2019 Wisconsin Act 180

(c) For purposes of implementing par. (b), the department may do all of the following:

1. Cooperate with national organizations concerned with athlete agent issues and agencies in other states that register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this subchapter.

2. Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

180,34 Section 34. 440.992 (1) of the statutes is amended to read:

440.992 (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 initial credential fee determined by the department under s. 440.03 (9) (a).

180,35 Section 35. 440.992 (2) (intro.) of the statutes is amended to read:

440.992 (2) (intro.) The department may refuse to issue a certificate of registration to an applicant for registration under s. 440.9915 (1) if the department determines that the applicant has engaged in conduct that has a significant adverse effect significantly adversely reflects 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:

180,36 Section 36. 440.992 (2) (e) of the statutes is amended to read:

440.992 (2) (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.

180,37 Section 37. 440.992 (2) (f) of the statutes is amended to read:

440.992 (2) (f) Engaged in conduct the consequence of which was that resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or, intercollegiate athletic, or professional sports event was imposed on a student athlete or a sanction on an educational institution.

180,38 Section 38. 440.992 (2) (g) of the statutes is amended to read:

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

180,39 Section 39. 440.992 (4) of the statutes is amended to read:

440.992 (4) An athlete agent registered under sub. (1) may apply to renew a the registration by submitting an application for renewal in a form prescribed by the department. The applicant shall sign the application for renewal must be signed by the applicant under penalty of perjury and must contain include current information on all matters required in an original application for registration. Applications submitted under this subsection shall be open to inspection at all reasonable hours authorized by representatives of the department.

180,40 Section 40. 440.992 (5) of the statutes is repealed and recreated to read:

440.992 (5) An athlete agent registered under s. 440.9915 (2) may renew the registration by proceeding under sub. (4) or, if the registration in the other state has been renewed, by submitting to the department copies of the application for renewal in the other state and the renewed registration from the other state. The department shall renew the registration if it determines that all of the following are true:

(a) The registration requirements of the other state are substantially similar to or more restrictive than this subchapter.

(b) The renewed registration has not been suspended or revoked and no action involving the athlete agent's conduct as an athlete agent is pending against the athlete agent or his or her registration in any state.

180,41 Section 41. 440.9925 (1) of the statutes is amended to read:

440.9925 (1) The department may limit, suspend, revoke, or refuse to renew a registration of an individual issued a certificate of registration under s. 440.992 (1) for conduct that would have justified denial justify refusal to issue a certificate of registration under s. 440.992 (2).

180,42 Section 42. 440.9925 (1m) of the statutes is created to read:

440.9925 (1m) The department may suspend or revoke the registration of an individual issued a certificate of registration under s. 440.9915 (2) or renewed under s. 440.992 (5) for any reason for which the department could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under s. 440.992 (2).

180,43 Section 43. 440.9925 (2) of the statutes is amended to read:

440.9925 (2) The department may deny, limit, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing.

180,44 Section 44. 440.994 (1) of the statutes is amended to read:

440.994 (1) An agency contract must be in a record, signed or otherwise authenticated by the parties.

180,45 Section 45. 440.994 (2) (intro.) of the statutes is amended to read:

440.994 (2) (intro.) An agency contract must state or contain all of the following:

180,46 Section 46. 440.994 (2) (a) of the statutes is renumbered 440.994 (2) (ar).

180,47 Section 47. 440.994 (2) (ag) of the statutes is created to read:

440.994 (2) (ag) A statement that the athlete agent is registered as an athlete agent in this state and a list of all other states in which the athlete agent is registered as an athlete agent.

180,48 Section 48. 440.994 (3) of the statutes is amended to read:

440.994 (3) An Subject to sub. (6), 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, in substantially the same form, the following:

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 72 HOURS AFTER ENTERING INTO SIGNING THIS CONTRACT 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 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 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.

180,49 Section 49. 440.994 (3m) of the statutes is created to read:

440.994 (3m) An agency contract must be accompanied by a separate record signed by the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledging that signing the contract may result in the loss of the student athlete's eligibility to participate in the student athlete's sport.

180,50 Section 50. 440.994 (4) of the statutes is amended to read:

440.994 (4) An A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may void 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 the contract is voided, any consideration received from the athlete agent under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter to influence entering into the contract is not required to be returned.

180,51 Section 51. 440.994 (5) of the statutes is amended to read:

440.994 (5) The At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete a copy in a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution and the separate acknowledgement required under sub. (3m).

