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SENATE AMENDED
PRIOR PRINTER'S NOS. 3177, 3197, 3243
PRINTER'S NO. 3561
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2633
Session of
2022
INTRODUCED BY TOPPER AND N. NELSON, MAY 31, 2022
SENATOR ARGALL, STATE GOVERNMENT, IN SENATE, AS AMENDED,
OCTOBER 18, 2022
AN ACT
Amending Title 5 (Athletics and Sports) of the Pennsylvania
Consolidated Statutes, extensively revising the Uniform
Athlete Agents Act; making repeals; and making an editorial
change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Part II of Title 5 of the
Pennsylvania Consolidated Statutes is amended to read:
PART II
[ATHLETE AGENTS] ATHLETES
Section 2. Subparts A and B of Part II of Title 5 are
repealed:
[SUBPART A
GENERAL PROVISIONS
Chapter
31. Preliminary Provisions
CHAPTER 31
PRELIMINARY PROVISIONS
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Sec.
3101. Short title of part.
3102. Definitions.
3103. Administration.
3104. Service of process.
3105. Subpoenas.
3106. Rules and regulations.
§ 3101. Short title of part.
This part shall be known and may be cited as the Uniform
Athlete Agents Act.
§ 3102. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency contract." Any contract or agreement in which an
individual or a student athlete authorizes or empowers a person
to negotiate or solicit on behalf of the individual or the
student athlete one or more professional sports services
contracts.
"Athlete agent." A person who enters into an agency contract
with an individual or a student athlete or directly or
indirectly recruits or solicits an individual or a student
athlete to enter into an agency contract. The term does not
include a spouse, parent, sibling, son, daughter or grandparent
of the individual or student athlete, an individual acting
solely on behalf of a professional sports team or a coach,
trainer or other employee of a secondary or postsecondary school
who is acting on behalf of a student athlete of the same
secondary or postsecondary school, provided that such activities
are within the scope of employment of the coach, trainer or
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other employee. The term includes a person who represents to the
public that the person is an athlete agent.
"Athletic director." 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.
"Commission." The State Athletic Commission.
"Contact." A communication, direct or indirect, between an
athlete agent and an individual or a student athlete to recruit
or solicit the individual or student athlete to enter into an
agency contract, including by telephonic, facsimile or other
electronic method, mail, electronic mail or personal means.
"Conviction." A finding of guilt by a judge, jury, a plea of
guilty or a plea of nolo contendere.
"Department." The Department of State of the Commonwealth.
"Institution of higher education." A public or private
college or university, including a community college.
"Intercollegiate sport." A sport played at the collegiate
level for which eligibility requirements for participation by a
student athlete are established by a national association for
the promotion or regulation of collegiate athletics.
"Person." An individual, corporation, partnership, limited
liability company, association, joint venture, public
corporation or any other legal or commercial entity.
"Professional sports services contract." A contract or
agreement under which an individual is employed or agrees to
render services as a player on a professional sports team, with
a professional sports organization or as a professional athlete.
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"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Registration." Registration as an athlete agent pursuant to
Chapter 33 (relating to registration).
"State." 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.
"Student athlete." An individual who engages in, is eligible
to engage in or may be eligible in the future to engage in any
intercollegiate sport. If an individual is permanently
ineligible to participate in a particular intercollegiate sport,
the individual is not a student athlete for purposes of that
sport.
§ 3103. Administration.
The commission shall administer this part.
§ 3104. Service of process.
By engaging in the business of an athlete agent in this
Commonwealth, a nonresident individual appoints the Secretary of
the Commonwealth as the individual's agent to accept service of
process in any civil action related to the individual's business
as an athlete agent in this Commonwealth.
§ 3105. Subpoenas.
The commission may issue subpoenas for any relevant material
under this part.
§ 3106. Rules and regulations.
The commission shall have the power and duty to adopt and
revise regulations in accordance with the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act, as are
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reasonably necessary to administer and effectuate the purposes
of this part.
SUBPART B
REGISTRATION OF ATHLETE AGENTS
Chapter
33. Registration
CHAPTER 33
REGISTRATION
Sec.
3301. Athlete agent registration.
3302. Application for registration.
3303. Issuance of registration.
3304. Denial of registration.
3305. Renewal of registration.
3306. Period of registration.
3307. Suspension, revocation, restriction or refusal to renew
registration.
3308. Fees.
3309. Form of contract for student athletes.
3310. Notice to educational institution.
3311. Student athlete's right to cancel.
3312. Required records.
3313. Prohibited acts.
3314. Civil remedies.
3315. Administrative penalty.
3316. Bonding requirements.
3317. Exemption from registration and bonding requirement.
3318. Disposition of commission receipts.
3319. Records.
3320. Transferability of registration.
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§ 3301. Athlete agent registration.
(a) Certificate of registration required.--Except as
otherwise provided in subsection (b), a person shall not
directly or indirectly serve or offer to serve as an athlete
agent in this Commonwealth before being issued a certificate of
registration under section 3303 (relating to issuance of
registration). An out-of-State agent must register if the agent
through direct or indirect contact recruits or solicits an
individual or student athlete to enter into an agency contract
or procures, offers, promises or attempts to obtain employment
for an individual or student athlete with a Pennsylvania
professional sports team as a professional athlete in this
Commonwealth where any one or more of the following conditions
apply:
(1) The athlete agent is a resident of this
Commonwealth.
(2) The athlete is a resident of this Commonwealth or is
attending an institution of higher education in this
Commonwealth.
(3) The professional sports team has its home field or
its corporate headquarters in this Commonwealth.
(b) Exception.--An unregistered out-of-State agent or person
may act as an athlete agent in this Commonwealth before being
issued a certificate of registration for all purposes except
signing an agency contract if the following conditions are met:
(1) A student athlete or another acting on behalf of the
student athlete initiates contact with the person.
(2) Within seven days after an initial act as an athlete
agent, the person submits an application to register as an
athlete agent in this Commonwealth.
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(3) The unregistered out-of-State agent or person has
never had registration issued under this chapter or a
predecessor statute revoked by the commission.
(c) Certain contracts void.--An agency contract resulting
from conduct in violation of this section is void. The athlete
agent shall return any consideration received under the
contract.
§ 3302. Application for registration.
(a) Procedure.--An applicant for registration shall submit
an application for registration to the commission in writing on
a form supplied by the commission and approved by the
department. Except as otherwise provided in subsection (b), the
application must be in the name of an individual and be verified
by the applicant and must state, contain or be accompanied by:
(1) The information required by this chapter and such
other information as the commission may reasonably require.
(2) A processing fee of $100.
(3) The name of the applicant and the address of the
applicant's principal place of business.
(4) The name of the applicant's business or employer, if
applicable.
(5) Any business or occupation engaged in by the
applicant for the five years next preceding the date of
submission of the application.
(6) A description of the applicant's:
(i) Formal training as an athlete agent.
