The bill prohibits an athlete agent from engaging in the following conduct with
the intent to induce a student athlete to enter into an agency contract: 1) making
materially false promises or representations; or 2) furnishing anything of value to
the student athlete or any other individual, including another athlete agent. The bill
also prohibits an athlete agent from intentionally engaging in certain conduct,
including the following: 1) initiating contact with a student athlete unless the
athlete agent is registered under the bill; or 2) failing to notify a student athlete that
signing an agency contract may make him or her ineligible to participate in a sport
as a student athlete. In addition, the bill imposes record-keeping requirements on
athlete agents.
An athlete agent who violates the bill's prohibitions may be fined $10,000 or
imprisoned for not more than nine months or both. The bill also allows DRL to
directly assess a forfeiture of not more than $25,000 for a violation of the bill. In
addition, an educational institution may bring an action against an athlete agent or
former student athlete for damages caused by a violation of the bill.
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
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local 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:
AB403, s. 1 1Section 1. 93.135 (1) (t) of the statutes is created to read:
AB403,3,22 93.135 (1) (t) A registration as an athlete agent under subch. XII of ch. 440.
AB403, s. 2 3Section 2. 440.08 (2) (a) 14d. of the statutes is created to read:
AB403,3,44 440.08 (2) (a) 14d. Athlete agent: July 1 of each even-numbered year; $53.
AB403, s. 3 5Section 3. Subchapter XII of chapter 440 [precedes 440.99] of the statutes is
6created to read:
AB403,3,77 chapter 440
AB403,4,1
1subchapter xii
AB403,4,22 Uniform athlete agents act
AB403,4,3 3440.99 Definitions. In this subchapter:
AB403,4,64 (1) "Agency contract" means an agreement in which a student athlete
5authorizes a person to negotiate or solicit on behalf of the student athlete a
6professional-sports-services contract or an endorsement contract.
AB403,4,157 (2) "Athlete agent" means an individual who enters into an agency contract
8with a student athlete or recruits or solicits a student athlete to enter into an agency
9contract. "Athlete agent" includes an individual who represents to the public that
10the individual is an athlete agent. "Athlete agent" does not include a spouse, parent,
11sibling, grandparent, or guardian of the student athlete or an individual acting solely
12on behalf of a professional sports team or professional sports organization. "Athlete
13agent" also does not include an individual who provides information to a student
14athlete, but who does not recruit or solicit the student athlete to enter into an agency
15contract.
AB403,4,2016 (3) "Athletic director" means an individual responsible for administering the
17overall athletic program of an educational institution or, if an educational institution
18has separately administered athletic programs for male students and female
19students, the athletic program for males or the athletic program for females, as
20appropriate.
AB403,4,2321 (4) "Contact" means a communication, direct or indirect, between an athlete
22agent and a student athlete, to recruit or solicit the student athlete to enter into an
23agency contract.
AB403,5,224 (5) "Endorsement contract" means an agreement under which a student
25athlete is employed or receives consideration to use on behalf of the other party any

1value that the student athlete may have because of publicity, reputation, following,
2or fame obtained because of athletic ability or performance.
AB403,5,53 (6) "Intercollegiate sport" means a sport played at the collegiate level for which
4eligibility requirements for participation by a student athlete are established by a
5national association for the promotion or regulation of collegiate athletics.
AB403,5,86 (7) "Professional-sports-services contract" means an agreement under which
7an individual is employed, or agrees to render services, as a player on a professional
8sports team, with a professional sports organization, or as a professional athlete.
AB403,5,109 (8) "Record" means information that is inscribed on a tangible medium or that
10is stored in an electronic or other medium and is retrievable in perceivable form.
AB403,5,1211 (9) "Registration" means registration as an athlete agent under this
12subchapter.
AB403,5,1513 (10) "State" means a state of the United States, the District of Columbia, Puerto
14Rico, the United States Virgin Islands, or any territory or insular possession subject
15to the jurisdiction of the United States.
AB403,5,1916 (11) "Student athlete" means an individual who engages in, is eligible to engage
17in, or may be eligible in the future to engage in, any intercollegiate sport. If an
18individual is permanently ineligible to participate in a particular intercollegiate
19sport, the individual is not a student athlete for purposes of that sport.
AB403,5,23 20440.9905 Service of process. By acting as an athlete agent in this state, a
21nonresident individual appoints the secretary of state as the individual's agent for
22service of process in any civil action in this state related to the individual's acting as
23an athlete agent in this state.
AB403,6,2 24440.991 Athlete agents: registration required; void contracts. (1)
25Except as otherwise provided in sub. (2), an individual may not act as an athlete

