SB 389 — AMUSEMENTS/SPORTS: Provides for agents and athletes. (gov sig) (EN +$62,400 GF EX See Note)

(i) For compensation or in anticipation of compensation, enters into an agent contract with an athlete or, directly or indirectly, recruits or solicits an athletetoenterintoanagentcontractorprofessionalsportservicescontractwithany person, or who offers anything of value to any person to induce an athlete to enter into an agreement by which any person will represent the athlete, or who for anything of value procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team.

(ii) An individual who, for compensation or in anticipation of compensation, represents or advises an athlete in connection with an endorsement contract, or endorsement activities, including name, image, and likeness matters.

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389 (b)ENROLLED Theinterscholasticorintercollegiatesport,butonlywithrespecttothatsport,oran termindividual shallwho nothas includecompleted anhis individuallast intercollegiate or interscholastic sports contest, including postseason contests, or who performshas anynotified ofin writing the followingathletic activities:directororhead coachof the school or institution at whichheis participatingthat he is renouncing his eligibility to participate on such sports team.

(4)(a)"Athleteagent"meansanypersonwhoanindividual, whetherornot registered under this Chapter, who does either of the following:

(i) For compensation or in anticipation of compensation, enters into an agent contract with an athlete or, directly or indirectly, recruits or solicits an athletetoenterintoanagentcontractorprofessionalsportservicescontractwithany person, or who offers anything of value to any person to induce an athlete to enter into an agreement by which any person will represent the athlete, or who for anything of value procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team.

(ii) An individual who, for compensation or in anticipation of compensation, represents or advises an athlete in connection with an endorsement contract, or endorsement activities, including name, image, and likeness matters.

(b) The term shall not include an individual who performs any of the following activities:

(cc)Page Receives4 considerationof for22 providingCoding: the services calculated using a different method than for an individual who is not a student athlete.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

389 ENROLLED (cc) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.

Page(8) 5"Division" means the public protection division of 26the Coding:Department of Justice.

(9) "Educational institution" means any institution of higher education in this state, including any postsecondary institution, community college, college, institution of higher learning, or university, whether public or private.

(10)"Endorsementactivities"means any activityoractivitiesrelatedto advertisingorsponsorshipinwhichanathlete,forconsiderationorothervalue, uses or permits the use or association of the athlete's name, image, likeness, publicity, reputation, following, fame, or other personal or commercial attributes, whether or not related to the athlete's athletic ability or performance.

(11) "Endorsement contract" means an agreement under which an athlete is employed or receives anything of value to permit the use, promotion, Page 5 of 22 Coding:

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389 (8)ENROLLED "Division"or meansassociation of the publicathlete's protectionname, divisionimage, ofand likeness, publicity, reputation, following, fame, or other personal or commercial attributes, whether or not related to the Departmentathlete's ofathletic Justice.ability or performance.

(9)"Endorsementcontract"meansanagreementunderwhichanathlete is employed or receives anything of value to permit the use, promotion, or association of the athlete's name, image, and likeness, publicity, reputation, following, fame, or other personal or commercial attributes, whether or not related to the athlete's athletic ability or performance.

(10)"Endorsementactivities"means any activityoractivitiesrelatedto advertisingorsponsorshipinwhichanathlete,forconsiderationorothervalue, uses or permits the use or association of the athlete's name, image, likeness, publicity, reputation, following, fame, or other personal or commercial attributes, whether or not related to the athlete's athletic ability or performance.

(11)"Educationalinstitution"meansanyinstitutionofhighereducation in this state, including any postsecondary institution, community college, college, institution of higher learning, or university, whetherpublic or private.

(11)(13)"Intermediaries"or"thirdperson"meansanypersonsotherthanthe(11)(13)"Intermediaries"or"third person"meansanypersonsotherthanthe athlete agent or the athlete.

Page(14)(17) 6"School" ofmeans 26any Coding:secondary school in this state, including high schools and junior high schools, that has an athlete contract with an athlete.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-559 REENGROSSED SB NO.

389 (14)(17) "School" means any secondary school in this state, including high schools and junior high schools, that has an athlete contract with an athlete.

An individual who is not registeredregisteredpursuant pursuant to this Chapter may act as an athlete agentPage in6 this state for purposes other than entering into an agent contract or endorsement contract if all of the22 followingCoding: occur:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

389 ENROLLED agent in this state for purposes other than entering into an agent contract or endorsement contract if both of the following occur:

PageB.(1) 7A ofwritten 26application Coding:for registration or renewal shall be signed bythe applicant, notarized, made to the division on a form prescribed by the division, and shall state:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-559 REENGROSSED SB NO.

389 B.(1) A written application for registration or renewal shall be signed bythe applicant, notarized, made to the division on a form prescribed by the division, and shall state:

(c)Thenameandaddressofeachbusiness(c)The oremployerofnameand theapplicant,addressofeachbusinessoremployeroftheapplicant, including the nature and form of the business.

(d)Page Each7 social-mediaof account22 withCoding: which the applicant or the applicant's business or employer is affiliated.

(b)(e)ThebusinessWords oroccupationengagedinwhich bytheapplicantforduringare thestruck fivethrough yearsare immediatelydeletions precedingfrom theexisting datelaw; of application, including any professionaloroccupationallicenses,registrations,orcertificationsheldduring that period.

words in boldface type and underscored are additions.

SB NO.

389 ENROLLED (d) Each social-media account with which the applicant or the applicant's business or employer is affiliated.

(b)(e)Thebusiness oroccupationengagedinbytheapplicantforduring the five years immediately preceding the date of application, including any professionaloroccupationallicenses,registrations,orcertificationsheldduring that period.

Page(d)(i) 8The names and addresses of 26all Coding:persons, except bona fide employees on stated salaries, who are financiallyinterested as partners, associates, or officers, managers, members, profit sharers, or who directly or indirectly hold an ownership or equity interest of five percent or greater in the applicant's operation of the business of the athlete agent.

(e)(j)The names and addressesof all athletes for whom theapplicant acted as an athlete agent is providing professional services for compensation at the time of the renewal within the five years preceding the date of this application, including the sport and last-known educational institution or school.

(f)(k) The name and address of the applicant's agent for service of process, including an affidavit accepting such appointment from the applicant's agent for service of process, if not previouslyfiled and on record with the secretaryof state.

(l)Whethertheapplicant,orany person identified inSubparagraph (h) of this Paragraph, has been denied, has suspended, has withdrawn, or has terminated any state or federal professional, occupational, or business license, including any reprimand or censure.

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389 (d)(i)ENROLLED The(m)Whethertheapplicant,oranypersonidentifiedinSubparagraph(h) names and addresses of allthis persons,Paragraph, excepthas bonabeen fidea employeesdefendant on stated salaries, who are financiallyinterested as partners, associates, or officers,respondent managers,in members,any profitcivil sharers,proceeding orwithin whothe directlypreceding orfifteen indirectlyyears, holdincluding an ownership or equity interest of five percent or greater in the applicant'snature operationand ofdisposition the business of the athleteproceeding. agent.

(e)(j)The names and addressesof all athletesfor whom the applicant acted as an athlete agent is providing professional services for compensation at the time of the renewal within the five years preceding the date of this application, including the sport and last-known educational institution or school.

(f)(k) The name and address of the applicant's agent for service of process, including an affidavit accepting such appointment from the applicant's agent for service of process, if not previouslyfiled and on record with the secretaryof state.

(l)Whethertheapplicant,oranypersonidentifiedinSubparagraph (h) of this Paragraph, has been denied, has suspended, has withdrawn, or has terminated any state or federal professional, occupational, or business license, including any reprimand or censure.

