Delaware General Assembly

Passed 6/30/19

The General Assembly has ended, the current status is the final status.

6/6/19

Longhurst

Sen. Poore

Reps. Brady, Briggs King, Cooke, Osienski, Michael Smith

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PROFESSIONAL ATHLETES.

This Act creates the Professional Athlete Funding Act which authorizes and establishes regulations pertaining to player brand agreements. A player brand agreement is an agreement between a professional athlete and an investor whereby in exchange for payment to the professional athlete, the athlete commits to pay a specified percentage of the athlete's future income or earnings. The purpose of this Act is to protect the professional athlete from unscrupulous investors by codifying best practices. Such practices include setting forth requirements that must be satisfied in order that a player brand agreement is valid, binding and enforceable including: (1) the agreement being written in the athlete's native language; (2) specifying the percentage of income or earning the athlete will have to pay; (3) identifying the income or earnings used to calculate the obligation; (3) not requiring the athlete to pay more than 30% of his or her future income; (4) requiring that the shared percentage lasts no more than 30 years; and (5) identifying specific criteria for the signing and executing of the agreement. This Act also authorizes the Division of Consumer Protection of the Department of Justice to enforce such agreements and to investigate and prosecute violations.

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Takes effect upon being signed into law

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