Amendment ASA1-AB403

AB403-ASA1,8,16 (2) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another state may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to sub. (1). The department shall accept the application and the certificate from the other state as an application for registration in this state if all of the following are satisfied:

AB403-ASA1,8,20 (a) The application to the other state was submitted in the other state within the 6 months next preceding the submission of the application in this state and the applicant certifies that the information contained in the application to the other state is current.

AB403-ASA1,8,23 (b) The application to the other state contains information substantially similar to or more comprehensive than that required in an application submitted in this state.

AB403-ASA1,8,25 (c) The application to the other state was signed by the applicant under penalty of perjury.

AB403-ASA1,9,5 440.992 Certificate of registration; issuance or denial; renewal. (1) Except as otherwise provided in sub. (2), the department shall issue a certificate of registration to an individual who complies with s. 440.9915 (1) or whose application has been accepted under s. 440.9915 (2), if the individual has paid the fees specified in s. 440.9935.

AB403-ASA1,9,10 (2) The department may refuse to issue a certificate of registration if the department determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the department may consider whether the applicant has done any of the following:

AB403-ASA1,9,12 (a) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a crime that, if committed in this state, would be a felony.

AB403-ASA1,9,14 (b) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent.

AB403-ASA1,9,16 (c) Engaged in unprofessional conduct or conduct that would disqualify the applicant from serving in a fiduciary capacity.

AB403-ASA1,9,17 (d) Engaged in conduct prohibited by s. 440.996.

AB403-ASA1,9,20 (e) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state.

AB403-ASA1,9,24 (f) Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution.

AB403-ASA1,10,2 (g) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.

AB403-ASA1,10,4 (3) In making a determination under sub. (2), the department shall consider each of the following:

AB403-ASA1,10,5 (a) How recently the conduct occurred.

AB403-ASA1,10,6 (b) The nature of the conduct and the context in which it occurred.

AB403-ASA1,10,7 (c) Any other relevant conduct of the applicant.

AB403-ASA1,10,13 (4) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the department. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration. Applications submitted under this subsection shall be open to inspection at all reasonable hours authorized by representatives of the department.

AB403-ASA1,10,19 (5) An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form prescribed under sub. (4), may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state. The department shall accept the application for renewal from the other state as an application for renewal in this state if the application to the other state satisfies all of the following:

AB403-ASA1,10,22 (a) The application was submitted in the other state within the 6 months next preceding the filing in this state and the applicant certifies that the information contained in the application for renewal is current.

AB403-ASA1,10,25 (b) The application contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this state.

AB403-ASA1,11,1 (c) The application was signed by the applicant under penalty of perjury.

AB403-ASA1,11,2 (6) A certificate of registration or a renewal of a registration is valid for 2 years.

AB403-ASA1,11,5 440.9925 Suspension, revocation, or refusal to renew registration. (1) The department may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under s. 440.992 (2).

AB403-ASA1,11,7 (2) The department may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing.

AB403-ASA1,11,12 440.993 Temporary registration. The department may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. The department shall promulgate rules establishing requirements and procedures for applying for and issuing temporary certificates of registration.

AB403-ASA1,12,2 440.9935 Registration and renewal fees. An application for registration must be accompanied by a processing fee in an amount established in rules promulgated by the department. If the department determines to issue a certificate of registration to an applicant, the department shall require the applicant to pay a fee for issuing the certificate in an amount established in rules promulgated by the department. The renewal dates for certificates of registration issued under this subchapter are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include a fee in an amount established in rules promulgated by the department, except that for the first renewal after a certificate of registration is issued, the department shall prorate the fee based on the length of time between between issuance and renewal. The amounts established in the rules promulgated under this section shall be based on the department's administrative and enforcement costs attributable to processing applications and regulating athlete agents.

AB403-ASA1,12,4 440.994 Required form of contract. (1) An agency contract must be in a record, signed or otherwise authenticated by the parties.

AB403-ASA1,12,5 (2) An agency contract must state or contain all of the following:

AB403-ASA1,12,9 (a) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration that the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.

AB403-ASA1,12,12 (b) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract.

AB403-ASA1,12,13 (c) A description of any expenses that the student athlete agrees to reimburse.

AB403-ASA1,12,14 (d) A description of the services to be provided to the student athlete.

AB403-ASA1,12,15 (e) The duration of the contract.

AB403-ASA1,12,16 (f) The date of execution.

AB403-ASA1,12,19 (3) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type and capital letters stating the following:

AB403-ASA1,12,20 WARNING TO STUDENT ATHLETE

AB403-ASA1,12,21 IF YOU SIGN THIS CONTRACT:

AB403-ASA1,12,23 1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

AB403-ASA1,13,3 2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACTOR OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND

AB403-ASA1,13,6 3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

AB403-ASA1,13,11 (4) An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.

AB403-ASA1,13,13 (5) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.

AB403-ASA1,13,19 440.9945 Notice to educational institution. (1) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.

AB403-ASA1,13,24 (2) Within 72 hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.

AB403-ASA1,14,3 440.995 Student athlete's right to cancel. (1) A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.

