1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 48 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to athlete agents; creating the
7 Revised Uniform Athlete Agents Act; defining terms;
8 providing for application of the Administrative
8 Procedures Act; providing for promulgation of rules;
9 making Secretary of State agent for service of
9 process for nonresident athlete agents; requiring
10 registration; providing acts that may occur before
10 registration; providing that certain contracts are
11 void; providing for return of consideration;
11 providing registration procedure; requiring
12 application for registration to contain certain
12 information; providing for issuance of certificate of
13 registration; requiring the Secretary of State to
13 cooperate and exchange information with certain
14 organizations; authorizing the Secretary of State to
14 refuse to issue a certificate of registration for
15 specified reasons; providing for renewal of
15 registration; providing for suspension, revocation
16 and refusal to renew registrations; authorizing
16 issuance of temporary certificate of registration;
17 providing registration and renewal fees; providing
17 for certificates issued under prior law; providing
18 for deposit of fees in the Revolving Fund for the
18 Office of Secretary of State; providing requirements
19 for contracts; specifying information to be contained
19 in contract; requiring inclusion of warning;
20 requiring certain notice be given to educational
20 institution and athletic director; requiring
21 educational institution to notify the Secretary of
21 State of known violations; providing right to cancel
22 contract; providing that right cannot be waived;
22 providing that consideration need not be returned;
23 requiring athlete agent to keep certain records for
23 specified period of time; prohibiting certain
24 conduct; providing criminal penalties; providing that
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 1 certain portion of fines be deposited in the Attorney
1 General's Law Enforcement Revolving Fund; authorizing
2 the Secretary of State to assess civil penalties;
2 specifying maximum amount of civil penalties;
3 providing for uniformity of application and
3 construction; providing relation to Electronic
4 Signatures in Global and National Commerce Act;
4 amending 78 O.S. 2011, Sections 53 and 54, which
5 relate to the Oklahoma Deceptive Trade Practices Act;
5 expanding acts that constitute deceptive trade
6 practices to include violations of the Revised
6 Uniform Athlete Agents Act; expanding authority of
7 the Attorney General and district attorneys;
7 repealing 70 O.S. 2011, Sections 821.81, 821.82,
8 821.83, 821.84, 821.85, as amended by Section 1,
8 Chapter 173, O.S.L. 2012, 821.86, 821.87, 821.88,
9 821.89, 821.90, 821.91, 821.92, 821.93, 821.94,
9 821.95, 821.96, 821.97, 821.98 and 821.99 (70 O.S.
10 Supp. 2020, Section 821.85), which relate to the
10 Uniform Athlete Agents Act; providing for
11 codification; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 823.1 of Title 70, unless there
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17 is created a duplication in numbering, reads as follows:
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18 SHORT TITLE. This act shall be known and may be cited as the
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19 "Revised Uniform Athlete Agents Act".
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20 SECTION 2. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 823.2 of Title 70, unless there
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22 is created a duplication in numbering, reads as follows:
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23 DEFINITIONS. As used in the Revised Uniform Athlete Agents Act:
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 1 1. "Agency contract" means an agreement in which a student
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2 athlete authorizes a person to negotiate or solicit on behalf of the
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3 athlete a professional-sports-services contract or endorsement
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4 contract;
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5 2. "Athlete agent":
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6 a. means an individual, whether or not registered under
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7 the Revised Uniform Athlete Agents Act, who:
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8 (1) directly or indirectly recruits or solicits a
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9 student athlete to enter into an agency contract
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10 or, for compensation, procures employment or
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11 offers, promises, attempts or negotiates to
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12 obtain employment for a student athlete as a
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13 professional athlete or member of a professional
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14 sports team or organization,
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15 (2) for compensation or in anticipation of
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16 compensation related to a student athlete's
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17 participation in athletics:
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18 (a) serves the athlete in an advisory capacity
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19 on a matter related to finances, business
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20 pursuits or career management decisions,
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21 unless the individual is an employee of an
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22 educational institution acting exclusively
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23 as an employee of the institution for the
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24 benefit of the institution, or
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 1 (b) manages the business affairs of the athlete
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2 by providing assistance with bills,
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3 payments, contracts, or taxes, or
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4 (3) in anticipation of representing a student athlete
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5 for a purpose related to the athlete's
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6 participation in athletics:
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7 (a) gives consideration to the student athlete
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8 or another person,
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9 (b) serves the athlete in an advisory capacity
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10 on a matter related to finances, business
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11 pursuits or career management decisions, or
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12 (c) manages the business affairs of the athlete
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13 by providing assistance with bills,
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14 payments, contracts or taxes, but
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15 b. does not include an individual who:
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16 (1) acts solely on behalf of a professional sports
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17 team or organization, or
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18 (2) is a licensed, registered or certified
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19 professional and offers or provides services to a
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20 student athlete customarily provided by members
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21 of the profession, unless the individual:
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22 (a) also recruits or solicits the athlete to
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23 enter into an agency contract,
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 1 (b) also, for compensation, procures employment
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2 or offers, promises, attempts or negotiates
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3 to obtain employment for the athlete as a
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4 professional athlete or member of a
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5 professional sports team or organization, or
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6 (c) receives consideration for providing the
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7 services calculated using a different method
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8 than for an individual who is not a student
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9 athlete;
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10 3. "Athletic director" means the individual responsible for
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11 administering the overall athletic program of an educational
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12 institution or, if an educational institution has separately
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13 administered athletic programs for male students and female
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14 students, the athletic program for males or the athletic program for
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15 females, as appropriate;
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16 4. "Educational institution" includes a public or private
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17 elementary school, secondary school, technical or vocational school,
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18 community college, college or university;
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19 5. "Endorsement contract" means an agreement under which a
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20 student athlete is employed or receives consideration to use on
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21 behalf of the other party any value that the athlete may have
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22 because of publicity, reputation, following or fame obtained because
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23 of athletic ability or performance;
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 1 6. "Enrolled" means registered for courses and attending
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2 athletic practice or class. "Enrolls" has a corresponding meaning;
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3 7. "Intercollegiate sport" means a sport played at the
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4 collegiate level for which eligibility requirements for
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5 participation by a student athlete are established by a national
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6 association that promotes or regulates collegiate athletics;
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7 8. "Interscholastic sport" means a sport played between
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8 educational institutions that are not community colleges, colleges
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9 or universities;
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10 9. "Licensed, registered or certified professional" means an
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11 individual licensed, registered or certified as an attorney, dealer
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12 in securities, financial planner, insurance agent, real estate
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13 broker or sales agent, tax consultant, accountant, or member of a
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14 profession other than that of athlete agent who is licensed,
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15 registered or certified by the state or a nationally recognized
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16 organization that licenses, registers or certifies members of the
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17 profession on the basis of experience, education or testing;
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18 10. "Person" means an individual, estate, business or nonprofit
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19 entity, public corporation, government or governmental subdivision,
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20 agency, or instrumentality or other legal entity;
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21 11. "Professional-sports-services contract" means an agreement
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22 under which an individual is employed as a professional athlete or
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23 agrees to render services as a player on a professional sports team
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24 or with a professional sports organization;
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 1 12. "Record" means information that is inscribed on a tangible
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2 medium or that is stored in an electronic or other medium and is
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3 retrievable in perceivable form;
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4 13. "Recruit or solicit" means attempt to influence the choice
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5 of an athlete agent by a student athlete or, if the athlete is a
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6 minor, a parent or guardian of the athlete. The term does not
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7 include giving advice on the selection of a particular agent in a
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8 family, coaching or social situation unless the individual giving
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9 the advice does so because of the receipt or anticipated receipt of
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10 an economic benefit, directly or indirectly, from the agent;
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11 14. "Registration" means registration as an athlete agent under
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12 the Revised Uniform Athlete Agents Act;
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13 15. "Sign" means, with present intent to authenticate or adopt
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14 a record:
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15 a. to execute or adopt a tangible symbol, or
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16 b. to attach to or logically associate with the record an
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17 electronic symbol, sound or process;
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18 16. "State" means a state of the United States, the District of
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19 Columbia, Puerto Rico, the United States Virgin Islands, or any
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20 territory or insular possession subject to the jurisdiction of the
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21 United States; and
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22 17. "Student athlete" means an individual who is eligible to
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23 attend an educational institution and engages in, is eligible to
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24 engage in, or may be eligible in the future to engage in any
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 1 interscholastic or intercollegiate sport. The term does not include
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2 an individual permanently ineligible to participate in a particular
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3 interscholastic or intercollegiate sport for that sport.
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4 SECTION 3. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 823.3 of Title 70, unless there
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6 is created a duplication in numbering, reads as follows:
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7 SECRETARY OF STATE; AUTHORITY; PROCEDURE.
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8 A. The Administrative Procedures Act applies to the Revised
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9 Uniform Athlete Agents Act. The Secretary of State may adopt rules
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10 under the Administrative Procedures Act to implement the Revised
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11 Uniform Athlete Agents Act.
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12 B. By acting as an athlete agent in this state, a nonresident
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13 individual appoints the Secretary of State as the individual's agent
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14 for service of process in any civil action in this state related to
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15 the individual acting as an athlete agent in this state.
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16 C. The Secretary of State may issue a subpoena for material
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17 that is relevant to the administration of the Revised Uniform
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18 Athlete Agents Act pursuant to Section 315 of Title 75 of the
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19 Oklahoma Statutes.
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20 SECTION 4. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 823.4 of Title 70, unless there
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22 is created a duplication in numbering, reads as follows:
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23 ATHLETE AGENT; REGISTRATION REQUIRED; VOID CONTRACT.
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 1 A. Except as otherwise provided in subsection B of this
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2 section, an individual may not act as an athlete agent in this state
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3 without holding a certificate of registration under the Revised
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4 Uniform Athlete Agents Act.
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5 B. Before being issued a certificate of registration under the
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6 Revised Uniform Athlete Agents Act an individual may act as an
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7 athlete agent in this state for all purposes except signing an
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8 agency contract, if:
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9 1. A student athlete or another person acting on behalf of the
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10 athlete initiates communication with the individual; and
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11 2. Not later than seven (7) days after an initial act that
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12 requires the individual to register as an athlete agent, the
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13 individual submits an application for registration as an athlete
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14 agent in this state.
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15 C. An agency contract resulting from conduct in violation of
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16 this section is void, and the athlete agent shall return any
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17 consideration received under the contract.
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18 SECTION 5. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 823.5 of Title 70, unless there
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20 is created a duplication in numbering, reads as follows:
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21 REGISTRATION AS ATHLETE AGENT; APPLICATION; REQUIREMENTS;
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22 RECIPROCAL REGISTRATION.
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23 A. An applicant for registration as an athlete agent shall
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24 submit an application for registration to the Secretary of State in
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 1 a form prescribed by the Secretary of State. The applicant must be
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2 an individual, and the application must be signed by the applicant
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3 under penalty of perjury. The application must contain at least the
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4 following:
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5 1. The name and date and place of birth of the applicant and
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6 the following contact information for the applicant:
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7 a. the address of the applicant's principal place of
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8 business,
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9 b. work and mobile telephone numbers, and
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10 c. any means of communicating electronically including a
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11 facsimile number, electronic-mail address, and
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12 personal and business or employer websites;
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13 2. The name of the applicant's business or employer, if
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