Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 102, Title 59 of the 1976 Code is amended to read:
Section 59-102-10. This
chapter may be cited as the 'Uniform Athlete Agents Act of
2004 2017'.
Section 59-102-20. In
this chapter:
(1) 'Agency contract'
means an agreement in which a student athlete authorizes a
person to negotiate or solicit on behalf of the student athlete
a professional sports services contract or an endorsement
contract.
(2) '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,
grandparent, or guardian of the student athlete or an individual
acting solely on behalf of a professional sports team or
professional sports organization
(a)
means an individual, 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;
but
(b)
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 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) 'Educational
institution' includes a public or private elementary school,
secondary school, technical or vocational school, community
college, college, and university.
(6) 'Endorsement
contract' means an agreement under which a student athlete is
employed or receives consideration to use a product or
service based on behalf of another party any
value the student athlete has because of publicity, reputation,
following, or fame obtained from athletic ability or
performance.
(7)
'Enrolled' means registered for courses and attending
athletic practice or class. 'Enrolls' has a corresponding
meaning.
(68)
'Intercollegiate sport' means 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
that promotes or regulates collegiate athletics.
(9)
'Interscholastic sport' means a sport played between
educational institutions that are not community colleges,
colleges, or universities.
(10)
'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.
(711)
'Person' means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, other legal or
commercial entity, or government, governmental subdivision,
agency, or instrumentality.
(812)
'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.
(913)
'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.
(14) 'Recruit
or solicit' means attempt 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. The term does not include
giving advice on the selection of a particular agent in a
family, coaching, or social situation unless the indiviual
giving the advice does so because of the receipt or anticipated
receipt of an economic benefit, directly or indirectly, from the
agent.
(1015)
'Registration' means registration as an athlete
agent pursuant to this chapter.
(16) 'Sign'
means, with present intent to authenticate or adopt a record,
to:
(a)
execute or adopt a tangible symbol; or
(b)
attach to or logically associate with the record
an electronic symbol, sound, or process.
(1117)
'State' means the State of South Carolina when
referring to this State or 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 when referring to another
state.
(1218)
'Student athlete' means an individual who engages
in, is eligible to engage in, or may be eligible in the future
to engage in an interscholastic or intercollegiate sport.
If an individual is permanently ineligible to participate in a
particular interscholastic or intercollegiate sport, the
individual is not a student athlete for purposes of that sport.
Section 59-102-30. (A)
The provisions of the Administrative
Procedures Act of Chapter 23, Title 1 apply to this chapter.
The Department of Consumer Affairs may promulgate regulations to
effectuate the purposes of this chapter.
(B) By
acting as an athlete agent in this State, a nonresident person
appoints the Director of the Department of Consumer Affairs as
his agent for service of process in a civil action in this State
related to his acting as an athlete agent in this State.
(BC)
The Department of Consumer Affairs may issue subpoenas for
material relevant to the administration of this chapter.
Section 59-102-40. (A)
Except as otherwise provided in subsection
(B), a person may not act as an athlete agent in this State
without holding a certificate of registration pursuant to
Section 59-102-60 or 59-102-80.
(B) Before being issued
a certificate of registration, a person may act as an athlete
agent in this State for all purposes except signing an agency
contract if:
(1)
a student athlete or one acting on behalf of the student
athlete initiates communication with the person; and
(2)
within seven days after an initial act as an athlete
agent, the person submits an application for registration as an
athlete agent in this State.
(C) An agency contract
resulting from conduct in violation of this section is void and
the athlete agent shall return all consideration received
pursuant to the contract.
