Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S825 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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SENATE DOCKET, NO. 1808       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 825
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Barry R. Finegold
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to college athlete compensation and agent regulation.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 20
SENATE DOCKET, NO. 1808       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 825
By Mr. Finegold, a petition (accompanied by bill, Senate, No. 825) of Barry R. Finegold for 
legislation relative to college athlete compensation and agent regulation. Higher Education.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2813 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to college athlete compensation and agent regulation.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. The General Laws are hereby amended by inserting after chapter 78A the 
2following chapter:- 
3 CHAPTER 78B. Student-Athlete Compensation and Agent Regulation
4 Section 1. Definitions
5 As used in this chapter, the following words shall have the following meanings, unless 
6the context clearly requires otherwise: 
7 “Agency contract”, an agreement in which a student-athlete authorizes a person to 
8negotiate or solicit on behalf of the student-athlete any of the following: 
9 (i) a professional-sports-services contract;  2 of 20
10 (ii) an endorsement contract; or 
11 (iii) a name, image or likeness agreement. 
12 “Athlete agent”, an individual, whether or not registered pursuant to section 32 of chapter 
139, who: 
14 (i) directly or indirectly recruits or solicits a student-athlete to enter into an agency 
15contract;
16 (ii) for compensation, procures employment or offers, promises, attempts or negotiates to 
17obtain employment for a student-athlete as a professional athlete or member of a professional 
18sports team or organization; 
19 (iii) for compensation or in anticipation of compensation related to a student-athlete’s 
20participation in athletics: (1) serves the student-athlete in an advisory capacity on a matter related 
21to finances, business pursuits or career management decisions, unless the individual is an 
22employee of an educational institution acting exclusively as an employee of the educational 
23institution for the benefit of the educational institution; or (2) manages the business affairs of the 
24student-athlete by providing assistance with bills, payments, contracts or taxes; or 
25 (iv) in anticipation of representing a student-athlete for a purpose related to the student-
26athlete’s participation in athletics: (1) gives consideration to the student-athlete or another 
27individual; (2) serves the student-athlete in an advisory capacity on a matter related to finances, 
28business pursuits or career management decisions; or (3) manages the business affairs of the 
29student-athlete by providing assistance with bills, payments, contracts or taxes.
30 An individual shall not be considered an “athlete agent” if the individual: 3 of 20
31 (i) acts solely on behalf of a professional sports team or organization;
32 (ii) is the spouse, parent or legal guardian of the student-athlete; or
33 (iii) is a licensed, registered or certified professional and offers or provides services to a 
34student-athlete customarily provided by members of the profession; provided, however, that the 
35individual does not: (1) recruit or solicit the student-athlete to enter into an agency contract; (2) 
36for compensation, procure employment or offer, promise, attempt or negotiate to obtain 
37employment for the student-athlete as a professional athlete or member of a professional sports 
38team or organization; or (3) receive consideration for providing the services calculated using a 
39different method than for an individual who is not a student-athlete. 
40 “Athletic director”, the individual responsible for administering the overall athletic 
41program of an educational institution or, if an educational institution has separately administered 
42athletic programs for male student-athletes and female student-athletes, the athletic program for 
43male student-athletes or the athletic program for female student-athletes, as appropriate. 
44 “College”, a university, community college, junior college, graduate school or other 
45public or private institution of higher education. 
46 “Educational institution”, a college, secondary school, technical or vocational school, 
47school district as defined in section 2 of chapter 70 or public or private elementary school. 
48 “Endorsement contract”, an agreement under which a student-athlete is employed or 
49receives consideration to use on behalf of the other party any value that the student-athlete may 
50have because of publicity, reputation, following or fame because of athletic ability or 
51performance.  4 of 20
52 “Enrolled”, registered for courses and attending athletic practice or class. 
53 “Intercollegiate sport”, a sport played at the collegiate level for which eligibility 
54requirements for participation by a student-athlete are established by a national association that 
55promotes or regulates collegiate athletics. 
56 “Interscholastic sport”, a sport played between educational institutions that are not 
57colleges. 
58 “Licensed, registered or certified professional”, an individual licensed, registered or 
59certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker 
60or sales agent, tax consultant, accountant or member of a profession, other than that of athlete 
61agent, who is licensed, registered or certified by the commonwealth or a nationally recognized 
62organization that licenses, registers or certifies members of the profession on the basis of 
63experience, education or testing. 
