Bill Summary for H 334 (2011-2012)

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Summary date: 

Jun 28 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 334 (Public) Filed Thursday, March 10, 2011
Intro. by Insko.

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Bill summary

Senate committee substitute makes the following changes to 2nd edition. Completely rewrites bill, with new title: TO STRENGTHEN THE UNIFORM ATHLETE AGENTS ACT, TO AMEND THE LAWS DEALING WITH LICENSURE OF PERSONS ENGAGING IN THE PRACTICE OF NATURAL HAIR CARE, AND TO AMEND THE SUPPLEMENTAL LAW ENFORCEMENT AUTHORITY OF DIVISION OF MOTOR VEHICLE OFFICERS. Rewrites GS 78C-89(b), to provide registration requirements for out-of-state athlete agents or applicants, to require that all applicants submit with their applications either a cash bond or proof of a trust fund in favor of the state of North Carolina, in the amount of $50,000 for initial registration and $25,000 for each of the first two renewal applications. The amount is available to satisfy an award or judgment to the educational institution arising from the agent’s violation of the article. Specifies terms of return of the bond or fund amount to the agent. Amends GS 78C-94 to require that a student-athlete’s signature on an agency contract be acknowledged before a notary public. Rewrites GS 78C-97 to substantially expand the kinds of records an athlete agent must retain for five years. Requires an agent entering an agency contract with a former NC student athlete, if it is the athlete’s first contract, to provide a copy to the Secretary of State within 5 business days. Also requires an agent to report to the Secretary within 5 business days after being contacted by someone with an expectation of gain, profit, or reimbursement of expenses from the agency contract with a NC student-athlete. Amends GS 78C-98(b) to prohibit athlete agents from providing anything of value to a student-athlete (or the athlete’s spouse, parent, child, sibling, or guardian) before the athlete enters an agency contract. Adds new GS 78C-98.1 imposing the same prohibition on all other persons, along with a prohibition against advising or influencing a student-athlete’s selection of a specific agent with an expectation of profit or other benefit, but the prohibitions do not apply to the athlete’s spouse, parent, sibling, grandparent, or guardian or the educational institution he or she attends. Rewrites GS 78C-101 to authorize the Secretary of State to assess, for each violation of the article, a civil penalty of between $10,000 and $25,000 (previously, up to $25,000) and to seek injunctive or other relief to enforce the article.
Rewrites section 13 of SL 2009-251, as amended by section 24 of SL 2011-26, to extend from two years to three years the period after July 1, 2010, that persons practicing natural hair care and meeting other licensure requirements may apply for licensure without completing training and examination requirements that otherwise would apply.
Rewrites GS 20-49.1 to (1) authorize motor vehicle officers to enforce criminal laws when they have probable cause to believe someone has committed a criminal act in their presence, regardless of whether they are engaged at the time in enforcing laws otherwise in their jurisdiction and (2) add authority for such officers to (i) perform other duties as peace officers, as directed by the Governor and (ii) on their own motion or at request of a sheriff or local police authority, investigate crimes occurring on property, equipment, or materials owned or leased by the Department of Transportation and to make related arrests.
Changes relating to athlete agents effective December 1, 2012, and apply to contracts entered into or offenses committed on or after that date. Remainder of the act effective when it becomes law.