PRIOR PRINTER'S NO. 3411 PRINTER'S NO. 4509
No. 2411 Session of 2002
INTRODUCED BY HERMAN, BENNINGHOFF, ADOLPH, ALLEN, M. BAKER,
CAPPELLI, CLYMER, COLAFELLA, CORRIGAN, COSTA, COY, CREIGHTON,
CURRY, DALLY, J. EVANS, FAIRCHILD, FICHTER, FLICK, GEORGE,
GODSHALL, GRUCELA, HARHAI, HENNESSEY, HERSHEY, MANN,
MICHLOVIC, R. MILLER, NAILOR, SAINATO, SATHER, SAYLOR,
SCHULER, SHANER, B. SMITH, STABACK, TANGRETTI, TRELLO, TRICH,
WILT, G. WRIGHT, YUDICHAK, TURZAI, THOMAS AND PALLONE,
MARCH 13, 2002
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 22, 2002
AN ACT
1 Establishing requirements for persons acting as agents for <--
2 athletes; and providing for licensure requirements, for power
3 and duty of the Secretary of the Commonwealth and for civil
4 and criminal penalties.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. Service of process and subpoenas.
9 Section 4. Registration required and void contracts.
10 Section 5. Registration as athlete agent, form and
11 requirements.
12 Section 6. Certificate of registration, issuance or denial and
13 renewal.
14 Section 7. Suspension, revocation or refusal to renew
15 registration.
1 Section 8. Temporary registration.
2 Section 9. Registration and renewal fees.
3 Section 10. Required form of contract.
4 Section 11. Notice to educational institution.
5 Section 12. Student athlete's right to cancel.
6 Section 13. Required records.
7 Section 14. Prohibited conduct.
8 Section 15. Criminal penalties.
9 Section 16. Civil remedies.
10 Section 17. Administrative penalty.
11 Section 18. Uniformity of application and construction.
12 Section 19. Electronic Signatures in Global and National
13 Commerce Act.
14 Section 20. Severability.
15 Section 21. Effective date.
16 AMENDING TITLE 5 (ATHLETICS AND SPORTS) OF THE PENNSYLVANIA <--
17 CONSOLIDATED STATUTES, REVISING PROVISIONS RELATING TO
18 ATHLETE AGENTS.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Short title. <--
22 This act shall be known and may be cited as the Uniform
23 Athlete Agents Act.
24 Section 2. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Agency contract." An agreement in which a student athlete
29 authorizes a person to negotiate or solicit on behalf of the
30 student athlete a professional sports-services contract or an
31 endorsement contract.
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1 "Athlete agent." An individual who enters into an agency
2 contract with a student athlete or, directly or indirectly,
3 recruits or solicits a student athlete to enter into an agency
4 contract. The term includes an individual who represents to the
5 public that the individual is an athlete agent. The term does
6 not include a spouse, parent, sibling, grandparent or guardian
7 of the student athlete or an individual acting solely on behalf
8 of a professional sports team or professional sports
9 organization.
10 "Athletic director." An individual responsible for
11 administering the overall athletic program of an educational
12 institution or, if an educational institution has separately
13 administered athletic programs for male students and female
14 students, the athletic program for males or the athletic program
15 for females, as appropriate.
16 "Contact." A communication, direct or indirect, between an
17 athlete agent and a student athlete to recruit or solicit the
18 student athlete to enter into an agency contract.
19 "Endorsement contract." An agreement under which a student
20 athlete is employed or receives consideration to use on behalf
21 of the other party any value that the student athlete may have
22 because of publicity, reputation, following or fame obtained
23 because of athletic ability or performance.
24 "Intercollegiate sport." A sport played at the collegiate
25 level for which eligibility requirements for participation by a
26 student athlete are established by a national association for
27 the promotion or regulation of collegiate athletics.
28 "Person." An individual, corporation, business trust,
29 estate, trust, partnership, limited liability company,
30 association, joint venture, government, governmental
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1 subdivision, agency or instrumentality, public corporation or
2 any other legal or commercial entity.
3 "Professional sports-services contract." An agreement under
4 which an individual is employed or agrees to render services as
5 a player on a professional sports team, with a professional
6 sports organization or as a professional athlete.
7 "Record." Information that is inscribed on a tangible medium
8 or that is stored in an electronic or other medium and is
9 retrievable in perceivable form.
10 "Registration." Registration as an athlete agent pursuant to
11 this act.
12 "Secretary." The Secretary of the Commonwealth.
13 "State." A state of the United States, the District of
14 Columbia, Puerto Rico, the United States Virgin Islands or any
15 territory or insular possession subject to the jurisdiction of
16 the United States.
17 "Student athlete." An individual who engages in, is eligible
18 to engage in or may be eligible in the future to engage in any
19 intercollegiate sport. If an individual is permanently
20 ineligible to participate in a particular intercollegiate sport,
21 the individual is not a student athlete for purposes of that
22 sport.
23 Section 3. Service of process and subpoenas.
24 (a) Service of process.--By acting as an athlete agent in
25 this Commonwealth, a nonresident individual appoints the
26 secretary as the individual's agent for service of process in
27 any civil action in this Commonwealth related to the
28 individual's acting as an athlete agent in this Commonwealth.
29 (b) Subpoenas.--The secretary may issue subpoenas for any
30 material that is relevant to the administration of this act.
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1 Section 4. Registration required and void contracts.
2 (a) Certificate of registration required.--Except as
3 otherwise provided in subsection (b), an individual may not act
4 as an athlete agent in this Commonwealth without holding a
5 certificate of registration under section 6 or 8.
6 (b) Exceptions.--Before being issued a certificate of
7 registration, an individual may act as an athlete agent in this
8 Commonwealth for all purposes except signing an agency contract,
9 if:
10 (1) a student athlete or another person acting on behalf
11 of the student athlete initiates communication with the
12 individual; and
13 (2) within seven days after an initial act as an athlete
14 agent, the individual submits an application for registration
15 as an athlete agent in this Commonwealth.
16 (c) Contracts void.--An agency contract resulting from
17 conduct in violation of this section is void, and the athlete
18 agent shall return any consideration received under the
19 contract.
20 Section 5. Registration as athlete agent, form and
21 requirements.
22 (a) Applications.--An applicant for registration shall
23 submit an application for registration to the secretary in a
24 form prescribed by the secretary. An application filed under
25 this section is a public record. The application must be in the
26 name of an individual and, except as otherwise provided in
27 subsection (b), signed or otherwise authenticated by the
28 applicant under penalty of perjury and state or contain:
29 (1) The name of the applicant and the address of the
30 applicant's principal place of business.
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1 (2) The name of the applicant's business or employer, if
2 applicable.
3 (3) Any business or occupation engaged in by the
4 applicant for the five years next preceding the date of
5 submission of the application.
6 (4) A description of the applicant's formal training as
7 an athlete agent, practical experience as an athlete agent
8 and educational background relating to the applicant's
9 activities as an athlete agent.
10 (5) The names and addresses of three individuals not
11 related to the applicant who are willing to serve as
12 references.
13 (6) The name, sport and last known team for each
14 individual for whom the applicant acted as an athlete agent
15 during the five years next preceding the date of submission
16 of the application.
17 (7) The names and addresses of all persons who are:
18 (i) with respect to the athlete agent's business if
19 it is not a corporation, the partners, members, officers,
20 managers, associates or profit-sharers of the business;
21 and
22 (ii) with respect to a corporation employing the
23 athlete agent, the officers, directors and any
24 shareholder of the corporation having an interest of 5%
25 or greater.
26 (8) Whether the applicant or any person named pursuant
27 to paragraph (7) has been convicted of a crime that, if
28 committed in this Commonwealth, would be a crime involving
29 moral turpitude or a felony, and identify the crime.
30 (9) Whether there has been any administrative or
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1 judicial determination that the applicant or any person named
2 pursuant to paragraph (7) has made a false, misleading,
3 deceptive or fraudulent representation.
4 (10) Any instance in which the conduct of the applicant
5 or any person named pursuant to paragraph (7) resulted in the
6 imposition of a sanction, suspension or declaration of
7 ineligibility to participate in an interscholastic or
8 intercollegiate athletic event on a student athlete or
9 educational institution.
10 (11) Any sanction, suspension or disciplinary action
11 taken against the applicant or any person named pursuant to
12 paragraph (7) arising out of occupational or professional
13 conduct.
14 (12) Whether there has been any denial of an application
15 for, suspension or revocation of or refusal to renew the
16 registration or licensure of the applicant or any person
17 named pursuant to paragraph (7) as an athlete agent in any
18 state.
19 (b) Applications and certificates from other states.--An
20 individual who has submitted an application for and holds a
21 certificate of registration or licensure as an athlete agent in
22 another state may submit a copy of the application and
23 certificate in lieu of submitting an application in the form
24 prescribed pursuant to subsection (a). The secretary shall
25 accept the application and the certificate from the other state
26 as an application for registration in this Commonwealth if the
27 application to the other state:
28 (1) Was submitted in the other state within six months
29 next preceding the submission of the application in this
30 Commonwealth and the applicant certifies that the information
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1 contained in the application is current.
2 (2) Contains information substantially similar to or
3 more comprehensive than that required in an application
4 submitted this Commonwealth.
