SENATE AMENDED
PRIOR PRINTER'S NOS. 501, 1823 PRINTER'S NO. 2064
No. 450 Session of 1993
INTRODUCED BY COLAFELLA, DALEY, PESCI, GIGLIOTTI, ADOLPH,
KASUNIC, BELFANTI, GERLACH, TOMLINSON, COLAIZZO AND JAMES,
MARCH 15, 1993
SENATOR SCHWARTZ, STATE GOVERNMENT, IN SENATE, AS AMENDED,
JUNE 9, 1993
AN ACT
1 Amending Title 5 (Athletics and Sports) of the Pennsylvania
2 Consolidated Statutes, providing for the licensing of
3 athletic agents; and imposing a penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 5 of the Pennsylvania Consolidated Statutes
7 is amended by adding a part to read:
8 TITLE 5
9 ATHLETICS AND SPORTS
10 * * *
11 PART II
12 ATHLETIC AGENTS
13 Subpart
14 A. General Provisions
15 B. Licensing of Athletic Agents
16 SUBPART A
17 GENERAL PROVISIONS
1 Chapter
2 31. Preliminary Provisions
3 CHAPTER 31
4 PRELIMINARY PROVISIONS
5 Sec.
6 3101. Short title of part.
7 3102. Definitions.
8 § 3101. Short title of part.
9 This part shall be known and may be cited as the Athletic
10 Agent Licensing Act.
11 § 3102. Definitions.
12 Subject to additional definitions contained in subsequent
13 provisions of this part which are applicable to specific
14 provisions of this part, the following words and phrases when
15 used in this part shall have the meanings given to them in this
16 section unless the context clearly indicates otherwise:
17 "Agent contract." Any contract or agreement pursuant to
18 which a person authorizes or empowers an athletic agent to
19 negotiate or solicit on behalf of the person with one or more
20 professional sports teams for the employment of the person by a
21 professional sports team or to negotiate or solicit on behalf of
22 the person for the employment of the person as a professional
23 athlete.
24 "Athletic agent." A person who, directly or indirectly,
25 recruits or solicits a person to enter into an agent contract or
26 professional sport services contract or who procures, offers,
27 promises or attempts to obtain employment for a person with a
28 professional sports team or as a professional athlete, but shall
29 not include the coach or trainer of a secondary or postsecondary
30 school athlete, provided the coach or trainer is performing his
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1 work-related responsibilities.
2 "Commission." The State Athletic Commission.
3 "Conviction." A finding of guilt by a judge or jury, a plea
4 of guilty or a plea of nolo contendere.
5 "Department." The Department of State of the Commonwealth.
6 "Institution of higher education." A public or private
7 college or university, including a community college.
8 "Person." An individual, sole proprietorship, partnership,
9 association, corporation or other legal entity.
10 "Professional sport services contract." A contract or
11 agreement pursuant to which a person is employed or agrees to
12 render services as a player on a professional sports team or as
13 a professional athlete.
14 SUBPART B
15 LICENSING OF ATHLETIC AGENTS
16 Chapter
17 33. Licensing.
18 Sec.
19 3301. Athletic agents' licenses.
20 3302. Application for license.
21 3303. Qualifications for license.
22 3304. Issuance of license to certain persons prohibited.
23 3305. Suspension and revocation of licenses.
24 3306. Bonding requirements.
25 3307. Penalty.
26 § 3301. Athletic agents' licenses.
27 No person shall directly or indirectly serve or offer to
28 serve as an athletic agent unless the person has first procured
29 an athletic agent's license from the commission.
30 § 3302. Application for license.
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1 (a) Procedure.--Every application for an athletic agent's
2 license shall:
3 (1) Be in writing on a form supplied by the commission
4 and approved by the department.
5 (2) Be verified by the applicant.
6 (3) Contain the information required by this chapter and
7 such other information as the commission may reasonably
8 require.
9 (4) Be submitted together with a processing fee of $50.
10 (b) Fees.--
11 (1) The annual license fee which shall accompany the
12 application for an athletic agent's license shall be as
13 follows:
14 (i) Individual or sole proprietor - $100.
15 (ii) Partnership, association, corporation or other
16 legal entity - $200.
17 (2) The fee for each duplicate license shall be $20.
18 (c) Term.--Licenses shall be issued on an annual basis and
19 shall expire on December 31 of each year.
20 § 3303. Qualifications for license.
21 The commission shall not issue an athletic agent's license to
22 a person unless the following qualifications are met:
23 (1) The applicant is 21 years of age or older.
24 (2) The applicant possesses good moral character.
25 (3) The applicant, neither at the time of application
26 nor at any time WITHIN TEN YEARS prior to the time of <--
27 application, has been involved in any conduct that led to the
28 imposition of sanctions against an athlete, institution of
29 higher education or professional sports team by any
30 association or organization that establishes rules for the
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1 conduct of amateur or professional sports.
2 § 3304. Issuance of license to certain persons prohibited.
3 The commission shall not issue an athletic agent's license to
4 or renew the athletic agent's license of a person who has been
5 convicted of any of the following offenses within ten years of
6 the date of application:
7 (1) An offense under the following provisions of 18
8 Pa.C.S. (relating to crimes and offenses):
9 Section 902 (relating to criminal solicitation).
10 Section 908 (relating to prohibited offensive weapons).
11 Section 2502 (relating to murder).
12 Section 2901 (relating to kidnapping).
13 Section 3121 (relating to rape).
14 Section 3126 (relating to indecent assault).
15 Section 3923 (relating to theft by extortion).
16 Section 4109 (relating to rigging publicly exhibited
17 contest).
18 Section 4301 (relating to bigamy).
19 Section 4302 (relating to incest).
20 Section 4303 (relating to concealing death of child born
21 out of wedlock).
22 Section 4304 (relating to endangering welfare of
23 children).
24 Section 4305 (relating to dealing in infant children).
25 Section 4701 (relating to bribery in official and
26 political matters).
27 Section 4902 (relating to perjury).
28 Section 5501 (relating to riot).
29 Section 5504 (relating to harassment by communication or
30 address).
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1 Section 5509 (relating to desecration of venerated
2 objects).
3 Section 5510 (relating to abuse of corpse).
4 Section 5511 (relating to cruelty to animals).
5 Section 5512 (relating to lotteries, etc.).
6 Section 5513 (relating to gambling devices, gambling,
7 etc.).
8 Section 5514 (relating to pool selling and bookmaking).
9 Section 5901 (relating to open lewdness).
10 Section 5902 (relating to prostitution and related
11 offenses).
12 Section 5903 (relating to obscene and other sexual
13 materials).
14 Section 5904 (relating to public exhibition of insane
15 or deformed person).
16 Section 6301 (relating to corruption of minors).
17 Section 6302 (relating to sale or lease of weapons and
18 explosives).
19 Section 6303 (relating to sale of starter pistols).
20 Section 6306 (relating to furnishing cigarettes or
21 cigarette papers).
22 Section 6312 (relating to sexual abuse of children).
23 (2) An offense under the act of April 14, 1972 (P.L.233,
24 No.64), known as The Controlled Substance, Drug, Device and
25 Cosmetic Act.
26 § 3305. Suspension and revocation of licenses.
27 (a) Investigation.--The executive director may review the
28 operations of all licenses and shall prepare a written report
29 for review by the commission.
30 (b) Cease and desist order.--Upon recommendation by the
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1 executive director of the commission, the commission may issue
2 an immediate cease and desist order against a licensee who has
3 been found preliminarily by the commission to have committed a
4 violation of 18 Pa.C.S. § 7107 (relating to unlawful actions by
5 athlete agents) or a violation of this chapter. Within 20 days
6 of issuance of the cease and desist order, the commission shall
7 conduct a hearing to determine whether the cease and desist
8 order should be dissolved or made permanent.
9 (c) Suspension.--Upon a finding by the commission that a
10 licensee has violated any provision of this chapter or upon
11 conviction of a licensee of a violation of 18 Pa.C.S. § 7107,
12 the commission may suspend the person's license for not more
13 than one year.
14 (d) Revocation.--Upon a finding by the commission that a
15 licensee has violated any provision of this chapter or upon
16 conviction of a licensee of a violation of 18 Pa.C.S. § 7107,
17 where the violation was committed or the conviction occurred
18 within 12 months of a previous violation or conviction, the
19 commission shall revoke the person's license.
20 (e) Conduct of hearings.--The commission shall conduct all
21 hearings in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating
22 to practice and procedure of Commonwealth agencies).
23 § 3306. Bonding requirements.
24 (a) Amount.--Before any athletic agent's license is issued,
25 the applicant shall be required to execute and file a surety
26 bond with the commission in such reasonable amount, but not less
27 than $10,000, as the commission shall require.
28 (b) Bond forms.--All bonds shall be upon forms supplied by
29 the commission and which have been approved by the department.
30 All bonds shall be accompanied by a $25 filing fee.
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1 (c) Conditions of bonds.--The surety bond shall be
2 conditioned upon the following:
3 (1) Compliance with this chapter.
4 (2) The payment of all sums due a person at the time the
5 sums are due and payable.
6 (3) The payment of all damages suffered by any person as
7 a result of intentional or unintentional misstatements,
8 misrepresentation, fraud, deceit or unlawful or negligent
9 acts of the athletic agent while acting as an athletic agent.
10 (d) Alternate security.--
11 (1) In lieu of a surety bond, a licensee may deposit
12 with the commission cash, a certified check or a letter of
13 credit in an equivalent amount. The provisions of this
14 section regarding bonds shall apply to the alternate security
15 provided for in this subsection.
16 (2) The security shall not be returned to a licensee
17 until one year after the athletic agent's license has
18 expired. After this time, if there are no claims against the
19 license, the alternate security shall be returned to the
20 depositor.
21 (e) Recovery on bond.--Recovery may be had on a bond or
22 deposit of alternate security in the same manner as penalties
23 are recoverable at law.
24 § 3307. Exemption from bonding requirement.
25 (a) Immediate family members.--Athletic agents who are
26 representing an immediate family member are exempt from section
27 3306 (relating to bonding requirements).
28 (b) Definitions.--As used in this section, the term
29 "immediate family" means a parent, stepparent, grandparent,
30 spouse, son, daughter, uncle, aunt, brother, sister or first
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1 cousin.
2 § 3308. Penalty.
3 The commission may impose a civil penalty of not more than
4 $5,000 for each violation or conviction against any person who
5 violates this chapter or who is convicted of a violation of 18
6 Pa.C.S. § 7107 (relating to unlawful actions by athlete agents).
7 Section 2. This act shall take effect in 60 days.
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