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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2538Introduced by Assembly Member ChuFebruary 19, 2020 An act to add Section 18897.38 to the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTAB 2538, as introduced, Chu. Athlete agents: student athletes: minors: health and safety.Existing law, the Miller-Ayala Athlete Agents Act, regulates various activities of an athlete agent in representing student athletes and professional athletes, including contact with athletes, contract negotiations, and required disclosures. The act authorizes an athlete agent to offer or provide money or any other thing of benefit or value to a student athlete, if it is authorized by, and is in compliance with, an official written policy of the elementary or secondary school, college, university, or other educational institution of the student athlete and the terms of the contract comply with the bylaws of the National Collegiate Athletic Association. Under existing law, an athlete agent or athlete agents representative or employee who violates any provision of the act is guilty of a misdemeanor, punishable by a fine of not more than $50,000, or imprisonment in a county jail not exceeding one year, or both fine and imprisonment.This bill would prohibit an athlete agent from sending or causing to be sent, a minor who is a student athlete to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, as specified. The bill would prohibit an athlete agent from entering any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, except as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18897.38 is added to the Business and Professions Code, to read:18897.38. (a) An athlete agent shall not send or cause to be sent, a student athlete who is a minor to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, the character of which place the athlete agency could have ascertained upon reasonable inquiry. In determining what is hazardous or detrimental to morals pursuant this section, due regard shall be given to the act proscribed by Sections 311 to 314, inclusive, of the Penal Code.(b) An athlete agent shall not enter any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, unless the student athlete who is a minor is at all times accompanied by and within the sight or sound of a parent, guardian, or the athlete agent.(c) It is the intent of the Legislature that this section be interpreted consistently with the interpretations of Sections 1700.33 and 1700.34 of the Labor Code and regulations adopted thereunder.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2538Introduced by Assembly Member ChuFebruary 19, 2020 An act to add Section 18897.38 to the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTAB 2538, as introduced, Chu. Athlete agents: student athletes: minors: health and safety.Existing law, the Miller-Ayala Athlete Agents Act, regulates various activities of an athlete agent in representing student athletes and professional athletes, including contact with athletes, contract negotiations, and required disclosures. The act authorizes an athlete agent to offer or provide money or any other thing of benefit or value to a student athlete, if it is authorized by, and is in compliance with, an official written policy of the elementary or secondary school, college, university, or other educational institution of the student athlete and the terms of the contract comply with the bylaws of the National Collegiate Athletic Association. Under existing law, an athlete agent or athlete agents representative or employee who violates any provision of the act is guilty of a misdemeanor, punishable by a fine of not more than $50,000, or imprisonment in a county jail not exceeding one year, or both fine and imprisonment.This bill would prohibit an athlete agent from sending or causing to be sent, a minor who is a student athlete to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, as specified. The bill would prohibit an athlete agent from entering any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, except as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Assembly February 27, 2020 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly February 27, 2020 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2538 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member ChuFebruary 19, 2020 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Chu | |
| 18 | 18 | February 19, 2020 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Section 18897.38 to the Business and Professions Code, relating to business. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2538, as | |
| 26 | + | AB 2538, as introduced, Chu. Athlete agents: student athletes: minors: health and safety. | |
| 27 | 27 | ||
| 28 | - | Existing law, the Miller-Ayala Athlete Agents Act, regulates various activities of an athlete agent in representing student athletes and professional athletes, including contact with athletes, contract negotiations, and required disclosures. The act authorizes an athlete agent to offer or provide money or any other thing of benefit or value to a student athlete, if it is authorized by, and is in compliance with, an official written policy of the elementary or secondary school, college, university, or other educational institution of the student athlete and the terms of the contract comply with the bylaws of the National Collegiate Athletic Association. Under existing law, an athlete agent or athlete agents representative or employee who violates any provision of the act is guilty of a misdemeanor, punishable by a fine of not more than $50,000, or imprisonment in a county jail not exceeding one year, or both fine and imprisonment.This bill would prohibit an athlete agent from sending or causing to be sent, a minor who is a student | |
