2019 Wisconsin Act 180

440.99 (6r) “Licensed, registered, or certified professional” means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or other member of a profession, other than that of athlete agent, who is licensed, registered, or certified by this state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing.

180,8 Section 8. 440.99 (7) of the statutes is amended to read:

440.99 (7) “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.

180,9 Section 9. 440.99 (8c) of the statutes is created to read:

440.99 (8c) “Recruit or solicit” means attempt to influence the choice of an athlete agent or the choice to enter into an agency contract or both by a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete. The term does not include giving advice with respect to the selection of a particular athlete agent or with respect to entering into an agency contract if the advice is given 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 an athlete agent.

180,10 Section 10. 440.99 (9m) of the statutes is created to read:

440.99 (9m) “Sign” means any of the following, with present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol.

(b) To attach to or logically associate with the record an electronic symbol, sound, or process.

180,11 Section 11. 440.99 (11) of the statutes is amended to read:

440.99 (11) “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 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.

180,12 Section 12. 440.991 (2) (b) of the statutes is amended to read:

440.991 (2) (b) Within Not later than 7 days after an initial act that requires the individual to register as an athlete agent, such as an effort to recruit or solicit a student athlete to enter into an agency contract, the individual submits an application for registration as an athlete agent in this state.

180,13 Section 13. 440.9915 (title) of the statutes is amended to read:

440.9915 (title) Registration as athlete agent; form; requirements; reciprocal registration.

180,14 Section 14. 440.9915 (1) (intro.) of the statutes is amended to read:

440.9915 (1) (intro.) An applicant for registration as an athlete agent shall submit an application for registration to the department in a form prescribed by the department. The application must be in the name of applicant must be an individual, and, except as otherwise provided in sub. (2), the application must be signed or otherwise authenticated by the applicant under penalty of perjury and state or. The application must contain at least all of the following:

180,15 Section 15. 440.9915 (1) (a) of the statutes is amended to read:

440.9915 (1) (a) The name, date, and place of birth of the applicant and; the address of the applicant's principal place of business; the work and mobile telephone numbers of the applicant; and means of communicating electronically with the applicant, including facsimile number, electronic mail address, and personal and business or employer Internet sites.

180,16 Section 16. 440.9915 (1) (b) of the statutes is amended to read:

440.9915 (1) (b) The name A description of the applicant's each business or employer, if applicable , of the applicant, including the name, mailing address, telephone number, organization form, and nature of the business, of the applicant's business or employer.

180,17 Section 17. 440.9915 (1) (bm) of the statutes is created to read:

440.9915 (1) (bm) Each social media account with which the applicant or the applicant's business or employer is affiliated.

180,18 Section 18. 440.9915 (1) (c) of the statutes is amended to read:

440.9915 (1) (c) Any Each business or occupation in which the applicant engaged in by the applicant for the within 5 years next preceding before the date of submission 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.

180,19 Section 19. 440.9915 (1) (e) of the statutes is amended to read:

440.9915 (1) (e) The name, or if the student athlete is a minor, the name of the parent or guardian of the minor, sport, and last-known team for each individual for whom the applicant acted as an athlete agent during the within 5 years next preceding before the date of submission of the application.

180,20 Section 20. 440.9915 (1) (f) of the statutes is amended to read:

440.9915 (1) (f) If the athlete agent's business is not a corporation, the names and addresses of the partners, members, officers, managers, associates, or profit sharers of the business and of all persons directly or indirectly holding an equity interest of 5 percent or more of the business.

180,21 Section 21. 440.9915 (1) (gm) of the statutes is created to read:

440.9915 (1) (gm) A description of the status of any application by the applicant, or any person named under par. (f) or (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.

180,22 Section 22. 440.9915 (1) (h) of the statutes is amended to read:

440.9915 (1) (h) Whether the applicant or any person named pursuant to under par. (f) or (g) has been convicted of, or has charges pending for, a crime that, if committed in this state, would be a felony, and a description of the crime, the law enforcement agency involved, and, if applicable, the date of the conviction and the fine or penalty imposed.

180,23 Section 23. 440.9915 (1) (he) of the statutes is created to read:

440.9915 (1) (he) Whether, within 15 years before the date of the application, the applicant, or any person named under par. (f) or (g), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence and, if so, the date and a full explanation of each proceeding.

180,24 Section 24. 440.9915 (1) (hm) of the statutes is created to read:

440.9915 (1) (hm) Whether the applicant, or any person named under par. (f) or (g), has an unsatisfied judgment or a judgment of continuing effect, including for child or family support, maintenance, or spousal support that is not current at the date of the application.

180,25 Section 25. 440.9915 (1) (hs) of the statutes is created to read:

440.9915 (1) (hs) Whether, within 10 years before the date of the application, the applicant, or any person named under par. (f) or (g), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt.

