SB 439 — Adopting Revised Uniform Athlete Agents Act of 2015

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Red = new code to be enacted WEST VIRGINIAvirginia LEGISLATURElegislature REGULARregular SESSIONsession IntroducedCommittee Substitute for Senate Bill 439 By Senators Woodrum, Trump, and Lindsay [Introduced[Originating Januaryin 20,the 2022;Committee on the Judiciary;

referredreported toon theJanuary Committee27, on2022] the  Judiciary]  A BILL to amend and reenact §30-39-1, §30-39-2, §30-39-3, §30-39-4, §30-39-5, §30-39-6, §30-39-7, §30-39-9, §30-39-10, §30-39-11, §30-39-12, §30-39-13, §30-39-14, §30-39-15, §30-39-16, §30-39-19, and §30-39-21 of the Code of West Virginia, 1931, as amended, all relating to adopting the Revised Uniform Athlete Agents Act of 2015;

allowing the Secretary of State to consider whether the athlete agent has pled guilty or no contest to a crime of moral turpitude in decision to issue registration;

This article may be cited as the Revised Uniform Athlete Agents Act (2015).of 2015.

“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 an athlete agent, who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing.

References to “this state” meanmeans the Statestate of West Virginia.

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 is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage inin, any interscholastic or intercollegiate sport.

and (C) Any means of communicating electronically with the applicant, including a facsimile number, electronic mail address, and personal, andbusiness, business or employer websites.

and (B) With respect to a corporation employing the athlete agent, the officers, directors and any shareholder of the corporation having an interest of five percent or greater An officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent or greater in the corporation;corporation.

(9) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to subdivision (7) of this subsection has made a false, misleading, deceptive, or fraudulent representation the applicant, or any person named under §30-39-5(a)(7) of this code has pleaded guilty or no contest to, or has been convicted of,of or has charges pending for a crime that would involve moral turpitude or be a felony if committed in this state, and which is factually related to their practice as an athlete agent and, if so, identification of:

(b) The Secretary of State may refuse to issue a certificate of registrationregistration, 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 act as an athlete agent.

(1) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony 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 this state, and which is factually related to their practice as an athlete agent;

(1) Fifty dollars $100One hundred dollars for an initial application for registration;

(2) Fifty dollars $100One hundred dollars for an application for registration based upon a certificate of registration or licensure issued by another state;

(3) Ten dollars $50Fifty dollars for an application for renewal of registration;

or (4) Ten dollars $50Fifty dollars for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETESTUDENT ATHLETE IN YOUR SPORT;

CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT-ATHLETESTUDENT ATHLETE IN YOUR SPORT.

(5) PredatePre-date or postdatepost-date an agency contract;

Electronic Signaturessignatures in Globalglobal and Nationalnational Commercecommerce Act.act.

106-229, 114 Stat.

464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C.

§7001 et seq., but does not modify, limit, or supersede Sectionsection 101(c) of that act, 15 U.S.C.

§7001(c), or authorize electronic delivery of any of the notices described in Sectionsection 103 (b) of that act, 15 U.S.C.

This article takes effect on July 1, 20012001. 2022.

 This NOTE:article does not apply to any agreement or contract executed, amended, adjusted, or renewed prior to the effective date of this article.

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