1     
REVISED UNIFORM ATHLETE AGENTS ACT

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lyle W. Hillyard

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Uniform Athlete Agents Act (the act).
10     Highlighted Provisions:
11          This bill:
12          ▸     changes the name of the act to the Revised Uniform Athlete Agents Act;
13          ▸     renumbers and amends the act;
14          ▸     defines terms, including expanding the definitions of athlete agent and student
15     athlete;
16          ▸     modifies the requirements for being registered as an athlete agent;
17          ▸     provides for the reciprocal registration of athlete agents between states;
18          ▸     modifies requirements for the signing of an agency contract;
19          ▸     expands notification requirements; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     RENUMBERS AND AMENDS:
27          58-87-101, (Renumbered from 15-9-101, as enacted by Laws of Utah 2001, Chapter
28     237)
29          58-87-102, (Renumbered from 15-9-102, as enacted by Laws of Utah 2001, Chapter
30     237)
31          58-87-103, (Renumbered from 15-9-103, as last amended by Laws of Utah 2014,
32     Chapter 189)
33          58-87-201, (Renumbered from 15-9-104, as enacted by Laws of Utah 2001, Chapter
34     237)
35          58-87-202, (Renumbered from 15-9-105, as last amended by Laws of Utah 2010,
36     Chapter 378)
37          58-87-203, (Renumbered from 15-9-106, as last amended by Laws of Utah 2010,
38     Chapter 378)
39          58-87-204, (Renumbered from 15-9-107, as last amended by Laws of Utah 2010,
40     Chapter 74)
41          58-87-205, (Renumbered from 15-9-108, as enacted by Laws of Utah 2001, Chapter
42     237)
43          58-87-206, (Renumbered from 15-9-109, as last amended by Laws of Utah 2010,
44     Chapter 378)
45          58-87-301, (Renumbered from 15-9-110, as last amended by Laws of Utah 2010,
46     Chapter 378)
47          58-87-302, (Renumbered from 15-9-111, as enacted by Laws of Utah 2001, Chapter
48     237)
49          58-87-303, (Renumbered from 15-9-112, as enacted by Laws of Utah 2001, Chapter
50     237)
51          58-87-304, (Renumbered from 15-9-113, as enacted by Laws of Utah 2001, Chapter
52     237)
53          58-87-401, (Renumbered from 15-9-114, as enacted by Laws of Utah 2001, Chapter
54     237)
55          58-87-402, (Renumbered from 15-9-115, as enacted by Laws of Utah 2001, Chapter
56     237)
57          58-87-403, (Renumbered from 15-9-116, as enacted by Laws of Utah 2001, Chapter
58     237)
59          58-87-404, (Renumbered from 15-9-117, as last amended by Laws of Utah 2010,
60     Chapter 278)
61          58-87-501, (Renumbered from 15-9-118, as last amended by Laws of Utah 2010,
62     Chapter 378)
63          58-87-502, (Renumbered from 15-9-119, as enacted by Laws of Utah 2001, Chapter
64     237)
65     

66     Be it enacted by the Legislature of the state of Utah:
67          Section 1. Section 58-87-101, which is renumbered from Section 15-9-101 is
68     renumbered and amended to read:
69     
CHAPTER 87. REVISED UNIFORM ATHLETE AGENTS ACT

70     
Part 1. General Provisions

71          [15-9-101].      58-87-101. Title.
72          This chapter is known as the "Revised Uniform Athlete Agents Act."
73          Section 2. Section 58-87-102, which is renumbered from Section 15-9-102 is
74     renumbered and amended to read:
75          [15-9-102].      58-87-102. Definitions.
76          As used in this chapter:
77          (1) "Agency contract" means an agreement in which a [student-athlete] student athlete
78     authorizes a person to negotiate or solicit on behalf of the [student-athlete] athlete a
79     professional-sports-services contract or an endorsement contract.
80          (2) (a) "Athlete agent" means an individual [who enters into an agency contract with a
81     student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an
82     agency contract. The term includes an individual who represents to the public that the
83     individual is an athlete agent. The term does not include a spouse, parent, sibling, or
84     grandparent of the student-athlete or an individual acting solely on behalf of a professional
85     sports team or professional sports organization.], whether or not registered under this chapter,
86     who:
87          (i) directly or indirectly recruits or solicits a student athlete to enter into an agency
88     contract or, for compensation, procures employment or offers, promises, attempts, or negotiates
89     to obtain employment for a student athlete as a professional athlete or member of a professional
90     sports team or organization;
91          (ii) for compensation or in anticipation of compensation related to a student athlete's
92     participation in athletics:
93          (A) serves the athlete in an advisory capacity on a matter related to finances, business
94     pursuits, or career management decisions, unless the individual is an employee of an
95     educational institution acting exclusively as an employee of the institution for the benefit of the
96     institution; or
97          (B) manages the business affairs of the athlete by providing assistance with bills,
98     payments, contracts, or taxes; or
99          (iii) in anticipation of representing a student athlete for a purpose related to the athlete's
100     participation in athletics:
101          (A) gives consideration to the student athlete or another person;
102          (B) serves the athlete in an advisory capacity on a matter related to finances, business
103     pursuits, or career management decisions; or
104          (C) manages the business affairs of the athlete by providing assistance with bills,
105     payments, contracts, or taxes.
