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Memo 1 (March 2014)

handle is hein.nccusl/nccpub3750 and id is 1 raw text is: MEMORANDUM March 2014 Back2round on the UAAA and Issues to be Considered at the March Draftin2 Committee Meeting I. Background The Uniform Athlete Agents Act (UAAA) was promulgated by the Uniform Law Commission (ULC) in 2000, and drafted in response to the urging of the National Collegiate Athletic Association (NCAA). With the immense amount of money at stake for a wide variety of professional athletes and those that represent them, the commercial marketplace in which athlete agents operate is extremely competitive. While seeking to best position one's clients and to maximize their potential income is both legal and good business practice, the recruitment of a student-athlete while he or she is still enrolled in an educational institution can and will cause substantial eligibility problems for both the student and the school, which can in turn lead to severe economic sanctions and loss of scholarships for the institution. The problem becomes even more acute where an unscrupulous agent misleads a student, especially where the athlete is not aware of the implications of signing the agency agreement or where agency is established without notice to the athletic director of the school. In general, the UAAA does the following: * Defines athlete agent and sets the scope of the act to apply narrowly to the conduct of directly or indirectly inducing or attempting to induce a student-athlete into an agency contract. However, the act applies broadly to any type of individual that engages in such conduct. * Defines student-athlete as an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. Under that definition, high school students were clearly student-athletes because the individual may be eligible in the future to engage in intercollegiate athletics. * Except under limited and temporary circumstances, prohibits an individual from acting as an athlete agent without registering in the state. The act provides for a uniform registration system and criminal history disclosures, including required disclosure of his or her training, experience, and education, whether he or she or an associate has been convicted of a felony or crime of moral turpitude, has been administratively or judicially determined to have made false or deceptive representations, has had his or her agent's license denied, suspended, or revoked in any state, or has been the subject or cause of any sanction, suspension, or declaration of ineligibility. * Requires agents to maintain executed contracts and other specified records for a period of five years, including information about represented individuals and recruitment expenditures, which are open to inspection by the state. 1

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