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S.F. No. 2399 - Revised Uniform Athlete Agents Act (as amended by the A-1 amendment)
 
Author: Senator Melisa Franzen
 
Prepared By: Christopher B. Stang, Senate Counsel (651/296-0539)
 
Date: March 23, 2018



 

This bill enacts the Revised Uniform Athlete Agents Act, repeals inconsistent prior statutes, and makes conforming changes.

Article 1: Revised Uniform Athlete Agents Act

Section 1 [81A.22] Short title. Allows this act to be cited as the “Revised Uniform Athlete Agents Act.”

Section 2 [81A.23] Definitions. Provides definitions for, among other terms, “athlete agent”, “educational institution”, “endorsement contract”, “professional sports services contract”, and “student athlete.”

Section 3 [81A.25] Certificate of registration required. Requires an athlete agent to hold a certificate of registration before acting as an athlete agent, with a short-term exception.

Section 4 [81A.26] Registration application. Provides the requirements for an athlete agent’s registration application, requiring significant background information. Allows for reciprocity if the athlete agent is registered in another state.

Section 5 [81A.27] Registration issuance and renewal. Requires the commissioner of commerce to issue a certificate of registration when the applicant meets the requirements of section 5. Allows the commissioner to refuse to issue a certificate of registration under certain circumstances. Provides that a registration certificate is valid for two years, and allows for renewals.

Section 6 [81A.28] Suspension, revocation, or refusal to renew registration. Allows the commissioner of commerce to limit, suspend, revoke, or refuse to renew a registration if the athlete agent would be disqualified under section 6.

Section 7 [81A.29] Temporary registration. Allows the commissioner of commerce to issue a temporary certificate of registration while an athlete agent’s application or renewal is pending.

Section 8 [81A.31] Agency contract. Requires an agency contract to include certain information, including a warning to the student athlete that he or she will no longer be eligible to compete as a student, and consent by a guardian, if necessary.

Section 9 [81A.32] Required notices. Requires the athlete agent to notify the athletic director at an educational institution that the student athlete is under contract with the agent. If an educational institution becomes aware of a violation of this act, it must notify the commissioner of commerce and any league representative.

Section 10 [81A.33] Student athlete’s right to cancel. A student or guardian, if there is one, may cancel an agency contract within 14 days of signing. This provision is nonwaivable and the student athlete is not required to return anything of value he or she received from the athlete agent in exchange for signing the agency contract.

Section 11 [81A.34] Required records. Requires an athlete agent to retain certain records for 5 years and make the records available to the commissioner of commerce.

Section 12 [81A.35] Prohibited conduct. Prohibits the athlete agent from engaging in certain conduct for the purpose of inducing a student athlete to execute an agency contract. Prohibits the athlete agent from engaging in certain contracting related practices.

Section 13 [81A.37] Relation to Electronic Signatures in Global and National Commerce Act. Provides that this bill modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act but does not affect the provisions of that federal law related to consumer disclosures through electronic means or the provisions that exempt certain transactions from the act including court related matters.

Section 14 Repealer. Repeals parts of the current Uniform Athlete Agents Act replaced by the provisions of this bill.

Section 15 Effective date. This bill is effective August 1, 2018.

Article 2: Conforming Change

Section 1 Scope. Makes technical changes to cross-references.

Section 2 Revisor’s instruction. Makes technical changes to cross-references.

 
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