HB 538

As Introduced
136th General Assembly
   Regular Session  H. B. No. 538
       2025-2026
  Representatives Callender, Mathews, A.
  Cosponsor: Representative Piccolantonio
  To amend sections 3773.33, 3773.34, 3773.35,  1
  3773.36, 3773.37, 3773.38, 3773.39, 3773.40,  2
  3773.41, 3773.42, 3773.421, 3773.43, 3773.45,  3
  3773.51, 3773.52, 3773.53, 3773.54, 3773.55,  4
  3773.56, 3773.57, 3773.59, 4771.02, 4771.05,  5
  4771.07, 4771.08, 4771.09, 4771.10, 4771.11,  6
  4771.12, 4771.13, 4771.14, 4771.16, 4771.18,  7
  4771.21, 4771.22, and 4771.23 of the Revised  8
  Code to place the Ohio Athletics Commission  9
  within the Department of Commerce, to modify the  10
  Commission's functions, and to make an  11
  appropriation.  12
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 3773.33, 3773.34, 3773.35,  13
3773.36, 3773.37, 3773.38, 3773.39, 3773.40, 3773.41, 3773.42,  14
3773.421, 3773.43, 3773.45, 3773.51, 3773.52, 3773.53, 3773.54,  15
3773.55, 3773.56, 3773.57, 3773.59, 4771.02, 4771.05, 4771.07,  16
4771.08, 4771.09, 4771.10, 4771.11, 4771.12, 4771.13, 4771.14,  17
4771.16, 4771.18, 4771.21, 4771.22, and 4771.23 of the Revised  18
Code be amended to read as follows:  19
     Sec. 3773.33. (A) There is hereby created the Ohio  20
H. B. No. 538  Page 2
As Introduced
athletic commission, which is a part of the department of  21
commerce for administrative purposes. The director of commerce  22
shall appoint an employee of the department as the administrator  23
of athletics to act as executive officer of the commission. The  24
administrator shall serve at the pleasure of the director.  25
       The commission shall consist of five voting members  26
appointed by the governor with the advice and consent of the  27
senate, not more than three of whom shall be of the same  28
political party, and two nonvoting members, one of whom shall be  29
a member of the senate appointed by and to serve at the pleasure  30
of the president of the senate and one of whom shall be a member  31
of the house of representatives appointed by and to serve at the  32
pleasure of the speaker of the house of representatives. To be  33
eligible for appointment as a voting member, a person shall be a  34
qualified elector and a resident of the state for not less than  35
five years immediately preceding the person's appointment. Two  36
voting members shall be knowledgeable in boxing and mixed  37
martial arts. One commission member shall hold the degree of  38
doctor of medicine or doctor of osteopathy.  39
       (B) No person shall be appointed to the commission or be  40
an employee of the commission who is licensed, registered, or  41
regulated by the commission. No member shall have any legal or  42
beneficial interest, direct or indirect, pecuniary or otherwise,  43
in any person who is licensed, registered, or regulated by the  44
commission or who participates in prize fights or public boxing  45
or wrestling matches or exhibitions. No member shall participate  46
in any fight, match, or exhibition other than in the member's  47
official capacity as a member of the commission, or as an  48
inspector as authorized in section 3773.52 of the Revised Code.  49
       (C) The governor shall appoint the voting members to the  50
H. B. No. 538  Page 3
As Introduced
commission. Of the initial appointments, two shall be for terms  51
ending one year after September 3, 1996, two shall be for terms  52
ending two years after September 3, 1996, and one shall be for a  53
term ending three years after September 3, 1996. Thereafter,  54
terms of office shall be for three years, each term ending the  55
same day of the same month of the year as did the term which it  56
succeeds. Each member shall hold office from the date of the  57
member's appointment until the end of the term for which the  58
member was appointed. Any member appointed to fill a vacancy  59
occurring prior to the expiration of the term for which the  60
member's predecessor was appointed shall hold office for the  61
remainder of the term. Any member shall continue in office  62
subsequent to the expiration date of the member's term until the  63
member's successor takes office.  64
       The governor shall name one voting member as chairperson  65
of the commission at the time of making the appointment of any  66
member for a full term. Three voting members shall constitute a  67
quorum, and the affirmative vote of the majority of voting  68
members shall be necessary for any action taken by the  69
commission. No vacancy on the commission impairs the authority  70
of the remaining members to exercise all powers of the  71
commission.  72
       Voting members, when engaged in commission duties, shall  73
receive a per diem compensation determined in accordance with  74
division (J) of section 124.15 of the Revised Code, and all  75
members shall receive their actual and necessary expenses  76
incurred in the performance of their official duties.  77
       Each voting member, before entering upon the discharge of  78
the member's duties, shall file a surety bond payable to the  79
treasurer of state in the sum of ten thousand dollars. Each  80
H. B. No. 538  Page 4
As Introduced
surety bond shall be conditioned upon the faithful performance  81
of the duties of the office, executed by a surety company  82
authorized to transact business in this state, and filed in the  83
office of the secretary of state.  84
       The governor may remove any voting member for malfeasance,  85
misfeasance, or nonfeasance in office after giving the member a  86
copy of the charges against the member and affording the member  87
an opportunity for a public hearing, at which the member may be  88
represented by counsel, upon not less than ten days' notice. If  89
the member is removed, the governor shall file a complete  90
statement of all charges made against the member and the  91
governor's finding on the charges in the office of the secretary  92
of state, together with a complete report of the proceedings.  93
The governor's decision shall be final.  94
       Sec. 3773.34. (A) The Ohio athletic commission shall adopt  95
and may amend or rescind rules in accordance with Chapter 119.  96
of the Revised Code, prescribing the conditions under which  97
prize fights and public boxing or wrestling matches or  98
exhibitions may be conducted, classifying professional boxers by  99
weight, and providing for the administration of sections 3773.31  100
to 3773.57 of the Revised Code. The rules may require that an  101
applicant for a contestant's license to participate in a public  102
boxing match or exhibition take an HIV test, as defined in  103
section 3701.24 of the Revised Code, before being issued the  104
contestant's license and may require that a licensed contestant  105
take such an HIV test before participating in a public boxing  106
match or exhibition. The commission, or the commission's  107
executive director administrator of athletics when authorized by  108
the commission, may issue, deny, suspend, or revoke permits to  109
hold prize fights and public boxing or wrestling matches or  110
exhibitions. The commission, or the administrator when  111
H. B. No. 538  Page 5
As Introduced
authorized by the commission, may issue, deny, suspend, or  112
revoke licenses to persons engaged in any public boxing match or  113
exhibition as authorized by sections 3773.31 to 3773.57 of the  114
Revised Code.  115
       (B) In addition to the duties set forth in this chapter,  116
the Ohio athletic commission and the administrator shall take  117
action as necessary to carry out the provisions of Chapter 4771.  118
of the Revised Code governing athlete agents.  119
       (C) On or before the thirty-first day of December of each  120
year, the commission shall make a report to the governor of its  121
proceedings for the year ending on the first day of December of  122
that calendar year, and may include in the report any  123
recommendations pertaining to its duties.  124
       Sec. 3773.35. Any person who wishes to conduct a public or  125
private competition that involves boxing, wrestling, mixed  126
martial arts, kick boxing, tough man contests, tough guy  127
contests, or any other form of boxing or martial arts shall  128
apply to the Ohio athletic commission administrator of athletics  129
for a promoter's license. Each application shall be filed with  130
the commission administrator on forms provided by the  131
commissionadministrator, and shall be accompanied by an  132
application fee as prescribed in section 3773.43 of the Revised  133
Code and, with the exception of wrestling events, by a surety  134
bond of not less than   twenty thousand dollars conditioned for  135
compliance with sections 3773.31 to 3773.57 of the Revised Code  136
and the rules of the Ohio athletic commission.  137
       The commission shall prescribe the form of the application  138
for the promoter's license. The application shall include the  139
name of the applicant, the post office address of the applicant,  140
and any other information the commission requires.  141
H. B. No. 538  Page 6
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       Sec. 3773.36. (A) Upon the proper filing of an application  142
to conduct any public or private competition that involves  143
