STAND. COM. REP. NO. 600
Honolulu, Hawaii
, 2005
RE: H.B. No. 51
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred H.B. No. 51 entitled:
"A BILL FOR AN ACT RELATING TO THE UNIFORM ATHLETE AGENTS ACT,"
beg leave to report as follows:
The purpose of this bill is to protect student-athletes and educational institutions by establishing the Uniform Athlete Agents Act. Specifically, this bill will:
(1) Require agents to register with the Department of Commerce and Consumer Affairs (DCCA) and disclose business history, criminal convictions, and history of administrative sanctions and actions;
(2) Establish registration and renewal fees of $20 for applications based on licensure issued in another state and $25 for all other applications;
(3) Stipulate the required form of an agency contract to include, among other things, a conspicuous notice warning the student-athlete about potential loss of eligibility, and the amount of, and method of calculating the remuneration the student-athlete will receive;
(4) Provide the student-athlete with a right to void the agency contract upon noncompliance with this chapter's contractual requirements;
(5) Require that the educational institution be provided with notice of the agency contract within 72 hours after the contract is made, or before the next athletic event in which the student may participate, whichever is earlier;
(6) Establish retention guidelines for records held by athlete agents;
(7) Specify prohibited conduct of the athlete agent and provide that such conduct is a misdemeanor offense; and
(8) Provide civil remedies for educational institutions against athlete agents or former athlete agents.
Your Committees received testimony in support of this measure from the Hawaii Commission to Promote Uniform Legislation, University of Hawaii athletic departments at Manoa and Hilo, and the Department of Education. The Professional and Vocational Licensing Division of DCCA offered comments.
Your Committees find that this measure will protect student-athletes and educational institutions by regulating the way sports agents enter into initial agency agreements with students.
However, your Committees recognize that the Auditor has not yet provided an analysis of whether athlete agents should be regulated. Your Committees note that in 2002, the Legislature adopted House Concurrent Resolution No. 75, which requested that the Auditor provide a sunrise analysis in accordance with section 26H-6, Hawaii Revised Statutes, of the proposed regulation of athlete agents. However, the Auditor was unable to complete the study at that time.
In light of the lack of a sunrise review, your Committees have amended this bill to remove the substance of this bill, and to require, by way of an Act, that the Auditor conduct a sunrise review and analysis of the regulation contained in the Uniform Athlete Agents Act.
As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 51, as amended herein, and recommend that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 51, H.D. 1.
Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary,
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____________________________ SYLVIA LUKE, Chair |
____________________________ KENNETH HIRAKI, Chair |
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