2019 WISCONSIN ACT 180
An Act to repeal 440.99 (4), 440.996 (1) (c), 440.997 (2), 440.997 (3) and 440.997 (5); to renumber 440.994 (2) (a); to renumber and amend 440.9945 (1) and 440.996 (1) (b); to amend 440.99 (6), 440.99 (7), 440.99 (11), 440.991 (2) (b), 440.9915 (title), 440.9915 (1) (intro.), 440.9915 (1) (a), 440.9915 (1) (b), 440.9915 (1) (c), 440.9915 (1) (e), 440.9915 (1) (f), 440.9915 (1) (h), 440.9915 (1) (i), 440.9915 (1) (j), 440.9915 (1) (k), 440.9915 (1) (L), 440.992 (1), 440.992 (2) (intro.), 440.992 (2) (e), 440.992 (2) (f), 440.992 (2) (g), 440.992 (4), 440.9925 (1), 440.9925 (2), 440.994 (1), 440.994 (2) (intro.), 440.994 (3), 440.994 (4), 440.994 (5), 440.9945 (2), 440.995 (1), 440.995 (2), 440.995 (3), 440.9955 (1) (intro.), 440.9955 (1) (b), 440.9955 (1) (c), 440.9955 (2), 440.996 (1) (intro.), 440.996 (1) (a), 440.996 (2) (intro.), 440.996 (2) (a), 440.996 (2) (b), 440.996 (2) (g), 440.997 (1), 440.9975 and 440.998; to repeal and recreate 440.99 (2), 440.9915 (2), 440.992 (5) and 440.9985; and to create 440.99 (4r), 440.99 (5d), 440.99 (6c), 440.99 (6r), 440.99 (8c), 440.99 (9m), 440.9915 (1) (bm), 440.9915 (1) (gm), 440.9915 (1) (he), 440.9915 (1) (hm), 440.9915 (1) (hs), 440.9915 (1) (m), 440.9915 (1) (n), 440.9915 (1) (o), 440.9925 (1m), 440.994 (2) (ag), 440.994 (3m), 440.994 (6), 440.9945 (1g), 440.9945 (3), 440.9945 (4), 440.9945 (5), 440.9945 (6), 440.9945 (7), 440.9945 (8), 440.996 (1) (b) 1., 440.996 (1) (b) 2., 440.997 (2m) and 440.997 (3m) of the statutes; relating to: adopting revisions to the state's uniform athlete agents act and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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Section
1. 440.99 (2) of the statutes is repealed and recreated to read:
440.99 (2) (a) “Athlete agent” means an individual, whether or not registered under this act, who does any of the following:
1. Directly or indirectly recruits or solicits 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 in connection with a student athlete's participation in athletics, does any of the following:
a. Serves the student 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 educational institution for the benefit of the educational institution.
b. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes.
3. In anticipation of representing a student athlete for a purpose related to the student athlete's participation in athletics, does any of the following:
a. Gives consideration to the student athlete or another person.
b. Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions.
c. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes.
(b) “Athlete agent” does not include the following:
1. An individual who acts solely on behalf of a professional sports team or organization.
2. An individual who 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. Recruits or solicits.
b. For compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the student athlete as a professional athlete or member of a professional sports team or organization.
c. Receives consideration for providing the services, and the consideration is calculated using a different method than for an individual who is not a student athlete.
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2. 440.99 (4) of the statutes is repealed.
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3. 440.99 (4r) of the statutes is created to read:
440.99 (4r) “Educational institution” includes all of the following, whether public or private:
(a) An elementary school.
(b) A secondary school.
(c) A technical or vocational school.
(d) A community college.
(e) A college.
(f) A university.
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4. 440.99 (5d) of the statutes is created to read:
440.99 (5d) “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning.
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5. 440.99 (6) of the statutes is amended to read:
440.99 (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.
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6. 440.99 (6c) of the statutes is created to read:
440.99 (6c) “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities.
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7. 440.99 (6r) of the statutes is created to read:
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.
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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.
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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.
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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.
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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.
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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.
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13. 440.9915 (title) of the statutes is amended to read:
440.9915 (title) Registration as athlete agent; form; requirements; reciprocal registration.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
