50 States in 50* Days - Illinois Athlete Agent Regulation

Okay, okay. I realize that Illinois should have been up next in the 50 States in 50* Days Series, but can you really blame me?  It is one of a handful of states that does not have a state law regulating the activities of its athlete agents.  Cut me some slack while I try to make this post longer than three sentences.

Northern Illinois University's compliance folks have set up a webpage for Sports Agent / Financial Advisor information, but the links to the NIU Agent Policy and Agent Registration form aren't links at all.

Illinois is mentioned in Chapter 7 of The Business of Sports Agents Second Edition (review coming soon), as the authors discuss whether attorney agents are subject to the ethical rules that govern attorneys.  A 1980 advisory opinion of the Illinois State Bar Association concluded that "when an attorney engaged in the private practice of law represents a client in contract negotiations and general business counseling, these activities constitute the practice of law."  Pretty interesting considering that not many courts or governing bodies have even opined on the issue that in one state that has there isn't a law governing agent activity.  

Not that attempts haven't been made.  The Illinois Legislature has introduced the Uniform Athlete Agents Act a couple of times over the last several years, but obviously to no avail. 

There is hope - Colorado recently passed the UAAA after some failed attempts -  stay tuned for an update on the happenings in Colorado.

50 States in 50* Days - Indiana Athlete Agent Regulation

Trying to restore some order around here - the next stop in the 50 States in 50 Days Series is Indiana.  Indiana, home to the NCAA, is another Uniform Athlete Agent Act state and agents are governed by the Indiana Uniform Athlete Agent Act . 

Athlete agents who violate provisions of the Act may be liable for a felony and educational institutions may have a right of action against the agent as well as former student-athletes. In addition, an athlete agent who is guilty of violating provisions of the act may face civil penalties of up to $25,000 per violation.

Athlete agents are required to file a registration form with the Indiana Attorney General. Registration will cost you $700.00 and is good for two years. 

The Indiana University Athletic Department Compliance office has developed a Guide for Athlete Agents and a questionnaire and registration form.  Purdue also requires athlete agents to register with the athletic department.

Kudos to Ball State's Compliance office for putting out a ton of information regarding athlete agents and for making it clear to agents that registering with the athletic department does not mean that the agent has complied with Indiana's Uniform Athlete Agent Act registration requirements.  The Ball State Athletic Department puts out its own Agent Policies and Procedures,  Agent Questionnaire, Agent Terms and Conditions, and Guidelines for Agents.  If agents are unsure about what is expected of them after reading these materials, then it might be time to find a new line of work.  

Have a great 4th of July weekend!

50 States in 50* Days - North Carolina Athlete Agent Regulation

By special request, North Carolina leaps ahead of the list in the 50 States in 50* Days series. North Carolina is a Uniform Athlete Agent Act state.

The Athlete Agent Registration Office within the Department of the Secretary of State is responsible for the administration of the North Carolina Uniform Athlete Agent Act.

The Office provides a useful FAQ for athlete agents and every conceivable form that an agent could want (and one that they might not want to see with their name on it) .

The eleven page registration form is available online and registration will set you back $200. Luckily, the renewal application is only four pages, but you still have to pay $200.

An Athlete Agent Complaint Form is available on the Office's website. In addition to its intended use , the four-page complaint form also provides a good checklist for agents (and aspiring agents) on behaviors to avoid in their practice.

Finally, the Athlete Agent Registration Office also provides a handy listing of registered athlete agents.

The University of North Carolina's Athletic Department requires athlete agents to register annually by filling out a registration form or renewal form. North Carolina State also requires athlete agents to fill out a registration form.

Who really knows which state will be next or when the next post will happen, but thanks for reading and stay tuned...

Hawaii Athlete Agent Law Takes Effect July 1

Just a reminder that Hawaii's athlete agent law takes effect next Tuesday, July 1.

As I discussed in the 50 States in 50* Days - Hawaii Athlete Agent Regulation post, Hawaii adopted its version of the Uniform Athlete Agent Act in 2007.

The Department of Commerce and Consumer Affairs has issued an Important Announcement Regarding Uniform Athlete Agent Applicants that lets applicants know that the law takes effect on July 1st and that the registration form is now available. Applicants can submit the form prior to July 1, but it won't be processed until the law takes effect.

Initial registration will set you back $375.

NFLPA - Basics of Agent Certification

Last week, NFLPlayers.com featured a brief story on the Basics of Agent Certification. Highlights include:

A summary of the NFLPA's authority regarding agent regulation;

A description of what it takes for someone to become certified as a contract advisor (agent);

A rundown of CARD (Committee on Agent Regulations and Discipline)'s initiatives designed to level competition including limiting communications between agents and potential clients and disclosure requirements.

According to the article, there are currently 850 certified contract advisors. The NFLPA also reveals that since 1993 CARD has imposed discipline on over 130 agents for violations of the regulations.

Runners Roundtable at TrueHoop

Very interesting discussion happening over at TrueHoop. The first part of Runners and Recruiting: A Roundtable is up now and the rest is coming tomorrow. People with knowledge and experience in a conversation about the impact runners are having on basketball. Good read, check it out.

50 States in 50* Days - West Virginia Athlete Agent Regulation

Yeah, I know - there is no way that I've done enough posts to already be at West Virginia in the 50 States in 50* Days series. However, in light of everything that's going on with OJ Mayo I might as well cover it now.

In case you missed it, Henry Abbott from TrueHoop and Bob Hertzel of the Times West Virginian both pointed out that despite all of the talk about how some folks might be in hot water under California's Miller-Ayala Athlete Agent Act - it might actually be West Virginia law that comes into play.

West Virginia is a Uniform Athlete Agent Act state. The West Virginia Uniform Athlete Agent Act went into effect in July of 2001 and is administered by the Secretary of State. It'll cost you $50 for the original application and $10 to renew.

West Virginia does not mess around when it comes to penalties for violating the act, including making it a felony for anyone who with the intent to induce a student-athlete to enter into an agency contract: (1) gives any materially false or misleading information or make a materially false promise or representation; (2) furnishes anything of value to a student-athlete before the student-athlete enters into the agency contract; or (3) furnishes anything of value to any individual other than the student-athlete or another registered athlete agent.

For more on how West Virginia's athlete agent laws may impact the OJ Mayo situation, check out the Henry's take on TrueHoop and Bob's article for the Times West Virginian.