HB540 Alabama 2013 Session

Under the existing Alabama Uniform Athlete Agents Act, persons who solicit student-athletes to enter into a contract under which the person will negotiate a professional sports services contact or an endorsement contract on behalf of the student-athlete are required to register with the Secretary of State as athlete agents

This bill would prohibit an athlete agent or any other person, for compensation, from negotiating enrollment on behalf of a student-athlete at a particular educational institution. The bill would also require certification by any professional league players' association, if there is one for the particular sport, to be eligible to be an athlete agent. The bill would also require a bond if the athlete agent is representing student-athletes in a sport that does not have a professional league players' association

This bill also revises the information required to be provided when applying for registration as an athlete agent and levies the fees for registering. In addition to the existing criminal penalties for violations of the act, this bill would authorize the Alabama Athlete Agents Commission to issue letters of reprimand and censure to persons who violate the act and prohibit individuals from being licensed as an athlete agent after a third violation

This bill would also add representatives from Birmingham Southern College and Samford University to the Alabama Athlete Agents Commission

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to the Alabama Uniform Athlete Agents Act, to amend Sections 8-26A-2, 8-26A-4, 8-26A-5, 8-26A-6, 8-26A-9, 8-26A-10, 8-26A-11, 8-26A-13, 8-26A-14, 8-26A-15, 8-26A-17, and 8-26A-30, Code of Alabama 1975, to prohibit persons for compensation from representing student-athletes in negotiating enrollment at a particular educational institution; to require athlete agents to be certified by any applicable professional league players' association, to require a bond if there is no applicable professional league players' association to revise the procedure and information required for applying for registration as an athlete agent, to authorize the Alabama Athlete Agents Commission to reprimand persons who violate the act, and to revise the membership of the Alabama Athlete Agents Commission; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.