(ii) Practical experience as an athlete agent.
(iii) Educational background relating to the
applicant's activities as an athlete agent.
(7) The names and addresses of three individuals not
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related to the applicant who are willing to serve as
references.
(8) The name, sport and last known team for each
individual for whom the applicant provided services as an
athlete agent during the five years next preceding the date
of submission of the application.
(9) The names and addresses of all persons who are:
(i) With respect to the athlete agent's business if
it is not a corporation, the partners, officers,
associates or profit-sharers.
(ii) With respect to a corporation employing the
athlete agent, the officers, directors and any
shareholder of the corporation with a 5% or greater
interest.
(10) Whether the applicant or any other person named
pursuant to paragraph (9) has been convicted of a crime that,
if committed in this Commonwealth, would be a felony or other
crime involving moral turpitude, and identify the crime.
(11) Whether there has been any administrative or
judicial determination that the applicant or any other person
named pursuant to paragraph (9) has made a false, misleading,
deceptive or fraudulent representation.
(12) Any instance in which the conduct of the applicant
or any other person named pursuant to paragraph (9) resulted
in the imposition of a sanction, suspension or declaration of
ineligibility to participate in an interscholastic or
intercollegiate athletic event on a student athlete or
educational institution.
(13) Any sanction, suspension or disciplinary action
taken against the applicant or any other person named
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pursuant to paragraph (9) arising out of occupational or
professional conduct.
(14) Whether there has been any denial of an application
for, suspension or revocation of or refusal to renew the
registration or licensure of the applicant or any other
person named pursuant to paragraph (9) as an athlete agent in
any state.
(b) Out-of-State agents.--A person who has submitted an
application for and received a certificate of registration or
licensure as an athlete agent in another state may submit a copy
of the application and a valid certificate of registration or
licensure from the other state in lieu of submitting an
application in the form prescribed pursuant to subsection (a).
The commission shall accept the application and the certificate
from the other state as an application for registration in this
Commonwealth if the application to the other state:
(1) Was submitted in the other state within the six
months next preceding the submission of the application in
this Commonwealth and the applicant certifies the information
contained in the application is current.
(2) Contains information substantially similar to or
more comprehensive than that required in an application
submitted in this Commonwealth.
(3) Was signed by the applicant.
(4) The unregistered out-of-State agent has never had
registration issued under this chapter or a predecessor
statute revoked by the commission.
(c) Criminal background check.--Every applicant shall
complete an application or process as may be necessary to
request the Pennsylvania State Police to provide a copy of the
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applicant's criminal history record to the commission.
§ 3303. Issuance of registration.
Except as otherwise provided in section 3304 (relating to
denial of registration), the commission shall issue a
certificate of registration to a person:
(1) Who complies with section 3302(a) and (c) (relating
to application for registration).
(2) Whose application has been accepted under section
3302(b).
(3) Who is 21 years of age or older.
(4) Who possesses good moral character.
(5) Who neither at the time of application nor within
ten years prior to the time of application has been finally
found to have participated in any conduct that led to the
imposition of sanctions against an individual or student
athlete, institution of higher education or professional
sports team by any association or organization that
establishes rules for the conduct of amateur or professional
sports.
§ 3304. Denial of registration.
(a) Grounds.--The commission may refuse to issue a
certificate of registration if the commission determines that
the applicant has engaged in conduct that has a significant
adverse effect on the applicant's fitness to serve as an athlete
agent. In making the determination, the commission may consider
whether the applicant has:
(1) Made a materially false, misleading, deceptive or
fraudulent representation as an athlete agent or in the
application.
(2) Engaged in conduct that would disqualify the
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applicant from serving in a fiduciary capacity.
(3) Engaged in conduct prohibited by section 3313
(relating to prohibited acts).
(4) Had a registration or licensure as an athlete agent
suspended, revoked or denied or been refused renewal of
registration or licensure in any state.
(5) Engaged in conduct that significantly adversely
reflects on the applicant's credibility, honesty or
integrity.
(b) Additional considerations.--In making a determination
under subsection (a), the commission shall consider:
(1) How recently the conduct occurred.
(2) The nature of the conduct and the context in which
it occurred.
(3) Any other relevant conduct of the applicant.
(c) Issuance of registration prohibited.--The commission
shall not issue athlete agent registration to or renew the
athlete agent registration of a person who has been convicted of
any of the following offenses, or any comparable offense in
another jurisdiction, within ten years of the date of
application:
(1) An offense under the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(2) An offense under the following provisions of 18
Pa.C.S. (relating to crimes and offenses):
Section 902 (relating to criminal solicitation).
Section 908 (relating to prohibited offensive
weapons).
Section 2502 (relating to murder).
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Section 2709(a)(4), (5), (6) or (7) (relating to
harassment).
Section 2709.1 (relating to stalking).
Section 2901 (relating to kidnapping).
Section 3121 (relating to rape).
Section 3126 (relating to indecent assault).
Section 3923 (relating to theft by extortion).
Section 4109 (relating to rigging publicly exhibited
contest).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of
children).
Section 4305 (relating to dealing in infant
children).
Section 4701 (relating to bribery in official and
political matters).
Section 4902 (relating to perjury).
Section 5501 (relating to riot).
Section 5512 (relating to lotteries, etc.).
Section 5513 (relating to gambling devices, gambling,
etc.).
Section 5514 (relating to pool selling and
bookmaking).
Section 5901 (relating to open lewdness).
Section 5902 (relating to prostitution and related
offenses).
Section 5903 (relating to obscene and other sexual
materials and performances).
Section 5904 (relating to public exhibition of insane
or deformed person).
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Section 6301 (relating to corruption of minors).
Section 6312 (relating to sexual abuse of children).
Section 7107 (relating to unlawful actions by athlete
agents).
(3) The commission shall not issue registration to any
person who has been found by the commission to have engaged
in the activities of an athlete agent in this Commonwealth
without acquiring registration as required by this chapter
within 12 months prior to the date of application.
§ 3305. Renewal of registration.
(a) Procedure.--An athlete agent may apply to renew a
registration by submitting an application for renewal in writing
on a form supplied by the commission and approved by the
department. The application for renewal must be in the name of
an individual and be verified by the applicant and must state,
contain or be accompanied by:
(1) Current information on all matters required in an
original registration.
(2) Such other information as the commission may
reasonably require.
(3) A processing fee of $100.
(b) Out-of-state agents.--An individual who has submitted an
application for renewal of registration or licensure in another
state, in lieu of submitting an application for renewal in the
form prescribed under subsection (a), may file a copy of the
application for renewal and a valid certificate of registration
from the other state. The commission shall accept the
application for renewal from the other state as an application
for renewal in this Commonwealth if the application to the other
state:
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(1) Was submitted to the other state within the last six
months and the applicant certifies the information contained
in the application for renewal is current.
(2) Contains information substantially similar to or
more comprehensive than that required in an application for
renewal submitted in this Commonwealth.
(3) Was verified by the applicant.
(4) The unregistered out-of-State agent has never had
registration issued under this chapter or a predecessor
statute revoked by the commission.
§ 3306. Period of registration.
A certificate of registration or a renewal of a registration
is valid for two years.
§ 3307. Suspension, revocation, restriction or refusal to renew
registration.
(a) Investigation.--The commission or its designee may
review the operations of all registered athlete agents and shall
prepare a written report for review by the commission.
(b) Cease and desist order.--The commission may issue an
immediate cease and desist order against an athlete agent who
has been found preliminarily by the commission to have committed
a violation of 18 Pa.C.S. § 7107 (relating to unlawful actions
by athlete agents) or a violation of this chapter. Within 20
days of issuance of the cease and desist order, the commission
shall conduct a hearing to determine whether the cease and
desist order should be dissolved or made permanent.
(c) Registration suspension, revocation, restriction or
refusal to renew.--The commission may suspend, revoke, restrict
or otherwise limit registration or refuse to renew a
registration for conduct that would have justified denial of
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registration under section 3304(a) (relating to denial of
registration).
(d) Notice and hearing.--The commission may deny, suspend,
revoke, restrict or otherwise limit registration or refuse to
renew a registration only after proper notice and an opportunity
for a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A
(relating to practice and procedure of Commonwealth agencies).
(e) Reciprocal disciplinary or corrective action.--The
commission may deny, suspend, revoke, restrict or otherwise
limit registration or refuse to renew a registration of an
athlete agent on the basis of a disciplinary or corrective
action having been taken against the athlete agent in another
state, territory, possession or country, a branch of the Federal
Government or by an athletic association.
§ 3308. Fees.
(a) Amounts.--An application for registration or renewal of
registration must be accompanied by a fee in the following
amount:
(1) $200 for an initial application for registration for
an individual or sole proprietor and $400 for a partnership,
association, corporation or other legal entity.
(2) $150 for an application for registration based upon
a certificate of registration or licensure issued by another
state for an individual or sole proprietor and $300 for a
partnership, association, corporation or other legal entity.
(3) $200 for an application for renewal of registration
for an individual or sole proprietor and $400 for a
partnership, association, corporation or other legal entity.
(4) $150 for an application for renewal of registration
based upon an application for renewal of registration or
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licensure submitted in another state for an individual or
sole proprietor and $400 for a partnership, association,
corporation or other legal entity.
(b) Fee increase.--If the revenues raised by fees, fines and
civil penalties imposed in accordance with this chapter are not
sufficient to match the expenditures necessary to carry out the
provisions of this chapter, the commission shall increase those
fees by regulation so that the revenues match the expenditures.
§ 3309. Form of contract for student athletes.
(a) Form generally.--An agency contract must be in a record
and signed by the parties.
(b) Contents.--An agency contract must state or contain:
(1) The amount and method of calculating the
consideration to be paid by the student athlete for services
to be provided by the athlete agent under the contract and
any other consideration the athlete agent has received or
will receive from any other source for entering into the
contract or for providing the services.
(2) The name of any person not listed in the application
for registration or renewal who will be compensated because
the student athlete signed the agency contract.
(3) A description of any expenses that the student
athlete agrees to reimburse.
(4) A description of the services to be provided to the
athlete student.
(5) The duration of the contract.
(6) The date of execution.
(c) Notice.--An agency contract must contain in close
proximity to the signature of the student athlete a conspicuous
notice in boldface type in capital letters stating:
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WARNING TO STUDENT ATHLETE
If you sign this contract:
(1) You may lose your eligibility to compete as a
student athlete in your sport.
(2) Both you and your athlete agent are required to tell
your athletic director, if you have an athletic director, and
the commission within 72 hours after entering into an agency
contract.
(3) You may cancel this contract within 14 days after
signing it. Cancellation of the contract may not reinstate
your eligibility.
(d) Contracts not in conformity.--An agency contract that
does not conform to this section is voidable by the student
athlete.
(e) Contract copy to student athlete.--The athlete agent
shall give a copy of the signed agency contract to the student
athlete at the time of signing.
§ 3310. Notice to educational institution.
Within 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:
(1) 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 and to the
commission.
(2) The student athlete shall inform the athletic
director of the educational institution at which the student
athlete is enrolled that the student athlete has entered into
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an agency contract and to the commission.
§ 3311. Student athlete's right to cancel.
(a) Procedure.--A student athlete may cancel an agency
contract by giving notice in a record to the athlete agent of
the cancellation within 14 days after the contract is signed.
(b) Waiver not permitted.--A student athlete may not waive
the right to cancel an agency contract.
(c) Consideration.--If a student athlete cancels an agency
contract, the student athlete is not required to pay any
consideration under the contract or to return any consideration
received from the agent to induce the student athlete to enter
into the contract.
§ 3312. Required records.
(a) General rule.--An athlete agent shall retain the
following records for a period of five years:
(1) The name and address of each individual represented
by the athlete agent.
(2) Any agency contract entered into by the athlete
agent.
(3) Any direct costs incurred by the athlete agent in
the recruitment or solicitation of a student athlete.
(b) Records open to inspection.--Records required by
subsection (a) to be retained are open to inspection by the
commission during normal business hours.
§ 3313. Prohibited acts.
An athlete agent may not:
(1) Initiate contact with a student athlete unless
registered under this part.
(2) Refuse or willfully fail to retain or permit
inspection of the records required by section 3312 (relating
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to required records).
(3) Violate section 3301 (relating to athlete agent
registration) by failing to register.
(4) Provide materially false or misleading information
in an application for registration or renewal of
registration.
(5) Predate or postdate an agency contract.
(6) Fail to notify a student athlete prior to the
student athlete's signing an agency contract for a particular
sport that the signing by the student athlete may make the
student athlete ineligible to participate as a student
athlete in that sport.
(7) Enter into an oral or written contract or
professional sport services contract with a student athlete
before the student athlete's eligibility for collegiate
athletics has expired.
(8) Before the student athlete's eligibility for
collegiate athletics has expired, give, offer or promise
anything of value to:
(i) a student athlete;
(ii) any member of the student athlete's immediate
family; or
(iii) any individual who substantially contributes
to the economic support of the student athlete. For
purposes of this subparagraph, an individual shall be
deemed to have substantially contributed to the economic
support of a student athlete if the individual provides
25% or more of the cost of tuition, room and board and
incidental expenses of the student athlete's education or
provides to the student athlete at minimal or no cost
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non-college-based lodging or meals or transportation to
and from college classes.
(9) Give, offer or promise an oral or written contract
which would require the athlete agent to give, offer or
promise anything of value to any employee of an institution
of higher education in return for a referral of a student
athlete by the employee.
(10) Engage in the activities of an athlete agent
without a current valid registration.
(11) Violate any provision of this part or regulation of
the commission.
