Amendment ASA1-AB403

AB403-ASA1,4,6 subchapter xii

AB403-ASA1,4,7 Uniform athlete agents act

AB403-ASA1,4,8 440.99 Definitions. In this subchapter:

AB403-ASA1,4,11 (1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports-services contract or an endorsement contract.

AB403-ASA1,4,20 (2) "Athlete agent" means an individual who enters into an agency contract with a student athlete or recruits or solicits a student athlete to enter into an agency contract. "Athlete agent" includes an individual who represents to the public that the individual is an athlete agent. "Athlete agent" does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. "Athlete agent" also does not include an individual who provides information to a student athlete, but who does not recruit or solicit the student athlete to enter into an agency contract.

AB403-ASA1,4,25 (3) "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

AB403-ASA1,5,3 (4) "Contact" means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract.

AB403-ASA1,5,7 (5) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

AB403-ASA1,5,10 (6) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.

AB403-ASA1,5,13 (7) "Professional-sports-services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.

AB403-ASA1,5,15 (8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

AB403-ASA1,5,17 (9) "Registration" means registration as an athlete agent under this subchapter.

AB403-ASA1,5,20 (10) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

AB403-ASA1,5,24 (11) "Student athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport.

AB403-ASA1,6,4 440.9905 Service of process. By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.

AB403-ASA1,6,8 440.991 Athlete agents: registration required; void contracts. (1) Except as otherwise provided in sub. (2), an individual may not act as an athlete agent in this state without holding a certificate of registration under s. 440.992 or 440.993.

AB403-ASA1,6,11 (2) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if all of the following are satisfied:

AB403-ASA1,6,13 (a) A student athlete or another person acting on behalf of the student athlete initiates communication with the individual.

AB403-ASA1,6,16 (b) Within 7 days after an initial act as an athlete agent, such as an effort to recruit or solicit a student athlete to enter into an agency contract, the individual submits an application for registration as an athlete agent in this state.

AB403-ASA1,6,18 (3) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.

AB403-ASA1,6,24 440.9915 Registration as athlete agent; form; requirements. (1) An applicant for registration as an athlete agent shall submit an application for registration to the department in a form prescribed by the department. The application must be in the name of an individual and, except as otherwise provided in sub. (2), signed or otherwise authenticated by the applicant under penalty of perjury and state or contain all of the following:

AB403-ASA1,7,2 (a) The name of the applicant and the address of the applicant's principal place of business.

AB403-ASA1,7,3 (b) The name of the applicant's business or employer, if applicable.

AB403-ASA1,7,5 (c) Any business or occupation engaged in by the applicant for the 5 years next preceding the date of submission of the application.

AB403-ASA1,7,6 (d) A description of all of the following:

AB403-ASA1,7,7 1. The applicant's formal training as an athlete agent.

AB403-ASA1,7,8 2. The applicant's practical experience as an athlete agent.

AB403-ASA1,7,10 3. The applicant's educational background relating to his or her activities as an athlete agent.

AB403-ASA1,7,13 (e) The name, sport, and last-known team for each individual for whom the applicant acted as an athlete agent during the 5 years next preceding the date of submission of the application.

AB403-ASA1,7,16 (f) If the athlete agent's business is not a corporation, the names and addresses of the partners, members, officers, managers, associates, or profit sharers of the business.

AB403-ASA1,7,19 (g) If the athlete agent is employed by a corporation, the names and addresses of the officers and directors of the corporation and any shareholder of the corporation having an interest of 5 percent or more.

AB403-ASA1,7,22 (h) Whether the applicant or any person named pursuant to par. (f) or (g) has been convicted of a crime that, if committed in this state, would be a felony, and a description of the crime.

AB403-ASA1,7,25 (i) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to par. (f) or (g) has made a false, misleading, deceptive, or fraudulent representation.

AB403-ASA1,8,4 (j) Any instance in which the conduct of the applicant or any person named pursuant to par. (f) or (g) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution.

AB403-ASA1,8,7 (k) Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to par. (f) or (g) arising out of occupational or professional conduct.

AB403-ASA1,8,10 (L) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to par. (f) or (g) as an athlete agent in any state.

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.