Prohibited conduct and enforcement

The bill authorizes a student athlete, in addition to an educational institution, to bring a civil action against an athlete agent for damages caused by a violation of the laws governing athlete agents. The bill specifies the conditions under which the civil action may be brought.

The bill prohibits an athlete agent from encouraging another person to engage in conduct the athlete agent is prohibited from doing by law. The bill also provides that any violation by an athlete agent of the laws governing athlete agents in Wisconsin constitutes an unfair method of competition and unfair trade practice, and the bill increases the maximum forfeiture amount for violations of the law by an athlete agent from $25,000 to $50,000.

Parent or guardian

The bill extends application of the laws governing athlete agents and their duties to and interactions with student athletes to the parent or guardian of a student athlete if the student athlete is a minor.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB82,1 Section 1. 440.99 (2) of the statutes is repealed and recreated to read:

AB82,4,3 440.99 (2) (a) “Athlete agent” means an individual, whether or not registered under this act, who does any of the following:

AB82,5,4 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.

AB82,5,6 2. For compensation or in anticipation of compensation in connection with a student athlete's participation in athletics, does any of the following:

AB82,5,10 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.

AB82,5,12 b. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes.

AB82,5,14 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:

AB82,5,15 a. Gives consideration to the student athlete or another person.

AB82,5,17 b. Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions.

AB82,5,19 c. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes.

AB82,5,20 (b) “Athlete agent” does not include the following:

AB82,5,22 1. An individual who acts solely on behalf of a professional sports team or organization.

AB82,5,25 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:

AB82,6,1 a. Recruits or solicits.

AB82,6,4 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.

AB82,6,7 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.

AB82,2 Section 2. 440.99 (4) of the statutes is repealed.

AB82,3 Section 3. 440.99 (4r) of the statutes is created to read:

AB82,6,11 440.99 (4r) “Educational institution” includes all of the following, whether public or private: