MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary A

By: Representative Lamar

House Bill 819

(As Passed the House)

AN ACT TO REVISE THE UNIFORM ATHLETE AGENTS ACT IN CONFORMITY WITH THE 2015 AMENDED MODEL ACT ADOPTED BY THE UNIFORM LAW COMMISSION; TO AMEND SECTION 73-42-3, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 73-42-7, MISSISSIPPI CODE OF 1972, TO CLARIFY WHEN AN INDIVIDUAL MAY ACT AS AN ATHLETE AGENT BEFORE REGISTRATION WITH THE STATE AS AN ATHLETE AGENT; TO AMEND SECTION 73-42-9, MISSISSIPPI CODE OF 1972, TO SPECIFY ADDITIONAL INFORMATION THAT MUST BE PROVIDED BY AN APPLICANT WHEN REGISTERING AS AN ATHLETE AGENT; TO AMEND SECTION 73-42-11, MISSISSIPPI CODE OF 1972, TO CLARIFY GROUNDS FOR DENIAL OF REGISTRATION AND THE PROCEDURE FOR FILING FOR RENEWAL; TO AMEND SECTION 73-42-13, MISSISSIPPI CODE OF 1972, TO SPECIFY GROUNDS FOR DENIAL, SUSPENSION, REVOCATION OR REFUSAL TO RENEW REGISTRATION; TO AMEND SECTION 73-42-17, MISSISSIPPI CODE OF 1972, TO DELETE THE SECRETARY OF STATE'S AUTHORITY TO CHARGE ADDITIONAL FEES FOR CONDUCTING A BACKGROUND CHECK ON AN APPLICANT; TO AMEND SECTION 73-42-19, MISSISSIPPI CODE OF 1972, TO CLARIFY CONTRACTUAL REQUIREMENTS FOR AGENCY CONTRACTS, INCLUDING A DISCLOSURE TO STUDENT-ATHLETES REGARDING THE RISK OF LOSS OF COLLEGIATE ELIGIBILITY; TO AMEND SECTION 73-42-21, MISSISSIPPI CODE OF 1972, TO PRESCRIBE REQUIREMENTS FOR NOTICE TO EDUCATIONAL INSTITUTIONS BY ATHLETE AGENTS WHEN COMMUNICATING WITH STUDENTS; TO AMEND SECTION 73-42-23, MISSISSIPPI CODE OF 1972, TO RECOGNIZE THE RIGHTS OF PARENTS OF A STUDENT ATHLETE WHO IS A MINOR; TO AMEND SECTION 73-42-27, MISSISSIPPI CODE OF 1972, TO CLARIFY ACTS PROHIBITED BY AN ATHLETE AGENT, TO AUTHORIZE THE PAYMENT OF CERTAIN EXPENSES BY THE AGENT AND TO REQUIRE REPORTING OF INCURRED EXPENSES; TO AMEND SECTION 73-42-31, MISSISSIPPI CODE OF 1972, TO RECOGNIZE A STUDENT ATHLETE'S RIGHT TO BRING A CAUSE OF ACTION; TO AMEND SECTION 73-42-33, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM CIVIL PENALTY ALLOWED FOR VIOLATIONS OF THE ACT; TO AMEND SECTION 73-42-34, MISSISSIPPI CODE OF 1972, TO REVISE THE VENUE FOR APPEALS IN MISSISSIPPI BY OUT-OF-STATE AGENTS; TO CREATE NEW SECTION 73-42-41, MISSISSIPPI CODE OF 1972, TO DECLARE THE AUTHORITY AND AUTONOMY OF EDUCATIONAL INSTITUTIONS TO REGULATE INTERACTIONS WITH STUDENT ATHLETES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-42-3, Mississippi Code of 1972, is amended as follows:

     73-42-3.  In this chapter:

          (a)  "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 * * *, an or endorsement contract * * *, or enrollment at any educational institution that offers an athletic scholarship to the student‑athlete. 

