Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Consumer Protection & Business Committee

SB 6286

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Permitting athlete agents to provide some benefits to student athletes.

Sponsors: Senators Frockt, Pedersen and Mullet; by request of Uniform Law Commission.

Brief Summary of Bill

  • Allows an athlete agent to provide something of value to a student athlete under certain circumstances.

Hearing Date: 2/26/20

Staff: Robbi Kesler (786-7153).

Background:

Uniform Athlete Agents Act.

Washington's Uniform Athlete Agents Act (UAAA) is based on a model act produced by the National Conference of Commissioners on Uniform State Laws (Uniform Law Commission). The model act was drafted in 2000 and Washington enacted the UAAA in 2002. Forty two states have enacted the model act. In 2015, the Uniform Law Commission revised the model act and made changes like expanding the definition of athlete agent, allowing for increased reciprocal registration between states, adding new requirements to disclosure statements, and expanding notification requirements.

The UAAA governs relationships among student athletes, athlete agents, and educational institutions. The UAAA prohibits athlete agents from engaging in certain acts. One such prohibition is that an athlete agent may not, with the intent to influence a student athlete to enter into an agency contract, furnish anything of value to the athlete before the athlete enters into the contract.

An agency contract is an agreement in which a student athlete authorizes a person to negotiate or solicit, on the athlete's behalf, a professional sports or endorsement contract.

An athlete agent is an individual who:

National Collegiate Athletic Association Eligibility Rules.

After federal indictments of certain agents, representatives of shoe companies, and basketball coaches in 2017 on various charges including bribery, wire fraud, and money laundering, the National Collegiate Athletic Association (NCAA) made changes to its eligibility rules for basketball players. The rules changes allow:

To accommodate these changes to the NCAA eligibility rules for basketball players, the model athlete agents act was revised in 2019.

Summary of Bill:

Washington's Uniform Athlete Agents Act is amended to conform with recent updates to the model act.

The prohibition on an agent, with the intent to influence an athlete to enter into an agency contract, furnishing anything of value to the athlete is removed. Instead, an agent may not intentionally furnish anything of value to a student athlete if doing so may result in the loss of the athlete's eligibility, unless:

Provisions are reorganized and terminology is updated to conform to the changes made in the model act.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.