boxing, mixed martial arts, kick boxing, tough man contests,  144
tough guy contests, or any other form of boxing or martial arts,  145
accompanied by the surety bond and the application fee, or upon  146
the proper filing of an application to conduct any public or  147
private competition that involves wrestling accompanied by the  148
application fee, the Ohio athletic commission administrator of  149
athletics shall issue a promoter's license to the applicant if  150
it the administrator finds that the applicant is not in default  151
on any payment, obligation, or debt payable to the state under  152
sections 3773.31 to 3773.57 of the Revised Code, is financially  153
responsible, and is knowledgeable in the proper conduct of such  154
matches or exhibitions.  155
       (B) Notwithstanding the requirements for a license under  156
division (A) of this section, the commission administrator shall  157
issue a promoter's license in accordance with Chapter 4796. of  158
the Revised Code to an applicant if either of the following  159
applies:  160
       (1) The applicant holds a license in another state.  161
       (2) The applicant has satisfactory work experience, a  162
government certification, or a private certification as  163
described in that chapter as a promoter in a state that does not  164
issue that license.  165
       (C) Each license issued pursuant to this section shall  166
bear the name of the licensee, the post office address of the  167
licensee, the date of expiration, an identification number  168
designated by the commissionadministrator, and the seal of the  169
commissiondepartment of commerce.  170
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       (D) A promoter's license shall expire twelve months after  171
its date of issuance and shall become invalid on that date  172
unless renewed. A promoter's license may be renewed upon  173
application to the commission administrator and upon payment of  174
the renewal fee prescribed in section 3773.43 of the Revised  175
Code. The commission administrator shall renew the license  176
unless it the administrator denies the application for renewal  177
for one or more reasons stated in section 3123.47 or 3773.53 of  178
the Revised Code.  179
       Sec. 3773.37. The Ohio athletic commission administrator  180
of athletics shall cause a photograph with identification of any  181
person signing the application for a license under section  182
3773.35 or 3773.41 of the Revised Code to be taken in duplicate  183
and filed with the commission.. For purposes of this section,  184
the commission administrator may allow a photograph with  185
identification to be a photocopy of a valid commercial driver's  186
license issued under Chapter 4506. or a driver's license issued  187
under Chapter 4507. of the Revised Code.  188
       Sec. 3773.38. Each person who holds a promoter's license  189
issued under section 3773.36 of the Revised Code who desires to  190
conduct a public boxing or wrestling match or exhibition where  191
one or more contests are to be held shall obtain a permit from  192
the Ohio athletic commission or the commission's executive  193
director administrator of athletics when the executive director  194
administrator is authorized by the commission to issue those  195
types of permits. Application for such a permit shall be made in  196
writing and on forms prescribed by the commission, shall be  197
filed with the commission or the administrator, and shall be  198
accompanied by the permit fee prescribed in section 3773.43 of  199
the Revised Code.  200
H. B. No. 538  Page 8
As Introduced
       The application for a permit issued under this section  201
shall include the date and starting time of the match or  202
exhibition, the address of the place where the match or  203
exhibition is to be held, the names of the contestants, the  204
seating capacity of the building or hall where the exhibition is  205
to be held, the admission charge or any other charges, the  206
amount of compensation or the percentage of gate receipts to be  207
paid to each contestant, the name and address of the applicant,  208
a copy of the current official rules that govern the particular  209
sport, and the serial number of the applicant's promoter's  210
license.  211
       The commission, or the commission's executive director  212
administrator when authorized by the commission, may require the  213
applicant to deposit with the commission or the administrator  214
before a public boxing match or exhibition a cash bond,  215
certified check, bank draft, or surety bond in an amount equal  216
to five per cent of the estimated gross receipts from the match  217
or exhibition.  218
       Sec. 3773.39. (A) Upon receipt of an application for a  219
permit to hold a public boxing or wrestling match or exhibition  220
under section 3773.38 of the Revised Code, the Ohio athletic  221
commission, or the commission's executive director administrator  222
of athletics when authorized by the commission, shall determine  223
if the applicant holds a valid promoter's license issued  224
pursuant to section 3773.36 of the Revised Code. Upon receipt of  225
an application for a permit to hold a public boxing match or  226
exhibition, the commission, or the commission's executive  227
director administrator when authorized by the commission, also  228
shall determine if the contestants are evenly and fairly matched  229
according to skill, experience, and weight so as to produce a  230
fair and sportsmanlike contest, and whether the applicant is  231
H. B. No. 538  Page 9
As Introduced
financially responsible and is able to pay to each contestant  232
the compensation or percentage of the gate receipts named in the  233
application. The commission, or the commission's executive  234
director administrator when authorized by the commission, may,  235
if applicable, require the applicant to deposit with it within  236
forty-eight hours before the match or exhibition the total  237
compensation or estimated portion of gate receipts to be paid  238
all contestants named in the application made under section  239
3773.38 of the Revised Code.  240
       (B) If the commission, or the commission's executive  241
director administrator when authorized by the commission,  242
determines that the applicant has met all the requirements  243
specified in division (A) of this section, the commission or  244
executive director the administrator shall issue the applicant a  245
permit to conduct the match or exhibition. If the applicant  246
fails to deposit any compensation or portion of gate receipts  247
required by the commission, or executive director the  248
administrator before the first contest of the match or  249
exhibition is held, the commission, or the commission's  250
executive director administrator when authorized by the  251
commission, may revoke the permit and order the applicant not to  252
conduct the match or exhibition described in the permit.  253
       (C) Each permit issued pursuant to this section shall bear  254
the name and post office address of the applicant, the address  255
of the place where the public boxing or wrestling match or  256
exhibition is to be held, the date and starting time of the  257
match or exhibition, and a serial number designated by the  258
commission or the administrator when authorized by the  259
commission.  260
       A permit issued under this section shall allow the permit  261
H. B. No. 538  Page 10
As Introduced
holder to conduct only the match or exhibition named in the  262
permit. A permit is not transferable.  263
       Sec. 3773.40. No person who holds a promoter's license to  264
conduct a public boxing match or exhibition under section  265
3773.36 of the Revised Code shall:  266
       (A) Hold any match or exhibition at any time or place  267
other than that stated on a permit issued under section 3773.38  268
of the Revised Code;  269
       (B) Allow any contestant to participate in the match or  270
exhibition unless the contestant is the licensed contestant  271
named in the application for such permit or a licensed  272
contestant authorized to compete as a substitute for such a  273
contestant by the inspector assigned to the facility where the  274
match or exhibition is held for that match or exhibition;  275
       (C) Charge a higher admission price for a match or  276
exhibition than that stated in the application;  277
       (D) Pay a greater compensation or percentage of the gate  278
receipts to any contestant than that stated in the application.  279
       The Ohio athletic commission, or the commission's  280
executive director administrator of athletics when authorized by  281
the commission, upon application by a holder of a permit under  282
section 3773.38 of the Revised Code, may allow the permit holder  283
to hold the match or exhibition for which the permit was issued  284
at an alternative site that is within the same municipal  285
corporation or township and that offers substantially similar  286
seating facilities, or allow the permit holder to substitute  287
contestants or seconds, provided that the substitute contestants  288
are evenly matched with their opponents in skill, experience,  289
and weight.  290
H. B. No. 538  Page 11
