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Proposal To Revise Arkansas’ Athlete Agent Law

Arkansas is one of the forty states that has passed the Uniform Athlete Agents Act (UAAA), which requires sports agents to become licensed in the state in order to act as an athlete agent and recruit student-athletes with aspirations of going pro.  One of the main goals of the UAAA is to prevent agents from providing any type of benefits to athletes while the athletes retain eligibility to perform in intercollegiate athletics.  States have been attacked for not enforcing their athlete agent laws, and many people are currently focused on what kind of punishment, if any, North Carolina’s Secretary of State, Elaine Marshall, will hand down on NFLPA Contract Advisor Gary Wichard.

Certain states are known for their veracity in hunting down agents who violate their athlete agent laws.  Florida has a history of enforcing its regulations, and Alabama is certainly not a state to mess around with.  Arkansas may also soon put all sports agents on warning.

Representative David Sanders (R-Little Rock) has proposed The Arkansas Player and Fan Protection Act.

The bill would make it a felony in Arkansas for an agent to provide or arrange for anything of value to be provided to a college athlete (it’s currently a never-prosecuted misdemeanor), fine the agent at least $250,000 (it’s now $50,000 in pocket change), and revoke his or her license to practice their craft in Arkansas for up to five years (they currently face no revocation at all). The bill also would penalize anyone acting on behalf of an agent.

The penalties may scare off some unscrupulous agents from recruiting in Arkansas, but until the new law, if passed, is enforced, it will not be completely effective.  Passing the laws with teeth is only half the battle.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

2 replies on “Proposal To Revise Arkansas’ Athlete Agent Law”

Darren – Good points on this. I mentioned this proposed piece of legislation on my blog last week, though in a much more sarcastic tone.

Another important point is that Sanders is not yet a member of the House. He was elected this year, but has not yet been sworn in, so I imagine it will be some time before it is law, if gets to that point.

Steve Dittmore, PhD
University of Arkansas

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