SB 389

2026 Regular Session  ENROLLED
  ACT No. 895
 SENATE BILL NO. 389
 BY SENATOR CONNICK
1AN ACT
2 To amend and reenact R.S. 4:420, 421(A), 422, 422.1, 423(G)(4), 424(A)(6) through (9),
3(B), (C), (D), and (E), 426, 431, 432(A), and 433(A) and (B), to enact R.S. 4:423.1,
4424(A)(10) and (F), 427(A)(8), 432.1, 434, and 435, and to repeal R.S. 4:425 and
5430, relative to agents and athletes; to provide for registration of agents; to provide
6for denial of registration, refusal to renew, revocation, or suspension; to provide for
7agent's contract, disclosure, schedule of fees, maximum fee, notification, and
8penalty; to provide for required disclosures for endorsement contracts; to provide for
9prohibited activities; to provide for violations and penalties; to provide for record
10keeping; to provide for implementation of rules and regulations; to provide for
11enforcement; to provide for liability; to provide for civil remedies; to provide for
12unlawful payments and penalties; to provide for unfair trade practices; to provide for
13terms, conditions, responsibilities, and procedures; to provide for an effective date;
14and to provide for related matters.
15 Be it enacted by the Legislature of Louisiana:
16Section 1. R.S. 4:420, 421(A), 422, 422.1, 423(G)(4), 424(A)(6) through (9), (B),
17 (C), (D), and (E), 426, 431, 432(A), and 433(A) and (B) are hereby amended and reenacted
18 and R.S. 4:423.1, 424(A)(10) and (F), 427(A)(8), 432.1, 434, and 435 are hereby enacted to
19 read as follows:
20§420. Declaration of purpose
21A. The legislature hereby recognizes that it is a special privilege afforded to
22athlete agents and other persons acting in a representative, advisory, or
23managerial capacity to contact student athletes to secure their athletic abilities for
24professional sports teams, professional sports organizations, or for endorsement
25or commercial opportunities. The legislature also feels that with that privilege
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1should come certain duties, obligations, and responsibilities. The legislature hereby
2enacts the laws of this Chapter to regulate those contacts and relationships and to
3protect young, inexperienced student athletes in this state from unscrupulous athlete
4agents and other persons who would seek to exploit such athletes, or their
5educational institutions or schools, when entering or seeking to enter into an agent
6contract, endorsement contract, or professional sport services contract or when
7obtaining or seeking to obtain employment with a professional sports team, or
8commercial opportunities.
9B. It is the further purpose of the legislature in enacting this Chapter to
10protect student athletes from contacts with and accepting things of value from athlete
11agents and other persons in a manner so as to cause such athletes to unintentionally
12lose their eligibility to compete in interscholastic or intercollegiate athletics, or
13otherwise suffer financial or reputational harm.
14C. It is the further purpose of the legislature to protect the educational
15institutions and schools of this state from unscrupulous athlete agents, athletes, and
16other persons who would cause such institutions educational institutions or schools
17to suffer various sanctions, penalties, or other adverse consequences as a result of
18unlawful activities in connection with athletes participating in sports at such
19educational institutions and schools.
20D. Another purpose of the legislature in enacting this Chapter is to recognize
21that the relationship between a student athlete and their institution or school is one
22of contract.
23E. Accordingly, the legislature, in enacting the provisions of this Chapter,
24hereby creates causes of action, rights, and remedies for such institutions
25educational institutions or schools and schools athletes to recover for damages
26caused to the educational institution or, school, or athlete by any person acting in
27violation of this Chapter. Such causes of action specifically include but are not
28limited to the cause of action known as tortious interference with an athlete contract,
29statutory civil remedies, and enforcement actions by the division under
30applicable unfair trade practices law.
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1§421. Definitions
2A. As used in this Chapter:
3(1) "Agent contract" means any contract or agreement, whether written or
4oral, under which an athlete authorizes an athlete agent individual to negotiate or
5solicit on behalf of the athlete for the employment of the athlete by one or more
6professional sports teams or organizations.
7(2) "Anything of value" means any thing of value. It shall be given the
8broadest possible construction, including any conceivable thing of the slightest value,
9movable or immovable, corporeal or incorporeal, public or private, and specifically
10including transportation, telephone and telegraph services, or discounts, loans,
11advances, payments, other services available for hire, or other benefits. It shall be
12construed in the popular sense of the phrase and not necessarily as synonymous with
13the traditional legal term "property". It shall specifically include but not be limited
14to a donation, sale, lease, loan, suretyship, and mortgage.
15(3)(a) "Athlete" means a student who resides in this state, or a student who
16does not reside in this state but has informed in writing an institution of higher
17education in this state of the student's intent to participate in that school's
18intercollegiate sports contests, and who is characterized by either any of the
19following:
20(i) Is eligible to participate, or will be eligible to participate, in junior high,
21high school, or intercollegiate sports contests as a member of a sports team of a
22junior high, high school, or educational institution of higher education which is
23located in this state and or which is a member of a federation or association.
24(ii) Has participated Participates as a member of such a sports team at a
25junior high, high school, or educational institution of higher education.
26(iii) Resides in this state and is eligible to participate, or will be eligible
27to participate, in interscholastic or intercollegiate sports at any school or
28educational institution, whether or not located in this state.
29(b) "Athlete" does shall not mean a student an individual who has been
30determined to be permanently ineligible to participate in a particular
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1interscholastic or intercollegiate sport, but only with respect to that sport, or an
2individual who has completed his last intercollegiate or interscholastic sports
3contest, including postseason contests, or who has notified in writing the athletic
4director or head coach of the school or institution at which he is participating that he
5is renouncing his eligibility to participate on such sports team.
6(4)(a) "Athlete agent" means any person who an individual, whether or not
7registered under this Chapter, who does either of the following:
8(i) For compensation or in anticipation of compensation, enters into an
9agent contract with an athlete or, directly or indirectly, recruits or solicits an
10athlete to enter into an agent contract or professional sport services contract with any
11person, or who offers anything of value to any person to induce an athlete to enter
12into an agreement by which any person will represent the athlete, or who for
13anything of value procures, offers, promises, or attempts to obtain employment for
14an athlete with a professional sports team.
15(ii) An individual who, for compensation or in anticipation of
16compensation, represents or advises an athlete in connection with an
17endorsement contract, or endorsement activities, including name, image, and
18likeness matters.
19(b) The term shall not include an individual who performs any of the
20following activities:
21(i) Acts solely on behalf of a professional sports team or professional
22sports organization.
23(ii) Is a licensed, registered, or certified professional and offers or
24provides services to an athlete customarily provided by members of the
25profession, unless the individual also performs any of the following activities:
26(aa) Recruits or solicits the athlete to enter into an agent contract or
27endorsement contract.
28(bb) Procures, for compensation, employment or offers, promises,
29attempts, or negotiates to obtain employment for the athlete as a professional
30athlete or member of a professional sports team or organization.
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1(cc) Receives consideration for providing the services calculated using
2a different method than for an individual who is not a student athlete.
3(5) "Athlete contract" means any contract or agreement executed by a student
4an athlete with an educational institution or school concerning the student's
5participation in that educational institution's intercollegiate or school's sports
6contests or interscholastic athletic activities.
7(6) "Certified by the appropriate players association" means that an athlete
8agent has received approval of his application for certification from the appropriate
9players association of the professional league for which he is soliciting athletes, has
10fulfilled all other requirements of the players association, and is in good standing
11before the players association.
12(7) "Contact" means any communication, directly or indirectly, by an
13athlete agent or by any intermediary with an athlete, or with any third person for the
14purpose of having that third person communicate with the athlete about the
15possibility of or formation of any business, financial, or other contractual
16relationship or agreement, including an agent contract, or a professional services
17contract, a professional sports services contract, or endorsement contract.
18(8) "Division" means the public protection division of the Department of
19Justice.
20(9) "Educational institution" means any institution of higher education
21in this state, including any postsecondary institution, community college,
22college, institution of higher learning, or university, whether public or private.
23(10) "Endorsement activities" means any activity or activities related to
24advertising or sponsorship in which an athlete, for consideration or other value,
25uses or permits the use or association of the athlete's name, image, likeness,
26publicity, reputation, following, fame, or other personal or commercial
27attributes, whether or not related to the athlete's athletic ability or
28performance.
29(11) "Endorsement contract" means an agreement under which an
30athlete is employed or receives anything of value to permit the use, promotion,
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1or association of the athlete's name, image, and likeness, publicity, reputation,
2following, fame, or other personal or commercial attributes, whether or not
3related to the athlete's athletic ability or performance.
4(12) "Federation or association" means any state or national federation,
5association, or commission for the promotion and regulation of interscholastic or
6intercollegiate sports governing athletes and their relationships with athlete agents.
7(10) "Institution" means any institution of higher education in this state
8having an athlete contract with an athlete.
9(11)(13) "Intermediaries" or "third person" means any persons other than the
10athlete agent or the athlete.
11(12)(14) "Person" means an individual, estate, company, corporation,
12business or nonprofit entity association, partnership, or other legal entity.
13(13)(15) "Registered athlete agent" means an athlete agent registered with the
14division under the provisions of this Chapter.
15(16) "Registration" means registration as an athlete agent under this
16Chapter.
17(14)(17) "School" means any secondary school in this state, including high
18schools and junior high schools, that has an athlete contract with an athlete.
19(18) "Recruit or solicit" means to attempt to influence the choice of an
20athlete by an athlete agent or, if the athlete is a minor, the athlete's parent or
21legal guardian, directly or indirectly.
22*      *       *
23§422. Registration of agents
24A.(1) An individual shall not act as an athlete agent shall register in this
25state unless the individual is registered with the division as provided in this
26Chapter before the athlete agent may contact an athlete.
27(2) An athlete agent must first be certified by the appropriate professional
28players association or associations in the professional league or leagues for which
29he is soliciting athletes in order to be registered as an athlete agent in this state. An
30individual who is not registered pursuant to this Chapter may act as an athlete
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1agent in this state for purposes other than entering into an agent contract or
2endorsement contract if both of the following occur:
3(a) The athlete or third person acting on behalf of the athlete initiates
4communication with the individual.
5(b) Not later than seven days after the initial act that requires
6registration pursuant to this Chapter, the individual submits a completed
7application for registration to the division.
8(3) Any agent contract, or designation of any consideration to or for the
9athlete agent or any third person in an endorsement contract, resulting from
10conduct in violation of this Subsection is void and unenforceable, and the athlete
11agent shall return any consideration received under the contract.
12(3)(4) For the purposes of this Chapter, any document required to be filed
13with the division shall be deemed filed when it is received either physically or
14electronically in any office designated by the division for the receipt of such
15documents.
16B.(1) A written application for registration or renewal shall be signed by the
17applicant, notarized, made to the division on a form prescribed by the division, and
18shall state:
19(a) The name of the applicant and the address of the applicant's principal
20place of business. An applicant for registration as an athlete agent shall submit
21an application to the division on a form prescribed by the division. The
22applicant shall be an individual.
23(2) The application shall be signed by the applicant under penalty of
24perjury and shall include, at a minimum, the following information:
25(a) The applicant's full name and date and place of birth.
26(b) The applicant's principal place of business and all contact
27information, including work and mobile telephone numbers and means of
28electronic communication.
29(c) The name and address of each business or employer of the applicant,
30including the nature and form of the business.
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1(d) Each social-media account with which the applicant or the
2applicant's business or employer is affiliated.
3(b)(e) The business or occupation engaged in by the applicant for during the
4five years immediately preceding the date of application, including any
5professional or occupational licenses, registrations, or certifications held during
6that period.
7(f) Whether the applicant is certified or registered by any professional
8sports league or players association, including the name of the association and
9the status of the certification.
10(g) A description of the applicant's formal training, practical experience,
11and educational background relating to activities as an athlete agent.
12(c)(h) The names and addresses of three references, including any persons,
13if any, with whom the applicant has dealt in his capacity as an athlete agent or in the
14practice of his business or profession, not to exceed three such persons.
15(d)(i) The names and addresses of all persons, except bona fide employees
16on stated salaries, who are financially interested as partners, associates, or officers,
17managers, members, profit sharers, or who directly or indirectly hold an
18ownership or equity interest of five percent or greater in the applicant's
19operation of the business of the athlete agent.
20(e)(j) The names and addresses of all athletes for whom the applicant acted
21as an athlete agent is providing professional services for compensation at the time
22of the renewal within the five years preceding the date of this application,
23including the sport and last-known educational institution or school.
24(f)(k) The name and address of the applicant's agent for service of process,
25including an affidavit accepting such appointment from the applicant's agent for
26service of process, if not previously filed and on record with the secretary of state.
27(l) Whether the applicant, or any person identified in Subparagraph (h)
28of this Paragraph, has been denied, has suspended, has withdrawn, or has
29terminated any state or federal professional, occupational, or business license,
30including any reprimand or censure.
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1(m) Whether the applicant, or any person identified in Subparagraph (h)
2of this Paragraph, has been a defendant or respondent in any civil proceeding
3within the preceding fifteen years, including the nature and disposition of the
4proceeding.
5(n) Whether the applicant, or any person identified in Subparagraph (h)
6of this Paragraph, has an unsatisfied judgment, or a judgment of continuing
7effect.
8(o) Whether the applicant, or any person identified in Subparagraph (h)
9of this Paragraph, has been adjudicated bankrupt within the preceding ten
10years.
11(p) Whether there has been any administrative or judicial determination
12that the applicant, or any person identified in Subparagraph (h) of this
13Paragraph, made a false, misleading, deceptive, or fraudulent representation.
14(q) Each instance in which conduct of the applicant, or any person
15identified in Subparagraph (h) of this Paragraph, resulted in a sanction,
16suspension, or declaration of ineligibility imposed on an athlete or an
17educational institution or school.
18(r) Each sanction, suspension, denial, revocation, or refusal to renew any
19registration as an athlete agent in this or any other state.
20(s) Each state in which the applicant is currently registered or has
21applied to be registered as an athlete agent.
22(t) Any additional information required by the division to administer this
23Chapter.
24(u) Proof of completion of training as prescribed by the attorney general.
25(2)(3) If the applicant is a corporation, the information required by this
26Subsection shall be provided by each officer of that corporation. If the applicant is
27an association or partnership, such information shall be provided by each associate
28or partner.
29C. The registration is valid from July first of one year through June thirtieth
30of the following year. An initial registration is valid until the first June thirtieth
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1following the date of the registration. Renewal of the registration may be made by
2the filing of an application for renewal.
3With respect to agent contracts, the applicant shall be certified by the
4appropriate player's association. Certification by a player's association shall not
5be required for registration for an athlete agent engaged only for the purposes
6of endorsement contracts or endorsement activities pursuant to this Chapter,
7but any such certification shall be disclosed.
8D.(1) An individual registered as an athlete agent in another state may
9apply for registration in this state by submitting all of the following:
10(a) A copy of the application for registration filed in the other state.
11(b) A statement signed under penalty of perjury and identifying any
12material change in the information contained in the application or affirming
13that no material change has occurred.
14(c) A copy of the certificate of registration issued by the other state.
15(2) The division may issue a certificate of registration if the division
16determines all of the following:
17(a) The registration requirements of the other state are substantially
18similar to or more restrictive than those of this Chapter.
19(b) The applicant's registration has not been suspended or revoked and
20no disciplinary action involving the applicant's conduct as an athlete agent is
21pending in any jurisdiction.
22(3) The division may cooperate with other states and national
23organizations to develop common registration standards and to exchange
24information relating to disciplinary actions.
25E. The registration or renewal of registration issued pursuant to this
26Chapter is valid for two years. Renewal of the registration shall be made by the
27filing of an application for renewal.
28F.(1) If acting as an athlete agent in this state, a nonresident individual
29shall appoint a registered agent with the Louisiana secretary of state's office to
30serve as his agent for service of process in any civil or administrative action
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1arising from conduct under this Chapter.
2(2) The division may issue subpoenas for documents, records, and
3testimony relevant to the administration or enforcement of this Chapter.
4D.G. To produce sufficient revenue to offset the expenses incurred by the
5division in administering this Chapter, an annual registration fee of one hundred
6dollars shall be paid.
7H. The attorney general shall prescribe training for all applicants for
8registration as an athlete agent.
9I.(1) As a condition of registration, each applicant shall consent to and
10submit to a background check conducted by or on behalf of the division.
11(2) The applicant shall bear the cost of the background check.
12(3) Failure to consent to or cooperate with the background check shall
13result in denial of the application.
14§422.1. Denial of registration; refusal to renew; revocation or suspension;
15notification; hearing
16A. The division may, pursuant to an adjudicatory hearing, refuse to issue or
17renew a registration upon proof that the applicant has engaged in any one or more
18of the following activities: The division may refuse to issue or renew a certificate
19of registration to an applicant for registration if the division determines that the
20applicant fails to comply with any requirement of this Chapter, or the rules the
21division adopts, including but not limited to submitting an incomplete
22application or failing to provide any information, document, or fee required by
23R.S. 4:422.