64 “Name, image or likeness agreement”, an express or implied agreement, oral or in a 
65record, under which a third party provides money or any other thing of value in exchange for use 
66of a student-athlete's name, image or likeness. 
67 “Person”, an individual, estate, business or nonprofit entity, public corporation, 
68government or governmental subdivision, agency or instrumentality, or other legal entity. 
69 “Professional-sports-services contract”, an agreement under which an individual is 
70employed as a professional athlete or agrees to render services as a player on a professional 
71sports team or with a professional sports organization.  5 of 20
72 “Record”, information that is inscribed on a tangible medium or that is stored in an 
73electronic or other medium and is retrievable in perceivable form. 
74 “Recruit or solicit”, attempt to influence the choice of an athlete agent by a student-
75athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete. “Recruit or 
76solicit” shall not include giving advice on the selection of a particular athlete agent in a family, 
77coaching or social situation, unless the individual giving the advice does so because of the 
78receipt or anticipated receipt of an economic benefit, directly or indirectly, from the athlete 
79agent. 
80 “Registration”, registration as an athlete agent pursuant to section 32 of chapter 9. 
81 “Sign”, intentionally authenticate or adopt a record by:
82 (i) executing or adopting a tangible symbol; or
83 (ii) attaching to or logically associating with the record an electronic symbol, sound or 
84process. 
85 “Student-athlete”, an individual who engages in, is eligible to engage in or may be 
86eligible in the future to engage in any intercollegiate or interscholastic sport; provided, however, 
87that an individual shall not be considered a “student-athlete” with respect to a particular 
88intercollegiate or interscholastic sport in which the individual is permanently ineligible to 
89participate. 
90 Section 2. Name, Image and Likeness Compensation 
91 (a) A college shall not uphold any rule, requirement, standard or other limitation, except 
92as otherwise provided for in this section, that prevents a student-athlete enrolled in that college  6 of 20
93from earning compensation as a result of the use of the student-athlete's name, image or likeness. 
94A student-athlete's scholarship eligibility shall not be 	affected by the student-athlete earning 
95compensation pursuant to this section as a result of the use of the student-athlete's name, image 
96or likeness. 
97 (b) An athletic association, conference or other group or organization with authority over 
98intercollegiate sports, including, but not limited to, the National Collegiate Athletic Association, 
99shall not prevent: 
100 (i) a student-athlete enrolled in a college from earning compensation as a result of the use 
101of the student-athlete's name, image or likeness; or 
102 (ii) a college from participating in intercollegiate sports as a result of a student-athlete 
103earning compensation from third parties for the use of the student’s name, image or likeness. 
104 (c) A college, athletic association, conference or other group or organization with 
105authority over intercollegiate sports shall not prevent a student-athlete enrolled in a college from 
106obtaining professional representation in relation to agency contracts or other legal matters, 
107including, but not limited to, representation provided by athlete agents or legal representation 
108provided by an attorney. 
109 (d) A scholarship from the college in which a student-athlete is enrolled that provides the 
110student-athlete with the cost of attendance at that college shall not be considered compensation 
111for the purposes of this section. A scholarship shall not be revoked as a result of earning 
112compensation or obtaining athlete agent or legal representation pursuant to this section.  7 of 20
113 (e) A student-athlete enrolled in a college shall not enter into a name, image or likeness 
114agreement if a provision of the name, image or likeness agreement is in conflict with a provision 
115of the student-athlete's team contract; provided, however, that following the effective date of this 
116section, a new team contract or a renewal or modification of a team contract of a college's 
117athletic program shall not prevent a student-athlete from using the student-athlete's name, image 
118or likeness for a commercial purpose when the student-athlete is not engaged in official team 
119activities; and provided, further, that a student-athlete who enters into a name, image or likeness 
120agreement shall disclose the name, image or likeness agreement to the athletic director of the 
121student-athlete's college. 
122 Section 3. Professional Sports Drafts 
123 (a) An athletic association, conference, or other group or organization with authority over 
124intercollegiate sports, including, but not limited to, the National Collegiate Athletic Association, 
125shall not prevent a student-athlete from: (i) entering a professional sports draft while still 
126enrolled in a college; or (ii) returning to a college and participating in intercollegiate sports after 
127the student-athlete has been drafted to a professional sports team. 
