Bill Text: MS SB2233 | 2011 | Regular Session | Introduced
Bill Title: Mississippi Uniform Athlete Agents Act; revise definitions and regulatory authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [SB2233 Detail]
Download: Mississippi-2011-SB2233-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
Senate Bill 2233
AN ACT TO REVISE THE PROVISIONS OF THE MISSISSIPPI "UNIFORM ATHLETE AGENTS LAW"; TO REENACT SECTIONS 73-42-1, 73-42-9, 73-42-11, 73-42-15, 73-42-25, 73-42-29, 73-42-31, 73-42-33 AND 73-42-35, MISSISSIPPI CODE OF 1972; TO AMEND SECTION 73-42-3, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE ACT APPLIES TO RUNNERS, FINANCIAL ADVISORS, MARKETING REPRESENTATIVES, MANAGERS OR OTHER EMPLOYEES ACTING ON BEHALF OF AN ATHLETE AGENT IF THE INDIVIDUAL RECRUITS OR SOLICITS A STUDENT-ATHLETE TO ENTER INTO AN AGENT CONTRACT, TO CLARIFY THAT ATTORNEYS, BROKER DEALERS, INVESTMENT ADVISERS, FINANCIAL PLANNERS, INSURANCE AGENTS, REAL ESTATE BROKERS OR SALES AGENTS, TAX CONSULTANTS, OR OTHER PROFESSIONAL PERSONS ARE EXCLUDED FROM THE ACT IF THE PERSONS ARE ONLY PROVIDING THE TYPE OF SERVICES CUSTOMARILY PROVIDED BY THAT PROFESSION, AND TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 73-42-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THE SECRETARY OF STATE'S POWER IN INVESTIGATIONS AGAINST ATHLETE AGENTS; TO AMEND SECTION 73-42-7, MISSISSIPPI CODE OF 1972, TO REQUIRE AN INDIVIDUAL TO REGISTER IN THE STATE PRIOR TO ACTING AS AN AGENT IN THE STATE; TO AMEND SECTION 73-42-9, MISSISSIPPI CODE OF 1972, TO REQUIRE APPLICANTS TO PROVIDE A LIST OF ANY PENDING LITIGATION AGAINST THE APPLICANT IN THEIR CAPACITY AS AN AGENT, TO REQUIRE APPLICANTS TO PROVIDE A LIST OF ALL OTHER STATES THAT APPLICANT IS CURRENTLY LICENSED OR REGISTERED AS AN ATHLETE AGENT IN AND COPY OF EACH STATE'S LICENSE OR REGISTRATION, AND TO GIVE THE SECRETARY OF STATE DISCRETION TO REQUIRE AN APPLICATION TO UNDERGO BACKGROUND CHECK; TO CODIFY SECTION 73-42-10, MISSISSIPPI CODE OF 1972, TO REQUIRE THE APPLICANT TO NOTIFY THE SECRETARY OF STATE WITHIN 30 DAYS IF THERE IS A MATERIAL CHANGE IN THE INFORMATION CONTAINED IN ANY APPLICATION FOR REGISTRATION; TO AMEND SECTIONS 73-42-13, 73-42-19, 73-42-23 AND 73-42-27, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 73-42-17, MISSISSIPPI CODE OF 1972, TO INCREASE THE APPLICATION FEE AND ADD A FEE FOR THE CRIMINAL BACKGROUND CHECK; TO AMEND SECTION 73-42-21, MISSISSIPPI CODE OF 1972, TO REQUIRE THE AGENT TO NOTIFY THE EDUCATIONAL INSTITUTION IN WHICH THE STUDENT-ATHLETE IS ENROLLED BEFORE AN ATHLETE AGENT CAN CONTACT THE STUDENT-ATHLETE, THE STUDENT-ATHLETE'S SPOUSE, PARENT, FOSTER PARENT, GUARDIAN, SIBLING, AUNT, UNCLE, GRANDPARENT, CHILD, OR FIRST COUSIN, ANY OF THE PRECEDING PERSONS FOR WHOM A RELATIONSHIP HAS BEEN ESTABLISHED BY MARRIAGE, OR ANY PERSON RESIDING IN THE SAME PLACE AS A STUDENT-ATHLETE, OR A REPRESENTATIVE OF ANY OF THESE PERSONS; TO CODIFY SECTION 73-42-37, MISSISSIPPI CODE OF 1972, TO ADD SPECIFIC PROVISIONS GOVERNING ELECTRONIC SIGNATURES; TO CODIFY SECTION 73-42-39, MISSISSIPPI CODE OF 1972, TO ADD SPECIFIC RULEMAKING AUTHORITY FOR THE SECRETARY OF STATE TO CARRY OUT THE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-42-1, Mississippi Code of 1972, is reenacted as follows:
73-42-1. This chapter may be cited as the "Uniform Athlete Agents Act."
