Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 243 (2017GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• changes the name of the act to the Revised Uniform Athlete Agents Act;
• renumbers and amends the act;
• defines terms, including expanding the definitions of athlete agent and student athlete;
• modifies the requirements for being registered as an athlete agent;
• provides for the reciprocal registration of athlete agents between states;
• modifies requirements for the signing of an agency contract;
• expands notification requirements; and
• makes technical changes.

Every vote on this bill

Bill text

REVISED UNIFORM ATHLETE AGENTS ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill modifies the Uniform Athlete Agents Act (the act).
Highlighted Provisions:
This bill:
▸ changes the name of the act to the Revised Uniform Athlete Agents Act;
▸ renumbers and amends the act;
▸ defines terms, including expanding the definitions of athlete agent and student
athlete;
▸ modifies the requirements for being registered as an athlete agent;
▸ provides for the reciprocal registration of athlete agents between states;
▸ modifies requirements for the signing of an agency contract;
▸ expands notification requirements; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
RENUMBERS AND AMENDS:
58-87-101
, (Renumbered from 15-9-101, as enacted by Laws of Utah 2001, Chapter
237)
58-87-102
, (Renumbered from 15-9-102, as enacted by Laws of Utah 2001, Chapter
237)
58-87-103
, (Renumbered from 15-9-103, as last amended by Laws of Utah 2014,
Chapter 189)
58-87-201
, (Renumbered from 15-9-104, as enacted by Laws of Utah 2001, Chapter
237)
58-87-202
, (Renumbered from 15-9-105, as last amended by Laws of Utah 2010,
Chapter 378)
58-87-203
, (Renumbered from 15-9-106, as last amended by Laws of Utah 2010,
Chapter 378)
58-87-204
, (Renumbered from 15-9-107, as last amended by Laws of Utah 2010,
Chapter 74)
58-87-205
, (Renumbered from 15-9-108, as enacted by Laws of Utah 2001, Chapter
237)
58-87-206
, (Renumbered from 15-9-109, as last amended by Laws of Utah 2010,
Chapter 378)
58-87-301
, (Renumbered from 15-9-110, as last amended by Laws of Utah 2010,
Chapter 378)
58-87-302
, (Renumbered from 15-9-111, as enacted by Laws of Utah 2001, Chapter
237)
58-87-303
, (Renumbered from 15-9-112, as enacted by Laws of Utah 2001, Chapter
237)
58-87-304
, (Renumbered from 15-9-113, as enacted by Laws of Utah 2001, Chapter
237)
58-87-401
, (Renumbered from 15-9-114, as enacted by Laws of Utah 2001, Chapter
237)
58-87-402
, (Renumbered from 15-9-115, as enacted by Laws of Utah 2001, Chapter
237)
58-87-403
, (Renumbered from 15-9-116, as enacted by Laws of Utah 2001, Chapter
237)
58-87-404
, (Renumbered from 15-9-117, as last amended by Laws of Utah 2010,
Chapter 278)
58-87-501
, (Renumbered from 15-9-118, as last amended by Laws of Utah 2010,
Chapter 378)
58-87-502
, (Renumbered from 15-9-119, as enacted by Laws of Utah 2001, Chapter
237)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-87-101
, which is renumbered from Section 15-9-101 is
renumbered and amended to read:
CHAPTER 87. REVISED UNIFORM ATHLETE AGENTS ACT
Part 1. General Provisions
[
15-9-101
].
 58-87-101.
Title.
This chapter is known as the "
Revised
 Uniform Athlete Agents Act."
Section 2. Section 
58-87-102
, which is renumbered from Section 15-9-102 is
renumbered and amended to read:
[
15-9-102
].
 58-87-102.
Definitions.
As used in this chapter:
(1) "Agency contract" means an agreement in which a [
student-athlete
] 
student athlete
authorizes a person to negotiate or solicit on behalf of the [
student-athlete
] 
athlete
 a
professional-sports-services contract or an endorsement contract.
(2) 
(a)
 "Athlete agent" means an individual [
who enters into an agency contract with a
student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an
agency contract. The term includes an individual who represents to the public that the
individual is an athlete agent. The term does not include a spouse, parent, sibling, or
grandparent of the student-athlete or an individual acting solely on behalf of a professional
sports team or professional sports organization.
]
, whether or not registered under this chapter,
who:
(i) directly or indirectly recruits or solicits a student athlete to enter into an agency
contract or, for compensation, procures employment or offers, promises, attempts, or negotiates
to obtain employment for a student athlete as a professional athlete or member of a professional
sports team or organization;
(ii) for compensation or in anticipation of compensation related to a student athlete's
participation in athletics:
(A) serves the athlete in an advisory capacity on a matter related to finances, business
pursuits, or career management decisions, unless the individual is an employee of an
educational institution acting exclusively as an employee of the institution for the benefit of the
institution; or
(B) manages the business affairs of the athlete by providing assistance with bills,
payments, contracts, or taxes; or
(iii) in anticipation of representing a student athlete for a purpose related to the athlete's
participation in athletics:
(A) gives consideration to the student athlete or another person;
(B) serves the athlete in an advisory capacity on a matter related to finances, business
pursuits, or career management decisions; or
(C) manages the business affairs of the athlete by providing assistance with bills,
payments, contracts, or taxes.
(b) "Athlete agent" does not include an individual who:
(i) acts solely on behalf of a professional sports team or organization; or
(ii) is a licensed, registered, or certified professional and offers or provides services to
a student athlete customarily provided by members of the profession, unless the individual:
(A) also recruits or solicits the athlete to enter into an agency contract;
(B) also, for compensation, procures employment or offers, promises, attempts, or
negotiates to obtain employment for the athlete as a professional athlete or member of a
professional sports team or organization; or
(C) receives consideration for providing the services calculated using a different
method than for an individual who is not a student athlete.
(3) "Athletic director" means [
an
] 
the
 individual responsible for administering the
overall athletic program of an educational institution or, if an educational institution has
separately administered athletic programs for male students and female students, the athletic
program for males or the athletic program for females, as appropriate.
[
(4) "Contact" means a communication, direct or indirect, between an athlete agent and
a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract.
]
[
(5) "Division" means the Division of Occupational and Professional Licensing created
in Section 
58-1-103
.
]
(4) "Educational institution" includes a public or private elementary school, secondary
school, technical or vocational school, community college, college, and university.
[
(6)
] 
(5)
 "Endorsement contract" means an agreement under which a [
student-athlete
]
student athlete
 is employed or receives consideration to use on behalf of the other party any
value that the [
student-athlete
] 
student athlete
 may have because of publicity, reputation,
following, or fame obtained because of athletic ability or performance.
(6) "Enrolled" means registered for courses and attending athletic practice or class.
"Enrolls" has a corresponding meaning.
(7) "Intercollegiate sport" means a sport played at the collegiate level for which
eligibility requirements for participation by a [
student-athlete
] 
student athlete
 are established by
a national association [
for the promotion or regulation of
] 
that promotes or regulates
 collegiate
athletics.
(8) "Interscholastic sport" means a sport played between educational institutions that
are not community colleges, colleges, or universities.
(9) "Licensed, registered, or certified professional" means an individual licensed,
registered, or certified as an attorney, dealer in securities, financial planner, insurance agent,
real estate broker or sales agent, tax consultant, accountant, or member of a profession, other
than that of athlete agent, who is licensed, registered, or certified by the state or a nationally
recognized organization that licenses, registers, or certifies members of the profession on the
basis of experience, education, or testing.
[
(8)
] 
(10)
 "Person" means an individual, [
corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, government, governmental
subdivision, agency, or instrumentality, public corporation, or any other legal or commercial
entity
] 
estate, business or nonprofit entity, public corporation, government or governmental
subdivision, agency, or instrumentality, or other legal entity
.
[
(9)
] 
(11)
 "Professional-sports-services contract" means an agreement under which an
individual is employed [
or agrees to render services as a player on a professional sports team,
with a professional sports organization, or as a professional athlete
] 
as a professional athlete or
agrees to render services as a player on a professional sports team or with a professional sports
organization
.
[
(10)
] 
(12)
 "Record" means information that is inscribed on a tangible medium or that
is stored in an electronic or other medium and is retrievable in perceivable form.
(13) (a) "Recruit or solicit" means attempting to influence the choice of an athlete
agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete.
(b) "Recruit or solicit" does not include giving advice on the selection of a particular
agent in a family, coaching, or social situation unless the individual giving the advice does so
because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from
the agent.
[
(11)
] 
(14)
 "Registration" means registration as an athlete agent [
pursuant to
] 
under
 this
chapter.
(15) "Sign" means, with present intent to authenticate or adopt a record:
(a) to execute or adopt a tangible symbol; or
(b) to attach to or logically associate with the record an electronic symbol, sound, or
process.
[
(12)
] 
(16)
 "State" means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
[
(13)
] 
(17) (a)
 [
"Student-athlete"
] 
"Student athlete"
 means an individual who [
engages
in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate
sport. If an individual is permanently ineligible to participate in a particular intercollegiate
sport, the individual is not a student-athlete for purposes of that sport
] 
is eligible to attend an
educational institution and engages in, is eligible to engage in, or may be eligible in the future
to engage in, any interscholastic or intercollegiate sport.
(b) "Student athlete" does not include an individual permanently ineligible to
participate in a particular interscholastic or intercollegiate sport for that sport
.
Section 3. Section 
58-87-103
, which is renumbered from Section 15-9-103 is
renumbered and amended to read:
[
15-9-103
].
 58-87-103.
Administration -- Rulemaking -- Service of process.
(1) (a) This chapter shall be administered by the division and is subject to the
requirements of [
Title 58,
] Chapter 1, Division of Occupational and Professional Licensing
Act, so long as the requirements of [
Title 58,
] Chapter 1, Division of Occupational and
Professional Licensing Act, are not inconsistent with the requirements of this chapter.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules necessary to implement this chapter.
(2) By acting as an athlete agent in this state, a nonresident individual appoints the
director of the division as the individual's agent for service of process in any civil action in this
state related to the [
individual's
] 
individual
 acting as an athlete agent in this state.
Section 4. Section 
58-87-201
, which is renumbered from Section 15-9-104 is
renumbered and amended to read:
Part 2. Registration of athlete agents
[
15-9-104
].
 58-87-201.
Athlete agents -- Registration required -- Void contracts.
(1) Except as otherwise provided in Subsection (2), an individual may not act as an
athlete agent in this state without holding a certificate of registration under [
Section 
15-9-106
or 
15-9-108
] 
this chapter
.
(2) Before being issued a certificate of registration[
,
] 
under this chapter
 an individual
may act as an athlete agent in this state for all purposes except signing an agency contract, if:
(a) a [
student-athlete
] 
student athlete
 or another person acting on behalf of the
[
student-athlete
] 
student athlete
 initiates communication with the individual; and
(b) [
within
] 
no later than
 seven days after an initial act 
that requires the individual to
register
 as an athlete agent, the individual submits an application for registration as an athlete
agent in this state.
(3) An agency contract resulting from conduct in violation of this section is void and
the athlete agent shall return any consideration received under the contract.
Section 5. Section 
58-87-202
, which is renumbered from Section 15-9-105 is
renumbered and amended to read:
[
15-9-105
].
 58-87-202.
Registration as an athlete agent -- Form --
Requirements.
(1) An applicant for registration shall submit an application for registration 
as an
athlete agent
 to the division in a form prescribed by the division. An application filed under
this section is a public record under Title 63G, Chapter 2, Government Records Access and
Management Act. [
The application shall be in the name of an individual and, except as
otherwise provided in Subsection (2), signed or otherwise authenticated by the applicant under
penalty of perjury and state or contain
] 
The applicant must be an individual, and the application
must be signed by the applicant under penalty of perjury. Except as otherwise provided in
Subsections (2) and (3), the application must contain at least the following
:
[
(a) the name of the applicant and the address of the applicant's principal place of
business;
]
[
(b) the name of the applicant's business or employer, if applicable;
]
[
(c) any business or occupation engaged in by the applicant for the five years
immediately preceding the date of submission of the application;
]
[
(d) a description of the applicant's:
]
[
(i) formal training as an athlete agent;
]
[
(ii) practical experience as an athlete agent; and
]
[
(iii) educational background relating to the applicant's activities as an athlete agent;
]
[
(e) the names and addresses of three individuals not related to the applicant who are
willing to serve as references;
]
[
(f) the name, sport, and last-known team for each individual for whom the applicant
acted as an athlete agent during the five years next preceding the date of submission of the
application;
]
[
(g) the names and addresses of all persons who are:
]
[
(i) with respect to the athlete agent's business if it is not a corporation, the partners,
members, officers, managers, associates, or profit-sharers of the business; and
]
[
(ii) with respect to a corporation employing the athlete agent, the officers, directors,
and any shareholder of the corporation having an interest of 5% or greater;
]
[
(h) whether the applicant or any person named pursuant to Subsection (1)(g) has been
convicted of a crime that, if committed in this state, would be a crime involving moral
turpitude or a felony, and identify the crime;
]
[
(i) whether there has been any administrative or judicial determination that the
applicant or any person named pursuant to Subsection (1)(g) has made a false, misleading,
deceptive, or fraudulent representation;
]
[
(j) any instance in which the conduct of the applicant or any person named pursuant to
Subsection (1)(g) resulted in the imposition of a sanction, suspension, or declaration of
ineligibility to participate in an interscholastic or intercollegiate athletic event on a
student-athlete or educational institution;
]
[
(k) any sanction, suspension, or disciplinary action taken against the applicant or any
person named pursuant to Subsection (1)(g) arising out of occupational or professional
conduct; and
]
[
(l) whether there has been any denial of an application for, suspension or revocation
of, or refusal to renew, the registration or licensure of the applicant or any person named
pursuant to Subsection (1)(g) as an athlete agent in any state.
]
[
(2) An individual who has submitted an application for, and holds a certificate of,
registration or licensure as an athlete agent in another state, may submit a copy of the
application and certificate in lieu of submitting an application in the form prescribed pursuant
to Subsection (1). The division shall accept the application and the certificate from the other
state as an application for registration in this state if the application to the other state:
]
[
(a) was submitted in the other state within six months immediately preceding the
submission of the application in this state and the applicant certifies that the information
contained in the application is current;
]
[
(b) contains information substantially similar to or more comprehensive than that
required in an application submitted in this state; and
]
[
(c) was signed by the applicant under penalty of perjury.
]
(a) the name and date and place of birth of the applicant and the following contact
information for the applicant:
(i) the address of the applicant's principal place of business;
(ii) work and mobile telephone numbers; and
(iii) any means of communicating electronically, including a facsimile number, email
address, and personal and business or employer websites;
(b) the name of the applicant's business or employer, if applicable, including for each
business or employer, its mailing address, telephone number, organization form, and the nature
of the business;
(c) each social-media account with which the applicant or the applicant's business or
employer is affiliated;
(d) each business or occupation in which the applicant engaged within five years before
the date of the application, including self-employment and employment by others, and any
professional or occupational license, registration, or certification held by the applicant during
that time;
(e) a description of the applicant's:
(i) formal training as an athlete agent;
(ii) practical experience as an athlete agent; and
(iii) educational background relating to the applicant's activities as an athlete agent;
(f) the name of each student athlete for whom the applicant acted as an athlete agent
within five years before the date of the application or, if the student athlete is a minor, the name
of the parent or guardian of the minor, together with the athlete's sport and last-known team;
(g) the name and address of each person that:
(i) is a partner, member, officer, manager, associate, or profit sharer or directly or
indirectly holds an equity interest of 5% or greater of the athlete agent's business if it is not a
corporation; and
(ii) is an officer or director of a corporation employing the athlete agent or a
shareholder having an interest of 5% or greater in the corporation;
(h) a description of the status of any application by the applicant, or any person named
under Subsection (1)(g), for a state or federal business, professional, or occupational license,
other than as an athlete agent, from a state or federal agency, including any denial, refusal to
renew, suspension, withdrawal, or termination of the license and any reprimand or censure
related to the license;
(i) whether the applicant, or any person named under Subsection (1)(g), has pleaded
guilty or no contest to, has been convicted of, or has charges pending for, a crime that would
involve moral turpitude or be a felony if committed in this state and, if so, identification of:
(i) the crime;
(ii) the law-enforcement agency involved; and
(iii) if applicable, the date of the conviction and the fine or penalty imposed;
(j) whether, within 15 years before the date of application, the applicant, or any person
named under Subsection (1)(g), has been a defendant or respondent in a civil proceeding,
including a proceeding seeking an adjudication of incompetence and, if so, the date and a full
explanation of each proceeding;
(k) whether the applicant, or any person named under Subsection (1)(g), has an
unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order
in the nature of child support, which is not current at the date of the application;
(l) whether, within 10 years before the date of application, the applicant, or any person
named under Subsection (1)(g), was adjudicated bankrupt or was an owner of a business that
was adjudicated bankrupt;
(m) whether there has been any administrative or judicial determination that the
applicant, or any person named under Subsection (1)(g), made a false, misleading, deceptive, or
fraudulent representation;
(n) each instance in which conduct of the applicant, or any person named under
Subsection (1)(g), resulted in the imposition of a sanction, suspension, or declaration of
ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on
a student athlete or a sanction on an educational institution;
(o) each sanction, suspension, or disciplinary action taken against the applicant, or any
person named under Subsection (1)(g), arising out of occupational or professional conduct;
(p) whether there has been a denial of an application for, suspension or revocation of,
refusal to renew, or abandonment of, the registration of the applicant, or any person named
under Subsection (1)(g), as an athlete agent in any state;
(q) each state in which the applicant currently is registered as an athlete agent or has
applied to be registered as an athlete agent;
(r) if the applicant is certified or registered by a professional league or players
association:
(i) the name of the league or association;
(ii) the date of certification or registration, and the date of expiration of the certification
or registration, if any; and
(iii) if applicable, the date of any denial of an application for, suspension or revocation
of, refusal to renew, withdrawal of, or termination of, the certification or registration or any
reprimand or censure related to the certification or registration; and
(s) any additional information required by the division.
(2) Instead of proceeding under Subsection (1), an individual registered as an athlete
agent in another state may apply for registration as an athlete agent in this state by submitting
to the division:
(a) a copy of the application for registration in the other state;
(b) a statement that identifies any material change in the information on the application
or verifies there is no material change in the information, signed under penalty of perjury; and
(c) a copy of the certificate of registration from the other state.
(3) The division shall issue a certificate of registration to an individual who applies for
registration under Subsection (2) if the division determines:
(a) the application and registration requirements of the other state are substantially
similar to or more restrictive than this chapter; and
(b) the registration has not been revoked or suspended and no action involving the
individual's conduct as an athlete agent is pending against the individual or the individual's
registration in any state.
(4) For purposes of implementing Subsection (3), the division shall:
(a) cooperate with national organizations concerned with athlete agent issues and
agencies in other states that register athlete agents to develop a common registration form and
determine which states have laws that are substantially similar to or more restrictive than this
chapter; and
(b) exchange information, including information related to actions taken against
registered athlete agents or their registrations, with those organizations and agencies.
Section 6. Section 
58-87-203
, which is renumbered from Section 15-9-106 is
renumbered and amended to read:
[
15-9-106
].
 58-87-203.
Certificate of registration -- Issuance or denial --
Renewal.
(1) Except as otherwise provided in Subsection (2), the division shall issue a certificate
of registration to an [
individual
] 
applicant for registration
 who complies with [
Subsection
15-9-105
(1) or whose application has been accepted under Subsection 
15-9-105
(2)
] 
Subsection
58-87-202
(1)
.
[
(2) The division may refuse to issue a certificate of registration if the division
determines that the applicant has engaged in conduct that has a significant adverse effect on the
applicant's fitness to act as an athlete agent. In making the determination, the division may
consider whether the applicant has:
]
[
(a) been convicted of a crime that, if committed in this state, would be a crime
involving moral turpitude or a felony;
]
[
(b) made a materially false, misleading, deceptive, or fraudulent representation in the
application or as an athlete agent;
]
[
(c) engaged in conduct that would disqualify the applicant from serving in a fiduciary
capacity;
]
[
(d) engaged in conduct prohibited by Section 
15-9-114
;
]
[
(e) had a registration or licensure as an athlete agent suspended, revoked, or denied or
been refused renewal of registration or licensure as an athlete agent in any state;
]
[
(f) engaged in conduct the consequence of which was that a sanction, suspension, or
declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event
was imposed on a student-athlete or educational institution; or
]
[
(g) engaged in conduct that significantly, adversely reflects on the applicant's
credibility, honesty, or integrity.
]
[
(3) In making a determination under Subsection (2), the division shall consider:
]
[
(a) how recently the conduct occurred;
]
[
(b) the nature of the conduct and the context in which it occurred; and
]
[
(c) any other relevant conduct of the applicant.
]
[
(4) An athlete agent may apply to renew a registration by submitting an application for
renewal in a form prescribed by the division. An application filed under this section is a public
record under Title 63G, Chapter 2, Government Records Access and Management Act. The
application for renewal shall be signed by the applicant under penalty of perjury and shall
contain current information on all matters required in an original registration.
]
[
(5) An individual who has submitted an application for renewal of registration or
licensure in another state, in lieu of submitting an application for renewal in the form
prescribed pursuant to Subsection (4), may file a copy of the application for renewal and a valid
certificate of registration or licensure from the other state. The division shall accept the
application for renewal from the other state as an application for renewal in this state if the
application to the other state:
]
[
(a) was submitted in the other state within six months immediately preceding the
filing in this state and the applicant certifies the information contained in the application for
renewal is current;
]
[
(b) contains information substantially similar to or more comprehensive than that
required in an application for renewal submitted in this state; and
]
[
(c) was signed by the applicant under penalty of perjury.
]
(2) The division may refuse to issue a certificate of registration to an applicant for
registration under Subsection 
58-87-202
(1) if the division determines that the applicant has
engaged in conduct that significantly adversely reflects on the applicant's fitness to act as an
athlete agent. In making the determination, the division may consider whether the applicant
has:
(a) pleaded guilty or no contest to, has been convicted of, or has charges pending for, a
crime that would involve moral turpitude or be a felony if committed in this state;
(b) made a materially false, misleading, deceptive, or fraudulent representation in the
application or as an athlete agent;
(c) engaged in conduct that would disqualify the applicant from serving in a fiduciary
capacity;
(d) engaged in conduct prohibited by Section 
58-87-401
;
(e) had a registration as an athlete agent suspended, revoked, or denied in any state;
(f) been refused renewal of registration as an athlete agent in any state;
(g) engaged in conduct resulting in imposition of a sanction, suspension, or declaration
of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event
on a student athlete or a sanction on an educational institution; or
(h) engaged in conduct that adversely reflects on the applicant's credibility, honesty, or
integrity.
(3) In making a determination under Subsection (2), the division shall consider:
(a) how recently the conduct occurred;
(b) the nature of the conduct and the context in which it occurred; and
(c) other relevant conduct of the applicant.
(4) An athlete agent registered under Subsection (1) may apply to renew the
registration by submitting an application for renewal in a form prescribed by the division. The
applicant shall sign the application for renewal under penalty of perjury and include current
information on all matters required in an original application for registration.
(5) An athlete agent registered under Subsection 
58-87-202
(2) may renew the
registration by proceeding under Subsection (4) or, if the registration in the other state has been
renewed, by submitting to the division copies of the application for renewal in the other state
and the renewed registration from the other state. The division shall renew the registration if
the division determines:
(a) the registration requirements of the other state are substantially similar to or more
restrictive than this chapter; and
(b) the renewed registration has not been suspended or revoked and no action involving
the individual's conduct as an athlete agent is pending against the individual or the individual's
registration in any state.
(6) A certificate of registration or a renewal of a registration is valid for two years.
Section 7. Section 
58-87-204
, which is renumbered from Section 15-9-107 is
renumbered and amended to read:
[
15-9-107
].
 58-87-204.
Suspension, revocation, or refusal to renew registration.
(1) The division may 
limit,
 suspend, revoke, or refuse to renew a registration 
of an
individual registered under Subsection 
58-87-203
(1)
 for conduct that would have justified
[
denial of registration
] 
refusal to issue a certificate of registration
 under Subsection
[
15-9-106
(2)
] 
58-87-203
(2)
.
[
(2) The division may suspend, revoke, or refuse to renew a certificate of registration
only after proper notice and an opportunity for a hearing. Title 63G, Chapter 4, Administrative
Procedures Act, applies to this chapter.
]
(2) The division may suspend or revoke the registration of an individual registered
under Subsection 
58-87-202
(2) or renewed under Subsection 
58-87-203
(5) for any reason for
which the division could have refused to grant or renew registration or for conduct that would
justify refusal to issue a certificate of registration under Subsection 
58-87-203
(2).
Section 8. Section 
58-87-205
, which is renumbered from Section 15-9-108 is
renumbered and amended to read:
[
15-9-108
].
 58-87-205.
Temporary registration.
The division may issue a temporary certificate of registration 
as an athlete agent
 while
an application for registration or renewal of registration is pending.
Section 9. Section 
58-87-206
, which is renumbered from Section 15-9-109 is
renumbered and amended to read:
[
15-9-109
].
 58-87-206.
Registration and renewal fees.
(1) An application for registration or renewal of registration shall be accompanied by a
fee in an amount determined by the division in accordance with Section 
63J-1-504
.
(2) The division shall establish fees for:
(a) an initial application for registration;
(b) an application for registration based upon a certificate of registration or licensure
issued by another state;
(c) an application for renewal of registration; and
(d) an application for renewal of registration based upon an application for renewal of
registration [
or licensure
] submitted in another state.
Section 10. Section 
58-87-301
, which is renumbered from Section 15-9-110 is
renumbered and amended to read:
Part 3. Agency Contract Requirements
[
15-9-110
].
 58-87-301.
Required form of contract.
(1) An agency contract [
shall
] 
must
 be in a record[
,
] signed [
or otherwise
authenticated
] by the parties.
(2) An agency contract [
shall state or
] 
must
 contain:
[
(a) the amount and method of calculating the consideration to be paid by the
student-athlete for services to be provided by the athlete agent under the contract and any other
consideration the athlete agent has received or will receive from any other source for entering
into the contract or for providing the services;
]
[
(b) the name of any person not listed in the application for registration or renewal of
registration who will be compensated because the student-athlete signed the agency contract;
]
[
(c) a description of any expenses that the student-athlete agrees to reimburse;
]
[
(d) a description of the services to be provided to the student-athlete;
]
[
(e) the duration of the contract; and
]
[
(f) the date of execution.
]
[
(3) An agency contract shall contain, in close proximity to the signature of the
student-athlete, a conspicuous notice in boldface type in capital letters stating:
]
[
WARNING TO STUDENT-ATHLETE
]
[
IF YOU SIGN THIS CONTRACT:
]
[
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A
STUDENT-ATHLETE IN YOUR SPORT;
]
[
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT
SHALL NOTIFY YOUR ATHLETIC DIRECTOR; AND
]
[
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING
IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR
ELIGIBILITY.
]
[
(4) An agency contract that does not conform to this section is voidable by the
student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required
to pay any consideration under the contract or to return any consideration received from the
athlete agent to induce the student-athlete to enter into the contract.
]
[
(5) The athlete agent shall give a record of the signed or otherwise authenticated
agency contract to the student-athlete at the time of execution.
]
(a) a statement that the athlete agent is registered as an athlete agent in this state and a
list of any other states in which the agent is registered as an athlete agent;
(b) the amount and method of calculating the consideration to be paid by the student
athlete for services to be provided by the agent under the contract and any other consideration
the agent has received or will receive from any other source for entering into the contract or
providing the services;
(c) the name of any person not listed in the agent's application for registration or
renewal of registration which will be compensated because the athlete signed the contract;
(d) a description of any expenses the athlete agrees to reimburse;
(e) a description of the services to be provided to the athlete;
(f) the duration of the contract; and
(g) the date of execution.
(3) Subject to Subsection (7), an agency contract must contain a conspicuous notice in
boldface type and in substantially the following form:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT
ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT
IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND
YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU
HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT
INFORMATION OF THE ATHLETE AGENT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING
IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR
ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.
(4) An agency contract must be accompanied by a separate record signed by the student
athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that
signing the contract may result in the loss of the athlete's eligibility to participate in the athlete's
sport.
(5) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete
may void an agency contract that does not conform to this section. If the contract is voided, any
consideration received from the athlete agent under the contract to induce entering into the
contract is not required to be returned.
(6) At the time an agency contract is executed, the athlete agent shall give the student
athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the
contract and the separate acknowledgment required by Subsection (4).
(7) If a student athlete is a minor, an agency contract must be signed by the parent or
guardian of the minor and the notice required by Subsection (3) must be revised accordingly.
Section 11. Section 
58-87-302
, which is renumbered from Section 15-9-111 is
renumbered and amended to read:
[
15-9-111
].
 58-87-302.
Notice to educational institution.
[
(1) Within 72 hours after entering into an agency contract or before the next scheduled
athletic event in which the student-athlete may participate, whichever occurs first, the athlete
agent shall give notice in a record of the existence of the contract to the athletic director of the
educational institution at which the student-athlete is enrolled or the athlete agent has
reasonable grounds to believe the student-athlete intends to enroll.
]
[
(2) Within 72 hours after entering into an agency contract or before the next athletic
event in which the student-athlete may participate, whichever occurs first, the student-athlete
shall inform the athletic director of the educational institution at which the student-athlete is
enrolled that he or she has entered into an agency contract.
]
(1) As used in this section, "communicating or attempting to communicate" means
contacting or attempting to contact by an in-person meeting, a record, or any other method that
conveys or attempts to convey a message.
(2) Not later than 72 hours after entering into an agency contract or before the next
scheduled athletic event in which the student athlete may participate, whichever occurs first,
the athlete agent shall give notice in a record of the existence of the contract to the athletic
director of the educational institution at which the athlete is enrolled or at which the agent has
reasonable grounds to believe the athlete intends to enroll.
(3) Not later than 72 hours after entering into an agency contract or before the next
scheduled athletic event in which the student athlete may participate, whichever occurs first,
the athlete shall inform the athletic director of the educational institution at which the athlete is
enrolled that the athlete has entered into an agency contract and the name and contact
information of the athlete agent.
(4) If an athlete agent enters into an agency contract with a student athlete and the
athlete subsequently enrolls at an educational institution, the agent shall notify the athletic
director of the institution of the existence of the contract not later than 72 hours after the agent
knew or should have known the athlete enrolled.
(5) If an athlete agent has a relationship with a student athlete before the athlete enrolls
in an educational institution and receives an athletic scholarship from the institution, the agent
shall notify the institution of the relationship not later than ten days after the enrollment if the
agent knows or should have known of the enrollment and:
(a) the relationship was motivated in whole or part by the intention of the agent to
recruit or solicit the athlete to enter an agency contract in the future; or
(b) the agent directly or indirectly recruited or solicited the athlete to enter an agency
contract before the enrollment.
(6) An athlete agent shall give notice in a record to the athletic director of any
educational institution at which a student athlete is enrolled before the agent communicates or
attempts to communicate with:
(a) the athlete or, if the athlete is a minor, a parent or guardian of the athlete, to
influence the athlete or parent or guardian to enter into an agency contract; or
(b) another individual to have that individual influence the athlete or, if the athlete is a
minor, the parent or guardian of the athlete to enter into an agency contract.
(7) If a communication or attempt to communicate with an athlete agent is initiated by
a student athlete or another individual on behalf of the athlete, the agent shall notify in a record
the athletic director of any educational institution at which the athlete is enrolled. The
notification must be made not later than 10 days after the communication or attempt.
(8) An educational institution that becomes aware of a violation of this chapter by an
athlete agent shall notify the division and any professional league or players association with
which the institution is aware the agent is licensed or registered of the violation.
Section 12. Section 
58-87-303
, which is renumbered from Section 15-9-112 is
renumbered and amended to read:
[
15-9-112
].
 58-87-303.
Student athlete's right to cancel.
[
(1) A student-athlete may cancel an agency contract by giving notice of the
cancellation to the athlete agent in a record within 14 days after the contract is signed.
]
[
(2) A student-athlete may not waive the right to cancel an agency contract.
]
[
(3) If a student-athlete cancels an agency contract, the student-athlete is not required to
pay any consideration under the contract or to return any consideration received from the
athlete agent to induce the student-athlete to enter into the contract.
]
(1) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete
may cancel an agency contract by giving notice in a record of cancellation to the athlete agent
not later than 14 days after the contract is signed.
(2) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete
may not waive the right to cancel an agency contract.
(3) If a student athlete, parent, or guardian cancels an agency contract, the athlete,
parent, or guardian is not required to pay any consideration under the contract or return any
consideration received from the athlete agent to influence the athlete to enter into the contract.
Section 13. Section 
58-87-304
, which is renumbered from Section 15-9-113 is
renumbered and amended to read:
[
15-9-113
].
 58-87-304.
Required records.
(1) An athlete agent shall 
create and
 retain [
the following records for a period of five
years
] 
for five years records of the following
:
(a) the name and address of each individual represented by the [
athlete
] agent;
(b) [
any
] 
each
 agency contract entered into by the [
athlete
] agent; and
(c) [
any
] 
the
 direct costs incurred by the [
athlete
] agent in the recruitment or
solicitation of [
a student-athlete
] 
each student athlete
 to enter into an agency contract.
(2) Records [
required by Subsection (1) to be retained
] 
described in Subsection (1)
 are
open to inspection by the division during normal business hours.
Section 14. Section 
58-87-401
, which is renumbered from Section 15-9-114 is
renumbered and amended to read:
Part 4. Prohibited Conduct and Penalties
[
15-9-114
].
 58-87-401.
Prohibited conduct.
[
(1) An athlete agent, with the intent to induce a student-athlete to enter into an agency
contract, may not:
]
[
(a) give any materially false or misleading information or make a materially false
promise or representation;
]
[
(b) furnish anything of value to a student-athlete before the student-athlete enters into
the agency contract; or
]
[
(c) furnish anything of value to any individual other than the student-athlete or another
registered athlete agent.
]
[
(2) An athlete agent may not intentionally:
]
[
(a) initiate contact with a student-athlete unless registered under this chapter;
]
[
(b) refuse or fail to retain or permit inspection of the records required to be retained by
Section 
15-9-113
;
]
[
(c) fail to register when required by Section 
15-9-104
;
]
[
(d) provide materially false or misleading information in an application for
registration or renewal of registration;
]
[
(e) predate or postdate an agency contract; or
]
[
(f) fail to notify a student-athlete before the student-athlete signs or otherwise
authenticates an agency contract for a particular sport that the signing or authentication may
make the student-athlete ineligible to participate as a student-athlete in that sport.
]
(1) An athlete agent, with the intent to influence a student athlete or, if the athlete is a
minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of
the following actions or encourage any other individual to take or assist any other individual in
taking any of the following actions on behalf of the agent:
(a) give materially false or misleading information or make a materially false promise
or representation;
(b) furnish anything of value to the athlete before the athlete enters into the contract; or
(c) furnish anything of value to an individual other than the athlete or another
registered athlete agent.
(2) An athlete agent may not intentionally do any of the following or encourage any
other individual to do any of the following on behalf of the agent:
(a) initiate contact, directly or indirectly, with a student athlete or, if the athlete is a
minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to
enter into an agency contract unless registered under this chapter;
(b) fail to create or retain or to permit inspection of the records required by Section
58-87-305
;
(c) fail to register when required by Section 
58-87-201
;
(d) provide materially false or misleading information in an application for registration
or renewal of registration;
(e) predate or postdate an agency contract; or
(f) fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the
athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport
that the signing may make the athlete ineligible to participate as a student athlete in that sport.
Section 15. Section 
58-87-402
, which is renumbered from Section 15-9-115 is
renumbered and amended to read:
[
15-9-115
].
 58-87-402.
Criminal penalties.
An athlete agent who violates Section [
15-9-114
] 
58-87-401
 is guilty of a class A
misdemeanor.
Section 16. Section 
58-87-403
, which is renumbered from Section 15-9-116 is
renumbered and amended to read:
[
15-9-116
].
 58-87-403.
Civil remedies.
(1) An educational institution [
has a right of action against an athlete agent or a former
student-athlete for damages caused by a violation of this chapter. In an action under this
section, the court may award to the prevailing party costs and reasonable attorney's fees.
] 
or
student athlete may bring an action for damages against an athlete agent if the institution or
athlete is adversely affected by an act or omission of the agent in violation of this chapter. An
educational institution or student athlete is adversely affected by an act or omission of the agent
only if, because of the act or omission, the institution or an individual who was a student
athlete at the time of the act or omission and enrolled in the institution:
(a) is suspended or disqualified from participation in an interscholastic or
intercollegiate sports event by or under the rules of a state or national federation or association
that promotes or regulates interscholastic or intercollegiate sports; or
(b) suffers financial damage.
[
(2) Damages of an educational institution under Subsection (1) include losses and
expenses incurred because, as a result of the conduct of an athlete agent or former
student-athlete, the educational institution was injured by a violation of this chapter or was
penalized, disqualified, or suspended from participation in athletics by a national association
for the promotion and regulation of athletics, by an athletic conference, or by reasonable
self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an
organization.
]
[
(3) A right of action under this section does not accrue until the educational institution
discovers or by the exercise of reasonable diligence would have discovered the violation by the
athlete agent or former student-athlete.
]
[
(4) Any liability of the athlete agent or the former student-athlete under this section is
several and not joint.
]
[
(5) This chapter does not restrict rights, remedies, or defenses of any person under law
or equity.
]
(2) A plaintiff that prevails in an action under this section may recover damages, costs,
and reasonable attorney fees. An athlete agent found liable under this section forfeits any right
of payment for anything of benefit or value provided to the student athlete and shall refund any
consideration paid to the agent by or on behalf of the athlete.
(3) This chapter does not restrict rights, remedies, or defenses of any person under law
or equity.
Section 17. Section 
58-87-404
, which is renumbered from Section 15-9-117 is
renumbered and amended to read:
[
15-9-117
].
 58-87-404.
Civil and administrative penalty.
(1) The division may assess a civil penalty against an athlete agent not to exceed
$25,000 for a violation of this chapter.
(2) An administrative penalty collected under Subsection (1) shall be deposited into the
Commerce Service Account created in Section 
13-1-2
.
Section 18. Section 
58-87-501
, which is renumbered from Section 15-9-118 is
renumbered and amended to read:
Part 5. Application and Construction
[
15-9-118
].
 58-87-501.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
Section 19. Section 
58-87-502
, which is renumbered from Section 15-9-119 is
renumbered and amended to read:
[
15-9-119
].
 58-87-502.
Electronic Signatures in Global and National Commerce
Act.
The provisions of this chapter [
governing the legal effect, validity, or enforceability of
electronic records or signatures, and of contracts formed or performed with the use of such
records or signatures conform to the requirements of Section 102 of the Electronic Signatures
in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and
supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.
]
modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act,
U.S.C. Sec. 7001 et seq., but do not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or
authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).