5 (3) Was signed by the applicant under penalty of
6 perjury.
7 Section 6. Certificate of registration, issuance or denial and
8 renewal.
9 (a) Issuance of certificate.--Except as otherwise provided
10 in subsection (b), the secretary shall issue a certificate of
11 registration to an individual who complies with section 5(a) or
12 whose application has been accepted under section 5(b).
13 (b) Denial of registration.--The secretary may refuse to
14 issue a certificate of registration if the secretary determines
15 that the applicant has engaged in conduct that has a significant
16 adverse effect on the applicant's fitness to act as an athlete
17 agent. In making the determination, the secretary may consider
18 whether the applicant has:
19 (1) been convicted of a crime that, if committed in this
20 Commonwealth, would be a crime involving moral turpitude or a
21 felony;
22 (2) made a materially false, misleading, deceptive or
23 fraudulent representation in the application or as an athlete
24 agent;
25 (3) engaged in conduct that would disqualify the
26 applicant from serving in a fiduciary capacity;
27 (4) engaged in conduct prohibited by section 14;
28 (5) had a registration or licensure as an athlete agent
29 suspended, revoked or denied or been refused renewal of
30 registration or licensure as an athlete agent in any state;
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1 (6) engaged in conduct the consequence of which was that
2 a sanction, suspension or declaration of ineligibility to
3 participate in an interscholastic or intercollegiate athletic
4 event was imposed on a student athlete or educational
5 institution; or
6 (7) engaged in conduct that significantly adversely
7 reflects on the applicant's credibility, honesty or
8 integrity.
9 (c) Standards.--In making a determination under subsection
10 (b), the secretary shall consider:
11 (1) How recently the conduct occurred.
12 (2) The nature of the conduct and the context in which
13 it occurred.
14 (3) Any other relevant conduct of the applicant.
15 (d) Renewal of registration.--An athlete agent may apply to
16 renew a registration by submitting an application for renewal in
17 a form prescribed by the secretary. An application filed under
18 this section is a public record. The application for renewal
19 must be signed by the applicant under penalty of perjury and
20 must contain current information on all matters required in an
21 original registration.
22 (e) Application and registration from other states.--An
23 individual who has submitted an application for renewal of
24 registration or licensure in another state, in lieu of
25 submitting an application for renewal in the form prescribed
26 pursuant to subsection (d), may file a copy of the application
27 for renewal and a valid certificate of registration or licensure
28 from the other state. The secretary shall accept the application
29 for renewal from the other state as an application for renewal
30 in this Commonwealth if the application to the other state:
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1 (1) Was submitted in the other state within six months
2 next preceding the filing in this state and the applicant
3 certifies the information contained in the application for
4 renewal is current.
5 (2) Contains information substantially similar to or
6 more comprehensive than that required in an application for
7 renewal submitted in this Commonwealth.
8 (3) Was signed by the applicant under penalty of
9 perjury.
10 (f) Terms of registration.--A certificate of registration or
11 a renewal of a registration is valid for two years.
12 Section 7. Suspension, revocation or refusal to renew
13 registration.
14 (a) Suspension, revocation or refusal to renew.--The
15 secretary may suspend, revoke or refuse to renew a registration
16 for conduct that would have justified denial of registration
17 under section 6(b).
18 (b) Notice and hearing.--The secretary may deny, suspend,
19 revoke or refuse to renew a certificate of registration or
20 licensure only after proper notice and an opportunity for a
21 hearing.
22 Section 8. Temporary registration.
23 The secretary may issue a temporary certificate of
24 registration while an application for registration or renewal of
25 registration is pending.
26 Section 9. Registration and renewal fees.
27 An application for registration or renewal of registration
28 must be accompanied by a fee in the amount of $100.
29 Section 10. Required form of contract.
30 (a) Record.--An agency contract must be in a record, signed
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1 or otherwise authenticated by the parties.
2 (b) Contents of contract.--An agency contract must state or
3 contain:
4 (1) The amount and method of calculating the
5 consideration to be paid by the student athlete for services
6 to be provided by the athlete agent under the contract and
7 any other consideration the athlete agent has received or
8 will receive from any other source for entering into the
9 contract or for providing the services.
10 (2) The name of any person not listed in the application
11 for registration or renewal of registration who will be
12 compensated because the student athlete signed the agency
13 contract.
14 (3) A description of any expenses that the student
15 athlete agrees to reimburse.
16 (4) A description of the services to be provided to the
17 student athlete.
18 (5) The duration of the contract.
19 (6) The date of execution.
20 (c) Notice.--An agency contract must contain, in close
21 proximity to the signature of the student athlete, a conspicuous
22 notice in boldface type in capital letters stating:
23 WARNING TO STUDENT ATHLETE
24 IF YOU SIGN THIS CONTRACT:
25 (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A
26 STUDENT ATHLETE IN YOUR SPORT;
27 (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS
28 AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE
29 AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
30 (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER
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1 SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE
2 YOUR ELIGIBILITY.
3 (d) Voidable contracts.--An agency contract that does not
4 conform to this section is voidable by the student athlete. If a
5 student athlete voids an agency contract, the student athlete is
6 not required to pay any consideration under the contract or to
7 return any consideration received from the athlete agent to
8 induce the student athlete to enter into the contract.
9 (e) Copy of record.--The athlete agent shall give a record
10 of the signed or otherwise authenticated agency contract to the
11 student athlete at the time of execution.
12 Section 11. Notice to educational institution.
13 (a) Notice of existence of contract.--Within 72 hours after
14 entering into an agency contract or before the next scheduled
15 athletic event in which the student athlete may participate,
16 whichever occurs first, the athlete agent shall give notice in a
17 record of the existence of the contract to the athletic director
18 of the educational institution at which the student athlete is
19 enrolled or the athlete agent has reasonable grounds to believe
20 the student athlete intends to enroll.
21 (b) Other notification.--Within 72 hours after entering into
22 an agency contract or before the next athletic event in which
23 the student athlete may participate, whichever occurs first, the
24 student athlete shall inform the athletic director of the
25 educational institution at which the student athlete is enrolled
26 that he or she has entered into an agency contract.
27 Section 12. Student athlete's right to cancel.
28 A student athlete may cancel an agency contract by giving
29 notice of the cancellation to the athlete agent in a record
30 within 14 days after the contract is signed. A student athlete
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1 may not waive the right to cancel an agency contract. If a
2 student athlete cancels an agency contract, the student athlete
3 is not required to pay any consideration under the contract or
4 to return any consideration received from the athlete agent to
5 induce the student athlete to enter into the contract.
6 Section 13. Required records.
7 (a) Retention of records.--An athlete agent shall retain the
8 following records for a period of five years.
9 (1) The name and address of each individual represented
10 by the athlete agent.
11 (2) Any agency contract entered into by the athlete
12 agent.
13 (3) Any direct costs incurred by the athlete agent in
14 the recruitment or solicitation of a student athlete to enter
15 into an agency contract.
16 (b) Inspection of records.--Records required by subsection
17 (a) to be retained are open to inspection by the secretary
18 during normal business hours.
19 Section 14. Prohibited conduct.
20 (a) Conduct by agent.--An athlete agent, with the intent to
21 induce a student athlete to enter into an agency contract, may
22 not:
23 (1) give any materially false or misleading information
24 or make a materially false promise or representation;
25 (2) furnish anything of value to a student athlete
26 before the student athlete enters into the agency contract;
27 or
28 (3) furnish anything of value to any individual other
29 than the student athlete or another registered athlete agent.
30 (b) Conduct by athlete.--An athlete agent may not
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1 intentionally:
2 (1) initiate contact with a student athlete unless
3 registered under this act.
4 (2) refuse or fail to retain or permit inspection of the
5 records required to be retained by section 13;
6 (3) fail to register when required by section 4;
7 (4) provide materially false or misleading information
8 in an application for registration or renewal of
9 registration;
10 (5) predate or postdate an agency contract; or
11 (6) fail to notify a student athlete before the student
12 athlete signs or otherwise authenticates an agency contract
13 for a particular sport that the signing or authentication may
14 make the student athlete ineligible to participate as a
15 student athlete in that sport.
16 Section 15. Criminal penalties.
17 An athlete agent who violates section 14 commits a second
18 degree misdemeanor.
19 Section 16. Civil remedies.
20 (a) Education institutions.--An educational institution has
21 a right of action against an athlete agent or a former student
22 athlete for damages caused by a violation of this act. In an
23 action under this section, the court may award to the prevailing
24 party costs and reasonable attorney fees.
25 (b) Damages.--Damages of an educational institution under
26 subsection (a) include losses and expenses incurred because, as
27 a result of the conduct of an athlete agent or former student
28 athlete, the educational institution was injured by a violation
29 of this act or was penalized, disqualified or suspended from
30 participation in athletics by a national association for the
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1 promotion and regulation of athletics, by an athletic conference
2 or by reasonable self-imposed disciplinary action taken to
3 mitigate sanctions likely to be imposed by such an organization.
4 (c) Accrual of action.--A right of action under this section
5 does not accrue until the educational institution discovers or
6 by the exercise of reasonable diligence would have discovered
7 the violation by the athlete agent or former student athlete.