180,52 Section 52. 440.994 (6) of the statutes is created to read:

440.994 (6) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by sub. (3) must be revised accordingly.

180,53 Section 53. 440.9945 (1) of the statutes is renumbered 440.9945 (1r) and amended to read:

440.9945 (1r) Within Not later than 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.

180,54 Section 54. 440.9945 (1g) of the statutes is created to read:

440.9945 (1g) In this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.

180,55 Section 55. 440.9945 (2) of the statutes is amended to read:

440.9945 (2) Within Not later than 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 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 and the name and contact information of the athlete agent.

180,56 Section 56. 440.9945 (3) of the statutes is created to read:

440.9945 (3) 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 shall notify the athletic director of the educational institution of the existence of the contract not later than 72 hours after the athlete agent knew or should have known the student athlete enrolled.

180,57 Section 57. 440.9945 (4) of the statutes is created to read:

440.9945 (4) If an athlete agent has a relationship with a student athlete before the student athlete enrolls in an educational institution and receives an athletic scholarship from the educational institution, the athlete agent shall notify the educational institution of the relationship not later than 10 days after the enrollment if the athlete agent knows or should have known of the enrollment and any of the following is true:

(a) The relationship was motivated in whole or part by the intention of the athlete agent to recruit or solicit the student athlete for a future agency contract.

(b) The athlete agent directly or indirectly recruited or solicited the student athlete for the purpose of executing an agency contract before the enrollment.

180,58 Section 58. 440.9945 (5) of the statutes is created to read:

440.9945 (5) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the athlete agent communicates or attempts to communicate with any of the following:

(a) The student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to influence the student athlete or parent or guardian to enter into an agency contract.

(b) Any individual not identified in par. (a) to have that individual influence the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete, to enter into an agency contract.

180,59 Section 59. 440.9945 (6) of the statutes is created to read:

440.9945 (6) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the student athlete, the athlete agent shall notify in a record the athletic director of any educational institution at which the student athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.

180,60 Section 60. 440.9945 (7) of the statutes is created to read:

440.9945 (7) A notice under subs. (1r) to (6) is exempt from disclosure under s. 19.35 (1).

180,61 Section 61. 440.9945 (8) of the statutes is created to read:

440.9945 (8) An educational institution that becomes aware of a violation of this subchapter by an athlete agent shall notify the department and any professional league or players association with which the educational institution is aware the athlete agent is licensed or registered of the violation.

180,62 Section 62. 440.995 (1) of the statutes is amended to read:

440.995 (1) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in a record of the cancellation to the athlete agent in a record within not later than 14 days after the contract is signed.

180,63 Section 63. 440.995 (2) of the statutes is amended to read:

440.995 (2) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may not waive the right to cancel an agency contract.

180,64 Section 64. 440.995 (3) of the statutes is amended to read:

440.995 (3) If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce influence the student athlete to enter into the contract.

180,65 Section 65. 440.9955 (1) (intro.) of the statutes is amended to read:

440.9955 (1) (intro.) An athlete agent shall create and retain for 5 years all of the following records for a period of 5 years:

180,66 Section 66. 440.9955 (1) (b) of the statutes is amended to read:

440.9955 (1) (b) Any Each agency contract entered into by the athlete agent.

180,67 Section 67. 440.9955 (1) (c) of the statutes is amended to read:

440.9955 (1) (c) Any The direct costs incurred by the athlete agent in the recruitment or solicitation of a each student athlete to enter into an agency contract.

180,68 Section 68. 440.9955 (2) of the statutes is amended to read:

440.9955 (2) Records required by described in 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.

180,69 Section 69. 440.996 (1) (intro.) of the statutes is amended to read:

440.996 (1) (intro.) An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not intentionally do any of the following or encourage another individual to do or assist another individual in doing any of the following on behalf of the athlete agent:

180,69c Section 69c. 440.996 (1) (a) of the statutes is amended to read:

440.996 (1) (a) Give any a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student athlete, parent, or guardian to enter into an agency contract.

180,69g Section 69g. 440.996 (1) (b) of the statutes is renumbered 440.996 (1) (b) (intro.) and amended to read:

440.996 (1) (b) (intro.) Furnish anything a thing of value to a student athlete before the student athlete enters into the agency contract. or another individual, if to do so may result in the loss of the student athlete's eligibility to participate in the student athlete's sport, unless both of the following apply: