Bill Text: IA SSB1039 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to prohibited conduct by athlete agents and making penalties applicable.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-01-19 - Subcommittee: Johnson, Boulton, and Reichman. [SSB1039 Detail]
Download: Iowa-2021-SSB1039-Introduced.html
Senate
Study
Bill
1039
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
prohibited
conduct
by
athlete
agents
and
1
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
9A.114,
Code
2021,
is
amended
to
read
as
1
follows:
2
9A.114
Prohibited
conduct.
3
1.
An
athlete
agent
,
with
the
intent
to
influence
a
student
4
athlete
or,
if
the
student
athlete
is
a
minor,
the
parent
5
or
guardian
of
the
student
athlete,
to
enter
into
an
agency
6
contract,
shall
not
intentionally
take
any
of
the
following
7
actions
or
encourage
any
other
individual
to
take
or
assist
8
any
other
individual
in
taking
any
of
the
following
actions
on
9
behalf
of
the
agent
:
10
a.
1.
Give
a
student
athlete
or,
if
the
athlete
is
a
11
minor,
a
parent
or
guardian
of
the
athlete,
materially
false
12
or
misleading
information
or
make
a
materially
false
promise
13
or
representation
with
the
intent
to
influence
the
athlete,
14
parent,
or
guardian
to
enter
into
an
agency
contract
.
15
b.
2.
Furnish
anything
of
value
to
the
a
student
athlete
16
before
the
athlete
enters
into
the
contract.
or
another
17
individual,
if
doing
so
may
result
in
loss
of
the
athlete’s
18
eligibility
to
participate
in
the
athlete’s
sport,
unless
all
19
of
the
following
actions
are
taken:
20
c.
Furnish
anything
of
value
to
an
individual
other
than
the
21
athlete
or
another
registered
athlete
agent.
22
2.
An
athlete
agent
shall
not
intentionally
do
any
of
the
23
following
or
encourage
any
other
individual
to
do
any
of
the
24
following
on
behalf
of
the
agent:
25
a.
The
agent
notifies
the
athletic
director
of
the
26
educational
institution
at
which
the
athlete
is
enrolled,
or
at
27
which
the
agent
has
reasonable
grounds
to
believe
the
athlete
28
intends
to
enroll,
not
later
than
seventy-two
hours
after
29
furnishing
the
thing
of
value.
30
b.
The
student
athlete
or,
if
the
athlete
is
a
minor,
a
31
parent
or
guardian
of
the
athlete,
acknowledges
to
the
agent
32
in
a
record
that
receipt
of
the
thing
of
value
may
result
in
33
the
loss
of
the
athlete’s
eligibility
to
participate
in
the
34
athlete’s
sport.
35
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a.
3.
Initiate
contact,
directly
or
indirectly,
with
a
1
student
athlete
or,
if
the
athlete
is
a
minor,
a
parent
or
2
guardian
of
the
athlete,
to
recruit
or
solicit
the
athlete,
3
parent,
or
guardian
to
enter
an
agency
agreement
unless
4
registered
under
this
chapter
.
5
b.
4.
Fail
to
create
,
or
retain
,
or
to
permit
inspection
of
6
the
records
required
by
section
9A.113
.
7
c.
5.
Fail
to
register
when
required
by
section
9A.104
.
8
d.
6.
Provide
materially
false
or
misleading
information
in
9
an
application
for
registration
or
renewal
of
registration.
10
e.
7.
Predate
or
postdate
an
agency
contract.
11
f.
8.
Fail
to
notify
a
student
athlete
or,
if
the
athlete
12
is
a
minor,
a
parent
or
guardian
of
the
athlete
before
the
13
athlete,
parent,
or
guardian
signs
an
agency
contract
for
14
a
particular
sport
that
the
signing
may
make
the
athlete
15
ineligible
result
in
the
loss
of
the
athlete’s
eligibility
16
to
participate
as
a
student
athlete
in
that
in
the
athlete’s
17
sport.
18
9.
Encourage
another
individual
to
take
any
of
the
actions
19
described
in
subsections
1
through
8
on
behalf
of
the
agent.
20
10.
Encourage
another
individual
to
assist
any
other
21
individual
in
taking
in
any
of
the
actions
described
in
22
subsections
1
through
8
on
behalf
of
the
agent.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
prohibited
conduct
by
athlete
agents
27
under
Code
chapter
9A.
28
The
bill
strikes
language
prohibiting
an
agent
from
29
furnishing
anything
of
value
to
a
student
athlete
before
the
30
athlete
enters
into
an
agency
contract
and
also
prohibiting
31
furnishing
anything
of
value
to
an
individual
other
than
the
32
athlete
or
another
registered
athlete
agent.
The
bill
instead
33
prohibits
furnishing
anything
of
value
to
an
athlete
or
another
34
individual,
if
doing
so
may
result
in
loss
of
the
athlete’s
35
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eligibility
to
participate
in
the
athlete’s
sport,
unless
two
1
actions
occur.
The
agent
must
notify
the
athletic
director
of
2
the
educational
institution
at
which
the
athlete
is
enrolled,
3
or
at
which
the
agent
has
reasonable
grounds
to
believe
the
4
athlete
intends
to
enroll,
not
later
than
72
hours
after
5
furnishing
the
thing
of
value.
The
athlete
or,
if
the
athlete
6
is
a
minor,
a
parent
or
guardian
of
the
athlete,
must
also
7
acknowledge
to
the
agent
in
a
record
that
receipt
of
the
thing
8
of
value
may
result
in
the
loss
of
the
athlete’s
eligibility
to
9
participate
in
the
athlete’s
sport.
10
The
bill
prohibits
an
agent
from
encouraging
another
11
individual
to
engage
in
conduct
prohibited
for
agents,
or
from
12
encouraging
another
individual
to
assist
any
other
individual
13
in
engaging
in
conduct
prohibited
for
agents.
14
The
bill
modifies
prohibited
conduct,
other
than
giving
15
materially
false
or
misleading
information
or
making
a
16
materially
false
promise
or
representation,
by
prohibiting
17
such
conduct
when
engaged
in
intentionally,
rather
than
with
18
the
intent
to
influence
an
athlete
or
the
athlete’s
parent
or
19
guardian
to
enter
into
an
agency
contract.
20
By
operation
of
law,
a
violation
of
these
requirements
by
an
21
athlete
agent
is
a
serious
misdemeanor.
A
serious
misdemeanor
22
is
punishable
by
confinement
for
no
more
than
one
year
and
a
23
fine
of
at
least
$430
but
not
more
than
$2,560.
A
violation
24
may
also
result
in
a
civil
action
for
damages,
a
civil
penalty
25
of
up
to
$50,000,
or
the
secretary
of
state
refusing
to
26
issue,
limiting,
suspending,
revoking,
or
refusing
to
renew
a
27
certificate
of
registration
as
an
athlete
agent.
28
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