CORRECTIVE REPRINT
SENATE AMENDED
PRIOR PRINTER'S NOS. 3177, 3197, 3243,
3561, 3571 PRINTER'S NO. 3593
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2633
Session of
2022
INTRODUCED BY TOPPER AND N. NELSON, MAY 31, 2022
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 19, 2022
AN ACT
1 Amending Title 5 (Athletics and Sports) of the Pennsylvania
2 Consolidated Statutes, extensively revising the Uniform
3 Athlete Agents Act; PROVIDING FOR INTERCOLLEGIATE ATHLETICS; <--
4 making RELATED AND INCONSISTENT repeals; and making an <--
5 editorial change.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The heading of Part II of Title 5 of the
9 Pennsylvania Consolidated Statutes is amended to read:
10 PART II
11 [ATHLETE AGENTS] ATHLETES
12 Section 2. Subparts A and B of Part II of Title 5 are
13 repealed:
14 [SUBPART A
15 GENERAL PROVISIONS
16 Chapter
17 31. Preliminary Provisions
18 CHAPTER 31
 1 PRELIMINARY PROVISIONS
2 Sec.
3 3101. Short title of part.
4 3102. Definitions.
5 3103. Administration.
6 3104. Service of process.
7 3105. Subpoenas.
8 3106. Rules and regulations.
9 § 3101. Short title of part.
10 This part shall be known and may be cited as the Uniform
11 Athlete Agents Act.
12 § 3102. Definitions.
13 The following words and phrases when used in this part shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Agency contract." Any contract or agreement in which an
17 individual or a student athlete authorizes or empowers a person
18 to negotiate or solicit on behalf of the individual or the
19 student athlete one or more professional sports services
20 contracts.
21 "Athlete agent." A person who enters into an agency contract
22 with an individual or a student athlete or directly or
23 indirectly recruits or solicits an individual or a student
24 athlete to enter into an agency contract. The term does not
25 include a spouse, parent, sibling, son, daughter or grandparent
26 of the individual or student athlete, an individual acting
27 solely on behalf of a professional sports team or a coach,
28 trainer or other employee of a secondary or postsecondary school
29 who is acting on behalf of a student athlete of the same
30 secondary or postsecondary school, provided that such activities
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 1 are within the scope of employment of the coach, trainer or
2 other employee. The term includes a person who represents to the
3 public that the person is an athlete agent.
4 "Athletic director." An individual responsible for
5 administering the overall athletic program of an educational
6 institution or, if an educational institution has separately
7 administered athletic programs for male students and female
8 students, the athletic program for males or the athletic program
9 for females.
10 "Commission." The State Athletic Commission.
11 "Contact." A communication, direct or indirect, between an
12 athlete agent and an individual or a student athlete to recruit
13 or solicit the individual or student athlete to enter into an
14 agency contract, including by telephonic, facsimile or other
15 electronic method, mail, electronic mail or personal means.
16 "Conviction." A finding of guilt by a judge, jury, a plea of
17 guilty or a plea of nolo contendere.
18 "Department." The Department of State of the Commonwealth.
19 "Institution of higher education." A public or private
20 college or university, including a community college.
21 "Intercollegiate sport." A sport played at the collegiate
22 level for which eligibility requirements for participation by a
23 student athlete are established by a national association for
24 the promotion or regulation of collegiate athletics.
25 "Person." An individual, corporation, partnership, limited
26 liability company, association, joint venture, public
27 corporation or any other legal or commercial entity.
28 "Professional sports services contract." A contract or
29 agreement under which an individual is employed or agrees to
30 render services as a player on a professional sports team, with
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 1 a professional sports organization or as a professional athlete.
2 "Record." Information that is inscribed on a tangible medium
3 or that is stored in an electronic or other medium and is
4 retrievable in perceivable form.
5 "Registration." Registration as an athlete agent pursuant to
6 Chapter 33 (relating to registration).
7 "State." A state of the United States, the District of
8 Columbia, Puerto Rico, the United States Virgin Islands or any
9 territory or insular possession subject to the jurisdiction of
10 the United States.
11 "Student athlete." An individual who engages in, is eligible
12 to engage in or may be eligible in the future to engage in any
13 intercollegiate sport. If an individual is permanently
14 ineligible to participate in a particular intercollegiate sport,
15 the individual is not a student athlete for purposes of that
16 sport.
17 § 3103. Administration.
18 The commission shall administer this part.
19 § 3104. Service of process.
20 By engaging in the business of an athlete agent in this
21 Commonwealth, a nonresident individual appoints the Secretary of
22 the Commonwealth as the individual's agent to accept service of
23 process in any civil action related to the individual's business
24 as an athlete agent in this Commonwealth.
25 § 3105. Subpoenas.
26 The commission may issue subpoenas for any relevant material
27 under this part.
28 § 3106. Rules and regulations.
29 The commission shall have the power and duty to adopt and
30 revise regulations in accordance with the act of June 25, 1982
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 1 (P.L.633, No.181), known as the Regulatory Review Act, as are
2 reasonably necessary to administer and effectuate the purposes
3 of this part.
4 SUBPART B
5 REGISTRATION OF ATHLETE AGENTS
6 Chapter
7 33. Registration
8 CHAPTER 33
9 REGISTRATION
10 Sec.
11 3301. Athlete agent registration.
12 3302. Application for registration.
13 3303. Issuance of registration.
14 3304. Denial of registration.
15 3305. Renewal of registration.
16 3306. Period of registration.
17 3307. Suspension, revocation, restriction or refusal to renew
18 registration.
19 3308. Fees.
20 3309. Form of contract for student athletes.
21 3310. Notice to educational institution.
22 3311. Student athlete's right to cancel.
23 3312. Required records.
24 3313. Prohibited acts.
25 3314. Civil remedies.
26 3315. Administrative penalty.
27 3316. Bonding requirements.
28 3317. Exemption from registration and bonding requirement.
29 3318. Disposition of commission receipts.
30 3319. Records.
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 1 3320. Transferability of registration.
2 § 3301. Athlete agent registration.
3 (a) Certificate of registration required.--Except as
4 otherwise provided in subsection (b), a person shall not
5 directly or indirectly serve or offer to serve as an athlete
6 agent in this Commonwealth before being issued a certificate of
7 registration under section 3303 (relating to issuance of
8 registration). An out-of-State agent must register if the agent
9 through direct or indirect contact recruits or solicits an
10 individual or student athlete to enter into an agency contract
11 or procures, offers, promises or attempts to obtain employment
12 for an individual or student athlete with a Pennsylvania
13 professional sports team as a professional athlete in this
14 Commonwealth where any one or more of the following conditions
15 apply:
16 (1) The athlete agent is a resident of this
17 Commonwealth.
18 (2) The athlete is a resident of this Commonwealth or is
19 attending an institution of higher education in this
20 Commonwealth.
21 (3) The professional sports team has its home field or
22 its corporate headquarters in this Commonwealth.
23 (b) Exception.--An unregistered out-of-State agent or person
24 may act as an athlete agent in this Commonwealth before being
25 issued a certificate of registration for all purposes except
26 signing an agency contract if the following conditions are met:
27 (1) A student athlete or another acting on behalf of the
28 student athlete initiates contact with the person.
29 (2) Within seven days after an initial act as an athlete
30 agent, the person submits an application to register as an
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 1 athlete agent in this Commonwealth.
2 (3) The unregistered out-of-State agent or person has
3 never had registration issued under this chapter or a
4 predecessor statute revoked by the commission.
5 (c) Certain contracts void.--An agency contract resulting
6 from conduct in violation of this section is void. The athlete
7 agent shall return any consideration received under the
8 contract.
9 § 3302. Application for registration.
10 (a) Procedure.--An applicant for registration shall submit
11 an application for registration to the commission in writing on
12 a form supplied by the commission and approved by the
13 department. Except as otherwise provided in subsection (b), the
14 application must be in the name of an individual and be verified
15 by the applicant and must state, contain or be accompanied by:
16 (1) The information required by this chapter and such
17 other information as the commission may reasonably require.
18 (2) A processing fee of $100.
19 (3) The name of the applicant and the address of the
20 applicant's principal place of business.
21 (4) The name of the applicant's business or employer, if
22 applicable.
23 (5) Any business or occupation engaged in by the
24 applicant for the five years next preceding the date of
25 submission of the application.
26 (6) A description of the applicant's:
27 (i) Formal training as an athlete agent.
28 (ii) Practical experience as an athlete agent.
29 (iii) Educational background relating to the
30 applicant's activities as an athlete agent.
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 1 (7) The names and addresses of three individuals not
2 related to the applicant who are willing to serve as
3 references.
4 (8) The name, sport and last known team for each
5 individual for whom the applicant provided services as an
6 athlete agent during the five years next preceding the date
7 of submission of the application.
8 (9) The names and addresses of all persons who are:
9 (i) With respect to the athlete agent's business if
10 it is not a corporation, the partners, officers,
11 associates or profit-sharers.
12 (ii) With respect to a corporation employing the
13 athlete agent, the officers, directors and any
14 shareholder of the corporation with a 5% or greater
15 interest.
16 (10) Whether the applicant or any other person named
17 pursuant to paragraph (9) has been convicted of a crime that,
18 if committed in this Commonwealth, would be a felony or other
19 crime involving moral turpitude, and identify the crime.
20 (11) Whether there has been any administrative or
21 judicial determination that the applicant or any other person
22 named pursuant to paragraph (9) has made a false, misleading,
23 deceptive or fraudulent representation.
24 (12) Any instance in which the conduct of the applicant
25 or any other person named pursuant to paragraph (9) resulted
26 in the imposition of a sanction, suspension or declaration of
27 ineligibility to participate in an interscholastic or
28 intercollegiate athletic event on a student athlete or
29 educational institution.
30 (13) Any sanction, suspension or disciplinary action
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 1 taken against the applicant or any other person named
2 pursuant to paragraph (9) arising out of occupational or
3 professional conduct.
4 (14) Whether there has been any denial of an application
5 for, suspension or revocation of or refusal to renew the
6 registration or licensure of the applicant or any other
7 person named pursuant to paragraph (9) as an athlete agent in
8 any state.
9 (b) Out-of-State agents.--A person who has submitted an
10 application for and received a certificate of registration or
11 licensure as an athlete agent in another state may submit a copy
12 of the application and a valid certificate of registration or
13 licensure from the other state in lieu of submitting an
14 application in the form prescribed pursuant to subsection (a).
15 The commission shall accept the application and the certificate
16 from the other state as an application for registration in this
17 Commonwealth if the application to the other state:
18 (1) Was submitted in the other state within the six
19 months next preceding the submission of the application in
20 this Commonwealth and the applicant certifies the information
21 contained in the application is current.
22 (2) Contains information substantially similar to or
23 more comprehensive than that required in an application
24 submitted in this Commonwealth.
25 (3) Was signed by the applicant.
26 (4) The unregistered out-of-State agent has never had
27 registration issued under this chapter or a predecessor
28 statute revoked by the commission.
29 (c) Criminal background check.--Every applicant shall
30 complete an application or process as may be necessary to
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 1 request the Pennsylvania State Police to provide a copy of the
2 applicant's criminal history record to the commission.
3 § 3303. Issuance of registration.
4 Except as otherwise provided in section 3304 (relating to
5 denial of registration), the commission shall issue a
6 certificate of registration to a person:
7 (1) Who complies with section 3302(a) and (c) (relating
8 to application for registration).
9 (2) Whose application has been accepted under section
10 3302(b).
11 (3) Who is 21 years of age or older.
12 (4) Who possesses good moral character.
13 (5) Who neither at the time of application nor within
14 ten years prior to the time of application has been finally
15 found to have participated in any conduct that led to the
16 imposition of sanctions against an individual or student
17 athlete, institution of higher education or professional
18 sports team by any association or organization that
19 establishes rules for the conduct of amateur or professional
20 sports.
21 § 3304. Denial of registration.
22 (a) Grounds.--The commission may refuse to issue a
23 certificate of registration if the commission determines that
24 the applicant has engaged in conduct that has a significant
25 adverse effect on the applicant's fitness to serve as an athlete
26 agent. In making the determination, the commission may consider
27 whether the applicant has:
28 (1) Made a materially false, misleading, deceptive or
29 fraudulent representation as an athlete agent or in the
30 application.
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 1 (2) Engaged in conduct that would disqualify the
2 applicant from serving in a fiduciary capacity.
3 (3) Engaged in conduct prohibited by section 3313
4 (relating to prohibited acts).
5 (4) Had a registration or licensure as an athlete agent
6 suspended, revoked or denied or been refused renewal of
7 registration or licensure in any state.
8 (5) Engaged in conduct that significantly adversely
9 reflects on the applicant's credibility, honesty or
10 integrity.
11 (b) Additional considerations.--In making a determination
12 under subsection (a), the commission shall consider:
13 (1) How recently the conduct occurred.
14 (2) The nature of the conduct and the context in which
15 it occurred.
16 (3) Any other relevant conduct of the applicant.
17 (c) Issuance of registration prohibited.--The commission
18 shall not issue