8 (d) Liability.--Any liability of the athlete agent or the
9 former student athlete under this section is several and not
10 joint.
11 (e) Applicability.--This act does not restrict rights,
12 remedies or defenses of any person under law or equity.
13 Section 17. Administrative penalty.
14 The secretary may assess a civil penalty against an athlete
15 agent not to exceed $2,500 for a violation of this act.
16 Section 18. Uniformity of application and construction.
17 In applying and construing this act, consideration must be
18 given to the need to promote uniformity of the law with respect
19 to its subject matter among states that enact it.
20 Section 19. Electronic Signatures in Global and National
21 Commerce Act.
22 The provisions of this act governing the legal effect,
23 validity or enforceability of electronic records or signatures
24 and of contracts formed or performed with the use of such
25 records or signatures must conform to the requirements of
26 section 102 of the Electronic Signatures in Global and National
27 Commerce Act (Public Law 106-229, 15 U.S.C. § 7002 et seq.) and
28 supersede, modify and limit the Electronic Signatures in Global
29 and National Commerce Act.
30 Section 20. Severability.
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1 If any provision of this act or its application to any person
2 or circumstance is held invalid, the invalidity shall not affect
3 other provisions or applications of this act which can be given
4 effect without the invalid provision or application, and to this
5 end the provisions of this act are severable.
6 Section 21. Effective date.
7 This act shall take effect in 60 days.
8 SECTION 1. PART II OF TITLE 5 OF THE PENNSYLVANIA <--
9 CONSOLIDATED STATUTES IS REPEALED.
10 SECTION 2. TITLE 5 IS AMENDED BY ADDING A PART TO READ:
11 PART II
12 ATHLETE AGENTS
13 SUBPART
14 A. GENERAL PROVISIONS
15 B. REGISTRATION OF ATHLETE AGENTS
16 SUBPART A
17 GENERAL PROVISIONS
18 CHAPTER
19 31. PRELIMINARY PROVISIONS
20 CHAPTER 31
21 PRELIMINARY PROVISIONS
22 SEC.
23 3101. SHORT TITLE OF PART.
24 3102. DEFINITIONS.
25 3103. ADMINISTRATION.
26 3104. SERVICE OF PROCESS.
27 3105. SUBPOENAS.
28 3106. RULES AND REGULATIONS.
29 § 3101. SHORT TITLE OF PART.
30 THIS PART SHALL BE KNOWN AND MAY BE CITED AS THE UNIFORM
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1 ATHLETE AGENTS ACT.
2 § 3102. DEFINITIONS.
3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS PART SHALL
4 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
5 CONTEXT CLEARLY INDICATES OTHERWISE:
6 "AGENCY CONTRACT." ANY CONTRACT OR AGREEMENT IN WHICH AN
7 INDIVIDUAL OR A STUDENT ATHLETE AUTHORIZES OR EMPOWERS A PERSON
8 TO NEGOTIATE OR SOLICIT ON BEHALF OF THE INDIVIDUAL OR THE
9 STUDENT ATHLETE ONE OR MORE PROFESSIONAL SPORTS SERVICES
10 CONTRACTS.
11 "ATHLETE AGENT." A PERSON WHO ENTERS INTO AN AGENCY CONTRACT
12 WITH AN INDIVIDUAL OR A STUDENT ATHLETE OR DIRECTLY OR
13 INDIRECTLY RECRUITS OR SOLICITS AN INDIVIDUAL OR A STUDENT
14 ATHLETE TO ENTER INTO AN AGENCY CONTRACT. THE TERM DOES NOT
15 INCLUDE A SPOUSE, PARENT, SIBLING, SON, DAUGHTER OR GRANDPARENT
16 OF THE INDIVIDUAL OR STUDENT ATHLETE, AN INDIVIDUAL ACTING
17 SOLELY ON BEHALF OF A PROFESSIONAL SPORTS TEAM OR A COACH,
18 TRAINER OR OTHER EMPLOYEE OF A SECONDARY OR POSTSECONDARY SCHOOL
19 WHO IS ACTING ON BEHALF OF A STUDENT ATHLETE OF THE SAME
20 SECONDARY OR POSTSECONDARY SCHOOL, PROVIDED THAT SUCH ACTIVITIES
21 ARE WITHIN THE SCOPE OF EMPLOYMENT OF THE COACH, TRAINER OR
22 OTHER EMPLOYEE. THE TERM INCLUDES A PERSON WHO REPRESENTS TO THE
23 PUBLIC THAT THE PERSON IS AN ATHLETE AGENT.
24 "ATHLETIC DIRECTOR." AN INDIVIDUAL RESPONSIBLE FOR
25 ADMINISTERING THE OVERALL ATHLETIC PROGRAM OF AN EDUCATIONAL
26 INSTITUTION OR, IF AN EDUCATIONAL INSTITUTION HAS SEPARATELY
27 ADMINISTERED ATHLETIC PROGRAMS FOR MALE STUDENTS AND FEMALE
28 STUDENTS, THE ATHLETIC PROGRAM FOR MALES OR THE ATHLETIC PROGRAM
29 FOR FEMALES.
30 "COMMISSION." THE STATE ATHLETIC COMMISSION.
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1 "CONTACT." A COMMUNICATION, DIRECT OR INDIRECT, BETWEEN AN
2 ATHLETE AGENT AND AN INDIVIDUAL OR A STUDENT ATHLETE TO RECRUIT
3 OR SOLICIT THE INDIVIDUAL OR STUDENT ATHLETE TO ENTER INTO AN
4 AGENCY CONTRACT, INCLUDING BY TELEPHONIC, FACSIMILE OR OTHER
5 ELECTRONIC METHOD, MAIL, ELECTRONIC MAIL OR PERSONAL MEANS.
6 "CONVICTION." A FINDING OF GUILT BY A JUDGE, JURY, A PLEA OF
7 GUILTY OR A PLEA OF NOLO CONTENDERE.
8 "DEPARTMENT." THE DEPARTMENT OF STATE OF THE COMMONWEALTH.
9 "INSTITUTION OF HIGHER EDUCATION." A PUBLIC OR PRIVATE
10 COLLEGE OR UNIVERSITY, INCLUDING A COMMUNITY COLLEGE.
11 "INTERCOLLEGIATE SPORT." A SPORT PLAYED AT THE COLLEGIATE
12 LEVEL FOR WHICH ELIGIBILITY REQUIREMENTS FOR PARTICIPATION BY A
13 STUDENT ATHLETE ARE ESTABLISHED BY A NATIONAL ASSOCIATION FOR
14 THE PROMOTION OR REGULATION OF COLLEGIATE ATHLETICS.
15 "PERSON." AN INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED
16 LIABILITY COMPANY, ASSOCIATION, JOINT VENTURE, PUBLIC
17 CORPORATION OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
18 "PROFESSIONAL SPORTS SERVICES CONTRACT." A CONTRACT OR
19 AGREEMENT UNDER WHICH AN INDIVIDUAL IS EMPLOYED OR AGREES TO
20 RENDER SERVICES AS A PLAYER ON A PROFESSIONAL SPORTS TEAM, WITH
21 A PROFESSIONAL SPORTS ORGANIZATION OR AS A PROFESSIONAL ATHLETE.
22 "RECORD." INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
23 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS
24 RETRIEVABLE IN PERCEIVABLE FORM.
25 "REGISTRATION." REGISTRATION AS AN ATHLETE AGENT PURSUANT TO
26 CHAPTER 33 (RELATING TO REGISTRATION).
27 "STATE." A STATE OF THE UNITED STATES, THE DISTRICT OF
28 COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS OR ANY
29 TERRITORY OR INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF
30 THE UNITED STATES.
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1 "STUDENT ATHLETE." AN INDIVIDUAL WHO ENGAGES IN, IS ELIGIBLE
2 TO ENGAGE IN OR MAY BE ELIGIBLE IN THE FUTURE TO ENGAGE IN ANY
3 INTERCOLLEGIATE SPORT. IF AN INDIVIDUAL IS PERMANENTLY
4 INELIGIBLE TO PARTICIPATE IN A PARTICULAR INTERCOLLEGIATE SPORT,
5 THE INDIVIDUAL IS NOT A STUDENT ATHLETE FOR PURPOSES OF THAT
6 SPORT.
7 § 3103. ADMINISTRATION.
8 THE COMMISSION SHALL ADMINISTER THIS PART.
9 § 3104. SERVICE OF PROCESS.
10 BY ENGAGING IN THE BUSINESS OF AN ATHLETE AGENT IN THIS
11 COMMONWEALTH, A NONRESIDENT INDIVIDUAL APPOINTS THE SECRETARY OF
12 THE COMMONWEALTH AS THE INDIVIDUAL'S AGENT TO ACCEPT SERVICE OF
13 PROCESS IN ANY CIVIL ACTION RELATED TO THE INDIVIDUAL'S BUSINESS
14 AS AN ATHLETE AGENT IN THIS COMMONWEALTH.
15 § 3105. SUBPOENAS.
16 THE COMMISSION MAY ISSUE SUBPOENAS FOR ANY RELEVANT MATERIAL
17 UNDER THIS PART.
18 § 3106. RULES AND REGULATIONS.
