Legislation
SECTION 899-A
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 39-E
§ 899-a. Definitions. As used in this article the following terms
shall have the following meanings:
1. "Agency contract" means 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.
2. "Athlete agent" means an individual who enters into an agency
contract with a student-athlete or, directly or indirectly, recruits or
solicits a student-athlete to enter into an agency contract. Such term
includes an individual who represents to the public that the individual
is an athlete agent. This term shall not include a spouse, parent,
sibling, grandparent or guardian of the student-athlete, or an
individual acting solely on behalf of a professional sports team or
professional sports organization.
3. "Athletic director" means an individual responsible for
administering the overall athletic program of an educational institution
or, 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.
4. "Contact" means a communication, direct or indirect, between an
athlete agent and a student-athlete, to recruit or solicit the
student-athlete to enter into an agency contract.
5. "Endorsement contract" means an agreement under which a
student-athlete is employed or receives consideration to use on behalf
of the other party any value that the student-athlete may have because
of publicity, reputation, following or fame obtained because of athletic
ability or performance.
6. "Intercollegiate sport" means 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 such sport and is recognized by the educational institution
that said student-athlete attends.
7. "Person" means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint
venture, government, governmental subdivision, agency, instrumentality,
public corporation, or any other legal or commercial entity.
8. "Professional sports-services contract" means an agreement under
which an individual is employed, or agrees to render services, as a
player on a professional sports team, with a professional sports
organization or as a professional athlete.
9. "Record" means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.
10. "Registration" means registration as an athlete agent pursuant to
this article.
11. "State" means 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.
12. "Student-athlete" means an individual who engages in, is eligible
to engage in, may be eligible in the future to engage in or was eligible
in the past thirty days to engage in any intercollegiate or
interscholastic sport. If an individual is permanently ineligible to
participate in a particular intercollegiate sport, such individual shall
not be considered a student-athlete thirty days after losing his or her
eligibility for purposes of that sport.
shall have the following meanings:
1. "Agency contract" means 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.
2. "Athlete agent" means an individual who enters into an agency
contract with a student-athlete or, directly or indirectly, recruits or
solicits a student-athlete to enter into an agency contract. Such term
includes an individual who represents to the public that the individual
is an athlete agent. This term shall not include a spouse, parent,
sibling, grandparent or guardian of the student-athlete, or an
individual acting solely on behalf of a professional sports team or
professional sports organization.
3. "Athletic director" means an individual responsible for
administering the overall athletic program of an educational institution
or, 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.
4. "Contact" means a communication, direct or indirect, between an
athlete agent and a student-athlete, to recruit or solicit the
student-athlete to enter into an agency contract.
5. "Endorsement contract" means an agreement under which a
student-athlete is employed or receives consideration to use on behalf
of the other party any value that the student-athlete may have because
of publicity, reputation, following or fame obtained because of athletic
ability or performance.
6. "Intercollegiate sport" means 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 such sport and is recognized by the educational institution
that said student-athlete attends.
7. "Person" means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint
venture, government, governmental subdivision, agency, instrumentality,
public corporation, or any other legal or commercial entity.
8. "Professional sports-services contract" means an agreement under
which an individual is employed, or agrees to render services, as a
player on a professional sports team, with a professional sports
organization or as a professional athlete.
9. "Record" means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.
10. "Registration" means registration as an athlete agent pursuant to
this article.
11. "State" means 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.
12. "Student-athlete" means an individual who engages in, is eligible
to engage in, may be eligible in the future to engage in or was eligible
in the past thirty days to engage in any intercollegiate or
interscholastic sport. If an individual is permanently ineligible to
participate in a particular intercollegiate sport, such individual shall
not be considered a student-athlete thirty days after losing his or her
eligibility for purposes of that sport.