Senate File 385 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SSB
                                  1096)
 \5
                                   A BILL FOR
 \1
                                        Senate File 385

                             AN ACT
 RELATING TO THE REVISED UNIFORM ATHLETE AGENTS ACT AND
    PROVIDING REMEDIES AND PENALTIES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 9A.101, Code 2017, is amended to read as
 follows:
    9A.101  Title.
 This chapter shall be known may be cited as the "Uniform
  "Revised Uniform Athlete Agents Act" Act (2015)".
    Sec. 2.  Section 9A.102, subsection 1, Code 2017, is amended
 to read as follows:
    1.  "Agency contract" means an agreement pursuant to 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.
    Sec. 3.  Section 9A.102, subsection 2, Code 2017, is amended
 by striking the subsection and inserting in lieu thereof the
 following:
    2.  a.  "Athlete agent" means an individual, whether or not
 registered under this chapter, who does any of the following:
    (1)  Directly or indirectly, recruits or solicits a student
 athlete to enter into an agency contract or, for compensation,
 procures employment or offers, promises, attempts, or
 negotiates to obtain employment for a student athlete as a
 professional athlete or member of a professional sports team or
 organization.
    (2)  For compensation or in anticipation of compensation
 related to a student athlete's participation in athletics does
 either of the following:
    (a)  Serves the athlete in an advisory capacity on a
 matter related to finances, business pursuits, or career
 management decisions, unless the individual is an employee of
 an educational institution acting exclusively as an employee of
 the institution for the benefit of the institution.
    (b)  Manages the business affairs of the athlete by providing
 assistance with bills, payments, contracts, or taxes.
    (3)  In anticipation of representing a student athlete for a
 purpose related to the athlete's participation in athletics,
 does any of the following:
    (a)  Gives consideration to the student athlete or another
 person.
    (b)  Serves the athlete in an advisory capacity on a matter
 related to finances, business pursuits, or career management
 decisions.
    (c)  Manages the business affairs of the athlete by providing
 assistance with bills, payments, contracts, or taxes.
    b.  "Athlete agent" does not include an individual who does
 either of the following:
    (1)  Acts solely on behalf of a professional sports team or
 organization.
    (2)  Is a licensed, registered, or certified professional
 and offers or provides services to a student athlete
 customarily provided by members of the profession, unless the
 individual does any of the following:
    (a)  Also recruits or solicits the athlete to enter into an
 agency contract.
    (b)  Also, for compensation, procures employment or offers,
 promises, attempts, or negotiates to obtain employment for the
 athlete as a professional athlete or member of a professional
 sports team or organization.
    (c)  Receives consideration for providing the services
 calculated using a different method than for an individual who
 is not a student athlete.
    Sec. 4.  Section 9A.102, subsection 3, Code 2017, is amended
 to read as follows:
    3.  "Athletic director" means an the 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.
    Sec. 5.  Section 9A.102, subsection 4, Code 2017, is amended
 by striking the subsection and inserting in lieu thereof the
 following:
    4.  "Educational institution" means a public or private
 elementary school, secondary school, technical or vocational
 school, community college, college, or university.
    Sec. 6.  Section 9A.102, subsection 5, Code 2017, is amended
 to read as follows:
    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.
    Sec. 7.  Section 9A.102, Code 2017, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  5A.  "Enrolled" means registered for courses
 and attending athletic practice or class.  "Enrolls" has a
 corresponding meaning.
    Sec. 8.  Section 9A.102, subsection 6, Code 2017, is amended
 to read as follows:
    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 that
 promotes or regulates collegiate athletics.
    Sec. 9.  Section 9A.102, Code 2017, is amended by adding the
 following new subsections:
    NEW SUBSECTION.  6A.  "Interscholastic sport" means a sport
 played between educational institutions that are not community
 colleges, colleges, or universities.
