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Arkansas’ New Athlete Agent Law May Be Used As National Model

The state of Arkansas went into 2011 with a goal of passing legislation that would implement stricter punishments for those who violate the state’s athlete agent law, including sports agents, athletes’ relatives, and third parties who negotiate benefits in exchange for an athlete attending a university.  The legislation, heralded by Representative David J. Sanders and presented by Senator Jeremy Hutchinson, was given the title, “The Athlete Agent Reform Act Of 2011,” and passed in the Arkansas House of Representatives and Senate by votes of 89-0 and 28-0 respectively.

The new law has completely changed the definition of “athlete agent” within Arkansas.  To be considered an athlete agent in the state of Arkansas, one must either (1) have a student-athlete authorize the agent to enter into an agreement; (2) work on behalf of another agent (runners, recruiters, service providers, etc); and/or (3) represent to the public that he is 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 directorafter 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.

While the Act has received overwhelming support, Representative John Walker, a Democrat from Little Rock, Arkansas is not so sure about the Act’s effectiveness.  He has stated, “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.”  Perhaps one day the law will be used as a starting point for a new federal law.  However, in the meantime, at least the NCAA has taken notice.

Last week, Arkansas Chief Deputy Attorney General Brad Phelps spoke about the Arkansas law at an NCAA-sponsored summit.  It has been reported that State officials from North Carolina, Texas and Oklahoma, along with NFL and NFLPA members, and sports agents were in attendance.  It appears that the UAAA may soon become a relic of the past.  Will Arkansas’ law become the model for all states to follow?  I am not positive that would be a good thing, as the maximum penalty of 6 years seems rather excessive.

The Act may be read below.

The Athlete Agent Reform Act Of 2011

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.

One reply on “Arkansas’ New Athlete Agent Law May Be Used As National Model”

The NCAA does not allow a student athlete to authorize anyone to enter into agreements for them. Hence the law is out of compliance. Agents are only allowed to advise. If you read the NCAA rules regarding agents the state of Arkansas is in a state of confusion.

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