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Memorandum 1 (February 27, 2015)

handle is hein.nccusl/nccpub3880 and id is 1 raw text is: 111 N. Wabash Ave. Suite 1010 Chicago, IL 60602 (312) 450-6600 tel NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS (312) 450-6601 fax www.uniformlaws.org Uniform Athlete Agents Act February 27, 2015 Drafting Committee Re: Memorandum from Paul Pogge Paul Pogge has requested that the following be distributed to the committee for its consideration. There are a few things that I think are very important to address. We have discussed most of them before: 1. Most importantly, I think we are close but still missing the mark in the section defining athlete agent. I think we can fix it by taking out the word student in: Section 2 (Definitions) 2.A.ii.1 (Have it read represents an athlete for a purpose related to the athlete's participation in professional athletics); 2.A.ii.Il (Have it read serves an athlete in an advisory capacity on a matter related to finances, business pursuits... etc.); and 2.A.ii.Ill (Have it read manages the business affairs of an athlete by providing assistance with bills, payments, contracts, or taxes). This eliminates the loophole that many people will surely exploit by saying I don't represent, advise, or manage the affairs of any student-athlete. This would technically be true in most cases, though the intent may still be nefarious in nature. By eliminating the word student, we get to the functional definition of what they actually do for athletes and, therefore, will have the appropriate scope for the definition. I believe this change is critical. 2. Also under the definition of athlete agent in Section 2 (Definitions), 2.A.iii, I think we need to add some language so that it says gives consideration to a student athlete or another individual in anticipation of... Often, benefits are given to parents, relatives, and friends instead of the student- athlete. This would help us close that loophole.

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