5 Pa.C.S. Ch. 35

in effect

5 Pa.C.S. § 3501 Short title of chapter.

This chapter shall be known and may be cited as the Revised Uniform Athlete Agents Act (2015).

5 Pa.C.S. § 3502 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agency contract." An agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports-services contract or an endorsement contract. "Athlete agent." The following apply: (1) The term means an individual, whether or not registered under this chapter, who: (i) directly or indirectly: (A) recruits or solicits a student athlete to enter into an agency contract; or (B) for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization; (ii) for compensation or in anticipation of compensation related to a student athlete's participation in athletics: (A) serves the student athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the educational institution for the benefit of the educational institution; or (B) manages the business affairs of the student athlete by providing assistance with bills, payments, contracts or taxes; or (iii) in anticipation of representing a student athlete for a purpose related to the student athlete's participation in athletics: (A) gives consideration to the student athlete or another person; (B) serves the student athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or (C) manages the business affairs of the student athlete by providing assistance with bills, payments, contracts or taxes. (2) The term does not include an individual who: (i) acts solely on behalf of a professional sports team or organization; (ii) is a coach, trainer or other employee of a secondary or postsecondary school who is acting on behalf of a student athlete of the same secondary or postsecondary school, if the activities are within the scope of employment of the coach, trainer or other employee; or (iii) is a licensed, registered or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual: (A) also recruits or solicits the student athlete to enter into an agency contract; (B) also, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for the student athlete as a professional athlete or member of a professional sports team or organization; or (C) receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete. "Athletic director." The individual responsible for administering: (1) the overall athletic program of an educational institution; or (2) if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. "Commission." The State Athletic Commission. "Communicating or attempting to communicate." Contacting or attempting to contact by an in-person meeting, a record or any other method which conveys or attempts to convey a message. "Educational institution." Any public or private elementary school, secondary school, technical or vocational school, community college, college or university. "Endorsement contract." An agreement under which a student athlete is employed or receives consideration to use on behalf of the other party value that the student athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance. "Enroll." To register for courses and attend athletic practice or class. "Enrolled." Registered for courses and attending athletic practice or class. "Intercollegiate sport." A sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association which promotes or regulates collegiate athletics. "Interscholastic sport." A sport played between educational institutions which are not community colleges, colleges or universities. "Licensed, registered or certified professional." An individual licensed, registered or certified as an attorney, a dealer in securities, a financial planner, an insurance agent, a real estate broker or sales agent, a tax consultant, an accountant or a member of a profession who is licensed, registered or certified by the State or a nationally recognized organization which licenses, registers or certifies members of the profession on the basis of experience, education or testing. The term does not include an athlete agent. "Person." Any individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. "Professional-sports-services contract." An agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization. "Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Recruit or solicit." An attempt to influence the choice of an athlete agent by a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete. The term does not include giving advice on the selection of a particular athlete agent in a family, coaching or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the athlete agent. "Registration." Registration as an athlete agent under this chapter. "Secretary." The Secretary of the Commonwealth. "Sign." With present intent to authenticate or adopt a record: (1) to execute or adopt a tangible symbol; or (2) to attach to or logically associate with the record an electronic symbol, sound or process. "State." A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. "Student athlete." An individual who is eligible to attend an educational institution and engages in, is eligible to engage in or may be eligible in the future to engage in any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.

5 Pa.C.S. § 3503 Commission; authority; procedure.

(a) Regulations.--The commission may promulgate regulations to implement this chapter. (b) Agent for service of process.--By acting as an athlete agent in this Commonwealth, a nonresident individual appoints the secretary as the individual's agent for service of process in a civil action in this Commonwealth related to the individual acting as an athlete agent in this Commonwealth. (c) Subpoenas.--The commission may issue a subpoena for material which is relevant to the administration of this chapter.

5 Pa.C.S. § 3504 Athlete agent; registration required; void contract.

(a) Prohibition.--Except as specified in subsection (b), an individual may not act as an athlete agent in this Commonwealth without holding a certificate of registration under this chapter. (b) Acting as athlete agent.--Before being issued a certificate of registration under this chapter, an individual may act as an athlete agent in this Commonwealth for all purposes except signing an agency contract, if: (1) a student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and (2) not later than seven days after an initial act which requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this Commonwealth. (c) Contract void.--An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return consideration received under the contract. Cross References. Section 3504 is referred to in section 3514 of this title.