          (b)  "Athlete agent":

(i)  Means an individual, whether or not registered under this chapter, who:

1. * * * enters into an agency contract with a student‑athlete or, directly or indirectly, recruits, induces or solicits a student‑athlete to enter into an agency contract.  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.  The term includes an individual who represents to the public that the individual is an athlete agent. 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;

2.  For compensation or in anticipation of compensation related to a student-athlete's participation in athletics:

a.  Serves the student-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 student-athlete by providing assistance with bills, payments, contracts or taxes; or

3.  In anticipation of representing a student-athlete for a purpose related to the student-athlete's participation in athletics:

a.  Gives consideration to the student-athlete or another person;

b.  Serves the student-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 student-athlete by providing assistance with bills, payments, contracts or taxes; but

(ii)  Does not include an individual who:

1.  Acts solely on behalf of a professional sports team or organization; or

2.  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 student-athlete to enter into an agency contract;

b.  Also, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for the student-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.

          (c)  "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.

          (d)  "Contact" means a communication, direct or indirect, written or oral, between an athlete agent and a student-athlete, to recruit, induce or solicit the student-athlete to enter into an agency contract.

(e)  "Educational institution" includes a public or private elementary school, secondary school, technical or vocational school, community college, college and university.

          ( * * *ef)  "Endorsement contract" means an agreement under which a student-athlete is employed or receives consideration * * * or anything of value for the student‑athlete's to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following * * *, or fame obtained because of the student-athlete's athletic ability or performance.

(g)  "Enrolled" means registered for courses and attending athletic practice or class.  "Enrolls" has a corresponding meaning.

          ( * * *fh)  "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.

(i)  "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges or universities.

(j)  "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.

          ( * * *gk)  "Person" means an individual, * * *corporation, business trust, estate, * * *trust, partnership, limited liability company, association, joint venture, business or nonprofit entity, public corporation, government * * *; or governmental subdivision, agency or instrumentality * * *; public corporation, or * * *any other legal * * * or commercial entity.

          ( * * *hl)  "Professional-sports-services contract" means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team * * *, or with a professional sports organization * * *, or as a professional athlete.

          ( * * *im)  "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.

(n)  "Recruit or solicit" means attempt to influence the choice of an athlete agent by a student-athlete, or if the student-athlete is a minor, a parent or guardian of the student-athlete.  The term does not include giving advice on the selection of a particular agent in a family, coaching or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.

          ( * * *jo)  "Registration" means registration as an athlete agent pursuant to this chapter.

(p)  "Sign" means, with present intent to authenticate or adopt a record:

(i)  To execute or adopt a tangible symbol; or

(ii)  To attach to or logically associate with the record an electronic symbol, sound or process.

          ( * * *kq)  "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

          ( * * *lr)  "Student-athlete" means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in * * *, a sport for a professional sports team or in any interscholastic or intercollegiate sport * * * at any educational institution.  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.  The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.

     SECTION 2.  Section 73-42-7, Mississippi Code of 1972, is amended as follows:

     73-42-7. (1)  Except as otherwise provided in subsection (2), an individual may not act as an athlete agent in this state before being issued a certificate of registration under * * *Section 73‑42‑11 or 73‑42‑15 this chapter.

     (2)  Before being issued a certificate of registration under this chapter, an individual may act as an athlete agent for all purposes except signing an agency contract if:

(a)  A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and

(b) * * * within Not later than seven (7) days after an initial act that requires the individual to register as an athlete agent, the individual submits an application * * *to register for registration as an athlete agent in this state.

     (3)  An agency contract resulting from conduct in violation of this section is void * * *.  , and the athlete agent shall return any consideration received under the contract * * * to the individual or entity who tendered or paid the consideration.

     SECTION 3.  Section 73-42-9, Mississippi Code of 1972, is amended as follows:

     73-42-9.  (1)  An applicant for registration as an athlete agent shall submit an application for registration to the Secretary of State * * *in on a form prescribed by the Secretary of State. * * * An application filed under this section is a public record.  Except as otherwise provided in subsection (2), the application must be in the name of an individual, signed by the applicant under penalty of perjury and must state or contain: The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury.  The application must contain at least the following:

          (a)  The name, date and place of birth of the applicant and the * * *address of the applicant's principal place of business; following contact information for the applicant:

(i)  The address of the applicant's principal place of business;

(ii)  Work and mobile telephone numbers; and

(iii)  Any means of communicating electronically, including a facsimile number, electronic-mail address and personal and business or employer websites;

          (b)  The name of the applicant's business or employer, if applicable * * *;, including for each business or employer, its mailing address, telephone number, organization form and the nature of the business;