128 (b) A college shall not revoke a student-athlete's scholarship or eligibility to participate in 
129intercollegiate sports with the college as a result of the student-athlete being drafted to a 
130professional sports team or earning compensation from a professional sports team to which the 
131student-athlete was drafted. 
132 Section 4. Requirements for Contracts Between Student-Athletes and Agents 
133 (a) An agency contract between an athlete agent and a student-athlete shall be in a record 
134that is signed by the parties; provided, however, that the record shall be signed by the parent or  8 of 20
135guardian of the student-athlete if the student-athlete is a minor. The agency contract shall 
136include, but not be limited to, the following: 
137 (i) a statement that the athlete agent is registered as an athlete agent in the commonwealth 
138pursuant to section 32 of chapter 9 and a list of all other states in which the agent is registered as 
139an athlete agent; 
140 (ii) the amount and method of calculating the consideration to be paid by the student-
141athlete for services to be provided by the athlete agent under the agency contract and any other 
142consideration the athlete agent has received or will receive from any other source for entering 
143into the agency contract or for providing the services; 
144 (iii) the name of any person who: (1) is not listed in the athlete agent's application for 
145registration or renewal of registration pursuant to section 32 of chapter 9; and (2) will be 
146compensated because the student-athlete signed the agency contract; 
147 (iv) a description of any expenses that the student-athlete agrees to reimburse; 
148 (v) a description of the services to be provided to the student-athlete; 
149 (vi) the duration of the agency contract; 
150 (vii) the date of execution of the agency contract; and 
151 (viii) a conspicuous notice in boldface type informing the student-athlete that by signing 
152the agency contract: (1) the student-athlete and the athlete agent are both obligated to notify the 
153student-athlete’s athletic director pursuant to section 5 of this chapter; and (2) the student-athlete, 
154or, if the student-athlete is a minor, the parent or guardian of the student-athlete, has the right to 
155cancel the contract pursuant to section 6 of this chapter.  9 of 20
156 (b) An agency contract shall be accompanied by a separate record signed by the student-
157athlete or, if the student-athlete is a minor, the parent 	or guardian of the student-athlete 
158acknowledging receipt and understanding of the notice described in clause (viii) of subsection (a) 
159of this section. 
160 (c) At the time an agency contract is executed, the athlete agent shall give the student-
161athlete or, if the student-athlete is a minor, the parent 	or guardian of the student-athlete a copy of 
162the contract and the separate acknowledgment required by subsection (b). 
163 Section 5. Notice to Educational Institution 
164 (a) For the purposes of this section, “communicating or attempting to communicate” shall 
165mean contacting or attempting to contact by an in-person meeting, a record or any other method 
166that conveys or attempts to convey a message. 
167 (b) Not later than 72 hours after entering into an agency contract or before the next 
168scheduled interscholastic or intercollegiate sports event in which the student-athlete may 
169participate, whichever occurs first, both the athlete agent and the student-athlete shall inform the 
170athletic director of the educational institution at which the student-athlete is enrolled or at which 
171the athlete agent has reasonable grounds to believe the student-athlete intends to enroll. Notice 
172provided by the athlete agent shall consist of a record of the existence of the agency contract. 
173 (c) If an athlete agent enters into an agency contract with a student-athlete, or, if the 
174student-athlete is a minor, the parent or guardian of the student-athlete, and the student-athlete 
175subsequently enrolls at an educational institution, the 	athlete agent shall notify the athletic 
176director of the educational institution of the existence of the contract not later than 72 hours after 
177the athlete agent knew or should reasonably have known the student-athlete enrolled.  10 of 20
178 (d) If an athlete agent has a relationship with a student-athlete before the student-athlete 
179enrolls in an educational institution and the student-athlete receives an athletic scholarship from 
180the educational institution, the agent shall notify the athletic director of the educational 
181institution of the relationship not later than 10 days after the enrollment if the athlete agent 
182knows or reasonably should have known of the enrollment and: 
183 (i) the relationship was motivated in whole or in part by the intention of the athlete agent 
184to recruit or solicit the student-athlete, or, if the student-athlete is a minor, a parent or guardian of 
185the student-athlete to enter into an agency contract in 	the future; or 
186 (ii) the athlete agent directly or indirectly recruited or solicited the student-athlete, or, if 
187the student-athlete is a minor, a parent or guardian of the student-athlete to enter into an agency 
188contract before the enrollment. 
