SB 1088 - This act modifies the Uniform Agents Athlete Act.
Professional representatives, as defined in the act, are required to register with the Division of Professional Registration. A person may not act as a professional representative before being issued a certificate of registration from the Division.
Prior to registration, a person is also prohibited from recruiting a student athlete, entering into an agency contract, communicating with a student athlete about professional representation or an agency contract, communicating with any person affiliated with a student athlete for the purposes of discussing potential professional representation of the student athlete, or contacting or attempting to contact a student athlete or other individual for the purposes of promoting the services or business of an athlete agent or professional representative. A person who engages in such conduct prior to receiving a certificate of registration shall be guilty of a Class A misdemeanor and subject to a fine not to exceed $100,000 for each offense.
The act repeals the provisions allowing an individual to act as an athlete agent with a temporary license prior to receiving a certificate of registration.
The Director of the Division shall negotiate reciprocal agreements with other states with similar or more stringent registration requirements for the registration as an athlete agent or professional representative.
The act also requires athlete agents and professional representatives to notify the applicable athletic director at an educational institution in various circumstances. Notice shall be given: 1) prior to communicating with a student athlete; 2) prior to communicating with any other person for the purposes of influencing a student athlete's decision to enter into an agency contract; 3) within ten days of a student athlete enrolling in an educational institution, if an athlete agent or professional representative has a preexisting relationship or has had past contact with such student athlete or the athlete's family members; and 4) if a student athlete contacts the athlete agent or professional representative. An athlete agent or professional representative who fails to provide notice as required in the act is guilty of a Class A misdemeanor and subject to a fine not to exceed $20,000 for each offense.
Currently, an educational institution has a right to bring a cause of action for damages against an athlete agent or a former student athlete for violations of the Uniform Athlete Agents Act. This act states that any person has a cause of action for damages against an athlete agent, professional representative, or former student athlete.
This act is similar to provisions in HCS/SCS/SBs 807 & 577 (2018).