As Introduced
        Sec. 3773.41. Any person who desires to participate in a  291
public boxing match, mixed martial arts event, or any other  292
unarmed combat sport regulated by the Ohio athletic commission  293
as a referee, judge, matchmaker, timekeeper, or contestant, or  294
as a manager, trainer, or second of a contestant, shall apply  295
for a license from the Ohio athletic commissionadministrator of  296
athletics. The application shall be on forms provided by the  297
commissionadministrator. Each application shall be accompanied  298
by the application fee prescribed in section 3773.43 of the  299
Revised Code. The applicant shall verify the application under  300
oath.  301
        The commission shall prescribe the form of the application  302
for a participant's license. The application shall include the  303
correct and ring or assumed name, if any, of the applicant, the  304
applicant's address, the applicant's date and place of birth,  305
the applicant's occupation, and a copy of the applicant's win  306
and loss record as a contestant, if applicable.  307
        Sec. 3773.42. Upon the proper filing of an application for  308
a referee's, judge's, matchmaker's, timekeeper's, manager's,  309
trainer's, contestant's, or second's license and payment of the  310
applicable application fee, the Ohio athletic commission  311
administrator of athletics shall issue the license to the  312
applicant if it the administrator determines that the applicant  313
is not likely to engage in acts detrimental to the fair and  314
honest conduct of public boxing matches, mixed martial arts  315
events, or any other unarmed combat sports regulated by the Ohio  316
athletic commission and is qualified to hold such a license by  317
reason of the applicant's knowledge and experience.  318
        A person shall not be determined to possess the knowledge  319
and experience necessary to qualify that person to hold a  320
H. B. No. 538  Page 12
As Introduced
referee's license unless all of the following conditions are  321
met:  322
       (A) The person has completed such referee training  323
requirements as the commission prescribes by rule.  324
       (B) The person possesses such experience requirements as  325
the commission prescribes by rule.  326
       The commission administrator shall issue a referee's  327
license to each person who meets the requirements of divisions  328
(A) and (B) of this section.  329
       If upon the proper filing of an application for a  330
contestant's license the commission administrator determines  331
that the applicant is not likely to engage in acts detrimental  332
to the conduct of public boxing matches, mixed martial arts  333
events, or any other unarmed combat sports regulated by the  334
commission and possesses sufficient knowledge and experience,  335
the commission administrator shall issue the license to the  336
applicant.  337
       Each license issued pursuant to this section shall bear  338
the correct name, or assumed name, if any, of the licensee, the  339
address of the licensee, the date of issue, and a number  340
designated by the commissionadministrator.  341
       A license issued pursuant to this section shall expire  342
twelve months after its date of issue unless renewed. Upon  343
application for renewal and payment of the renewal fee  344
prescribed in section 3773.43 of the Revised Code, the  345
commission administrator shall renew the license unless it the  346
administrator denies the application for one or more reasons  347
stated in section 3123.47 or 3773.53 of the Revised Code.  348
       Sec. 3773.421. The Ohio athletic commission administrator  349
H. B. No. 538  Page 13
As Introduced
of athletics shall issue a referee's, judge's, matchmaker's,  350
timekeeper's, manager's, trainer's, contestant's, or second's  351
license in accordance with Chapter 4796. of the Revised Code to  352
an applicant if either of the following applies:  353
       (A) The applicant holds a license in another state.  354
       (B) The applicant has satisfactory work experience, a  355
government certification, or a private certification as  356
described in that chapter as a referee, judge, matchmaker,  357
timekeeper, manager, trainer, contestant, or second in a state  358
that does not issue that license.  359
       Sec. 3773.43. The Ohio athletic commission and the  360
administrator of athletics shall charge the following fees:  361
       (A) For an application for or renewal of a promoter's  362
license for a public or private competition that involves  363
boxing, mixed martial arts, kick boxing, tough man contests,  364
tough guy contests, or any other form of boxing or martial arts,  365
one hundred dollars.  366
       (B) For an application for or renewal of a license to  367
participate in a public boxing match or exhibition as a  368
contestant, or as a referee, judge, matchmaker, manager,  369
timekeeper, trainer, or second of a contestant, twenty dollars.  370
       (C) For a permit to conduct a public boxing match or  371
exhibition, fifty dollars.  372
       (D) For an application for or renewal of a promoter's  373
license for a public or private competition that involves  374
wrestling, two hundred dollars.  375
       (E) For a permit to conduct a professional wrestling match  376
or exhibition, one hundred dollars.  377
H. B. No. 538  Page 14
As Introduced
       The commission, subject to the approval of the controlling  378
board, may establish fees in excess of the amounts provided in  379
this section, provided that such fees do not exceed the amounts  380
permitted by this section by more than fifty per cent.  381
       The fees prescribed by this section shall be paid to the  382
treasurer of state, who shall deposit the fees in the  383
occupational licensing and regulatory fund.  384
       Sec. 3773.45. (A) The Ohio athletic commission shall  385
adopt, and may amend or rescind, rules that do both of the  386
following:  387
       (1) Require the physical examination by appropriate  388
medical personnel of each contestant in any public competition  389
that involves boxing, mixed martial arts, kick boxing, karate,  390
tough man contests, or any other form of boxing or martial arts  391
within a specified time period before and after the competition  392
to determine whether the contestant is physically fit to compete  393
in the competition under specified standards, has sustained  394
physical injuries in the competition, or requires follow-up  395
examination; and  396
       (2) Require the reporting of each examination to the  397
commissionadministrator of athletics.  398
       (B) No holder of a promoter's license shall conduct a  399
boxing match or exhibition that exceeds twelve rounds. Each  400
round shall be not more than three minutes in length. A period  401
of at least one minute, during which no boxing or sparring takes  402
place, shall occur between rounds.  403
       No holder of a promoter's license or a permit issued under  404
section 3773.39 of the Revised Code shall allow a professional  405
boxer to participate in more than twelve rounds of boxing within  406
H. B. No. 538  Page 15
As Introduced
a period of seventy-two consecutive hours. For any match or  407
exhibition or for a class of contestants, the commission may  408
limit the number of rounds within the maximum of twelve rounds.  409
       (C) No person shall conduct a boxing match or exhibition  410
unless a licensed referee appointed by the commission  411
administrator and paid by the person is present. The referee  412
shall direct and control the match or exhibition. Before each  413
match or exhibition the referee shall obtain from each  414
contestant the name of the contestant's chief second and shall  415
hold the chief second responsible for the conduct of any  416
assistant seconds during the match or exhibition. The referee  417
may declare a prize, remuneration, or purse or any part thereof  418
to which a contestant is otherwise entitled withheld if, in the  419
referee's judgment, the contestant is not competing or did not  420
compete honestly. A contestant may appeal the referee's decision  421
in a hearing before the commission conducted in accordance with  422
section 3773.52 of the Revised Code.  423
       (D) No person shall hold or conduct a boxing match or  424
exhibition unless three licensed judges appointed by the  425
commission administrator and paid by the person are present.  426
Each judge shall render a decision at the end of each match or  427
exhibition. The judges shall determine the outcome of the match  428
or exhibition, and their decision shall be final.  429
       (E) Each contestant in a boxing match or exhibition shall  430
wear gloves weighing not less than six ounces during the boxing  431
match or exhibition.  432
       Sec. 3773.51. The Ohio athletic commission director of  433
commerce shall appoint from among licensed referees, physicians,  434
timekeepers, and judges the officials for public boxing matches  435
and exhibitions held under sections 3773.31 to 3773.57 of the  436
H. B. No. 538  Page 16
As Introduced
Revised Code. These officials shall be employed by the  437
commission director as provided in section 3773.56 of the  438