Section 59-102-50. (A)
An applicant for registration shall submit
an application for registration to the Department of Consumer
Affairs in a form prescribed by the department of
Consumer Affairs. An application filed pursuant to this
section is a public record. The application must be in the name
of a person and, except as otherwise provided in subsection (B),
signed or otherwise authenticated by the applicant under penalty
of perjury and state or contain:
(1)
the name, date of birth, and place of birth of the
applicant and the address of the applicant's principal
place of business;:
(a)
the address of his principal place of
business;
(b)
his work and mobile telephone numbers; and
(c)
any means of communicating with him
electronically, including:
(i)
facsimile number;
(ii)
electronic mail address; and
(iii)
personal, business, or employer
websites;
(2)
the name of the applicant's business or employer, if
applicable, including for each business or employer its
mailing address, telephone number, organizational form, and the
nature of the business;
(3)
each social media account with which the applicant, his
business, or his employer is affiliated;
(4)
any business or occupation engaged in by the
applicant for the five years next preceding the date of
submission 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;
(45) a
description of the applicant's:
(a)
formal training as an athlete agent;
(b)
practical experience as an athlete agent; and
(c)
educational background relating to his activities as an
athlete agent;
(56) the names
and addresses of three individuals not related to the applicant
who are willing to serve as references;
(67) 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, or, if
the individual is a minor, the name of his parent or
guardian;
(78) the names
and addresses of all persons who are:
(a)
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 who hold an
equity interest of five percent or greater in that business;
and
(b)
with respect to a corporation employing the athlete agent,
the officers, directors, and any shareholder of the corporation
having an interest of five percent or greater;
(89) whether
the applicant or a person named pursuant to item
(78) has been convicted of a crime that
would be a crime involving moral turpitude or a felony if
committed in this State, and identification of the:
(a)
crime;
(b)
law enforcement agency involved; and
(c)
if applicable, the date of conviction and the
fine or penalty imposed;
(10)
whether, within fifteen years before the date of
application, the applicant or a person named under item (8) has
been a defendant or respondent in a civil proceeding, including
a proceeding seeking an adjudication of legal incompetence and,
if so, the date and a full explanation of each proceeding;
(11)
whether the applicant or a person named under
item (8) has an unsatisfied judgment or a judgment of continuing
effect, including alimony or a family court order for child
support, which is not current at the date of the
application;
(12)
whether, within ten years before the date of
application, the applicant or a person named under paragraph (8)
was adjudicated bankrupt or was an owner of a business that was
adjudicated bankrupt;
(913) whether
there has been any administrative or judicial determination that
the applicant or a person named pursuant to item
(78) has made a false, misleading,
deceptive, or fraudulent representation;
(1014) an
instance in which the conduct of the applicant or a person named
pursuant to item (78) resulted in the
imposition against a student athlete or educational institution
of a sanction, suspension, or declaration of ineligibility to
participate in an interscholastic or intercollegiate athletic
event;
(1115) a
sanction, suspension, or disciplinary action taken against the
applicant or a person named pursuant to item
(78) arising out of occupational or
professional conduct; and
(1216) whether
there has been a denial of an application for, suspension or
revocation of, or refusal to renew the registration or licensure
of the applicant or a person named pursuant to item
(78) as an athlete agent in any
state;
(17)
each state in which the applicant currently is
registered as an athlete agent or has applied to be registered
as an athlete agent;
(18)
if the applicant is certified or registered by a
professional league or players association:
(a)
the name of the league or association;
(b)
the date of certification or registration, and
the date of expiration of the certification or registration, if
any; and
(c)
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
(19) any
additional information required by the department.
(B) Instead of
submitting an application in the form prescribed pursuant to
subsection (A), an applicant for registration in this State,
who has applied for and holds a certificate, registration, or
licensure as an athlete agent in another state, may submit
a copy of that application and certificate instead of
submitting an application in the form prescribed pursuant to
subsection (A):
(1)
a copy of the application for registration in
the other state;
(2)
a statement that:
(a)
identifies any material change in the
information on the application described in item (1), cosigned
under penalty of perjury; or
(b)
verifies there is no such material change
provided in subitem (a), signed under penalty of perjury;
and
(3)
a copy of the certificate of registration from
the other state.
(C) The
Department of Consumer Affairs shall accept the application and
the certificate from the other state as an application for
registration in this State and issue a certificate of
registration to the applicant if the application to the
other state:
(1)
was submitted in the other state within six months next
preceding the submission of the application in this State and
the applicant certifies that 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 State; and
(3)
was signed by the applicant under penalty of perjury;
and
(4)
the registration has not been revoked or
suspended and no action involving the person's conduct as an
athlete agent is pending against the person or his registration
in any state.