    NEW SUBSECTION.  6B.  "Licensed, registered, or certified
 professional" means an individual licensed, registered, or
 certified as an attorney, dealer in securities, financial
 planner, insurance producer, real estate broker or sales agent,
 tax consultant, accountant, or member of a profession, other
 than that of athlete agent, who is licensed, registered, or
 certified by the state or a nationally recognized organization
 that licenses, registers, or certifies members of the
 profession on the basis of experience, education, or testing.
    Sec. 10.  Section 9A.102, subsections 7 and 8, Code 2017, are
 amended to read as follows:
    7.  "Person" means an individual, corporation estate,
 business trust, estate, trust, partnership, limited liability
 company, association, joint venture or nonprofit entity, public
 corporation, government, or governmental subdivision, agency,
 or instrumentality, public corporation, or any other legal or
 commercial entity.
    8.  "Professional sports services contract" means an agreement
 under which an individual is employed, as a professional
 athlete or agrees to render services, as a player on a
 professional sports team, or with a professional sports
 organization, or as a professional athlete.
    Sec. 11.  Section 9A.102, Code 2017, is amended by adding the
 following new subsections:
    NEW SUBSECTION.  9A.  "Recruit or solicit" means attempt to
 influence the choice of an athlete agent by a student athlete
 or, if the athlete is a minor, a parent or guardian of the
 athlete.  "Recruit or solicit" does not include giving advice on
 the selection of a particular agent in a family, coaching, or
 social situation unless the individual giving the advice does
 so because of the receipt or anticipated receipt of an economic
 benefit, directly or indirectly, from the agent.
    NEW SUBSECTION.  10A.  "Sign" means, with present intent to
 authenticate or adopt a record, doing any of the following:
    a.  Executing or adopting a tangible symbol.
    b.  Attaching to or logically associating with the record an
 electronic symbol, sound, or process.
    Sec. 12.  Section 9A.102, subsection 12, Code 2017, is
 amended to read as follows:
    12.  "Student athlete" means an individual who is eligible to
 attend an educational institution and engages in, is eligible
 to engage in, or may be eligible in the future to engage in, any
 interscholastic or intercollegiate sport. If "Student athlete"
  does not include an individual is permanently ineligible to
 participate in a particular interscholastic or intercollegiate
 sport, the individual is not a student athlete for purposes of
  that sport.
    Sec. 13.  Section 9A.103, Code 2017, is amended to read as
 follows:
    9A.103  Service of process ==== subpoenas Secretary of state ====
 authority ==== procedure.
    1.  Chapter 17A applies to this chapter.  The secretary
 of state may adopt rules under chapter 17A to implement this
 chapter. 
    1.  2.  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 individual acting as
 an athlete agent in this state.
    2.  3.  The secretary of state may issue subpoenas a subpoena
  for any material that is relevant to the administration of this
 chapter.
    Sec. 14.  Section 9A.104, subsections 2 and 3, Code 2017, are
 amended to read as follows:
    2.  Before being issued a certificate of registration under
 this chapter, an individual may act as an athlete agent in this
 state for all purposes except signing an agency contract, if
 all of the following occur:
    a.  A student athlete or another person acting on behalf
 of the student athlete initiates communication with the
 individual.
    b.  Within Not later than seven days after an initial act
 that requires the individual to register as an athlete agent,
 the individual submits an application for registration as an
 athlete agent in this state.
    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.
    Sec. 15.  Section 9A.105, Code 2017, is amended by striking
 the section and inserting in lieu thereof the following:
    9A.105  Registration as athlete agent ==== application ====
 requirements ==== reciprocal registration.
    1.  An applicant for registration as an athlete agent shall
 submit an application for registration to the secretary of
 state in a form prescribed by the secretary of state.  The
 applicant shall be an individual, and the application filed
 must be signed by the applicant under penalty of perjury.  The
 application shall contain at least all of the following:
    a.  The name, date, and place of birth of the applicant and
 the following contact information for the applicant:
    (1)  The address of the applicant's principal place of
 business.
    (2)  Work and mobile telephone numbers.
    (3)  Any means of communicating electronically, including
 a facsimile number, electronic mail address, and personal,
 business, and employer internet sites.
    b.  The name of the applicant's business or employer, if
 applicable, including for each business or employer, its
 mailing address, telephone number, organization form, and the
 nature of the business.
    c.  Each social media account with which the applicant or the
 applicant's business or employer is affiliated.
    d.  Each business or occupation in which the applicant
 engaged within five years before the date of the application,
 including self=employment and employment by others, and
 any professional or occupational license, registration, or
 certification held by the applicant during that time.
    e.  A description of the applicant, including:
    (1)  Formal training as an athlete agent.
    (2)  Practical experience as an athlete agent.
    (3)  Educational background relating to the applicant's
 activities as an athlete agent.
    f.  The name of each student athlete for whom the applicant
 acted as an athlete agent within five years before the date
 of the application or, if the student athlete is a minor, the
 name of the parent or guardian of the minor, together with the
 athlete's sport and last known team.
    g.  The name and address of each person that is any of the
 following:
    (1)  A partner, member, officer, manager, associate,
 or profit sharer or directly or indirectly holds an equity
 interest of five percent or greater of the athlete agent's
 business if it is not a corporation.
    (2)  An officer or director of a corporation employing the
 athlete agent or a shareholder having an interest of five
 percent or greater in the corporation.
    h.  A description of the status of any application by the
 applicant, or any person named under paragraph "g", for a state
 or federal business, professional, or occupational license,
 other than as an athlete agent, from a state or federal agency,
 including any denial, refusal to renew, suspension, withdrawal,
 or termination of the license and any reprimand or censure
 related to the license.
    i.  Whether the applicant, or any person named under
 paragraph "g", has pleaded guilty or no contest to, has been
 convicted of, or has charges pending for, a crime that would
 involve moral turpitude or be a felony if committed in this
 state, and, if so, identification of the following:
    (1)  The crime.
    (2)  The law enforcement agency involved.
    (3)  If applicable, the date of the conviction and the fine
 or penalty imposed.
    j.  Whether, within fifteen years before the date of
 application, the applicant, or any person named under paragraph
 "g", has been a defendant or respondent in a civil proceeding,
 including a proceeding seeking an adjudication of legal
 incompetence and, if so, the date and a full explanation of
 each proceeding.
    k.  Whether the applicant, or any person named under
 paragraph "g", has an unsatisfied judgment or a judgment of
 continuing effect, including alimony or a domestic order in the
 nature of child support, which is not current at the date of
 the application.
    l.  Whether, within ten years before the date of application,
 the applicant, or any person named under paragraph "g", was
 adjudicated bankrupt or was an owner of a business that was
 adjudicated bankrupt.
    m.  Whether there has been any administrative or judicial
 determination that the applicant, or any person named under
 paragraph "g", made a false, misleading, deceptive, or
 fraudulent representation.
    n.  Each instance in which conduct of the applicant, or any
 person named under paragraph "g", resulted in the imposition
 of a sanction, suspension, or declaration of ineligibility
 to participate in an interscholastic, intercollegiate, or
 professional athletic event on a student athlete or a sanction
 on an educational institution.
    o.  Each sanction, suspension, or disciplinary action taken
 against the applicant, or any person named under paragraph "g",
 arising out of occupational or professional conduct.
    p.  Whether there has been a denial of an application for,
 suspension or revocation of, refusal to renew, or abandonment
 of, the registration of the applicant, or any person named
 under paragraph "g", as an athlete agent in any state.
    q.  Each state in which the applicant currently is registered
 as an athlete agent or has applied to be registered as an
 athlete agent.
    r.  If the applicant is certified or registered by a
 professional league or players association, and if so, the
 following information:
    (1)  The name of the league or association.
    (2)  The date of certification or registration, and the date
 of expiration of the certification or registration, if any.
    (3)  If applicable, the date of any denial of an application
 for, suspension or revocation of, refusal to renew, withdrawal
 of, or termination of, the certification or registration or
 any reprimand or censure related to the certification or
 registration.
    s.  Any additional information required by the secretary of
 state by rule.
    2.  Instead of proceeding under subsection 1, an individual
 registered as an athlete agent in another state may apply for
 registration as an athlete agent in this state by submitting to
 the secretary of state the following:
    a.  A copy of the application for registration in another
 state.
    b.  A statement that identifies any material change in the
 information on the application or verifies there is no material
 change in the information, signed under penalty of perjury.
    c.  A copy of the certificate of registration from the other
 state.
    3.  The secretary of state shall issue a certificate of
 registration to an individual who applies for registration
 under subsection 2 if the secretary of state determines the
 following:
    a.  The application and registration requirements of the
 other state are substantially similar to or more restrictive
 than this chapter.
    b.  The registration has not been revoked or suspended and
 no action involving the individual's conduct as an athlete
 agent is pending against the individual or the individual's
 registration in any state.
    4.  For purposes of implementing subsection 3, the secretary
 of state shall do the following:
    a.  Cooperate with national organizations concerned with
 athlete agent issues and agencies in other states which
 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 chapter.
    b.  Exchange information, including information related
 to actions taken against registered athlete agents or their
 registrations, with those organizations and agencies.
    Sec. 16.  Section 9A.106, Code 2017, is amended to read as
 follows:
    9A.106  Certificate of registration ==== issuance or denial ====
 renewal.
    1.  Except as otherwise provided in subsection 2, the
 secretary of state shall issue a certificate of registration
 to an individual applicant for registration who complies with
 section 9A.105, subsection 1, or whose application has been
 accepted under section 9A.105, subsection 2.
    2.  The secretary of state may refuse to issue a certificate
 of registration to an applicant for registration under section
 9A.105, subsection 1, if the secretary of state 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 secretary of state may consider whether the
 applicant has done the following:
    a.  Been Pleaded guilty or no contest to, has been convicted
 of, or has charges pending for, a crime that, would involve
 moral turpitude or be a felony if committed in this state,
 would be a crime involving moral turpitude or a felony.
    b.  Made a materially false, misleading, deceptive, or
 fraudulent representation in the application or as an athlete
 agent.
    c.  Engaged in conduct that would disqualify the applicant
 from serving in a fiduciary capacity.
    d.  Engaged in conduct prohibited by section 9A.114.
    e.  Had a certificate of registration or licensure as an
 athlete agent suspended, revoked, or denied or been in any
 state.
    f.  Been refused renewal of a certificate of registration or
 licensure as an athlete agent in any state.
    f.  g.  Engaged in conduct which resulted resulting in
 the imposition of a sanction, suspension, or declaration
 of ineligibility to participate in an interscholastic, or
  intercollegiate, or professional athletic event on, of, or by a
 student athlete or a sanction on an educational institution.
    g.  h.  Engaged in conduct that significantly adversely
 reflects on the applicant's credibility, honesty, or integrity.
    3.  In making a determination under subsection 2, the
 secretary of state shall consider the following:
    a.  How recently the conduct occurred.
    b.  The nature of the conduct and the context in which it
 occurred.
    c.  Any other Other relevant conduct of the applicant.
    4.  An athlete agent registered under subsection 1 may apply
 to renew a certificate of the registration by submitting an
 application for renewal in a form prescribed by the secretary
 of state. An application filed under this section is a public
 record. 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.
    5.  An individual who has submitted an application for
 renewal of a certificate of athlete agent registered under
 section 9A.105, subsection 3, may renew the registration
 or licensure in another state, in lieu of submitting an
 application for renewal in the form prescribed pursuant to
  by proceeding under subsection 4 or, may file a copy of the
 application for renewal and a valid certificate of if the
  registration or licensure from in the other state has been
 renewed, by submitting to the secretary of state copies of the
 application for renewal in the other state and the renewed
 registration from the other state. The secretary of state
 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 complies with renew the registration if the
 secretary of state determines all of the following:
    a.  Was submitted in the other state within the six=month
 period immediately preceding the filing in this state and
 the applicant certifies the information contained in the
 application for renewal in the other state is current. 
    b.  a.  Contains information The registration requirements
 of the other state are substantially similar to or more
 comprehensive restrictive than that required in an application
 for renewal submitted in this state chapter.
    c.  Was signed by the applicant under penalty of perjury. 
    b.  The renewed registration has not been suspended or
 revoked and no action involving the individual's conduct as
 an athlete agent is pending against the individual or the
 individual's registration in any state.
    6.  An original A certificate of registration or a renewal
 of a certificate of registration under this chapter is valid
 for two years.
    Sec. 17.  Section 9A.107, Code 2017, is amended to read as
 follows:
    9A.107  Suspension, revocation, or refusal to renew
 registration.
    1.  The secretary of state may limit, suspend, revoke, or
 refuse to renew a certificate of registration of an individual
 registered under section 9A.106, subsection 1, for conduct that
 would have justified denial of refusal to issue a certificate
 of registration under section 9A.106, subsection 2.
    2.  The secretary of state may deny, suspend, or revoke, or
 refuse to renew a certificate of the registration or licensure
 only after proper notice and an opportunity for a hearing held
 in accordance with chapter 17A of an individual registered
 under section 9A.105, subsection 3, or renewed under section
 9A.106, subsection 5, for any reason for which the secretary of
 state could have refused to grant or renew registration or for
 conduct that would justify refusal to issue a certificate of
 registration under section 9A.106, subsection 2.
    Sec. 18.  Section 9A.108, Code 2017, is amended to read as
 follows:
    9A.108  Temporary registration.
    The secretary of state may issue a temporary certificate
 of registration as an athlete agent while an application for
 registration or renewal of registration is pending.
    Sec. 19.  Section 9A.109, Code 2017, is amended to read as
 follows:
    9A.109  Registration and renewal fees.
    An application for registration or renewal of registration
 as an athlete agent shall be accompanied by a reasonable
 registration or renewal of registration fee sufficient to
 offset expenses incurred in the administration of this chapter
 as established by the secretary of state.
    Sec. 20.  Section 9A.110, Code 2017, is amended to read as
 follows:
    9A.110  Required form of agency contract.
    1.  An agency contract shall be in a record, signed, or
 otherwise authenticated by the parties.
    2.  An agency contract shall contain the following
 information:
    a.  A statement that the agent is registered as an athlete
 agent in this state and a list of any other states in which the
 agent is registered as an athlete agent. 
    a.  b.  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 the athlete agent has received or will
 receive from any other source for entering into the contract
 or for providing the services.
    b.  c.  The name of any person not listed in the agent's
  application for registration or renewal of registration who
  which will be compensated because the student athlete signed
 the agency contract.
    c.  d.  The A description of any expenses that the student
  athlete agrees to reimburse.
    d.  e.  The A description of the services to be provided to
 the student athlete.
    e.  f.  The duration of the contract.
    f.  g.  The date of execution of the contract.
    3.  An Subject to subsection 7, an agency contract must
 contain, in close proximity to the signature of the student
 athlete, a conspicuous notice in boldface type in capital
 letters and in substantially the following form stating:
    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 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.
    4.  An agency contract that does not conform to this section
  is voidable must be accompanied by a separate record signed by
 the student athlete. If a student or, if the 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 is a minor, the parent or guardian of the
 athlete, acknowledging that signing the contract may result in
 the loss of the athlete's eligibility to participate in the
 athlete's sport.
    5.  A student athlete or, if the athlete is a minor, the
 parent or guardian of the athlete, may void an agency contract
 that does not conform to this section.  If the contract is
 voided, any consideration received from the athlete agent
 under the contract to induce entering into the contract is not
 required to be returned. 
    5.  6.  The At the time an agency contract is executed, the
  athlete agent shall give the student athlete or, if the athlete
 is a minor, the parent or guardian of the athlete, a copy in a
  record of the signed or otherwise authenticated agency contract
 to the student athlete at the time of execution of the contract
  and the separate acknowledgment required by subsection 4.
    7.  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 subsection 3 shall be revised accordingly.
    Sec. 21.  Section 9A.111, Code 2017, is amended to read as
 follows:
    9A.111  Notice to educational institution.
    1.  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. 
    1.  2.  Within Not later than seventy=two 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 at which the athlete agent has
 reasonable grounds to believe the student athlete intends to
 enroll.
    2.  3.  Within Not later than seventy=two 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 or intends to enroll that the
 student athlete has entered into an agency contract and the
 name and contact information of the athlete agent.
    4.  If an athlete agent enters into an agency contract with
 a student athlete and the athlete subsequently enrolls at an
 educational institution, the agent shall notify the athletic
 director of the educational institution of the existence of
 the agency contract not later than seventy=two hours after the
 agent knew or should have known the athlete enrolled.
    5.  If an athlete agent has a relationship with a student
 athlete before the athlete enrolls in an educational
 institution and receives an athletic scholarship from the
 educational institution, the agent shall notify the educational
 institution of the relationship not later than ten days after
 the enrollment if the agent knows or should have known of the
 enrollment and either of the following applies:
    a.  The relationship was motivated in whole or part by the
 intention of the agent to recruit or solicit the athlete to
 enter an agency contract in the future.
    b.  The agent directly or indirectly recruited or solicited
 the athlete to enter an agency contract before the enrollment.
    6.  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 agent communicates or
 attempts to communicate with either of the following for the
 following purposes:
    a.  The athlete or, if the athlete is a minor, a parent or
 guardian of the athlete, to influence the athlete or parent or
 guardian to enter into an agency contract.
    b.  Another individual to have that individual influence the
 athlete or, if the athlete is a minor, the parent or guardian
 of the athlete, to enter into an agency contract.
    7.  If a communication or attempt to communicate with an
 athlete agent is initiated by a student athlete or another
 individual on behalf of the athlete, the agent shall notify in
 a record the athletic director of any educational institution
 at which the athlete is enrolled.  The notification must
 be made not later than ten days after the communication or
 attempt.
    8.  An educational institution that becomes aware of a
 violation of this chapter by an athlete agent shall notify
 the secretary of state and any professional league or players
 association with which the institution is aware the agent is
 licensed or registered of the violation.
    Sec. 22.  Section 9A.112, Code 2017, is amended to read as
 follows:
    9A.112  Student athlete's right to cancel.
    1.  A student athlete or, if the athlete is a minor, the
 parent or guardian of the 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 fourteen
 days after the contract is signed.
    2.  A student athlete shall or, if the athlete is a minor,
 the parent or guardian of the athlete, may not waive the right
 to cancel an agency contract.
    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.
    Sec. 23.  Section 9A.113, Code 2017, is amended to read as
 follows:
    9A.113  Required records.
    1.  An athlete agent shall create and retain the following
 records for a period of five years records of the following:
    a.  The name and address of each individual represented by
 the athlete agent.
    b.  Any Each agency contract entered into by the athlete
  agent.
    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.
    2.  Records required to be retained pursuant to described in
  subsection 1 are open to inspection by the secretary of state
 during normal business hours.
    Sec. 24.  Section 9A.114, Code 2017, is amended to read as
 follows:
    9A.114  Prohibited conduct.
    1.  An athlete agent, with the intent to induce influence
  a student athlete or, if the student athlete is a minor, the
 parent or guardian of the student athlete, to enter into an
 agency contract, shall not do take any of the following actions
 or encourage any other individual to take or assist any other
 individual in taking any of the following actions on behalf of
 the agent:
    a.  Give any materially false, or misleading, deceptive,
 or fraudulent information or make a materially false promise
 or a materially false, misleading, deceptive, or fraudulent
  representation.
    b.  Furnish anything of value to a student the athlete before
 the student athlete enters into the agency contract.
    c.  Furnish anything of value to any an individual other than
 the student athlete or another registered athlete agent.
