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Sports Law

How The College Athletes Bill Of Rights Would Affect Sports Agents

There is a new bill in Congress, sponsored by Senators Booker, Blumenthal, Schatz, Wyden, and Padilla, that is titled, “College Athletes Bill of Rights.” If it is passed and signed into law, which is probably a long shot, then it will have consequences for the sports agent industry.

Part of the bill seeks to establish a “Commission on College Athletes,” which will have a purpose, in part, of ensuring that college athlete agents “faithfully represent the interests of college athletes.” The Commission will have the duty and authority of establishing standards with respect to the registration and annual certification of college athlete agents as well as agency fees charged by college athlete agents.

This would be a major change to the status quo, where sports agents who wish to represent college athletes must be licensed on a state-by-state basis dependent on where the recruited athletes are enrolled. If the Commission is established, then it will have the right to assess an annual certification fee for each college athlete agent.

Interestingly, the legislation expressly states that the Commission will not have the power to establish a standard requiring college athlete agents to attain a bachelor’s degree, an associate’s degree, or a graduate degree from an institution of higher education. This is a distinction from many players’ associations that do maintain such requirements.

While it has not come up as an issue, the bill further states that no state or political subdivision of a state may establish a law or regulation that seeks to preclude college athletes from securing representation from sports agents. It also says that states can no longer regulate and certify college athlete agents, but that does not mean that states will be taken completely out of the business of making money off of agents. The bill says that it does not intend to play a role with sports agents who are not college athlete agents. Thus, it is plausible that states will maintain their separate athlete agent laws, if the College Athletes Bill of Rights becomes law, with regard to agents who seek to recruit college athletes for the purpose of representing them during their professional careers.

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.