Revised Code and shall be paid by the person conducting the  439
match or exhibition.  440
       Sec. 3773.52. The Ohio athletic commission director of  441
commerce shall employ inspectors to attend each public boxing  442
match or exhibition held under a permit issued under section  443
3773.38 of the Revised Code. Only one inspector shall be  444
assigned to any one facility for any one match or exhibition.  445
Any member of the commission may act as an inspector, and when  446
acting as an inspector shall be paid as provided in this  447
section.  448
       The inspector shall monitor the sale of tickets from the  449
premises box office on the day of the match or exhibition and,  450
immediately following the counting of the gross proceeds, obtain  451
a box office statement from the person conducting the match or  452
exhibition and mail it to the commissionadministrator of  453
athletics. The inspector shall have complete access to any  454
books, records, and papers pertaining to the match or  455
exhibition.  456
       The inspector shall give bond in the sum of five thousand  457
dollars with sufficient sureties to be approved by and made  458
payable to the treasurer of state. The bond shall be filed with  459
the secretary of state. The compensation of such inspector for  460
attending a match or exhibition, and the inspector's actual and  461
necessary travel expenses, shall be charged to the holder of the  462
permit at whose facility the inspector serves. The inspector  463
shall be paid a salary fixed in accordance with Chapter 124. of  464
the Revised Code.  465
       The inspector may order a prize, remuneration, purse, or  466
H. B. No. 538  Page 17
As Introduced
any part thereof withheld from a contestant if the inspector  467
believes the contestant did not compete to the best of the  468
contestant's ability. The inspector shall file any charges with  469
the commission which shall hold an adjudication under Chapter  470
119. of the Revised Code and issue a final order within thirty  471
days after the inspector files charges.  472
       If the commission finds that the contestant did not  473
compete to the best of the contestant's ability, it, or the  474
administrator when authorized by the commission, may revoke the  475
contestant's license. When a license is so revoked, any prize,  476
remuneration, purse, or part thereof that the contestant  477
otherwise would have received shall be paid to the commission  478
and shall become the property of the state.  479
       Sec. 3773.53. The On receiving a complaint of a violation  480
of sections 3773.31 to 3773.57 of the Revised Code or a rule  481
adopted by the Ohio athletic commission, the commission shall  482
conduct an investigation of the complaint. If the commission  483
finds reasonable cause to believe a violation occurred, the  484
commission shall conduct a hearing in accordance with Chapter  485
119. of the Revised Code to determine if a violation occurred.  486
If the commission finds a violation occurred, the commission may  487
revoke, or      suspend, or and the administrator of athletics may  488
refuse to renew, any license issued under sections 3773.31 to  489
3773.57 of the Revised Code in accordance with Chapter 119. of  490
the Revised Code if the licensee:  491
       (A) Has committed an act detrimental to any sport  492
regulated by this chapter or to the public interest,  493
convenience, or necessity;  494
       (B) Is associating or consorting with any person who has  495
been convicted of a crime involving the sports regulated by the  496
H. B. No. 538  Page 18
As Introduced
commission, including a conviction under sectionssection  497
2913.02, 2915.05, or 2921.02 of the Revised Code;  498
        (C) Is or has been consorting with bookmakers or gamblers,  499
or has engaged in similar pursuits;  500
        (D) Is financially irresponsible;  501
        (E) Has been found guilty of any fraud or  502
misrepresentation in connection with any sport regulated by this  503
chapter;  504
        (F) Has violated any law with respect to any sport  505
regulated by this chapter or any rule or order of the  506
commission;  507
        (G) Has been convicted of or pleaded guilty to a violation  508
of sectionssection 2913.02, 2915.05, or 2921.02 of the Revised  509
Code;  510
        (H) Has engaged in any other activity that the commission  511
determines is detrimental to any sport regulated by this  512
chapter;  513
        (I) Has otherwise violated sections 3773.31 to 3773.57 of  514
the Revised Code or any rules adopted under those sections.  515
        The commission, in accordance with Chapter 119. of the  516
Revised Code and in addition to any other action it may take  517
under this chapter, may impose a fine in an amount to be  518
determined by rule of the commission adopted under Chapter 119.  519
of the Revised Code against any person licensed under sections  520
3773.31 to 3773.57 of the Revised Code for a violation of any of  521
these sections or a violation of any rule or order of the  522
commission. The amount of fines collected shall be deposited  523
into the general revenue fund.  524
H. B. No. 538  Page 19
As Introduced
       Sec. 3773.54. No person who conducts a public boxing match  525
or exhibition to which sections 3773.31 to 3773.57 of the  526
Revised Code apply shall fail to mail to the Ohio athletic  527
commission administrator of athletics a written report that  528
shows the number of tickets sold for the match or exhibition and  529
the amount of gross proceeds within twenty-four hours after the  530
determination of the outcome of the match or exhibition. The  531
person shall pay to the commission administrator a tax of five  532
per cent of the gross proceeds from the sale of tickets to the  533
match or exhibition. The Ohio athletic commission shall adopt  534
rules concerning the time of payment of such taxes. Such taxes  535
shall be levied for the purpose of providing revenue with which  536
the state may regulate boxing, kick boxing, karate, tough man  537
contests or tough guy contests, wrestling, and any other form of  538
boxing or martial arts.  539
       The commissionadministrator, before granting a promoter's  540
license under section 3773.36 of the Revised Code to any person  541
other than a promoter of professional wrestling, shall obtain  542
from the applicant a bond in the sum of not less than one  543
thousand dollars, to be approved in form and sufficiency of its  544
sureties by the treasurer of state. The bond shall be payable to  545
the treasurer of state and shall be conditioned for the payment  546
of the tax imposed by this section. Upon the filing and approval  547
of the bond, the treasurer of state shall issue to the applicant  548
two copies of a certificate verifying the filing and approval.  549
The applicant shall file one copy in the office of the  550
commission administrator with the license application. No  551
license shall be issued until the certificate is filed.  552
       Sec. 3773.55. If any person fails to make a report  553
relating to a public boxing match or exhibition that is required  554
under sections 3773.31 to 3773.57 of the Revised Code, or files  555
H. B. No. 538  Page 20
As Introduced
a report under section 3773.54 of the Revised Code that the Ohio  556
athletic commission administrator of athletics finds  557
unsatisfactory, the commission administrator may examine or  558
cause to be examined the books and records of such person. The  559
commission administrator may also subpoena and examine under  560
oath any persons to determine the amount of gross proceeds for a  561
match or exhibition and the amount of tax due.  562
       If a person who conducts a public boxing match or  563
exhibition under sections 3773.31 to 3773.57 of the Revised Code  564
does not pay the tax due on or before the date prescribed by the  565
commissionadministrator, the person shall pay interest on the  566
amount of tax due at a rate of five per cent per month, up to a  567
maximum of twenty-five per cent. The commission administrator  568
shall send a notice of delinquency to such a taxpayer. A  569
delinquent taxpayer may be disqualified from receiving a new  570
license. Any delinquent taxpayer who does not pay the tax due  571
and the interest on it within twenty days after the notice of  572
delinquency was mailed is in default on such taxes and interest.  573
Any expenses incurred by the commission administrator in making  574
examinations of the books and records of a taxpayer who is in  575
default on such taxes and interest for a period of twenty days  576
after the default occurred shall be paid by the taxpayer. The  577
attorney general shall institute suit upon the bond filed  578
pursuant to section 3773.35 of the Revised Code by a person who  579
has defaulted on such taxes, interest, and expenses in order to  580
recover such taxes, interest, and expenses.  581
       Sec. 3773.56. The Ohio athletic commission director of  582
commerce may appoint an executive director and employ such  583
persons as are necessary to administer sections 3773.31 to  584
3773.57 and Chapter 4771. of the Revised Code and fix their  585
compensation. Such executive director and employees shall serve  586
H. B. No. 538  Page 21
As Introduced