(m)Whethertheapplicant,oranypersonidentifiedinSubparagraph(h) of this Paragraph, has been a defendant or respondent in any civil proceeding within the preceding fifteen years, including the nature and disposition of the proceeding.

Page(q) 9Each instance in which conduct of 26the Coding:applicant, or any person identified in Subparagraph (h) of this Paragraph, resulted in a sanction, suspension, or declaration of ineligibility imposed on an athlete or an educational institution or school.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-559 REENGROSSED SB NO.

389 (q) Each instance in which conduct of the applicant, or any person identified in Subparagraph (h) of this Paragraph, resulted in a sanction, suspension, or declaration of ineligibility imposed on an athlete or an educational institution or school.

An initial registration is valid until the first June thirtieth followingPage the9 date of the22 registration.Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

389 ENROLLED following the date of the registration.

(b) A statement signed under penalty of perjury and identifying any material change in the information contained in the application or affirming Pagethat 10no ofmaterial 26change Coding:has occurred.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-559 REENGROSSED SB NO.

389 that no material change has occurred.

The registration or renewal of registration issued pursuant to this Chapteris valid fortwofortwoyears.Renewaloftheregistrationshall years.Renewalbemadeby ofthe theregistrationshallbemadebythe filing of an application for renewal.

F.(1) If acting as an athlete agent in this state, a nonresident individual shall appoint a registered agent with the Louisiana secretaryof state's office to serve as his agent for service of process in any civil or administrative action arisingPage from10 conductof under22 thisCoding: Chapter.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

389 ENROLLED arising from conduct under this Chapter.

(2) The backgroundapplicant checkshall maybear includethe butcost isof notthe limitedbackground to:check.

Page(3) 11Failure to consent to or cooperate with the background check shall result in denial of 26the Coding:application.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-559 REENGROSSED SB NO.

389 (a)Criminalhistoryrecordschecksthroughstateandfederaldatabases.

(b) Fingerprint-based background checks.

(c) Verification of information provided in the application.

(d) Credit history checks.

(e) Professional licensing verification.

(3) The applicant shall bear the cost of the background check.

(4) Failure to consent to or cooperate with the background check shall result in denial of the application.

The division may, pursuant to an adjudicatory hearing, refuse to issue or renew a registration upon proof that the applicant has engaged in any one or more ofthefollowingactivities:Theofthefollowingactivities:Thedivision division mayrefuse toissue orrenewacertificateorrenew acertificate ofregistrationtoanapplicantforregistrationifthedivisiondeterminesthatthe applicant fails tocomply withwithany any requirementof this Chapter,ortherulesthe division adopts, including but not limited to submitting an incomplete application orfailingtoprovideanyinformation,document,orfeerequiredby R.S.

The division may refuse to issue or renew or may suspend or revoke acertificateofregistrationifthedivisionacertificateof registrationif thedivision determinestheapplicanthasengaged inconductthathasasignificantlyadverseeffectontheapplicant'sfitnesstoact as an athlete agent.

(2)Haseverbeenconvictedoffraud,embezzlement,afelonioustheft,oranyPage other11 crime involving a misappropriation of funds,22 whichCoding: could render him unfit in a fiduciary capacity.

(3)Hasengagedin conductwhichviolatesorcausesanathletetoviolateany Page 12 of 26 Coding:

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389 ruleENROLLED or(2)Haseverbeenconvictedoffraud,embezzlement,afelonioustheft,orany regulationother promulgatedcrime byinvolving anya federationmisappropriation orof association.funds, which could render him unfit in a fiduciary capacity.

(3)Hasengagedinconductwhichviolatesorcausesanathleteto violateany rule or regulation promulgated by any federation or association.

The division shall refusetorefuse to issue or renew or shall suspend or revoke a certificate of registration if the division determines the applicant has ever engaged in either of the following:

(1) PleadPleaded guilty or no contest to, or has been convicted of fraud, embezzlement, a felonious theft, any crime involving moral turpitude, or any other crime involving a misappropriation of funds, which could render him unfit in a fiduciary capacity.

(2) Made false or misleading, deceptive, or fraudulent statements of a materialnatureinmaterial nature in his application forforregistrationorrenewal, registration or renewal,in orin his conduct as an athlete agent.

Prior to a denial, refusal to renew, suspension, or revocation of registration,Page the12 division shall notify the applicant or athlete agent in writing by certified mail of the22 reasonsCoding: for denial, refusal to renew, suspension, or revocation and of the date of the hearing.

All adjudicatoryhearings shall be held in accordance Page 13 of 26 Coding:

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389 withENROLLED registration, the Administrativedivision Procedureshall Act.notify the applicant or athlete agent in writing by certified mail of the reasons for denial, refusal to renew, suspension, or revocation and of the date of the hearing.

All adjudicatoryhearings shall be held in accordance with the Administrative Procedure Act.

(a) A statement that the athlete agent is registeredregisteredas as an athlete agent in this state and a list of any other states in which the athlete agent is registered.

(b)The amount and method of calculating theconsideration orfeetobe paid by or on behalf of the athlete to the athlete agent in connection with any Page 1413 of 2622 Coding:

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389 ENROLLED (b)The amount and method of calculating theconsideration orfeetobe paid by or on behalf of the athlete to the athlete agent in connection with any endorsement contract or endorsement activity, and any other consideration or fee the athlete agent has received or will receive from any source.

(c)The nameandname aand descriptionadescription of the compensation of any third person who will be compensated in connection with any endorsement contract or endorsement activity in which the athlete participates.

The division may adopt rules, in accordancewithaccordance with the Administrative Procedure Act, prescribing any of the following:

F.(1) An athlete agent who represents an athlete in connection with an Page 1514 of 2622 Coding:

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389 endorsementcontractforcompensationfortheuseoftheathlete'sname,image,ENROLLED andF.(1) likeness,An shallathlete ensureagent thewho represents an athlete disclosesin theconnection endorsementwith contractan toendorsementcontractforcompensationfortheuseoftheathlete'sname,image, and likeness, shall ensurethattheathletedisclosestheendorsementcontractto the educational institution or school pursuant to R.S.

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389 ENROLLED B.

(3)Adutyto(3)A dutyto refrainfrom anycontacts with ananathleteuntil athlete until havingcomplied with notification requirements to the institutions or schools division as required by Subsection D of this Section provided in R.S.

(6) A duty to refrain from any conduct which would cause the athlete to violateanyrule of the federationorfederationorassociationofwhichtheeducational associationofwhichtheeducational institution or school where the athlete is participating in sports contests is a member.

(2) A duty to refrain from any conduct which would cause the educational institution or school to violate the rules of the federationor association of which the educationalinstitutionorschoolwheretheathleteiseducational participatingininstitution sportscontestsorschoolwheretheathleteisparticipatingin Pagesports 17contests ofis 26a Coding:member.

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389 isENROLLED a(3) member.A duty to notify the athletic director of the institution or school that the athlete attends and the head coach of the sport in which the athlete competes seven days inadvanceofanycontactwith anathleteofanintentbytheagent to contactthe athlete for purposes of representation, with respect to agent contracts only.

(3) A duty to notify the athletic director of the institution or school that the athlete attends and the head coach of the sport in which the athlete competes seven days in advanceofanycontactwith anathleteofanintentbytheagent to contactthe athlete for purposes of representation, with respect to agent contracts only.

With respect to endorsement contracts or endorsement activities relatedtoanrelatedtoanathlete'sname,image,andlikenessmatters,theathleteagent,and athlete'sname,image,andlikenessmatters,theathleteagent,and any athlete with whom the athlete agent engages with, shall comply with all applicable requirements of R.S.

*F. * * §426.