1agent in this state without holding a certificate of registration under s. 440.992 or
2440.993.
AB403,6,5 3(2) Before being issued a certificate of registration, an individual may act as
4an athlete agent in this state for all purposes except signing an agency contract, if
5all of the following are satisfied:
AB403,6,76 (a) A student athlete or another person acting on behalf of the student athlete
7initiates communication with the individual.
AB403,6,108 (b) Within 7 days after an initial act as an athlete agent, such as an effort to
9recruit or solicit a student athlete to enter into an agency contract, the individual
10submits an application for registration as an athlete agent in this state.
AB403,6,12 11(3) An agency contract resulting from conduct in violation of this section is void
12and the athlete agent shall return any consideration received under the contract.
AB403,6,18 13440.9915 Registration as athlete agent; form; requirements. (1) An
14applicant for registration as an athlete agent shall submit an application for
15registration to the department in a form prescribed by the department. The
16application must be in the name of an individual and, except as otherwise provided
17in sub. (2), signed or otherwise authenticated by the applicant under penalty of
18perjury and state or contain all of the following:
AB403,6,2019 (a) The name of the applicant and the address of the applicant's principal place
20of business.
AB403,6,2121 (b) The name of the applicant's business or employer, if applicable.
AB403,6,2322 (c) Any business or occupation engaged in by the applicant for the 5 years next
23preceding the date of submission of the application.
AB403,6,2424 (d) A description of all of the following:
AB403,6,2525 1. The applicant's formal training as an athlete agent.
AB403,7,1
12. The applicant's practical experience as an athlete agent.
AB403,7,32 3. The applicant's educational background relating to his or her activities as
3an athlete agent.
AB403,7,64 (e) The name, sport, and last-known team for each individual for whom the
5applicant acted as an athlete agent during the 5 years next preceding the date of
6submission of the application.
AB403,7,97 (f) If the athlete agent's business is not a corporation, the names and addresses
8of the partners, members, officers, managers, associates, or profit sharers of the
9business.
AB403,7,1210 (g) If the athlete agent is employed by a corporation, the names and addresses
11of the officers and directors of the corporation and any shareholder of the corporation
12having an interest of 5% or more.
AB403,7,1513 (h) Notwithstanding ss. 111.321, 111.322, and 111.335, whether the applicant
14or any person named pursuant to par. (f) or (g) has been convicted of a crime that, if
15committed in this state, would be a felony, and a description of the crime.
AB403,7,1816 (i) Whether there has been any administrative or judicial determination that
17the applicant or any person named pursuant to par. (f) or (g) has made a false,
18misleading, deceptive, or fraudulent representation.
AB403,7,2219 (j) Any instance in which the conduct of the applicant or any person named
20pursuant to par. (f) or (g) resulted in the imposition of a sanction, suspension, or
21declaration of ineligibility to participate in an interscholastic or intercollegiate
22athletic event on a student athlete or educational institution.
AB403,7,2523 (k) Any sanction, suspension, or disciplinary action taken against the applicant
24or any person named pursuant to par. (f) or (g) arising out of occupational or
25professional conduct.
AB403,8,3
1(L) Whether there has been any denial of an application for, suspension or
2revocation of, or refusal to renew, the registration or licensure of the applicant or any
3person named pursuant to par. (f) or (g) as an athlete agent in any state.
AB403,8,9 4(2) An individual who has submitted an application for, and holds a certificate
5of, registration or licensure as an athlete agent in another state may submit a copy
6of the application and certificate in lieu of submitting an application in the form
7prescribed pursuant to sub. (1). The department shall accept the application and the
8certificate from the other state as an application for registration in this state if all
9of the following are satisfied:
AB403,8,1310 (a) The application to the other state was submitted in the other state within
11the 6 months next preceding the submission of the application in this state and the
12applicant certifies that the information contained in the application to the other
13state is current.
AB403,8,1614 (b) The application to the other state contains information substantially
15similar to or more comprehensive than that required in an application submitted in
16this state.
AB403,8,1817 (c) The application to the other state was signed by the applicant under penalty
18of perjury.
AB403,8,22 19440.992 Certificate of registration; issuance or denial; renewal. (1)
20Except as otherwise provided in sub. (2), the department shall issue a certificate of
21registration to an individual who complies with s. 440.9915 (1) or whose application
22has been accepted under s. 440.9915 (2).
AB403,9,2 23(2) The department may refuse to issue a certificate of registration if the
24department determines that the applicant has engaged in conduct that has a
25significant adverse effect on the applicant's fitness to act as an athlete agent. In

1making the determination, the department may consider whether the applicant has
2done any of the following:
AB403,9,43 (a) Notwithstanding ss. 111.321, 111.322, and 111.335, been convicted of a
4crime that, if committed in this state, would be a felony.
AB403,9,65 (b) Made a materially false, misleading, deceptive, or fraudulent
6representation in the application or as an athlete agent.
AB403,9,87 (c) Engaged in unprofessional conduct or conduct that would disqualify the
8applicant from serving in a fiduciary capacity.
AB403,9,99 (d) Engaged in conduct prohibited by s. 440.996.
AB403,9,1210 (e) Had a registration or licensure as an athlete agent suspended, revoked, or
11denied or been refused renewal of registration or licensure as an athlete agent in any
12state.
AB403,9,1613 (f) Engaged in conduct the consequence of which was that a sanction,
14suspension, or declaration of ineligibility to participate in an interscholastic or
15intercollegiate athletic event was imposed on a student athlete or educational
16institution.
AB403,9,1817 (g) Engaged in conduct that significantly adversely reflects on the applicant's
18credibility, honesty, or integrity.
AB403,9,20 19(3) In making a determination under sub. (2), the department shall consider
20each of the following:
AB403,9,2121 (a) How recently the conduct occurred.
AB403,9,2222 (b) The nature of the conduct and the context in which it occurred.
AB403,9,2323 (c) Any other relevant conduct of the applicant.
AB403,9,25 24(4) An athlete agent may apply to renew a registration by submitting an
25application for renewal in a form prescribed by the department. The application for

1renewal must be signed by the applicant under penalty of perjury and must contain
2current information on all matters required in an original registration. Applications
3submitted under this subsection shall be open to inspection at all reasonable hours
4authorized by representatives of the department.
AB403,10,10 5(5) An individual who has submitted an application for renewal of registration
6or licensure in another state, in lieu of submitting an application for renewal in the
7form prescribed under sub. (4), may file a copy of the application for renewal and a
8valid certificate of registration or licensure from the other state. The department
9shall accept the application for renewal from the other state as an application for
10renewal in this state if the application to the other state satisfies all of the following:
AB403,10,1311 (a) The application was submitted in the other state within the 6 months next
12preceding the filing in this state and the applicant certifies that the information
13contained in the application for renewal is current.
AB403,10,1614 (b) The application contains information substantially similar to or more
15comprehensive than that required in an application for renewal submitted in this
16state.
AB403,10,1717 (c) The application was signed by the applicant under penalty of perjury.
AB403,10,18 18(6) A certificate of registration or a renewal of a registration is valid for 2 years.
AB403,10,21 19440.9925 Suspension, revocation, or refusal to renew registration. (1)
20The department may suspend, revoke, or refuse to renew a registration for conduct
21that would have justified denial of registration under s. 440.992 (2).
AB403,10,23 22(2) The department may deny, suspend, revoke, or refuse to renew a certificate
23of registration or licensure only after proper notice and an opportunity for a hearing.
AB403,11,3 24440.993 Temporary registration. The department may issue a temporary
25certificate of registration while an application for registration or renewal of

1registration is pending. The department shall promulgate rules establishing
2requirements and procedures for applying for and issuing temporary certificates of
3registration.
AB403,11,8 4440.9935 Registration and renewal fees. An application for registration
5must be accompanied by the fee specified in s. 440.05 (1). The renewal dates for
6certificates of registration issued under this subchapter are specified in s. 440.08 (2)
7(a). Renewal applications shall be submitted to the department on a form provided
8by the department and shall include the fee specified in s. 440.08 (2) (a).
AB403,11,10 9440.994 Required form of contract. (1) An agency contract must be in a
10record, signed or otherwise authenticated by the parties.
AB403,11,11 11(2) An agency contract must state or contain all of the following:
AB403,11,1512 (a) The amount and method of calculating the consideration to be paid by the
13student athlete for services to be provided by the athlete agent under the contract
14and any other consideration that the athlete agent has received or will receive from
15any other source for entering into the contract or for providing the services.
AB403,11,1816 (b) The name of any person not listed in the application for registration or
17renewal of registration who will be compensated because the student athlete signed
18the agency contract.
AB403,11,1919 (c) A description of any expenses that the student athlete agrees to reimburse.
AB403,11,2020 (d) A description of the services to be provided to the student athlete.
AB403,11,2121 (e) The duration of the contract.
AB403,11,2222 (f) The date of execution.
AB403,11,25 23(3) An agency contract must contain, in close proximity to the signature of the
24student athlete, a conspicuous notice in boldface type and capital letters stating the
25following:
AB403,12,1
1WARNING TO STUDENT ATHLETE
AB403,12,22 IF YOU SIGN THIS CONTRACT:
AB403,12,43 1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT
4ATHLETE IN YOUR SPORT;
AB403,12,75 2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
6ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT
7MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
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