(c)  Each social-media account with which the applicant or the applicant's business or employer is affiliated;

(d)  Each business or occupation in which the applicant engaged within five (5) years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration or certification held by the applicant during that time;

 * * *(c)  Any business or occupation engaged in by the applicant for the five (5) years next preceding the date of submission of the application;

          ( * * *de)  A description of the applicant's:

              (i)  Formal training as an athlete agent;

              (ii)  Practical experience as an athlete agent; and

              (iii)  Educational background relating to the applicant's activities as an athlete agent;

 * * *(e)  The names and addresses of three (3) individuals not related to the applicant who are willing to serve as references;

          (f)  The name * * *, sport and last known team for each individual for whom the applicant provided services as an athlete agent during the five (5) years next preceding the date of submission of the application of each student-athlete for whom the applicant acted as an athlete agent within five (5) years before the date of the application or if the individual is a minor, the name of the parent or guardian of the minor, together with the student-athlete's sport and last-known team;

          (g)  The * * *names name and * * *addresses address of * * *all persons who are each person that:

              (i) * * * With respect to the athlete agent's business if it is not a corporation, the partners, officers, associates, individuals or profit‑sharers Is a partner, member, officer, manager, associate or profit-sharer or directly or indirectly holds an equity interest of five percent (5%) or greater of the athlete agent's business if it is not a corporation; and

              (ii) * * * With respect to a company or Is an officer or director of a corporation employing the athlete agent * * *, the officers, directors and any or a shareholder * * *of the corporation or member with a having an interest of five percent (5%) or greater * * *interest in the corporation;

(h)  A description of the status of any application by the applicant, or any person named under paragraph (g), for a state or federal business, professional or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal or termination of the license and any reprimand or censure related to the license;

          ( * * *hi)  Whether the applicant or any other person named pursuant to paragraph (g) * * * has been convicted of, or has charges pending for a crime that would involve moral turpitude * * *, if committed in this state, would or be a felony * * * or other crime involving moral turpitude, and identify if committed in this state and if so, the identification of:

(i)  The crime;

(ii)  The law enforcement agency involved; and

(iii)  If applicable, the date of the conviction and the fine or penalty imposed;

(j)  Whether, within fifteen (15) years before the date of application, the applicant or any person named under paragraph (g) has been a defendant or respondent in a civil proceeding, including a proceeding seeking adjudication of legal incompetence and if so, the date and a full explanation of each proceeding;

(k)  Whether the applicant or any person named under paragraph (g) has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application;

(l)  Whether within ten (10) years before the date of application, the applicant or any person named under paragraph (g) was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;

          ( * * *im)  Whether there has been any administrative or judicial determination that the applicant or any other person named pursuant to paragraph (g) has made a false, misleading, deceptive or fraudulent representation;

          ( * * *jn) * * *Any Each instance in which the conduct of the applicant or any other person named pursuant to paragraph (g) resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, professional or intercollegiate athletic event on a student-athlete or a sanction on an educational institution;

          ( * * *ko) * * *Any Each sanction, suspension or disciplinary action taken against the applicant or any other person named pursuant to paragraph (g) arising out of occupational or professional conduct;

          ( * * *lp)  Whether there has been any denial of an application for, suspension or revocation of, * * *or refusal to renew, * * *the certification, or abandonment of the registration * * *or licensure of the applicant or any other person named pursuant to paragraph (g) as an athlete agent in any state;

 * * *(m)  Any pending litigation against the applicant in the applicant's capacity as an agent;

          ( * * *nq) * * * A list of all other states Each state in which the applicant is currently * * *licensed or registered as an athlete agent * * *and a copy of each state's license or registration, as applicable; and or has applied to be registered as an athlete agent;

 * * *(o)  Consent to submit to a criminal background check before being issued a certificate of registration.  Any fees connected with the background check shall be assessed to the applicant.

(r)  If the applicant is certified or registered by a professional league or players association:

(i)  The name of the league or association;

(ii)  The date of certification or registration and the date of expiration of the certification or registration, if any; and

(iii)  If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of the certification or registration or any reprimand or censure related to the certification or registration; and

(s)  Any additional information required by the Secretary of State.

     (2) * * * An individual 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 (1), along with the information requested in paragraphs (l), (m), (n) and (o) of subsection (1).  The Secretary of State shall accept the application and the certificate from the other state as an application for registration in this state if the application to the other state:

  (a)  Was submitted in the other state within the six (6) months next preceding the submission of the application in this state and the applicant certifies the information contained in the application is current;

  (b)  Contains information substantially similar to or more comprehensive than that required in an application submitted in this state; and

  (c)  Was signed by the applicant under penalty of perjury. Instead of proceeding under subsection (1), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the Secretary of State:

(a)  A copy of the application for registration in the other state;

(b)  A statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and

(c)  A copy of the certificate of registration from the other state.

     (3) * * * An athlete agent must notify The Secretary of State * * *within thirty (30) days whenever the information contained in any application for registration as an athlete agent in this state changes in a material way or is, or becomes, inaccurate or incomplete in any respect.  Events requiring notice shall include, but are not limited to, the following shall issue a certificate of registration to an individual who applies for registration under subsection (2) if the Secretary of State determines:

          (a) * * * Change in address of the athlete agent's principal place of business; The application and registration requirements of the other state are substantially similar to or more restrictive than this chapter; and

          (b) * * * Conviction of a felony or other crime involving moral turpitude by the athlete agent; The registration has not been revoked or suspended, and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.

 * * *(c)  Denial, suspension, refusal to renew, or revocation of a registration or license of the athlete agent as an athlete agent in any state; or

  (d)  Sanction, suspension or other disciplinary action taken against the athlete agent arising out of occupational or professional conduct.

(4)  For purposes of implementing subsection (3), the Secretary of State shall:

(a)  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

(b)  Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

     SECTION 4.  Section 73-42-11, Mississippi Code of 1972, is amended as follows:

     73-42-11.  (1)  Except as otherwise provided in subsection * * * 3)(2), the Secretary of State shall issue a certificate of registration to an * * *individual applicant for registration who complies with Section 73-42-9(1).

     (2) * * * Except as otherwise provided in subsection (3), the Secretary of State shall issue a certificate of registration to an individual whose application has been accepted under Section 73‑42‑9(2).

(3)  The Secretary of State may refuse to issue a certificate of registration to an applicant for registration under Section 73-42-9(1) if * * *he the Secretary of State determines that the applicant has engaged in conduct that * * *has a significant adverse effect adversely reflects on the applicant's fitness to * * *serve act as an athlete agent.  In making the determination, the Secretary of State may consider whether the applicant has:

          (a) * * * Been Pleaded guilty or no contest to, has been convicted of, or has charges pending for a crime * * *in another state that, if committed in this state, would be a felony or other crime involving that would involve moral turpitude or be a felony if committed in this state;

          (b)  Made a materially false, misleading, deceptive or fraudulent representation as an athlete agent or in the application;

          (c)  Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

          (d)  Engaged in conduct prohibited by Section 73-42-27;

          (e)  Had a registration * * *, licensure or certification as an athlete agent suspended, revoked, or denied * * *or been refused renewal of registration, licensure or certification in any state;

(f)  Been refused renewal of registration as an athlete agent in any state;

          ( * * *fg)  Engaged in conduct * * *or failed to engage in conduct the consequence of which was that resulting in imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic * * * or, intercollegiate or professional athletic event * * *was imposed on a student-athlete or a sanction on an educational institution; or

          ( * * *gh)  Engaged in conduct that * * *significantly adversely reflects on the applicant's * * *trustworthiness or credibility, honesty or integrity.

(43)  In making a determination under subsection * * * 3)(2), the Secretary of State shall consider:

          (a)  How recently the conduct occurred;

          (b)  The nature of the conduct and the context in which it occurred; and

          (c)  Any other relevant conduct of the applicant.

     ( * * *54)  An athlete agent registered under subsection (1) may apply to renew * * *a the registration by submitting an application for renewal in a form prescribed by the Secretary of State. * * * An application filed under this section is a public record. The applicant shall sign the application for renewal * * *must be signed by the applicant under penalty of perjury and * * *must contain include current information on all matters required in an original registration.

