1     
REVISED ATHLETIC AGENT ACT

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lyle W. Hillyard

5     
House Sponsor: V. Lowry Snow

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7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Revised Uniform Athlete Agents Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions related to prohibited conduct for an athlete agent; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          58-87-401, as last amended by Laws of Utah 2018, Chapter 281
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 58-87-401 is amended to read:
24          58-87-401. Prohibited conduct.
25          (1) [An] Subject to Subsection (3), an athlete agent, with the intent to influence a
26     student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an
27     agency contract, may not take any of the following actions or encourage any other individual to

28     take or assist any other individual in taking any of the following actions on behalf of the agent:
29          (a) give materially false or misleading information or make a materially false promise
30     or representation;
31          (b) furnish anything of value to the athlete before the athlete enters into the contract; or
32          (c) furnish anything of value to an individual other than the athlete or another
33     registered athlete agent.
34          (2) An athlete agent may not intentionally do any of the following or encourage any
35     other individual to do any of the following on behalf of the agent:
36          (a) initiate contact, directly or indirectly, with a student athlete or, if the athlete is a
37     minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to
38     enter into an agency contract unless registered under this chapter;
39          (b) fail to create or retain or to permit inspection of the records required by Section
40     58-87-304;
41          (c) fail to register when required by Section 58-87-201;
42          (d) provide materially false or misleading information in an application for registration
43     or renewal of registration;
44          (e) predate or postdate an agency contract; or
45          (f) fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the
46     athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport
47     that the signing may make the athlete ineligible to participate as a student athlete in that sport.
48          (3) An athlete agent registered under this chapter who is certified as an athlete agent in
49     a particular sport by a national association that promotes or regulates intercollegiate athletics
50     and establishes eligibility standards for participation by a student athlete in the sport may pay
51     expenses incurred before the signing of an agency contract by a student athlete, a family
52     member of the student athlete, and an individual who is a member of a class of individuals
53     authorized to receive payment for the expenses by the national association that certified the
54     agent if the expenses are:
55          (a) for the benefit of an athlete who is a member of a class of athletes authorized to
56     receive the benefit by the national association that certified the agent;
57          (b) of a type authorized to be paid by a certified agent by the national association that
58     certified the agent; and

59          (c) for a purpose authorized by the national association that certified the agent.