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The Athlete Agent Reform Act Of 2011 In Arkansas

It is not yet law, but the state of Arkansas is one step closer to having a tougher law regulating sports agents.  Last week, the Arkansas House of Representatives passed a bill titled THE ATHLETE AGENT REFORM ACT OF 2011 (embedded at the bottom of this post in its entirety).  House Bill 1061 by Rep. David J. Sanders passed through the House of Representatives by a vote of 89-0.  Next up, the Senate will discuss its provisions.

The bill proposes to completely change the definition of “athlete agent” within Arkansas.  All you have to do to be considered an athlete agent is to either 1) have a student-athlete authorize you to enter into an agreement, 2) work on behalf of another agent (runners, recruiters, service providers, etc), or 3) represent to the public that you are an athlete agent.  Additionally, family members who offer or solicit on their own behalf or the student-athlete’s behalf any sort of financial benefit or gift not allowed by the NCAA will be considered athlete agents under the Act.

Furthermore, the Act demands that athlete agents notify a school’s athletic director prior to contacting an athlete at that school.  However, the Act also gives a 72-hour window to inform the athletic director after the contact is made.

Agents who provide a financial benefit or gift to a student-athlete may go to jail for up to 6 years and/or be fined $250,o00, if the Act becomes law.

Arkansas Attorney General Dustin McDaniel has stated that the legislation “does, in fact, put skin in the game for those who are engaging in wrongful conduct.”  He went on to say, “I do not think that under the current law there’s enough deterrence to effectively reach the decision-making process of somebody who may be in Miami driving a Ferrari and reaching out to young athletes all over the United States.”

Rep. John Walker, a Democrat from Little Rock, Arkansas is not so sure about this Act’s effectiveness, though.  He is quoted as saying, “Perhaps this would be better to be a national law rather than a local law because you can talk about the agent, but you can’t bring that person within the state unless he has some significant direct contact with the student in the state.”  This is just one of many reasons why the Act fits better as national legislation.  But it is a step in the right direction for states like Arkansas to take sports agent illegality serious.  However, deterrence will come through enforcement, not mere words.

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.

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