CHAPTER 400i
ATHLETE AGENTS

Table of Contents

Sec. 20-553. Definitions.
Sec. 20-554. Certificate of registration required. Fees. Renewal. Right to cancel agent contracts. Schedule of athlete agent fees. Athlete interviews.
Sec. 20-555. Prohibited acts.
Sec. 20-556. Regulations.
Sec. 20-557. Revocation or suspension of certificate of registration. Civil penalty. Restitution. Unfair or deceptive trade practice. Class B misdemeanor.
Sec. 20-558. Athlete not required to utilize athlete agent. Ability to contract for services outside state unaffected.
Secs. 20-559 to 20-569.


Sec. 20-553. Definitions. As used in sections 20-553 to 20-558, inclusive:
(1) "Athlete" means an individual enrolled in an institution of higher education or attending grades eleven or twelve in any school who engages in, is eligible to engage in, or may, within two years, become eligible to engage in any intercollegiate sporting event, contest, exhibition or program, provided the individual has never signed a contract of employment or a contract for future athletic services with a professional sports team. "Employment with a professional sports team" includes the execution by an athlete of a personal services contract with the owner or prospective owner of a professional sports team for the purpose of future athletic services;
(2) "Athlete agent" means a person who, for compensation, directly or indirectly recruits or solicits in this state an athlete to enter into an agent contract, financial services contract or professional services contract with that person or who, for a fee, procures or offers, promises or attempts in this state to obtain employment for an athlete with a professional sports team or as a professional athlete, but does not include a spouse, parent or sibling of the athlete;
(3) "Agent contract" means any oral or written contract or agreement under which an athlete authorizes an athlete agent to negotiate or solicit on behalf of the athlete with one or more professional sports teams for the employment of the athlete by such team or teams or to negotiate or solicit on behalf of the athlete for the employment of the athlete as a professional athlete;
(4) "Financial services contract" means any contract or agreement under which an athlete authorizes an athlete agent to provide financial services for the athlete, including the making and execution of investment and other financial decisions by the athlete agent on behalf of the athlete;
(5) "Professional services contract" means any contract or agreement pursuant to which an athlete is employed by or agrees to render services as a player on a professional sports team or as a professional athlete; and
(6) "Immediate family" means a person's spouse, child, parent, stepparent, brother or sister.
(P.A. 95-331, S. 1; P.A. 97-120, S. 1.)
History: P.A. 97-120 amended definitions of "athlete" and "athlete agent".

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Sec. 20-554. Certificate of registration required. Fees. Renewal. Right to cancel agent contracts. Schedule of athlete agent fees. Athlete interviews. (a) No person shall act as an athlete agent without first obtaining a certificate of registration from the Commissioner of Consumer Protection.
(b) Each application for a certificate of registration shall be accompanied by a registration fee of one hundred dollars. Such certificate of registration shall be valid for one year. The fee for renewal of such certificate of registration shall be one hundred dollars.
(c) Any agent contract between an athlete and an athlete agent may be cancelled by the athlete not later than six business days after the date on which the athlete signed the contract, in accordance with such requirements as the commissioner may prescribe by regulation adopted under section 20-556.
(d) Each agent contract or financial services contract shall include a schedule of fees that the athlete agent may charge the athlete and a description of the various professional services to be rendered in return for each fee. The athlete agent may impose fees under any such contract only in accordance with such schedule. The athlete agent may make changes in such schedule but such changes shall not become effective until the seventh day after the date on which a copy of the contract containing such changes is filed with the Department of Consumer Protection.
(e) The time, place and duration of any interview between an athlete and an athlete agent shall be in accordance with any policies that may be adopted or followed by the institution or school in which the athlete is enrolled. As used in this subsection, "interview" means any face-to-face meeting conducted for the purpose of recruiting or soliciting an athlete (1) to enter into an agent contract, financial services contract or professional services contract, or (2) for employment with a professional sports team or as a professional athlete.
(P.A. 95-331, S. 2, 3; P.A. 97-120, S. 2, 5.)
History: P.A. 97-120 added Subsecs. (c), (d) and (e) re cancellation of contracts, inclusion of fee schedules and interview practices, effective June 6, 1997.