5 Pa.C.S. § 3505 Registration as athlete agent; application; requirements; reciprocal registration.

(a) Application.--Except as specified in subsection (b), an applicant for registration as an athlete agent shall submit an application for registration to the commission in a form prescribed by the commission. The applicant shall be an individual, and the application must be signed by the applicant subject to the provisions of 18 Pa.C.S. §§ 4902 (relating to perjury), 4903 (relating to false swearing) and 4904 (relating to unsworn falsification to authorities). The application shall contain at least the following: (1) Name, date and place of birth of the applicant and all of the following contact information for the applicant: (i) Address of the applicant's principal place of business. (ii) Work and mobile telephone numbers. (iii) Any means of communicating electronically, including a facsimile number, an electronic mail address and personal and business or employer websites. (2) Name of the applicant's business or employer, if applicable, including for each business or employer its mailing address, telephone number, organization form and the nature of the business. (3) Each social media account with which the applicant or the applicant's business or employer is affiliated. (4) Each business or occupation in which the applicant engaged within five years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration or certification held by the applicant during that time. (5) Description of the applicant's: (i) formal training as an athlete agent; (ii) practical experience as an athlete agent; and (iii) educational background relating to the applicant's activities as an athlete agent. (6) Statement listing the: (i) name of each student athlete for whom the applicant acted as an athlete agent within five years before the date of the application or, if the student athlete is a minor, name of the parent or guardian of the student athlete; and (ii) student athlete's sport and last known team. (7) Name and address of each person that: (i) is a partner, member, officer, manager, associate or profit sharer or directly or indirectly holds an equity interest of five percent or greater of the athlete agent's business if the business is not a corporation; and (ii) is 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. (8) Description of the status of each application by the applicant or a person named under paragraph (7) for a Federal or state business, professional or occupational license, other than as an athlete agent, from a Federal or state agency. This paragraph includes the denial, refusal to renew, suspension, withdrawal or termination of the license and each reprimand or censure related to the license. (9) Whether the applicant or a person named under paragraph (7) has pleaded guilty or no contest to, has been convicted of or has charges pending for an offense which involves moral turpitude or would constitute a felony if committed in this Commonwealth. For an offense subject to this paragraph, the application must identify: (i) the offense; (ii) the state and date of the offense or disciplinary action; (iii) the law enforcement agency involved; and (iv) if applicable, the date of the plea or conviction and the penalty imposed. (10) Whether, within 15 years before the date of application, the applicant or a person named under paragraph (7) has been a defendant or respondent in a civil proceeding, including a proceeding under 20 Pa.C.S. Ch. 55 Subch. C (relating to appointment of guardian; bonds; removal and discharge). For a proceeding under this paragraph, the application shall state the date and a full explanation of the proceeding. (11) Whether the applicant or a person named under paragraph (7) has an unsatisfied judgment or a judgment of continuing effect, including an order under 23 Pa.C.S. Ch. 37 (relating to alimony and support) or 43 (relating to support matters generally), which is not current at the date of the application. (12) Whether, within 10 years before the date of application, the applicant or a person named under paragraph (7) was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt. (13) Whether there has been any administrative or judicial determination that the applicant or a person named under paragraph (7) made a false, misleading, deceptive or fraudulent representation. (14) Each instance in which conduct of the applicant or a person named under paragraph (7) resulted in: (i) imposition on a student athlete of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, intercollegiate or professional athletic event; or (ii) imposition of a sanction on an educational institution. (15) Each sanction, suspension or disciplinary action taken against the applicant or a person named under paragraph (7) arising out of occupational or professional conduct. (16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew or abandonment of the registration of the applicant or a person named under paragraph (7) as an athlete agent in any state. (17) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent. (18) If the applicant is certified or registered by a professional league or players association: (i) name of the league or association; (ii) date of certification or registration and, if applicable, date of expiration of the certification or registration; (iii) date of denial of an application for, suspension or revocation of, refusal to renew, withdrawal of or termination of the certification or registration; and (iv) date of reprimand or censure related to the certification or registration. (19) Additional information required by the commission. (b) Alternative application.--Instead of proceeding under subsection (a), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this Commonwealth by submitting to the commission: (1) a copy of the application for registration in the other state; (2) a statement which identifies every material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and (3) a copy of the certificate of registration from the other state. (c) Certificate of registration.--The commission shall issue a certificate of registration to an individual who applies for registration under subsection (b) if the commission determines all of the following: (1) The application and registration requirements of the other state are substantially similar to or more restrictive than this chapter. (2) The registration has not been revoked or suspended by the other state. (3) No action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state. (d) Implementation.--For purposes of implementing subsection (c), the commission shall: (1) cooperate with national organizations concerned with athlete agent issues and with agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter; and (2) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies. (e) Criminal history background check.--An individual who applies for registration under subsection (a) or (b) shall submit to the commission, pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal history record information), a report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the Pennsylvania State Police central repository contains no such information relating to the individual. The criminal history record information shall be limited to that which is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general regulations). Cross References. Section 3505 is referred to in sections 3506, 3507 of this title.

5 Pa.C.S. § 3506 Certificate of registration; issuance or denial; renewal.

(a) Issuance.--Except as specified in subsection (b), the commission shall issue a certificate of registration to an applicant for registration who complies with section 3505(a) (relating to registration as athlete agent; application; requirements; reciprocal registration). (b) Refusal.--The commission may refuse to issue a certificate of registration to an applicant for registration under section 3505(a) if the commission determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant's fitness to act as an athlete agent. In making the determination, the commission may consider whether the applicant has: (1) pleaded guilty or no contest to, has been convicted of or has charges pending for an offense which involves moral turpitude or would constitute a felony if committed in this Commonwealth; (2) made a materially false, misleading, deceptive or fraudulent representation in the application or as an athlete agent; (3) engaged in conduct which would disqualify the applicant from serving in a fiduciary capacity; (4) violated section 3514 (relating to prohibited conduct); (5) had a registration as an athlete agent suspended, revoked or denied in any state; (6) been refused renewal of registration as an athlete agent in any state; (7) engaged in conduct resulting in: (i) imposition on a student athlete of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, intercollegiate or professional athletic event; or (ii) imposition of a sanction on an educational institution; or (8) engaged in conduct which adversely reflects on the applicant's credibility, honesty or integrity. (c) Determination.--In making a determination under subsection (b), the commission shall consider: (1) how recently the conduct occurred; (2) the nature of the conduct and the context in which it occurred; and (3) other relevant conduct of the applicant. (d) Renewal of registration.--An athlete agent registered under subsection (a) may apply to renew the registration by submitting an application for renewal in a form prescribed by the commission. The applicant shall sign the application under penalty of perjury and include current information on all matters required in an original application for registration. (e) Renewal in other state.-- (1) An athlete agent registered under section 3505(c) may renew the registration by: (i) proceeding under subsection (d); or (ii) if the registration in the other state has been renewed, submitting to the commission copies of the application for renewal in the other state and the renewed registration from the other state. (2) The commission shall renew the registration if the commission determines that: (i) the registration requirements of the other state are substantially similar to or more restrictive than this chapter; (ii) the renewed registration has not been suspended or revoked; and (iii) no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state. (f) Validity.--A certificate of registration or renewal of registration under this chapter is valid for two years. Cross References. Section 3506 is referred to in section 3507 of this title.

5 Pa.C.S. § 3507 Suspension, revocation or refusal to renew registration.

(a) Authority.--The commission may limit, suspend, revoke or refuse to renew a registration of an individual registered under section 3506(a) (relating to certificate of registration; issuance or denial; renewal) for conduct which would have justified refusal to issue a certificate of registration under section 3506(b). (b) Suspension or revocation.--The commission may suspend or revoke the registration of an individual registered under section 3505(c) (relating to registration as athlete agent; application; requirements; reciprocal registration) or renewed under section 3506(e) for a reason for which the commission could have refused to grant or renew registration or for conduct which would justify refusal to issue a certificate of registration under section 3506(b). (c) Notice and hearing.--The commission may deny, suspend, revoke, restrict or otherwise limit registration or refuse to renew a registration only after proper notice and an opportunity for a hearing in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies).

5 Pa.C.S. § 3508 Temporary registration.

The commission may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.

5 Pa.C.S. § 3509 Registration and renewal fees.

(a) Registration fee.--An application for registration or renewal of registration shall be accompanied by a fee in the following amounts: (1) For an initial application for registration or an application for renewal of registration for an individual or sole proprietor, $200. (2) For an application for registration or an application for renewal of registration based upon a certificate of registration or licensure issued by another state for an individual or a sole proprietor, $150. (b) Fee increase.--The commission may increase the fees in subsection (a), by regulation, if the revenues raised by fees, fines and civil penalties imposed under this chapter are not sufficient to cover the costs of the commission to implement the provisions of this chapter. Any increase in fee may not exceed the amounts necessary to fund the commission to carry out the provisions of this chapter.