§ 3314. Civil remedies.
(a) Right of action.--An educational institution has a right
of action against an athlete agent or a former student athlete
for damages caused by a violation of this part or for a
violation of 18 Pa.C.S. § 7107 (relating to unlawful actions by
athlete agents). In an action under this section, the court may
award to the prevailing party costs and reasonable attorney
fees.
(b) Damages.--Damages of an educational institution under
subsection (a) include losses and expenses incurred because, as
a result of the activities of an athlete agent or former student
athlete, the educational institution was injured by a violation
of this part or was penalized, disqualified or suspended from
participation in athletics by a national association for the
promotion and regulation of athletics, by an athletic conference
or by reasonable self-imposed disciplinary action taken to
mitigate sanctions.
(c) Accrual of action.--A right of action under this section
does not accrue until the educational institution discovers or
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by the exercise of reasonable diligence would have discovered
the violation by the athlete agent or former student athlete.
(d) Liability.--Any liability of the athlete agent or the
former student athlete under this section is several and not
joint.
(e) Other rights and remedies.--This part does not restrict
rights, remedies or defenses of any person under law.
§ 3315. Administrative penalty.
(a) Civil penalty.--The commission may assess a civil
penalty against an athlete agent not to exceed $25,000 per
violation of this part or per violation of 18 Pa.C.S. § 7107
(relating to unlawful actions by athlete agents).
(b) Injunctive relief.--The commission may, in the name of
the people of this Commonwealth, through the Office of Attorney
General, apply for injunctive relief in any court of competent
jurisdiction to enjoin any person from committing any act in
violation of this chapter. Injunctive relief shall be in
addition to and not in lieu of all penalties and other remedies
in this chapter.
§ 3316. Bonding requirements.
(a) Amount.--Before any athlete agent registration is
issued, the applicant shall be required to execute and file a
surety bond with the commission in such reasonable amount, but
not less than $20,000, as the commission shall require.
(b) Bond forms.--All bonds shall be upon forms supplied by
the commission and which have been approved by the department.
All bonds shall be accompanied by a $25 filing fee.
(c) Conditions of bond.--The surety bond shall be
conditioned upon the following:
(1) Compliance with this chapter.
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(2) The payment of all sums due a person at the time the
sums are due and payable.
(3) The payment of damages suffered by any person as a
result of intentional or unintentional misstatements,
misrepresentation, fraud, deceit or unlawful or negligent
acts of the student athlete agent while acting as a student
athlete agent.
(d) Alternate security.--
(1) In lieu of a surety bond, a registrant may deposit
with the commission cash, a certified check or a letter of
credit in an equivalent amount. The provisions of this
section regarding bonds shall apply to the alternate security
provided for in this subsection.
(2) The security shall not be returned to a registrant
until one year after the student athlete agent's registration
has expired. After that time if there are no claims against
the registered athlete agent, the alternate security shall be
returned to the depositor.
(e) Recovery on bond.--Recovery may be had on a bond or
deposit of alternate security in the same manner as penalties
are recoverable at law.
§ 3317. Exemption from registration and bonding requirement.
(a) Immediate family members.--Athlete agents who are
representing an immediate family member are exempt from the
provisions of this chapter.
(b) Definition.--As used in this section, the term
"immediate family" means a spouse, parent, sibling, son,
daughter or grandparent.
§ 3318. Disposition of commission receipts.
All fees, civil penalties, forfeitures and other moneys
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collected under this chapter and the regulations of the
commission shall be paid into the Athletic Commission
Augmentation Account.
§ 3319. Records.
A record of all persons registered under this chapter shall
be kept in the office of the commission and shall be open to
public inspection and copying upon payment of a nominal fee for
copying the record.
§ 3320. Transferability of registration.
No registration issued under this chapter shall be assignable
or transferable. In the event of a corporate change of status,
the entity must register within 90 days.]
Section 3. Title 5 is amended by adding a chapter to read:
CHAPTER 35
ATHLETE AGENTS
Sec.
3501. Short title of chapter.
3502. Definitions.
3503. Commission; authority; procedure.
3504. Athlete agent; registration required; void contract.
3505. Registration as athlete agent; application; requirements;
reciprocal registration.
3506. Certificate of registration; issuance or denial; renewal.
3507. Suspension, revocation or refusal to renew registration.
3508. Temporary registration.
3509. Registration and renewal fees.
3510. Required form of agency contract.
3511. Notice to educational institution.
3512. Student athlete's right to cancel.
3513. Required records.
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3514. Prohibited conduct.
3515. Criminal penalty.
3516. Civil remedy.
3517. Civil penalty.
3518. Uniformity of application and construction.
3519. Relation to Electronic Signatures in Global and National
Commerce Act.
3520. Disposition of receipts.
3521. REGISTERED ATHLETE AGENT DIRECTORY.
§ 3501. Short title of chapter.
This chapter shall be known and may be cited as the Revised
Uniform Athlete Agents Act (2015).
§ 3502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency contract." 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.
"Athlete agent." The following apply:
(1) The term means an individual, whether or not
registered under this chapter, who:
(i) directly or indirectly:
(A) recruits or solicits a student athlete to
enter into an agency contract; or
(B) 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
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organization;
(ii) for compensation or in anticipation of
compensation related to a student athlete's participation
in athletics:
(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; or
(B) manages the business affairs of the student
athlete by providing assistance with bills, payments,
contracts or taxes; or
(iii) in anticipation of representing a student
athlete for a purpose related to the student athlete's
participation in athletics:
(A) gives consideration to the student athlete
or another person;
(B) serves the student athlete in an advisory
capacity on a matter related to finances, business
pursuits or career management decisions; or
(C) manages the business affairs of the student
athlete by providing assistance with bills, payments,
contracts or taxes.
(2) The term does not include an individual who:
(i) acts solely on behalf of a professional sports
team or organization; or
(ii) IS A COACH, TRAINER OR OTHER EMPLOYEE OF A
SECONDARY OR POSTSECONDARY SCHOOL WHO IS ACTING ON BEHALF
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OF A STUDENT ATHLETE OF THE SAME SECONDARY OR
POSTSECONDARY SCHOOL, IF THE ACTIVITIES ARE WITHIN THE
SCOPE OF EMPLOYMENT OF THE COACH, TRAINER OR OTHER
EMPLOYEE; OR
(III) 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:
(A) also recruits or solicits the student
athlete to enter into an agency contract;
(B) also, 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; or
(C) receives consideration for providing the
services calculated using a different method than for
an individual who is not a student athlete.
"Athletic director." The individual responsible for
administering:
(1) the overall athletic program of an educational
institution; or
(2) 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.
"Commission." The State Athletic Commission.
"Communicating or attempting to communicate." Contacting or
attempting to contact by an in-person meeting, a record or any
other method which conveys or attempts to convey a message.
