(1) Except as otherwise provided in subsection (3) of this section, an athlete agent, with the intent to influence a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the athlete agent:
(a) Give any materially false or misleading information or make a materially false promise or representation;
(b) Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or
(c) Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.
(2) An athlete agent shall not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:
(a) Initiate contact, directly or indirectly, with a student-athlete or, if the student- athlete is a minor, a parent or guardian of the student-athlete, to recruit or solicit the student-athlete, parent, or guardian to enter an agency contract unless registered under KRS § 164.6901 to KRS § 164.6935;
(b) Fail to create or retain or permit inspection of the records required to be retained by KRS § 164.6923;
(c) Fail to register when required by KRS § 164.6907;
(d) Provide materially false or misleading information in an application for registration or renewal of registration;
(e) Predate or postdate an agency contract; or
(f) Fail to notify a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete, before the student-athlete, parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.
(3) An athlete agent registered under KRS § 164.6901 to KRS § 164.6935 who is certified as an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in the sport may pay expenses incurred before the signing of an agency contract by a student athlete, a family member of the student athlete, and an individual who is a member of a class of individuals authorized to receive payment for the expenses by the national association that certified the agent if the expenses are:
(a) For the benefit of the athlete who is a member of a class of athletes authorized to receive the benefit by the national association that certified the agent;
(b) Of a type authorized to be paid by a certified agent by the national association that certified the agent; and
(c) For a purpose authorized by the national association that certified the agent.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 124, sec. 1, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 205, sec. 13, effective July 14, 2018. — Repealed and reenacted
2003 Ky. Acts ch. 172, sec. 13, effective June 24, 2003. — Created 1998 Ky. Acts ch.
259, sec. 4, effective July 15, 1998.
Formerly codified as KRS § 164.683.