189 (e) An athlete agent shall give notice in a record to the athletic director of the educational 
190institution at which a student-athlete is enrolled before the athlete agent communicates or 
191attempts to communicate with:
192 (i) the student-athlete, or, if the student-athlete is a minor, a parent or guardian of the 
193student-athlete, to influence the student-athlete or parent or guardian to enter into an agency 
194contract; or 
195 (ii) another individual to have that individual influence the student-athlete, or, if the 
196student-athlete is a minor, the parent or guardian of the student-athlete, to enter into an agency 
197contract.  11 of 20
198 (f) If a communication or attempt to communicate with an athlete agent is initiated by a 
199student-athlete or another individual on behalf of the student-athlete, the athlete agent shall 
200notify in a record the athletic director of any educational institution at which the student-athlete 
201is enrolled. The notification shall be made not later than 10 days after the communication or 
202attempt. 
203 (g) An educational institution that becomes aware of a violation of this section by an 
204athlete agent shall give notice about the violation to the secretary of the commonwealth and any 
205professional league or players association with which the educational institution is aware the 
206athlete agent is licensed or registered. 
207 Section 6. Student-Athlete's Right to Cancel a Contract 
208 (a) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the 
209student-athlete, may cancel an agency contract by giving notice of the cancellation to the athlete 
210agent in a record within 14 days after the agency contract is signed. 
211 (b) Any agreement that purports to waive or limit in any way the right of a student-
212athlete, or, if the student-athlete is a minor, the parent or guardian of the student-athlete, to 
213cancel an agency contract pursuant to this section shall be deemed contrary to public policy and 
214the agreement shall be void and unenforceable. 
215 (c) If a student-athlete, parent or guardian cancels an agency contract, the student-athlete 
216shall not be required to pay any consideration under such contract or return any consideration 
217received from the athlete agent to induce the student-athlete to enter into such contract. 
218 Section 7. Prohibited Conduct  12 of 20
219 (a) An athlete agent, with the intent to induce a student-athlete or, if the student-athlete is 
220a minor, a parent or guardian of the student-athlete to 	enter into an agency contract, shall not: 
221 (i) give any materially false or misleading information or make a materially false promise 
222or representation; or  
223 (ii) furnish anything of value to a student-athlete or any other individual before the 
224student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete 
225enters into the agency contract. 
226 (b) An athlete agent shall not willfully: 
227 (i) initiate contact, directly or indirectly, with a student-athlete or, if the student-athlete is 
228a minor, a parent or guardian of the student-athlete to 	recruit or solicit the student-athlete, parent 
229or guardian to enter an agency contract, prior to registering as an athlete agent pursuant to 
230section 32 of chapter 9; 
231 (ii) predate or postdate an agency contract; or 
232 (iii) encourage another individual to do or assist another individual in doing any of the 
233acts described in this subsection. 
234 (c) Athlete agents representing student-athletes shall comply with the federal Sports 
235Agent Responsibility and Trust Act, 15 U.S.C. §7801-7807, in their relationships with student-
236athletes. 
237 Section 8. Penalties  13 of 20
238 (a) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the 
239student-athlete may bring an action for damages against an athlete agent if the student-athlete is 
240adversely affected by an act or omission of the athlete agent in violation of this section. A 
241student-athlete is adversely affected by an act or omission of the athlete agent only if, because of 
242the act or omission, the individual who was a student-athlete at the time of the act or omission 
243and was enrolled in an educational institution:  
244 (i) is suspended or disqualified from participation in an interscholastic or intercollegiate 
245sport by or under the rules of a state or national federation or association that promotes or 
246regulates interscholastic sports or intercollegiate sports; or 
247 (ii) suffers financial damage. 
248 (b) A plaintiff that prevails in an action under this section may recover actual damages, 
249reasonable attorneys’ fees and costs incurred in such action. An athlete agent found liable under 
250this section forfeits any right of payment for anything of benefit or value provided to the student-
251athlete and shall refund any consideration paid to the athlete agent by or on behalf of the student-
252athlete. 
