Chapter 440

440.988 440.988 Vicarious liability. No health care provider shall be liable for an injury resulting from an act or omission by a licensed midwife, even if the health care provider has consulted with or accepted a referral from the licensed midwife.

440.988 History History: 2005 a. 292.

subch. XIV of ch. 440 SUBCHAPTER XIV

UNIFORM ATHLETE AGENTS ACT

440.99 440.99 Definitions. In this subchapter:

440.99(1) (1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports-services contract or an endorsement contract.

440.99(2) (2) 

440.99(2)(a) (a) “Athlete agent” means an individual, whether or not registered under this subchapter, who does any of the following:

440.99(2)(a)1. 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.

440.99(2)(a)2. 2. For compensation or in anticipation of compensation in connection with a student athlete’s participation in athletics, does any of the following:

440.99(2)(a)2.a. 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.

440.99(2)(a)2.b. b. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes.

440.99(2)(a)3. 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:

440.99(2)(a)3.a. a. Gives consideration to the student athlete or another person.

440.99(2)(a)3.b. b. Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions.

440.99(2)(a)3.c. c. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes.

440.99(2)(b) (b) “Athlete agent” does not include the following:

440.99(2)(b)1. 1. An individual who acts solely on behalf of a professional sports team or organization.

440.99(2)(b)2. 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:

440.99(2)(b)2.a. a. Recruits or solicits.

440.99(2)(b)2.b. 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.

440.99(2)(b)2.c. 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.

440.99(3) (3) “Athletic director” means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

440.99(4r) (4r) “Educational institution” includes all of the following, whether public or private:

440.99(4r)(a) (a) An elementary school.

440.99(4r)(b) (b) A secondary school.

440.99(4r)(c) (c) A technical or vocational school.

440.99(4r)(d) (d) A community college.

440.99(4r)(e) (e) A college.

440.99(4r)(f) (f) A university.

440.99(5) (5) “Endorsement contract” means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

440.99(5d) (5d) “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning.

440.99(6) (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 that promotes or regulates collegiate athletics.

440.99(6c) (6c) “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities.

440.99(6r) (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.

440.99(7) (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.

440.99(8) (8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

440.99(8c) (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.

440.99(9) (9) “Registration” means registration as an athlete agent under this subchapter.

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

440.99(9m)(a) (a) To execute or adopt a tangible symbol.

440.99(9m)(b) (b) To attach to or logically associate with the record an electronic symbol, sound, or process.

440.99(10) (10) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

440.99(11) (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.

440.99 History History: 2003 a. 150; 2019 a. 180; 2021 a. 240 s. 30.

440.9905 440.9905 Service of process. By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual’s agent for service of process in any civil action in this state related to the individual’s acting as an athlete agent in this state.

440.9905 History History: 2003 a. 150.

440.991 440.991 Athlete agents: registration required; void contracts.

440.991(1) (1) Except as otherwise provided in sub. (2), an individual may not act as an athlete agent in this state without holding a certificate of registration under s. 440.992 or 440.993.

440.991(2) (2) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if all of the following are satisfied:

440.991(2)(a) (a) A student athlete or another person acting on behalf of the student athlete initiates communication with the individual.

440.991(2)(b) (b) Not later than 7 days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this state.

440.991(3) (3) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.

440.991 History History: 2003 a. 150; 2019 a. 180.

440.9915 440.9915 Registration as athlete agent; form; requirements; reciprocal registration.

440.9915(1) (1) 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 applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least all of the following:

440.9915(1)(a) (a) The name, date, and place of birth of the applicant; 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.

440.9915(1)(b) (b) A description of 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.

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

440.9915(1)(c) (c) Each business or occupation in which the applicant engaged within 5 years before the date 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.

440.9915(1)(d) (d) A description of all of the following:

440.9915(1)(d)1. 1. The applicant’s formal training as an athlete agent.

440.9915(1)(d)2. 2. The applicant’s practical experience as an athlete agent.

440.9915(1)(d)3. 3. The applicant’s educational background relating to his or her activities as an athlete agent.

440.9915(1)(e) (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 within 5 years before the date of the application.

440.9915(1)(f) (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.

440.9915(1)(g) (g) If the athlete agent is employed by a corporation, the names and addresses of the officers and directors of the corporation and any shareholder of the corporation having an interest of 5 percent or more.

440.9915(1)(gm) (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.

440.9915(1)(h) (h) Whether the applicant or any person named 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.

440.9915(1)(he) (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.

440.9915(1)(hm) (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.

440.9915(1)(hs) (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.

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

440.9915(1)(j) (j) 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, intercollegiate, or professional sports event on a student athlete or a sanction on an educational institution.

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

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

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

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

440.9915(1)(n)1. 1. The name of the league or association.

440.9915(1)(n)2. 2. The date of certification or registration, and the date of expiration of the certification or registration, if any.

440.9915(1)(n)3. 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.

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

440.9915(2) (2) 

440.9915(2)(a) (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:

440.9915(2)(a)1. 1. A copy of the application for registration in the other state.

440.9915(2)(a)2. 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.

440.9915(2)(a)3. 3. A copy of the certificate of registration from the other state.

440.9915(2)(b) (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:

440.9915(2)(b)1. 1. The application and registration requirements of the other state are substantially similar to or more restrictive than this subchapter.