     ( * * *65) * * * An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form prescribed pursuant to subsection (5), may file a copy of the application for renewal and a valid certificate of registration from the other state.  The Secretary of State shall accept the application for renewal from the other state as an application for renewal in this state if the application to the other state:

  (a)  Was submitted in the other state within the last six (6) months and the applicant certifies the information contained in the application for renewal is current;

  (b)  Contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this state; and

  (c)  Was signed by the applicant under penalty of perjury. An athlete agent registered under Section 73-42-9(4) may renew the registration by proceeding under subsection (4) or, if the registration in the other state has been renewed, by submitting to the Secretary of State copies of the application for renewal in the other state and the renewed registration from the other state.  The Secretary of State shall renew the registration if the Secretary of State determines:

(a)  The registration requirements of the other state are substantially similar to or more restrictive than this chapter; and

(b)  The renewed registration has not been suspended or revoked, and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.

     ( * * *76)  Except as provided in Section 33-1-39, a certificate of registration or a renewal of a registration is valid for two (2) years.

     SECTION 5.  Section 73-42-13, Mississippi Code of 1972, is amended as follows:

     73-42-13.  (1) * * * After proper notice and an opportunity for a hearing, The Secretary of State may * * *deny limit, suspend, revoke or refuse to renew a registration of an individual registered under Section 73-42-11(1) for conduct that would have justified * * *denial of registration under Section 73‑42‑11(3) or for a violation of any provision of this chapter refusal to issue a certificate of registration under Section 73-42-11(2).

     (2) * * * a)  The Secretary of State shall appoint at least one (1) hearing officer for the purpose of holding hearings, compiling evidence and rendering decisions under this section and Section 73‑42‑11.  The hearing officer shall fix the date for an adjudicatory hearing and notify the athlete agent involved.  The hearing shall be held at a location to be designated by the hearing officer.  Unless the time period is extended by the hearing officer, the hearing shall be held not less than fifteen (15) nor more than thirty (30) days after the mailing of notice to the athlete agent involved.  At the conclusion of the hearing, the hearing officer shall make a recommendation regarding the registration of the athlete agent involved.  The Secretary of State shall then take appropriate action by final order.

  (b)  Any athlete agent whose application for registration has been denied or not renewed, or whose registration has been revoked or suspended by the Secretary of State, within thirty (30) days after the date of such final order, shall have the right of a trial de novo on appeal to the circuit court of the county of residence of the athlete agent, the student‑athlete, or the educational institution that issued an athletic scholarship to the student‑athlete.  If the secretary's final order is supported by substantial evidence and does not violate a state or federal law, then it shall be affirmed by the circuit court.  Either party shall have the right of appeal to the Supreme Court as provided by law from any decision of the circuit court.  No athlete agent shall be allowed to deliver services to a student‑athlete domiciled or residing in Mississippi while any such appeal is pending.

(3)  In addition to the reasons specified in subsection (1) of this section, the secretary shall be authorized to suspend the registration of any person for being out of compliance with an order for support, as defined in Section 93‑11‑153.  The procedure for suspension of a registration for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a registration suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a registration suspended for that purpose, shall be governed by Section 93‑11‑157 or 93‑11‑163, as the case may be.  Actions taken by the secretary in suspending the registration of a person when required by Section 93‑11‑157 are not actions from which an appeal may be taken under this section.  Any appeal of a registration suspension that is required by Section 93‑11‑157 or 93‑11‑163 shall be taken in accordance with the appeal procedure specified in Section 93‑11‑157 or 93‑11‑163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93‑11‑157 or 93‑11‑163 and any provision of this chapter, the provisions of Section 93‑11‑157 or 93‑11‑163, as the case may be, shall control. The Secretary of State may suspend or revoke the registration of an individual registered under Section 73-42-11(1) or renewed under Section 73-42-11(4) for any reason for which the Secretary of State could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under Section 73-42-11(2).

     SECTION 6.  Section 73-42-17, Mississippi Code of 1972, is amended as follows:

     73-42-17. * * * 1) An application for registration or renewal of registration must be accompanied by a fee in the following amount:

          (a)  Two Hundred Dollars ($200.00) for an initial application for registration.

          (b)  Two Hundred Dollars ($200.00) for an application for registration based upon a certificate of registration or licensure issued by another state.

          (c)  Two Hundred Dollars ($200.00) for an application for renewal of registration.

          (d)  Two Hundred Dollars ($200.00) for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.

 * * * (2)  In addition, the Secretary of State may impose a fee for the actual costs incurred by the Secretary of State's office for processing and administering one or more criminal history background checks.

