
association for the promotion or regulation of collegiate
athletics.
(8) "Person" means an individual, a corporation, a business
trust, an estate, a trust, a partnership, a limited liability
company, an association, a joint venture, a government, a
governmental subdivision, an agency, or an instrumentality,
a public corporation, or any other legal or commercial entity.
(9) "Professional sports services contract" means an
agreement under which an individual is employed, or agrees
to render services, as a player on a professional sports team,
with a professional sports organization, or as a professional
athlete.
(10) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(11) "Registration" means registration as an athlete agent
under this article.
(12) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or
any territory or insular possession subject to the jurisdiction
of the United States.
(13) "Student athlete" means an individual who engages in, is
eligible to engage in, or may be eligible in the future to engage
in any intercollegiate sport. If an individual is permanently
ineligible to participate in a particular intercollegiate sport,
the individual is not a student athlete for purposes of that
sport.
Chapter 2. Athlete Agent Registration
Sec. 1. (a) By acting as an athlete agent in Indiana, a nonresident
individual appoints the attorney general as the individual's agent
for service of process in any civil action in Indiana related to the
individual's acting as an athlete agent in Indiana.
(b) The attorney general may issue subpoenas for any material
that is relevant to the administration of this article.
Sec. 2. (a) Except as otherwise provided in subsection (b), an
individual may not act as an athlete agent in Indiana without
holding a certificate of registration under section 4 or 6 of this
chapter.
(b) Before being issued a certificate of registration, an
individual may act as an athlete agent in Indiana for all purposes
except signing an agency contract, if:
(1) a student athlete or another person acting on behalf of the
student athlete initiates contact with the individual; and
(2) within seven (7) days after an initial act as an athlete
agent, the individual submits an application for registration
as an athlete agent in Indiana.
(c) An agency contract resulting from conduct in violation of
this section is void and the athlete agent shall return any
consideration received under the contract.
Sec. 3. (a) An applicant for registration shall submit an
application for registration to the attorney general in a form
prescribed by the attorney general. An application filed under this
section is a public record under
IC 5-14-3.
The application must be
in the name of an individual and, except as otherwise provided in
subsection (b), signed or otherwise authenticated by the applicant
under penalty of perjury and contain the following information:
(1) The name of the applicant and the address of the
applicant's principal place of business.
(2) The name of the applicant's business or employer, if
applicable.
(3) Any business or occupation engaged in by the applicant for
the five (5) years immediately preceding the date of
submission of the application.
(4) A description of the applicant's:
(A) formal training as an athlete agent;
(B) practical experience as an athlete agent; and
(C) educational background relating to the applicant's
activities as an athlete agent.
(5) The names and addresses of three (3) individuals not
related to the applicant who are willing to serve as references.
(6) The name, sport, and last known team for each individual
for whom the applicant acted as an athlete agent during the
five (5) years immediately preceding the date of submission of
the application.
(7) The names and addresses of all persons who are:
(A) with respect to the athlete agent's business if it is not a
corporation, the partners, members, officers, managers,
associates, or profit sharers of the business; and
(B) with respect to a corporation employing the athlete
agent, the officers, directors, and any shareholder of the
corporation having an interest of five percent (5%) or
greater.
(8) Whether the applicant or any person named in subdivision
(7) has been convicted of a crime that, if committed in
Indiana, would be a crime involving moral turpitude or a
felony, and identify the crime.
(9) Whether there has been any administrative or judicial
determination that the applicant or any person named in
subdivision (7) has made a false, misleading, deceptive, or
fraudulent representation.
(10) A description of any instance in which the conduct of the
applicant or any person named in subdivision (7) resulted in
the imposition of a sanction, suspension, or declaration of
ineligibility to participate in an interscholastic or
intercollegiate athletic event on a student athlete or
educational institution.
(11) A description of any sanction, suspension, or disciplinary
action taken against the applicant or any person named in
subdivision (7) arising out of occupational or professional
conduct.
(12) Whether there has been any denial of an application for,
suspension or revocation of, or refusal to renew the
registration or licensure of the applicant or any person named
in subdivision (7) as an athlete agent in any state.