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"Educational institution." Any public or private elementary
school, secondary school, technical or vocational school,
community college, college or university.
"Endorsement contract." An agreement under which a student
athlete is employed or receives consideration to use on behalf
of the other party value that the student athlete may have
because of publicity, reputation, following or fame obtained
because of athletic ability or performance.
"Enroll." To register for courses and attend athletic
practice or class.
"Enrolled." Registered for courses and attending athletic
practice or class.
"Intercollegiate sport." A sport played at the collegiate
level for which eligibility requirements for participation by a
student athlete are established by a national association which
promotes or regulates collegiate athletics.
"Interscholastic sport." A sport played between educational
institutions which are not community colleges, colleges or
universities.
"Licensed, registered or certified professional." An
individual licensed, registered or certified as an attorney, a
dealer in securities, a financial planner, an insurance agent, a
real estate broker or sales agent, a tax consultant, an
accountant or a member of a profession who is licensed,
registered or certified by the State or a nationally recognized
organization which licenses, registers or certifies members of
the profession on the basis of experience, education or testing.
The term does not include an athlete agent.
"Person." Any individual, estate, business or nonprofit
entity, public corporation, government or governmental
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subdivision, agency or instrumentality or other legal entity.
"Professional-sports-services contract." 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.
"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Recruit or solicit." An attempt to influence the choice of
an athlete agent 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 on the selection of a
particular athlete agent 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 the athlete agent.
"Registration." Registration as an athlete agent under this
chapter.
"Secretary." The Secretary of the Commonwealth.
"Sign." With present intent to authenticate or adopt a
record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record
an electronic symbol, sound or process.
"State." 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.
"Student athlete." An individual who is eligible to attend
an educational institution and engages in, is eligible to engage
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in or may be eligible in the future to engage in, any
interscholastic or intercollegiate sport. The term does not
include an individual permanently ineligible to participate in a
particular interscholastic or intercollegiate sport for that
sport.
§ 3503. Commission; authority; procedure.
(a) Regulations.--The commission may promulgate regulations
to implement this chapter.
(b) Agent for service of process.--By acting as an athlete
agent in this Commonwealth, a nonresident individual appoints
the secretary as the individual's agent for service of process
in a civil action in this Commonwealth related to the individual
acting as an athlete agent in this Commonwealth.
(c) Subpoenas.--The commission may issue a subpoena for
material which is relevant to the administration of this
chapter.
§ 3504. Athlete agent; registration required; void contract.
(a) Prohibition.--Except as specified in subsection (b), an
individual may not act as an athlete agent in this Commonwealth
without holding a certificate of registration under this
chapter.
(b) Acting as athlete agent.--Before being issued a
certificate of registration under this chapter, an individual
may act as an athlete agent in this Commonwealth for all
purposes except signing an agency contract, if:
(1) a student athlete or another person acting on behalf
of the student athlete initiates communication with the
individual; and
(2) not later than seven days after an initial act which
requires the individual to register as an athlete agent, the
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individual submits an application for registration as an
athlete agent in this Commonwealth.
(c) Contract void.--An agency contract resulting from
conduct in violation of this section is void, and the athlete
agent shall return consideration received under the contract.
§ 3505. Registration as athlete agent; application;
requirements; reciprocal registration.
(a) Application.--Except as specified in subsection (b), an
applicant for registration as an athlete agent must SHALL submit
an application for registration to the commission in a form
prescribed by the commission. The applicant must SHALL be an
individual, and the application must be signed by the applicant
under penalty of perjury. SUBJECT TO THE PROVISIONS OF 18
PA.C.S. §§ 4902 (RELATING TO PERJURY), 4903 (RELATING TO FALSE
SWEARING) AND 4904 (RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES). The application must SHALL contain at least the
following:
(1) Name, date and place of birth of the applicant and
all of the following contact information for the applicant:
(i) Address of the applicant's principal place of
business.
(ii) Work and mobile telephone numbers.
(iii) Any means of communicating electronically,
including a facsimile number, an electronic mail address
and personal and business or employer websites.
(2) Name of the applicant's business or employer, if
applicable, including for each business or employer its
mailing address, telephone number, organization form and the
nature of the business.
(3) Each social media account with which the applicant
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or the applicant's business or employer is affiliated.
(4) Each business or occupation in which the applicant
engaged within five 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.
(5) Description of the applicant's:
(i) formal training as an athlete agent;
(ii) practical experience as an athlete agent; and
(iii) educational background relating to the
applicant's activities as an athlete agent.
(6) Statement listing the:
(i) name of each student athlete for whom the
applicant acted as an athlete agent within five years
before the date of the application or, if the student
athlete is a minor, name of the parent or guardian of the
student athlete; and
(ii) student athlete's sport and last known team.
(7) Name and address of each person that:
(i) is a partner, member, officer, manager,
associate or profit sharer or directly or indirectly
holds an equity interest of 5% or greater of the athlete
agent's business if the business is not a corporation;
and
(ii) is an officer or director of a corporation
employing the athlete agent or a shareholder having an
interest of five percent or greater in the corporation.
(8) Description of the status of each application by the
applicant or a person named under paragraph (7) for a Federal
or state business, professional or occupational license,
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other than as an athlete agent, from a Federal or state
agency. This paragraph includes the denial, refusal to renew,
suspension, withdrawal or termination of the license and each
reprimand or censure related to the license.
(9) Whether the applicant or a person named under
paragraph (7) has pleaded guilty or no contest to, has been
convicted of or has charges pending for an offense which
involves moral turpitude or would constitute a felony if
committed in this Commonwealth. For an offense subject to
this paragraph, the application must identify:
(i) the offense;
(II) THE STATE AND DATE OF THE OFFENSE OR
DISCIPLINARY ACTION;
(ii) (III) the law enforcement agency involved; and
(iii) (IV) if applicable, the date of the plea or
conviction and the penalty imposed.
(10) Whether, within 15 years before the date of
application, the applicant or a person named under paragraph
(7) has been a defendant or respondent in a civil proceeding,
including a proceeding under 20 Pa.C.S. Ch. 55 Subch. C
(relating to appointment of guardian; bonds; removal and
discharge). For a proceeding under this paragraph, the
application must SHALL state the date and a full explanation
of the proceeding.
(11) Whether the applicant or a person named under
paragraph (7) has an unsatisfied judgment or a judgment of
continuing effect, including an order under 23 Pa.C.S. Ch. 37
(relating to alimony and support) or 43 (relating to support
matters generally), which is not current at the date of the
application.
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(12) Whether, within 10 years before the date of
application, the applicant or a person named under paragraph
(7) was adjudicated bankrupt or was an owner of a business
that was adjudicated bankrupt.
(13) Whether there has been any administrative or
judicial determination that the applicant or a person named
under paragraph (7) made a false, misleading, deceptive or
fraudulent representation.
(14) Each instance in which conduct of the applicant or
a person named under paragraph (7) resulted in:
(i) imposition on a student athlete of a sanction,
suspension or declaration of ineligibility to participate
in an interscholastic, intercollegiate or professional
athletic event; or
(ii) imposition of a sanction on an educational
institution.
(15) Each sanction, suspension or disciplinary action
taken against the applicant or a person named under paragraph
(7) arising out of occupational or professional conduct.
(16) Whether there has been a denial of an application
for, suspension or revocation of, refusal to renew or
abandonment of the registration of the applicant or a person
named under paragraph (7) as an athlete agent in any state.
(17) Each state in which the applicant currently is
registered as an athlete agent or has applied to be
registered as an athlete agent.
(18) If the applicant is certified or registered by a
professional league or players association:
(i) name of the league or association;
(ii) date of certification or registration and, if
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applicable, date of expiration of the certification or
registration;
(iii) date of denial of an application for,
suspension or revocation of, refusal to renew, withdrawal
of or termination of the certification or registration;
and
(iv) date of reprimand or censure related to the
certification or registration.
(19) Additional information required by the commission.
(b) Alternative application.--Instead of proceeding under
subsection (a), an individual registered as an athlete agent in
another state may apply for registration as an athlete agent in
this Commonwealth by submitting to the commission:
(1) a copy of the application for registration in the
other state;
(2) a statement which identifies every material change
in the information on the application or verifies there is no
material change in the information, signed under penalty of
perjury; and
(3) a copy of the certificate of registration from the
other state.
(c) Certificate of registration.--The commission shall issue
a certificate of registration to an individual who applies for
registration under subsection (b) if the commission determines
all of the following:
(1) The application and registration requirements of the
other state are substantially similar to or more restrictive
than this chapter.
(2) The registration has not been revoked or suspended
by the other state.
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(3) No action involving the individual's conduct as an
athlete agent is pending against the individual or the
individual's registration in any state.
(d) Implementation.--For purposes of implementing subsection
(c), the commission shall:
(1) cooperate with national organizations concerned with
athlete agent issues and with agencies in other states which
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 chapter; and
(2) exchange information, including information related
to actions taken against registered athlete agents or their
registrations, with those organizations and agencies.
(e) Criminal history background check.--An individual who
applies for registration under subsection (a) or (b) shall
submit to the commission, pursuant to 18 Pa.C.S. Ch. 91
(relating to criminal history record information), a report of
criminal history record information from the Pennsylvania State
Police or a statement from the Pennsylvania State Police that
the Pennsylvania State Police central repository contains no
such information relating to the individual. The criminal
history record information shall be limited to that which is
disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to
general regulations).
§ 3506. Certificate of registration; issuance or denial;
renewal.
(a) Issuance.--Except as specified in subsection (b), the
commission shall issue a certificate of registration to an
applicant for registration who complies with section 3505(a)
(relating to registration as athlete agent; application;
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requirements; reciprocal registration).
(b) Refusal.--The commission may refuse to issue a
certificate of registration to an applicant for registration
under section 3505(a) if the commission determines that the
applicant has engaged in conduct that significantly adversely
reflects on the applicant's fitness to act as an athlete agent.
In making the determination, the commission may consider whether
the applicant has:
(1) pleaded guilty or no contest to, has been convicted
of or has charges pending for an offense which involves moral
turpitude or would constitute a felony if committed in this
Commonwealth;
(2) made a materially false, misleading, deceptive or
fraudulent representation in the application or as an athlete
agent;
(3) engaged in conduct which would disqualify the
applicant from serving in a fiduciary capacity;
(4) violated section 3514 (relating to prohibited
conduct);
(5) had a registration as an athlete agent suspended,
revoked or denied in any state;
(6) been refused renewal of registration as an athlete
agent in any state;
(7) engaged in conduct resulting in:
(i) imposition on a student athlete of a sanction,
suspension or declaration of ineligibility to participate
in an interscholastic, intercollegiate or professional
athletic event; or
(ii) imposition of a sanction on an educational
institution; or
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(8) engaged in conduct which adversely reflects on the
applicant's credibility, honesty or integrity.
(c) Determination.--In making a determination under
subsection (b), the commission shall consider:
(1) how recently the conduct occurred;
(2) the nature of the conduct and the context in which
it occurred; and
(3) other relevant conduct of the applicant.
(d) Renewal of registration.--An athlete agent registered
under subsection (a) may apply to renew the registration by
submitting an application for renewal in a form prescribed by
the commission. The applicant must SHALL sign the application
under penalty of perjury and include current information on all
matters required in an original application for registration.
(e) Renewal in other state.--
(1) An athlete agent registered under section 3505(c)
may renew the registration by:
(i) proceeding under subsection (d); or
(ii) if the registration in the other state has been
renewed, submitting to the commission copies of the
application for renewal in the other state and the
renewed registration from the other state.
(2) The commission shall renew the registration if the
commission determines that:
(i) the registration requirements of the other state
are substantially similar to or more restrictive than
this chapter;
(ii) the renewed registration has not been suspended
or revoked; and
(iii) no action involving the individual's conduct
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as an athlete agent is pending against the individual or
the individual's registration in any state.
(f) Validity.--A certificate of registration or renewal of
registration under this chapter is valid for two years.
§ 3507. Suspension, revocation or refusal to renew
registration.
(a) Authority.--The commission may limit, suspend, revoke or
refuse to renew a registration of an individual registered under
section 3506(a) (relating to certificate of registration;
issuance or denial; renewal) for conduct which would have
justified refusal to issue a certificate of registration under
section 3506(b).
(b) Suspension or revocation.--The commission may suspend or
revoke the registration of an individual registered under
section 3505(c) (relating to registration as athlete agent;
application; requirements; reciprocal registration) or renewed
under section 3506(e) for a reason for which the commission
could have refused to grant or renew registration or for conduct
which would justify refusal to issue a certificate of
registration under section 3506(b).
(c) Notice and hearing.--The commission may deny, suspend,
revoke, restrict or otherwise limit registration or refuse to
renew a registration only after proper notice and an opportunity
for a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A
(relating to practice and procedure of Commonwealth agencies).
§ 3508. Temporary registration.
The commission may issue a temporary certificate of
registration as an athlete agent while an application for
registration or renewal of registration is pending.
§ 3509. Registration and renewal fees.
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(a) Registration fee.--An application for registration or
renewal of registration shall be accompanied by a fee in the
following amounts:
(1) For an initial application for registration or an
application for renewal of registration for an individual or
sole proprietor, $200.
(2) For an application for registration or an
application for renewal of registration based upon a
certificate of registration or licensure issued by another
state for an individual or a sole proprietor, $150.
(b) Fee increase.--The commission may increase the fees in
subsection (a), by regulation, if the revenues raised by fees,
fines and civil penalties imposed under this chapter are not
sufficient to cover the costs of the commission to implement the
provisions of this chapter. Any increase in fee may not exceed
the amounts necessary to fund the commission to carry out the
provisions of this chapter.
§ 3510. Required form of agency contract.
(a) Requirement.--An agency contract must SHALL be in a
record signed by the parties.
(b) Contents of contract.--An agency contract must SHALL
contain:
(1) a statement that the athlete agent is registered as
an athlete agent in this Commonwealth and a list of any other
states in which the athlete agent is registered as an athlete
agent;
(2) the amount and method of calculating the
consideration to be paid by the student athlete for services
to be provided by the athlete agent under the contract and
any other consideration the athlete agent has received or
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will receive from any other source for entering into the
contract or providing the services;
(3) the name of any person that:
(i) is not listed in the athlete agent's application
for registration or renewal of registration; and
(ii) will be compensated because the student athlete
signed the contract;
(4) a description of any expenses the student athlete
agrees to reimburse;
(5) a description of the services to be provided to the
student athlete;
(6) the duration of the contract; and
(7) the date of execution.
(c) Notice.--Subject to subsection (g), an agency contract
must SHALL contain a conspicuous notice in boldface type and in
substantially the following form:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) IF YOU ENTER INTO NEGOTIATIONS FOR, OR SIGN, A
PROFESSIONAL-SPORTS-SERVICES CONTRACT, YOU MAY LOSE YOUR
ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS
AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED
ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS
FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST SHALL NOTIFY YOUR
ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT
AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE
AGENT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER
SIGNING IT.
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(d) Signed acknowledgment.--An agency contract must SHALL be
accompanied by a separate record:
(1) signed by:
(i) the student athlete; or
(ii) if the student athlete is a minor, the parent
or guardian of the student athlete; and
(2) acknowledging that signing the contract may result
in the loss of the student athlete's eligibility to
participate in the student athlete's sport.
(e) Voided contract.--A student athlete or, if the student
athlete is a minor, the parent or guardian of the student
athlete may void an agency contract which does not conform to
this section. If the contract is voided, consideration received
from the athlete agent under the contract to induce entering
into the contract is not required to be returned.
(f) Copies.--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 contract and the separate
acknowledgment required by subsection (d).
(g) Minors.--If a student athlete is a minor the notice
under subsection (c) must SHALL be revised in accordance with
subsection (d)(1)(ii).
§ 3511. Notice to educational institution.
(a) (Reserved).
(b) Athlete agent notice.--If an athlete agent and a student
athlete enter into an agency contract, all of the following
apply:
(1) The athlete agent shall give notice in a record of
the existence of the agency contract to the athletic director
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of:
(i) the educational institution at which the student
athlete is enrolled; or
(ii) an educational institution at which the athlete
agent has reasonable grounds to believe the student
athlete intends to enroll.
(2) Notice under paragraph (1) shall be given not later
than the earlier of:
(i) 72 hours after entering into an agency contract;
or
(ii) before the next scheduled athletic event in
which the student athlete may participate.
(c) Student athlete notice.--If a student athlete and an
athlete agent enter into an agency contract, all of the
following apply:
(1) The student athlete shall inform the athletic
director of the educational institution at which the student
athlete is enrolled:
(i) that the student athlete has entered into an
agency contract; and
(ii) of the name and contact information of the
athlete agent.
(2) Notice under paragraph (1) shall be given not later
than the earlier of:
(i) 72 hours after entering into an agency contract;
or
(ii) before the next scheduled athletic event in
which the student athlete may participate.
(d) Notice after enrollment.--
(1) This subsection applies if:
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(i) an athlete agent enters into an agency contract
with a student athlete; and
(ii) the student athlete subsequently enrolls in an
educational institution.
(2) If paragraph (1) applies, the athlete agent shall
notify the athletic director of the educational institution
of the existence of the contract not later than 72 hours
after the athlete agent knew or should have known the student
athlete enrolled.
(e) Notice of relationship.--
(1) This subsection applies if:
(i) an athlete agent has a relationship with a
student athlete; and
(ii) the student athlete subsequently:
(A) enrolls in an educational institution; and
(B) receives an athletic scholarship from the
educational institution.
(2) If paragraph (1) applies, the athlete agent shall
notify the educational institution of the relationship not
later than 10 days after the enrollment if the athlete agent
knows or should have known of the enrollment and:
(i) the relationship was motivated in whole or part
by the intention of the athlete agent to recruit or
solicit the student athlete to enter an agency contract
in the future; or
(ii) the athlete agent directly or indirectly
recruited or solicited the student athlete to enter an
agency contract before the enrollment.
(f) Notice prior to communication.--An athlete agent shall
give notice in a record to the athletic director of the
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educational institution at which a student athlete is enrolled
before the athlete agent communicates or attempts to communicate
with:
(1) the student athlete or, if the student athlete is a
minor, a parent or guardian of the student athlete, to
influence the student athlete or parent or guardian to enter
into an agency contract; or
(2) another individual to have that individual influence
the student athlete or, if the student athlete is a minor,
the parent or guardian of the student athlete to enter into
an agency contract.
(g) Communication initiated by student athlete.--If a
communication or attempt to communicate with an athlete agent is
initiated by a student athlete or another individual on behalf
of the student athlete, the athlete agent shall notify in a
record the athletic director of the educational institution at
which the student athlete is enrolled. The notification must
SHALL be made not later than 10 days after the communication or
attempt.
(h) Notification of violation.--An educational institution
which becomes aware of a violation of this chapter by an athlete
agent shall provide notice of the violation to:
(1) the commission; and
(2) any professional league or players association with
which the athlete agent is licensed or registered, if the
educational institution is aware of the licensure or
registration.
(i) Notification of agency contract.--The athletic director
of the educational institution at which the student athlete is
enrolled, or the athletic director's designee, shall give notice
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in a record of the existence of the agency contract to the
commission within 72 hours of receiving notice under subsections
(b), (c), (d), (e), (f) and (g).
(H) NOTIFICATION OF VIOLATION.--THE FOLLOWING APPLY:
(1) AN EDUCATIONAL INSTITUTION THAT BECOMES AWARE OF A
VIOLATION OF THIS CHAPTER BY AN ATHLETE AGENT SHALL PROVIDE
NOTICE IN A RECORD OF THE VIOLATION TO THE COMMISSION. THE
NOTICE SHALL BE PROVIDED ON A FORM AND IN A MANNER SPECIFIED
BY THE COMMISSION.
(2) IF THE COMMISSION RECEIVES NOTICE OF A VIOLATION
UNDER PARAGRAPH (1), THE COMMISSION SHALL NOTIFY ANY
PROFESSIONAL LEAGUE OR PLAYERS ASSOCIATION WITH WHICH THE
ATHLETE AGENT IS LICENSED OR REGISTERED.
(I) NOTIFICATION OF AGENCY CONTRACT.--A STUDENT ATHLETE AND
AN ATHLETE AGENT SHALL GIVE NOTICE IN A RECORD OF THE EXISTENCE
OF AN AGENCY CONTRACT TO THE COMMISSION WITHIN 72 HOURS OF
ENTERING INTO THE AGENCY CONTRACT.
(J) DESIGNEE.--
(1) AN ATHLETIC DIRECTOR MAY DESIGNATE AN INDIVIDUAL WHO
IS AN EMPLOYEE OF THE ATHLETIC DEPARTMENT TO BE RESPONSIBLE
FOR RECEIVING OR MAKING THE NOTICES REQUIRED UNDER THIS
CHAPTER.
(2) IF THE ATHLETIC DIRECTOR DESIGNATES AN INDIVIDUAL
UNDER PARAGRAPH (1), THE DESIGNATION SHALL BE MADE IN
WRITING.
§ 3512. Student athlete's right to cancel.
(a) Right.--A student athlete or, if the student athlete is
a minor, the parent or guardian of the student athlete may
cancel an agency contract by giving notice in a record of
cancellation to the athlete agent not later than 14 days after
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the contract is signed.
(b) Waiver prohibited.--A student athlete or, if the student
athlete is a minor, the parent or guardian of the student
athlete may not waive the right to cancel an agency contract.
(c) Return of consideration.--If a student athlete, parent
or guardian cancels an agency contract, the student athlete,
parent or guardian is not required to pay consideration under
the contract or return consideration received from the athlete
agent to influence the student athlete to enter into the
contract.
§ 3513. Required records.
(a) Records.--An athlete agent shall create and retain for
five years records of the following:
(1) the name and address of each individual represented
by the athlete agent;
(2) each agency contract entered into by the athlete
agent; and
(3) the direct costs incurred by the athlete agent in
the recruitment or solicitation of each student athlete to
enter into an agency contract.
(b) Inspection.--Records under subsection (a) shall be open
to inspection by the commission.
§ 3514. Prohibited conduct.
An athlete agent may not intentionally do any of the
following:
(1) Give a student athlete or, if the student athlete is
a minor, a parent or guardian of the student athlete
materially false or misleading information or make a
materially false promise or representation with the intent to
influence the student athlete, parent or guardian to enter
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into an agency contract.
(2) Furnish anything of value to a student athlete or
another individual if the thing of value may result in loss
of the student athlete's eligibility to participate in the
athlete's sport, unless:
(i) the athlete agent notifies the athletic director
of the educational institution at which the student
athlete is enrolled or at which the athlete agent has
reasonable grounds to believe the athlete intends to
enroll, not later than 72 hours after giving the thing of
value; and
(ii) the student athlete or, if the student athlete
is a minor, a parent or guardian of the student athlete
acknowledges to the athlete agent in a record that
receipt of the thing of value may result in loss of the
athlete's eligibility to participate in the student
athlete's sport.
(3) Initiate contact, directly or indirectly, with a
student athlete or, if the student athlete is a minor, a
parent or guardian of the student athlete, to recruit or
solicit the student athlete, parent or guardian to enter an
agency contract unless registered under this chapter.
(4) Fail to create, retain or permit inspection of the
records required by section 3513 (relating to required
records).
(5) Fail to register when required under section 3504
(relating to a thlete agent; registration required; void
contract).
(6) Provide materially false or misleading information
in an application for registration or renewal of
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registration.
(7) Predate or postdate an agency contract.
(8) Fail to notify a student athlete or, if the student
athlete is a minor, a parent or guardian of the student
athlete, before the student athlete, parent or guardian signs
an agency contract for a particular sport that the signing
may result in loss of the student athlete's eligibility to
participate in the student athlete's sport.
(9) Encourage another individual to do any of the
prohibited activities under paragraph (1), (2), (3), (4),
(5), (6), (7) or (8) on behalf of the athlete agent.
(10) Encourage another individual to assist any other
individual in doing any of the prohibited activities under
paragraph (1), (2), (3), (4), (5), (6), (7) or (8) on behalf
of the athlete agent.
§ 3515. Criminal penalty.
An athlete agent who violates section 3514 (relating to
prohibited conduct) commits a misdemeanor of the third degree.
§ 3516. Civil remedy.
(a) Cause of action.--
(1) An educational institution or a student athlete may
bring an action for damages against an athlete agent if the
educational institution or student athlete is adversely
affected by an act or omission of the athlete agent in
violation of this chapter.
(2) An educational institution is adversely affected by
an act or omission of an athlete agent only if, because of
the act or omission, the educational institution:
(i) is suspended or disqualified from participation
in an interscholastic or intercollegiate sports event by
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or under the rules of a state or national federation or
association which promotes or regulates interscholastic
or intercollegiate sports; or
(ii) suffers financial damage.
(3) A student athlete is adversely affected by an act or
omission of an athlete agent only if all of the following
apply:
(i) At the time of the the act or omission, the
student athlete was enrolled in an educational
institution.
(ii) Because of the act or omission, the student
athlete:
(A) is suspended or disqualified from
participation in an interscholastic or
intercollegiate sports event by or under the rules of
a state or national federation or association which
promotes or regulates interscholastic or
intercollegiate sports; or
(B) suffers financial damage.
(b) Recovery.--A plaintiff that prevails in an action under
this section may recover actual damages and court costs. An
athlete agent found liable under this section forfeits any right
of payment for anything of benefit or value provided to the
student athlete and shall refund consideration paid to the
athlete agent by or on behalf of the student athlete.
§ 3517. Civil penalty.
(a) Administrative penalty.--The commission may assess an
administrative penalty against an athlete agent not to exceed
$50,000 for a violation of this chapter.
(b) Administrative agency law.--A penalty under this section
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is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies) and 7 Subch. A (relating
to judicial review of Commonwealth agency action).
§ 3518. Uniformity of application and construction.
In applying and construing this uniform act, consideration
must SHALL be given to the need to promote uniformity of the law
with respect to its subject matter among states that enact it.
§ 3519. Relation to Electronic Signatures in Global and
National Commerce Act.
To the extent permitted by section 102 of the Electronic
Signatures in Global and National Commerce Act (Public Law 106-
229, 15 U.S.C. § 7002), this chapter may supersede provisions of
that act.
§ 3520. Disposition of receipts.
All fees, civil penalties, forfeitures and other money
collected under this chapter and the regulations of the
commission shall be paid into the Athletic Commission
Augmentation Account.
§ 3521. REGISTERED ATHLETE AGENT DIRECTORY.
THE COMMISSION SHALL DEVELOP AND MAINTAIN A DATABASE FOR ALL
REGISTRATIONS OF AN ATHLETE AGENT UNDER THIS CHAPTER. THE
DATABASE SHALL BE MADE AVAILABLE ON THE COMMISSION'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE.
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 5
Pa.C.S. Ch. 35.
(2) 18 Pa.C.S. § 7107 is repealed insofar as it is
inconsistent with this act.
Section 5. This act shall take effect in 60 days.
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