in the unclassified status and at the pleasure of the  587
commissiondirector.  588
       All receipts received by the Ohio athletic commission or  589
the administrator of athletics under sections 3773.31 to 3773.57  590
of the Revised Code shall be deposited in the occupational  591
licensing and regulatory fund. All vouchers of the commission  592
shall be approved by the chairperson of the commission.  593
       Sec. 3773.57. The Ohio athletic commission and the  594
commission's executive director administrator of athletics shall  595
not issue a license or permit to conduct public boxing or  596
wrestling matches or exhibitions in a municipal corporation or  597
the unincorporated portion of a township if the commission or  598
the commission's executive director administrator determines  599
that the legislative authority of the municipal corporation or  600
board of township trustees has in effect an ordinance or  601
resolution prohibiting such matches or exhibitions.  602
       Sec. 3773.59. On receipt of a notice pursuant to section  603
3123.43 of the Revised Code, the Ohio athletic commission and  604
the administrator of athletics shall comply with sections  605
3123.41 to 3123.50 of the Revised Code and any applicable rules  606
adopted under section 3123.63 of the Revised Code with respect  607
to a license issued pursuant to this chapter.  608
       Sec. 4771.02. (A) No athlete agent shall enter into an  609
agent contract with an athlete unless the agent complies with  610
all of the following agent contract requirements:  611
       (1) The agent contract is in writing on a form approved by  612
the Ohio athletic commission and includes all agreements between  613
the parties.  614
       (2) The agent contract includes in boldface, twelve-point  615
H. B. No. 538  Page 22
As Introduced
type, on the initial page of the agent contract, the following  616
language:  617
       "The athlete agent entering this agreement is registered  618
to serve as an athlete agent with the Ohio athletic  619
commissionunder Chapter 4771. of the Revised Code. Registration  620
of an athlete agent under Chapter 4771. of the Revised Code that  621
chapter does not imply approval by the commission of the terms  622
and conditions of this contract or the competence of the athlete  623
agent."  624
       (3) The agent contract includes the following language in  625
boldface, twelve-point type, near the space provided for an  626
athlete to sign or otherwise acknowledge agreement to the terms  627
of the contract:  628
       "Warning to the student athlete: when you sign this  629
contract, you may immediately lose your eligibility to compete  630
in any amateur or intercollegiate athletics. Accordingly, you  631
must give written notice that you have entered into this  632
contract to the athletic director or person of similar position  633
at the educational institution or institution of higher  634
education in which you are enrolled, or to which you have  635
formally acknowledged your plans to attend, prior to the earlier  636
of participating in or practicing for an officially sanctioned  637
athletic competition or intercollegiate athletic event, or  638
seventy-two hours after entering into this contract.  639
       Do not sign this contract until you have read it and  640
filled in any blank spaces. Under Ohio law, as a student athlete  641
signing this contract, you have the right to rescind this  642
contract for a period of up to ten days after the latest of the  643
following occurrences:  644
H. B. No. 538  Page 23
As Introduced
       (a) The date the contract is signed;  645
       (b) The date the athletic director or person of similar  646
position at the educational institution or institution of higher  647
education in which you are enrolled, or have acknowledged plans  648
to attend, receives notice of this contract; or  649
       (c) The last date you participate in an officially  650
sanctioned athletic competition or intercollegiate athletic  651
event if no notice of this contract is provided to the athletic  652
director or person of similar position.  653
       Despite cancellation of this contract, the educational  654
institution, institution of higher education, or intercollegiate  655
athletic association or conference to which your institution of  656
higher education belongs may not restore your eligibility to  657
participate in amateur or intercollegiate athletics. If you sign  658
this contract prior to the last officially sanctioned athletic  659
competition or intercollegiate athletic event you participate in  660
and fail to notify your institution of this contract, your  661
athletic team may be required to forfeit all games in which you  662
participated after signing. Such action also may cause your  663
athletic team to be declared ineligible for post-season play."  664
       (4) The athlete agent agrees in the agent contract to  665
provide written notice of the agent contract to the athletic  666
director or person of similar position at the educational  667
institution or institution of higher education in which the  668
athlete is enrolled prior to the earlier of the time the athlete  669
next participates in or practices for an officially sanctioned  670
athletic competition or intercollegiate athletic event after  671
entering that agent contract, or seventy-two hours after  672
entering that agent contract.  673
H. B. No. 538  Page 24
As Introduced
       (5) All terms and conditions contained in the agent  674
contract comply with state and federal law.  675
       (B) A provision in an agent contract that provides for the  676
resolution of any controversy in connection with the contract by  677
arbitration is void and unenforceable unless both of the  678
following apply:  679
       (1) The provision is contained in an agent contract  680
between an athlete agent and an athlete for whom the athlete  681
agent undertakes to secure employment.  682
       (2) The provision is included in the agent contract  683
pursuant to a rule, regulation, or contract of a bona fide labor  684
union or organization that regulates the relations of its  685
members with athlete agents.  686
       (C) An athlete and athlete agent who enter an agent  687
contract each shall provide written notice of that agent  688
contract to the athletic director or person of similar position  689
at the educational institution or institution of higher  690
education in which the athlete is enrolled prior to the earlier  691
of the time the athlete next participates in or practices for an  692
officially sanctioned athletic competition or intercollegiate  693
athletic event after entering that agent contract, or seventy-  694
two hours after entering that agent contract.  695
       Sec. 4771.05. (A) The Ohio athletic commission,  696
established administrator of athletics, appointed under section  697
3773.33 of the Revised Code, shall do all of the following:  698
       (A)(1) Review the application form of an applicant for  699
registration as an athlete agent;  700
       (B)(2) Issue and renew biennial certificates of  701
registration for an athlete agent pursuant to this chapter;  702
H. B. No. 538  Page 25
As Introduced
       (C)(3) Maintain records of every athlete agent registered  703
in this state, including the agent's business and residential  704
address, and the date and number of the agent's registration;.  705
       (D)(B) The Ohio athletic commission, established under  706
section 3773.33 of the Revised Code, shall do all of the  707
following:  708
       (1) Establish an application form to be completed by an  709
individual seeking registration as an athlete agent;  710
       (E)(2) Establish a fee for the registration, and renewal  711
of the registration, of an individual as an athlete agent in an  712
amount necessary to generate sufficient funds to cover the cost  713
of administering and enforcing this chapter;  714
       (F)(3) Adopt rules in accordance with Chapter 119. of the  715
Revised Code to carry out the purposes of this chapter.  716
       Sec. 4771.07. (A) Each individual who desires to serve as  717
an athlete agent within this state shall first file an  718
application for registration with the Ohio athletic  719
commissionadministrator of athletics. The applicant shall apply  720
using a form prescribed by the Ohio athletic commission and  721
shall provide all the following information:  722
       (1) The name and residential address of the applicant;  723
       (2) The address of the primary location in which the  724
applicant wishes to conduct business as an athlete agent;  725
       (3) The type of business conducted or the occupation held  726
by the applicant during the five years immediately preceding  727
application;  728
       (4) The location and evidence of a trust fund established  729
in accordance with division (B) of section 4771.12 of the  730
H. B. No. 538  Page 26
As Introduced
Revised Code and rules adopted by the commission;  731
       (5) The name and address of all persons who have a  732
financial interest in the business operation of the applicant,  733
or who are compensated for the solicitation or recruitment of  734
athletes on behalf of the applicant, except for salaried  735
