This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB82,60 10Section 60. 440.9945 (7) of the statutes is created to read:
AB82,20,1211 440.9945 (7) A notice under subs. (1r) to (6) is exempt from disclosure under
12s. 19.35 (1).
AB82,61 13Section 61. 440.9945 (8) of the statutes is created to read:
AB82,20,1714 440.9945 (8) An educational institution that becomes aware of a violation of
15this subchapter by an athlete agent shall notify the department and any professional
16league or players association with which the educational institution is aware the
17athlete agent is licensed or registered of the violation.
AB82,62 18Section 62. 440.995 (1) of the statutes is amended to read:
AB82,20,2219 440.995 (1) A student athlete or, if the student athlete is a minor, the parent
20or guardian of the student athlete
may cancel an agency contract by giving notice in
21a record
of the cancellation to the athlete agent in a record within not later than 14
22days after the contract is signed.
AB82,63 23Section 63. 440.995 (2) of the statutes is amended to read:
AB82,21,3
1440.995 (2) A student athlete or, if the student athlete is a minor, the parent
2or guardian of the student athlete
may not waive the right to cancel an agency
3contract.
AB82,64 4Section 64. 440.995 (3) of the statutes is amended to read:
AB82,21,85 440.995 (3) If a student athlete, parent, or guardian cancels an agency contract,
6the student athlete, parent, or guardian is not required to pay any consideration
7under the contract or to return any consideration received from the athlete agent to
8induce influence the student athlete to enter into the contract.
AB82,65 9Section 65. 440.9955 (1) (intro.) of the statutes is amended to read:
AB82,21,1110 440.9955 (1) (intro.) An athlete agent shall create and retain for 5 years all of
11the following records for a period of 5 years:
AB82,66 12Section 66. 440.9955 (1) (b) of the statutes is amended to read:
AB82,21,1313 440.9955 (1) (b) Any Each agency contract entered into by the athlete agent.
AB82,67 14Section 67. 440.9955 (1) (c) of the statutes is amended to read:
AB82,21,1615 440.9955 (1) (c) Any The direct costs incurred by the athlete agent in the
16recruitment or solicitation of a each student athlete to enter into an agency contract.
AB82,68 17Section 68. 440.9955 (2) of the statutes is amended to read:
AB82,21,2018 440.9955 (2) Records required by described in sub. (1) to be retained are open
19to inspection by the department during normal business hours. Upon demand, an
20athlete agent shall provide a copy of such a record to the department.
AB82,69 21Section 69. 440.996 (1) (intro.) of the statutes is amended to read:
AB82,22,222 440.996 (1) (intro.) An athlete agent, with the intent to induce influence a
23student athlete or, if the student athlete is a minor, the parent or guardian of the
24student athlete
to enter into an agency contract, may not do take any of the following

1actions or encourage any other individual to take or assist another individual in
2taking any of the following actions on behalf of the athlete agent
:
AB82,70 3Section 70. 440.996 (2) (intro.) of the statutes is amended to read:
AB82,22,64 440.996 (2) (intro.) An athlete agent may not intentionally do any of the
5following or encourage any other individual to do any of the following on behalf of the
6athlete agent
:
AB82,71 7Section 71. 440.996 (2) (a) of the statutes is amended to read:
AB82,22,118 440.996 (2) (a) Initiate contact, directly or indirectly, with a student athlete or,
9if the student athlete is a minor, a parent or guardian of the student athlete, to recruit
10or solicit the student athlete, parent, or guardian
unless registered under this
11subchapter.
AB82,72 12Section 72. 440.996 (2) (b) of the statutes is amended to read:
AB82,22,1413 440.996 (2) (b) Refuse or fail Fail to create or retain or to permit inspection of
14the records required to be retained by s. 440.9955.
AB82,73 15Section 73. 440.996 (2) (g) of the statutes is amended to read:
AB82,22,2016 440.996 (2) (g) Fail to notify a student athlete or, if the student athlete is a
17minor, the parent or guardian of the student athlete
before the student athlete,
18parent, or guardian
signs or otherwise authenticates an agency contract for a
19particular sport that the signing or authentication may make the student athlete
20ineligible to participate as a student athlete in that sport.
AB82,74 21Section 74. 440.997 (1) of the statutes is amended to read:
AB82,23,822 440.997 (1) An educational institution or student athlete may bring an action
23against an athlete agent for damages caused by a if the educational institution or
24student athlete is adversely affected by an act or omission of the athlete agent in