19 THE COMMISSION SHALL HAVE THE POWER AND DUTY TO ADOPT AND
20 REVISE REGULATIONS IN ACCORDANCE WITH THE ACT OF JUNE 25, 1982
21 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT, AS ARE
22 REASONABLY NECESSARY TO ADMINISTER AND EFFECTUATE THE PURPOSES
23 OF THIS PART.
24 SUBPART B
25 REGISTRATION OF ATHLETE AGENTS
26 CHAPTER 33
27 REGISTRATION
28 SEC.
29 3301. ATHLETE AGENT REGISTRATION.
30 3302. APPLICATION FOR REGISTRATION.
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1 3303. ISSUANCE OF REGISTRATION.
2 3304. DENIAL OF REGISTRATION.
3 3305. RENEWAL OF REGISTRATION.
4 3306. PERIOD OF REGISTRATION.
5 3307. SUSPENSION, REVOCATION, RESTRICTION OR REFUSAL TO RENEW
6 REGISTRATION.
7 3308. FEES.
8 3309. FORM OF CONTRACT FOR STUDENT ATHLETES.
9 3310. NOTICE TO EDUCATIONAL INSTITUTION.
10 3311. STUDENT ATHLETE'S RIGHT TO CANCEL.
11 3312. REQUIRED RECORDS.
12 3313. PROHIBITED ACTS.
13 3314. CIVIL REMEDIES.
14 3315. ADMINISTRATIVE PENALTY.
15 3316. BONDING REQUIREMENTS.
16 3317. EXEMPTION FROM REGISTRATION AND BONDING REQUIREMENT.
17 3318. DISPOSITION OF COMMISSION RECEIPTS.
18 3319. RECORDS.
19 3320. TRANSFERABILITY OF REGISTRATION.
20 § 3301. ATHLETE AGENT REGISTRATION.
21 (A) CERTIFICATE OF REGISTRATION REQUIRED.--EXCEPT AS
22 OTHERWISE PROVIDED IN SUBSECTION (B), A PERSON SHALL NOT
23 DIRECTLY OR INDIRECTLY SERVE OR OFFER TO SERVE AS AN ATHLETE
24 AGENT IN THIS COMMONWEALTH BEFORE BEING ISSUED A CERTIFICATE OF
25 REGISTRATION UNDER SECTION 3303 (RELATING TO ISSUANCE OF
26 REGISTRATION). AN OUT-OF-STATE AGENT MUST REGISTER IF THE AGENT
27 THROUGH DIRECT OR INDIRECT CONTACT RECRUITS OR SOLICITS AN
28 INDIVIDUAL OR STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT
29 OR WHO PROCURES, OFFERS, PROMISES OR ATTEMPTS TO OBTAIN
30 EMPLOYMENT FOR AN INDIVIDUAL OR STUDENT ATHLETE WITH A
20020H2411B4509 - 20 -
1 PENNSYLVANIA PROFESSIONAL SPORTS TEAM AS A PROFESSIONAL ATHLETE
2 IN THIS COMMONWEALTH WHERE ANY ONE OR MORE OF THE FOLLOWING
3 CONDITIONS APPLY:
4 (1) THE ATHLETE AGENT IS A RESIDENT OF THIS
5 COMMONWEALTH.
6 (2) THE ATHLETE IS A RESIDENT OF THIS COMMONWEALTH OR IS
7 ATTENDING AN INSTITUTION OF HIGHER EDUCATION IN THIS
8 COMMONWEALTH.
9 (3) THE PROFESSIONAL SPORTS TEAM HAS ITS HOME FIELD OR
10 ITS CORPORATE HEADQUARTERS IN THIS COMMONWEALTH.
11 (B) EXCEPTION.--AN UNREGISTERED OUT-OF-STATE AGENT OR PERSON
12 MAY ACT AS AN ATHLETE AGENT IN THIS COMMONWEALTH BEFORE BEING
13 ISSUED A CERTIFICATE OF REGISTRATION FOR ALL PURPOSES EXCEPT
14 SIGNING AN AGENCY CONTRACT IF THE FOLLOWING CONDITIONS ARE MET:
15 (1) A STUDENT ATHLETE OR ANOTHER ACTING ON BEHALF OF THE
16 STUDENT ATHLETE INITIATES CONTACT WITH THE PERSON.
17 (2) WITHIN SEVEN DAYS AFTER AN INITIAL ACT AS AN ATHLETE
18 AGENT, THE PERSON SUBMITS AN APPLICATION TO REGISTER AS AN
19 ATHLETE AGENT IN THIS COMMONWEALTH.
20 (3) THE UNREGISTERED OUT-OF-STATE AGENT OR PERSON HAS
21 NEVER HAD REGISTRATION ISSUED UNDER THIS CHAPTER OR A
22 PREDECESSOR STATUTE REVOKED BY THE COMMISSION.
23 (C) CERTAIN CONTRACTS VOID.--AN AGENCY CONTRACT RESULTING
24 FROM CONDUCT IN VIOLATION OF THIS SECTION IS VOID. THE ATHLETE
25 AGENT SHALL RETURN ANY CONSIDERATION RECEIVED UNDER THE
26 CONTRACT.
27 § 3302. APPLICATION FOR REGISTRATION.
28 (A) PROCEDURE.--AN APPLICANT FOR REGISTRATION SHALL SUBMIT
29 AN APPLICATION FOR REGISTRATION TO THE COMMISSION IN WRITING ON
30 A FORM SUPPLIED BY THE COMMISSION AND APPROVED BY THE
20020H2411B4509 - 21 -
1 DEPARTMENT. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (B), THE
2 APPLICATION MUST BE IN THE NAME OF AN INDIVIDUAL AND BE VERIFIED
3 BY THE APPLICANT AND MUST STATE, CONTAIN OR BE ACCOMPANIED BY:
4 (1) THE INFORMATION REQUIRED BY THIS CHAPTER AND SUCH
5 OTHER INFORMATION AS THE COMMISSION MAY REASONABLY REQUIRE.
6 (2) A PROCESSING FEE OF $100.
7 (3) THE NAME OF THE APPLICANT AND THE ADDRESS OF THE
8 APPLICANT'S PRINCIPAL PLACE OF BUSINESS.
9 (4) THE NAME OF THE APPLICANT'S BUSINESS OR EMPLOYER, IF
10 APPLICABLE.
11 (5) ANY BUSINESS OR OCCUPATION ENGAGED IN BY THE
12 APPLICANT FOR THE FIVE YEARS NEXT PRECEDING THE DATE OF
13 SUBMISSION OF THE APPLICATION.
14 (6) A DESCRIPTION OF THE APPLICANT'S:
15 (I) FORMAL TRAINING AS AN ATHLETE AGENT.
16 (II) PRACTICAL EXPERIENCE AS AN ATHLETE AGENT.
17 (III) EDUCATIONAL BACKGROUND RELATING TO THE
18 APPLICANT'S ACTIVITIES AS AN ATHLETE AGENT.
19 (7) THE NAMES AND ADDRESSES OF THREE INDIVIDUALS NOT
20 RELATED TO THE APPLICANT WHO ARE WILLING TO SERVE AS
21 REFERENCES.
22 (8) THE NAME, SPORT AND LAST KNOWN TEAM FOR EACH
23 INDIVIDUAL FOR WHOM THE APPLICANT PROVIDED SERVICES AS AN
24 ATHLETE AGENT DURING THE FIVE YEARS NEXT PRECEDING THE DATE
25 OF SUBMISSION OF THE APPLICATION.
26 (9) THE NAMES AND ADDRESSES OF ALL PERSONS WHO ARE:
27 (I) WITH RESPECT TO THE ATHLETE AGENT'S BUSINESS IF
28 IT IS NOT A CORPORATION, THE PARTNERS, OFFICERS,
29 ASSOCIATES OR PROFIT-SHARERS.
30 (II) WITH RESPECT TO A CORPORATION EMPLOYING THE
20020H2411B4509 - 22 -
1 ATHLETE AGENT, THE OFFICERS, DIRECTORS AND ANY
2 SHAREHOLDER OF THE CORPORATION WITH A 5% OR GREATER
3 INTEREST.
4 (10) WHETHER THE APPLICANT OR ANY OTHER PERSON NAMED
5 PURSUANT TO PARAGRAPH (9) HAS BEEN CONVICTED OF A CRIME THAT,
6 IF COMMITTED IN THIS COMMONWEALTH, WOULD BE A FELONY OR OTHER
7 CRIME INVOLVING MORAL TURPITUDE, AND IDENTIFY THE CRIME.
8 (11) WHETHER THERE HAS BEEN ANY ADMINISTRATIVE OR
9 JUDICIAL DETERMINATION THAT THE APPLICANT OR ANY OTHER PERSON
10 NAMED PURSUANT TO PARAGRAPH (9) HAS MADE A FALSE, MISLEADING,
11 DECEPTIVE OR FRAUDULENT REPRESENTATION.
12 (12) ANY INSTANCE IN WHICH THE CONDUCT OF THE APPLICANT
13 OR ANY OTHER PERSON NAMED PURSUANT TO PARAGRAPH (9) RESULTED
14 IN THE IMPOSITION OF A SANCTION, SUSPENSION OR DECLARATION OF
15 INELIGIBILITY TO PARTICIPATE IN AN INTERSCHOLASTIC OR
16 INTERCOLLEGIATE ATHLETIC EVENT ON A STUDENT ATHLETE OR
17 EDUCATIONAL INSTITUTION.
18 (13) ANY SANCTION, SUSPENSION OR DISCIPLINARY ACTION
19 TAKEN AGAINST THE APPLICANT OR ANY OTHER PERSON NAMED
20 PURSUANT TO PARAGRAPH (9) ARISING OUT OF OCCUPATIONAL OR
21 PROFESSIONAL CONDUCT.
22 (14) WHETHER THERE HAS BEEN ANY DENIAL OF AN APPLICATION
23 FOR, SUSPENSION OR REVOCATION OF OR REFUSAL TO RENEW THE
24 REGISTRATION OR LICENSURE OF THE APPLICANT OR ANY OTHER
25 PERSON NAMED PURSUANT TO PARAGRAPH (9) AS AN ATHLETE AGENT IN
26 ANY STATE.
27 (B) OUT-OF-STATE AGENTS.--A PERSON WHO HAS SUBMITTED AN
28 APPLICATION FOR AND RECEIVED A CERTIFICATE OF REGISTRATION OR
29 LICENSURE AS AN ATHLETE AGENT IN ANOTHER STATE MAY SUBMIT A COPY
30 OF THE APPLICATION AND A VALID CERTIFICATE OF REGISTRATION OR
20020H2411B4509 - 23 -
1 LICENSURE FROM THE OTHER STATE IN LIEU OF SUBMITTING AN
2 APPLICATION IN THE FORM PRESCRIBED PURSUANT TO SUBSECTION (A).
3 THE COMMISSION SHALL ACCEPT THE APPLICATION AND THE CERTIFICATE
4 FROM THE OTHER STATE AS AN APPLICATION FOR REGISTRATION IN THIS
5 COMMONWEALTH IF THE APPLICATION TO THE OTHER STATE:
6 (1) WAS SUBMITTED IN THE OTHER STATE WITHIN THE SIX
7 MONTHS NEXT PRECEDING THE SUBMISSION OF THE APPLICATION IN
8 THIS COMMONWEALTH AND THE APPLICANT CERTIFIES THE INFORMATION
9 CONTAINED IN THE APPLICATION IS CURRENT.
10 (2) CONTAINS INFORMATION SUBSTANTIALLY SIMILAR TO OR
11 MORE COMPREHENSIVE THAN THAT REQUIRED IN AN APPLICATION
12 SUBMITTED IN THIS COMMONWEALTH.
13 (3) WAS SIGNED BY THE APPLICANT.
14 (4) THE UNREGISTERED OUT-OF-STATE AGENT HAS NEVER HAD
15 REGISTRATION ISSUED UNDER THIS CHAPTER OR A PREDECESSOR
16 STATUTE REVOKED BY THE COMMISSION.
17 (C) CRIMINAL BACKGROUND CHECK.--EVERY APPLICANT SHALL
18 COMPLETE AN APPLICATION OR PROCESS AS MAY BE NECESSARY TO
19 REQUEST THE PENNSYLVANIA STATE POLICE TO PROVIDE A COPY OF THE
20 APPLICANT'S CRIMINAL HISTORY RECORD TO THE COMMISSION.
21 § 3303. ISSUANCE OF REGISTRATION.
22 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3304 (RELATING TO
23 DENIAL OF REGISTRATION), THE COMMISSION SHALL ISSUE A
24 CERTIFICATE OF REGISTRATION TO A PERSON.
25 (1) WHO COMPLIES WITH SECTION 3302(A) AND (C) (RELATING
26 TO APPLICATION FOR REGISTRATION).
27 (2) WHOSE APPLICATION HAS BEEN ACCEPTED UNDER SECTION
28 3302(B).
29 (3) WHO IS 21 YEARS OF AGE OR OLDER.
30 (4) WHO POSSESSES GOOD MORAL CHARACTER.
20020H2411B4509 - 24 -
1 (5) WHO NEITHER AT THE TIME OF APPLICATION NOR WITHIN
2 TEN YEARS PRIOR TO THE TIME OF APPLICATION HAS BEEN FINALLY
3 FOUND TO HAVE PARTICIPATED IN ANY CONDUCT THAT LED TO THE
4 IMPOSITION OF SANCTIONS AGAINST AN INDIVIDUAL OR STUDENT
5 ATHLETE, INSTITUTION OF HIGHER EDUCATION OR PROFESSIONAL
6 SPORTS TEAM BY ANY ASSOCIATION OR ORGANIZATION THAT
7 ESTABLISHES RULES FOR THE CONDUCT OF AMATEUR OR PROFESSIONAL
8 SPORTS.
9 § 3304. DENIAL OF REGISTRATION.
10 (A) GROUNDS.--THE COMMISSION MAY REFUSE TO ISSUE A
11 CERTIFICATE OF REGISTRATION IF THE COMMISSION DETERMINES THAT
12 THE APPLICANT HAS ENGAGED IN CONDUCT THAT HAS A SIGNIFICANT
13 ADVERSE EFFECT ON THE APPLICANT'S FITNESS TO SERVE AS AN ATHLETE
14 AGENT. IN MAKING THE DETERMINATION, THE COMMISSION MAY CONSIDER
15 WHETHER THE APPLICANT HAS:
16 (1) MADE A MATERIALLY FALSE, MISLEADING, DECEPTIVE OR
17 FRAUDULENT REPRESENTATION AS AN ATHLETE AGENT OR IN THE
18 APPLICATION.
19 (2) ENGAGED IN CONDUCT THAT WOULD DISQUALIFY THE
20 APPLICANT FROM SERVING IN A FIDUCIARY CAPACITY.
21 (3) ENGAGED IN CONDUCT PROHIBITED BY SECTION 3313
22 (RELATING TO PROHIBITED ACTS).
23 (4) HAD A REGISTRATION OR LICENSURE AS AN ATHLETE AGENT
24 SUSPENDED, REVOKED OR DENIED OR BEEN REFUSED RENEWAL OF
25 REGISTRATION OR LICENSURE IN ANY STATE.
26 (5) ENGAGED IN CONDUCT THAT SIGNIFICANTLY ADVERSELY
27 REFLECTS ON THE APPLICANT'S CREDIBILITY, HONESTY OR
28 INTEGRITY.
29 (B) ADDITIONAL CONSIDERATIONS.--IN MAKING A DETERMINATION
30 UNDER SUBSECTION (A), THE COMMISSION SHALL CONSIDER:
20020H2411B4509 - 25 -
1 (1) HOW RECENTLY THE CONDUCT OCCURRED.
2 (2) THE NATURE OF THE CONDUCT AND THE CONTEXT IN WHICH
3 IT OCCURRED.
4 (3) ANY OTHER RELEVANT CONDUCT OF THE APPLICANT.
5 (C) ISSUANCE OF REGISTRATION PROHIBITED.--THE COMMISSION
6 SHALL NOT ISSUE ATHLETE AGENT REGISTRATION TO OR RENEW THE
7 ATHLETE AGENT REGISTRATION OF A PERSON WHO HAS BEEN CONVICTED OF
8 ANY OF THE FOLLOWING OFFENSES, OR ANY COMPARABLE OFFENSE IN
9 ANOTHER JURISDICTION, WITHIN TEN YEARS OF THE DATE OF
10 APPLICATION:
11 (1) AN OFFENSE UNDER THE ACT OF APRIL 14, 1972 (P.L.233,
12 NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
13 COSMETIC ACT.
14 (2) AN OFFENSE UNDER THE FOLLOWING PROVISIONS OF 18
15 PA.C.S. (RELATING TO CRIMES AND OFFENSES):
16 SECTION 902 (RELATING TO CRIMINAL SOLICITATION).
17 SECTION 908 (RELATING TO PROHIBITED OFFENSIVE
18 WEAPONS).
19 SECTION 2502 (RELATING TO MURDER).
20 SECTION 2901 (RELATING TO KIDNAPPING).
21 SECTION 3121 (RELATING TO RAPE).
22 SECTION 3126 (RELATING TO INDECENT ASSAULT).
23 SECTION 3923 (RELATING TO THEFT BY EXTORTION).
24 SECTION 4109 (RELATING TO RIGGING PUBLICLY EXHIBITED
25 CONTEST).
26 SECTION 4302 (RELATING TO INCEST).
27 SECTION 4304 (RELATING TO ENDANGERING WELFARE OF
28 CHILDREN).
29 SECTION 4305 (RELATING TO DEALING IN INFANT
30 CHILDREN).
20020H2411B4509 - 26 -
1 SECTION 4701 (RELATING TO BRIBERY IN OFFICIAL AND
2 POLITICAL MATTERS).
3 SECTION 4902 (RELATING TO PERJURY).
4 SECTION 5501 (RELATING TO RIOT).
5 SECTION 5504 (RELATING TO HARASSMENT AND STALKING BY
6 COMMUNICATION OR ADDRESS).
7 SECTION 5512 (RELATING TO LOTTERIES, ETC.).
8 SECTION 5513 (RELATING TO GAMBLING DEVICES, GAMBLING,
9 ETC).
10 SECTION 5514 (RELATING TO POOL SELLING AND
11 BOOKMAKING).
12 SECTION 5901 (RELATING TO OPEN LEWDNESS).
13 SECTION 5902 (RELATING TO PROSTITUTION AND RELATED
14 OFFENSES).
15 SECTION 5903 (RELATING TO OBSCENE AND OTHER SEXUAL
16 MATERIALS AND PERFORMANCES).
17 SECTION 5904 (RELATING TO PUBLIC EXHIBITION OF INSANE
18 OR DEFORMED PERSON).
19 SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
20 SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).
21 SECTION 7107 (RELATING TO UNLAWFUL ACTIONS BY ATHLETE
22 AGENTS).
23 (3) THE COMMISSION SHALL NOT ISSUE REGISTRATION TO ANY
24 PERSON WHO HAS BEEN FOUND BY THE COMMISSION TO HAVE ENGAGED
25 IN THE ACTIVITIES OF AN ATHLETE AGENT IN THIS COMMONWEALTH
26 WITHOUT ACQUIRING REGISTRATION AS REQUIRED BY THIS CHAPTER
27 WITHIN 12 MONTHS PRIOR TO THE DATE OF APPLICATION.
28 § 3305. RENEWAL OF REGISTRATION.