SECTION 2. 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 or an endorsement contract. This agreement may be in the form of a marketing services contract, financial services contract, or similar agreement.
(b) "Athlete agent" means any individual who * * *, directly or indirectly, recruits, induces or solicits a student-athlete to enter into any agency contract or, for compensation, procures, offers, promises, attempts or negotiates on behalf of a student-athlete to obtain employment with a professional sports team or organization as a professional athlete. The term "athlete agent" includes, but is not limited to, actual agents; individuals commonly referred to as runners; managers; marketing representatives; financial advisors; and all employees and other persons acting on behalf of an athlete agent who participate in the activities included under this paragraph. "Athlete agent" does not include * * * an individual acting solely on behalf of a professional sports team or professional sports organization and does not include a person licensed as an attorney, registered broker dealer, investment advisor or certified public accountant, insurance agent, or real estate broker when the person offers or provides the type of services customarily provided by that profession and does not recruit or solicit a student-athlete to enter into any agency contract, endorsement contract, or professional-sports-services contract or, for compensation, procures, offers, promises, attempts, or negotiates to obtain employment for any person with a professional sports team or organization or as a professional 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) "Compensation" shall include, but is not limited to, money, checks, gratuities, credit cards, loans or guarantee of a loan, phone cards, transportation, residence or lodging, food, beverage, clothing, merchandise, stock, bonds, securities or any item of value.
(e) "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.
(f) "Endorsement contract" means an agreement under which a student-athlete is employed or receives compensation or anything of * * * value for the student-athlete's * * * publicity, reputation, following, or fame obtained because of the student-athlete's athletic ability or performance.
(g) "Financial services" means the making or execution of an investment or other financial decision, counseling, advice or recommendation as to a financial decision. "Financial decision" is the determination to take action to transfer money or securities for any product, security, life insurance, brokerage account, trust, mutual fund, private placement, annuity or any asset.
(h) "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 collegiate athletics.
(i) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency or instrumentality; public corporation, or any other legal or commercial entity.
(j) "Professional-sports-services contract" means an agreement under which a student-athlete is employed or agrees to render services * * * to a professional sports team, with a professional sports organization, or as a professional athlete.
(k) "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.
(l) "Registration" means registration as an athlete agent pursuant to this chapter.
(m) "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.
(n) "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport at or for any educational institution in this state. 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.
SECTION 3. Section 73-42-5, Mississippi Code of 1972, is amended as follows:
73-42-5. (1) The Secretary of State shall administer this chapter.
(2) By engaging in the business of an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent to accept service of process in any civil action related to the individual's business as an athlete agent in this state.
(3) The Secretary of State may * * *:
(a) Conduct public or private investigations within or outside of this state which the Secretary of State considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted under this chapter, or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter;
(b) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and
(c) Publish a record concerning an action, proceeding, or an investigation under, or a violation of, this chapter or a rule adopted under this chapter if the Secretary of State determines it is necessary or appropriate in the public interest.
(4) For the purpose of an investigation under this chapter, the Secretary of State or its designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the Secretary of State considers relevant or material to the investigation.
SECTION 4. Section 73-42-7, Mississippi Code of 1972, is amended as follows:
73-42-7. (1) * * * 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.