25violation of this subchapter. In an action under this subsection, the court may award

1to the prevailing party costs and, notwithstanding s. 814.04, reasonable attorney
2fees.
An educational institution or student athlete is adversely affected by an act or
3omission of the athlete agent only if, because of the act or omission, the educational
4institution or an individual who was a student athlete at the time of the act or
5omission and enrolled in the institution suffers financial damage or is suspended or
6disqualified from participation in an interscholastic or intercollegiate sports event
7by or under the rules of a state or national federation or association that promotes
8or regulates interscholastic or intercollegiate sports.
AB82,75 9Section 75. 440.997 (2) of the statutes is repealed.
AB82,76 10Section 76. 440.997 (2m) of the statutes is created to read:
AB82,23,1511 440.997 (2m) A plaintiff that prevails in an action under this section may
12recover actual damages, costs, and, notwithstanding s. 814.04, reasonable attorney
13fees. An athlete agent found liable under this section forfeits any right of payment
14for anything of benefit or value provided to the student athlete and shall refund any
15consideration paid to the athlete agent by or on behalf of the student athlete.
AB82,77 16Section 77. 440.997 (3) of the statutes is repealed.
AB82,78 17Section 78. 440.997 (3m) of the statutes is created to read:
AB82,23,1918 440.997 (3m) Any violation of this subchapter by an athlete agent is an unfair
19method of competition and unfair trade practice prohibited under s. 100.20.
AB82,79 20Section 79. 440.997 (5) of the statutes is repealed.
AB82,80 21Section 80. 440.9975 of the statutes is amended to read:
AB82,23,24 22440.9975 Administrative forfeiture. The department may directly assess
23a forfeiture against an athlete agent of not more than $25,000 $50,000 for a violation
24of this subchapter.
AB82,81 25Section 81. 440.998 of the statutes is amended to read:
AB82,24,4
1440.998 Uniformity of application and construction. In applying and
2construing this subchapter, consideration must be given to the need to promote
3uniformity of the law with respect to its subject matter among the states that enact
4the Uniform Athlete Agents Act and Revised Uniform Athlete Agents Act (2015).
AB82,82 5Section 82. 440.9985 of the statutes is repealed and recreated to read:
AB82,24,10 6440.9985 Relation to Electronic Signatures in Global and National
7Commerce Act.
This subchapter modifies, limits, or supersedes the Electronic
8Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, except that
9this subchapter does not modify, limit, or supersede 15 USC 7001 (c) or authorize
10electronic delivery of any of the notices described in 15 USC 7003 (b).
AB82,83 11Section 83. Initial applicability.
AB82,24,1612 (1) Initial application procedures. The treatment of s. 440.9915 (1) (intro.),
13(a), (b), (bm), (c), (e), (f), (gm), (h), (he), (hm), (hs), (i), (j), (k), (L), (m), and (n) first
14applies to an application for registration under that section received by the
15department of safety and professional services on the effective date of this
16subsection.
AB82,24,2017 (2) Reciprocal registration. The treatment of s. 440.9915 (2) first applies to
18an application for reciprocal registration under that section received by the
19department of safety and professional services on the effective date of this
20subsection.
AB82,24,2421 (3) Reciprocal registration renewal. The treatment of s. 440.992 (5) first
22applies to an application for renewal of a reciprocal registration received by the
23department of safety and professional services on the effective date of this
24subsection.
AB82,25,3
1(4) Agency contracts. The treatment of s. 440.994 (1), (2) (intro.), (a), and (ag),
2(3), (3m), (4), (5), and (6) first applies to an agency contract executed on the effective
3date of this subsection.
AB82,25,64 (5) Prohibited conduct. The treatment of s. 440.996 (1) (intro.) and (2) (intro.),
5(a), (b), and (g) first applies to conduct that occurs on the effective date of this
6subsection.
AB82,25,87 (6) Civil remedies. The treatment of s. 440.997 (1), (2), (2m), (3), (3m), and (5)
8first applies to an action that accrues on the effective date of this subsection.
AB82,25,109 (7) Administrative forfeiture. The treatment of s. 440.9975 first applies to a
10violation that occurs on the effective date of this subsection.
AB82,84 11Section 84. Effective date.
AB82,25,1312 (1) This act takes effect on the first day of the 4th month beginning after
13publication.
AB82,25,1414 (End)
Loading...
Loading...