Bill Text: IA SSB1096 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the revised uniform athlete agents Act and providing remedies and penalties.

Spectrum: Committee Bill

Status: (N/A - Dead) 2017-02-23 - Subcommittee recommends passage. [SSB1096 Detail]

Download: Iowa-2017-SSB1096-Introduced.html

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Senate Study Bill 1096 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON ZAUN)
A BILL FOR
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:
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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:
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(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:
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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
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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”
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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.
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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
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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.
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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.
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(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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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 .
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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
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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.
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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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill revises the “Uniform Athlete Agents Act” contained
in Code chapter 9A, and provides remedies and penalties. The
revised Code chapter may be cited as the “Revised Uniform
Athlete Agents Act (2015)”.
Code section 9A.102 is amended by striking and rewriting
the definition of “athlete agent”. Code section 9A.102 is
amended by modifying existing definitions of “agency contract”;
“athletic director”; “endorsement contract”; “intercollegiate
sport”; “person”; “professional sports services contract”; and
“student athlete”. New definitions are added for “educational
institution”; “enrolled” or “enrolls”; “interscholastic sport”;
“licensed, registered, or certified professional”; “recruit
or solicit”; and “sign”. The bill deletes the definition of
“contact”.
Code section 9A.103 is amended to expressly provide that the
secretary of state may adopt rules under Code chapter 17A to
implement the chapter.
Code section 9A.104 is amended to provide that an individual
may act as an athlete agent, except for signing an agency
contract, if a student athlete or a person acting on the
athlete’s behalf initiates communication with the individual
and the individual submits an application for registration as
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an athlete agent in this state not later than seven days after
an initial act that requires the individual to register.
Code section 9A.105 is stricken and rewritten. Code section
9A.105(1) specifies information that must be included in an
application for registration as an athlete agent.
Code section 9A.105(2) provides that instead of submitting
an application under Code section 9A.105(1), an individual
registered as an athlete agent in another state may apply for
registration as an agent in this state by submitting a copy of
the application and certificate from the other state, and a
statement indicating any material changes.
Code section 9A.105(3) requires the secretary of state
to issue a certificate of registration in this state if the
application and registration requirements in the other state
are substantially similar or are more restrictive and the
agent’s registration has not been revoked or suspended and is
not under pending action in any state.
Code section 9A.105(4) directs the secretary of state to
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
to exchange information related to actions taken against
registered athlete agents or their registrations.
Code section 9A.106, regarding the issuance or denial of
certificates of registration as an athlete agent or a renewal
of a certificate, is amended. The secretary of state can
consider not only whether an applicant has been convicted of a
crime that would involve moral turpitude or be a felony, but
whether the applicant has pleaded guilty or no contest to such
a crime. The secretary of state can also consider whether
an applicant has engaged in conduct resulting in 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.
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Code section 9A.107, concerning suspension, revocation,
or refusal to renew registration of an athlete agent, is
amended to allow the secretary of state to also limit such
registration. The secretary of state may suspend or revoke the
registration in this state of an individual registered as an
athlete agent in another state for any reason for which the
secretary could have refused to grant, renew, or refuse to
issue registration to an individual registered as an athlete
agent only in this state.
Code section 9A.108 is amended to specify that the secretary
of state may issue a temporary certificate of registration
as an athlete agent while an application for registration or
renewal is pending.
Code section 9A.110 is amended to modify specifications
for what must be included in an agency contract. The bill
