4. Whether, within the prior ten years, the applicant was adjudicated bankrupt
or was an owner of a business that was adjudicated bankrupt.
5. Each state in which the applicant is registered or has applied for registration
as an athlete agent.
6. Details concerning the applicant's certification or registration by a
professional league or players association, including the date of any denial of an
application for, suspension or revocation of, refusal to renew, withdrawal of, or
termination of, the certification or registration or any reprimand or censure related
to the certification or registration.
The bill makes a number of changes to the requirements for reciprocal
registration of out-of-state athlete agents, including the following:
1. Eliminates the requirement that an out-of-state athlete agent must have
submitted his or her registration application to his or her home state within six
months before the submission of an application for reciprocal registration in
2. Requires DSPS to issue a certificate of registration to an applicant for
reciprocal registration who satisfies the application requirements set forth in the bill
and pays the initial credential fee if DSPS determines that the application and
registration requirements of the applicant's home state are substantially similar to
or more restrictive than the requirements in this state, the registration of the
applicant's home state has not been revoked or suspended, and no action involving
the applicant's conduct as an athlete agent is pending against the applicant or the
applicant's registration in any state.
3. Requires DSPS to develop a common reciprocal registration form with other
states and exchange information concerning athlete agents, including disciplinary
information, with the other states.
The bill requires that an agency contract between an athlete agent and a
student athlete specify the states in which the athlete agent is registered and be
accompanied by an acknowledgement of the student athlete that signing the agency
contract may make the student athlete ineligible to participate in athletics at an
The bill establishes a number of new notice requirements, including the
1. If an athlete agent enters into an agency contract with a student athlete and
the student athlete subsequently enrolls at an educational institution, the athlete
agent must notify the educational institution of the existence of the contract.
2. Under certain conditions, if an athlete agent has a prior relationship with
a student athlete and the student athlete enrolls at an educational institution and
receives an athletic scholarship, the athlete agent must notify the educational
institution of the relationship.
3. An athlete agent must notify the educational institution at which a student
athlete is enrolled before the athlete agent or another person on behalf of the athlete
agent communicates or attempts to communicate with the student athlete to
influence the student athlete to enter into an agency contract.
4. If a communication or attempt to communicate with an athlete agent is
initiated by a student athlete, the athlete agent must notify the educational
institution at which the student athlete is enrolled.
Under the bill, none of those notices are subject to disclosure under Wisconsin's
public records law.
Prohibited conduct and enforcement
The bill authorizes a student athlete, in addition to an educational institution,
to bring a civil action against an athlete agent for damages caused by a violation of
the laws governing athlete agents. The bill specifies the conditions under which the
civil action may be brought.
The bill prohibits an athlete agent from encouraging another person to engage
in conduct the athlete agent is prohibited from doing by law. The bill also provides
that any violation by an athlete agent of the laws governing athlete agents in
Wisconsin constitutes an unfair method of competition and unfair trade practice, and
the bill increases the maximum forfeiture amount for violations of the law by an
athlete agent from $25,000 to $50,000.
Parent or guardian
The bill extends application of the laws governing athlete agents and their
duties to and interactions with student athletes to the parent or guardian of a
student athlete if the student athlete is a minor.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
440.99 (2) of the statutes is repealed and recreated to read:
(a) “Athlete agent” means an individual, whether or not registered 3
under this act, who does any of the following:
1. Directly or indirectly recruits or solicits or, for compensation, procures 2
employment or offers, promises, attempts, or negotiates to obtain employment for a 3
student athlete as a professional athlete or member of a professional sports team or 4
2. For compensation or in anticipation of compensation in connection with a 6
student athlete's participation in athletics, does any of the following:
a. Serves the student athlete in an advisory capacity on a matter related to 8
finances, business pursuits, or career management decisions, unless the individual 9
is an employee of an educational institution acting exclusively as an employee of the 10
educational institution for the benefit of the educational institution.
b. Manages the business affairs of the student athlete by providing assistance 12
with bills, payments, contracts, or taxes.
3. In anticipation of representing a student athlete for a purpose related to the 14
student athlete's participation in athletics, does any of the following:
a. Gives consideration to the student athlete or another person.
b. Serves the student athlete in an advisory capacity on a matter related to 17
finances, business pursuits, or career management decisions.
c. Manages the business affairs of the student athlete by providing assistance 19
with bills, payments, contracts, or taxes.
(b) “Athlete agent” does not include the following:
1. An individual who acts solely on behalf of a professional sports team or 22
2. An individual who is a licensed, registered, or certified professional and 24
offers or provides services to a student athlete customarily provided by members of 25
the profession, unless the individual does any of the following:
a. Recruits or solicits.
b. For compensation, procures employment or offers, promises, attempts, or 3
negotiates to obtain employment for the student athlete as a professional athlete or 4
member of a professional sports team or organization.
c. Receives consideration for providing the services, and the consideration is 6
calculated using a different method than for an individual who is not a student 7
440.99 (4) of the statutes is repealed.
440.99 (4r) of the statutes is created to read:
“Educational institution” includes all of the following, whether 11
public or private:
(a) An elementary school.
(b) A secondary school.
(c) A technical or vocational school.
(d) A community college.
(e) A college.
(f) A university.
440.99 (5d) of the statutes is created to read:
“Enrolled” means registered for courses and attending athletic 20
practice or class. “Enrolls” has a corresponding meaning.
440.99 (6) of the statutes is amended to read:
“Intercollegiate sport" means a sport played at the collegiate level 23
for which eligibility requirements for participation by a student athlete are 24
established by a national association for the promotion or regulation of that promotes
440.99 (6c) of the statutes is created to read:
“Interscholastic sport” means a sport played between educational 3
institutions that are not community colleges, colleges, or universities.
440.99 (6r) of the statutes is created to read:
“Licensed, registered, or certified professional” means an 6
individual licensed, registered, or certified as an attorney, dealer in securities, 7
financial planner, insurance agent, real estate broker or sales agent, tax consultant, 8
accountant, or other member of a profession, other than that of athlete agent, who 9
is licensed, registered, or certified by this state or a nationally recognized 10
organization that licenses, registers, or certifies members of the profession on the 11
basis of experience, education, or testing.
440.99 (7) of the statutes is amended to read:
“Professional-sports-services contract" means an agreement under 14
which an individual is employed, as a professional athlete
or agrees to render 15
as a player on a professional sports team, or
with a professional sports 16
organization, or as a professional athlete
440.99 (8c) of the statutes is created to read:
“Recruit or solicit” means attempt to influence the choice of an 19
athlete agent or the choice to enter into an agency contract or both by a student 20
athlete or, if the student athlete is a minor, a parent or guardian of the student 21
athlete. The term does not include giving advice with respect to the selection of a 22
particular athlete agent or with respect to entering into an agency contract if the 23
advice is given in a family, coaching, or social situation, unless the individual giving 24
the advice does so because of the receipt or anticipated receipt of an economic benefit, 25
directly or indirectly, from an athlete agent.
440.99 (9m) of the statutes is created to read:
“Sign” means any of the following, with present intent to 3
authenticate or adopt a record:
(a) To execute or adopt a tangible symbol.
(b) To attach to or logically associate with the record an electronic symbol, 6
sound, or process.
440.99 (11) of the statutes is amended to read:
“Student athlete" means an individual who is eligible to attend an
9educational institution and
engages in, is eligible to engage in, or may be eligible in 10
the future to engage in, any interscholastic or
intercollegiate sport. If an individual 11
is permanently ineligible to participate in a particular interscholastic or 12
intercollegiate sport, the individual is not a student athlete for purposes of that sport.
440.991 (2) (b) of the statutes is amended to read:
Not later than
7 days after an initial act that requires
15the individual to register
as an athlete agent, such as an effort to recruit or solicit a
16student athlete to enter into an agency contract,
the individual submits an 17
application for registration as an athlete agent in this state.
440.9915 (title) of the statutes is amended to read:
(title) Registration as athlete agent; form; requirements;
440.9915 (1) (intro.) of the statutes is amended to read:
(intro.) An applicant for registration as an athlete agent shall 23
submit an application for registration to the department in a form prescribed by the 24
department. The application must be in the name of applicant must be
an individual, 25
and, except as otherwise provided in sub. (2),
the application must be
by the applicant under penalty of perjury and state or. The
contain at least
all of the following:
440.9915 (1) (a) of the statutes is amended to read:
(a) The name, date, and place of birth
of the applicant and;
address of the applicant's principal place of business; the work and mobile telephone
6numbers of the applicant; and means of communicating electronically with the
7applicant, including facsimile number, electronic mail address, and personal and
8business or employer Internet sites
440.9915 (1) (b) of the statutes is amended to read:
(b) The name
of the applicant's each
business or 11
employer, if applicable, of the applicant, including the name, mailing address,
12telephone number, organization form, and nature of the business, of the applicant's
13business or employer
440.9915 (1) (bm) of the statutes is created to read:
(bm) Each social media account with which the applicant or the 16
applicant's business or employer is affiliated.
440.9915 (1) (c) of the statutes is amended to read:
business or occupation in which the applicant 19
engaged in by the applicant for the within
5 years next preceding before
the date of 20submission of
the application, including self-employment and employment by
21others, and any professional or occupational license, registration, or certification
22held by the applicant during that time
440.9915 (1) (e) of the statutes is amended to read:
(e) The name, or if the student athlete is a minor, the name of the
25parent or guardian of the minor,
sport, and last-known team for each individual for
whom the applicant acted as an athlete agent during the within
5 years next
the date of submission of
440.9915 (1) (f) of the statutes is amended to read:
(f) If the athlete agent's business is not a corporation, the names 5
and addresses of the partners, members, officers, managers, associates, or profit 6
sharers of the business and of all persons directly or indirectly holding an equity
7interest of 5 percent or more of the business
440.9915 (1) (gm) of the statutes is created to read: