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389 ENROLLED §421.

Definitions A.

As used in this Chapter:

(1) "Agent contract" means any contract or agreement, whether written or oral, under which an athlete authorizes an athlete agent individual to negotiate or solicit on behalf of the athlete for the employment of the athlete by one or more professional sports teams or organizations.

(2) "Anything of value" means any thing of value.

It shall be given the broadestpossibleconstruction,includinganyconceivablethingoftheslightestvalue, movable or immovable, corporeal or incorporeal, public or private, and specifically including transportation, telephone and telegraph services, or discounts, loans, advances, payments, other servicesavailableforhire,orotherbenefits.

It shall be construedinthepopularsenseofthephraseandnot necessarilyassynonymouswith the traditional legal term "property".

It shall specifically include but not be limited to a donation, sale, lease, loan, suretyship, and mortgage.

(3)(a) "Athlete" means a student who resides in this state, or a student who does not reside in this state but has informed in writing an institution of higher education in this state of the student's intent to participate in that school's intercollegiate sports contests, and who is characterized by either any of the following:

(i) Is eligible toparticipate,orwill beeligible toparticipate,in junior high, high school, or intercollegiate sports contests as a member of a sports team of a junior high, high school, or educational institution of higher education which is located in this state and or which is a member of a federation or association.

(ii) Has participated Participates as a member of such a sports team at a junior high, high school, or educational institution of higher education.

(iii) Resides in this state and is eligible to participate, or will be eligible to participate, in interscholastic or intercollegiate sports at any school or educational institution, whether or not located in this state.

(b) "Athlete" does shall not mean a student an individual who has been determined to be permanently ineligible to participate in a particular Page 3 of 22 Coding:

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389 ENROLLED interscholasticorintercollegiatesport,butonlywithrespecttothatsport,oran individual who has completed his last intercollegiate or interscholastic sports contest, including postseason contests, or who has notified in writing the athletic 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:

(i) Acts solely on behalf of a professional sports team or professional sports organization.

(ii) Is a licensed, registered, or certified professional and offers or provides services to an athlete customarily provided by members of the profession, unless the individual also performs any of the following activities:

(aa) Recruits or solicits the athlete to enter into an agent contract or endorsement contract.

(bb) Procures, for compensation, employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization.

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

(5)"Athletecontract"meansanycontractoragreementexecutedbyastudent an athlete with an educational institution or school concerning the student's participation in that educational institution's intercollegiate or school's sports contests or interscholastic athletic activities.

(6) "Certified by the appropriate players association" means that an athlete agent has received approval of his application for certification from the appropriate players association of the professional league for which he is soliciting athletes, has fulfilled all other requirements of the players association, and is in good standing before the players association.

(7) "Contact" means any communication, directly or indirectly, by an athlete agent or byanyintermediarywith an athlete, or with anythird person for the purpose of having that third person communicate with the athlete about the possibility of or formation of any business, financial, or other contractual relationship or agreement, including an agent contract, or a professional services contract, a professional sports services contract, or endorsement contract.

(8) "Division" means the public protection division of the 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 ENROLLED 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.

(12) "Federation or association" means any state or national federation, association, or commission for the promotion and regulation of interscholastic or intercollegiate sports governing athletes and their relationships with athlete agents.

(10) "Institution" means any institution of higher education in this state having an athlete contract with an athlete.

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

(12)(14) "Person" means an individual, estate, company, corporation, business or nonprofit entity association, partnership, or other legal entity.

(13)(15)"Registeredathleteagent"meansanathleteagentregisteredwiththe division under the provisions of this Chapter.

(16) "Registration" means registration as an athlete agent under this Chapter.

(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.

(18) "Recruit or solicit" means to attempt to influence the choice of an athlete by an athlete agent or, if the athlete is a minor, the athlete's parent or legal guardian, directly or indirectly.

* * * §422.

Registration of agents A.(1) An individual shall not act as an athlete agent shall register in this state unless the individual is registered with the division as provided in this Chapter before the athlete agent may contact an athlete.

(2) An athlete agent must first be certified by the appropriate professional players association or associations in the professional league or leagues for which he is soliciting athletes in order to be registered as an athlete agent in this state.

An individual who is not registeredpursuant to this Chapter may act as an athlete Page 6 of 22 Coding:

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

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

(b) Not later than seven days after the initial act that requires registration pursuant to this Chapter, the individual submits a completed application for registration to the division.

(3) Any agent contract,or designation of any consideration to or for the athlete agent or any third person in an endorsement contract, resulting from conductinviolationofthisSubsectionisvoidandunenforceable,andtheathlete agent shall return any consideration received under the contract.

(3)(4) For the purposes of this Chapter, any document required to be filed with the division shall be deemed filed when it is received either physically or electronically in any office designated by the division for the receipt of such documents.

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:

(a) The name of the applicant and the address of the applicant's principal place of business.

An applicant for registration as an athlete agent shall submit an application to the division on a form prescribed by the division.

The applicant shall be an individual.

(2) The application shall be signed by the applicant under penalty of perjury and shall include, at a minimum, the following information:

(a) The applicant's full name and date and place of birth.

(b) The applicant's principal place of business and all contact information, including work and mobile telephone numbers and means of electronic communication.

(c)The nameand addressofeachbusinessoremployeroftheapplicant, including the nature and form of the business.

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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.

(f) Whether the applicant is certified or registered by any professional sports league or players association, including the name of the association and the status of the certification.

(g)Adescriptionoftheapplicant'sformaltraining,practicalexperience, and educational background relating to activities as an athlete agent.

(c)(h) The names and addresses of three references, including any persons, if any, with whom the applicant has dealt in his capacityas an athlete agent or in the practice of his business or profession, not to exceed three such persons.

(d)(i) The names and addresses of all 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 ENROLLED (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.

(n)Whethertheapplicant,oranypersonidentifiedinSubparagraph(h) of this Paragraph, has an unsatisfied judgment, or a judgment of continuing effect.

(o)Whethertheapplicant,oranypersonidentifiedinSubparagraph(h) of this Paragraph, has been adjudicated bankrupt within the preceding ten years.

(p)Whethertherehasbeenanyadministrativeorjudicialdetermination that the applicant, or any person identified in Subparagraph (h) of this Paragraph, made a false, misleading, deceptive, or fraudulent representation.

(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.

(r)Eachsanction,suspension,denial,revocation,orrefusaltorenewany registration as an athlete agent in this or any other state.

(s) Each state in which the applicant is currently registered or has applied to be registered as an athlete agent.

(t)Anyadditionalinformationrequiredbythedivisiontoadministerthis Chapter.

(u)Proofofcompletionoftrainingasprescribedbytheattorneygeneral.

(2)(3) If the applicant is a corporation, the information required by this Subsection shall be provided by each officer of that corporation.

If the applicant is an association or partnership, such information shall be provided by each associate or partner.

C.

The registration is valid from July first of one year through June thirtieth of the following year.

An initial registration is valid until the first June thirtieth Page 9 of 22 Coding:

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389 ENROLLED following the date of the registration.

Renewal of the registration may be made by the filing of an application for renewal.

With respect to agent contracts, the applicant shall be certified by the appropriateplayer'sassociation.Certificationbyaplayer'sassociationshallnot be required for registration for an athlete agent engaged only for the purposes of endorsement contracts or endorsement activities pursuant to this Chapter, but any such certification shall be disclosed.

D.(1) An individual registered as an athlete agent in another state may apply for registration in this state by submitting all of the following:

(a) A copy of the application for registration filed in the other state.

(b) A statement signed under penalty of perjury and identifying any material change in the information contained in the application or affirming that no material change has occurred.

(c) A copy of the certificate of registration issued by the other state.

(2) The division may issue a certificate of registration if the division determines all of the following:

(a) The registration requirements of the other state are substantially similar to or more restrictive than those of this Chapter.

(b) The applicant's registration has not been suspended or revoked and no disciplinary action involving the applicant's conduct as an athlete agent is pending in any jurisdiction.

(3) The division may cooperate with other states and national organizations to develop common registration standards and to exchange information relating to disciplinary actions.

E.

The registration or renewal of registration issued pursuant to this Chapteris valid fortwoyears.Renewaloftheregistrationshall bemadeby the 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 Page 10 of 22 Coding:

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389 ENROLLED arising from conduct under this Chapter.

(2) The division may issue subpoenas for documents, records, and testimony relevant to the administration or enforcement of this Chapter.

D.G.

To produce sufficient revenue to offset the expenses incurred by the division in administering this Chapter, an annual registration fee of one hundred dollars shall be paid.

H.

The attorney general shall prescribe training for all applicants for registration as an athlete agent.

I.(1) As a condition of registration, each applicant shall consent to and submit to a background check conducted by or on behalf of the division.

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

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

§422.1.

Denial of registration;

refusal to renew;

revocation or suspension;

notification;

hearing A.

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:Thedivision mayrefuse toissue orrenew acertificate ofregistrationtoanapplicantforregistrationifthedivisiondeterminesthatthe applicant fails tocomply withany requirementof this Chapter,ortherulesthe division adopts, including but not limited to submitting an incomplete application orfailingtoprovideanyinformation,document,orfeerequiredby R.S.

4:422.

B.

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

In making the determination, the division may consider whether the applicant:

(1) Has made false or misleading statements of a material nature in his application for registration or renewal.

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389 ENROLLED (2)Haseverbeenconvictedoffraud,embezzlement,afelonioustheft,orany other crime involving a misappropriation of funds, which could render him unfit in a fiduciary capacity.

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

(4)(2) Has violated any provision of this Chapter or rules adopted pursuant to this Chapter.

(3) Has been denied certification byany professional players association.

(4) Has had a registration as an athlete agent denied, suspended, revoked, or refused renewal in this or any other state.

(5) Has engaged in conduct which has caused an educational institution or school to be investigated by or sanctioned by any federation or association.

(6) Has engaged in conduct that adversely reflects on the individual's credibility, honesty, or integrity.

C.

The division shall refuse 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) Pleaded 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 material nature in his application forregistrationorrenewal, or in his conduct as an athlete agent.

B.D.Thedivisionmay,pursuanttoanadjudicatoryhearingordistrictcourt proceeding, suspend or revoke a registration upon proof that an athlete agent has engaged in any of the activities enumerated in Subsection A Subsection B of this Section or for a violation of this Chapter or any rule adopted pursuant to this Chapter.

C.E.

Prior to a denial, refusal to renew, suspension, or revocation of Page 12 of 22 Coding:

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389 ENROLLED registration, the division shall 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.

F.Thedivisionmayissueatemporarycertificateofregistrationwhilean application for registration or renewal is pending.

§423.

Agent's contract;

schedule of fees;

maximum fee;

notification;

penalty * * * G.(1) * * * (4)Anyagentcontractexecutedbyastudentanathletewithanathleteagent who has failed to comply with the notification and disclosure requirements of R.S.

4:423(B)and424(C)and(D)thisSectionandR.S.4:424isvoidandunenforceable.

* * * §423.1.

Additional required disclosures for endorsement contracts;

rules A.

This Section governs the relationship between an athlete and an athlete agent when the athlete agent represents or advises the athlete in connection with an endorsement contract or endorsement activity, including name, image, and likeness matters.

B.(1) When an athlete agent represents or advises an athlete in connection with an endorsement contract or endorsement activity, the athlete agent shall, prior to or at the time of undertaking such representation, execute with the athlete a written endorsement representation disclosure.

The endorsementrepresentationdisclosureshallbesignedbyboththeathleteagent and the athlete and shall constitute the governing instrument of the agent-athlete relationship for the endorsement contract and endorsement activity representation under this Chapter.

(2) An endorsement representation disclosure shall contain, at a minimum, all of the following:

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

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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 name and adescription 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.

(d) A description of any expenses the athlete agrees to reimburse to the athlete agent.

(e) A description and scope of the services to be provided by the athlete agent to the athlete.

(f) The duration of the endorsement representation disclosure.

(g) The date of execution of the endorsement representation disclosure.

C.

The endorsementrepresentationdisclosure shall beretainedby both the athlete agent and the athlete.

The endorsement representation disclosure shall not be required to be filed with the division but shall be produced to the division upon request or subpoena.

D.

If an athlete agent fails to execute an endorsement representation disclosure as required by this Section, the athlete agent shall forfeit any right to compensation in connection with any endorsement contractor endorsement activity undertaken by the athlete.

E.

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

(1) The form and format of the endorsement representation disclosure required by Subsection B of this Section.

(2) Additional disclosures required to protect athletes, educational institutions and schools, and the public, including any risks to eligibility or institutional compliance.

(3) Required statements, acknowledgments, and warnings.

(4) Any other rule necessary to carry out the purposes of this Chapter.

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389 ENROLLED F.(1) An athlete agent who represents an athlete in connection with an endorsementcontractforcompensationfortheuseoftheathlete'sname,image, and likeness, shall ensurethattheathletedisclosestheendorsementcontractto the educational institution or school pursuant to R.S.

17:3701 et seq.

(2)Anathleteagentshallnotrepresentanathleteinconnectionwithany endorsement contract or endorsement activity that the athlete agent knows or reasonably should know would cause the athlete to lose eligibility.

G.

An endorsement contract or endorsement activity related to an athlete's name, image, and likeness matter;

the athlete agent;

and any athlete with whom the athlete agent engages, shall comply with all applicable requirements of R.S.

17:3701 et seq., and any rule adopted by the division pursuant to this Section.

§424.

Prohibited activities;

duties, obligations, and responsibilities A.

An athlete agent shall not:

* * * (6) Enter into anyagreement, written or oral, with or offer anything of value to anyemployee of an educational institution of higher education or school located in this state in return for that employee's inducement of any athlete to enter into an agreement for representation of the athlete.

(7) Offer anything of value to the athlete or any other person to induce an athlete to enter into an agreement, written or oral, for representation of the athlete agent contract, or endorsement contract.

(8) Postdate agent contracts or endorsement representation disclosures.

(9) Contact an athlete in a manner so as to violate the rules of the federation or association of which that school or educational institution where the athlete is participating in sports contests is a member, to discuss the athlete agent's representation of the athlete in the marketing of the athlete's athletic ability or reputation, or endorsement activities.

(10)Makeanagreementfor,charge,orcollectanunreasonablefeeoran unreasonable amount for consideration or expenses.

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389 ENROLLED B.

Only an athlete agent shall be allowed to contact an athlete.

The use, encouragement, or solicitation of any intermediaries or third persons to contact an athlete by an athlete agent is prohibited.

C.

An athlete agent owes all of the following duties to an athlete:

(1) A duty to disclose to the athlete any risk of loss of eligibility.

(2) A duty to explain to the athlete all foreseeable consequences of any athlete agent contacts agent contracts or endorsement contracts, including agreements relating to name, image, and likeness activities where applicable.

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

4:422(A)(2).

(4) A duty to deal directlyand without the use of intermediaries or anythird person with any athlete.

(5) A duty to not provide an athlete with anything of value prior to the execution of an agent contract or endorsement contract, except as otherwise expressly permitted by this Chapter.

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

(7) A duty to comply with federal law, including but not limited to the Sports Agent Responsibility and Trust Act, 15 U.S.C.

7801 et seq.

D.C.

An athlete agent owes all of the following duties to an educational institution or school:

(1) A duty to comply with notification requirements to the athletic director of the institution or school the athlete attends and to the head coach of the sport in which the athlete competes, with respect to agent contracts only.

(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 educational institution orschoolwheretheathleteisparticipatingin sports contests is a member.

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389 ENROLLED (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 inadvanceofanycontactwith anathleteofanintentbytheagent to contactthe athlete for purposes of representation, with respect to agent contracts only.

(4) A duty to notify the athletic director of the educational institution or school that the athlete attends and the head coach of the sport in which the athlete competes by way of written notice of the execution of an agency agent contract which must be given before any subsequent participation by the student athlete in interscholastic or intercollegiate athletics the educational institution or school athletics program and not later than seventy-two hours after execution of an agent contract.

E.D.

Until such time as the athlete agent complies with the notification provided in Subsection D C of this Section, this Chapter shall prohibit or limit an athlete agent from sending to an athlete any written materials relating to the professional credentials of the agent or to specific services offered by the agent relating to the representation of an athlete in the marketing of an athlete's athletic ability or reputation and agent contracts.

Similarly, until such time as the athlete agentcomplieswiththenotificationprovidedinSubsectionDCofthis Section,this Chapter shall prohibit an athlete agent from anycontact with the athlete or anythird person, regardless of who attempts to initiate such contact.

E.

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

17:3701 et seq., and any rules adopted by the division under R.S.

4:423.1.

F.

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.

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389 ENROLLED §426.

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:

(1) Forfeiture of anyright of repayment of anything of value either received by an athlete as an inducement to enter into any agent contract or received for any other reason.

(2) Payment of a refund of any consideration paid to the athlete agent on an athlete's behalf.

(3)Paymentofreasonableattorneyfeesandcourtcostsincurredbyanathlete in suing an athlete agent for violation of this Chapter.

B.

Upon a finding that an athlete agent has violated a provision of this Chapter, as determined from admissions of the athlete agent freely and voluntarilymadeorastheresultofanadjudicatoryhearing,theadministrative law judge may assess a fine against an athlete agent not to exceed one hundred thousand dollars for a violation of this Chapter.

C.

All monies received from the payment of the fines imposed and collected pursuant to the provisions of this Section shall be deposited into the Department of Justice Legal Support Fund pursuant to R.S.

49:259.

B.D.

Anyperson commits an offense if he intentionally or knowingly either files a false sworn complaint, application, or gives false sworn testimony to any personconcerningactivitiescoveredbythisChapter.Thisoffense,uponconviction, shall be punishable by a fine of not more than one thousand dollars or by imprisonment of not more than six months, or both.

C.E.

Any athlete agent who fails to register as required by R.S.

4:422 shall, upon conviction, be guilty of a misdemeanor, punishable bya fine of not more than one thousand dollars or by imprisonment of not more than six months, or both.

D.F.

Any athlete agent who violates any other duty, obligation, or responsibility prescribed by R.S.

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 Page 18 of 22 Coding:

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

E.G.

Any athlete agent who fails to comply with the filing and notice requirements of R.S.

4:423 shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment of not more than six months, or both.

§427.

Records to be kept;

penalties A.

An athlete agent shall keep records of travel, entertainment, and other expenses incurred bythe athlete agent which adequately describe the:

* * * (8)Copiesofallagentcontractsandendorsementcontractsenteredinto with athletes.

* * * §431.

Enforcement A.

Each year the division shall compile a list of athletes, which were signed to a contract bya professional sports team, and shall contact the appropriate players associationstodeterminewhichagentshavebeenretainedtorepresentthoseathletes.

(1) The division may, to the extent practicable, maintain a record or database of registered athlete agents.

(2) The division may require registered agents to report annually, or upon request,thenamesof athletesforwhom they have provided suchservices intheprecedingyear,includingthesportandlast-knowneducationalinstitution or school, to facilitate compliance monitoring and enforcement under this Chapter and R.S.

17:3701 et seq.

B.

In the event that the agents retained by the athletes are not registered in this state, the division shall may contact the district attorney where the athlete's school or educational institution of higher education is located.

The district attorney's office shall may take appropriate measures to investigate and prosecute any unregistered athlete agents operating in this state.

C.

The division shall may inform in writing the appropriate players association of any unregistered athlete agent operating in this state.

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389 ENROLLED §432.

Liability for loss of eligibility A.

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 anyviolation 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.

* * * §432.1.

Civil remedies A.

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 violation of this Chapter.Anathleteis adverselyaffectedif,becauseof the act or omission, the athlete is harmed by either of the following:

(1)Loseseligibilityorissuspended ordisqualifiedfromparticipationin interscholastic or intercollegiate athletics.

(2) Suffers financial or reputational harm.

B.

In an action brought under this Section, the court may award actual damages, court costs, and reasonable attorney fees.

An athlete agent found liableunderthisSectionforfeitsanyrighttocompensationandshallrefundany consideration paid to the athlete agent.

§433.

Unlawful payments;

penalties A.

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

(1) Causes or is intended to cause the athlete to be penalized or to lose his eligibilitytoparticipateinsportssanctionedbythefederationorassociationofwhich Page 20 of 22 Coding:

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389 ENROLLED the school or institution is a member.

(2) Causes or is intended to cause the educational institution of higher education or school which the athlete attended or was being recruited to participate in sports contests at the time the payment or thing of value was received, to be investigated or placed on probation, penalized, or otherwise sanctioned by the federation or association of which the school or institution is a member.

B.

The athlete and the educational institution or school shall each have an independent cause of action, specifically including but not limited to a cause of action for tortious interference with an athlete contract against such person for damages, reasonable attorneyfees, and court costs.

* * * §434.

Unfair or deceptive acts or practices;

investigations and actions by the attorney general;

private actions A.

A violation of this Chapter constitutes an unfair or deceptive act or practice in trade or commerce for purposes of the Louisiana Unfair Trade PracticesandConsumerProtectionLaw,R.S.51:1401etseq.,andshallsubject the violator to all actions, remedies, and penalties therein, including investigations and actions by the attorney general and private actions.

B.

The remedies and penalties provided by this Section are cumulative and in addition to any other civil, administrative, or criminal remedies or penalties provided by this Chapter or available under other laws of this state.

§435.

Requirement to register AnathleteagentoperatingonorbeforetheeffectivedateofthisActshall be registeredpursuanttotheprovisionsofthisChapterno laterthan August 1, 2026.

Any athlete agent who fails to register by August 1, 2026, shall immediately cease all activity as an athlete agent in this state until such registration is complete.

Section 2.

R.S.

4:425 and 430 are hereby repealed.

Section 3.

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 18 of the Constitution of Louisiana.

If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.

PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

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