253 SECTION 2. Chapter 9 of the General Laws is hereby amended by inserting after section 
25431 the following section:- 
255 Section 32. Athlete Agent Registration 
256 (a) For the purposes of this section the following terms shall, unless the context clearly 
257requires otherwise, have the same meanings as such terms are defined in section 1 of chapter 
25878B of the General Laws: (i) “agency contract”; (ii) “athlete agent”; (iii) “college”; (iv)  14 of 20
259“educational institution”; (v) “endorsement contract”; (vi) “intercollegiate sport”; (vii) 
260“interscholastic sport”; (viii) “licensed, registered or certified professional”; (ix) “name, image or 
261likeness agreement”; (x) “person”; (xi) “professional-sports-services contract”; (xii) “record”; 
262(xiii) “recruit or solicit”; (xiv) “registration”; (xv) “sign”; and (xvi) “student-athlete”. 
263 (b) Except as otherwise provided in subsection (c), a person shall not act as an athlete 
264agent in the commonwealth without holding a certificate of registration issued pursuant to this 
265section. 
266 (c) Before being issued a certificate of registration pursuant to this section, a person may 
267act as an athlete agent in the commonwealth for all purposes except signing an agency contract, 
268if: (i) a student-athlete or another person acting on behalf of the student-athlete initiates 
269communication with such individual; and (ii) within 7 days after an initial act that requires an 
270individual to register as an athlete agent, such individual submits an application for registration 
271as an athlete agent under this section. 
272 (d) An applicant for registration or renewal of registration shall submit an application 
273therefor to the state secretary in such form as shall be prescribed by the state secretary. An 
274application filed pursuant to this section shall be a public record pursuant to chapter 66. The 
275application shall be in the name of an individual and signed by the applicant under penalty of 
276perjury and shall include, but not be limited to, the following: 
277 (i) the name of the applicant; 
278 (ii) the applicant’s contact information, including, but not limited to: (1) the address of 
279the applicant’s principal place of business; (2) the applicant's work and mobile telephone  15 of 20
280numbers; and (3) any means of communicating electronically with the applicant, including an 
281electronic mail address and personal and business or employer websites; 
282 (iii) the name of the applicant’s business or employer, if applicable; 
283 (iv) any business or occupation engaged in by the applicant for the 5 years preceding the 
284date of submission of the application, including any professional or occupational license, 
285registration or certification held by the applicant during that time; 
286 (v) a description of the applicant’s: (1) formal training as an athlete agent; (2) practical 
287experience as an athlete agent; and (3) educational background relating to the applicant’s 
288activities as an athlete agent; 
289 (vi) the names and addresses of 3 individuals not related to the applicant who are willing 
290to serve as references; 
291 (vii) the name, intercollegiate sport or interscholastic sport and last-known team for each 
292student-athlete for whom the applicant acted as an athlete agent during the 5 years preceding the 
293date of submission of the application, and, if any such student-athlete is a minor, the name of the 
294parent or guardian of the minor; 
295 (viii) the names and addresses of all persons who are: (1) with respect to the athlete 
296agent’s business if it is not 	a corporation, the partners, members, officers, managers, associates 
297or profit-sharers having an interest of 5 percent or greater of the business; and (2) with respect to 
298a corporation employing the athlete agent, the officers, directors and any shareholder of the 
299corporation having an interest of 5 percent or greater;  16 of 20
300 (ix) whether the applicant or any person named pursuant to clause (viii) has been 
301convicted of a crime that, if committed in this state, would be a crime involving moral turpitude 
302or a felony, identifying such crime if applicable; 
303 (x) whether there has been any administrative or judicial determination that the applicant 
304or any person named pursuant to clause (viii) has made a false, misleading, deceptive or 
305fraudulent representation; 
306 (xi) any instance in which the conduct of the applicant or any person named pursuant to 
307clause (viii) resulted in the imposition of a sanction, suspension or declaration of ineligibility to 
308participate in an interscholastic sport or intercollegiate sport on a student-athlete or educational 
309institution; 
310 (xii) any sanction, suspension or disciplinary action taken against the applicant or any 
311person named pursuant to clause (viii) by a governmental or quasi-governmental licensing entity 
312or adjudicatory process arising out of occupational or professional conduct; 
313 (xiii) whether there has been any denial of an application for, suspension or revocation of, 
314or refusal to renew the registration or licensure of the applicant or any person named pursuant to 
315clause (viii) as an athlete agent in any state; 
316 (xiv) each state in which the applicant currently is registered as an athlete agent or has 
317applied to be registered as an athlete agent; and 
318 (xv) any additional information required by the state secretary. 