(D) For
purposes of implementing the provisions of subsection (C), the
department shall:
(1)
cooperate with national organizations concerned
with athlete agent issues and agencies in other states which
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
(2)
exchange information, including information
related to actions taken against registered athlete agents or
their registrations, with those organizations and agencies.
Section 59-102-60.
(A) Except as otherwise provided in
subsection (B), the Department of Consumer Affairs shall issue a
certificate of registration to a person who complies with
Section 59-102-50(A) or whose application has been accepted
pursuant to Section 59-102-50(B).
(B) The department
of Consumer Affairs may refuse to issue a
certificate of registration if he determines the applicant has
engaged in conduct that has a significantly adverse effect on
the applicant's fitness to act as an athlete agent. In making
the determination, the department of Consumer
Affairs may consider whether the applicant has:
(1)
pleaded guilty or no contest to, has been convicted
of, or has charges pending for a crime that would be a
crime involving moral turpitude or a felony if committed in this
State;
(2)
made a materially false, misleading, deceptive, or
fraudulent representation in the application or as an athlete
agent;
(3)
engaged in conduct that would disqualify the applicant
from serving in a fiduciary capacity;
(4)
engaged in conduct prohibited by Section 59-102-140;
(5)
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;
(6)
engaged in conduct resulting in the imposition against a
student athlete or educational institution of a sanction,
suspension, or declaration of ineligibility to participate in an
interscholastic or intercollegiate athletic event; or
(7)
engaged in conduct that significantly adversely reflects
on the applicant's credibility, honesty, or integrity.
(C) In making a
determination pursuant to subsection (B), the department
of Consumer Affairs shall consider:
(1)
how recently the conduct occurred;
(2)
the nature of the conduct and the context in which it
occurred; and
(3)
other relevant conduct of the applicant.
(D) An athlete agent
registered under subsection (A) may apply to renew a
registration by submitting an application for renewal in a form
prescribed by the department of Consumer
Affairs. An application filed pursuant to this section
is a public record. The application for renewal must be signed
by the applicant under penalty of perjury and must contain
current information on all matters required in an original
registration.
(E) A person
who has submitted an application for renewal of registration or
licensure in another state may file a copy of that application
for renewal and a valid certificate of registration or licensure
from the other state instead of submitting an application for
renewal in the form prescribed pursuant to subsection
(D). An athlete agent registered pursuant to Section
59-102-50(C) may renew the registration by proceeding under
Section 59-102-50(D) or, if registration in the other state has
been renewed, by submitting to the department copies of the
application for renewal in the other state and the renewed
registration from the other state. The department of
Consumer Affairs 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:
(1) was
submitted in the other state within six months next preceding
the filing in this State 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
State; and
(3) was
signed by the applicant under penalty of perjury
renew the registration if it determines:
(1)
registration requirements of the other state are
substantially similar to or more restrictive than this chapter;
and
(2)
the renewed registration has not been suspended
or revoked and no action involving the person's conduct as an
athlete agent is pending against him or his registration in any
state.
(F) A certificate of
registration or a renewal of a registration is valid for two
years.
Section 59-102-70. (A)
The Department of Consumer Affairs may
limit, suspend, revoke, or refuse to renew a registration
of a person registered pursuant to Section 59-102-60(A)
for conduct that would have justified denial of registration
pursuant to Section 59-102-60(B).
(B) A person
aggrieved by an action taken by the department pursuant to this
subsection or pursuant to Section 59-102-60(B) may request
review by filing a request for a contested case hearing with the
Administrative Law Court.
(C)
The Department of Consumer Affairs may file a
request for a contested case hearing with the Administrative Law
Court for an order revoking or suspending the registration of an
athlete agent for cause or for a violation of a provision of
this chapter The department may suspend or revoke
the registration of a person registered pursuant to Section
59-102-50(C) or renewed pursuant to Section 59-102-60(E) for any
reason for which the department could have refused to grant or
renew registration or for conduct that would justify refusal to
issue a certificate of registration pursuant to Section
59-102-60(B).
