ENROLLED ORIGINAL
AN ACT
24-455
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
________________
To amend of Part E of Subchapter IV of Chapter 28 of Title 47 of the District of Columbia
Official Code to adopt the provisions of the Revised Uniform Athletes Agents Act, to
expand the definition of athlete agent, to provide for reciprocal registration of athlete
agents licensed in other states, to enhance the requirements for an athlete agents signing
of an agency contract to require an athlete agent to notify the educational institution at
which a student-athlete is enrolled before contacting a student-athlete, to prohibit an
athlete agent from encouraging another individual to take an action on behalf of the agent
that the agent is prohibited from taking, to accommodate recent amendments to National
Collegiate Athletic Association bylaws that provide more freedom and flexibility to
student-athletes considering a professional career, to give a student-athlete a right of
action against an athlete agent for conduct in violation of Title I; to adopt the Uniform
College Athlete Name, Image, or Likeness Act of 2022 by establishing a legal framework
for permitting college athletes to receive compensation for their name, image, and
likeness, to provide parameters on the types of activity the athletes may engage in, and on
the compensation the athletes may receive, to establish limitations on institution,
conference, and athletic association involvement, to establish a disclosure requirement for
college athletes, and to provide for civil remedies and enforcement by the Attorney
General; and to add a new Part G to Subchapter IV of Chapter 28 of Title 47 of the
District of Columbia Official Code to provide a mechanism for certifying and regulating
name, image, or likeness agents, a mechanism for regulating third parties who provide
compensation to college athletes for the use of their name, image, or likeness, a right of
action for college athletes if their name, image, and likeness rights are violated, and civil
remedies and for enforcement by the Attorney General.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Omnibus Uniform Athlete Agent and College Athlete Name, Image, or
Likeness Amendment Act of 2022.
TITLE. I. ATHLETE AGENTS.
Sec. 101. Short title.
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This subtitle may be cited as the Uniform Athlete Agents Amendment Act of 2022.
Sec. 102. Part E of Subchapter IV of Chapter 28 of Title 47 of the District of Columbia
Official Code is amended as follows:
(a) The table of contents is amended as follows:
(1) The section designation for 47-2887.04 is amended by striking the phrase
form; requirements. and inserting the phrase application; requirements; reciprocal
registration. in its place.
(2) The section designation for 47-2887.09 is amended by striking the phrase
of contract and inserting the phrase of agency contract in its place.
(3) The section designation for 47-2887.16 is amended by striking the word
Administrative and inserting the word Civil in its place.
(4) Add a new section designation 47-2887.16A. Rules. after the section
designation for 47-2887.16.
(5) The section designation for 47-2887.18 is amended by striking the word
Electronic and inserting the phrase Relation to Electronic in its place.
(b) Section 47-2887.01 is amended as follows:
(1) Paragraph (2) is amended to read as follows:
(2) Athlete agent:
(A) Means an individual, whether or not registered under this part, who:
(i) 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;
(ii) For compensation or in anticipation of compensation related
to a student-athletes participation in athletics:
(I) Serves the 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
(II) Manages the business affairs of the athlete by
providing assistance with bills, payments, contracts, or taxes; or
(iii) In anticipation of representing a student-athlete for a purpose
related to the athletes participation in athletics:
(I) Gives consideration to the student-athlete or another
person;
(II) Serves the student-athlete in an advisory capacity on a
matter related to finances, business pursuits, or career management decisions; or
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(III) Manages the business affairs of the student-athlete by
providing assistance with bills, payments, contracts, or taxes.
(B) Does not include an individual who:
(i) Acts solely on behalf of a professional sports team or
organization; or
(ii) 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:
(I) Recruits or solicits the student-athlete to enter into an
agency contract;
(II) 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
(III) Receives consideration for providing the services
calculated using a different method than for an individual who is not a student-athlete..
(2) A new paragraph (4A) is added to read as follows:
(4A) Educational institution includes a public or private elementary school,
secondary school, technical or vocational school, community college, college, or university..
(3) A new paragraph (5A) is added to read as follows:
(5A) Enrolled or enrolls means registered for courses and attending athletic
practice or class..
(4) New paragraphs (6A), (6B), and (6C) are added to read as follows:
(6A) Interscholastic sport means a sport played between educational
institutions that are not community colleges, colleges, or universities.
(6B) 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 District or a
nationally recognized organization that licenses, registers, or certifies members of the profession
on the basis of experience, education, or testing.
(6C) Mayor includes the Mayors delegee..
(5) Paragraph (8) is amended to read as follows:
(8) 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..
(6) A new paragraph (9A) is added to read as follows:
(9A) Recruit or solicit means to attempt to influence the choice of an athlete
agent by a student-athlete or, if the student-athlete is a minor, the choice by a parent or guardian
of the student-athlete. The term does not include giving advice on the selection of a particular
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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..
(7) A new paragraph (10A) is added to read as follows:
(10A) Sign means, with present intent to authenticate or adopt a record, to:
(A) Execute or adopt a tangible symbol; or
(B) Attach to or logically associate with the record an electronic symbol,
sound, or process..
(8) Paragraph (12) is amended to read as follows:
(12) 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, any interscholastic or intercollegiate sport. The term does not include an individual
permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that
sport..
(c) Section 47-2887.04 is amended to read as follows:
47-2887.04. Registration as athlete agent; application; requirements; reciprocal
registration.
(a) An applicant for registration as an athlete agent shall submit an application for
registration to the Mayor in a form prescribed by the Mayor. The applicant must be an
individual, and the application shall be signed by the applicant under penalty of perjury. The
application must contain at least the following:
(1) The applicants:
(A) Legal name and other names used;
(B) Date and place of birth;
(C) Contact information, including:
(i) Address for the applicants principal place of business;
(ii) Work and mobile telephone numbers;
(iii) Any means the applicant uses to communicate electronically,
including a facsimile number, electronic-mail address, and personal and business or employer
websites;
(2) The name of the applicants business or employer, if applicable, including for
each business or employer, its mailing address, telephone number, organizational form, and the
nature of the business;
(3) Each social-media account with which the applicant or the applicants
business or employer is affiliated;
(4) Each business or occupation in which the applicant engaged within the 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;
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(5) A description of the applicants:
(A) Formal training as an athlete agent;
(B) Practical experience as an athlete agent; and
(C) Educational background relating to the applicants activities as an
athlete agent;
(6) The name of each student-athlete for whom the applicant acted as an athlete
agent within 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-athletes sport and last-known
team;
(7) The name and address of each person that:
(A) Is a partner, member, officer, manager, associate, or profit sharer or
directly or indirectly holds an equity interest of 5% or greater of the athlete agents business if it
is not a corporation; and
(B) Is an officer or director of a corporation employing the athlete agent
or a shareholder having an interest of 5% percent or greater in the corporation;
(8) A description of the status of any application by the applicant, or any person
named under paragraph (7) of this subsection, for a State or federal business, professional, or
occupational license, other than as an athlete-agent, including any denial, refusal to renew,
suspension, withdrawal, or termination of the license and any reprimand or censure related to the
license;
(9) Whether the applicant, or any person named under paragraph (7) of this
subsection, has pleaded guilty or no contest to, has been convicted of, or has charges pending for,
a crime that would involve moral turpitude or be a felony if committed in the District and, if so,
identification of:
(A) The crime;
(B) The law-enforcement agency involved; and
(C) If applicable, the date of the conviction and the fine or penalty
imposed;
(10) Whether, within 15 years before the date of application, the applicant, or
any person named under paragraph (7) of this subsection, has been a defendant or respondent in
a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if
so, the date and a full explanation of each proceeding;
(11) Whether the applicant, or any person named under paragraph (7) of this
subsection, 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;
(12) Whether, within 10 years before the date of application, the applicant, or
any person named under paragraph (7) of this subsection, was adjudicated bankrupt or was an
owner of a business that was adjudicated bankrupt;
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(13) Whether there has been any administrative or judicial determination that the
applicant, or any person named under paragraph (7) of this subsection, made a false, misleading,
deceptive, or fraudulent representation;
(14) Each instance in which conduct of the applicant, or any person named under
paragraph (7) of this subsection, resulted in the imposition of a sanction, suspension, or
declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional
athletic event on a student-athlete or a sanction on an educational institution;
(15) Each sanction, suspension, or disciplinary action taken against the applicant,
or any person named under paragraph (7) of this subsection, arising out of occupational or
professional conduct;
(16) Whether there has been a denial of an application for, suspension or
revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any
person named under paragraph (7) of this subsection, as an athlete agent in any State;
(17) Each State in which the applicant currently is registered as an athlete agent
or has applied to be registered as an athlete agent;
(18) If the applicant is certified or registered by a professional league or players
association:
(A) The name of the league or association;
(B) The date of certification or registration, and the date of expiration of
the certification or registration, if any; and
(C) 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
(19) Any additional information required by the Mayor.
(b) Instead of proceeding under subsection (a) of this section, an individual registered as
an athlete agent in another State may apply for registration as an athlete agent in the District by
submitting to the Mayor:
(1) A copy of the application for registration in the other State;
(2) 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
(3) A copy of the certificate of registration from the other State.
(c) Except as provided in 47-2887.05(b), the Mayor shall issue a certificate of
registration to an individual who applies for registration under subsection (b) of this section if the
Mayor determines:
(1) The application and registration requirements of the other State are
substantially similar to or more restrictive than this part; and
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(2) The applicants registration in another State has not been revoked or
suspended and no action involving the individuals conduct as an athlete agent is pending against
the individual or the individuals registration in any other State.
(d) For purposes of implementing subsection (c) of this section, the Mayor shall:
(1) Cooperate with national organizations concerned with athlete agent issues
and agencies in other States that 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 part; and
(2) Exchange information, including information related to actions taken against
registered athlete agents or their registrations, with the national organizations and State agencies
identified in paragraph (1) of this subsection..
(d) Section 47-2887.05 is amended to read as follows:
(1) Subsection (b) is amended by adding a new paragraph (5A) to read as follows:
(5A) Been refused renewal of registration as an athlete agent in any
State;.
(2) Subsection (e) is amended to read as follows:
(e) An athlete agent registered under 47-2887.04(c) may renew the registration by
proceeding under subsection (d) of this section or, if the registration in the other State has been
renewed, by submitting to the Mayor copies of the application for renewal in the other State and
the renewed registration from the other State. The Mayor shall renew the registration if the
Mayor determines:
(1) The registration requirements of the other State are substantially similar to or
more restrictive than this part; and
(2) The renewed registration has not been suspended or revoked and no action
involving the individuals conduct as an athlete agent is pending against the individual or the
individuals registration in any State..
(e) Section 48-2887.06 is amended as follows:
(1) Subsection (a) is amended by