* * *
(2) An agency contract resulting from conduct in violation of this section is void. The athlete agent shall return any consideration received under the contract.
SECTION 5. Section 73-42-9, Mississippi Code of 1972, is amended as follows:
73-42-9. (1) An applicant for registration shall submit an application for registration to the Secretary of State in 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 and signed by the applicant under penalty of perjury and must state or contain:
(a) The name of the applicant and the address of the applicant's principal place of business;
(b) The name of the applicant's business or employer, if applicable;
(c) Any business or occupation engaged in by the applicant for the five (5) years next preceding the date of submission of the application;
(d) 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;
(g) The names and addresses of all persons who are:
(i) With respect to the athlete agent's business if it is not a corporation, the partners, officers, associates or profit-sharers; and
(ii) With respect to a corporation employing the athlete agent, the officers, directors and any shareholder of the corporation with a five percent (5%) or greater interest.
(h) Whether the applicant or any other person named pursuant to paragraph (g) has been convicted of a crime that, if committed in this state, would be a felony or other crime involving moral turpitude, and identify the crime;
(i) 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;
(j) Any 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 or intercollegiate athletic event on a student-athlete or educational institution;
(k) Any 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; * * *
(l) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any other person named pursuant to paragraph (g) as an athlete agent in any state;
(m) Any pending litigation against the applicant in the applicant's capacity as an agent; and
(n) A list of all other states 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.
(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) and (n) 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.
(3) An individual who has submitted an application for registration as an athlete agent may, at the discretion of the Secretary of State, be requested 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.
SECTION 6. The following shall be codified as Section 73-42-10, Mississippi Code of 1972:
73-42-10. Change of material information; amendments. (1) The 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:
(a) Change in address of the athlete agent's principal place of business;
(b) Conviction of a felony or other crime involving moral turpitude by the athlete agent;
(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.
SECTION 7. Section 73-42-11, Mississippi Code of 1972, is reenacted as follows:
73-42-11. (1) Except as otherwise provided in subsection (3), the Secretary of State shall issue a certificate of registration to an individual 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 if the Secretary of State determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to serve as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:
(a) Been convicted of a crime that, if committed in this state, would be a felony or other crime involving moral turpitude;
(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 or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure in any state;
(f) Engaged in conduct or failed to engage in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or
(g) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty or integrity.
(4) In making a determination under subsection (3), 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.
(5) An athlete agent may apply to renew a 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 application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.
(6) 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.
(7) 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 8. Section 73-42-13, Mississippi Code of 1972, is amended as follows:
73-42-13. (1) The Secretary of State may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under Section 73-42-11(3).
(2) The Secretary of State may deny, suspend, revoke or refuse to renew a registration only after proper notice and an opportunity for a hearing.
(3) (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 adjudicatory hearings and notify the athlete agent involved. Such hearing shall be held at a location to be designated by the hearing officer, 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 take appropriate action regarding the registration of the athlete agent involved.
(b) Any athlete agent whose application for registration has been denied or not renewed, or whose registration has been revoked or suspended by the hearing officer, within thirty (30) days after the date of such final decision, shall have the right of a trial de novo on appeal to the Circuit Court of the First Judicial District of Hinds County, Mississippi. 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.
(4) In addition to the reasons specified in subsections (1) and (2) of this section, the Secretary of State 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 of State 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.
SECTION 9. Section 73-42-15, Mississippi Code of 1972, is reenacted as follows:
73-42-15. The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal is pending.
SECTION 10. Section 73-42-17, Mississippi Code of 1972, is amended as follows:
73-42-17. 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) One Hundred Dollars ($100.00) for an application for renewal of registration; or
(d) One Hundred Dollars ($100.00) for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.
(e) Fifty Dollars ($50.00) for a background check, in the discretion of the Secretary of State.
SECTION 11. 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) 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 compensation or consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(b) The name of any person not listed in the application for registration or renewal who will be compensated because the student-athlete signed the agency contract;
(c) A description of any expenses that the student-athlete agrees to reimburse;
(d) A description of the services to be provided to the student-athlete;
(e) The duration of the contract; and
(f) The date of execution.
(3) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;
(2) BOTH YOU AND YOUR ATHLETE AGENT ARE REQUIRED TO TELL YOUR ATHLETIC DIRECTOR, IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO AN AGENCY CONTRACT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THE CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
(4) An agency contract that does not conform to this section is voidable by the student-athlete.
(5) The athlete agent shall give a copy of the signed agency contract to the student-athlete at the time of signing.
SECTION 12. Section 73-42-21, Mississippi Code of 1972, is amended as follows:
73-42-21. (1) Prior to initiating first contact, direct or indirect, with a student-athlete with the intent or for the purpose of soliciting or procuring employment with the student-athlete, a student-athlete's spouse, parent, foster parent, guardian, sibling, aunt, uncle, grandparent, child, or first cousin, any of the preceding persons for whom a relationship has been established by marriage, or any person residing in the same place as a student-athlete, or a representative of any of these persons, an athlete agent, or his or her employee or representative, shall provide the educational institution at which the student-athlete is enrolled with written notification to obtain approval.
(2) Within 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 * * * of the existence of the agency contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
(3) Within seventy-two (72) hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract.
SECTION 13. Section 73-42-23, Mississippi Code of 1972, is amended as follows:
73-42-23. (1) A student-athlete may cancel an agency contract by giving notice * * * to the athlete agent of the cancellation within fourteen (14) days after the date the contract is signed.
(2) A student-athlete may not waive the right to cancel any agency contract.
(3) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
SECTION 14. Section 73-42-25, Mississippi Code of 1972, is reenacted as follows:
73-42-25. (1) An athlete agent shall retain the following records for a period of five (5) years:
(a) The name and address of each individual represented by the athlete agent;
(b) Any agency contract entered into by the athlete agent; and
(c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete.
(2) Records required by subsection (1) to be retained are open to inspection by the Secretary of State during normal business hours.
SECTION 15. Section 73-42-27, Mississippi Code of 1972, is amended as follows:
73-42-27. (1) An athlete agent may not engage in any of the following activities, either within this state or otherwise, with the intent to induce a student-athlete to enter into an agency contract:
(a) Give any materially false or misleading information or make a materially false promise or representation;
(b) Furnish compensation or anything of value to a student-athlete before the student-athlete enters into the agency contract; or
(c) Furnish compensation or anything of value to any individual other than the student-athlete or another registered athlete agent.
(2) An athlete agent may not intentionally:
(a) Initiate contact with a student-athlete unless registered under this chapter;
(b) Refuse or willfully fail to retain or permit inspection of the records required by Section 73-42-25;
(c) Violate 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 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.
SECTION 16. Section 73-42-29, Mississippi Code of 1972, is reenacted as follows:
73-42-29. The commission of any act prohibited by Section 73-42-27 by an athlete agent is a felony punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment of not more than two (2) years, or both.
SECTION 17. Section 73-42-31, Mississippi Code of 1972, is reenacted 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.
SECTION 18. Section 73-42-33, Mississippi Code of 1972, is reenacted 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) for a violation of this chapter.
SECTION 19. Section 73-42-35, Mississippi Code of 1972, is reenacted as follows:
73-42-35. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
SECTION 20. The following shall be codified as Section 73-42-37, Mississippi Code of 1972:
73-42-37. Electronic Signatures in Global and National Commerce Act. The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures confirm to the requirements of Section 102 of the Electric Signatures in Global and National commerce Act, Public Law No. 106-229, 114 Stat. 464 (2000), and supersede, modify and limit the Electronic Signatures in Global and National Commerce Act.
SECTION 21. The following shall be codified as Section 73-29-39, Mississippi Code of 1972:
73-42-39. Rulemaking authority. The Secretary of State may promulgate rules and regulations necessary to administer, carry out and enforce this chapter and to define terms whether or not used in this chapter, but those definitions may not be inconsistent with this chapter.
SECTION 22. This act shall take effect and be in force from and after July 1, 2011.