     SECTION 7.  Section 73-42-19, Mississippi Code of 1972, is amended as follows:

     73-42-19.  (1)  An agency contract must be in a record, signed by the parties.

     (2)  An agency contract must * * *state or contain:

(a)  A statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the agent is registered as an athlete agent;

          ( * * *ab)  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 * * *or anything of value that the * * *athlete agent has received or will receive from any other source for entering into the contract or for providing the services;

          ( * * *bc)  The name of any person not listed in the agent's application for registration or renewal * * *who of registration which will be compensated because the student-athlete signed the * * *agency contract;

          ( * * *cd)  A description of any expenses that the student-athlete agrees to reimburse;

          ( * * *de)  A description of the services to be provided to the student-athlete;

          ( * * *ef)  The duration of the contract; and

          ( * * *fg)  The date of execution.

     (3) * * * An Subject to subsection (7), an agency contract must contain * * *, in close proximity to the signature of the student‑athlete, a conspicuous notice in boldface type and in * * *capital letters stating substantially the following form:

WARNING TO STUDENT-ATHLETE

IF YOU SIGN THIS CONTRACT:

     (1)  YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;

     (2)  IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN SEVENTY-TWO (72) HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT * * *ARE REQUIRED TO TELL MUST NOTIFY YOUR ATHLETIC DIRECTOR * * *, IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO AN AGENCY CONTRACT 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 FOURTEEN (14) DAYS AFTER SIGNING IT.  CANCELLATION OF THE CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT-ATHLETE IN YOUR SPORT. * * *

     (4) * * * An agency contract that does not conform to this section is voidable by the student‑athlete. An agency contract must be accompanied by a separate record signed by the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete acknowledging that signing the contract may result in the loss of the student-athlete's eligibility to participate in the student-athlete's sport.

     (5) * * * The athlete agent shall give a copy of the signed agency contract to the student‑athlete at the time of signing. A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may void an agency contract that does not conform to this section.  If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.

(6)  At the time an agency contract is executed, the athlete agent shall give the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete a copy in a record of the contract and the separate acknowledgement required by subsection (4).

(7)  If a student-athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection (3) must be revised accordingly.

     SECTION 8.  Section 73-42-21, Mississippi Code of 1972, is amended as follows:

     73-42-21.  (1) * * * Before an athlete agent, or his or her employee or representative, may initiate a first contact, direct or indirect, with any of the individuals listed below, with the intent or for the purpose of soliciting the student‑athlete or of procuring employment from the student‑athlete, the athlete agent, or his or her employee or representative, must provide the educational institution at which the student‑athlete is enrolled with written notification of the planned contact with these individuals:

  (a)  The student‑athlete;

  (b)  The student‑athlete's spouse, parent, foster parent, guardian, sibling, aunt, uncle, grandparent, child or first cousin; or the parent, foster parent, sibling, aunt, uncle, grandparent, child or first cousin of the student‑athlete's spouse; or

  (c)  A representative of any of the individuals enumerated in paragraphs (a) and (b) of this subsection (1). In this section, "communicating" or "attempting to communicate" means contacting or attempting to contact by an in-person meeting, a record or any other method that conveys or attempts to convey a message.

     (2) * * * Within Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the * * *agency contract to the athletic director of the educational institution at which the student-athlete is enrolled or at which the * * *athlete agent has reasonable grounds to believe the student-athlete intends to enroll.

     (3) * * * Within Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that * * *he or she the student-athlete has entered into an agency contract and the name and contact information of the athlete agent.

(4)  If an athlete agent enters into an agency contract with a student-athlete and the student-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 (72) hours after the agent knew or should have known the athlete enrolled.

(5)  If an athlete agent has a relationship with a student-athlete before the student-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 (10) days after the enrollment if the agent knows or should have known of the enrollment and:

(a)  The relationship was motivated in whole or part by the intention of the agent to recruit or solicit the student-athlete to enter an agency contract in the future; or

(b)  The agent directly or indirectly recruited or solicited the student-athlete to enter an agency contract before the enrollment.

(6)  An athlete agent shall give notice in a record to the athletic director of any educational institution or to an athletic director for compliance at any educational institution at which a student-athlete is enrolled before the agent communicates or attempts to communicate with:

(a)  The student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to influence the student-athlete or parent or guardian to enter into an agency contract; or

(b)  Another individual to have that individual influence the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete to enter into an agency contract.