| 28 | + | Existing law, the Miller-Ayala Athlete Agents Act, regulates various activities of an athlete agent in representing student athletes and professional athletes, including contact with athletes, contract negotiations, and required disclosures. The act authorizes an athlete agent to offer or provide money or any other thing of benefit or value to a student athlete, if it is authorized by, and is in compliance with, an official written policy of the elementary or secondary school, college, university, or other educational institution of the student athlete and the terms of the contract comply with the bylaws of the National Collegiate Athletic Association. Under existing law, an athlete agent or athlete agents representative or employee who violates any provision of the act is guilty of a misdemeanor, punishable by a fine of not more than $50,000, or imprisonment in a county jail not exceeding one year, or both fine and imprisonment.This bill would prohibit an athlete agent from sending or causing to be sent, a minor who is a student athlete to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, as specified. The bill would prohibit an athlete agent from entering any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, except as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 29 | ||
| 30 | 30 | Existing law, the Miller-Ayala Athlete Agents Act, regulates various activities of an athlete agent in representing student athletes and professional athletes, including contact with athletes, contract negotiations, and required disclosures. The act authorizes an athlete agent to offer or provide money or any other thing of benefit or value to a student athlete, if it is authorized by, and is in compliance with, an official written policy of the elementary or secondary school, college, university, or other educational institution of the student athlete and the terms of the contract comply with the bylaws of the National Collegiate Athletic Association. Under existing law, an athlete agent or athlete agents representative or employee who violates any provision of the act is guilty of a misdemeanor, punishable by a fine of not more than $50,000, or imprisonment in a county jail not exceeding one year, or both fine and imprisonment. | |
| 31 | 31 | ||
| 32 | - | This bill would prohibit an athlete agent from sending or causing to be sent, a minor who is a student | |
| 32 | + | This bill would prohibit an athlete agent from sending or causing to be sent, a minor who is a student athlete to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, as specified. The bill would prohibit an athlete agent from entering any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, except as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 35 | 35 | ||
| 36 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 37 | 37 | ||
| 38 | 38 | ## Digest Key | |
| 39 | 39 | ||
| 40 | 40 | ## Bill Text | |
| 41 | 41 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 18897.38 is added to the Business and Professions Code, to read:18897.38. (a) An athlete agent shall not send or cause to be sent, a student | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 18897.38 is added to the Business and Professions Code, to read:18897.38. (a) An athlete agent shall not send or cause to be sent, a student athlete who is a minor to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, the character of which place the athlete agency could have ascertained upon reasonable inquiry. In determining what is hazardous or detrimental to morals pursuant this section, due regard shall be given to the act proscribed by Sections 311 to 314, inclusive, of the Penal Code.(b) An athlete agent shall not enter any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, unless the student athlete who is a minor is at all times accompanied by and within the sight or sound of a parent, guardian, or the athlete agent.(c) It is the intent of the Legislature that this section be interpreted consistently with the interpretations of Sections 1700.33 and 1700.34 of the Labor Code and regulations adopted thereunder.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 43 | 43 | ||
| 44 | 44 | The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | 46 | ## The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | - | SECTION 1. Section 18897.38 is added to the Business and Professions Code, to read:18897.38. (a) An athlete agent shall not send or cause to be sent, a student | |
| 48 | + | SECTION 1. Section 18897.38 is added to the Business and Professions Code, to read:18897.38. (a) An athlete agent shall not send or cause to be sent, a student athlete who is a minor to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, the character of which place the athlete agency could have ascertained upon reasonable inquiry. In determining what is hazardous or detrimental to morals pursuant this section, due regard shall be given to the act proscribed by Sections 311 to 314, inclusive, of the Penal Code.(b) An athlete agent shall not enter any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, unless the student athlete who is a minor is at all times accompanied by and within the sight or sound of a parent, guardian, or the athlete agent.(c) It is the intent of the Legislature that this section be interpreted consistently with the interpretations of Sections 1700.33 and 1700.34 of the Labor Code and regulations adopted thereunder. | |
| 49 | 49 | ||
| 50 | 50 | SECTION 1. Section 18897.38 is added to the Business and Professions Code, to read: | |
| 51 | 51 | ||
| 52 | 52 | ### SECTION 1. | |
| 53 | 53 | ||
| 54 | - | 18897.38. (a) An athlete agent shall not send or cause to be sent, a student | |
| 54 | + | 18897.38. (a) An athlete agent shall not send or cause to be sent, a student athlete who is a minor to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, the character of which place the athlete agency could have ascertained upon reasonable inquiry. In determining what is hazardous or detrimental to morals pursuant this section, due regard shall be given to the act proscribed by Sections 311 to 314, inclusive, of the Penal Code.(b) An athlete agent shall not enter any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, unless the student athlete who is a minor is at all times accompanied by and within the sight or sound of a parent, guardian, or the athlete agent.(c) It is the intent of the Legislature that this section be interpreted consistently with the interpretations of Sections 1700.33 and 1700.34 of the Labor Code and regulations adopted thereunder. | |
| 55 | 55 | ||
| 56 | - | 18897.38. (a) An athlete agent shall not send or cause to be sent, a student | |
| 56 | + | 18897.38. (a) An athlete agent shall not send or cause to be sent, a student athlete who is a minor to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, the character of which place the athlete agency could have ascertained upon reasonable inquiry. In determining what is hazardous or detrimental to morals pursuant this section, due regard shall be given to the act proscribed by Sections 311 to 314, inclusive, of the Penal Code.(b) An athlete agent shall not enter any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, unless the student athlete who is a minor is at all times accompanied by and within the sight or sound of a parent, guardian, or the athlete agent.(c) It is the intent of the Legislature that this section be interpreted consistently with the interpretations of Sections 1700.33 and 1700.34 of the Labor Code and regulations adopted thereunder. | |
| 57 | 57 | ||
| 58 | - | 18897.38. (a) An athlete agent shall not send or cause to be sent, a student | |
| 58 | + | 18897.38. (a) An athlete agent shall not send or cause to be sent, a student athlete who is a minor to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, the character of which place the athlete agency could have ascertained upon reasonable inquiry. In determining what is hazardous or detrimental to morals pursuant this section, due regard shall be given to the act proscribed by Sections 311 to 314, inclusive, of the Penal Code.(b) An athlete agent shall not enter any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, unless the student athlete who is a minor is at all times accompanied by and within the sight or sound of a parent, guardian, or the athlete agent.(c) It is the intent of the Legislature that this section be interpreted consistently with the interpretations of Sections 1700.33 and 1700.34 of the Labor Code and regulations adopted thereunder. | |
| 59 | 59 | ||
| 60 | 60 | ||
| 61 | 61 | ||
| 62 | - | 18897.38. (a) An athlete agent shall not send or cause to be sent, a student | |
| 62 | + | 18897.38. (a) An athlete agent shall not send or cause to be sent, a student athlete who is a minor to any location that would be hazardous or detrimental to the health, safety, morals, or education of the minor, the character of which place the athlete agency could have ascertained upon reasonable inquiry. In determining what is hazardous or detrimental to morals pursuant this section, due regard shall be given to the act proscribed by Sections 311 to 314, inclusive, of the Penal Code. | |
| 63 | 63 | ||
| 64 | - | (b) An athlete agent shall not enter any contract on behalf of a student | |
| 64 | + | (b) An athlete agent shall not enter any contract on behalf of a student athlete who is a minor that requires the minor to appear at any event or establishment where alcoholic beverages or other intoxicating substances are sold to be consumed on the premises or where they are served, unless the student athlete who is a minor is at all times accompanied by and within the sight or sound of a parent, guardian, or the athlete agent. | |
| 65 | 65 | ||
| 66 | 66 | (c) It is the intent of the Legislature that this section be interpreted consistently with the interpretations of Sections 1700.33 and 1700.34 of the Labor Code and regulations adopted thereunder. | |
| 67 | 67 | ||
| 68 | 68 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 69 | 69 | ||
| 70 | 70 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 71 | 71 | ||
| 72 | 72 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 73 | 73 | ||
| 74 | 74 | ### SEC. 2. |