29 (A) PROCEDURE.--AN ATHLETE AGENT MAY APPLY TO RENEW A
30 REGISTRATION BY SUBMITTING AN APPLICATION FOR RENEWAL IN WRITING
20020H2411B4509 - 27 -
1 ON A FORM SUPPLIED BY THE COMMISSION AND APPROVED BY THE
2 DEPARTMENT. THE APPLICATION FOR RENEWAL MUST BE IN THE NAME OF
3 AN INDIVIDUAL AND BE VERIFIED BY THE APPLICANT AND MUST STATE,
4 CONTAIN OR BE ACCOMPANIED BY:
5 (1) CURRENT INFORMATION ON ALL MATTERS REQUIRED IN AN
6 ORIGINAL REGISTRATION.
7 (2) SUCH OTHER INFORMATION AS THE COMMISSION MAY
8 REASONABLY REQUIRE.
9 (3) A PROCESSING FEE OF $100.
10 (B) OUT-OF-STATE AGENTS.--AN INDIVIDUAL WHO HAS SUBMITTED AN
11 APPLICATION FOR RENEWAL OF REGISTRATION OR LICENSURE IN ANOTHER
12 STATE, IN LIEU OF SUBMITTING AN APPLICATION FOR RENEWAL IN THE
13 FORM PRESCRIBED UNDER SUBSECTION (A), MAY FILE A COPY OF THE
14 APPLICATION FOR RENEWAL AND A VALID CERTIFICATE OF REGISTRATION
15 FROM THE OTHER STATE. THE COMMISSION SHALL ACCEPT THE
16 APPLICATION FOR RENEWAL FROM THE OTHER STATE AS AN APPLICATION
17 FOR RENEWAL IN THIS COMMONWEALTH IF THE APPLICATION TO THE OTHER
18 STATE:
19 (1) WAS SUBMITTED TO THE OTHER STATE WITHIN THE LAST SIX
20 MONTHS AND THE APPLICANT CERTIFIES THE INFORMATION CONTAINED
21 IN THE APPLICATION FOR RENEWAL IS CURRENT.
22 (2) CONTAINS INFORMATION SUBSTANTIALLY SIMILAR TO OR
23 MORE COMPREHENSIVE THAN THAT REQUIRED IN AN APPLICATION FOR
24 RENEWAL SUBMITTED IN THIS COMMONWEALTH.
25 (3) WAS VERIFIED BY THE APPLICANT.
26 (4) THE UNREGISTERED OUT-OF-STATE AGENT HAS NEVER HAS
27 REGISTRATION ISSUED UNDER THIS CHAPTER OR A PREDECESSOR
28 STATUTE REVOKED BY THE COMMISSION.
29 § 3306. PERIOD OF REGISTRATION.
30 A CERTIFICATE OF REGISTRATION OR A RENEWAL OF A REGISTRATION
20020H2411B4509 - 28 -
1 IS VALID FOR TWO YEARS.
2 § 3307. SUSPENSION, REVOCATION, RESTRICTION OR REFUSAL TO RENEW
3 REGISTRATION.
4 (A) INVESTIGATION.--THE COMMISSION OR ITS DESIGNEE MAY
5 REVIEW THE OPERATIONS OF ALL REGISTERED ATHLETE AGENTS AND SHALL
6 PREPARE A WRITTEN REPORT FOR REVIEW BY THE COMMISSION.
7 (B) CEASE AND DESIST ORDER.--THE COMMISSION MAY ISSUE AN
8 IMMEDIATE CEASE AND DESIST ORDER AGAINST AN ATHLETE AGENT WHO
9 HAS BEEN FOUND PRELIMINARILY BY THE COMMISSION TO HAVE COMMITTED
10 A VIOLATION OF 18 PA.C.S. § 7107 (RELATING TO UNLAWFUL ACTIONS
11 BY ATHLETE AGENTS) OR A VIOLATION OF THIS CHAPTER. WITHIN 20
12 DAYS OF ISSUANCE OF THE CEASE AND DESIST ORDER, THE COMMISSION
13 SHALL CONDUCT A HEARING TO DETERMINE WHETHER THE CEASE AND
14 DESIST ORDER SHOULD BE DISSOLVED OR MADE PERMANENT.
15 (C) REGISTRATION SUSPENSION, REVOCATION, RESTRICTION OR
16 REFUSAL TO RENEW.--THE COMMISSION MAY SUSPEND, REVOKE, RESTRICT
17 OR OTHERWISE LIMIT REGISTRATION OR REFUSE TO RENEW A
18 REGISTRATION FOR CONDUCT THAT WOULD HAVE JUSTIFIED DENIAL OF
19 REGISTRATION UNDER SECTION 3304(A) (RELATING TO DENIAL OF
20 REGISTRATION).
21 (D) NOTICE AND HEARING.--THE COMMISSION MAY DENY, SUSPEND,
22 REVOKE, RESTRICT OR OTHERWISE LIMIT REGISTRATION OR REFUSE TO
23 RENEW A REGISTRATION ONLY AFTER PROPER NOTICE AND AN OPPORTUNITY
24 FOR A HEARING IN ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. A
25 (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES).
26 (E) RECIPROCAL DISCIPLINARY OR CORRECTIVE ACTION.--THE
27 COMMISSION MAY DENY, SUSPEND, REVOKE, RESTRICT OR OTHERWISE
28 LIMIT REGISTRATION OR REFUSE TO RENEW A REGISTRATION OF AN
29 ATHLETE AGENT ON THE BASIS OF A DISCIPLINARY OR CORRECTIVE
30 ACTION HAVING BEEN TAKEN AGAINST THE ATHLETE AGENT IN ANOTHER
20020H2411B4509 - 29 -
1 STATE, TERRITORY, POSSESSION OR COUNTRY, A BRANCH OF THE FEDERAL
2 GOVERNMENT OR BY AN ATHLETIC ASSOCIATION.
3 § 3308. FEES.
4 (A) AMOUNTS.--AN APPLICATION FOR REGISTRATION OR RENEWAL OF
5 REGISTRATION MUST BE ACCOMPANIED BY A FEE IN THE FOLLOWING
6 AMOUNT:
7 (1) $200 FOR AN INITIAL APPLICATION FOR REGISTRATION FOR
8 AN INDIVIDUAL OR SOLE PROPRIETOR AND $400 FOR A PARTNERSHIP,
9 ASSOCIATION, CORPORATION OR OTHER LEGAL ENTITY.
10 (2) $150 FOR AN APPLICATION FOR REGISTRATION BASED UPON
11 A CERTIFICATE OF REGISTRATION OR LICENSURE ISSUED BY ANOTHER
12 STATE FOR AN INDIVIDUAL OR SOLE PROPRIETOR AND $300 FOR A
13 PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER LEGAL ENTITY.
14 (3) $200 FOR AN APPLICATION FOR RENEWAL OF REGISTRATION
15 FOR AN INDIVIDUAL OR SOLE PROPRIETOR AND $400 FOR A
16 PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER LEGAL ENTITY.
17 (4) $150 FOR AN APPLICATION FOR RENEWAL OF REGISTRATION
18 BASED UPON AN APPLICATION FOR RENEWAL OF REGISTRATION OR
19 LICENSURE SUBMITTED IN ANOTHER STATE FOR AN INDIVIDUAL OR
20 SOLE PROPRIETOR AND $400 FOR A PARTNERSHIP, ASSOCIATION,
21 CORPORATION OR OTHER LEGAL ENTITY.
22 (B) FEE INCREASE.--IF THE REVENUES RAISED BY FEES, FINES AND
23 CIVIL PENALTIES IMPOSED IN ACCORDANCE WITH THIS CHAPTER ARE NOT
24 SUFFICIENT TO MATCH THE EXPENDITURES NECESSARY TO CARRY OUT THE
25 PROVISIONS OF THIS CHAPTER, THE COMMISSION SHALL INCREASE THOSE
26 FEES BY REGULATION SO THAT THE REVENUES MATCH THE EXPENDITURES.
27 § 3309. FORM OF CONTRACT FOR STUDENT ATHLETES.