(7)  If a communication or attempt to communicate with an athlete agent is initiated by a student-athlete or another individual on behalf of the student-athlete, the agent shall notify in a record the athletic director of any educational institution at which the student-athlete is enrolled.  The notification must be made not later than ten (10) days after the communication or attempt.

(8)  An educational institution that becomes aware of a violation of this chapter by an athlete agent shall notify the Secretary of State and any professional league or players association with which the institution is aware the agent is licensed or registered of the violation.

     SECTION 9.  Section 73-42-23, Mississippi Code of 1972, is amended as follows:

     73-42-23.  (1)  A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may cancel an agency contract by giving notice in a record to the athlete agent of the cancellation * * *within not later than fourteen (14) days after the date the contract is signed.

     (2)  A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may not waive the right to cancel * * *any an agency contract.

     (3)  If a student-athlete, parent or guardian cancels an agency contract, the student-athlete, parent or guardian is not required to pay any consideration under the contract or * * *to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

     SECTION 10.  Section 73-42-27, Mississippi Code of 1972, is amended as follows:

     73-42-27.  (1) * * * An Except as otherwise provided in subsection (3), an athlete agent * * * may not engage in any of the following activities, within this state or otherwise, with the intent to * * *induce influence a student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:

          (a)  Give * * *any materially false or misleading information or make a materially false promise or representation;

          (b)  Furnish anything of value to * * *a the student-athlete before the student-athlete enters into the * * *agency contract; or

          (c)  Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.

     (2)  An athlete agent may not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:

          (a)  Initiate contact, directly or indirectly, with a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to recruit or solicit the student-athlete, parent or guardian to enter an agency contract unless registered under this chapter;

          (b) * * * Refuse or willfully Fail to create or retain or to permit inspection of the records required by Section 73-42-25 * * * or fail to provide the Secretary of State with any statements, documents, records or testimony required by the secretary under Section 73‑42‑5(3) and (4);

          (c) * * * Violate Fail to register when required by Section 73-42-7 * * * by failing to register;

          (d)  Provide materially false or misleading information in an application for registration or renewal of registration;

          (e)  Predate or postdate an agency contract; or

          (f)  Fail to notify a student-athlete * * *prior to the student‑athlete's signing an agency contract or, if the student-athlete is a minor, a parent or guardian of the student-athlete before the student-athlete, parent or guardian signs 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.

(3)  (a)  In this subsection, "certified athlete agent" means an athlete agent registered under this chapter who is certified to be an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student-athlete in that sport.

(b)  A certified athlete agent may pay expenses of a student-athlete and the student-athlete's family members incurred before the signing of an agency contract if:

(i)  The expenses are for the benefit of a student-athlete who is a member of a class of student-athletes authorized to receive the benefit by the national association that certified the agent;

(ii)  The expenses are of a type authorized to be paid by a certified agent by the national association that certified the agent; and

(iii)  The expenses are for a purpose authorized by the national association that certified the agent.

(c)  All certified athlete agents who pay any expenses authorized by this subsection must file an itemized report of the same with the athletic director or their designee with the educational institution the student-athlete attends or intends to enroll.  The report must be submitted by the fifth day of the month following the month during which the expenses were incurred.  The reporting of expenses must be in a format required by the educational institution.

     SECTION 11.  Section 73-42-31, Mississippi Code of 1972, is amended as follows:

     73-42-31.  (1)  An educational institution * * *has a right of action against an athlete agent or a former student‑athlete for damages caused by a violation of this act.  In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.

(2)  Damages of an educational institution under subsection (1) 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 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.

(3)  A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student‑athlete.

(4)  Any liability of the athlete agent or the former student‑athlete under this section is several and not joint.

(5)  This chapter does not restrict rights, remedies or defenses of any person under law or equity. or a student-athlete may bring an action for damages against an athlete agent if the institution or student-athlete is adversely affected by an act or omission of the agent in violation of this chapter.  An educational institution or student-athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student-athlete at the time of the act or omission and enrolled in the institution:

(a)  Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or

(b)  Suffers financial damage.

(2)  A plaintiff that prevails in an action under this section may recover treble 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 must refund any consideration paid to the agent by or on behalf of the student-athlete.