employees who receive no commission or bonus pursuant to any  736
agent or professional sports services contract;  737
       (6) Any other information deemed necessary by the  738
commission.  739
       (B) The applicant shall submit with the application for  740
registration an affidavit or certificate of completion  741
describing all formal training or practical experience completed  742
by the applicant in any of the following areas:  743
       (1) Contracts;  744
       (2) Contract negotiations;  745
       (3) Complaint resolution;  746
       (4) Arbitration;  747
       (5) Dispute resolution.  748
       An attorney admitted to practice law in this state shall  749
submit with the application a certificate of good standing  750
issued by the supreme court of Ohio in lieu of an affidavit or  751
certificate otherwise required under this division.  752
       (C) An applicant shall submit with the application for  753
registration an application fee in an amount determined by the  754
commission pursuant to division (F)(B)(2) of section 4771.05 of  755
the Revised Code and proof of one of the securities required  756
under section 477.11 4771.11 of the Revised Code.  757
H. B. No. 538  Page 27
As Introduced
        (D) An athlete agent shall notify the commission  758
administrator of any change in business location or address  759
during the period of application for registration or during the  760
period of time the registration of the athlete agent is valid.  761
        Sec. 4771.08. (A) Upon receipt of all the materials  762
required for application for registration under section 4771.07  763
of the Revised Code, the Ohio athletic commission administrator  764
of athletics shall evaluate the information provided and issue a  765
certificate of registration to the applicant, unless the  766
commission administrator finds that the applicant or an employee  767
or representative of the applicant has committed any of the acts  768
described in division (A) of section 4771.18 of the Revised  769
Code.  770
        Notwithstanding the requirements for a certificate of  771
registration under this chapter, the commission administrator  772
shall issue a certificate of registration in accordance with  773
Chapter 4796. of the Revised Code to an applicant if either of  774
the following applies:  775
        (1) The applicant is registered in another state.  776
        (2) The applicant has satisfactory work experience, a  777
government certification, or a private certification as  778
described in that chapter as an athlete agent in a state that  779
does not issue that certificate of registration.  780
        (B) The commission administrator may issue a temporary  781
certificate of registration, effective for a period of up to  782
ninety days after the issuance of the temporary registration, to  783
a nonresident athlete agent who is registered as an athlete  784
agent in another state, or to a person who has not submitted all  785
the material required under section 4771.07 of the Revised Code,  786
H. B. No. 538  Page 28
As Introduced
but who the commission administrator determines to have  787
submitted sufficient material to warrant the issuance of a  788
temporary certificate. Chapter 4796. of the Revised Code does  789
not apply to a temporary certificate of registration issued  790
under this division.  791
       (C) The registration of an athlete agent with the  792
commission is valid for a period of two years after the date the  793
certificate of registration is issued. An athlete agent shall  794
file an application for the renewal of a registration with the  795
commission administrator at least thirty days prior to the  796
expiration of the registration of the athlete agent. An  797
application for renewal shall be accompanied by a renewal fee in  798
an amount determined by the Ohio athletic commission pursuant to  799
division (F)(B)(2) of section 4771.05 of the Revised Code.  800
       (D) Each certificate of registration issued by the  801
commission administrator to an athlete agent shall contain all  802
the following information:  803
       (1) The name of the athlete agent;  804
       (2) The address of the primary location in which the  805
athlete agent is authorized to conduct business as an athlete  806
agent;  807
       (3) A registration number for the athlete agent and the  808
date of issuance of the registration.  809
       (E) No registration or certificate of registration is  810
valid for any individual other than the athlete agent to whom it  811
is issued.  812
       (F) The commission is and the administrator are not liable  813
for the acts of an athlete agent who is registered with the  814
commissionunder this section.  815
H. B. No. 538  Page 29
As Introduced
       Sec. 4771.09. (A) The Ohio athletic commission  816
administrator of athletics may issue an eligible person a  817
certificate of convenience to conduct business as an athlete  818
agent when a registered athlete agent is deceased, or declared  819
incompetent or physically infirm by the judgment of a court of  820
competent jurisdiction. The commission administrator may issue a  821
certificate of convenience upon either receiving approval to do  822
so from a probate court or finding that the last will and  823
testament of the athlete agent specifically authorizes the  824
executor or administrator of estate to conduct the business of  825
the athlete agent.  826
       (B) The following persons are eligible to obtain a  827
certificate of convenience to conduct business on behalf of an  828
athlete agent:  829
       (1) The executor or administrator of the estate of the  830
deceased athlete agent;  831
       (2) The guardian of the estate of an athlete agent who has  832
been declared incompetent or the conservator appointed to manage  833
the estate of an athlete agent who has been declared physically  834
infirm.  835
       (C) A certificate of convenience is valid for ninety days  836
after the date it is issued. If the holder of a certificate of  837
convenience applies for registration as an athlete agent, the  838
commission administrator may renew the certificate of  839
convenience for a period of time the commission administrator  840
finds appropriate pending the commission's administrator's  841
determination whether to issue a certificate of registration as  842
an athlete agent to the holder of the certificate of  843
convenience.  844
H. B. No. 538  Page 30
As Introduced
       Sec. 4771.10. The Ohio athletic commission may require  845
each registered athlete agent to complete not more than six  846
hours of continuing education during a biennial registration in  847
programs to be determined or approved by the commission. If the  848
commission imposes continuing education requirements on athlete  849
agents, not less than two of the six hours of continuing  850
education shall be devoted to ethics.  851
       A continuing education program shall promote the ability  852
of an athlete agent to serve as an athlete agent in an ethical  853
and legal manner. A continuing education program may address  854
laws and rules governing athlete agents and rules and policies  855
established by an athletic conference or a collegiate athletic  856
organization. An athlete agent also may obtain credit for  857
continuing education by participating in or attending lectures,  858
courses at institutions of higher education, seminars, or rule-  859
making or disciplinary proceedings approved by the commission,  860
or by teaching a subject that pertains to the profession of an  861
athlete agent.  862
       If the commission requires athlete agents to fulfill  863
continuing education requirements under this section, the  864
commission shall adopt rules to carry out the purposes of this  865
section. The rules shall contain procedures by which the  866
commission or the administrator of athletics shall monitor an  867
athlete agent's compliance with the continuing education  868
requirements prior to renewal of an athlete agent's certificate  869
of registration.  870
       Sec. 4771.11. (A) Prior to issuing a certificate of  871
registration, the Ohio athletic commission administrator of  872
athletics shall require an athlete agent to submit proof of one  873
of the following securities:  874
H. B. No. 538  Page 31
As Introduced
       (1) A surety bond in the amount of fifteen thousand  875
dollars in favor of the state of Ohio for the benefit of any  876
person who is injured by a violation of this chapter or rules  877
adopted under this chapter;  878
       (2) A certificate of deposit in favor of, or a savings  879
account assigned to, the state of Ohio for the benefit of any  880
person that is injured by a violation of this chapter or rules  881
adopted under this chapter, in the amount of fifteen thousand  882
dollars;  883
       (3) Certification from an insurance carrier indicating  884
that the athlete agent has obtained professional malpractice  885
insurance in an amount equal to, or greater than, fifty thousand  886
dollars, or a lesser amount, as permitted by the  887
commissionadministrator.  888
       An athlete agent shall present evidence of a bond, a  889
certificate of deposit, an assigned savings account, or  890
professional malpractice insurance in the manner prescribed by  891