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Sec. 20-555. Prohibited acts. An athlete agent shall not:
(1) Publish or cause to be published any false, fraudulent or misleading information, representation, notice or advertisement or give any false information or make any false promises or representations to any person concerning any employment;
(2) Divide fees with or receive compensation from a professional sports league or franchise or its representative or employee;
(3) Enter into any agreement, written or oral, by which the athlete agent offers anything of value to any employee of an institution of higher education located in this state in return for the referral of any athletes by that employee;
(4) Enter into an oral or written agent contract or professional sport services contract with an athlete before the athlete's eligibility for collegiate athletics expires; or
(5) Give, offer or promise anything of value to an athlete, his guardian or to any member of the athlete's immediate family before the athlete's eligibility for collegiate athletics expires.
(P.A. 95-331, S. 4.)

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Sec. 20-556. Regulations. (a) The Commissioner of Consumer Protection shall adopt regulations, in accordance with the provisions of chapter 54, to establish requirements for the registration and regulation of athlete agents.
(b) The regulations adopted pursuant to subsection (a) of this section shall include, but not be limited to: (1) Qualifications of athlete agents; (2) a registration procedure for athlete agents; (3) bond requirements for athlete agents; (4) form requirements for agent contracts, financial services contracts and professional services contracts, including requirements for athlete agent fee schedules; (5) limitations and conditions on athlete agent communications with athletes, including, but not limited to, advertising and interviewing; (6) guidelines regarding the suspension and revocation of a certificate of registration as an athlete agent; (7) limitations on fees or other compensation that may be collected by athlete agents, including limitations on the transfer of interests or rights to participate in profits made by athlete agents; and (8) any other reasonable regulations as the commissioner may deem necessary or desirable to carry out and enforce the provisions of this chapter.
(P.A. 95-331, S. 5; P.A. 97-120, S. 3, 5.)
History: P.A. 97-120 amended Subsec. (a) to authorize the commissioner to establish requirements for the regulation of athlete agents and amended Subsec. (b) to require regulations re athlete agent fee schedules, limitations on athlete agent compensation and other regulations to carry out and enforce this chapter, effective June 6, 1997.

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Sec. 20-557. Revocation or suspension of certificate of registration. Civil penalty. Restitution. Unfair or deceptive trade practice. Class B misdemeanor. (a)(1) The Commissioner of Consumer Protection may, after notice and conducting a hearing in accordance with the provisions of chapter 54, revoke or suspend any certificate of registration issued pursuant to sections 20-553 to 20-558, inclusive, for a violation of any provision of said sections or any regulation adopted pursuant to section 20-556.
(2) The commissioner shall revoke any such certificate of registration held by any person who is convicted under subsection (d) of this section.
(3) Any person whose certificate of registration is revoked under this subsection may submit an application for a new certificate of registration not less than one year after the date of the final decision imposing such revocation or the judgment affirming such decision.
(b) The Commissioner of Consumer Protection may, after notice and conducting a hearing in accordance with the provisions of chapter 54, order restitution or impose a civil penalty, or both, for a violation of any provision of sections 20-553 to 20-558, inclusive, or any regulation adopted pursuant to section 20-556. Any civil penalty imposed by the commissioner under this subsection shall not exceed one thousand dollars plus the amount of profits derived as a result of the violation minus any amount paid as restitution.
(c) A violation of any provision of sections 20-553 to 20-558, inclusive, or any regulation adopted pursuant to section 20-556 shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(d) In addition to any other remedy provided for in this section, any person who violates any provision of sections 20-553 to 20-558, inclusive, or any regulation adopted pursuant to section 20-556, shall be guilty of a class B misdemeanor.
(P.A. 95-331, S. 6; P.A. 97-120, S. 4.)
History: P.A. 97-120 designated existing provisions of Subsec. (a) as Subdiv. (1) and added Subdivs. (2) and (3) re revocation of certificate of registration and application for new certificate, amended Subsec. (b) by adding provisions re restitution and revising maximum civil penalty, and added Subsec. (d).

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Sec. 20-558. Athlete not required to utilize athlete agent. Ability to contract for services outside state unaffected. Nothing in sections 20-553 to 20-558, inclusive, shall be construed to require an athlete to utilize the services of an athlete agent or to limit the ability of an athlete to contract for any such services outside this state.
(P.A. 95-331, S. 7.)

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Secs. 20-559 to 20-569. Reserved for future use.


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