SB117: Bill Text

SB117,9,25 440.9915 (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.

SB117,20 Section 20. 440.9915 (1) (f) of the statutes is amended to read:

SB117,10,7 440.9915 (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.

SB117,21 Section 21. 440.9915 (1) (gm) of the statutes is created to read:

SB117,10,13 440.9915 (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.

SB117,22 Section 22. 440.9915 (1) (h) of the statutes is amended to read:

SB117,10,19 440.9915 (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.

SB117,23 Section 23. 440.9915 (1) (he) of the statutes is created to read:

SB117,10,24 440.9915 (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.

SB117,24 Section 24. 440.9915 (1) (hm) of the statutes is created to read:

SB117,11,4 440.9915 (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.

SB117,25 Section 25. 440.9915 (1) (hs) of the statutes is created to read:

SB117,11,8 440.9915 (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.

SB117,26 Section 26. 440.9915 (1) (i) of the statutes is amended to read:

SB117,11,12 440.9915 (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.

SB117,27 Section 27. 440.9915 (1) (j) of the statutes is amended to read:

SB117,11,18 440.9915 (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.

SB117,28 Section 28. 440.9915 (1) (k) of the statutes is amended to read:

SB117,11,22 440.9915 (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.

SB117,29 Section 29. 440.9915 (1) (L) of the statutes is amended to read:

SB117,12,2 440.9915 (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.

SB117,30 Section 30. 440.9915 (1) (m) of the statutes is created to read:

SB117,12,5 440.9915 (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.

SB117,31 Section 31. 440.9915 (1) (n) of the statutes is created to read:

SB117,12,8 440.9915 (1) (n) If the applicant is certified or registered by a professional league or players association, all of the following:

SB117,12,9 1. The name of the league or association.

SB117,12,11 2. The date of certification or registration, and the date of expiration of the certification or registration, if any.

SB117,12,14 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.

SB117,32 Section 32. 440.9915 (1) (o) of the statutes is created to read:

SB117,12,16 440.9915 (1) (o) All additional information required by the department.

SB117,33 Section 33. 440.9915 (2) of the statutes is repealed and recreated to read:

SB117,12,20 440.9915 (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:

SB117,12,21 1. A copy of the application for registration in the other state.

SB117,12,24 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.

SB117,12,25 3. A copy of the certificate of registration from the other state.

SB117,13,4 (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:

SB117,13,6 1. The application and registration requirements of the other state are substantially similar to or more restrictive than this subchapter.

SB117,13,9 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.

SB117,13,11 (c) For purposes of implementing par. (b), the department may do all of the following:

SB117,13,15 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.

SB117,13,18 2. Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

SB117,34 Section 34. 440.992 (1) of the statutes is amended to read:

SB117,13,23 440.992 (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).

SB117,35 Section 35. 440.992 (2) (intro.) of the statutes is amended to read:

SB117,14,6 440.992 (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:

SB117,36 Section 36. 440.992 (2) (e) of the statutes is amended to read:

SB117,14,10 440.992 (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.

SB117,37 Section 37. 440.992 (2) (f) of the statutes is amended to read:

SB117,14,15 440.992 (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.

SB117,38 Section 38. 440.992 (2) (g) of the statutes is amended to read:

SB117,14,18 440.992 (2) (g) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.

SB117,39 Section 39. 440.992 (4) of the statutes is amended to read:

SB117,15,2 440.992 (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.

SB117,40 Section 40. 440.992 (5) of the statutes is repealed and recreated to read:

SB117,15,8 440.992 (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:

SB117,15,10 (a) The registration requirements of the other state are substantially similar to or more restrictive than this subchapter.

SB117,15,13 (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.

SB117,41 Section 41. 440.9925 (1) of the statutes is amended to read:

SB117,15,18 440.9925 (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).

SB117,42 Section 42. 440.9925 (1m) of the statutes is created to read:

SB117,15,24 440.9925 (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).

SB117,43 Section 43. 440.9925 (2) of the statutes is amended to read:

SB117,16,3 440.9925 (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.

SB117,44 Section 44. 440.994 (1) of the statutes is amended to read:

SB117,16,6 440.994 (1) An agency contract must be in a record, signed or otherwise authenticated by the parties.

SB117,45 Section 45. 440.994 (2) (intro.) of the statutes is amended to read:

SB117,16,9 440.994 (2) (intro.) An agency contract must state or contain all of the following:

SB117,46 Section 46. 440.994 (2) (a) of the statutes is renumbered 440.994 (2) (ar).

SB117,47 Section 47. 440.994 (2) (ag) of the statutes is created to read:

SB117,16,14 440.994 (2) (ag) A statement that the athlete agent is registered as an athlete agent in this state and a list of all other states in which the athlete agent is registered as an athlete agent.

SB117,48 Section 48. 440.994 (3) of the statutes is amended to read:

SB117,16,18 440.994 (3) An Subject to sub. (6), an agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type and capital letters stating, in substantially the same form, the following:

SB117,16,19 WARNING TO STUDENT ATHLETE

SB117,16,20 IF YOU SIGN THIS CONTRACT:

SB117,16,22 1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

SB117,17,4 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 MAY 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

SB117,17,7 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.

SB117,49 Section 49. 440.994 (3m) of the statutes is created to read:

SB117,17,13 440.994 (3m) An agency contract must be accompanied by a separate record signed by the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledging that signing the contract may result in the loss of the student athlete's eligibility to participate in the student athlete's sport.

SB117,50 Section 50. 440.994 (4) of the statutes is amended to read:

SB117,17,21 440.994 (4) An A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may void an agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay the contract is voided, any consideration received from the athlete agent under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter to influence entering into the contract is not required to be returned.

SB117,51 Section 51. 440.994 (5) of the statutes is amended to read:

SB117,18,2 440.994 (5) The At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete a copy in a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution and the separate acknowledgement required under sub. (3m).

SB117,52 Section 52. 440.994 (6) of the statutes is created to read:

SB117,18,6 440.994 (6) 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 sub. (3) must be revised accordingly.

SB117,53 Section 53. 440.9945 (1) of the statutes is renumbered 440.9945 (1r) and amended to read:

SB117,18,14 440.9945 (1r) Within Not later than 72 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 the athlete agent has reasonable grounds to believe the student athlete intends to enroll.

SB117,54 Section 54. 440.9945 (1g) of the statutes is created to read:

SB117,18,18 440.9945 (1g) 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.