    2.  An athlete agent shall not intentionally do any of the
 following or encourage any other individual to do any of the
 following on behalf of the agent:
    a.  Initiate contact, directly or indirectly, with a student
 athlete or, if the athlete is a minor, a parent or guardian
 of the athlete, to recruit or solicit the athlete, parent, or
 guardian to enter an agency agreement unless registered under
 this chapter.
    b.  Refuse or fail Fail to create or retain or to permit
 inspection of the records required to be retained by section
 9A.113.
    c.  Fail to register when required by section 9A.104.
    d.  Provide materially false or misleading information in an
 application for registration or renewal of registration.
    e.  Predate or postdate an agency contract.
    f.  Fail to notify a student athlete or, if the athlete is a
 minor, a parent or guardian of the 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 to
 participate as a student athlete in that sport.
    Sec. 25.  Section 9A.116, subsection 1, Code 2017, is amended
 to read as follows:
    1.  An educational institution has a right of or student
 athlete may bring an action for damages against an athlete
 agent if the institution or a former student athlete for
 damages caused is adversely affected by a an act or omission
 of the agent in violation of this chapter. In an action under
 this section, the court may award costs and reasonable attorney
 fees to the prevailing party.  An educational institution or
 student athlete is adversely affected by an act or omission
 of the agent  only if, because of the act or omission, the
 institution or an individual who was a student athlete at the
 time of the act or omission and enrolled in the institution is
 either of the following:
    a.  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.
    b.  Suffers financial damage.
    Sec. 26.  Section 9A.116, subsections 2 and 3, Code 2017,
 are amended by striking the subsections and inserting in lieu
 thereof the following:
    2.  A plaintiff that prevails in an action under this
 section may recover actual damages, and costs and 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 agent by or on behalf of the athlete.
    3.  A violation of this chapter is an unlawful practice
 pursuant to section 714.16, subsection 2, paragraph "p".  The
 provisions of section 714.16, including but not limited to
 provisions relating to investigation, injunctive relief, and
 penalties, shall apply to this chapter.
    Sec. 27.  Section 9A.116, subsections 4 and 5, Code 2017, are
 amended by striking the subsections.
    Sec. 28.  Section 9A.117, Code 2017, is amended to read as
 follows:
    9A.117  Administrative penalty.
    The secretary of state may assess a civil penalty against an
 athlete agent not to exceed twenty=five fifty thousand dollars
 for a violation of this chapter.
    Sec. 29.  Section 9A.118, Code 2017, is amended to read as
 follows:
    9A.118  Uniformity of application and construction.
    In applying and construing this chapter, consideration must
 be given to the need to promote uniformity of the law with
 respect to the subject matter of this chapter among states that
 enact the revised uniform athlete agents Act (2015).
    Sec. 30.  Section 9A.119, Code 2017, is amended by striking
 the section and inserting in lieu thereof the following:
    9A.119  Relation to Electronic Signatures in Global and
 National Commerce Act.
    This chapter modifies, limits, or supersedes the federal
 Electronic Signatures in Global and National Commerce Act, 15
 U.S.C. {7001 et seq., but does not modify, limit, or supersede
 section 101(c) of that Act, 15 U.S.C. {7001(c), or authorize
 electronic delivery of any of the notices described in section
 103(b) of that Act, 15 U.S.C. {7003(b).
    Sec. 31.  NEW SECTION.  9A.120  Severability.
 If any provision of this chapter or its application to any
 person or circumstance is held invalid, the invalidity does
 not affect other provisions or applications of this chapter
 which can be given effect without the invalid provision or
 application, and to this end the provisions of this chapter are
 severable.
    Sec. 32.  Section 714.16, subsection 2, Code 2017, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  p.  It is an unlawful practice for an athlete
 agent to violate any of the provisions of chapter 9A.


                                                                                            CHARLES SCHNEIDE


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            KIM REYNOLDS

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