2019 Wisconsin Act 180

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:

180,69n Section 69n. 440.996 (1) (b) 1. of the statutes is created to read:

440.996 (1) (b) 1. The athlete agent notifies the athletic director of the educational institution at which the student athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student athlete intends to enroll, not later than 72 hours after furnishing the thing of value.

180,69r Section 69r. 440.996 (1) (b) 2. of the statutes is created to read:

440.996 (1) (b) 2. The student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledges to the athlete agent in a record that receipt of the thing of value may result in the loss of the student athlete's eligibility to participate in the student athlete's sport.

180,69w Section 69w. 440.996 (1) (c) of the statutes is repealed.

180,70 Section 70. 440.996 (2) (intro.) of the statutes is amended to read:

440.996 (2) (intro.) An athlete agent 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:

180,71 Section 71. 440.996 (2) (a) of the statutes is amended to read:

440.996 (2) (a) Initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to recruit or solicit the student athlete, parent, or guardian unless registered under this subchapter.

180,72 Section 72. 440.996 (2) (b) of the statutes is amended to read:

440.996 (2) (b) Refuse or fail Fail to create or retain or to permit inspection of the records required to be retained by s. 440.9955.

180,73 Section 73. 440.996 (2) (g) of the statutes is amended to read:

440.996 (2) (g) Fail to notify a student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete before the student athlete, parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible result in the loss of the student athlete's eligibility to participate as a student athlete in that in the student athlete's sport.

180,74 Section 74. 440.997 (1) of the statutes is amended to read:

440.997 (1) An educational institution or student athlete may bring an action against an athlete agent for damages caused by a if the educational institution or student athlete is adversely affected by an act or omission of the athlete agent in 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. An educational institution or student athlete is adversely affected by an act or omission of the athlete agent only if, because of the act or omission, the educational institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution suffers financial damage or is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports.

180,75 Section 75. 440.997 (2) of the statutes is repealed.

180,76 Section 76. 440.997 (2m) of the statutes is created to read:

440.997 (2m) A plaintiff that prevails in an action under this section may recover actual damages, costs, and, notwithstanding s. 814.04, reasonable attorney fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the athlete agent by or on behalf of the student athlete.

180,77 Section 77. 440.997 (3) of the statutes is repealed.

180,78 Section 78. 440.997 (3m) of the statutes is created to read:

440.997 (3m) Any violation of this subchapter by an athlete agent is an unfair method of competition and unfair trade practice prohibited under s. 100.20.

180,79 Section 79. 440.997 (5) of the statutes is repealed.

180,80 Section 80. 440.9975 of the statutes is amended to read:

440.9975 Administrative forfeiture. The department may directly assess a forfeiture against an athlete agent of not more than $25,000 $50,000 for a violation of this subchapter.

180,81 Section 81. 440.998 of the statutes is amended to read:

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 and Revised Uniform Athlete Agents Act (2015).