AB403-ASA1,14,4 (2) A student athlete may not waive the right to cancel an agency contract.

AB403-ASA1,14,8 (3) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.

AB403-ASA1,14,10 440.9955 Required records. (1) An athlete agent shall retain all of the following records for a period of 5 years:

AB403-ASA1,14,11 (a) The name and address of each individual represented by the athlete agent.

AB403-ASA1,14,12 (b) Any agency contract entered into by the athlete agent.

AB403-ASA1,14,14 (c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.

AB403-ASA1,14,17 (2) Records required by sub. (1) to be retained are open to inspection by the department during normal business hours. Upon demand, an athlete agent shall provide a copy of such a record to the department.

AB403-ASA1,14,19 440.996 Prohibited conduct. (1) An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not do any of the following:

AB403-ASA1,14,21 (a) Give any materially false or misleading information or make a materially false promise or representation.

AB403-ASA1,14,23 (b) Furnish anything of value to a student athlete before the student athlete enters into the agency contract.

AB403-ASA1,14,25 (c) Furnish anything of value to any individual other than the student athlete or another registered athlete agent.

AB403-ASA1,15,1 (2) An athlete agent may not intentionally do any of the following:

AB403-ASA1,15,3 (a) Initiate contact with a student athlete unless registered under this subchapter.

AB403-ASA1,15,5 (b) Refuse or fail to retain or permit inspection of the records required to be retained by s. 440.9955.

AB403-ASA1,15,6 (c) Fail to register when required by s. 440.991.

AB403-ASA1,15,8 (d) Provide materially false or misleading information in an application for registration or renewal of registration.

AB403-ASA1,15,9 (f) Predate or postdate an agency contract.

AB403-ASA1,15,13 (g) Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.

AB403-ASA1,15,15 440.9965 Criminal penalties. An athlete agent who violates s. 440.996 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB403-ASA1,15,19 440.997 Civil remedies. (1) An educational institution may bring an action against an athlete agent for damages caused by a violation of this subchapter. In an action under this subsection, the court may award to the prevailing party costs and, notwithstanding s. 814.04, reasonable attorney fees.

AB403-ASA1,16,2 (2) Damages of an educational institution under sub. (1) include losses and expenses incurred because, as a result of the conduct of an athlete agent, the educational institution was injured by a violation of this subchapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.

AB403-ASA1,16,5 (3) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent.

AB403-ASA1,16,7 (5) This subchapter does not restrict rights, remedies, or defenses of any person under law or equity.

AB403-ASA1,16,10 440.9975 Administrative forfeiture. The department may directly assess a forfeiture against an athlete agent of not more than $25,000 for a violation of this subchapter.

AB403-ASA1,16,14 440.998 Uniformity of application and construction. In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the Uniform Athlete Agents Act.

AB403-ASA1,16,21 440.9985 Electronic Signatures in Global and National Commerce Act. The provisions of this subchapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7002, and supersede, modify, and limit the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031.

AB403-ASA1,16,23 440.999 Rules. The department shall promulgate rules that define unprofessional conduct for purposes of s. 440.992 (2) (c).

AB403-ASA1, s. 4 Section 4. Nonstatutory provisions.

AB403-ASA1,17,9 (1) If an athlete agent, as defined in section 440.99 (2) of the statutes, as created by this act, or student athlete, as defined in section 440.99 (11) of the statutes, as created by this act, is subject to a contract that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with subchapter XII of chapter 440 of the statutes, as created by this act, then, notwithstanding subchapter XII of chapter 440 of the statutes, as created by this act, the athlete agent or student athlete may perform his or her obligations, and exercise his or her rights, under that contract until the contract expires, is extended, is modified, or is renewed, whichever occurs first.

AB403-ASA1,17,18 (2) The department of regulation and licensing may, using the procedure under section 227.24 of the statutes, promulgate the rules under section 440.9935 of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide findings of emergency for rules promulgated under this subsection.

AB403-ASA1,17,25 (3) The department of regulation and licensing shall include, as part of its 2005-07 biennial budget request that it submits to the department of administration under section 16.42 of the statutes, any recommended changes to the initial and renewal fees for registration as an athlete agent that are necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of athlete agents and any proposed statutory changes that are required to establish such changes to the fees by statute rather than by rule.

AB403-ASA1, s. 5 Section 5. Appropriation changes.

AB403-ASA1,18,8 (1) Position authorization. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of regulation and licensing under section 20.165 (1) (g) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $31,900 for fiscal year 2003-04 and the dollar amount is increased by $31,900 for fiscal year 2004-05 to increase the authorized FTE positions for the department by 0.5 PR position to perform services related to the regulation of athlete agents.

AB403-ASA1, s. 6 Section 6. Initial applicability.

AB403-ASA1,18,11 (1) The treatment of section 440.9945 of the statutes first applies to contracts entered into on the effective date of this subsection.

AB403-ASA1,18,13 (2) The treatment of section 440.997 (2) of the statutes first applies to losses or expenses incurred on the effective date of this subsection.

AB403-ASA1, s. 7 Section 7. Effective date.

AB403-ASA1,18,16 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB403-ASA1,18,17 (End)