SB386: Bill Text

SB386,7,12 (c) Upon application on a form provided by the department and payment of the initial registration fee established in rules promulgated under par. (e), the department may register an individual as an athletic agent if the individual has been issued a reciprocal registration by another jurisdiction that has licensure, registration or certification requirements that the department determines are at least as stringent as the registration requirements of this section.

SB386,7,17 (d) A registration granted under par. (a) or (c) expires on January 1 of each odd-numbered year, unless the registration is renewed under this paragraph. The department may not renew a registration unless the applicant for renewal submits an application to the department on a form provided by the department and includes with the application each of the following:

SB386,7,18 1. The registration renewal fee established in rules promulgated under par. (e).

SB386,7,20 2. Evidence satisfactory to the department that the applicant has in effect the malpractice liability insurance coverage specified in sub. (4) (a).

SB386,8,2 (dm) Notwithstanding the requirement under par. (c) or (d) to submit an application on a form provided the department, an applicant under par. (c) or (d) who has been issued a reciprocal registration or a reciprocal registration renewal may submit to the department a copy of the application for reciprocal registration or reciprocal registration renewal. The department shall accept the appropriate copy submitted under this paragraph in lieu of an initial or renewal application form that is provided by the department if each of the following apply:

SB386,8,3 1. The applicant certifies that the information on the copy is current.

SB386,8,6 2. The department determines that the information required by the other jurisdiction is substantially equivalent to the information required in the initial or renewal application form provided by the department.

SB386,8,20 (e) The department shall promulgate rules establishing the amount of an initial registration fee required to be paid under pars. (a) 2. and (c) and the amount of a registration renewal fee required to be paid under par. (d). The amount of the fees shall reflect the approximate administrative and enforcement costs of the department that are attributable to the registration of athletic agents under this section. The rules shall require an applicant who has been issued a reciprocal registration or reciprocal registration renewal to pay an initial registration fee or registration renewal fee that is lower than the initial registration fee or registration renewal fee required for an applicant who has not been issued a reciprocal registration or reciprocal registration renewal if the department determines that administrative and enforcement costs that are attributable to applicants who have been issued a reciprocal registration or reciprocal registration renewal are lower than the administrative enforcement costs that are attributable to applicants who have not been issued a reciprocal registration or reciprocal registration renewal.

SB386,8,24 (4) Malpractice liability insurance. (a) Each individual registered as an athletic agent under this section shall have in effect malpractice liability insurance coverage in an amount that is not less than $100,000 per occurrence and $100,000 for all occurrences in one year.

SB386,9,3 (b) No later than 30 days after a registrant receives from an insurer notice of cancellation of the malpractice liability insurance coverage specified in par. (a), the the registrant shall do one of the following:

SB386,9,5 1. Provide the department with evidence that he or she has in effect the malpractice liability insurance coverage specified in par. (a).

SB386,9,7 2. Notify the department that he or she does not have in effect the malpractice liability insurance coverage specified in par. (a).

SB386,9,11 (c) The department shall suspend the registration of an individual who makes a notification under par. (b) 2. and shall reinstate the registration upon receiving notice that the individual has in effect the malpractice liability insurance coverage specified in par. (a).

SB386,9,14 (5) Agent contracts. (a) An agent contract shall be in writing, signed by the student athlete and, if the student athlete is under the age of 18 years, signed by the student athlete's parent or guardian.

SB386,9,15 (b) An agent contract shall include each of the following:

SB386,9,17 1. A recitation of the compensation that the athletic agent will receive from the student athlete.

SB386,9,20 2. A description of any compensation that the athletic agent will receive from a source other than the student athlete for providing services under the agent contract.

SB386,9,22 3. The name of any person who will share or benefit from the compensation received from the student athlete.

SB386,9,24 4. A description of any expenses for which the student athlete agrees to reimburse the athletic agent.

SB386,10,2 5. A description of the professional services to be provided to the student athlete.

SB386,10,3 6. The duration of the contract.

SB386,10,16 7. The following statement, in boldface type and capital letters, in close proximity to the signature of the student athlete: WARNING TO STUDENT ATHLETE: IF YOU SIGN THIS CONTRACT YOU WILL LOSE YOUR ELIGIBILITY TO PARTICIPATE IN YOUR SPORT. TALK TO YOUR HEAD COACH BEFORE YOU SIGN THIS CONTRACT. YOU AND YOUR ATHLETIC AGENT BOTH ARE REQUIRED TO NOTIFY YOUR ATHLETIC DIRECTOR OR HEAD COACH IF YOU SIGN THIS CONTRACT SUCH A NOTIFICATION MUST BE MADE EITHER WITHIN 72 HOURS AFTER YOU BOTH SIGN THIS CONTRACT OR BEFORE YOUR PARTICIPATION IN YOUR NEXT ATHLETIC EVENT, WHICHEVER OCCURS FIRST. IF YOU SIGN THIS CONTRACT, YOU MAY CANCEL THE CONTRACT WITHIN 7 DAYS OF SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

SB386,10,18 (c) An agent contract that does not satisfy the requirements of this subsection is voidable by the student athlete.