(b) An individual who has submitted an application for and
holds a certificate of registration or licensure as an athlete agent in
another state may submit a copy of the application and certificate
instead of submitting an application in the form prescribed under
subsection (a). The attorney general shall accept the application
and the certificate from the other state as an application for
registration in Indiana if the application to the other state:
(1) was submitted in the other state within six (6) months
immediately preceding the submission of the application in
Indiana and the applicant certifies that the information
contained in the application is current;
(2) contains information substantially similar to or more
comprehensive than that required in an application submitted
in Indiana; and
(3) was signed by the applicant under penalty of perjury.
Sec. 4. (a) Except as otherwise provided in subsection (b), the
attorney general shall issue a certificate of registration to an
individual who complies with the requirements of section 3(a) of
this chapter or whose application has been accepted under section
3(b) of this chapter.
(b) The attorney general may refuse to issue a certificate of
registration if the attorney general determines that the applicant
has engaged in conduct that has a significant adverse effect on the
applicant's fitness to act as an athlete agent. In making the
determination, the attorney general may consider whether any of
the following apply to the applicant:
(1) The applicant has been convicted of a crime that, if
committed in Indiana, would be a crime involving moral
turpitude or a felony.
(2) The applicant made a materially false, misleading,
deceptive, or fraudulent representation in the application or
as an athlete agent.
(3) The applicant has engaged in conduct that would
disqualify the applicant from serving in a fiduciary capacity.
(4) The applicant has engaged in conduct prohibited by
section 12 of this chapter.
(5) The applicant has had a registration or a license as an
athlete agent suspended, revoked, or denied or been refused
renewal of a registration or a license as an athlete agent in
any state.
(6) The applicant has engaged in conduct the consequences of
which were that a sanction, suspension, or declaration of
ineligibility to participate in an interscholastic or
intercollegiate athletic event was imposed on a student athlete
or educational institution.
(7) The applicant has engaged in conduct that significantly
adversely reflects on the applicant's credibility, honesty, or
integrity.
(c) In making a determination under subsection (b), the attorney
general shall consider the following:
(1) How recently the conduct occurred.
(2) The nature of the conduct and the context in which it
occurred.
(3) Any other relevant conduct of the applicant.
(d) An athlete agent may apply to renew a registration by
submitting an application for renewal in a form prescribed by the
attorney general. An application filed under this subsection is a
public record under
IC 5-14-3.
The application for renewal must
be signed by the applicant under penalty of perjury and must
contain current information on all matters required by section 3(a)
of this chapter for an original registration.
providing the services.
(2) The name of any person not listed in the application for
registration or renewal of registration who will be
compensated because the student athlete signed the agency
contract.
(3) A description of any expenses that the student athlete
agrees to reimburse.
(4) A description of the services to be provided to the student
athlete.
(5) The duration of the contract.
(6) The date of execution.
(c) An agency contract must contain, in close proximity to the
signature of the student athlete, a conspicuous notice in boldface
type in capital letters stating:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE
AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, BOTH YOU
AND YOUR ATHLETE AGENT MUST GIVE TO YOUR
ATHLETIC DIRECTOR THE TEN (10) DAY NOTICE
REQUIRED BY
IC 25-5.2-2-9
AND
IC 35-46-4-4
BEFORE
EXECUTING THIS CONTRACT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN
FOURTEEN (14) DAYS AFTER SIGNING IT.
CANCELLATION OF THIS CONTRACT MAY NOT
REINSTATE YOUR ELIGIBILITY.
(d) An agency contract that does not conform to this section is
voidable by the student athlete. If a student athlete voids an agency
contract, the student athlete is not required to pay any
consideration under the contract or to return any consideration
received from the athlete agent to induce the student athlete to
enter into the contract.
(e) The athlete agent shall give a record of the signed or
otherwise authenticated agency contract to the student athlete at
the time of execution.
Sec. 9. (a) At least ten (10) days before a student athlete enters
into an agency contract, the athlete agent shall give in a record the
notice required by
IC 35-46-4-4
of the existence of the contract to
the athletic director of the educational institution at which the
student athlete is enrolled or the athlete agent has reasonable
grounds to believe the student athlete intends to enroll.
(b) At least ten (10) days before entering into an agency
contract, the student athlete shall inform the athletic director of
the educational institution at which the student athlete is enrolled
or intends to enroll that the student athlete intends to enter into an
agency contract.
Sec. 10. (a) A student athlete may cancel an agency contract by
giving notice of the cancellation to the athlete agent in a record
within fourteen (14) days after the contract is signed.
(b) A student athlete may not waive the right to cancel an
agency contract.
