Title 59 — AGENCY
12 chapters · 170 sections in this title.
SDCL § 59-10-1 Short title
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This chapter may be cited as the Uniform Athlete Agents Act. Source: SL 2006, ch 265 , § 1.
SDCL § 59-10-10 Required form of contract
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(a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agen…
SDCL § 59-10-11 Notice to educational institution
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(a) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic d…
SDCL § 59-10-12 Student-athlete's right to cancel
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(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed. (b) A student-athlete may not waive the right to cancel an agency contract. (c) If a student-athlete cancel…
SDCL § 59-10-13 Required records
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(a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in t…
SDCL § 59-10-14 Prohibited conduct
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(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student-athlete before the…
SDCL § 59-10-15 Criminal penalties
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An athlete agent who violates § 59-10-14 is guilty of a Class 6 felony. Source: SL 2006, ch 265 , § 15.
SDCL § 59-10-16 Civil remedies
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(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees. (b) Dama…
SDCL § 59-10-17 Administrative penalty
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The secretary of the Department of Labor and Regulation may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars for a violation of this chapter. All moneys received pursuant to this section shall be deposited in the state general fund. Sourc…
SDCL § 59-10-18 Uniformity of application and construction
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In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2006, ch 265 , § 18.
SDCL § 59-10-19 Electronic Signatures in Global National Commerce Act
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The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in G…
SDCL § 59-10-2 Definitions
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In this chapter: (1) "Agency contract," an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract; (2) "Athlete agent," an individual who enters into an a…
SDCL § 59-10-20 Severability
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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…
SDCL § 59-10-3 Service of process--Subpoenas
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(a) By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state. (b) The secretary of …
SDCL § 59-10-4 Athlete agents--Registration required--Void contracts
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(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under § 59-10-6 or
SDCL § 59-10-5 Registration as athlete agent--Form--Requirements
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(a) An applicant for registration shall submit an application for registration to the secretary of state in a form prescribed by the secretary of state. An application filed under this section is a public record. The application must be in the name of an individual and, except as…
SDCL § 59-10-6 Certificate of registration--Issuance or denial--Renewal
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(a) Except as otherwise provided in subsection (b), the secretary of the Department of Labor and Regulation shall issue a certificate of registration to an individual who complies with subdivision 59-10-5(a) or whose application has been accepted under subdivision 59-10-5(b). The…
SDCL § 59-10-7 Suspension, revocation, or refusal to renew registration
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(a) The secretary of the Department of Labor and Regulation may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under subdivision 59-10-6(b). (b) The secretary of the Department of Labor and Regulation may deny, susp…
SDCL § 59-10-8 Temporary registration
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The secretary of the Department of Labor and Regulation may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. Source: SL 2006, ch 265 , § 8; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.
SDCL § 59-10-9 Registration and renewal fees
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An application for registration or renewal of registration must be accompanied by a fee in the following amount: (1) One hundred dollars for an initial application for registration; (2) Fifty dollars for an application for registration based upon a certificate of registration or …