319 (e) An individual who has submitted an application for, and holds a certificate of, 
320registration or licensure as an athlete agent in another state, may submit in lieu of an application  17 of 20
321for registration or renewal in the form prescribed by the state secretary: (i) a copy of the 
322application for registration or renewal in the other state; (ii) a statement that identifies any 
323material change in the information on the application or verifies that there is no material change 
324in the information, signed under penalty of perjury; and (iii) a copy of the certificate of 
325registration from the other 	state. 
326 The state secretary shall accept the application and the certificate from the other state as 
327an application for registration or renewal in this commonwealth if: 
328 (i) the application to the other state: 
329 (1) was submitted in the other state within the 6 months preceding the submission of the 
330application in this commonwealth and the applicant certifies that the information contained in the 
331application is current or substantively corrected by the applicant’s statement identifying any 
332material change in the information on the application; 
333 (2) contains information substantially similar to or more comprehensive than that 
334required in an application submitted in this commonwealth; and 
335 (3) was signed by the applicant under penalty of perjury; and  
336 (ii) the registration has not been revoked or suspended and no action involving the 
337individual’s conduct as an athlete agent is pending against the individual or the individual’s 
338registration in any state. 
339 (f) For purposes of implementing this section, the state secretary may: (i) cooperate with 
340national organizations concerned with athlete agent issues and agencies in other states which 
341register athlete agents to develop a common registration form and determine which states have  18 of 20
342laws that are substantially similar to or more restrictive than this section; and (ii) exchange 
343information, including information related to actions taken against registered athlete agents or 
344their registrations, with those organizations and agencies. 
345 (g) Except as otherwise provided in this section, the state secretary shall issue a 
346certificate of registration to an individual who complies with the requirements of this section. 
347 (h) The state secretary may refuse to issue a certificate of registration if the state secretary 
348determines that the applicant has engaged in conduct that has an adverse effect on the applicant’s 
349fitness to act as an athlete agent. In making the determination, the state secretary may consider 
350whether the applicant has: 
351 (i) been convicted of a crime that, if committed in this commonwealth, would be a crime 
352involving moral turpitude or a felony; 
353 (ii) made a materially false, misleading, deceptive or fraudulent representation in the 
354application or as an athlete agent; 
355 (iii) engaged in conduct that would disqualify the applicant from serving in a fiduciary 
356capacity; 
357 (iv) engaged in conduct prohibited by this section or section 7 of chapter 78B; 
358 (v) had a registration or licensure as an athlete agent suspended, revoked or denied, or 
359been refused renewal of registration or licensure as an athlete agent in any state; 
360 (vi) engaged in conduct the consequence of which was that a sanction, suspension or 
361declaration of ineligibility to participate in an interscholastic sport or intercollegiate sport was 
362imposed on a student-athlete or educational institution; or  19 of 20
363 (vii) engaged in conduct that significantly adversely reflects on the applicant’s credibility, 
364honesty or integrity. 
365 (i) A certificate of registration or a renewal of a registration shall be valid for 2 years. 
366 (j) The state secretary may suspend, revoke or refuse to renew a registration for conduct 
367that would have justified denial of registration under this section. 
368 (k) The state secretary may deny, suspend, revoke or refuse to renew a certificate of 
369registration or licensure only after proper notice and an opportunity for a hearing as provided 
370pursuant to chapter 30A. 
371 (l) An application for registration or renewal of registration shall be accompanied by a fee 
372to be determined by the commissioner of administration pursuant to section 3B of chapter 7. 
373 (m) An athlete agent shall retain the following records for a period of 5 years and the 
374records shall be open to inspection by the state secretary during normal business hours: 
375 (i) the name and address of each student-athlete represented by the athlete agent and, if 
376any such student-athlete is a minor, the name and address of a parent or guardian of the 
377represented student-athlete; 
378 (ii) any agency contract entered into by the athlete agent; and 
379 (iii) any direct costs incurred by the athlete agent in the recruitment or solicitation of a 
380student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to 
381enter into an agency contract.  20 of 20
382 (n) The state secretary may assess a civil penalty against an athlete agent not to exceed 
383$50,000 for a violation of the registration provisions of this section.