the Ohio athletic commission.  892
       (B) The commission administrator shall hold on deposit, as  893
an agent of the state, any surety bond or other form of security  894
deposited with the commission administrator by an athlete agent.  895
The commission administrator shall hold the security in trust  896
contingent on an athlete agent's compliance with all provisions  897
of this chapter including the payment of all moneys owed to an  898
athlete, group of athletes, educational institution, or  899
institution of higher education, and the payment of all damages  900
other than punitive damages due as the result of a misstatement,  901
misrepresentation, fraudulent act, deceit, or unlawful or  902
negligent act or omission by an athlete agent in the course of  903
serving as an athlete agent, or by a representative or employee  904
H. B. No. 538  Page 32
As Introduced
of an athlete agent when the representative or employee acted  905
within the scope of the representative's or employee's  906
authority. The commission administrator may use funds held on  907
deposit for an athlete agent to pay debts owed by an athlete  908
agent as described in this division pursuant to a court or  909
administrative order specifying the obligation of the athlete  910
agent.  911
       (C) Nothing in this section shall be construed to limit  912
the liability of an athlete agent to the amount of the surety  913
bond, malpractice coverage, or other security held on deposit by  914
the commissionadministrator.  915
       (D) An athlete agent shall maintain the security required  916
under this section. If an athlete agent fails to maintain the  917
security as required under this section, the commission  918
administrator shall suspend the registration of the athlete  919
agent until the athlete agent provides evidence of the bond,  920
certificate of deposit, assigned savings account, or  921
professional malpractice insurance, as required under this  922
section.  923
       (E) The liability of the surety on a bond described in  924
division (A) of this section shall not exceed the sum of fifteen  925
thousand dollars in the aggregate for all persons who are  926
injured by any and all violations of this chapter or rules  927
adopted under this chapter.  928
       (F) A surety may cancel a bond described in division (A)  929
of this section after mailing a written notice to the athlete  930
agent and the commission administrator stating that the bond  931
cancels sixty days after that notice is mailed. The liability of  932
the surety for acts of the athlete agent continues during that  933
sixty-day period. The cancellation notice does not absolve the  934
H. B. No. 538  Page 33
As Introduced
surety from liability that accrues before the cancellation date  935
but that is discovered after that date.  936
       (G) The commission administrator shall return the surety  937
bond or other form of security held by the commission  938
administrator under this section to the athlete agent submitting  939
the bond or security, two years after the person ceases to serve  940
as an athlete agent in this state.  941
       Sec. 4771.12. (A) Fees charged by an athlete agent for  942
services provided to an athlete may be negotiated between the  943
parties.  944
       (B)(1) Except as provided in division (B)(2) of this  945
section, an athlete agent shall establish an interest-bearing  946
trust fund or similar account in a depository approved by the  947
Ohio athletic commission to be used for the deposit of all  948
revenues received on behalf of an athlete. An athlete agent  949
shall deposit any revenue received on behalf of an athlete in  950
the interest-bearing trust fund or account. The athlete agent  951
shall notify the commission administrator of athletics of the  952
address and location of the trust fund or account and the  953
depository in which it is located.  954
       (2) An athlete agent who is an attorney licensed to  955
practice law in this state may deposit any revenue received on  956
behalf of an athlete in a trust account already maintained by  957
the agent attorney in a financial institution in this state for  958
the deposit of revenue received on behalf of clients.  959
       (C) No athlete agent shall share fees with any person  960
other than an employee of the athlete agent. If an athlete agent  961
shares a fee with an employee, the athlete agent shall obtain  962
written consent from the athlete prior to entering a fee  963
H. B. No. 538  Page 34
As Introduced
agreement with the athlete. No athlete agent shall enter fee  964
agreements that are prohibited under this chapter.  965
       (D) If an athlete agent collects a fee or expense from an  966
athlete as consideration for obtaining employment for the  967
athlete, and the athlete agent fails to procure such employment,  968
the agent shall retain only the following portion of the fee or  969
expense:  970
       (1) The cost of reasonable expenses incurred by the  971
athlete agent during the course of representing the athlete in  972
efforts to obtain employment for the athlete;  973
       (2) A negotiated fee in connection with instances where  974
the athlete receives a bonus or some compensation for signing a  975
professional sports services contract.  976
       (E) Nothing in this section shall be construed to limit  977
the authority of the Ohio supreme court to establish or regulate  978
fees for activities considered to be the practice of law.  979
       Sec. 4771.13. No athlete agent shall act on behalf of an  980
athlete as a "dealer" or "investment advisor," as defined in  981
section 1707.01 of the Revised Code, unless the athlete agent  982
complies with Chapter 1707. of the Revised Code.  983
       An athlete agent shall disclose to an athlete and the Ohio  984
athletic commission administrator of athletics any ownership  985
interest the athlete agent has in an entity referred to by the  986
athlete agent in advising the athlete concerning investments. An  987
athlete agent shall disclose any commissions or fees the athlete  988
agent may receive as a result of an investment decision made by  989
an athlete in response to investment advice from the athlete  990
agent.  991
       Sec. 4771.14. (A) An athlete agent shall maintain all of  992
H. B. No. 538  Page 35
As Introduced
the following records:  993
       (1) The name and address of each athlete for whom the  994
athlete agent performs services as an athlete agent in exchange  995
for compensation;  996
       (2) The amount of fees or compensation received for the  997
performance of services for each athlete;  998
       (3) A copy of the contract entered into between the  999
athlete agent and each athlete;  1000
       (4) Any other information the Ohio athletic commission or  1001
the administrator of athletics finds appropriate in connection  1002
with the provision of services by an athlete agent.  1003
       (B) An athlete agent shall maintain all records required  1004
to be maintained pursuant to this section, in a manner that the  1005
commission shall prescribe, for a period of five years.  1006
       (C) No athlete agent or employee or representative of an  1007
athlete agent shall make, or cause to be made, any false records  1008
or records containing false information.  1009
       (D) All financial records, financial books, and other  1010
records not subject to the attorney-client privilege that are  1011
required to be maintained pursuant to this chapter shall be open  1012
to inspection by the commission, the administrator, and its  1013
their representatives, upon reasonable notice, at the pleasure  1014
of the commission or the administrator.  1015
       Sec. 4771.16. No athlete agent shall publish or cause to  1016
be published any false, fraudulent, or misleading notice,  1017
advertisement, or information with knowledge that it is false,  1018
fraudulent, or misleading. All advertisements of an athlete  1019
agent shall contain the name and registered business address of  1020
H. B. No. 538  Page 36
As Introduced
the athlete agent and some indication that the athlete agent is  1021
registered with the Ohio athletic commissionunder this chapter.  1022
       As used in this section, "advertisement" includes  1023
circulars, signs, newspaper or magazine publications, or other  1024
oral or written communication that names the athlete agent in  1025
connection with the provision of services as an athlete agent.  1026
       Sec. 4771.18. (A) The Ohio athletic commission  1027
administrator of athletics may, except as provided in division  1028
(B) of this section, refuse to grant or renew a registration, or  1029
and the Ohio athletic commission may suspend or revoke a  1030
registration of an athlete agent, in accordance with Chapter  1031
119. of the Revised Code, upon proof satisfactory to the  1032
administrator or the commission that the athlete agent or an  1033
employee or representative of the athlete agent has done any of  1034
the following:  1035
       (1) Made false or misleading statements of a material  1036
nature in an application for registration as an athlete agent;  1037
       (2) Been convicted of or pleaded guilty to an offense in  1038
connection with the person's service as an athlete agent in this  1039