SB386,10,22 (d) A student athlete may cancel an agent contract by providing written notice to the athletic agent of the cancellation within 7 days after the date on which the agent contract is signed by the student athlete. A student athlete may not waive the right to cancel an agent contract that is provided under this paragraph.

SB386,11,2 (e) If a student athlete cancels an agent contract under par. (d), the student athlete is not obligated to pay any compensation to the athletic agent. A student athlete who cancels an agent contract under par. (d) shall return to the athletic agent anything of value that was provided by the athletic agent to the student athlete.

SB386,11,6 (6) Notice to educational institution. (a) In this subsection, "educational institution" means an educational institution at which a student athlete is enrolled or an educational institution that an athletic agent has reasonable grounds to believe that a student athlete intends to enroll in the future.

SB386,11,10 (b) Within 72 hours after entering into an agent contract or before the student athlete's participation in the next athletic event, whichever occurs first, the athletic agent shall notify the student athlete's head coach or athletic director of the student athlete's educational institution.

SB386,11,15 (c) Within 72 hours after entering into an agent contract or before the student athlete's participation in the next athletic event, whichever occurs first, the student athlete shall provide written notice to the student athlete's head coach or athletic director of the student athlete's educational institution that the student athlete has entered into an agent contract.

SB386,11,17 (d) The department may promulgate rules establishing requirements and procedures for the notice required under this subsection.

SB386,11,19 (7) Prohibitions. (a) An athletic agent may not do any of the following in order to induce a student athlete to enter into an agent contract:

SB386,11,21 1. Intentionally provide any false or misleading information or intentionally make any false promise or representation.

SB386,11,23 2. Provide anything of value or benefit to a student athlete, other than services under the agent contract.

SB386,11,25 3. Provide anything of value or benefit to any individual other than the student athlete.

SB386,12,1 (b) An athletic agent may not do any of the following:

SB386,12,3 1. Postdate an agent contract, professional sports services contract or endorsement contract.

SB386,12,5 2. Make or cause to be made any false, fraudulent or misleading statement, representation, notice or advertisement relating to the business of the athletic agent.

SB386,12,7 3. Do business as an athletic agent without complying with the requirements of this section.

SB386,12,9 4. Except as provided in sub. (2) (b), contact a student athlete before being registered under this section.

SB386,12,12 5. Contact a student athlete before notifying the student athlete's head coach or the athletic director of the student athlete's educational institution, as defined in sub. (6) (a).

SB386,12,16 6. Enter into an agent contract, professional sports services contract or endorsement contract with a student athlete unless the athletic agent has provided the student athlete with a copy of the contract and the application submitted to the department under sub. (3) (a) 1.

SB386,12,23 (8) Professional players association registration. (a) An individual who applies for registration under this section as an athletic agent and who is registered as an athletic agent with a professional players association for a sport for which the individual represents or intends to represent a student athlete shall provide on the application for registration under this section evidence satisfactory to the department that the registration with the professional players association is in good standing.

SB386,13,3 (b) An athletic agent shall notify the department if he or she is registered in good standing as an athletic agent by a professional players association in addition to the professional players association that is identified under par. (a).

SB386,13,7 (c) An athletic agent may not contact a student athlete unless the athletic agent is registered as an athletic agent by a professional players association for the sport for which the athletic agent intends to negotiate a professional sport services contract for the student athlete.

SB386,13,9 (9) Record keeping requirements. (a) An athletic agent shall maintain each of the following records for a period of 5 years:

SB386,13,11 1. The name and address of each student athlete represented by the athletic agent.

SB386,13,13 2. The amount of any compensation received from each student athlete represented by the athletic agent.

SB386,13,15 3. Any agent contract entered into between the athletic agent and a student athlete.

SB386,13,17 4. A record of any expenses paid or anything of value provided by the athletic agent in the recruitment or attempted recruitment of a student athlete.

SB386,13,19 (b) An athletic agent shall permit the department to inspect the records specified in par. (a) during normal business hours.

SB386,13,22 (10) Disciplinary proceedings and actions. (a) The department may conduct investigations and hearings to determine whether a violation of this section or any rule promulgated under this section has occurred.

SB386,13,24 (b) The department may reprimand a registrant, or may deny, limit, suspend or revoke a registration, if an applicant or registrant has done any of the following:

SB386,14,2 1. Made a material misstatement in an application for a registration or for renewal of a registration.

SB386,14,4 2. Knowingly made a false, misleading, deceptive, untrue or fraudulent representation as an athletic agent.

SB386,14,6 3. Engaged in acts that would render the applicant or registrant unfit to serve in a fiduciary capacity.

SB386,14,9 4. Been the subject of a proceeding or investigation by a professional player's association that has resulted in the professional players association imposing a disciplinary sanction against the applicant or registrant.

SB386,14,11 5. Had a reciprocal registration suspended, revoked or denied in another jurisdiction.

SB386,14,13 6. Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the business of an athletic agent.

SB386,14,16 7. Engaged in any conduct that renders a student athlete or educational institution ineligible to participate in a sport under the rules of a national association or amateur organization that governs the sport.

SB386,14,17 8. Violated this section or any rule promulgated under this section.

SB386,14,23 (c) In determining whether to reprimand a registrant or deny, limit, suspend or revoke a registration under par. (b), the department shall consider whether the registrant or applicant has provided clear and convincing evidence that the registrant or applicant is fit to serve as an athletic agent notwithstanding the action specified in par. (b) that the registrant or applicant has committed. The department shall also consider each of the following:

SB386,14,25 1. The timing and nature of the action that the registrant or applicant committed and the context in which it occurred.

SB386,15,3 2. Any activities of the registrant or applicant subsequent to the action that the registrant or applicant committed that demonstrate that the registrant or applicant is not likely to commit the action again.

SB386,15,6 (11) Penalty; civil remedy. (a) A person who violates this section or any rule promulgated under this section may be fined not more than $25,000 or imprisoned for not more than one year or both.

SB386,15,10 (b) A student athlete injured by a violation of this section or any rule promulgated under this section may bring a civil action to recover damages together with costs, disbursements and, notwithstanding s. 814.04 (1), reasonable attorney fees.

SB386,15,14 (c) An educational institution may recover damages together with costs, disbursements and, notwithstanding s. 814.04 (1), reasonable attorney fees from an athletic agent if any of the following occurs because of the activities of the athletic agent:

SB386,15,18 1. The educational institution is 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 self-imposed disciplinary action to mitigate sanctions.

SB386,15,21 2. A student athlete who attends or has expressed a written intention to attend the educational institution is declared ineligible to participate in athletics at the educational institution.

SB386,15,23 3. The educational institution is injured by a violation of this section or any rule promulgated under this section.

SB386,16,7 (12) Investigations and enforcement. (a) Whenever the department has reason to believe that a person is in possession, custody or control of any information or documentary material relevant to the enforcement of this section it may require that person to submit a statement or report, under oath or otherwise, as to the facts and circumstances concerning any activity that may be relevant to the enforcement of this section; examine under oath that person with respect to the activity; and execute in writing and cause to be served upon such person a civil investigative demand requiring the person to produce any relevant documentary material for inspection and copying.

SB386,16,9 (b) The department, in exercising powers under this subsection, may issue subpoenas, administer oaths and conduct hearings to aid in any investigation.

SB386,16,13 (c) Service of any notice by the department requiring a person to file a statement or report, or service of a subpoena upon a person, or service of a civil investigative demand shall be made in compliance with the rules of civil procedure of this state.

SB386,16,18 (d) If a person fails to file any statement or report, or fails to comply with any civil investigative demand, or fails to obey any subpoena issued by the department, such person may be coerced as provided in s. 885.12, except that no person shall be required to furnish any testimony or evidence under this subsection that might tend to incriminate the person.

SB386,16,23 (13) Registry of athletic agents. The department shall establish and update on at least a bimonthly basis a registry of persons who are registered as athletic agents under this section. The department shall make the registry available for public inspection and copying and in any other manner that, as determined by the department, facilitates public access to the registry.

SB386, s. 3 Section 3 . Nonstatutory provisions.

SB386,17,2 (1) In this section, "department" means the department of agriculture, trade and consumer protection.

SB386,17,6 (2) The department shall submit in proposed form the rules required under section 100.179 (3) (e) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

SB386,17,15 (3) Using the procedure under section 227.24 of the statutes, the department may promulgate rules required under section 100.179 (3) (e) of the statutes, as created by this act, for the period before the effective date of the rules submitted under subsection (2), 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 d to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB386, s. 4 Section 4. Effective dates. This act takes effect on the first day of the 3rd month beginning after publication, except as follows:

SB386,17,18 (1) Section 3 of this act takes effect on the day after publication.

SB386,17,19 (End)