24B. The division may refuse to issue or renew or may suspend or revoke
25a certificate of registration if the division determines the applicant has engaged
26in conduct that has a significantly adverse effect on the applicant's fitness to act
27as an athlete agent. In making the determination, the division may consider
28whether the applicant:
29(1) Has made false or misleading statements of a material nature in his
30application for registration or renewal.
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1(2) Has ever been convicted of fraud, embezzlement, a felonious theft, or any
2other crime involving a misappropriation of funds, which could render him unfit in
3a fiduciary capacity.
4(3) Has engaged in conduct which violates or causes an athlete to violate any
5rule or regulation promulgated by any federation or association.
6(4)(2) Has violated any provision of this Chapter or rules adopted
7pursuant to this Chapter.
8(3) Has been denied certification by any professional players association.
9(4) Has had a registration as an athlete agent denied, suspended,
10revoked, or refused renewal in this or any other state.
11(5) Has engaged in conduct which has caused an educational institution or
12school to be investigated by or sanctioned by any federation or association.
13(6) Has engaged in conduct that adversely reflects on the individual's
14credibility, honesty, or integrity.
15C. The division shall refuse to issue or renew or shall suspend or revoke
16a certificate of registration if the division determines the applicant has ever
17engaged in either of the following:
18(1) Pleaded guilty or no contest to, or has been convicted of fraud,
19embezzlement, a felonious theft, any crime involving moral turpitude, or any
20other crime involving a misappropriation of funds, which could render him
21unfit in a fiduciary capacity.
22(2) Made false or misleading, deceptive, or fraudulent statements of a
23material nature in his application for registration or renewal, or in his conduct
24as an athlete agent.
25B.D. The division may, pursuant to an adjudicatory hearing or district court
26proceeding, suspend or revoke a registration upon proof that an athlete agent has
27engaged in any of the activities enumerated in Subsection A Subsection B of this
28Section or for a violation of this Chapter or any rule adopted pursuant to this
29Chapter.
30C.E. Prior to a denial, refusal to renew, suspension, or revocation of
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1registration, the division shall notify the applicant or athlete agent in writing by
2certified mail of the reasons for denial, refusal to renew, suspension, or revocation
3and of the date of the hearing. All adjudicatory hearings shall be held in accordance
4with the Administrative Procedure Act.
5F. The division may issue a temporary certificate of registration while an
6application for registration or renewal is pending.
7§423. Agent's contract; schedule of fees; maximum fee; notification; penalty
8*       *      *
9G.(1)  *       *      *
10(4) Any agent contract executed by a student an athlete with an athlete agent
11who has failed to comply with the notification and disclosure requirements of R.S.
124:423(B) and 424(C) and (D) this Section and R.S. 4:424 is void and unenforceable.
13*       *      *
14§423.1. Additional required disclosures for endorsement contracts; rules
15A. This Section governs the relationship between an athlete and an
16athlete agent when the athlete agent represents or advises the athlete in
17connection with an endorsement contract or endorsement activity, including
18name, image, and likeness matters.
19B.(1) When an athlete agent represents or advises an athlete in
20connection with an endorsement contract or endorsement activity, the athlete
21agent shall, prior to or at the time of undertaking such representation, execute
22with the athlete a written endorsement representation disclosure. The
23endorsement representation disclosure shall be signed by both the athlete agent
24and the athlete and shall constitute the governing instrument of the
25agent-athlete relationship for the endorsement contract and endorsement
26activity representation under this Chapter.
27(2) An endorsement representation disclosure shall contain, at a
28minimum, all of the following:
29(a) A statement that the athlete agent is registered as an athlete agent in
30this state and a list of any other states in which the athlete agent is registered.
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1(b) The amount and method of calculating the consideration or fee to be
2paid by or on behalf of the athlete to the athlete agent in connection with any
3endorsement contract or endorsement activity, and any other consideration or
4fee the athlete agent has received or will receive from any source.
5(c) The name and a description of the compensation of any third person
6who will be compensated in connection with any endorsement contract or
7endorsement activity in which the athlete participates.
8(d) A description of any expenses the athlete agrees to reimburse to the
9athlete agent.
10(e) A description and scope of the services to be provided by the athlete
11agent to the athlete.
12(f) The duration of the endorsement representation disclosure.
13(g) The date of execution of the endorsement representation disclosure.
14C. The endorsement representation disclosure shall be retained by both
15the athlete agent and the athlete. The endorsement representation disclosure
16shall not be required to be filed with the division but shall be produced to the
17division upon request or subpoena.
18D. If an athlete agent fails to execute an endorsement representation
19disclosure as required by this Section, the athlete agent shall forfeit any right
20to compensation in connection with any endorsement contract or endorsement
21activity undertaken by the athlete.
22E. The division may adopt rules, in accordance with the Administrative
23Procedure Act, prescribing any of the following:
24(1) The form and format of the endorsement representation disclosure
25required by Subsection B of this Section.
26(2) Additional disclosures required to protect athletes, educational
27institutions and schools, and the public, including any risks to eligibility or
28institutional compliance.
29(3) Required statements, acknowledgments, and warnings.
30(4) Any other rule necessary to carry out the purposes of this Chapter.
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1F.(1) An athlete agent who represents an athlete in connection with an
2endorsement contract for compensation for the use of the athlete's name, image,
3and likeness, shall ensure that the athlete discloses the endorsement contract to
4the educational institution or school pursuant to R.S. 17:3701 et seq.
5(2) An athlete agent shall not represent an athlete in connection with any
6endorsement contract or endorsement activity that the athlete agent knows or
7reasonably should know would cause the athlete to lose eligibility.
8G. An endorsement contract or endorsement activity related to an
9athlete's name, image, and likeness matter; the athlete agent; and any athlete
10with whom the athlete agent engages, shall comply with all applicable
11requirements of R.S. 17:3701 et seq., and any rule adopted by the division
12pursuant to this Section.
13§424. Prohibited activities; duties, obligations, and responsibilities
14A. An athlete agent shall not:
15*  *      *
16(6) Enter into any agreement, written or oral, with or offer anything of value
17to any employee of an educational institution of higher education or school located
18in this state in return for that employee's inducement of any athlete to enter into an
19agreement for representation of the athlete.
20(7) Offer anything of value to the athlete or any other person to induce an
21athlete to enter into an agreement, written or oral, for representation of the athlete
22agent contract, or endorsement contract.
23(8) Postdate agent contracts or endorsement representation disclosures.
24(9) Contact an athlete in a manner so as to violate the rules of the federation
25or association of which that school or educational institution where the athlete is
26participating in sports contests is a member, to discuss the athlete agent's
27representation of the athlete in the marketing of the athlete's athletic ability or
28reputation, or endorsement activities.
29(10) Make an agreement for, charge, or collect an unreasonable fee or an
30unreasonable amount for consideration or expenses.
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1B. Only an athlete agent shall be allowed to contact an athlete. The use,
2encouragement, or solicitation of any intermediaries or third persons to contact an
3athlete by an athlete agent is prohibited.
4C. An athlete agent owes all of the following duties to an athlete:
5(1) A duty to disclose to the athlete any risk of loss of eligibility.
6(2) A duty to explain to the athlete all foreseeable consequences of any
7athlete agent contacts agent contracts or endorsement contracts, including
8agreements relating to name, image, and likeness activities where applicable.
9(3) A duty to refrain from any contacts with an athlete until having complied
10with notification requirements to the institutions or schools division as required by
11Subsection D of this Section provided in R.S. 4:422(A)(2).
12(4) A duty to deal directly and without the use of intermediaries or any third
13person with any athlete.
14(5) A duty to not provide an athlete with anything of value prior to the
15execution of an agent contract or endorsement contract, except as otherwise
16expressly permitted by this Chapter.
17(6) A duty to refrain from any conduct which would cause the athlete to
18violate any rule of the federation or association of which the educational institution
19or school where the athlete is participating in sports contests is a member.
20(7) A duty to comply with federal law, including but not limited to the
21Sports Agent Responsibility and Trust Act, 15 U.S.C. 7801 et seq.
22D.C. An athlete agent owes all of the following duties to an educational
23institution or school:
24(1) A duty to comply with notification requirements to the athletic director
25of the institution or school the athlete attends and to the head coach of the sport in
26which the athlete competes, with respect to agent contracts only.
