Bill which allows the state to identify and regulate sports agents clears Senate committee

03/08/2018 02:25 PM

FRANKFORT – A bill which would modernize the Uniform Agent’s Act of 2015 and strengthen the control over the athletic agents and protect the interests of student athletes and academic institutions was unanimously passed by the Senate Standing Committee on Education on Thursday.

Senate Bill 228, sponsored by Sen. Morgan McGarvey, is a collaborative effort with the Uniform Law Commission, which provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.

“This bill is not a response to the latest headlines involving both the University of Kentucky and the University of Louisville. The process for drafting this bill was under the Uniform Law Commissions own guidelines. They studied this in 2012 and recommended it for a drafting committee,” McGarvey said. “For two years, that drafting committee met with experts, people with the NCAA, from the universities, lawyers from across the country; to come up with what do we need to do about agents.”

The biggest change that the legislation brings is defining what constitutes an agent.

“As we know from recent headlines, an agent is no longer someone who just says that he’s an agent and comes to represent you,” McGarvey said. “They send business advisors, they send runners. In this bill, we’re going to cut those loopholes out.”

The bill also creates a cause of action against agents who violates conduct standards.

“For instance, if an agent improperly contacts a student athlete, if an agent deceives a student athlete, both the university and the student athlete now have a cause of action against that agent, and that call of action is for actual damages,” McGarvey said.

Sen. David Givens, R-Greensburg, questioned McGarvey about the parent’s role in the legislation relative to agents.

SB 228 moves on to the full Senate for consideration.


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