(c) If a student athlete cancels an agency contract, the student
athlete is not required to pay any consideration under the contract
or to return any consideration received from the athlete agent to
induce the student athlete to enter into the contract.
Sec. 11. (a) An athlete agent shall retain the following records
for a period of five (5) years:
(1) The name and address of each individual represented by
the athlete agent.
(2) A copy of any agency contract entered into by the athlete
agent.
(3) A record of any direct costs incurred by the athlete agent
in the recruitment or solicitation of a student athlete to enter
into an agency contract.
(b) Records required by subsection (a) to be retained are open
to inspection by the attorney general during normal business
hours.
Sec. 12. (a) An athlete agent who, with the intent to induce a
student athlete to enter into an agency contract:
(1) gives any materially false or misleading information or
makes a materially false promise or representation;
(2) furnishes anything of value to a student athlete before the
student athlete enters into the agency contract; or
(3) furnishes anything of value to any individual other than
the student athlete or another registered athlete agent;
chapter.
(b) A written consent solicited by or negotiated by an athlete
agent (as defined in
IC 25-5.2-1-1
) from a student athlete (as
defined in
IC 25-5.2-1-1
) is void if the athlete agent obtained the
consent as the result of an agency contract that:
(1) was void under
IC 25-5.2-2-2
or under the law of the state
where the agency contract was entered into;
(2) was voided by the student athlete under
IC 25-5.2-2-8
or
a similar law in the state where the agency contract was
entered into; or
(3) was entered into without the notice required under
IC 35-46-4-4
or a similar law in the state where the agency
contract was entered into.
(c) A written consent for an endorsement contract (as defined
in
IC 35-46-4-1.5
) is void if notice is not given as required by
IC 35-46-4-4
or a similar law where the endorsement contract is
entered into.
SOURCE: IC 35-46-4-1; (01)CR017102.7. -->
SECTION 7.
IC 35-46-4-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. As used in this
chapter, "agent contract" means a contract or agreement in which a
student athlete authorizes a person to negotiate or solicit on behalf of
the student athlete:
(1) an agreement with a professional sports team for:
(1) (A) the employment of the student athlete by a
professional sports team or organization; or
(2) (B) the employment of the student athlete as a
professional athlete; or
(2) an endorsement contract.
SOURCE: IC 35-46-4-1.5; (01)CR017102.8. -->
SECTION 8.
IC 35-46-4-1.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 1.5. As used in this chapter, "endorsement contract"
means an agreement under which a student athlete is employed or
receives consideration to use, on behalf of the other party, any
value that the student athlete may have because of publicity,
reputation, following, or fame obtained because of athletic ability
or performance. The term includes the value of any part of the
student athlete's right of publicity (as defined in
IC 32-13-1-7
).
SOURCE: IC 35-46-4-2; (01)CR017102.9. -->
SECTION 9.
IC 35-46-4-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. As used in this
chapter, "professional sports services contract" means a contract or
agreement in which a person is employed or agrees to render services:
as:
(1) as a player on a professional sports team; or
(2) as a professional athlete; or
(3) with a professional sports organization.
SOURCE: IC 35-46-4-3; (01)CR017102.10. -->
SECTION 10.
IC 35-46-4-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. As used in this
chapter, "student athlete" means a person who is:
(1) enrolled or intends to enroll in a course of study in a public
or private college or university; and
(2) eligible to participate engage in, or may be eligible in the
future to engage in, an intercollegiate sporting event, contest,
exhibition, or program for the college or university in which the
person is enrolled or intends to enroll.
SOURCE: IC 35-46-4-4; (01)CR017102.11. -->
SECTION 11.
IC 35-46-4-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. A person who
knowingly or intentionally:
(1) enters into an agent contract, an endorsement contract, or a
professional sports services contract with a student athlete; and
(2) no later than ten (10) days before the contract is executed,
fails to give written notice to the head of the athletic department
for the college or university in which the student athlete is
enrolled as a student or intends to enroll as a student that
identifies:
(A) the name and business address of each party to the
contract;
(B) whether the contract is an agent contract, an endorsement
contract, or a professional sports services contract; and
(C) the date that the contract will be executed;
commits failure to disclose recruitment, a Class D felony.
and when so amended that said bill do pass.
Committee Vote: Yeas 8, Nays 0.
Bray
CR017102/DI 51 2001