Violations;A determination by the attorney general that a particular agent or agency fee is unreasonable may be subject to judicial review by the Nineteenth Judicial District Court based on the record only and based on an abuse of discretion standard.

penalties* A.* * Page 17 of 22 Coding:

An athlete agent who violates the provisions of this Chapter is subject, Page 18 of 26 Coding:

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389 pursuantENROLLED to§426. an adjudicatory hearing or district court proceeding, to:

Violations;

penalties A.

An athlete agent who violates the provisions of this Chapter is subject, pursuant to an adjudicatory hearing or district court proceeding, to:

4:424 or engages in conduct prohibited by that Section, shall, upon conviction, be guilty of a felonypunishable by a fine of no less thanonethousanddollarsandnotmorethantenthousanddollarsorbyimprisonment withPage or18 withoutof hard22 laborCoding: for up to five years, or both.

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389 E.G.ENROLLED with or without hard labor for up to five years, or both.

E.G.

(2) The division may require registered agents to report annually, or upon request,thenamesrequest,thenamesof ofathletesforwhom athletesforthey whomtheyhave haveprovidedprovided suchservices intheprecedingyear,includingthesportandlast-knowneducationalinstitution or school, to facilitate compliance monitoring and enforcement under this Chapter and R.S.

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389 ENROLLED §432.

If an athlete loses his eligibility to participate in sports sanctioned by the federationorassociationofwhichtheschooloreducationalinstitutionisamember, or if the school or educational institution is investigated or sanctioned by such federation or association as a result of anyanyviolation violation of the rules of the federation or association of which the school or educational institution is a member, the school or educational institution of higher education that such athlete attended shall have a cause of action, specifically including but not limited to an action of tortious interference with a contract, against such athlete, the athlete agent of such athlete, and any other parties connected with the violation.

An athlete may bring a civil action against an athlete agent for damages if the athlete is adversely affected by an act or omission of the athlete agentin violationofviolation of this Chapter.AnChapter.Anathleteis athleteis adverselyaffectedif,becauseof the act or omission, the athlete is harmed by either of the following:

Notwithstanding any other provision of this Chapter to the contrary, it shall be unlawful for any person to make or offer a monetarypayment,monetary payment, or anything of value to an athlete or any other person where such offer does anyanyone one or both of the following:

(1) Causes or is intended to cause the athlete to be penalized or to lose his eligibilitytoparticipateinsportssanctionedbythefederationorassociationofwhich Page 2120 of 2622 Coding:

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389 eligibilitytoparticipateinsportssanctionedbythefederationorassociationofwhichENROLLED the school or institution is a member.

PageSection 223. of 26 Coding:

This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature Page 21 of 22 Coding:

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389 ENROLLED by the governor, as provided by Article III, Section 3.18 of the Constitution of Louisiana.

This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.

ThePRESIDENT originalOF instrumentTHE andSENATE theSPEAKER followingOF digest,THE whichHOUSE constitutesOF noREPRESENTATIVES partGOVERNOR ofOF theTHE legislativeSTATE instrument,OF wereLOUISIANA preparedAPPROVED: by Senate Legislative Services.

ThePage keyword,22 summary, and digest do not constitute part of the22 lawCoding: or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 389 Reengrossed 2026 Regular Session Connick Presentlawprovidesforthelicensingandregulationofagentsrepresentingprofessionaland prospective professional athletes.

Proposed law retains present law with respect to licensing and regulation of agents representing professional and prospective professional athletes and adds those agents representing student athletes in college and high school.

Present law defines an "athlete agent" as any person who recruits or solicits an athlete to enter into an agent contract or professional sport services contract with any person, or who offers anything of value to any person to induce an athlete to enter into an agreement by which any person will represent the athlete, or who for anything of value procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team.

Proposed law defines an "athlete agent" as an individual who does any of the following:

(1) Enters into an agent contract with an athlete or, directly or indirectly, recruits or solicits an athlete to enter into an agent contract for compensation or in anticipation of compensation.

(2) Represents or advises an athlete in connection with an endorsement contract, or endorsement activities, including name, image, and likeness matters for compensation or in anticipation of compensation.

Proposed law defines "endorsement activities" as any activity or activities related to advertising or sponsorship in which an athlete, for consideration or other value, uses or permits the use or association of the athlete's name, image, likeness, publicity, reputation, following, fame, or other personal or commercial attributes, whether or not related to the athlete's athletic ability or performance.

Proposed law defines an "endorsement contract"as an agreement under which an athlete is employed or receives anything of value to permit the use, promotion, or association of the athlete'sname,image,andlikeness,publicity,reputation,following,fame,orotherpersonal or commercial attributes, whether or not related to the athlete's athletic ability or performance.

Present law requires an athlete agent to register with the Dept.

of Justice public protection division.

Proposed law retains present law and further requires that an individual who is not Page 23 of 26 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-559 REENGROSSED SB NO.

389 previously registered may act as an athlete agent for purposes other than entering into an agent contract or endorsement contract if all of the followingoccur:

(1) The athlete or third person acting on behalf of the athlete initiates communication with the individual.

(2) Notlaterthansevendaysaftertheinitialactthatrequiresregistrationunderproposed law, the individual submits a completed application for registration to the division.

Proposedlaw provides that the registration or renewalofregistration bevalidfortwoyears.

Proposed law requires a nonresident individual acting as an athlete agent in this state to appointaregisteredagentwiththeLouisianasecretaryofstate'sofficetoserveastheiragent for service of process in any civil or administrative action arising from conduct under proposed law.

Proposedlawrequiresnonresidentathleteagentstoappointthesecretaryofstateashisagent for service of process in any civil or administrative action arising from conduct under proposed law.

Proposed law requires the attorney general to prescribe training for all applicants for registration as an athlete agent.

Proposed law requires each applicant to consent to and submit to a background check conducted by or on behalf of the division.

Proposed law authorizes the division to refuse to issue or renew a certificate of registration to an applicant for registration if the division determines that the applicant fails to comply with any requirement of proposed law, or the rules the division adopts.

Proposed law authorizes the division to refuse to issue or renew or maysuspend or revoke a certificate of registration if the division determines the applicant has engaged in conduct that has a significantly adverse effect on the applicant's fitness to act as an athlete agent.

Proposed law requires the division to refuse to issue or renew or to suspend or revoke a certificate of registration if the division determines the applicant has ever plead guiltyor no contest to, or has been convicted of fraud, embezzlement, a felonious theft, any crime involving moral turpitude, or anyother crime involving a misappropriation of funds, which could render him unfit in a fiduciarycapacity.

Proposedlawgovernstherelationshipbetweenanathleteandanathleteagentinconnection with endorsement contracts and activities, including name, image, and likeness (NIL) matters.

Further requires the athlete agent to execute a written endorsement representation disclosure, signed by both the agent and athlete, which shall govern the relationship for endorsement representation.

Proposed law requires the endorsement representation disclosure to include a statement of the athlete agent’s registration status and a list of other states where the agent is registered.

Requiresdisclosureoftheamountandmethodofcalculatingfeesorconsiderationtobepaid to theathleteagent,includinganycompensationreceivedortobereceivedfromanysource.

Further requires disclosure of the name of any third party receiving compensation in connectionwithanendorsementcontractoractivityandadescriptionofsuchcompensation.

Proposed law requires the athlete agent and athlete to retain an endorsement representation disclosure and produce it upon request by the division or subpoena.

Further provides that failureofanathlete agent to executean endorsement representationdisclosure will resultin forfeiture of compensation.

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Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

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389 Proposed law requiresan endorsement contractforcompensationforthe use of the athlete's NIL be disclosed to the educational institution before or upon execution and comply with present law.

Proposed law requires an athlete agent to ensure that endorsement contracts are disclosed totheathlete'seducationalinstitution,prohibitsrepresentationinendorsementactivitiesthat would jeopardize the athlete's eligibility, and requires compliance with all applicable laws and rules governing NIL activities.

Proposedlawrequiresthatendorsementrepresentationdisclosureorendorsementactivities related to an athlete's NIL matters;

the athlete agent;

and the athlete to comply with all applicable requirements of present law and anyrules adopted by the division.

Proposed law provides that upon a finding that an athlete agent has violated a provision of proposed law, as determined from admissions of the athlete agent freely and voluntarily made or as the result of an adjudicatory hearing, the administrative law judge may assess a fine against an athlete agent not to exceed $100,000 for a violation of proposed law.

Proposed law requires that all monies received from the payment of the fines imposed and collected pursuant to the provisions of proposed law be deposited into the Dept.

of Justice LegalSupportFundandused,totheextentpossible,tofundtheprovisionsofproposedlaw.

Proposed law authorizes the division to maintain a record or database of registered athlete agents.

Proposed law provides that an athlete may bring a civil action against an athlete agent for damages if the athlete is adversely affected by an act or omission of the athlete agent in violation of proposed law.

Proposed law authorizes the court to award actual damages, court costs, and reasonable attorney's fees.

Proposed law provides that if an athlete agent is found liable, he forfeits any right to compensation and shall refund any consideration paid to him.

Proposedlawprovidesthataviolationofproposedlawconstitutesanunfairordeceptiveact or practice in trade or commerce for purposes of the Louisiana Unfair Trade Practices and Consumer Protection Law.

Proposedlawrequiresathleteagentsoperatingpriortotheeffectivedateoftheproposedlaw to register byAugust 1, 2026, and prohibits unregistered agents from continuing operations until registration is complete.

Effective upon signature of the governor or lapse of time for gubernatorial action.

(Amends R.S.

4:420, 421(A), 422, 422.1, 423(G)(4), 424(A)(6) through (9), (B), (C), (D), and (E), 426, 431, 432(A), and 433(A) and (B);

adds R.S.

4:423.1, 424(A)(10), 427(A)(8), 432.1, 434, and 435;

repeals R.S.

4:425 and 430) Summary of Amendments Adopted by Senate Committee Amendments Proposed bySenate Committee on Commerce,Consumer Protection, and International Affairs to the original bill 1.

Expands the definitions of "athlete" and "athlete contract".

2.

Removestherequirementthattheapplicationsignedunderpenaltyofperjury be notarized.

3.

Makes registration mandatory.

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Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

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389 4.

Establishes a formalendorsementrepresentationdisclosuregoverningagent relationships for endorsement and name, image, and likeness matters.

5.

Changes the term from endorsement contract to endorsement representation disclosure.

6.

Expands disclosures to include all compensation or fees received by the agent from any source.

7.

Adds requirements for athlete agent and athlete to retain disclosures and produce them upon request bythe division or subpoena.

8.

Provides that failure of an athlete agent to execute an endorsement representation disclosure will result in forfeiture of compensation.

9.

Adds name, image, and likeness requirements, including disclosure to schools, and prohibition on representation that jeopardizes eligibility.

10.

Requires existing athlete agents to register by August 1, 2026, or cease operations.

11.

Makes technical changes.

Senate Floor Amendments to engrossed bill 1.

Provide for the definition of "endorsement activities".

2.

Require a nonresident individual acting as an athlete agent in this state to appoint a registered agent with the secretaryof state's office to serve as their agent for service of process.

3.

Provide that all monies received from the payment of the fines imposed and collected pursuant to the provisions of proposed law are deposited into the Dept.

of Justice Legal Support Fund.

4.

Remove language pertaining to the database of registered athlete agents.

5.

Require an athlete agent to refund any consideration paid to him if found liable in a civil action.

6.

Make technical changes.

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