28 (A) FORM GENERALLY.--AN AGENCY CONTRACT MUST BE IN A RECORD
29 AND SIGNED BY THE PARTIES.
30 (B) CONTENTS.--AN AGENCY CONTRACT MUST STATE OR CONTAIN:
20020H2411B4509 - 30 -
1 (1) THE AMOUNT AND METHOD OF CALCULATING THE
2 CONSIDERATION TO BE PAID BY THE STUDENT ATHLETE FOR SERVICES
3 TO BE PROVIDED BY THE ATHLETE AGENT UNDER THE CONTRACT AND
4 ANY OTHER CONSIDERATION THE ATHLETE AGENT HAS RECEIVED OR
5 WILL RECEIVE FROM ANY OTHER SOURCE FOR ENTERING INTO THE
6 CONTRACT OR FOR PROVIDING THE SERVICES.
7 (2) THE NAME OF ANY PERSON NOT LISTED IN THE APPLICATION
8 FOR REGISTRATION OR RENEWAL WHO WILL BE COMPENSATED BECAUSE
9 THE STUDENT ATHLETE SIGNED THE AGENCY CONTRACT.
10 (3) A DESCRIPTION OF ANY EXPENSES THAT THE STUDENT
11 ATHLETE AGREES TO REIMBURSE.
12 (4) A DESCRIPTION OF THE SERVICES TO BE PROVIDED TO THE
13 ATHLETE STUDENT.
14 (5) THE DURATION OF THE CONTRACT.
15 (6) THE DATE OF EXECUTION.
16 (C) NOTICE.--AN AGENCY CONTRACT MUST CONTAIN IN CLOSE
17 PROXIMITY TO THE SIGNATURE OF THE STUDENT ATHLETE A CONSPICUOUS
18 NOTICE IN BOLDFACE TYPE IN CAPITAL LETTERS STATING:
19 WARNING TO STUDENT ATHLETE
20 IF YOU SIGN THIS CONTRACT:
21 (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A
22 STUDENT ATHLETE IN YOUR SPORT.
23 (2) BOTH YOU AND YOUR ATHLETE AGENT ARE REQUIRED TO TELL
24 YOUR ATHLETIC DIRECTOR, IF YOU HAVE AN ATHLETIC DIRECTOR, AND
25 THE COMMISSION WITHIN 72 HOURS AFTER ENTERING INTO AN AGENCY
26 CONTRACT.
27 (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER
28 SIGNING IT. CANCELLATION OF THE CONTRACT MAY NOT REINSTATE
29 YOUR ELIGIBILITY.
30 (D) CONTRACTS NOT IN CONFORMITY.--AN AGENCY CONTRACT THAT
20020H2411B4509 - 31 -
1 DOES NOT CONFORM TO THIS SECTION IS VOIDABLE BY THE STUDENT
2 ATHLETE.
3 (E) CONTRACT COPY TO STUDENT ATHLETE.--THE ATHLETE AGENT
4 SHALL GIVE A COPY OF THE SIGNED AGENCY CONTRACT TO THE STUDENT
5 ATHLETE AT THE TIME OF SIGNING.
6 § 3310. NOTICE TO EDUCATIONAL INSTITUTION.
7 WITHIN 72 HOURS AFTER ENTERING INTO AN AGENCY CONTRACT OR
8 BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH THE STUDENT
9 ATHLETE MAY PARTICIPATE, WHICHEVER OCCURS FIRST:
10 (1) THE ATHLETE AGENT SHALL GIVE NOTICE IN A RECORD OF
11 THE EXISTENCE OF THE CONTRACT TO THE ATHLETIC DIRECTOR OF THE
12 EDUCATIONAL INSTITUTION AT WHICH THE STUDENT ATHLETE IS
13 ENROLLED OR THE ATHLETE AGENT HAS REASONABLE GROUNDS TO
14 BELIEVE THE STUDENT ATHLETE INTENDS TO ENROLL AND TO THE
15 COMMISSION.
16 (2) THE STUDENT ATHLETE SHALL INFORM THE ATHLETIC
17 DIRECTOR OF THE EDUCATIONAL INSTITUTION AT WHICH THE STUDENT
18 ATHLETE IS ENROLLED THAT THE STUDENT ATHLETE HAS ENTERED INTO
19 AN AGENCY CONTRACT AND TO THE COMMISSION.
20 § 3311. STUDENT ATHLETE'S RIGHT TO CANCEL.
21 (A) PROCEDURE.--A STUDENT ATHLETE MAY CANCEL AN AGENCY
22 CONTRACT BY GIVING NOTICE IN A RECORD TO THE ATHLETE AGENT OF
23 THE CANCELLATION WITHIN 14 DAYS AFTER THE CONTRACT IS SIGNED.
24 (B) WAIVER NOT PERMITTED.--A STUDENT ATHLETE MAY NOT WAIVE
25 THE RIGHT TO CANCEL AN AGENCY CONTRACT.
26 (C) CONSIDERATION.--IF A STUDENT ATHLETE CANCELS AN AGENCY
27 CONTRACT, THE STUDENT ATHLETE IS NOT REQUIRED TO PAY ANY
28 CONSIDERATION UNDER THE CONTRACT OR TO RETURN ANY CONSIDERATION
29 RECEIVED FROM THE AGENT TO INDUCE THE STUDENT ATHLETE TO ENTER
30 INTO THE CONTRACT.
20020H2411B4509 - 32 -
1 § 3312. REQUIRED RECORDS.
2 (A) GENERAL RULE.--AN ATHLETE AGENT SHALL RETAIN THE
3 FOLLOWING RECORDS FOR A PERIOD OF FIVE YEARS:
4 (1) THE NAME AND ADDRESS OF EACH INDIVIDUAL REPRESENTED
5 BY THE ATHLETE AGENT.
6 (2) ANY AGENCY CONTRACT ENTERED INTO BY THE ATHLETE
7 AGENT.
8 (3) ANY DIRECT COSTS INCURRED BY THE ATHLETE AGENT IN
9 THE RECRUITMENT OR SOLICITATION OF A STUDENT ATHLETE.
10 (B) RECORDS OPEN TO INSPECTION.--RECORDS REQUIRED BY
11 SUBSECTION (A) TO BE RETAINED ARE OPEN TO INSPECTION BY THE
12 COMMISSION DURING NORMAL BUSINESS HOURS.
13 § 3313. PROHIBITED ACTS.
14 AN ATHLETE AGENT MAY NOT:
15 (1) INITIATE CONTACT WITH A STUDENT ATHLETE UNLESS
16 REGISTERED UNDER THIS PART.
17 (2) REFUSE OR WILLFULLY FAIL TO RETAIN OR PERMIT
18 INSPECTION OF THE RECORDS REQUIRED BY SECTION 3312 (RELATING
19 TO REQUIRED RECORDS).
20 (3) VIOLATE SECTION 3301 (RELATING TO ATHLETE AGENT
21 REGISTRATION) BY FAILING TO REGISTER.
22 (4) PROVIDE MATERIALLY FALSE OR MISLEADING INFORMATION
23 IN AN APPLICATION FOR REGISTRATION OR RENEWAL OF
24 REGISTRATION.
25 (5) PREDATE OR POSTDATE AN AGENCY CONTRACT.
26 (6) FAIL TO NOTIFY A STUDENT ATHLETE PRIOR TO THE
27 STUDENT ATHLETE'S SIGNING AN AGENCY CONTRACT FOR A PARTICULAR
28 SPORT THAT THE SIGNING BY THE STUDENT ATHLETE MAY MAKE THE
29 STUDENT ATHLETE INELIGIBLE TO PARTICIPATE AS A STUDENT
30 ATHLETE IN THAT SPORT.
20020H2411B4509 - 33 -
1 (7) ENTER INTO AN ORAL OR WRITTEN CONTRACT OR
2 PROFESSIONAL SPORT SERVICES CONTRACT WITH A STUDENT ATHLETE
3 BEFORE THE STUDENT ATHLETE'S ELIGIBILITY FOR COLLEGIATE
4 ATHLETICS HAS EXPIRED.
5 (8) BEFORE THE STUDENT ATHLETE'S ELIGIBILITY FOR
6 COLLEGIATE ATHLETICS HAS EXPIRED, GIVE, OFFER OR PROMISE
7 ANYTHING OF VALUE TO:
8 (I) A STUDENT ATHLETE;
9 (II) ANY MEMBER OF THE STUDENT ATHLETE'S IMMEDIATE
10 FAMILY; OR
11 (III) ANY INDIVIDUAL WHO SUBSTANTIALLY CONTRIBUTES
12 TO THE ECONOMIC SUPPORT OF THE STUDENT ATHLETE. FOR
13 PURPOSES OF THIS SUBPARAGRAPH, AN INDIVIDUAL SHALL BE
14 DEEMED TO HAVE SUBSTANTIALLY CONTRIBUTED TO THE ECONOMIC
15 SUPPORT OF A STUDENT ATHLETE IF THE INDIVIDUAL PROVIDES
16 25% OR MORE OF THE COST OF TUITION, ROOM AND BOARD AND
17 INCIDENTAL EXPENSES OF THE STUDENT ATHLETE'S EDUCATION OR
18 PROVIDES TO THE STUDENT ATHLETE AT MINIMAL OR NO COST
19 NONCOLLEGE-BASED LODGING OR MEALS OR TRANSPORTATION TO
20 AND FROM COLLEGE CLASSES.
21 (9) GIVE, OFFER OR PROMISE AN ORAL OR WRITTEN CONTRACT
22 WHICH WOULD REQUIRE THE ATHLETE AGENT TO GIVE, OFFER OR
23 PROMISE ANYTHING OF VALUE TO ANY EMPLOYEE OF AN INSTITUTION
24 OF HIGHER EDUCATION IN RETURN FOR A REFERRAL OF A STUDENT
25 ATHLETE BY THE EMPLOYEE.
26 (10) ENGAGE IN THE ACTIVITIES OF AN ATHLETE AGENT
27 WITHOUT A CURRENT VALID REGISTRATION.
28 (11) VIOLATE ANY PROVISION OF THIS PART OR REGULATION OF
29 THE COMMISSION.
30 § 3314. CIVIL REMEDIES.
