Bill Text: CA SB238 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Athlete agents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-08-01 - Chaptered by Secretary of State. Chapter 146, Statutes of 2011. [SB238 Detail]

Download: California-2011-SB238-Introduced.html

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BILL NUMBER: SB 238	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator De León

                        FEBRUARY 9, 2011

   An act to amend Section 18897.93 of the Business and Professions
Code, relating to athlete agents.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 238, as introduced, De León. Athlete agents.
   Existing law, the Miller-Ayala Athlete Agents Act, regulates
specified activities of an athlete agent in representing or seeking
to represent student athletes and professional athletes, and
authorizes certain civil remedies for its violation. The act also
makes a violation of its provisions a misdemeanor offense and
authorizes the court to suspend or revoke the privilege of a person
to conduct the business of an athlete agent if the person is
convicted of a violation of the act.
   This bill would, instead, require the court to suspend, or where
appropriate, revoke the privilege of a person to conduct the business
of an athlete agent if the person is convicted of a violation of the
act. The bill would also require the court to order an athlete agent
or an athlete agent's representative or employee to disgorge all
revenues received in connection with a violation of the act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18897.93 of the Business and Professions Code
is amended to read:
   18897.93.   (a)    An athlete agent or athlete
agent's representative or employee who violates any provision of this
chapter is guilty of a misdemeanor, and shall be punished by a fine
of not more than fifty thousand dollars ($50,000), or imprisonment in
a county jail not exceeding one year, or by both that fine and
imprisonment.  The 
    (b)     The  court  may
  shall  suspend or  , where appropriate, 
revoke the privilege of any person convicted of a violation of this
chapter to conduct the business of  an  athlete agent. 
In deciding whether to suspend or revoke the privilege to conduct the
business of an athlete agent, the court shall consider any one or
more of the relevant circumstances presented by any of the parties to
the case, including, but not limited to, the nature and seriousness
of the misconduct, the number of violations, the persistence of the
misconduct, the length of time over which the misconduct occurred,
and the willfulness of the defendant's misconduct.  
   (c) Upon conviction of any provision of Article 3 (commencing with
Section 18897.6), the court shall, in addition to any punishment
imposed under subdivision (a), order an athlete agent or athlete
agent's representative or employee to disgorge all revenues received
in connection with the violation.