44-1516 Short title.

44-1516. Short title. This act shall be known and may be cited as the uniform athlete agents act. History: L. 2003, ch. 109, § 1; July 1.

44-1517 Definitions.

44-1517. Definitions. As used in this act: (a) “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; (b) “athlete agent” means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, […]

44-1518 Service of process; subpoenas.

44-1518. Service of process; subpoenas. (a) By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual’s agent for service of process in any civil action in this state related to the individual’s acting as an athlete agent in this state. Service on the secretary of […]

44-1519 Athlete agents; registration required; void contracts.

44-1519. Athlete agents; registration required; void contracts. (a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration as provided under K.S.A. 44-1521 or 44-1523, and amendments thereto. (b) Before being issued a certificate of registration, an individual may act […]

44-1520 Registration as athlete agent; form; requirements.

44-1520. Registration as athlete agent; form; requirements. (a) An applicant for registration shall submit an application for registration to the secretary of state in a form prescribed by the secretary of state. The application must be in the name of an individual and, except as otherwise provided in subsection (b), signed or otherwise authenticated by […]

44-1521 Certificate of registration; issuance or denial; renewal.

44-1521. Certificate of registration; issuance or denial; renewal. (a) Except as otherwise provided in subsection (b), the secretary of state shall issue a certificate of registration to an individual who complies with subsection (a) of K.S.A.  44-1520, and amendments thereto, or whose application has been accepted under subsection (b) of K.S.A. 44-1520, and amendments thereto. […]

44-1522 Suspension, revocation or refusal to renew registration.

44-1522. Suspension, revocation or refusal to renew registration. (a) The secretary of state may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsection (b) of K.S.A. 44-1521, and amendments thereto. (b) The secretary of state may deny, suspend, revoke or refuse to renew a certificate […]

44-1523 Temporary registration.

44-1523. Temporary registration. The secretary of state may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. History: L. 2003, ch. 109, § 8; July 1.

44-1524 Registration and renewal fees.

44-1524. Registration and renewal fees. An application for registration or renewal of registration must be accompanied by a fee in the following amount: (1) $500 for an initial application for registration; (2) $500 for an application for registration based upon a certificate of registration or licensure issued by another state; (3) $500 for an application […]

44-1525 Required form of contract.

44-1525. Required form of contract. (a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) 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 […]

44-1526 Notice to educational institution.

44-1526. Notice to educational institution. (a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at […]

44-1527 Student-athlete’s right to cancel.

44-1527. Student-athlete’s right to cancel. (a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed. (b) A student-athlete may not waive the right to cancel an agency contract. (c) If a student-athlete cancels an agency contract, […]

44-1528 Required records.

44-1528. Required records. (a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent; (2) any agency contract entered into by the athlete agent; and (3) any direct costs incurred by the athlete agent in the recruitment or […]

44-1529 Criminal conduct by an athlete agent.

44-1529. Criminal conduct by an athlete agent. (a) Criminal conduct by an athlete agent is when: (1) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, does any of the following: (A) Gives any materially false or misleading information or makes a materially false promise or representation; (B) […]

44-1530 Civil remedies.

44-1530. Civil remedies. (a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this act. (b) Damages of an educational institution under subsection (a) include losses and expenses incurred because, as a result of the conduct of an athlete agent or […]

44-1531 Administrative penalty.

44-1531. Administrative penalty. The secretary of state may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this act. A civil penalty owed under this section may be recovered in a civil action brought by the attorney general at the request of the secretary. History: L. 2003, ch. […]

44-1532 Referral of violation to attorney general.

44-1532. Referral of violation to attorney general. If the secretary of state determines that a violation of K.S.A. 44-1529, and amendments thereto, has occurred, the secretary shall refer the case to the attorney general for prosecution. On the determination of the secretary that a violation of this act is occurring or is threatened, the secretary […]

44-1533 Athlete agent registration fee fund; credits; use.

44-1533. Athlete agent registration fee fund; credits; use. There is hereby created in the state treasury the athlete agent registration fee fund which shall be administered by the secretary of state. All moneys credited to the athlete agent registration fee fund shall be used for the expenses incurred for the performance of the duties and […]

44-1534 Uniformity of application and construction.

44-1534. Uniformity of application and construction. In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to this act’s subject matter among states that enact it. History: L. 2003, ch. 109, § 19; July 1.

44-1535 Rules and regulations.

44-1535. Rules and regulations. The secretary of state is hereby authorized to promulgate rules and regulations to carry out the provisions of this act. History: L. 2003, ch. 109, § 20; July 1.