Section 59-102-80. The Department of Consumer Affairs may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.
Section 59-102-90. An
application for registration or renewal of registration must be
accompanied by a fee of:
(1) five hundred
dollars for an initial application for registration;
or
(2) five hundred
dollars for registration based on a certificate of registration
issued by another state;
(3) three
hundred dollars for an application for renewal of
registration; or
(4) three
hundred dollars for renewal of registration based on a renewal
of registration in another state.
Section 59-102-100. (A)
An agency contract must be in a record that
is signed or otherwise authenticated by the parties.
(B) An agency contract
must include:
(1)
in a statement that the athlete agent is registered as
an athlete agent in this State and a list of other states in
which he is registered as an athlete agent;
(2)
the amount and method of calculating the
consideration to be paid by the student athlete for services
provided by the athlete agent under the contract and other
consideration the athlete agent receives from another source for
entering into the contract or for providing the services;
(23) the name
of a person not listed in the application for registration or
renewal of registration to be compensated because the student
athlete signed the agency contract;
(34) a
description of expenses the student athlete agrees to
reimburse;
(45) a
description of the services to be provided to the student
athlete;
(56) the
duration of the contract; and
(67) the date
of execution.
(C) Subject to the
provisions of subsection (G), 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) IF YOU HAVE
AN ATHLETIC DIRECTOR, BOTH YOU AND YOUR ATHLETE AGENT MUST
NOTIFY YOUR ATHLETIC DIRECTOR WITHIN 72 HOURS AFTER ENTERING
INTO THIS CONTRACT IF YOU HAVE AN ATHLETIC DIRECTOR,
WITHIN SEVENTY-TWO 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.'
(D) 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
consideration under the contract or to return consideration
received from the athlete agent to induce the student athlete to
enter into the contract.
(E)
The athlete agent shall give a record of the
signed or otherwise authenticated agency contract to the student
athlete at the time of execution 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.
(E) 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.
(F) 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 acknowledgement required by subsection
(D).
(G) 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 (C) must be revised accordingly.
Section 59-102-110. (A)
Within seventy-two 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.
(B)
Within seventy-two 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
In this section, 'communicating or attempting to communicate'
means contacting or attempting to contact by an in-person
meeting, a record, or another method that conveys or attempts to
convey a message.
(B) Not
later than seventy-two 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.
(C) Not
later than seventy-two 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.
(D) 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
seventy-two hours after the agent knew or should have known the
athlete enrolled.
(E) 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:
(1)
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
(2)
the agent directly or indirectly recruited or
solicited the athlete to enter an agency contract before the
enrollment.
(F) An
athlete agent shall give notice in a record to the athletic
director of an educational institution at which a student
athlete is enrolled before the agent communicates or attempts to
communicate with:
(1)
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
(2)
another person to have that person influence the
athlete or, if the athlete is a minor, the parent or guardian of
the athlete to enter into an agency contract.
(G) If a
communication or attempt to communicate with an athlete agent is
initiated by a student athlete or another person 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 ten days
after the communication or attempt.
(H) An
educational institution that becomes aware of a violation of
this chapter by an athlete agent shall notify the Department of
Consumer Affairs and a professional league or players'
association with which the institution is aware the agent is
licensed or registered of the violation.
Section 59-102-120. (A)
A student athlete, or if the athlete is a
minor, his parent or guardian may cancel an agency contract
by giving notice of the cancellation to the athlete agent in a
record within fourteen days after the contract is signed.
(B) A student
athlete may not waive The right to cancel an agency
contract provided in subsection (A) may not be
waived.
(C) If a student
athlete, parent, or guardian cancels an agency contract,
the student athlete, parent, or guardian is not required
to pay consideration under the contract or to return
consideration received from the athlete agent to induce the
student athlete to enter into the contract.
Section 59-102-130. (A)
An athlete agent shall retain the following
records for a period of five years:
(1)
the name and address of each individual
person represented by the athlete agent;
(2)
an agency contract entered into by the athlete agent;
and
(3)
direct costs incurred by the athlete agent in the
recruitment or solicitation of a student athlete to enter into
an agency contract.
