Illinois has repealed its athlete agent act and no longer requires or issues a credential for the athlete agent profession.
Iowa:
Iowa does not have administrative rules regulating athlete agents but adopts the UAAA in statute (IA Stats. § 9A.114).
Michigan:
Michigan does not have statutes or administrative rules specific to the regulation of athlete agents.
Minnesota:
Minnesota does not have administrative rules for the regulation of athlete agents but does adopt the RUAAA as Wisconsin does (MN Stats. § 81A).
Summary of factual data and analytical methodologies:
2019 Wisconsin Acts 143 and 180 require that the department update its rules relating to athlete agents to implement the statutory changes enacted by these acts. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule draft was posted on the department’s website for 14 days in order to solicit comments from small businesses on potential economic impact.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on small business:
No impact.
Agency contact person:
Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0955; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
The public hearing on this rule was held on August 28, 2020.
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TEXT OF RULE
Section 1. SPS 150.02 is repealed and recreated to read:
SPS 150.02 Definitions; generally. As used in chs. SPS 150 to 154: (1) “Athlete agent” has the meaning given in s. 440.99 (2), Stats. (2) “Department” means the department of safety and professional services.
(3) “Educational institution” has the meaning given in s. 440.99 (4r), Stats. (4) “Registration” has the meaning given in s. 440.99 (9), Stats. (5) “State” has the meaning given in s. 440.99 (10), Stats. (6) “Student athlete” has the meaning given in s. 440.99 (11), Stats. Section 2. SPS 151.01 is repealed and recreated to read:
SPS 151.01 Definitions; this chapter. As used in this chapter:
(1) “Former service member” has the meaning provided in s. 440.09 (1) (a), Stats. (2) “Service member” has the meaning provided in s. 440.09 (1) (b), Stats. Section 3. SPS 151.02 is repealed and recreated to read:
SPS 151.02 Applications. An applicant for an athlete agent certificate of registration under s. 440.9915 (1), Stats. shall submit all the following to the department: (1) A completed application form provided by the department.
(3) For applicants who have a pending criminal charge or have been convicted of a crime, subject to ss. 111.321, 111.322, and 111.335, Stats., all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of an athlete agent. Note: Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266−2112. Section 4. SPS 151.03 is repealed.
Section 5. SPS 151.04 is repealed and recreated to read:
SPS 151.04 Reciprocity; generally. The department shall issue a certificate of registration to an applicant registered as an athlete agent in another state if the applicant submits all the following:
(1) A copy of the application for registration in the other state.
(2) A statement identifying any material change in information or verifying there is no material change in information on the application for registration in the other state.
(3) A copy of the certificate of registration from the other state.
(4) The fee required under s. 440.05 (2), Stats. (5) Documentary evidence that the application and registration requirements of the other state are substantially similar to or more restrictive than the requirements for registration under s. 440.992, Stats. (6) Documentary evidence that the registration of the other state 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.
Note: Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266−2112.
Section 6. SPS 151.05 is repealed.
Section 7. SPS 151.06 and 151.07 are created to read:
SPS 151.06 Reciprocity for service members, former service members, and spouses of service members or former service members. The department shall issue a certificate of registration to a service member, former service member, or spouse of a service member or former service member who resides in this state and submits all the following:
(1) A completed reciprocity form provided by the department.
(3) Documentary evidence satisfactory to the department that the applicant holds a license, certification, registration, or permit that was granted by a governmental authority in a jurisdiction outside this state that qualifies the applicant to perform the acts authorized under a certification of registration as an athlete agent.
(4) Documentary evidence satisfactory to the department that the applicant is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a license, certification, registration, or permit that qualifies the individual to perform acts authorized under a certification of registration as an athlete agent.