106          (b) "Athlete agent" does not include an individual who:
107          (i) acts solely on behalf of a professional sports team or organization; or
108          (ii) is a licensed, registered, or certified professional and offers or provides services to
109     a student athlete customarily provided by members of the profession, unless the individual:
110          (A) also recruits or solicits the athlete to enter into an agency contract;
111          (B) also, for compensation, procures employment or offers, promises, attempts, or
112     negotiates to obtain employment for the athlete as a professional athlete or member of a
113     professional sports team or organization; or
114          (C) receives consideration for providing the services calculated using a different
115     method than for an individual who is not a student athlete.
116          (3) "Athletic director" means [an] the individual responsible for administering the
117     overall athletic program of an educational institution or, if an educational institution has
118     separately administered athletic programs for male students and female students, the athletic
119     program for males or the athletic program for females, as appropriate.
120          [(4) "Contact" means a communication, direct or indirect, between an athlete agent and
121     a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract.]
122          [(5) "Division" means the Division of Occupational and Professional Licensing created
123     in Section 58-1-103.]
124          (4) "Educational institution" includes a public or private elementary school, secondary
125     school, technical or vocational school, community college, college, and university.
126          [(6)] (5) "Endorsement contract" means an agreement under which a [student-athlete]
127     student athlete is employed or receives consideration to use on behalf of the other party any
128     value that the [student-athlete] student athlete may have because of publicity, reputation,
129     following, or fame obtained because of athletic ability or performance.
130          (6) "Enrolled" means registered for courses and attending athletic practice or class.
131     "Enrolls" has a corresponding meaning.
132          (7) "Intercollegiate sport" means a sport played at the collegiate level for which
133     eligibility requirements for participation by a [student-athlete] student athlete are established by
134     a national association [for the promotion or regulation of] that promotes or regulates collegiate
135     athletics.
136          (8) "Interscholastic sport" means a sport played between educational institutions that
137     are not community colleges, colleges, or universities.
138          (9) "Licensed, registered, or certified professional" means an individual licensed,
139     registered, or certified as an attorney, dealer in securities, financial planner, insurance agent,
140     real estate broker or sales agent, tax consultant, accountant, or member of a profession, other
141     than that of athlete agent, who is licensed, registered, or certified by the state or a nationally
142     recognized organization that licenses, registers, or certifies members of the profession on the
143     basis of experience, education, or testing.
144          [(8)] (10) "Person" means an individual, [corporation, business trust, estate, trust,
145     partnership, limited liability company, association, joint venture, government, governmental
146     subdivision, agency, or instrumentality, public corporation, or any other legal or commercial
147     entity] estate, business or nonprofit entity, public corporation, government or governmental
148     subdivision, agency, or instrumentality, or other legal entity.
149          [(9)] (11) "Professional-sports-services contract" means an agreement under which an
150     individual is employed [or agrees to render services as a player on a professional sports team,
151     with a professional sports organization, or as a professional athlete] as a professional athlete or
152     agrees to render services as a player on a professional sports team or with a professional sports
153     organization.
154          [(10)] (12) "Record" means information that is inscribed on a tangible medium or that
155     is stored in an electronic or other medium and is retrievable in perceivable form.
156          (13) (a) "Recruit or solicit" means attempting to influence the choice of an athlete
157     agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete.
158          (b) "Recruit or solicit" does not include giving advice on the selection of a particular
159     agent in a family, coaching, or social situation unless the individual giving the advice does so
160     because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from
161     the agent.
162          [(11)] (14) "Registration" means registration as an athlete agent [pursuant to] under this
163     chapter.
164          (15) "Sign" means, with present intent to authenticate or adopt a record:
165          (a) to execute or adopt a tangible symbol; or
166          (b) to attach to or logically associate with the record an electronic symbol, sound, or
167     process.
168          [(12)] (16) "State" means a state of the United States, the District of Columbia, Puerto
169     Rico, the United States Virgin Islands, or any territory or insular possession subject to the
170     jurisdiction of the United States.
171          [(13)] (17) (a) ["Student-athlete"] "Student athlete" means an individual who [engages
172     in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate
173     sport. If an individual is permanently ineligible to participate in a particular intercollegiate
174     sport, the individual is not a student-athlete for purposes of that sport] is eligible to attend an
175     educational institution and engages in, is eligible to engage in, or may be eligible in the future
176     to engage in, any interscholastic or intercollegiate sport.
177          (b) "Student athlete" does not include an individual permanently ineligible to
178     participate in a particular interscholastic or intercollegiate sport for that sport.
179          Section 3. Section 58-87-103, which is renumbered from Section 15-9-103 is
180     renumbered and amended to read:
181          [15-9-103].      58-87-103. Administration -- Rulemaking -- Service of process.
182          (1) (a) This chapter shall be administered by the division and is subject to the
183     requirements of [Title 58,] Chapter 1, Division of Occupational and Professional Licensing
184     Act, so long as the requirements of [Title 58,] Chapter 1, Division of Occupational and
185     Professional Licensing Act, are not inconsistent with the requirements of this chapter.
186          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
187     division may make rules necessary to implement this chapter.
188          (2) By acting as an athlete agent in this state, a nonresident individual appoints the
189     director of the division as the individual's agent for service of process in any civil action in this
190     state related to the [individual's] individual acting as an athlete agent in this state.
191          Section 4. Section 58-87-201, which is renumbered from Section 15-9-104 is
192     renumbered and amended to read:
193     
Part 2. Registration of athlete agents

194          [15-9-104].      58-87-201. Athlete agents -- Registration required -- Void contracts.
195          (1) Except as otherwise provided in Subsection (2), an individual may not act as an
196     athlete agent in this state without holding a certificate of registration under [Section 15-9-106
197     or 15-9-108] this chapter.
198          (2) Before being issued a certificate of registration[,] under this chapter an individual
199     may act as an athlete agent in this state for all purposes except signing an agency contract, if:
200          (a) a [student-athlete] student athlete or another person acting on behalf of the
201     student-athlete initiates communication with the individual; and
202          (b) [within] no later than seven days after an initial act that requires the individual to
203     register as an athlete agent, the individual submits an application for registration as an athlete
204     agent in this state.
205          (3) An agency contract resulting from conduct in violation of this section is void and
206     the athlete agent shall return any consideration received under the contract.
207          Section 5. Section 58-87-202, which is renumbered from Section 15-9-105 is
208     renumbered and amended to read:
209          [15-9-105].      58-87-202. Registration as an athlete agent -- Form --
210     Requirements.
211          (1) An applicant for registration shall submit an application for registration as an
212     athlete agent to the division in a form prescribed by the division. An application filed under
213     this section is a public record under Title 63G, Chapter 2, Government Records Access and
214     Management Act. [The application shall be in the name of an individual and, except as
215     otherwise provided in Subsection (2), signed or otherwise authenticated by the applicant under
216     penalty of perjury and state or contain] The applicant must be an individual, and the application
217     must be signed by the applicant under penalty of perjury. Except as otherwise provided in
218     Subsections (2) and (3), the application must contain at least the following:
219          [(a) the name of the applicant and the address of the applicant's principal place of
220     business;]
221          [(b) the name of the applicant's business or employer, if applicable;]
222          [(c) any business or occupation engaged in by the applicant for the five years
223     immediately preceding the date of submission of the application;]
224          [(d) a description of the applicant's:]
225          [(i) formal training as an athlete agent;]
226          [(ii) practical experience as an athlete agent; and]
227          [(iii) educational background relating to the applicant's activities as an athlete agent;]
228          [(e) the names and addresses of three individuals not related to the applicant who are
229     willing to serve as references;]
230          [(f) the name, sport, and last-known team for each individual for whom the applicant
231     acted as an athlete agent during the five years next preceding the date of submission of the
232     application;]
233          [(g) the names and addresses of all persons who are:]
234          [(i) with respect to the athlete agent's business if it is not a corporation, the partners,
235     members, officers, managers, associates, or profit-sharers of the business; and]
236          [(ii) with respect to a corporation employing the athlete agent, the officers, directors,
237     and any shareholder of the corporation having an interest of 5% or greater;]
238          [(h) whether the applicant or any person named pursuant to Subsection (1)(g) has been
239     convicted of a crime that, if committed in this state, would be a crime involving moral
240     turpitude or a felony, and identify the crime;]
241          [(i) whether there has been any administrative or judicial determination that the
242     applicant or any person named pursuant to Subsection (1)(g) has made a false, misleading,
243     deceptive, or fraudulent representation;]
244          [(j) any instance in which the conduct of the applicant or any person named pursuant to
245     Subsection (1)(g) resulted in the imposition of a sanction, suspension, or declaration of
246     ineligibility to participate in an interscholastic or intercollegiate athletic event on a
247     student-athlete or educational institution;]
248          [(k) any sanction, suspension, or disciplinary action taken against the applicant or any
249     person named pursuant to Subsection (1)(g) arising out of occupational or professional
250     conduct; and]
251          [(l) whether there has been any denial of an application for, suspension or revocation
252     of, or refusal to renew, the registration or licensure of the applicant or any person named
253     pursuant to Subsection (1)(g) as an athlete agent in any state.]
254          [(2) An individual who has submitted an application for, and holds a certificate of,
255     registration or licensure as an athlete agent in another state, may submit a copy of the
256     application and certificate in lieu of submitting an application in the form prescribed pursuant
257     to Subsection (1). The division shall accept the application and the certificate from the other
258     state as an application for registration in this state if the application to the other state:]
259          [(a) was submitted in the other state within six months immediately preceding the
260     submission of the application in this state and the applicant certifies that the information
261     contained in the application is current;]
262          [(b) contains information substantially similar to or more comprehensive than that
263     required in an application submitted in this state; and]
264          [(c) was signed by the applicant under penalty of perjury.]
265          (a) the name and date and place of birth of the applicant and the following contact
266     information for the applicant:
267          (i) the address of the applicant's principal place of business;
268          (ii) work and mobile telephone numbers; and
269          (iii) any means of communicating electronically, including a facsimile number, email
270     address, and personal and business or employer websites;
271          (b) the name of the applicant's business or employer, if applicable, including for each
272     business or employer, its mailing address, telephone number, organization form, and the nature
273     of the business;
274          (c) each social-media account with which the applicant or the applicant's business or
275     employer is affiliated;
276          (d) each business or occupation in which the applicant engaged within five years before
277     the date of the application, including self-employment and employment by others, and any
278     professional or occupational license, registration, or certification held by the applicant during
279     that time;
280          (e) a description of the applicant's:
281          (i) formal training as an athlete agent;
282          (ii) practical experience as an athlete agent; and
283          (iii) educational background relating to the applicant's activities as an athlete agent;
284          (f) the name of each student athlete for whom the applicant acted as an athlete agent
285     within five years before the date of the application or, if the student athlete is a minor, the name
286     of the parent or guardian of the minor, together with the athlete's sport and last-known team;
287          (g) the name and address of each person that:
288          (i) is a partner, member, officer, manager, associate, or profit sharer or directly or
289     indirectly holds an equity interest of 5% or greater of the athlete agent's business if it is not a
290     corporation; and
291          (ii) is an officer or director of a corporation employing the athlete agent or a
292     shareholder having an interest of 5% or greater in the corporation;
293          (h) a description of the status of any application by the applicant, or any person named
294     under Subsection (1)(g), for a state or federal business, professional, or occupational license,
295     other than as an athlete agent, from a state or federal agency, including any denial, refusal to
296     renew, suspension, withdrawal, or termination of the license and any reprimand or censure
297     related to the license;
298          (i) whether the applicant, or any person named under Subsection (1)(g), has pleaded
299     guilty or no contest to, has been convicted of, or has charges pending for, a crime that would
300     involve moral turpitude or be a felony if committed in this state and, if so, identification of:
301          (i) the crime;
302          (ii) the law-enforcement agency involved; and
303          (iii) if applicable, the date of the conviction and the fine or penalty imposed;
304          (j) whether, within 15 years before the date of application, the applicant, or any person
305     named under Subsection (1)(g), has been a defendant or respondent in a civil proceeding,
306     including a proceeding seeking an adjudication of incompetence and, if so, the date and a full
307     explanation of each proceeding;
308          (k) whether the applicant, or any person named under Subsection (1)(g), has an
309     unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order
310     in the nature of child support, which is not current at the date of the application;
311          (l) whether, within 10 years before the date of application, the applicant, or any person
312     named under Subsection (1)(g), was adjudicated bankrupt or was an owner of a business that
313     was adjudicated bankrupt;
314          (m) whether there has been any administrative or judicial determination that the
315     applicant, or any person named under Subsection (1)(g), made a false, misleading, deceptive, or
316     fraudulent representation;
317          (n) each instance in which conduct of the applicant, or any person named under
318     Subsection (1)(g), resulted in the imposition of a sanction, suspension, or declaration of
319     ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on
320     a student athlete or a sanction on an educational institution;
321          (o) each sanction, suspension, or disciplinary action taken against the applicant, or any
322     person named under Subsection (1)(g), arising out of occupational or professional conduct;
323          (p) whether there has been a denial of an application for, suspension or revocation of,
324     refusal to renew, or abandonment of, the registration of the applicant, or any person named
325     under Subsection (1)(g), as an athlete agent in any state;
326          (q) each state in which the applicant currently is registered as an athlete agent or has
327     applied to be registered as an athlete agent;
328          (r) if the applicant is certified or registered by a professional league or players
329     association:
330          (i) the name of the league or association;
331          (ii) the date of certification or registration, and the date of expiration of the certification
332     or registration, if any; and
333          (iii) if applicable, the date of any denial of an application for, suspension or revocation
334     of, refusal to renew, withdrawal of, or termination of, the certification or registration or any
335     reprimand or censure related to the certification or registration; and
336          (s) any additional information required by the division.
337          (2) Instead of proceeding under Subsection (1), an individual registered as an athlete
338     agent in another state may apply for registration as an athlete agent in this state by submitting
339     to the division:
340          (a) a copy of the application for registration in the other state;
341          (b) a statement that identifies any material change in the information on the application
342     or verifies there is no material change in the information, signed under penalty of perjury; and
343          (c) a copy of the certificate of registration from the other state.
344          (3) The division shall issue a certificate of registration to an individual who applies for
345     registration under Subsection (2) if the division determines:
346          (a) the application and registration requirements of the other state are substantially
347     similar to or more restrictive than this chapter; and
348          (b) the registration has not been revoked or suspended and no action involving the
349     individual's conduct as an athlete agent is pending against the individual or the individual's
350     registration in any state.
351          (4) For purposes of implementing Subsection (3), the division shall:
352          (a) cooperate with national organizations concerned with athlete agent issues and
353     agencies in other states that register athlete agents to develop a common registration form and
354     determine which states have laws that are substantially similar to or more restrictive than this
355     chapter; and
356          (b) exchange information, including information related to actions taken against
357     registered athlete agents or their registrations, with those organizations and agencies.
358          Section 6. Section 58-87-203, which is renumbered from Section 15-9-106 is
359     renumbered and amended to read:
360          [15-9-106].      58-87-203. Certificate of registration -- Issuance or denial --
361     Renewal.
362          (1) Except as otherwise provided in Subsection (2), the division shall issue a certificate
363     of registration to an [individual] applicant for registration who complies with [Subsection
364     15-9-105(1) or whose application has been accepted under Subsection 15-9-105(2)] Subsection
365     58-87-202(1).
366          [(2) The division may refuse to issue a certificate of registration if the division
367     determines that the applicant has engaged in conduct that has a significant adverse effect on the
368     applicant's fitness to act as an athlete agent. In making the determination, the division may
369     consider whether the applicant has:]
370          [(a) been convicted of a crime that, if committed in this state, would be a crime
371     involving moral turpitude or a felony;]
372          [(b) made a materially false, misleading, deceptive, or fraudulent representation in the
373     application or as an athlete agent;]
374          [(c) engaged in conduct that would disqualify the applicant from serving in a fiduciary
375     capacity;]
376          [(d) engaged in conduct prohibited by Section 15-9-114;]
377          [(e) had a registration or licensure as an athlete agent suspended, revoked, or denied or
378     been refused renewal of registration or licensure as an athlete agent in any state;]
379          [(f) engaged in conduct the consequence of which was that a sanction, suspension, or
380     declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event
381     was imposed on a student-athlete or educational institution; or]
382          [(g) engaged in conduct that significantly, adversely reflects on the applicant's
383     credibility, honesty, or integrity.]
384          [(3) In making a determination under Subsection (2), the division shall consider:]
385          [(a) how recently the conduct occurred;]
386          [(b) the nature of the conduct and the context in which it occurred; and]
387          [(c) any other relevant conduct of the applicant.]
388          [(4) An athlete agent may apply to renew a registration by submitting an application for
389     renewal in a form prescribed by the division. An application filed under this section is a public
390     record under Title 63G, Chapter 2, Government Records Access and Management Act. The
391     application for renewal shall be signed by the applicant under penalty of perjury and shall
392     contain current information on all matters required in an original registration.]
393          [(5) An individual who has submitted an application for renewal of registration or
394     licensure in another state, in lieu of submitting an application for renewal in the form
395     prescribed pursuant to Subsection (4), may file a copy of the application for renewal and a valid
396     certificate of registration or licensure from the other state. The division shall accept the
397     application for renewal from the other state as an application for renewal in this state if the
398     application to the other state:]
399          [(a) was submitted in the other state within six months immediately preceding the
400     filing in this state and the applicant certifies the information contained in the application for
401     renewal is current;]
402          [(b) contains information substantially similar to or more comprehensive than that
403     required in an application for renewal submitted in this state; and]
404          [(c) was signed by the applicant under penalty of perjury.]
405          (2) The division may refuse to issue a certificate of registration to an applicant for
406     registration under Subsection 58-87-202(1) if the division determines that the applicant has
407     engaged in conduct that significantly adversely reflects on the applicant's fitness to act as an
408     athlete agent. In making the determination, the division may consider whether the applicant
409     has:
410          (a) pleaded guilty or no contest to, has been convicted of, or has charges pending for, a
411     crime that would involve moral turpitude or be a felony if committed in this state;
412          (b) made a materially false, misleading, deceptive, or fraudulent representation in the
413     application or as an athlete agent;
414          (c) engaged in conduct that would disqualify the applicant from serving in a fiduciary
415     capacity;
416          (d) engaged in conduct prohibited by Section 58-87-401;
417          (e) had a registration as an athlete agent suspended, revoked, or denied in any state;
418          (f) been refused renewal of registration as an athlete agent in any state;
419          (g) engaged in conduct resulting in imposition of a sanction, suspension, or declaration
420     of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event
421     on a student athlete or a sanction on an educational institution; or
422          (h) engaged in conduct that adversely reflects on the applicant's credibility, honesty, or
423     integrity.
424          (3) In making a determination under Subsection (2), the division shall consider:
425          (a) how recently the conduct occurred;
426          (b) the nature of the conduct and the context in which it occurred; and
427          (c) other relevant conduct of the applicant.
428          (4) An athlete agent registered under Subsection (1) may apply to renew the
429     registration by submitting an application for renewal in a form prescribed by the division. The
430     applicant shall sign the application for renewal under penalty of perjury and include current
431     information on all matters required in an original application for registration.
432          (5) An athlete agent registered under Subsection 58-87-202(2) may renew the
433     registration by proceeding under Subsection (4) or, if the registration in the other state has been
434     renewed, by submitting to the division copies of the application for renewal in the other state
435     and the renewed registration from the other state. The division shall renew the registration if
436     the division determines:
437          (a) the registration requirements of the other state are substantially similar to or more
438     restrictive than this chapter; and
439          (b) the renewed registration has not been suspended or revoked and no action involving
440     the individual's conduct as an athlete agent is pending against the individual or the individual's
441     registration in any state.
442          (6) A certificate of registration or a renewal of a registration is valid for two years.
443          Section 7. Section 58-87-204, which is renumbered from Section 15-9-107 is
444     renumbered and amended to read:
445          [15-9-107].      58-87-204. Suspension, revocation, or refusal to renew registration.
446          (1) The division may limit, suspend, revoke, or refuse to renew a registration of an
447     individual registered under Subsection 58-87-203(1) for conduct that would have justified
448     [denial of registration] refusal to issue a certificate of registration under Subsection
449     [15-9-106(2)] 58-87-203(2).
450          [(2) The division may suspend, revoke, or refuse to renew a certificate of registration
451     only after proper notice and an opportunity for a hearing. Title 63G, Chapter 4, Administrative
452     Procedures Act, applies to this chapter.]
453          (2) The division may suspend or revoke the registration of an individual registered
454     under Subsection 58-87-202(2) or renewed under Subsection 58-87-203(5) for any reason for
455     which the division could have refused to grant or renew registration or for conduct that would
456     justify refusal to issue a certificate of registration under Subsection 58-87-203(2).
457          Section 8. Section 58-87-205, which is renumbered from Section 15-9-108 is
458     renumbered and amended to read:
459          [15-9-108].      58-87-205. Temporary registration.
460          The division may issue a temporary certificate of registration as an athlete agent while
461     an application for registration or renewal of registration is pending.
462          Section 9. Section 58-87-206, which is renumbered from Section 15-9-109 is
463     renumbered and amended to read:
464          [15-9-109].      58-87-206. Registration and renewal fees.
465          (1) An application for registration or renewal of registration shall be accompanied by a
466     fee in an amount determined by the division in accordance with Section 63J-1-504.
467          (2) The division shall establish fees for:
468          (a) an initial application for registration;
469          (b) an application for registration based upon a certificate of registration or licensure
470     issued by another state;
471          (c) an application for renewal of registration; and
472          (d) an application for renewal of registration based upon an application for renewal of
473     registration [or licensure] submitted in another state.
474          Section 10. Section 58-87-301, which is renumbered from Section 15-9-110 is
475     renumbered and amended to read:
476     
Part 3. Agency Contract Requirements

477          [15-9-110].      58-87-301. Required form of contract.
478          (1) An agency contract [shall] must be in a record[,] signed [or otherwise
479     authenticated] by the parties.
480          (2) An agency contract [shall state or] must contain:
481          [(a) the amount and method of calculating the consideration to be paid by the
482     student-athlete for services to be provided by the athlete agent under the contract and any other
483     consideration the athlete agent has received or will receive from any other source for entering
484     into the contract or for providing the services;]
485          [(b) the name of any person not listed in the application for registration or renewal of
486     registration who will be compensated because the student-athlete signed the agency contract;]
487          [(c) a description of any expenses that the student-athlete agrees to reimburse;]
488          [(d) a description of the services to be provided to the student-athlete;]
489          [(e) the duration of the contract; and]
490          [(f) the date of execution.]
491          [(3) An agency contract shall contain, in close proximity to the signature of the
492     student-athlete, a conspicuous notice in boldface type in capital letters stating:]
493          [WARNING TO STUDENT-ATHLETE]
494          [IF YOU SIGN THIS CONTRACT:]
495          [(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A
496     STUDENT-ATHLETE IN YOUR SPORT;]
497          [(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
498     ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT
499     SHALL NOTIFY YOUR ATHLETIC DIRECTOR; AND]
500          [(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING
501     IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR
502     ELIGIBILITY.]
503          [(4) An agency contract that does not conform to this section is voidable by the
504     student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required
505     to pay any consideration under the contract or to return any consideration received from the
506     athlete agent to induce the student-athlete to enter into the contract.]
507          [(5) The athlete agent shall give a record of the signed or otherwise authenticated
508     agency contract to the student-athlete at the time of execution.]
509          (a) a statement that the athlete agent is registered as an athlete agent in this state and a
510     list of any other states in which the agent is registered as an athlete agent;
511          (b) the amount and method of calculating the consideration to be paid by the student
512     athlete for services to be provided by the agent under the contract and any other consideration
513     the agent has received or will receive from any other source for entering into the contract or
514     providing the services;
515          (c) the name of any person not listed in the agent's application for registration or
516     renewal of registration which will be compensated because the athlete signed the contract;
517          (d) a description of any expenses the athlete agrees to reimburse;
518          (e) a description of the services to be provided to the athlete;
519          (f) the duration of the contract; and
520          (g) the date of execution.
521          (3) Subject to Subsection (7), an agency contract must contain a conspicuous notice in
522     boldface type and in substantially the following form:
523          WARNING TO STUDENT ATHLETE
524          IF YOU SIGN THIS CONTRACT:
525          (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT
526     ATHLETE IN YOUR SPORT;
527          (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
528     SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT
529     IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND
530     YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU
531     HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT
532     INFORMATION OF THE ATHLETE AGENT; AND
533          (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING
534     IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR
535     ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.
536          (4) An agency contract must be accompanied by a separate record signed by the student
537     athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that
538     signing the contract may result in the loss of the athlete's eligibility to participate in the athlete's
539     sport.
540          (5) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete
541     may void an agency contract that does not conform to this section. If the contract is voided, any
542     consideration received from the athlete agent under the contract to induce entering into the
543     contract is not required to be returned.
544          (6) At the time an agency contract is executed, the athlete agent shall give the student
545     athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the
546     contract and the separate acknowledgment required by Subsection (4).
547          (7) If a student athlete is a minor, an agency contract must be signed by the parent or
548     guardian of the minor and the notice required by Subsection (3) must be revised accordingly.
549          Section 11. Section 58-87-302, which is renumbered from Section 15-9-111 is
550     renumbered and amended to read:
551          [15-9-111].      58-87-302. Notice to educational institution.
552          [(1) Within 72 hours after entering into an agency contract or before the next scheduled
553     athletic event in which the student-athlete may participate, whichever occurs first, the athlete
554     agent shall give notice in a record of the existence of the contract to the athletic director of the
555     educational institution at which the student-athlete is enrolled or the athlete agent has
556     reasonable grounds to believe the student-athlete intends to enroll.]
557          [(2) Within 72 hours after entering into an agency contract or before the next athletic
558     event in which the student-athlete may participate, whichever occurs first, the student-athlete
559     shall inform the athletic director of the educational institution at which the student-athlete is
560     enrolled that he or she has entered into an agency contract.]
561          (1) As used in this section, "communicating or attempting to communicate" means
562     contacting or attempting to contact by an in-person meeting, a record, or any other method that
563     conveys or attempts to convey a message.
564          (2) Not later than 72 hours after entering into an agency contract or before the next
565     scheduled athletic event in which the student athlete may participate, whichever occurs first,
566     the athlete agent shall give notice in a record of the existence of the contract to the athletic
567     director of the educational institution at which the athlete is enrolled or at which the agent has
568     reasonable grounds to believe the athlete intends to enroll.
569          (3) Not later than 72 hours after entering into an agency contract or before the next
570     scheduled athletic event in which the student athlete may participate, whichever occurs first,
571     the athlete shall inform the athletic director of the educational institution at which the athlete is
572     enrolled that the athlete has entered into an agency contract and the name and contact
573     information of the athlete agent.
574          (4) If an athlete agent enters into an agency contract with a student athlete and the
575     athlete subsequently enrolls at an educational institution, the agent shall notify the athletic
576     director of the institution of the existence of the contract not later than 72 hours after the agent
577     knew or should have known the athlete enrolled.
578          (5) If an athlete agent has a relationship with a student athlete before the athlete enrolls
579     in an educational institution and receives an athletic scholarship from the institution, the agent
580     shall notify the institution of the relationship not later than ten days after the enrollment if the
581     agent knows or should have known of the enrollment and:
582          (a) the relationship was motivated in whole or part by the intention of the agent to
583     recruit or solicit the athlete to enter an agency contract in the future; or
584          (b) the agent directly or indirectly recruited or solicited the athlete to enter an agency
585     contract before the enrollment.
586          (6) An athlete agent shall give notice in a record to the athletic director of any
587     educational institution at which a student athlete is enrolled before the agent communicates or
588     attempts to communicate with:
589          (a) the athlete or, if the athlete is a minor, a parent or guardian of the athlete, to
590     influence the athlete or parent or guardian to enter into an agency contract; or
591          (b) another individual to have that individual influence the athlete or, if the athlete is a
592     minor, the parent or guardian of the athlete to enter into an agency contract.
593          (7) If a communication or attempt to communicate with an athlete agent is initiated by
594     a student athlete or another individual on behalf of the athlete, the agent shall notify in a record
595     the athletic director of any educational institution at which the athlete is enrolled. The
596     notification must be made not later than 10 days after the communication or attempt.
597          (8) An educational institution that becomes aware of a violation of this chapter by an
598     athlete agent shall notify the division and any professional league or players association with
599     which the institution is aware the agent is licensed or registered of the violation.
600          Section 12. Section 58-87-303, which is renumbered from Section 15-9-112 is
601     renumbered and amended to read:
602          [15-9-112].      58-87-303. Student athlete's right to cancel.
603          [(1) A student-athlete may cancel an agency contract by giving notice of the
604     cancellation to the athlete agent in a record within 14 days after the contract is signed.]
605          [(2) A student-athlete may not waive the right to cancel an agency contract.]
606          [(3) If a student-athlete cancels an agency contract, the student-athlete is not required to
607     pay any consideration under the contract or to return any consideration received from the
608     athlete agent to induce the student-athlete to enter into the contract.]
609          (1) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete
610     may cancel an agency contract by giving notice in a record of cancellation to the athlete agent
611     not later than 14 days after the contract is signed.
612          (2) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete
613     may not waive the right to cancel an agency contract.
614          (3) If a student athlete, parent, or guardian cancels an agency contract, the athlete,
615     parent, or guardian is not required to pay any consideration under the contract or return any
616     consideration received from the athlete agent to influence the athlete to enter into the contract.
617          Section 13. Section 58-87-304, which is renumbered from Section 15-9-113 is
618     renumbered and amended to read:
619          [15-9-113].      58-87-304. Required records.
620          (1) An athlete agent shall create and retain [the following records for a period of five
621     years] for five years records of the following:
622          (a) the name and address of each individual represented by the [athlete] agent;
623          (b) [any] each agency contract entered into by the [athlete] agent; and
624          (c) [any] the direct costs incurred by the [athlete] agent in the recruitment or
625     solicitation of [a student-athlete] each student athlete to enter into an agency contract.
626          (2) Records [required by Subsection (1) to be retained] described in Subsection (1) are
627     open to inspection by the division during normal business hours.
628          Section 14. Section 58-87-401, which is renumbered from Section 15-9-114 is
629     renumbered and amended to read:
630     
Part 4. Prohibited Conduct and Penalties

631          [15-9-114].      58-87-401. Prohibited conduct.
632          [(1) An athlete agent, with the intent to induce a student-athlete to enter into an agency
633     contract, may not:]
634          [(a) give any materially false or misleading information or make a materially false
635     promise or representation;]
636          [(b) furnish anything of value to a student-athlete before the student-athlete enters into
637     the agency contract; or]
638          [(c) furnish anything of value to any individual other than the student-athlete or another
639     registered athlete agent.]