180,26 Section 26. 440.9915 (1) (i) of the statutes is amended to read:

440.9915 (1) (i) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to under par. (f) or (g) has made a false, misleading, deceptive, or fraudulent representation.

180,27 Section 27. 440.9915 (1) (j) of the statutes is amended to read:

440.9915 (1) (j) Any Each instance in which the conduct of the applicant or any person named pursuant to par. (f) or (g) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or, intercollegiate athletic, or professional sports event on a student athlete or a sanction on an educational institution.

180,28 Section 28. 440.9915 (1) (k) of the statutes is amended to read:

440.9915 (1) (k) Any Each sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to under par. (f) or (g) arising out of occupational or professional conduct.

180,29 Section 29. 440.9915 (1) (L) of the statutes is amended to read:

440.9915 (1) (L) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, or abandonment of, the registration or licensure of the applicant or any person named pursuant to under par. (f) or (g) as an athlete agent in any state.

180,30 Section 30. 440.9915 (1) (m) of the statutes is created to read:

440.9915 (1) (m) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent.

180,31 Section 31. 440.9915 (1) (n) of the statutes is created to read:

440.9915 (1) (n) If the applicant is certified or registered by a professional league or players association, all of the following:

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.

180,32 Section 32. 440.9915 (1) (o) of the statutes is created to read:

440.9915 (1) (o) All additional information required by the department.

180,33 Section 33. 440.9915 (2) of the statutes is repealed and recreated to read:

440.9915 (2) (a) Instead of proceeding under sub. (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 department all of the following:

1. A copy of the application for registration in the other state.

2. A statement that identifies any material change in the information on the application for registration in the other state or verifies there is no material change in the information, signed under penalty of perjury.

3. A copy of the certificate of registration from the other state.

(b) The department shall issue a certificate of registration to an individual who complies with par. (a) and pays the initial credential fee determined by the department under s. 440.03 (9) (a) if the department determines that all of the following are true:

1. The application and registration requirements of the other state are substantially similar to or more restrictive than this subchapter.

2. 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.

(c) For purposes of implementing par. (b), the department may do all of the following:

1. Cooperate with national organizations concerned with athlete agent issues and agencies in other states that 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 subchapter.

2. Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

180,34 Section 34. 440.992 (1) of the statutes is amended to read:

440.992 (1) Except as otherwise provided in sub. (2), the department shall issue a certificate of registration to an individual who complies with s. 440.9915 (1) or whose application has been accepted under s. 440.9915 (2), if the individual has paid the initial credential fee determined by the department under s. 440.03 (9) (a).

180,35 Section 35. 440.992 (2) (intro.) of the statutes is amended to read:

440.992 (2) (intro.) The department may refuse to issue a certificate of registration to an applicant for registration under s. 440.9915 (1) if the department 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 department may consider whether the applicant has done any of the following:

180,36 Section 36. 440.992 (2) (e) of the statutes is amended to read:

440.992 (2) (e) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state.

180,37 Section 37. 440.992 (2) (f) of the statutes is amended to read:

440.992 (2) (f) Engaged in conduct the consequence of which was that resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or, intercollegiate athletic, or professional sports event was imposed on a student athlete or a sanction on an educational institution.

180,38 Section 38. 440.992 (2) (g) of the statutes is amended to read:

440.992 (2) (g) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.

180,39 Section 39. 440.992 (4) of the statutes is amended to read:

440.992 (4) An athlete agent registered under sub. (1) may apply to renew a the registration by submitting an application for renewal in a form prescribed by the department. 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. Applications submitted under this subsection shall be open to inspection at all reasonable hours authorized by representatives of the department.

180,40 Section 40. 440.992 (5) of the statutes is repealed and recreated to read:

440.992 (5) An athlete agent registered under s. 440.9915 (2) may renew the registration by proceeding under sub. (4) or, if the registration in the other state has been renewed, by submitting to the department copies of the application for renewal in the other state and the renewed registration from the other state. The department shall renew the registration if it determines that all of the following are true:

(a) The registration requirements of the other state are substantially similar to or more restrictive than this subchapter.

(b) The renewed registration has not been suspended or revoked and no action involving the athlete agent's conduct as an athlete agent is pending against the athlete agent or his or her registration in any state.

180,41 Section 41. 440.9925 (1) of the statutes is amended to read:

440.9925 (1) The department may limit, suspend, revoke, or refuse to renew a registration of an individual issued a certificate of registration under s. 440.992 (1) for conduct that would have justified denial justify refusal to issue a certificate of registration under s. 440.992 (2).

180,42 Section 42. 440.9925 (1m) of the statutes is created to read:

440.9925 (1m) The department may suspend or revoke the registration of an individual issued a certificate of registration under s. 440.9915 (2) or renewed under s. 440.992 (5) for any reason for which the department could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under s. 440.992 (2).

180,43 Section 43. 440.9925 (2) of the statutes is amended to read:

440.9925 (2) The department may deny, limit, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing.