Pennsylvania Act 2002-180 — ATHLETICS AND SPORTS (5 PA.C.S.) - AMEND ATHLETE AGENTS

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Act text
ATHLETICS AND SPORTS (5 PA.C.S.) - AMEND ATHLETE AGENTS
                 Act of Dec. 9, 2002, P.L. 1423, No. 180              Cl. 05
                             Session of 2002
                               No. 2002-180

     HB 2411

                                  AN ACT

     Amending Title 5 (Athletics and Sports) of the Pennsylvania
        Consolidated Statutes, revising provisions relating to
        athlete agents.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Part II of Title 5 of the Pennsylvania
     Consolidated Statutes is repealed.
        Section 2.  Title 5 is amended by adding a part to read:
                                 PART II
                              ATHLETE AGENTS
     Subpart
       A.  General Provisions
       B.  Registration of Athlete Agents
                                SUBPART A
                            GENERAL PROVISIONS
     Chapter
       31.  Preliminary Provisions
                                CHAPTER 31
                          PRELIMINARY PROVISIONS
     Sec.
     3101.  Short title of part.
     3102.  Definitions.
     3103.  Administration.
     3104.  Service of process.
     3105.  Subpoenas.
     3106.  Rules and regulations.
     § 3101.  Short title of part.
        This part shall be known and may be cited as the Uniform
     Athlete Agents Act.
      § 3102.  Definitions.
        The following words and phrases when used in this part shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Agency contract."  Any contract or agreement in which an
     individual or a student athlete authorizes or empowers a person
     to negotiate or solicit on behalf of the individual or the
     student athlete one or more professional sports services
     contracts.
        "Athlete agent."  A person who enters into an agency contract
     with an individual or a student athlete or directly or
     indirectly recruits or solicits an individual or a student
     athlete to enter into an agency contract. The term does not
     include a spouse, parent, sibling, son, daughter or grandparent
     of the individual or student athlete, an individual acting
     solely on behalf of a professional sports team or a coach,
     trainer or other employee of a secondary or postsecondary school
     who is acting on behalf of a student athlete of the same
     secondary or postsecondary school, provided that such activities
     are within the scope of employment of the coach, trainer or
     other employee. The term includes a person who represents to the
     public that the person is an athlete agent.
        "Athletic director."  An individual responsible for
     administering the overall athletic program of an educational
     institution or, if an educational institution has separately
     administered athletic programs for male students and female
     students, the athletic program for males or the athletic program
     for females.
        "Commission."  The State Athletic Commission.
        "Contact."  A communication, direct or indirect, between an
     athlete agent and an individual or a student athlete to recruit
     or solicit the individual or student athlete to enter into an
     agency contract, including by telephonic, facsimile or other
     electronic method, mail, electronic mail or personal means.
        "Conviction."  A finding of guilt by a judge, jury, a plea of
     guilty or a plea of nolo contendere.
        "Department."  The Department of State of the Commonwealth.
        "Institution of higher education."  A public or private
     college or university, including a community college.
        "Intercollegiate sport."  A sport played at the collegiate
     level for which eligibility requirements for participation by a
     student athlete are established by a national association for
     the promotion or regulation of collegiate athletics.
        "Person."  An individual, corporation, partnership, limited
     liability company, association, joint venture, public
     corporation or any other legal or commercial entity.
        "Professional sports services contract."  A contract or
     agreement under which an individual is employed or agrees to
     render services as a player on a professional sports team, with
     a professional sports organization or as a professional athlete.
        "Record."  Information that is inscribed on a tangible medium
     or that is stored in an electronic or other medium and is
     retrievable in perceivable form.
        "Registration."  Registration as an athlete agent pursuant to
     Chapter 33 (relating to registration).
        "State."  A state of the United States, the District of
     Columbia, Puerto Rico, the United States Virgin Islands or any
     territory or insular possession subject to the jurisdiction of
     the United States.
        "Student athlete."  An individual who engages in, is eligible
     to engage in or may be eligible in the future to engage in any
     intercollegiate sport. If an individual is permanently
     ineligible to participate in a particular intercollegiate sport,
     the individual is not a student athlete for purposes of that
     sport.
      § 3103.  Administration.
        The commission shall administer this part.
      § 3104.  Service of process.
        By engaging in the business of an athlete agent in this
     Commonwealth, a nonresident individual appoints the Secretary of
     the Commonwealth as the individual's agent to accept service of
     process in any civil action related to the individual's business
     as an athlete agent in this Commonwealth.
      § 3105.  Subpoenas.
        The commission may issue subpoenas for any relevant material
     under this part.
      § 3106.  Rules and regulations.
        The commission shall have the power and duty to adopt and
     revise regulations in accordance with the act of June 25, 1982
     (P.L.633, No.181), known as the Regulatory Review Act, as are
     reasonably necessary to administer and effectuate the purposes
     of this part.
                                SUBPART B
                      REGISTRATION OF ATHLETE AGENTS
                                CHAPTER 33
                               REGISTRATION
     Sec.
     3301.  Athlete agent registration.
     3302.  Application for registration.
     3303.  Issuance of registration.
     3304.  Denial of registration.
     3305.  Renewal of registration.
     3306.  Period of registration.
     3307.  Suspension, revocation, restriction or refusal to renew
                registration.
     3308.  Fees.
     3309.  Form of contract for student athletes.
     3310.  Notice to educational institution.
     3311.  Student athlete's right to cancel.
     3312.  Required records.
     3313.  Prohibited acts.
     3314.  Civil remedies.
     3315.  Administrative penalty.
     3316.  Bonding requirements.
     3317.  Exemption from registration and bonding requirement.
     3318.  Disposition of commission receipts.
     3319.  Records.
     3320.  Transferability of registration.
      § 3301.  Athlete agent registration.
        (a)  Certificate of registration required.--Except as
     otherwise provided in subsection (b), a person shall not
     directly or indirectly serve or offer to serve as an athlete
     agent in this Commonwealth before being issued a certificate of
     registration under section 3303 (relating to issuance of
     registration). An out-of-State agent must register if the agent
     through direct or indirect contact recruits or solicits an
     individual or student athlete to enter into an agency contract
     or procures, offers, promises or attempts to obtain employment
     for an individual or student athlete with a Pennsylvania
     professional sports team as a professional athlete in this
     Commonwealth where any one or more of the following conditions
     apply:
            (1)  The athlete agent is a resident of this
        Commonwealth.
            (2)  The athlete is a resident of this Commonwealth or is
        attending an institution of higher education in this
        Commonwealth.
            (3)  The professional sports team has its home field or
        its corporate headquarters in this Commonwealth.
        (b)  Exception.--An unregistered out-of-State agent or person
     may act as an athlete agent in this Commonwealth before being
     issued a certificate of registration for all purposes except
     signing an agency contract if the following conditions are met:
            (1)  A student athlete or another acting on behalf of the
        student athlete initiates contact with the person.
            (2)  Within seven days after an initial act as an athlete
        agent, the person submits an application to register as an
        athlete agent in this Commonwealth.
            (3)  The unregistered out-of-State agent or person has
        never had registration issued under this chapter or a
        predecessor statute revoked by the commission.
        (c)  Certain contracts void.--An agency contract resulting
     from conduct in violation of this section is void. The athlete
     agent shall return any consideration received under the
     contract.
      § 3302.  Application for registration.
        (a)  Procedure.--An applicant for registration shall submit
     an application for registration to the commission in writing on
     a form supplied by the commission and approved by the
     department. Except as otherwise provided in subsection (b), the
     application must be in the name of an individual and be verified
     by the applicant and must state, contain or be accompanied by:
            (1)  The information required by this chapter and such
        other information as the commission may reasonably require.
            (2)  A processing fee of $100.
            (3)  The name of the applicant and the address of the
        applicant's principal place of business.
            (4)  The name of the applicant's business or employer, if
        applicable.
            (5)  Any business or occupation engaged in by the
        applicant for the five years next preceding the date of
        submission of the application.
            (6)  A description of the applicant's:
                (i)  Formal training as an athlete agent.
                (ii)  Practical experience as an athlete agent.
                (iii)  Educational background relating to the
            applicant's activities as an athlete agent.
            (7)  The names and addresses of three individuals not
        related to the applicant who are willing to serve as
        references.
            (8)  The name, sport and last known team for each
        individual for whom the applicant provided services as an
        athlete agent during the five years next preceding the date
        of submission of the application.
            (9)  The names and addresses of all persons who are:
                (i)  With respect to the athlete agent's business if
            it is not a corporation, the partners, officers,
            associates or profit-sharers.
                (ii)  With respect to a corporation employing the
            athlete agent, the officers, directors and any
            shareholder of the corporation with a 5% or greater
            interest.
            (10)  Whether the applicant or any other person named
        pursuant to paragraph (9) has been convicted of a crime that,
        if committed in this Commonwealth, would be a felony or other
        crime involving moral turpitude, and identify the crime.
            (11)  Whether there has been any administrative or
        judicial determination that the applicant or any other person
        named pursuant to paragraph (9) has made a false, misleading,
        deceptive or fraudulent representation.
            (12)  Any instance in which the conduct of the applicant
        or any other person named pursuant to paragraph (9) resulted
        in the imposition of a sanction, suspension or declaration of
        ineligibility to participate in an interscholastic or
        intercollegiate athletic event on a student athlete or
        educational institution.
            (13)  Any sanction, suspension or disciplinary action
        taken against the applicant or any other person named
        pursuant to paragraph (9) arising out of occupational or
        professional conduct.
            (14)  Whether there has been any denial of an application
        for, suspension or revocation of or refusal to renew the
        registration or licensure of the applicant or any other
        person named pursuant to paragraph (9) as an athlete agent in
        any state.
        (b)  Out-of-State agents.--A person who has submitted an
     application for and received a certificate of registration or
     licensure as an athlete agent in another state may submit a copy
     of the application and a valid certificate of registration or
     licensure from the other state in lieu of submitting an
     application in the form prescribed pursuant to subsection (a).
     The commission shall accept the application and the certificate
     from the other state as an application for registration in this
     Commonwealth if the application to the other state:
            (1)  Was submitted in the other state within the six
        months next preceding the submission of the application in
        this Commonwealth and the applicant certifies the information
        contained in the application is current.
            (2)  Contains information substantially similar to or
        more comprehensive than that required in an application
        submitted in this Commonwealth.
            (3)  Was signed by the applicant.
            (4)  The unregistered out-of-State agent has never had
        registration issued under this chapter or a predecessor
        statute revoked by the commission.
        (c)  Criminal background check.--Every applicant shall
     complete an application or process as may be necessary to
     request the Pennsylvania State Police to provide a copy of the
     applicant's criminal history record to the commission.
      § 3303.  Issuance of registration.
        Except as otherwise provided in section 3304 (relating to
     denial of registration), the commission shall issue a
     certificate of registration to a person:
            (1)  Who complies with section 3302(a) and (c) (relating
        to application for registration).
            (2)  Whose application has been accepted under section
        3302(b).
            (3)  Who is 21 years of age or older.
            (4)  Who possesses good moral character.
            (5)  Who neither at the time of application nor within
        ten years prior to the time of application has been finally
        found to have participated in any conduct that led to the
        imposition of sanctions against an individual or student
        athlete, institution of higher education or professional
        sports team by any association or organization that
        establishes rules for the conduct of amateur or professional
        sports.
      § 3304.  Denial of registration.
        (a)  Grounds.--The commission may refuse to issue a
     certificate of registration if the commission determines that
     the applicant has engaged in conduct that has a significant
     adverse effect on the applicant's fitness to serve as an athlete
     agent. In making the determination, the commission may consider
     whether the applicant has:
            (1)  Made a materially false, misleading, deceptive or
        fraudulent representation as an athlete agent or in the
        application.
            (2)  Engaged in conduct that would disqualify the
        applicant from serving in a fiduciary capacity.
            (3)  Engaged in conduct prohibited by section 3313
        (relating to prohibited acts).
            (4)  Had a registration or licensure as an athlete agent
        suspended, revoked or denied or been refused renewal of
        registration or licensure in any state.
            (5)  Engaged in conduct that significantly adversely
        reflects on the applicant's credibility, honesty or
        integrity.
        (b)  Additional considerations.--In making a determination
     under subsection (a), the commission shall consider:
            (1)  How recently the conduct occurred.
            (2)  The nature of the conduct and the context in which
        it occurred.
            (3)  Any other relevant conduct of the applicant.
        (c)  Issuance of registration prohibited.--The commission
     shall not issue athlete agent registration to or renew the
     athlete agent registration of a person who has been convicted of
     any of the following offenses, or any comparable offense in
     another jurisdiction, within ten years of the date of
     application:
            (1)  An offense under the act of April 14, 1972 (P.L.233,
        No.64), known as The Controlled Substance, Drug, Device and
        Cosmetic Act.
            (2)  An offense under the following provisions of 18
        Pa.C.S. (relating to crimes and offenses):
                Section 902 (relating to criminal solicitation).
                Section 908 (relating to prohibited offensive
            weapons).
                Section 2502 (relating to murder).
                Section 2901 (relating to kidnapping).
                Section 3121 (relating to rape).
                Section 3126 (relating to indecent assault).
                Section 3923 (relating to theft by extortion).
                Section 4109 (relating to rigging publicly exhibited
            contest).
                Section 4302 (relating to incest).
                Section 4304 (relating to endangering welfare of
            children).
                Section 4305 (relating to dealing in infant
            children).
                Section 4701 (relating to bribery in official and
            political matters).
                Section 4902 (relating to perjury).
                Section 5501 (relating to riot).
                Section 5504 (relating to harassment and stalking by
            communication or address).
                Section 5512 (relating to lotteries, etc.).
                Section 5513 (relating to gambling devices, gambling,
            etc.).
                Section 5514 (relating to pool selling and
            bookmaking).
                Section 5901 (relating to open lewdness).
                Section 5902 (relating to prostitution and related
            offenses).
                Section 5903 (relating to obscene and other sexual
            materials and performances).
                Section 5904 (relating to public exhibition of insane
            or deformed person).
                Section 6301 (relating to corruption of minors).
                Section 6312 (relating to sexual abuse of children).
                Section 7107 (relating to unlawful actions by athlete
            agents).
            (3)  The commission shall not issue registration to any
        person who has been found by the commission to have engaged
        in the activities of an athlete agent in this Commonwealth
        without acquiring registration as required by this chapter
        within 12 months prior to the date of application.
      § 3305.  Renewal of registration.
        (a)  Procedure.--An athlete agent may apply to renew a
     registration by submitting an application for renewal in writing
     on a form supplied by the commission and approved by the
     department. The application for renewal must be in the name of
     an individual and be verified by the applicant and must state,
     contain or be accompanied by:
            (1)  Current information on all matters required in an
        original registration.
            (2)  Such other information as the commission may
        reasonably require.
            (3)  A processing fee of $100.
        (b)  Out-of-state agents.--An individual who has submitted an
     application for renewal of registration or licensure in another
     state, in lieu of submitting an application for renewal in the
     form prescribed under subsection (a), may file a copy of the
     application for renewal and a valid certificate of registration
     from the other state. The commission shall accept the
     application for renewal from the other state as an application
     for renewal in this Commonwealth if the application to the other
     state:
            (1)  Was submitted to the other state within the last six
        months and the applicant certifies the information contained
        in the application for renewal is current.
            (2)  Contains information substantially similar to or
        more comprehensive than that required in an application for
        renewal submitted in this Commonwealth.
            (3)  Was verified by the applicant.
            (4)  The unregistered out-of-State agent has never had
        registration issued under this chapter or a predecessor
        statute revoked by the commission.
      § 3306.  Period of registration.
        A certificate of registration or a renewal of a registration
     is valid for two years.
      § 3307.  Suspension, revocation, restriction or refusal to
                renew registration.
        (a)  Investigation.--The commission or its designee may
     review the operations of all registered athlete agents and shall
     prepare a written report for review by the commission.
        (b)  Cease and desist order.--The commission may issue an
     immediate cease and desist order against an athlete agent who
     has been found preliminarily by the commission to have committed
     a violation of 18 Pa.C.S. § 7107 (relating to unlawful actions
     by athlete agents) or a violation of this chapter. Within 20
     days of issuance of the cease and desist order, the commission
     shall conduct a hearing to determine whether the cease and
     desist order should be dissolved or made permanent.
        (c)  Registration suspension, revocation, restriction or
     refusal to renew.--The commission may suspend, revoke, restrict
     or otherwise limit registration or refuse to renew a
     registration for conduct that would have justified denial of
     registration under section 3304(a) (relating to denial of
     registration).
        (d)  Notice and hearing.--The commission may deny, suspend,
     revoke, restrict or otherwise limit registration or refuse to
     renew a registration only after proper notice and an opportunity
     for a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A
     (relating to practice and procedure of Commonwealth agencies).
        (e)  Reciprocal disciplinary or corrective action.--The
     commission may deny, suspend, revoke, restrict or otherwise
     limit registration or refuse to renew a registration of an
     athlete agent on the basis of a disciplinary or corrective
     action having been taken against the athlete agent in another
     state, territory, possession or country, a branch of the Federal
     Government or by an athletic association.
      § 3308.  Fees.
        (a)  Amounts.--An application for registration or renewal of
     registration must be accompanied by a fee in the following
     amount:
            (1)  $200 for an initial application for registration for
        an individual or sole proprietor and $400 for a partnership,
        association, corporation or other legal entity.
            (2)  $150 for an application for registration based upon
        a certificate of registration or licensure issued by another
        state for an individual or sole proprietor and $300 for a
        partnership, association, corporation or other legal entity.
            (3)  $200 for an application for renewal of registration
        for an individual or sole proprietor and $400 for a
        partnership, association, corporation or other legal entity.
            (4)  $150 for an application for renewal of registration
        based upon an application for renewal of registration or
        licensure submitted in another state for an individual or
        sole proprietor and $400 for a partnership, association,
        corporation or other legal entity.
        (b)  Fee increase.--If the revenues raised by fees, fines and
     civil penalties imposed in accordance with this chapter are not
     sufficient to match the expenditures necessary to carry out the
     provisions of this chapter, the commission shall increase those
     fees by regulation so that the revenues match the expenditures.
      § 3309.  Form of contract for student athletes.
        (a)  Form generally.--An agency contract must be in a record
     and signed by the parties.
        (b)  Contents.--An agency contract must state or contain:
            (1)  The amount and method of calculating the
        consideration to be paid by the student athlete for services
        to be provided by the athlete agent under the contract and
        any other consideration the athlete agent has received or
        will receive from any other source for entering into the
        contract or for providing the services.
            (2)  The name of any person not listed in the application
        for registration or renewal who will be compensated because
        the student athlete signed the agency contract.
            (3)  A description of any expenses that the student
        athlete agrees to reimburse.
            (4)  A description of the services to be provided to the
        athlete student.
            (5)  The duration of the contract.
            (6)  The date of execution.
        (c)  Notice.--An agency contract must contain in close
     proximity to the signature of the student athlete a conspicuous
     notice in boldface type in capital letters stating:
                        WARNING TO STUDENT ATHLETE
        If you sign this contract:
            (1)  You may lose your eligibility to compete as a
        student athlete in your sport.
            (2)  Both you and your athlete agent are required to tell
        your athletic director, if you have an athletic director, and
        the commission within 72 hours after entering into an agency
        contract.
            (3)  You may cancel this contract within 14 days after
        signing it. Cancellation of the contract may not reinstate
        your eligibility.
        (d)  Contracts not in conformity.--An agency contract that
     does not conform to this section is voidable by the student
     athlete.
        (e)  Contract copy to student athlete.--The athlete agent
     shall give a copy of the signed agency contract to the student
     athlete at the time of signing.
      § 3310.  Notice to educational institution.
        Within 72 hours after entering into an agency contract or
     before the next scheduled athletic event in which the student
     athlete may participate, whichever occurs first:
            (1)  The athlete agent shall give notice in a record of
        the existence of the contract to the athletic director of the
        educational institution at which the student athlete is
        enrolled or the athlete agent has reasonable grounds to
        believe the student athlete intends to enroll and to the
        commission.
            (2)  The student athlete shall inform the athletic
        director of the educational institution at which the student
        athlete is enrolled that the student athlete has entered into
        an agency contract and to the commission.
      § 3311.  Student athlete's right to cancel.
        (a)  Procedure.--A student athlete may cancel an agency
     contract by giving notice in a record to the athlete agent of
     the cancellation within 14 days after the contract is signed.
        (b)  Waiver not permitted.--A student athlete may not waive
     the right to cancel an agency contract.
        (c)  Consideration.--If a student athlete cancels an agency
     contract, the student athlete is not required to pay any
     consideration under the contract or to return any consideration
     received from the agent to induce the student athlete to enter
     into the contract.
      § 3312.  Required records.
        (a)  General rule.--An athlete agent shall retain the
     following records for a period of five years:
            (1)  The name and address of each individual represented
        by the athlete agent.
            (2)  Any agency contract entered into by the athlete
        agent.
            (3)  Any direct costs incurred by the athlete agent in
        the recruitment or solicitation of a student athlete.
        (b)  Records open to inspection.--Records required by
     subsection (a) to be retained are open to inspection by the
     commission during normal business hours.
      § 3313.  Prohibited acts.
        An athlete agent may not:
            (1)  Initiate contact with a student athlete unless
        registered under this part.
            (2)  Refuse or willfully fail to retain or permit
        inspection of the records required by section 3312 (relating
        to required records).
            (3)  Violate section 3301 (relating to athlete agent
        registration) by failing to register.
            (4)  Provide materially false or misleading information
        in an application for registration or renewal of
        registration.
            (5)  Predate or postdate an agency contract.
            (6)  Fail to notify a student athlete prior to the
        student athlete's signing an agency contract for a particular
        sport that the signing by the student athlete may make the
        student athlete ineligible to participate as a student
        athlete in that sport.
            (7)  Enter into an oral or written contract or
        professional sport services contract with a student athlete
        before the student athlete's eligibility for collegiate
        athletics has expired.
            (8)  Before the student athlete's eligibility for
        collegiate athletics has expired, give, offer or promise
        anything of value to:
                (i)  a student athlete;
                (ii)  any member of the student athlete's immediate
            family; or
                (iii)  any individual who substantially contributes
            to the economic support of the student athlete. For
            purposes of this subparagraph, an individual shall be
            deemed to have substantially contributed to the economic
            support of a student athlete if the individual provides
            25% or more of the cost of tuition, room and board and
            incidental expenses of the student athlete's education or
            provides to the student athlete at minimal or no cost
            non-college-based lodging or meals or transportation to
            and from college classes.
            (9)  Give, offer or promise an oral or written contract
        which would require the athlete agent to give, offer or
        promise anything of value to any employee of an institution
        of higher education in return for a referral of a student
        athlete by the employee.
            (10)  Engage in the activities of an athlete agent
        without a current valid registration.
            (11)  Violate any provision of this part or regulation of
        the commission.
      § 3314.  Civil remedies.
        (a)  Right of action.--An educational institution has a right
     of action against an athlete agent or a former student athlete
     for damages caused by a violation of this part or for a
     violation of 18 Pa.C.S. § 7107 (relating to unlawful actions by
     athlete agents). In an action under this section, the court may
     award to the prevailing party costs and reasonable attorney
     fees.
        (b)  Damages.--Damages of an educational institution under
     subsection (a) include losses and expenses incurred because, as
     a result of the activities of an athlete agent or former student
     athlete, the educational institution was injured by a violation
     of this part or was penalized, disqualified or suspended from
     participation in athletics by a national association for the
     promotion and regulation of athletics, by an athletic conference
     or by reasonable self-imposed disciplinary action taken to
     mitigate sanctions.
        (c)  Accrual of action.--A right of action under this section
     does not accrue until the educational institution discovers or
     by the exercise of reasonable diligence would have discovered
     the violation by the athlete agent or former student athlete.
        (d)  Liability.--Any liability of the athlete agent or the
     former student athlete under this section is several and not
     joint.
        (e)  Other rights and remedies.--This part does not restrict
     rights, remedies or defenses of any person under law.
      § 3315.  Administrative penalty.
        (a)  Civil penalty.--The commission may assess a civil
     penalty against an athlete agent not to exceed $25,000 per
     violation of this part or per violation of 18 Pa.C.S. § 7107
     (relating to unlawful actions by athlete agents).
        (b)  Injunctive relief.--The commission may, in the name of
     the people of this Commonwealth, through the Office of Attorney
     General, apply for injunctive relief in any court of competent
     jurisdiction to enjoin any person from committing any act in
     violation of this chapter. Injunctive relief shall be in
     addition to and not in lieu of all penalties and other remedies
     in this chapter.
      § 3316.  Bonding requirements.
        (a)  Amount.--Before any athlete agent registration is
     issued, the applicant shall be required to execute and file a
     surety bond with the commission in such reasonable amount, but
     not less than $20,000, as the commission shall require.
        (b)  Bond forms.--All bonds shall be upon forms supplied by
     the commission and which have been approved by the department.
     All bonds shall be accompanied by a $25 filing fee.
        (c)  Conditions of bond.--The surety bond shall be
     conditioned upon the following:
            (1)  Compliance with this chapter.
            (2)  The payment of all sums due a person at the time the
        sums are due and payable.
            (3)  The payment of damages suffered by any person as a
        result of intentional or unintentional misstatements,
        misrepresentation, fraud, deceit or unlawful or negligent
        acts of the student athlete agent while acting as a student
        athlete agent.
        (d)  Alternate security.--
            (1)  In lieu of a surety bond, a registrant may deposit
        with the commission cash, a certified check or a letter of
        credit in an equivalent amount. The provisions of this
        section regarding bonds shall apply to the alternate security
        provided for in this subsection.
            (2)  The security shall not be returned to a registrant
        until one year after the student athlete agent's registration
        has expired. After that time if there are no claims against
        the registered athlete agent, the alternate security shall be
        returned to the depositor.
        (e)  Recovery on bond.--Recovery may be had on a bond or
     deposit of alternate security in the same manner as penalties
     are recoverable at law.
      § 3317.  Exemption from registration and bonding requirement.
        (a)  Immediate family members.--Athlete agents who are
     representing an immediate family member are exempt from the
     provisions of this chapter.
        (b)  Definition.--As used in this section, the term
     "immediate family" means a spouse, parent, sibling, son,
     daughter or grandparent.
      § 3318.  Disposition of commission receipts.
        All fees, civil penalties, forfeitures and other moneys
     collected under this chapter and the regulations of the
     commission shall be paid into the Athletic Commission
     Augmentation Account.
      § 3319.  Records.
        A record of all persons registered under this chapter shall
     be kept in the office of the commission and shall be open to
     public inspection and copying upon payment of a nominal fee for
     copying the record.
      § 3320.  Transferability of registration.
        No registration issued under this chapter shall be assignable
     or transferable. In the event of a corporate change of status,
     the entity must register within 90 days.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER

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