or another state;  1040
       (3) Been convicted of or pleaded guilty to an offense  1041
involving illegal gambling;  1042
       (4) Engaged in conduct that has a significant adverse  1043
impact on the applicant's credibility, integrity, or competence  1044
to serve in a fiduciary capacity;  1045
       (5) Misappropriated funds or engaged in other specific  1046
conduct that would render the applicant unfit to serve in a  1047
fiduciary capacity, including being convicted of or pleading  1048
guilty to offenses involving embezzlement, theft, or fraud;  1049
H. B. No. 538  Page 37
As Introduced
       (6) Violated a provision of this chapter or a rule adopted  1050
under this chapter.  1051
       (B) The commission administrator shall not refuse to issue  1052
a registration to an applicant because of a conviction of or  1053
plea of guilty to an offense unless the refusal is in accordance  1054
with section 9.79 of the Revised Code.  1055
       (C) Upon receiving a complaint of a violation of this  1056
chapter or a rule adopted under it, the commission shall conduct  1057
an investigation of the complaint. If the commission finds  1058
reasonable cause to believe a violation occurred, the commission  1059
shall conduct a hearing in accordance with Chapter 119. of the  1060
Revised Code to determine if a violation occurred. If the  1061
commission finds a violation occurred, the commission may  1062
suspend or revoke, or the administrator may refuse to issue or  1063
renew, the registration of an athlete agent for such period of  1064
time as the commission or administrator finds appropriate.  1065
       Upon completion of an investigation, if the commission  1066
finds no reasonable grounds to believe a violation occurred, the  1067
commission shall certify without a hearing that no violation  1068
occurred. The commission shall serve the certification on all  1069
parties addressed in the complaint by certified mail, return  1070
receipt requested. The certification shall be considered a final  1071
resolution of the matter if no objection to the certification is  1072
filed. A party involved in the complaint may file an objection  1073
to the certification with the commission within ten days after  1074
the date the certification is mailed. If a party files an  1075
objection to the certification within the prescribed period, the  1076
commission, within its discretion, may conduct a hearing in  1077
accordance with Chapter 119. of the Revised Code to determine if  1078
a violation occurred.  1079
H. B. No. 538  Page 38
As Introduced
       Sec. 4771.21. Any person who conducts business in this  1080
state as an athlete agent consents to the jurisdiction of the  1081
courts of this state, whether or not the person is registered as  1082
an athlete agent with the Ohio athletic commissionunder this  1083
chapter.  1084
       If an athlete agent conducts business in this state and  1085
thereafter leaves this state with intent to defraud creditors or  1086
to avoid service of process in an action brought under this  1087
chapter, the athlete agent thereby makes the secretary of state  1088
of the state of Ohio the agent of the athlete agent for purposes  1089
of service of process in any civil action or proceeding  1090
instituted in the courts of this state against the athlete agent  1091
arising out of, or by reason of, the athlete agent's conduct  1092
within this state. This appointment is irrevocable.  1093
       The process shall be served by the officer to whom the  1094
process is directed or by the sheriff of Franklin county. The  1095
process shall be served as follows:  1096
       (A) Upon the secretary of state by leaving the process and  1097
a true and attested copy of the process at the office of the  1098
secretary of state, at least fifteen days before the return day  1099
of the process; and  1100
       (B) By sending to the defendant, at the defendant's last  1101
known address, by registered mail, postage prepaid, a like true  1102
and attested copy of the process, with an indorsement on the  1103
process of the service upon the secretary of state. The  1104
registered mail return receipt of the defendant shall be  1105
attached to and made a part of the return of service of the  1106
process.  1107
       Sec. 4771.22. The Ohio athletic commission and the  1108
H. B. No. 538  Page 39
As Introduced
administrator of athletics shall deposit all money it receives  1109
they receive under this chapter to the credit of the  1110
occupational licensing and regulatory fund, created under  1111
section 4743.05 of the Revised Code.  1112
  Sec. 4771.23. The Ohio athletic commission and the  1113
administrator of athletics shall comply with section 4776.20 of  1114
the Revised Code.  1115
  Section 2. That existing sections 3773.33, 3773.34,  1116
3773.35, 3773.36, 3773.37, 3773.38, 3773.39, 3773.40, 3773.41,  1117
3773.42, 3773.421, 3773.43, 3773.45, 3773.51, 3773.52, 3773.53,  1118
3773.54, 3773.55, 3773.56, 3773.57, 3773.59, 4771.02, 4771.05,  1119
4771.07, 4771.08, 4771.09, 4771.10, 4771.11, 4771.12, 4771.13,  1120
4771.14, 4771.16, 4771.18, 4771.21, 4771.22, and 4771.23 of the  1121
Revised Code are hereby repealed.  1122
  Section 3. All items in this act are hereby appropriated  1123
as designated out of any moneys in the state treasury to the  1124
credit of the designated fund. For all operating appropriations  1125
made in this act, those in the first column are for fiscal year  1126
2026 and those in the second column are for fiscal year 2027.  1127
The operating appropriations made in this act are in addition to  1128
any other operating appropriations made for these fiscal years.  1129
  Section 4.  1130
  1131
     1  2  3  4  5
A  COM DEPARTMENT OF COMMERCE
B   Dedicated Purpose Fund Group
C   4K90 800633 Athletic Commission  $1,000,000  $0
H. B. No. 538  Page 40
As Introduced
D   Dedicated Purpose Fund Group Total  $1,000,000  $0
E   TOTAL ALL BUDGET FUND GROUPS  $1,000,000  $0
       ATHLETIC COMMISSION  1132
       The foregoing appropriation item 800633, Athletic  1133
Commission, shall be used to carry out the responsibilities of  1134
the Athletic Commission.  1135
       CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE  1136
OCCUPATIONAL LICENSING AND REGULATORY FUND  1137
       On the effective date of this section, or as soon as  1138
possible thereafter, the Director of Budget and Management shall  1139
transfer $1,000,000 cash from the General Revenue Fund to the  1140
Occupational Licensing and Regulatory Fund (Fund 4K90).  1141
       Any unexpended and unencumbered portion of the foregoing  1142
appropriation item 800633, Athletic Commission, remaining at the  1143
end of fiscal year 2026 is hereby reappropriated for the same  1144
purpose in fiscal year 2027.  1145
       Section 5. Within the limits set forth in this act, the  1146
Director of Budget and Management shall establish accounts  1147
indicating the source and amount of funds for each appropriation  1148
made in this act, and shall determine the manner in which  1149
appropriation accounts shall be maintained. Expenditures from  1150
operating appropriations contained in this act shall be  1151
accounted for as though made in, and are subject to all  1152
applicable provisions of, H.B. 96 of the 136th General Assembly.  1153
       Section 6. (A) With respect to any business commenced but  1154
not completed by the Executive Director of the Ohio Athletic  1155
Commission on the effective date of this section, that business  1156
H. B. No. 538  Page 41
As Introduced
shall be completed by the Director of Commerce or the  1157
Administrator of Athletics in the same manner, and with the same  1158
effect, as if completed by the Executive Director.  1159
       (B) Wherever the Executive Director is referred to in any  1160
law, contract, or other document, the reference shall be deemed  1161
to refer to the Director or the Administrator.  1162
       (C) On the effective date of this section, both of the  1163
following apply:  1164
       (1) Subject to the lay-off provisions of sections 124.321  1165
to 124.328 of the Revised Code, all of the Commission's  1166
employees are transferred to the Department of Commerce and  1167
retain their positions and all of the benefits accruing thereto.  1168
       (2) All of the Commission's employment records, equipment,  1169
and assets shall be transferred to the Department.  1170
       (D) Any action or proceeding pending on the effective date  1171
of this section shall be prosecuted or defended in the name of  1172
the Director or the Administrator. In all such actions and  1173
proceedings, the Director or Administrator, on application to  1174
the court, shall be substituted as a party.  1175
       Section 7. Sections 1, 2, and 6 of this act take effect  1176
ninety days after the effective date of this section.  1177
       Section 8. Beginning on the effective date of this  1178
section, the number of regulatory restrictions permitted in this  1179
state pursuant to section 121.953 of the Revised Code shall be  1180
increased by the number of regulatory restrictions contained in  1181
rules adopted by the Ohio Athletic Commission that are in effect  1182
on the effective date of this section.  1183