640          [(2) An athlete agent may not intentionally:]
641          [(a) initiate contact with a student-athlete unless registered under this chapter;]
642          [(b) refuse or fail to retain or permit inspection of the records required to be retained by
643     Section 15-9-113;]
644          [(c) fail to register when required by Section 15-9-104;]
645          [(d) provide materially false or misleading information in an application for
646     registration or renewal of registration;]
647          [(e) predate or postdate an agency contract; or]
648          [(f) fail to notify a student-athlete before the student-athlete signs or otherwise
649     authenticates an agency contract for a particular sport that the signing or authentication may
650     make the student-athlete ineligible to participate as a student-athlete in that sport.]
651          (1) An athlete agent, with the intent to influence a student athlete or, if the athlete is a
652     minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of
653     the following actions or encourage any other individual to take or assist any other individual in
654     taking any of the following actions on behalf of the agent:
655          (a) give materially false or misleading information or make a materially false promise
656     or representation;
657          (b) furnish anything of value to the athlete before the athlete enters into the contract; or
658          (c) furnish anything of value to an individual other than the athlete or another
659     registered athlete agent.
660          (2) An athlete agent may not intentionally do any of the following or encourage any
661     other individual to do any of the following on behalf of the agent:
662          (a) initiate contact, directly or indirectly, with a student athlete or, if the athlete is a
663     minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to
664     enter into an agency contract unless registered under this chapter;
665          (b) fail to create or retain or to permit inspection of the records required by Section
666     58-87-305;
667          (c) fail to register when required by Section 58-87-201;
668          (d) provide materially false or misleading information in an application for registration
669     or renewal of registration;
670          (e) predate or postdate an agency contract; or
671          (f) fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the
672     athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport
673     that the signing may make the athlete ineligible to participate as a student athlete in that sport.
674          Section 15. Section 58-87-402, which is renumbered from Section 15-9-115 is
675     renumbered and amended to read:
676          [15-9-115].      58-87-402. Criminal penalties.
677          An athlete agent who violates Section [15-9-114] 58-87-401 is guilty of a class A
678     misdemeanor.
679          Section 16. Section 58-87-403, which is renumbered from Section 15-9-116 is
680     renumbered and amended to read:
681          [15-9-116].      58-87-403. Civil remedies.
682          (1) An educational institution [has a right of action against an athlete agent or a former
683     student-athlete for damages caused by a violation of this chapter. In an action under this
684     section, the court may award to the prevailing party costs and reasonable attorney's fees.] or
685     student athlete may bring an action for damages against an athlete agent if the institution or
686     athlete is adversely affected by an act or omission of the agent in violation of this chapter. An
687     educational institution or student athlete is adversely affected by an act or omission of the agent
688     only if, because of the act or omission, the institution or an individual who was a student
689     athlete at the time of the act or omission and enrolled in the institution:
690          (a) is suspended or disqualified from participation in an interscholastic or
691     intercollegiate sports event by or under the rules of a state or national federation or association
692     that promotes or regulates interscholastic or intercollegiate sports; or
693          (b) suffers financial damage.
694          [(2) Damages of an educational institution under Subsection (1) include losses and
695     expenses incurred because, as a result of the conduct of an athlete agent or former
696     student-athlete, the educational institution was injured by a violation of this chapter or was
697     penalized, disqualified, or suspended from participation in athletics by a national association
698     for the promotion and regulation of athletics, by an athletic conference, or by reasonable
699     self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an
700     organization.]
701          [(3) A right of action under this section does not accrue until the educational institution
702     discovers or by the exercise of reasonable diligence would have discovered the violation by the
703     athlete agent or former student-athlete.]
704          [(4) Any liability of the athlete agent or the former student-athlete under this section is
705     several and not joint.]
706          [(5) This chapter does not restrict rights, remedies, or defenses of any person under law
707     or equity.]
708          (2) A plaintiff that prevails in an action under this section may recover damages, costs,
709     and reasonable attorney fees. An athlete agent found liable under this section forfeits any right
710     of payment for anything of benefit or value provided to the student athlete and shall refund any
711     consideration paid to the agent by or on behalf of the athlete.
712          (3) This chapter does not restrict rights, remedies, or defenses of any person under law
713     or equity.
714          Section 17. Section 58-87-404, which is renumbered from Section 15-9-117 is
715     renumbered and amended to read:
716          [15-9-117].      58-87-404. Civil and administrative penalty.
717          (1) The division may assess a civil penalty against an athlete agent not to exceed
718     $25,000 for a violation of this chapter.
719          (2) An administrative penalty collected under Subsection (1) shall be deposited into the
720     Commerce Service Account created in Section 13-1-2.
721          Section 18. Section 58-87-501, which is renumbered from Section 15-9-118 is
722     renumbered and amended to read:
723     
Part 5. Application and Construction

724          [15-9-118].      58-87-501. Uniformity of application and construction.
725          In applying and construing this uniform act, consideration shall be given to the need to
726     promote uniformity of the law with respect to its subject matter among states that enact it.
727          Section 19. Section 58-87-502, which is renumbered from Section 15-9-119 is
728     renumbered and amended to read:
729          [15-9-119].      58-87-502. Electronic Signatures in Global and National Commerce
730     Act.
731          The provisions of this chapter [governing the legal effect, validity, or enforceability of
732     electronic records or signatures, and of contracts formed or performed with the use of such
733     records or signatures conform to the requirements of Section 102 of the Electronic Signatures
734     in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and
735     supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.]
736     modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act,
737     15 U.S.C. Sec. 7001 et seq., but do not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or
738     authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).





Legislative Review Note
Office of Legislative Research and General Counsel