specifies that if an athlete is a minor, the parent or guardian
of the athlete may sign or void an agency contract and is
entitled to a copy of the contract.
Code section 9A.111 is amended to add requirements
related to an athlete agent’s duty to give certain notice to
educational institutions. For purposes of this Code 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.
Code section 9A.111 is amended to require an athlete agent
to notify the athletic director of an educational institution
of the existence of an agency contract not later than 72 hours
after the agent knew or should have known the student athlete
enrolled in an educational institution. The agent must also
notify the educational institution not later than 10 days after
the agent knew or should have known of the student athlete’s
enrollment if the agent has a relationship with the athlete
motivated by the intention of the agent to recruit or solicit
the athlete to enter into an agency contract in the future or
the agent directly or indirectly recruited or solicited the
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athlete to enter into a contract before the enrollment. The
athlete agent must also give notice to the athletic director of
the educational institution before communicating or attempting
to communicate with the athlete or, if the athlete is a minor,
the athlete’s parent or guardian, or with another individual,
to influence the athlete to enter into an agency contract.
If the student athlete initiates a communication or attempts
to communicate with an agent, the agent shall notify the
athletic director of the educational institution in which the
student athlete is enrolled, not later than 10 days after the
communication or attempt to communicate is made by the athlete.
Code section 9A.111 is also amended to provide that an
educational institution that becomes aware of a violation of
Code chapter 9A by an athlete agent is required to 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.
Code section 9A.112 is amended to provide that if a student
athlete is a minor, the parent or guardian of the athlete may
cancel an agency contract not later than 14 days after the
contract is signed. If the contract is canceled, the athlete,
parent, or guardian is not required to pay any consideration
under the contract or repay any consideration received from the
athlete agent to induce the athlete to enter into the contract.
Code section 9A.113 is amended to require an athlete agent
to create and retain records containing specified information
which is open to inspection by the secretary of state during
normal business hours.
Code section 9A.114 is amended to extend prohibited conduct
of an athlete agent to conduct involving the parent or guardian
of a student athlete who is a minor. An athlete agent is
prohibited from taking, or encouraging another individual on
behalf of the agent to take, specified actions. An athlete
agent is prohibited from initiating contact, directly or
indirectly, with a student athlete or a minor athlete’s parent
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or guardian to recruit or solicit the athlete, parent, or
guardian to enter into an agency agreement, unless the agent is
registered under Code chapter 9A. The agent is also prohibited
from failing to notify a student athlete, or a minor athlete’s
parent or guardian, before signing an agency contract for a
particular sport that signing the contract may make the student
athlete ineligible to participate as a student athlete in that
sport.
Code section 9A.116 is amended to provide that an
educational institution or a student athlete may bring an
action for damages against an athlete agent if the institution
or athlete is adversely affected by an act or omission of the
agent in violation of Code chapter 9A. The bill provides that
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, either 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, or suffers financial damage.
Code section 9A.116 is also amended to provide that a
plaintiff who prevails in an action under the Code section
may recover actual damages, and costs and reasonable attorney
fees. An athlete agent found liable under this Code section
forfeits any right of payment by the student athlete and must
refund any consideration paid to the agent by or on behalf of
the student athlete. The bill also provides that a violation
of Code chapter 9A is an unlawful practice under Code section
714.16 and the provisions of that Code section relating to
investigation, injunctive relief, and penalties also apply
to Code chapter 9A. A corresponding change is made to Code
section 714.16 specifying that it is an unlawful practice for
an athlete agent to violate any of the provisions of Code
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chapter 9A.
Code section 9A.117 is amended to provide that the secretary
of state may assess a civil penalty against an athlete agent
not to exceed $50,000 instead of $25,000.
Code section 9A.118 is amended to reflect that the bill
amends Code chapter 9A to contain the subject matter of the
Revised Uniform Athlete Agents Act (2015).
Code section 9A.119 is stricken and rewritten to provide
that Code chapter 9A modifies, limits, or supersedes the
federal Electronic Signatures in Global and Commerce Act,
but does not modify, limit, or supersede section 101(c) of
the federal Act pertaining to consumer access to information
electronically, or authorize electronic delivery of certain
specified notices.
New Code section 9A.120 makes the provisions of Code chapter
9A severable in the event that the provisions of the Code
chapter or their applicability to any person or circumstance
is found to be invalid.
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