5 Pa.C.S. § 3510 Required form of agency contract.

(a) Requirement.--An agency contract shall be in a record signed by the parties. (b) Contents of contract.--An agency contract shall contain: (1) a statement that the athlete agent is registered as an athlete agent in this Commonwealth and a list of any other states in which the athlete agent is registered as an athlete agent; (2) the amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or providing the services; (3) the name of any person that: (i) is not listed in the athlete agent's application for registration or renewal of registration; and (ii) will be compensated because the student athlete signed the contract; (4) a description of any expenses the student athlete agrees to reimburse; (5) a description of the services to be provided to the student athlete; (6) the duration of the contract; and (7) the date of execution. (c) Notice.--Subject to subsection (g), an agency contract shall contain a conspicuous notice in boldface type and in substantially the following form: WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT: (1) IF YOU ENTER INTO NEGOTIATIONS FOR, OR SIGN, A PROFESSIONAL-SPORTS-SERVICES CONTRACT, YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT SHALL NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. (d) Signed acknowledgment.--An agency contract shall be accompanied by a separate record: (1) signed by: (i) the student athlete; or (ii) if the student athlete is a minor, the parent or guardian of the student athlete; and (2) acknowledging that signing the contract may result in the loss of the student athlete's eligibility to participate in the student athlete's sport. (e) Voided contract.--A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may void an agency contract which does not conform to this section. If the contract is voided, consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned. (f) Copies.--At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete a copy in a record of the contract and the separate acknowledgment required by subsection (d). (g) Minors.--If a student athlete is a minor, the notice under subsection (c) shall be revised in accordance with subsection (d)(1)(ii).

5 Pa.C.S. § 3511 Notice to educational institution.

(a) (Reserved). (b) Athlete agent notice.--If an athlete agent and a student athlete enter into an agency contract, all of the following apply: (1) The athlete agent shall give notice in a record of the existence of the agency contract to the athletic director of: (i) the educational institution at which the student athlete is enrolled; or (ii) an educational institution at which the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (2) Notice under paragraph (1) shall be given not later than the earlier of: (i) 72 hours after entering into an agency contract; or (ii) before the next scheduled athletic event in which the student athlete may participate. (c) Student athlete notice.--If a student athlete and an athlete agent enter into an agency contract, all of the following apply: (1) The student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled: (i) that the student athlete has entered into an agency contract; and (ii) of the name and contact information of the athlete agent. (2) Notice under paragraph (1) shall be given not later than the earlier of: (i) 72 hours after entering into an agency contract; or (ii) before the next scheduled athletic event in which the student athlete may participate. (d) Notice after enrollment.-- (1) This subsection applies if: (i) an athlete agent enters into an agency contract with a student athlete; and (ii) the student athlete subsequently enrolls in an educational institution. (2) If paragraph (1) applies, the athlete agent shall notify the athletic director of the educational institution of the existence of the contract not later than 72 hours after the athlete agent knew or should have known the student athlete enrolled. (e) Notice of relationship.-- (1) This subsection applies if: (i) an athlete agent has a relationship with a student athlete; and (ii) the student athlete subsequently: (A) enrolls in an educational institution; and (B) receives an athletic scholarship from the educational institution. (2) If paragraph (1) applies, the athlete agent shall notify the educational institution of the relationship not later than 10 days after the enrollment if the athlete agent knows or should have known of the enrollment and: (i) the relationship was motivated in whole or part by the intention of the athlete agent to recruit or solicit the student athlete to enter an agency contract in the future; or (ii) the athlete agent directly or indirectly recruited or solicited the student athlete to enter an agency contract before the enrollment. (f) Notice prior to communication.--An athlete agent shall give notice in a record to the athletic director of the educational institution at which a student athlete is enrolled before the athlete agent communicates or attempts to communicate with: (1) the student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to influence the student athlete or parent or guardian to enter into an agency contract; or (2) another individual to have that individual influence the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete to enter into an agency contract. (g) Communication initiated by student athlete.--If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the student athlete, the athlete agent shall notify in a record the athletic director of the educational institution at which the student athlete is enrolled. The notification shall be made not later than 10 days after the communication or attempt. (h) Notification of violation.--The following apply: (1) An educational institution that becomes aware of a violation of this chapter by an athlete agent shall provide notice in a record of the violation to the commission. The notice shall be provided on a form and in a manner specified by the commission. (2) If the commission receives notice of a violation under paragraph (1), the commission shall notify any professional league or players association with which the athlete agent is licensed or registered. (i) Notification of agency contract.--A student athlete and an athlete agent shall give notice in a record of the existence of an agency contract to the commission within 72 hours of entering into the agency contract. (j) Designee.-- (1) An athletic director may designate an individual who is an employee of the athletic department to be responsible for receiving or making the notices required under this chapter. (2) If the athletic director designates an individual under paragraph (1), the designation shall be made in writing.

