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Report [1] (October 25-26, 2013)

handle is hein.nccusl/nccpub4387 and id is 1 raw text is: 




                  DRAFTING COMMITTEE CHAIR REPORT
                        Submitted by Dale G. Higer, Chair

Committee  Name:  Drafting Committee to Revise the Uniform Athlete Agents Act

Dates and Location of Committee Meeting:  October 25-26, 2013, Chicago, Illinois

Committee  members  absent: Robert G. Bailey

ABA  advisors absent: None

Observers absent: Gail Adler, Mark Bartelstein, Michael A.R. Bemasconi, Joe
Bertagna, Brian Bledsoe, Sherman J. Clark, Phillip J. Closius, Marc Edelman, Larry
Gallo, Richard Guggolz, Jim Haney, Jeff Hawkins, Harry Howell, Stu Jackson, Nathan
Leffler, Mark Levin, Shane Lyons, Michael Maciszewski, Pat Manak, , James E.
McPherson, Eric Metz, Doug Neustadt, Tom Osborne, Mike Powell, Leslie Reynolds,
Dave Roberts, , Nick Saban, Dave Scott, Mike Slive, Rick Smith, Grant Teaff, , Troy
Vincent and Roy Williams

Results of committee discussion of other entities who should be invited to send
observers, and who is responsible for contacting them: The National District
Attorneys Association, the National Federation of State High School Association and the
National Association of Intercollegiate Athletics. ULC staff will follow up and make
contact with these organizations.

Report on progress made and significant developments during the meeting:

ACTIONS   TAKEN   ON  THE  ISSUES  IDENTIFIED  IN THE  SEPTEMBER, 2013
BACKROUND AND ISSUES MEMORANDUM

DEFINITION   OF ATHLETE AGENT

       The committee reduced the number of alternatives from four to two. The first
alternative will be Alternative B from the meeting draft. That language is based on the
California law and includes the concept of both recruiting and/or soliciting a student-
athlete to enter into an agency contract and one who, for compensation, seeks to obtain
employment  for a student-athlete as a professional athlete. The definition also excludes
professionals such as attorneys, stock brokers, financial planners, etc. acting within the
normal scope of business of that profession from the definition unless they also recruit or
solicit or, for compensation, seek to obtain employment for a student athlete as a
professional athlete.
       The California definition applies to agents representing any athlete, not just
student athletes and will be revised so that it only applies to student-athletes.
       In conjunction with that definition, there will be a new definition of recruits or
solicits added that will make it clear that advice or recommendations made by a coach or

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