SB 3261

THE SENATE
S.B. NO.
3261
THIRTY-THIRD LEGISLATURE, 2026
S.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ATHLETE AGENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Section 481Z-2, Hawaii Revised Statutes, is
amended as follows:
���� 1.� By adding a new definition to be
appropriately inserted and to read:
���� ""Professional
representation" means providing advisory, negotiation, or procurement
assistance to or on behalf of a person relating to endorsements;
promotional or marketing services; appearances; autographs; social media
branding; content creation or distribution; licensing of publicity rights;
brand development, sponsorship, or promotional arrangements; or agreements
related to the name, image, or likeness of the person."
���� 2.� By amending the definitions of "agency
contract" and "athlete agent" to read:
���� ""Agency
contract" means an agreement in which a student athlete authorizes a
person to negotiate or solicit on behalf of the athlete a
professional-sports-services contract or endorsement contract[[.]],
including providing professional representation to the athlete."
���� "Athlete
agent":
���� (1)� Means an individual, whether or not
registered under this chapter, who:
��������� (A)� Directly or indirectly recruits or
solicits a student athlete to enter into an agency contract or, for
compensation, procures employment or offers, promises, attempts, or negotiates
to obtain employment for a student athlete as a professional athlete or member
of a professional sports team or organization;
��������� (B)� For compensation or in anticipation of
compensation related to a student athlete's participation in athletics:
�������������� (i)� Serves the athlete in an advisory
capacity on a matter related to finances, business pursuits, or career
management decisions, unless the individual is an employee of an educational
institution acting exclusively as an employee of the institution for the benefit
of the institution; or
������������� (ii)� Manages the business affairs of the
athlete by providing assistance with bills, payments, contracts, or taxes; [[or]]
��������� (C)� For compensation or in anticipation of
compensation, provides professional representation to a student athlete; or
������� [[(C)]]� (D)� In anticipation of representing a
student athlete for a purpose related to the athlete's participation in
athletics:
�������������� (i)� Gives consideration to the student
athlete or another person;
������������� (ii)� Serves the athlete in an advisory
capacity on a matter related to finances, business pursuits, or career
management decisions; or
������������ (iii)� Manages the business affairs of the
athlete by providing assistance with bills, payments, contracts, or taxes; and
���� (2)� Does not include an individual who:
��������� (A)� Acts solely on behalf of a professional
sports team or organization; or
��������� (B)� Is a licensed, registered, or certified
professional and offers or provides services to a student athlete customarily
provided by members of the profession, unless the individual:
�������������� (i)� Also recruits or solicits the athlete
to enter into an agency contract;
������������� (ii)� Also, for compensation, procures
employment or offers, promises, attempts, or negotiates to obtain employment
for the athlete as a professional athlete or member of a professional sports
team or organization; or
������������ (iii)� Receives consideration for providing
the services calculated using a different method than for an individual who is
not a student athlete."
���� 3.� By amending the definition of
"endorsement contract" to read:
���� ""Endorsement contract" means an
agreement under which a student athlete is employed or receives consideration
to use on behalf of the other party of any value that the student athlete may
have because of publicity, reputation, following, or fame obtained because of
athletic ability or performance.� For the
purposes of this definition, "value" includes the student athlete's
name, image, and likeness."
���� SECTION 2.� Section 481Z-4, Hawaii Revised Statutes, is amended
by amending subsection (a) to read as follows:
���� "(a)�
Except as otherwise provided in subsection (b), an individual may not
act as an athlete agent in this State, including
through the provision of professional representation to a student athlete, without holding a certificate of
registration under this chapter."
���� SECTION
3.� Section 481Z-10, Hawaii Revised
Statutes, is amended to read as follows:
���� "[[[]]�481Z-10[[]]]� Required form of
agency contract.� (a)� An agency contract shall be in a record
signed by the parties.
���� (b)
�An agency contract shall contain:
���� (1)� A statement that the athlete agent is
registered as an athlete agent in this State and a list of any other states in
which the agent is registered as an athlete agent;
���� (2)� The amount and method of calculating
the consideration to be paid by the student athlete for services to be provided
by the agent under the contract and any other consideration the agent has
received or will receive from any other source for entering into the contract
or providing the services;
���� (3)� The name of any person not listed in
the agent's application for registration or renewal of registration that will
be compensated because the athlete signed the contract;
���� (4)� A description of any expenses the
athlete agrees to reimburse;
���� (5)� A description of the services to be
provided to the athlete;
���� (6)� The duration of the contract; and
���� (7)� The date of execution.
���� (c)
�Subject to subsection (g), an agency
contract shall contain a conspicuous notice in boldface type and in
substantially the following form:
"WARNING TO STUDENT ATHLETE
IF YOU SIGN
THIS CONTRACT:
���� (1)� YOU MAY LOSE YOUR ELIGIBILITY TO
COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
���� (2)� IF YOU HAVE AN ATHLETIC DIRECTOR,
WITHIN SEVENTY-TWO HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT
SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH
YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE
ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE
ATHLETE AGENT; AND
���� (3)� YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN
DAYS AFTER SIGNING IT.� CANCELLATION OF
THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR
SPORT."
���� (d)
�An agency contract shall be accompanied
by a separate record signed by the student athlete or, if the athlete is a
minor, the parent or guardian of the athlete acknowledging that signing the
contract may result in the loss of the athlete's eligibility to participate in
the athlete's sport.
���� (e)� A student athlete or, if the athlete is a
minor, the parent or guardian of the athlete may void an agency contract that
does not conform to this section.� If the
contract is voided, any consideration received from the athlete agent under the
contract to induce entering into the contract is not required to be returned.
���� (f)� At the time an agency contract is
executed, the athlete agent shall give the student athlete or, if the athlete
is a minor, the parent or guardian of the athlete a copy in a record of the
contract and the separate acknowledgment required by subsection (d).
���� (g)
�If a student athlete is a minor, an
agency contract shall be signed by the parent or guardian of the minor and the
notice required by subsection (c) shall be revised accordingly.
���� (h)� Notwithstanding any other law to the
contrary, no person shall provide professional representation to a student
athlete unless the person is registered as an athlete agent in this State and
has a valid agency contract executed in compliance with this section."
���� SECTION
4.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION
5.� This Act shall take effect upon its
approval.
Report
Title:
Student Athletes;
Athlete Agents; Professional Representation; Registration; Agent Contract; Endorsement; Name,
Image, and Likeness
Description:
Prohibits any person from providing advisory, negotiation,
or procurement assistance to or on behalf of a student athlete relating to endorsements;
promotional or marketing services; appearances; autographs; social media
branding; content creation or distribution; licensing of publicity rights;
brand development, sponsorship, or promotional arrangements; or agreements
related to the name, image, or likeness of the student athlete, without being a registered athlete agent in the State
and having a valid agency contract executed in compliance with applicable law.�
(SD1)
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