5 Pa.C.S. § 3512 Student athlete's right to cancel.

(a) Right.--A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed. (b) Waiver prohibited.--A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may not waive the right to cancel an agency contract. (c) Return of consideration.--If a student athlete, parent or guardian cancels an agency contract, the student athlete, parent or guardian is not required to pay consideration under the contract or return consideration received from the athlete agent to influence the student athlete to enter into the contract.

5 Pa.C.S. § 3513 Required records.

(a) Records.--An athlete agent shall create and retain for five years records of the following: (1) the name and address of each individual represented by the athlete agent; (2) each agency contract entered into by the athlete agent; and (3) the direct costs incurred by the athlete agent in the recruitment or solicitation of each student athlete to enter into an agency contract. (b) Inspection.--Records under subsection (a) shall be open to inspection by the commission. Cross References. Section 3513 is referred to in section 3514 of this title.

5 Pa.C.S. § 3514 Prohibited conduct.

An athlete agent may not intentionally do any of the following: (1) Give a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student athlete, parent or guardian to enter into an agency contract. (2) Furnish anything of value to a student athlete or another individual if the thing of value may result in loss of the student athlete's eligibility to participate in the athlete's sport, unless: (i) the athlete agent notifies the athletic director of the educational institution at which the student athlete is enrolled or at which the athlete agent has reasonable grounds to believe the athlete intends to enroll, not later than 72 hours after giving the thing of value; and (ii) the student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete acknowledges to the athlete agent in a record that receipt of the thing of value may result in loss of the athlete's eligibility to participate in the student athlete's sport. (3) Initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to recruit or solicit the student athlete, parent or guardian to enter an agency contract unless registered under this chapter. (4) Fail to create, retain or permit inspection of the records required by section 3513 (relating to required records). (5) Fail to register when required under section 3504 (relating to athlete agent; registration required; void contract). (6) Provide materially false or misleading information in an application for registration or renewal of registration. (7) Predate or postdate an agency contract. (8) Fail to notify a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, before the student athlete, parent or guardian signs an agency contract for a particular sport that the signing may result in loss of the student athlete's eligibility to participate in the student athlete's sport. (9) Encourage another individual to do any of the prohibited activities under paragraph (1), (2), (3), (4), (5), (6), (7) or (8) on behalf of the athlete agent. (10) Encourage another individual to assist any other individual in doing any of the prohibited activities under paragraph (1), (2), (3), (4), (5), (6), (7) or (8) on behalf of the athlete agent. Cross References. Section 3514 is referred to in sections 3506, 3515 of this title.

5 Pa.C.S. § 3515 Criminal penalty.

An athlete agent who violates section 3514 (relating to prohibited conduct) commits a misdemeanor of the third degree.

5 Pa.C.S. § 3516 Civil remedy.

(a) Cause of action.-- (1) An educational institution or a student athlete may bring an action for damages against an athlete agent if the educational institution or student athlete is adversely affected by an act or omission of the athlete agent in violation of this chapter. (2) An educational institution is adversely affected by an act or omission of an athlete agent only if, because of the act or omission, the educational institution: (i) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association which promotes or regulates interscholastic or intercollegiate sports; or (ii) suffers financial damage. (3) A student athlete is adversely affected by an act or omission of an athlete agent only if all of the following apply: (i) At the time of the the act or omission, the student athlete was enrolled in an educational institution. (ii) Because of the act or omission, the student athlete: (A) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association which promotes or regulates interscholastic or intercollegiate sports; or (B) suffers financial damage. (b) Recovery.--A plaintiff that prevails in an action under this section may recover actual damages and court costs. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund consideration paid to the athlete agent by or on behalf of the student athlete.

5 Pa.C.S. § 3517 Civil penalty.

(a) Administrative penalty.--The commission may assess an administrative penalty against an athlete agent not to exceed $50,000 for a violation of this chapter. (b) Administrative agency law.--A penalty under this section is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).

5 Pa.C.S. § 3518 Uniformity of application and construction.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

5 Pa.C.S. § 3519 Relation to Electronic Signatures in Global and National Commerce Act.

To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may supersede provisions of that act.

5 Pa.C.S. § 3520 Disposition of receipts.

All fees, civil penalties, forfeitures and other money collected under this chapter and the regulations of the commission shall be paid into the Athletic Commission Augmentation Account.

5 Pa.C.S. § 3521 Registered athlete agent directory.

The commission shall develop and maintain a database for all registrations of an athlete agent under this chapter. The database shall be made available on the commission's publicly accessible Internet website.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=05Fetched: 10/16/2026