HOUSE BILL No. 5861


     May 14, 1998, Introduced by Reps. Profit and Mans and referred to the Committee on Colleges and Universities.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 411e (MCL 750.411e), as added by 1988 PA 476,

   and by adding section 552c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 411e.  (1) An athlete agent shall not do  either  ANY

 2    of the following:

 3         (a) Induce a student athlete to enter into an agent contract

 4    or professional sport services contract before the student

 5    athlete's eligibility for collegiate athletics expires.

 6         (b) Enter into an agreement  whereby  BY WHICH the athlete

 7    agent gives, offers, or promises anything of value to an employee

 8    of an institution of higher education in return for the referral

 9    of a student athlete by that employee.




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 1         (C) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROSPECTIVE

 2    ADVANTAGE ACCORDED AN INSTITUTION OF HIGHER EDUCATION BY VIRTUE

 3    OF ITS RELATIONSHIP WITH AN INTERCOLLEGIATE ATHLETICS GOVERNING

 4    ORGANIZATION BY PROMISING OR PROVIDING ANY IMPROPER GIFT OR SERV-

 5    ICE TO A STUDENT ATHLETE, A PROSPECTIVE STUDENT ATHLETE, OR THE

 6    IMMEDIATE FAMILY OF A STUDENT ATHLETE OR OF A PROSPECTIVE STUDENT

 7    ATHLETE.  AS USED IN THIS SUBDIVISION:

 8         (i) "IMPROPER GIFT OR SERVICE" MEANS ANY GIFT OR SERVICE

 9    THAT A STUDENT ATHLETE IS PROHIBITED FROM ACCEPTING ACCORDING TO

10    THE RULES OF THE INSTITUTION OF HIGHER EDUCATION.

11         (ii) "PROSPECTIVE STUDENT ATHLETE" MEANS AN INDIVIDUAL WHO

12    IS BEING RECRUITED TO BE A STUDENT ATHLETE AT AN INSTITUTION OF

13    HIGHER EDUCATION.

14         (2) An athlete agent who violates subsection (1) is guilty

15    of a misdemeanor  ,  punishable by a fine of not more than

16    $50,000.00 or an amount equal to 3 times the amount given,

17    offered, or promised as an inducement as described in subsection

18    (1)(a) or 3 times the value of the agreement entered into as

19    described in subsection (1)(b) OR 3 TIMES THE VALUE OF THE GIFT

20    OR SERVICE PROMISED OR PROVIDED AS DESCRIBED IN SUBSECTION

21    (1)(C), whichever is greater, or imprisonment for not more than 1

22    year, or both.

23         (3) As used in this section:

24         (a) "Agent contract" means  any  A contract or agreement

25    pursuant to which a person authorizes or empowers an athlete

26    agent to negotiate or solicit on HIS OR HER behalf  of the

27     person  with 1 or more professional sport teams for  the  HIS OR



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 1    HER employment  of the person  by a professional sport team or to

 2    negotiate or solicit on HIS OR HER behalf  of the person  for

 3     the  employment  of the person  as a professional athlete.

 4         (b) "Athlete agent" means a person who, directly or indi-

 5    rectly, recruits or solicits a person to enter into an agent con-

 6    tract or professional sport services contract, or who procures,

 7    offers, promises, or attempts to obtain employment for a person

 8    with a professional sport team or as a professional athlete.

 9    Athlete agent does not include a member of a person's immediate

10    family.

11         (c) "Immediate family" means a person's spouse, child,

12    parent, stepparent, grandparent, grandchild, brother, sister,

13    parent-in-law, brother-in-law, sister-in-law, nephew, niece,

14    aunt, uncle, first cousin, or the spouse or guardian of any of

15    the persons described in this subdivision.

16         (d) "Institution of higher education" means a public or pri-

17    vate college or university.

18         (e) "Person" means an individual, sole proprietorship, part-

19    nership, association, corporation, or other legal entity.

20         (f) "Professional sport services contract" means a contract

21    or agreement pursuant to which a person is employed or agrees to

22    render services as a player on a professional sport team or as a

23    professional athlete.

24         (g) "Student athlete" means an individual who engages in, is

25    eligible to engage in, or may be eligible to engage in  any  AN

26    intercollegiate sporting event, contest, exhibition, or program.





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 1         SEC. 552C.  (1) AN ATHLETE AGENT WHO WILLFULLY TRESPASSES BY

 2    ENTERING OR REMAINING ON THE PROPERTY OF AN INSTITUTION OF HIGHER

 3    EDUCATION WITHOUT THAT INSTITUTION'S AUTHORITY OR PERMISSION IS

 4    GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE

 5    THAN 1 YEAR OR A FINE OF NOT MORE THAN $50,000.00, OR BOTH.

 6         (2) AS USED IN THIS SECTION:

 7         (A) "ATHLETE AGENT" MEANS THAT TERM AS DEFINED IN SECTION

 8    411E.

 9         (B) "INSTITUTION OF HIGHER EDUCATION" MEANS THAT TERM AS

10    DEFINED IN SECTION 411E.




































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