(3)  A violation of this chapter is an unfair trade or deceptive practice for purposes of 75-24-5.

     SECTION 12.  Section 73-42-33, Mississippi Code of 1972, is amended as follows:

     73-42-33.  The Secretary of State may assess a civil penalty against an athlete agent not to exceed * * *Twenty‑five Thousand Dollars ($25,000.00) Fifty Thousand Dollars ($50,000.00) for a violation of this chapter.

     SECTION 13.  Section 73-42-34, Mississippi Code of 1972, is amended as follows:

     73-42-34.  (1)  If the Secretary of State determines that a person has engaged in or is engaging in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, or that a person has materially aided or is materially aiding in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, then the secretary may:

          (a)  Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business, or to take other action necessary or appropriate to comply with this chapter or any rule adopted or order issued under this chapter;

          (b)  Issue an order imposing an administrative penalty against an athlete agent who violated any provision of this chapter or any rule adopted or order issued under this chapter; and

          (c)  Take any other action authorized under the provisions of this chapter.

     (2)  An order issued under subsection (1) of this section is effective on the date of its issuance.  Upon the order's issuance, the Secretary of State shall promptly serve each person subject to the order with a copy of the order and a notice that the order has been entered.  The order must include a statement of any civil penalty or other administrative remedy to be imposed under subsection (1) of this section, a statement of the costs of investigation that the secretary will seek to recover, a statement of the reasons for the order, and a statement notifying the person of his or her right to a hearing * * * under Section 73‑42‑13.  If a person subject to the order does not request a hearing in writing within thirty (30) days of the date of the order and none is ordered by the hearing officer, then the order, including the imposition of a civil penalty or requirement for payment of the costs of investigation, shall become final as to that person by operation of law.

     (3)  In a final order, the secretary may charge the actual cost of an investigation or proceeding for a violation of this chapter or a rule adopted or order issued under this chapter.

     (4)  If a petition for judicial review of a final order is not filed in accordance with * * *Section 73‑42‑37 this section, or the petition is denied by the court, the secretary may file a certified copy of the final order with the clerk of a court in the jurisdiction where enforcement will be sought.  The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court.

     (5)  If a person does not comply with an order issued under this section, the secretary may petition a court of competent jurisdiction to enforce the order and collect administrative civil penalties and costs imposed under the final order.  The court may not require the secretary to post a bond in an action or proceeding under this section.  If the court finds, after service and opportunity for hearing, that the person did not comply with the order, the court may adjudge the person in civil contempt of the order.  The court may grant any relief the court determines is just and proper in the circumstances.

     (6)  Any person aggrieved by a final order of the secretary may obtain a review of the order in the circuit court of the county of residence of the athlete agent, * * *the student‑athlete, or the public or private college, university, community or junior college in the state that issued an athletic scholarship to the student‑athlete, if the athlete agent is a Mississippi resident, or the circuit court of the county in which the educational institution that the student-athlete attends or attended is located, by filing within thirty (30) days after the entry of the order, a written petition praying that the order be modified or set aside, in whole or in part.  A copy of the petition shall be served upon the secretary, and the secretary shall certify and file with the court a copy of the record and evidence upon which the order was entered.  When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or in part.  The findings of the secretary as to the facts, if supported by competent material and substantial evidence, are conclusive.  The beginning of proceedings under this subsection does not operate as a stay of the secretary's order, unless specifically ordered by the court.

(7)  In addition to the reasons specified in this section, the secretary may suspend the registration of any person for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a registration for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a registration suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a registration suspended for that purpose, is governed by Section 93-11-157 or 93-11-163, as the case may be.  Actions taken by the secretary in suspending the registration of a person when required by Section 93-11-157 are not actions from which an appeal may be taken under this section.  Any appeal of a registration suspension that is required by Section 93-11-157 or 93-11-163 must be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, are controlling.

     SECTION 14.  The following shall be codified as Section 73-42-41, Mississippi Code of 1972.

73-42-41.  This chapter may not be interpreted or construed to limit, in any way, the right of a Mississippi educational institution to adopt and enforce its own policies, rules or regulations addressing athlete agent solicitations or interactions with the student-athletes attending that institution.

     SECTION 15.  This act shall take effect and be in force from and after July 1, 2019.

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