(B) Records retained
pursuant to subsection (A) are open to inspection by the
Department of Consumer Affairs during normal business hours.
Section 59-102-140. (A)
An athlete agent, with the intent to induce
a student athlete or, if the student athlete is a minor, a
parent or guardian of the student athlete to enter into an
agency contract, may not take any of the following actions or
encourage another person to take or assist another person in
taking any of the following actions on behalf of the athlete
agent:
(1)
give materially false or misleading information or make a
materially false promise or representation;
(2)
furnish anything of value to a student athlete before the
student athlete enters into the agency contract; or
(3)
furnish anything of value to an individual other than the
student athlete or another registered athlete agent.
(B) An athlete agent
may not intentionally do any of the following or encourage
another person to do any of the following on behalf of the
athlete agent:
(1)
initiate contact, directly or indirectly, with a
student athlete or, if the student athlete is a minor, a
parent or guardian of the student athlete to recruit the student
athlete, parent, or guardian to enter an agency contract
unless registered pursuant to this chapter;
(2)
refuse or fail to retain or permit inspection of records
pursuant to Section 59-102-130;
(3)
fail to register as required by Section 59-102-40;
(4)
provide materially false or misleading information in an
application for registration or renewal of registration;
(5)
predate or postdate an agency contract; or
(6)
fail to notify a student athlete or, if the student
athlete is a minor, a parent or guardian of the athlete
before the student athlete, parent, or guardian 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.
Section 59-102-150. An athlete agent who violates Section 59-102-140 is guilty of a misdemeanor and, upon conviction, may be fined not more than ten thousand dollars or imprisoned for not more than three years, or both.
Section 59-102-160. (A)
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 pursuant to this section, the court may award costs and
reasonable attorney's fees to the prevailing party.
(B)
Damages to an educational institution pursuant to
subsection (A) include, without limitation, losses and expenses
incurred because 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.
(C)
A right of action pursuant to 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 of the athlete agent or the former
student athlete pursuant to this section is several and not
joint.
(E)
This chapter does not restrict rights, remedies,
or defenses of a person under law or equity An
educational institution 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 a person who was a student athlete at the time of
the act or omission and enrolled in the institution:
(1)
is suspended or disqualified from participation
in an interscholastic or intercollegiate athletic event by or
under the rules of a state or national federation or association
that promotes or regulates interscholastic or intercollegiate
sports; or
(2)
suffers financial damage.
(B) A
plaintiff that prevails in an action under this section may
recover actual damages, punitive damages, costs, and reasonable
attorney's 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.
(C) A
violation of this chapter is an unfair trade practice for
purposes of the South Carolina Unfair Trade Practices Act.
Section 59-102-170. Upon a finding that an athlete agent has violated a provision of this chapter, as determined from admissions of the athlete agent freely and voluntarily made or as the result of a contested case hearing, the administrative law judge may assess a fine against an athlete agent not to exceed one hundred thousand dollars for a violation of this chapter.
Section 59-102-180. In
applying and construing this uniform act, consideration must be
given to the need to promote uniformity of the law with respect
to its subject matter among states that enact it.
Section 59-102-190.
The provisions of this chapter modify, limit, or
supersede the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. Section 7001, et seq., but do not
modify, limit, or supersede Section 101(c) of that act, 15
U.S.C. Section 7001(c), or authorize electronic delivery of any
of the notices described in Section 103(b) of that act, 15
U.S.C. Section 7003(b)."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. After enactment of the provisions of this act, the Code Commissioner is authorized to insert the Official Comments, as amended, available from the Uniform Law Commission into the annotated versions of the provisions of this act, as contained in the South Carolina Code of Laws, after the appropriate provision and before the South Carolina Reporter's Comments, to the extent that the South Carolina Reporter's Comments follow a provision. The Official Comments, prepared by the Uniform Law Commission with the intent of aiding the user in understanding the provisions to the Uniform Commercial Code, are not considered part of this act and do not indicate legislative intent.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.