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1 (A) RIGHT OF ACTION.--AN EDUCATIONAL INSTITUTION HAS A RIGHT
2 OF ACTION AGAINST AN ATHLETE AGENT OR A FORMER STUDENT ATHLETE
3 FOR DAMAGES CAUSED BY A VIOLATION OF THIS PART OR FOR A
4 VIOLATION OF 18 PA.C.S. § 7107 (RELATING TO UNLAWFUL ACTIONS BY
5 ATHLETE AGENTS). IN AN ACTION UNDER THIS SECTION, THE COURT MAY
6 AWARD TO THE PREVAILING PARTY COSTS AND REASONABLE ATTORNEY
7 FEES.
8 (B) DAMAGES.--DAMAGES OF AN EDUCATIONAL INSTITUTION UNDER
9 SUBSECTION (A) INCLUDE LOSSES AND EXPENSES INCURRED BECAUSE, AS
10 A RESULT OF THE ACTIVITIES OF AN ATHLETE AGENT OR FORMER STUDENT
11 ATHLETE, THE EDUCATIONAL INSTITUTION WAS INJURED BY A VIOLATION
12 OF THIS PART OR WAS PENALIZED, DISQUALIFIED OR SUSPENDED FROM
13 PARTICIPATION IN ATHLETICS BY A NATIONAL ASSOCIATION FOR THE
14 PROMOTION AND REGULATION OF ATHLETICS, BY AN ATHLETIC CONFERENCE
15 OR BY REASONABLE SELF-IMPOSED DISCIPLINARY ACTION TAKEN TO
16 MITIGATE SANCTIONS.
17 (C) ACCRUAL OF ACTION.--A RIGHT OF ACTION UNDER THIS SECTION
18 DOES NOT ACCRUE UNTIL THE EDUCATIONAL INSTITUTION DISCOVERS OR
19 BY THE EXERCISE OF REASONABLE DILIGENCE WOULD HAVE DISCOVERED
20 THE VIOLATION BY THE ATHLETE AGENT OR FORMER STUDENT ATHLETE.
21 (D) LIABILITY.--ANY LIABILITY OF THE ATHLETE AGENT OR THE
22 FORMER STUDENT ATHLETE UNDER THIS SECTION IS SEVERAL AND NOT
23 JOINT.
24 (E) OTHER RIGHTS AND REMEDIES.--THIS PART DOES NOT RESTRICT
25 RIGHTS, REMEDIES OR DEFENSES OF ANY PERSON UNDER LAW.
26 § 3315. ADMINISTRATIVE PENALTY.
27 (A) CIVIL PENALTY.--THE COMMISSION MAY ASSESS A CIVIL
28 PENALTY AGAINST AN ATHLETE AGENT NOT TO EXCEED $25,000 PER
29 VIOLATION OF THIS PART OR PER VIOLATION OF 18 PA.C.S. § 7107
30 (RELATING TO UNLAWFUL ACTIONS BY ATHLETE AGENTS).
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1 (B) INJUNCTIVE RELIEF.--THE COMMISSION MAY, IN THE NAME OF
2 THE PEOPLE OF THIS COMMONWEALTH, THROUGH THE OFFICE OF ATTORNEY
3 GENERAL, APPLY FOR INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT
4 JURISDICTION TO ENJOIN ANY PERSON FROM COMMITTING ANY ACT IN
5 VIOLATION OF THIS CHAPTER. INJUNCTIVE RELIEF SHALL BE IN
6 ADDITION TO AND NOT IN LIEU OF ALL PENALTIES AND OTHER REMEDIES
7 IN THIS CHAPTER.
8 § 3316. BONDING REQUIREMENTS.
9 (A) AMOUNT.--BEFORE ANY ATHLETE AGENT REGISTRATION IS
10 ISSUED, THE APPLICANT SHALL BE REQUIRED TO EXECUTE AND FILE A
11 SURETY BOND WITH THE COMMISSION IN SUCH REASONABLE AMOUNT, BUT
12 NOT LESS THAN $20,000, AS THE COMMISSION SHALL REQUIRE.
13 (B) BOND FORMS.--ALL BONDS SHALL BE UPON FORMS SUPPLIED BY
14 THE COMMISSION AND WHICH HAVE BEEN APPROVED BY THE DEPARTMENT.
15 ALL BONDS SHALL BE ACCOMPANIED BY A $25 FILING FEE.
16 (C) CONDITIONS OF BOND.--THE SURETY BOND SHALL BE
17 CONDITIONED UPON THE FOLLOWING:
18 (1) COMPLIANCE WITH THIS CHAPTER.
19 (2) THE PAYMENT OF ALL SUMS DUE A PERSON AT THE TIME THE
20 SUMS ARE DUE AND PAYABLE.
21 (3) THE PAYMENT OF DAMAGES SUFFERED BY ANY PERSON AS A
22 RESULT OF INTENTIONAL OR UNINTENTIONAL MISSTATEMENTS,
23 MISREPRESENTATION, FRAUD, DECEIT OR UNLAWFUL OR NEGLIGENT
24 ACTS OF THE STUDENT ATHLETE AGENT WHILE ACTING AS A STUDENT
25 ATHLETE AGENT.
26 (D) ALTERNATE SECURITY.--
27 (1) IN LIEU OF A SURETY BOND, A REGISTRANT MAY DEPOSIT
28 WITH THE COMMISSION CASH, A CERTIFIED CHECK OR A LETTER OF
29 CREDIT IN AN EQUIVALENT AMOUNT. THE PROVISIONS OF THIS
30 SECTION REGARDING BONDS SHALL APPLY TO THE ALTERNATE SECURITY
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1 PROVIDED FOR IN THIS SUBSECTION.
2 (2) THE SECURITY SHALL NOT BE RETURNED TO A REGISTRANT
3 UNTIL ONE YEAR AFTER THE STUDENT ATHLETE AGENT'S REGISTRATION
4 HAS EXPIRED. AFTER THAT TIME IF THERE ARE NO CLAIMS AGAINST
5 THE REGISTERED ATHLETE AGENT, THE ALTERNATE SECURITY SHALL BE
6 RETURNED TO THE DEPOSITOR.
7 (E) RECOVERY ON BOND.--RECOVERY MAY BE HAD ON A BOND OR
8 DEPOSIT OF ALTERNATE SECURITY IN THE SAME MANNER AS PENALTIES
9 ARE RECOVERABLE AT LAW.
10 § 3317. EXEMPTION FROM REGISTRATION AND BONDING REQUIREMENT.
11 (A) IMMEDIATE FAMILY MEMBERS.--ATHLETE AGENTS WHO ARE
12 REPRESENTING AN IMMEDIATE FAMILY MEMBER ARE EXEMPT FROM THE
13 PROVISIONS OF THIS CHAPTER.
14 (B) DEFINITION.--AS USED IN THIS SECTION, THE TERM
15 "IMMEDIATE FAMILY" MEANS A SPOUSE, PARENT, SIBLING, SON,
16 DAUGHTER OR GRANDPARENT.
17 § 3318. DISPOSITION OF COMMISSION RECEIPTS.
18 ALL FEES, CIVIL PENALTIES, FORFEITURES AND OTHER MONEYS
19 COLLECTED UNDER THIS CHAPTER AND THE REGULATIONS OF THE
20 COMMISSION SHALL BE PAID INTO THE ATHLETIC COMMISSION
21 AUGMENTATION ACCOUNT.
22 § 3319. RECORDS.
23 A RECORD OF ALL PERSONS REGISTERED UNDER THIS CHAPTER SHALL
24 BE KEPT IN THE OFFICE OF THE COMMISSION AND SHALL BE OPEN TO
25 PUBLIC INSPECTION AND COPYING UPON PAYMENT OF A NOMINAL FEE FOR
26 COPYING THE RECORD.
27 § 3320. TRANSFERABILITY OF REGISTRATION.
28 NO REGISTRATION ISSUED UNDER THIS CHAPTER SHALL BE ASSIGNABLE
29 OR TRANSFERABLE. IN THE EVENT OF A CORPORATE CHANGE OF STATUS,
30 THE ENTITY MUST REGISTER WITHIN 90 DAYS.
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1 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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