27(2) A duty to refrain from any conduct which would cause the educational
28institution or school to violate the rules of the federation or association of which the
29educational institution or school where the athlete is participating in sports contests
30is a member.
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1(3) A duty to notify the athletic director of the institution or school that the
2athlete attends and the head coach of the sport in which the athlete competes seven
3days in advance of any contact with an athlete of an intent by the agent to contact the
4athlete for purposes of representation, with respect to agent contracts only.
5(4) A duty to notify the athletic director of the educational institution or
6school that the athlete attends and the head coach of the sport in which the athlete
7competes by way of written notice of the execution of an agency agent contract
8which must be given before any subsequent participation by the student athlete in
9interscholastic or intercollegiate athletics the educational institution or school
10athletics program and not later than seventy-two hours after execution of an agent
11contract.
12E.D. Until such time as the athlete agent complies with the notification
13provided in Subsection D C of this Section, this Chapter shall prohibit or limit an
14athlete agent from sending to an athlete any written materials relating to the
15professional credentials of the agent or to specific services offered by the agent
16relating to the representation of an athlete in the marketing of an athlete's athletic
17ability or reputation and agent contracts. Similarly, until such time as the athlete
18agent complies with the notification provided in Subsection D C of this Section, this
19Chapter shall prohibit an athlete agent from any contact with the athlete or any third
20person, regardless of who attempts to initiate such contact.
21E. With respect to endorsement contracts or endorsement activities
22related to an athlete's name, image, and likeness matters, the athlete agent, and
23any athlete with whom the athlete agent engages with, shall comply with all
24applicable requirements of R.S. 17:3701 et seq., and any rules adopted by the
25division under R.S. 4:423.1.
26F. A determination by the attorney general that a particular agent or
27agency fee is unreasonable may be subject to judicial review by the Nineteenth
28Judicial District Court based on the record only and based on an abuse of
29discretion standard.
30*      *       *
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1§426. Violations; penalties
2A. An athlete agent who violates the provisions of this Chapter is subject,
3pursuant to an adjudicatory hearing or district court proceeding, to:
4(1) Forfeiture of any right of repayment of anything of value either received
5by an athlete as an inducement to enter into any agent contract or received for any
6other reason.
7(2) Payment of a refund of any consideration paid to the athlete agent on an
8athlete's behalf.
9(3) Payment of reasonable attorney fees and court costs incurred by an athlete
10in suing an athlete agent for violation of this Chapter.
11B. Upon a finding that an athlete agent has violated a provision of this
12Chapter, as determined from admissions of the athlete agent freely and
13voluntarily made or as the result of an adjudicatory hearing, the administrative
14law judge may assess a fine against an athlete agent not to exceed one hundred
15thousand dollars for a violation of this Chapter.
16C. All monies received from the payment of the fines imposed and
17collected pursuant to the provisions of this Section shall be deposited into the
18Department of Justice Legal Support Fund pursuant to R.S. 49:259.
19B.D. Any person commits an offense if he intentionally or knowingly either
20files a false sworn complaint, application, or gives false sworn testimony to any
21person concerning activities covered by this Chapter. This offense, upon conviction,
22shall be punishable by a fine of not more than one thousand dollars or by
23imprisonment of not more than six months, or both.
24C.E. Any athlete agent who fails to register as required by R.S. 4:422 shall,
25upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than
26one thousand dollars or by imprisonment of not more than six months, or both.
27D.F. Any athlete agent who violates any other duty, obligation, or
28responsibility prescribed by R.S. 4:424 or engages in conduct prohibited by that
29Section, shall, upon conviction, be guilty of a felony punishable by a fine of no less
30than one thousand dollars and not more than ten thousand dollars or by imprisonment
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1with or without hard labor for up to five years, or both.
2E.G. Any athlete agent who fails to comply with the filing and notice
3requirements of R.S. 4:423 shall, upon conviction, be guilty of a misdemeanor
4punishable by a fine of not more than one thousand dollars or by imprisonment of
5not more than six months, or both.
6§427. Records to be kept; penalties
7A. An athlete agent shall keep records of travel, entertainment, and other
8expenses incurred by the athlete agent which adequately describe the:
9*       *       *
10(8) Copies of all agent contracts and endorsement contracts entered into
11with athletes.
12*       *       *
13§431. Enforcement
14A. Each year the division shall compile a list of athletes, which were signed
15to a contract by a professional sports team, and shall contact the appropriate players
16associations to determine which agents have been retained to represent those athletes.
17(1) The division may, to the extent practicable, maintain a record or
18database of registered athlete agents.
19(2) The division may require registered agents to report annually, or
20upon request, the names of athletes for whom they have provided such services
21in the preceding year, including the sport and last-known educational institution
22or school, to facilitate compliance monitoring and enforcement under this
23Chapter and R.S. 17:3701 et seq.
24B. In the event that the agents retained by the athletes are not registered in
25this state, the division shall may contact the district attorney where the athlete's
26school or educational institution of higher education is located. The district
27attorney's office shall may take appropriate measures to investigate and prosecute
28any unregistered athlete agents operating in this state.
29C. The division shall may inform in writing the appropriate players
30association of any unregistered athlete agent operating in this state.
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1§432. Liability for loss of eligibility
2A. If an athlete loses his eligibility to participate in sports sanctioned by the
3federation or association of which the school or educational institution is a member,
4or if the school or educational institution is investigated or sanctioned by such
5federation or association as a result of any violation of the rules of the federation or
6association of which the school or educational institution is a member, the school
7or educational institution of higher education that such athlete attended shall have
8a cause of action, specifically including but not limited to an action of tortious
9interference with a contract, against such athlete, the athlete agent of such athlete,
10and any other parties connected with the violation.
11*  *     *
12§432.1. Civil remedies
13A. An athlete may bring a civil action against an athlete agent for
14damages if the athlete is adversely affected by an act or omission of the athlete
15agent in violation of this Chapter. An athlete is adversely affected if, because of
16the act or omission, the athlete is harmed by either of the following:
17(1) Loses eligibility or is suspended or disqualified from participation in
18interscholastic or intercollegiate athletics.
19(2) Suffers financial or reputational harm.
20B. In an action brought under this Section, the court may award actual
21damages, court costs, and reasonable attorney fees. An athlete agent found
22liable under this Section forfeits any right to compensation and shall refund any
23consideration paid to the athlete agent.
24§433. Unlawful payments; penalties
25A. Notwithstanding any other provision of this Chapter to the contrary, it
26shall be unlawful for any person to make or offer a monetary payment, or anything
27of value to an athlete or any other person where such offer does any one or both of
28the following:
29(1) Causes or is intended to cause the athlete to be penalized or to lose his
30eligibility to participate in sports sanctioned by the federation or association of which
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1the school or institution is a member.
2(2) Causes or is intended to cause the educational institution of higher
3education or school which the athlete attended or was being recruited to participate
4in sports contests at the time the payment or thing of value was received, to be
5investigated or placed on probation, penalized, or otherwise sanctioned by the
6federation or association of which the school or institution is a member.
7B. The athlete and the educational institution or school shall each have an
8independent cause of action, specifically including but not limited to a cause of
9action for tortious interference with an athlete contract against such person for
10damages, reasonable attorney fees, and court costs.
11*      *       *
12§434. Unfair or deceptive acts or practices; investigations and actions by the
13attorney general; private actions
14A. A violation of this Chapter constitutes an unfair or deceptive act or
15practice in trade or commerce for purposes of the Louisiana Unfair Trade
16Practices and Consumer Protection Law, R.S. 51:1401 et seq., and shall subject
17the violator to all actions, remedies, and penalties therein, including
18investigations and actions by the attorney general and private actions.
19B. The remedies and penalties provided by this Section are cumulative
20and in addition to any other civil, administrative, or criminal remedies or
21penalties provided by this Chapter or available under other laws of this state.
22§435. Requirement to register
23An athlete agent operating on or before the effective date of this Act shall
24be registered pursuant to the provisions of this Chapter no later than August 1,
252026. Any athlete agent who fails to register by August 1, 2026, shall
26immediately cease all activity as an athlete agent in this state until such
27registration is complete.
28Section 2. R.S. 4:425 and 430 are hereby repealed.
29Section 3. This Act shall become effective upon signature by the governor or, if not
30 signed by the governor, upon expiration of the time for bills to become law without signature
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1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
2 vetoed by the governor and subsequently approved by the legislature, this Act shall become
3 effective on the day following such approval.
  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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