Section 436.225

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2025, see footnote   

  436.225.  Criminal background check, fingerprint submission. — 1.  The director of the division of professional registration may require that fingerprint submissions be made as part of an application seeking licensure as an athlete agent.

  2.  If the director of the division of professional registration requires that fingerprint submissions be made as part of such application, the director of the division of professional registration shall require applicants to submit the fingerprints to the Missouri state highway patrol for the purpose of conducting a state and federal fingerprint-based criminal history background check.

  3.  The fingerprints and any required fees shall be sent to the Missouri state highway patrol's central repository.  The fingerprints shall be used for searching the state criminal records repository and shall also be forwarded to the Federal Bureau of Investigation for a federal criminal records search under section 43.540.  The Missouri state highway patrol shall notify the director of the division of professional registration of any criminal history record information or lack of criminal history record information discovered on the individual.  Notwithstanding the provisions of section 610.120 to the contrary, all records related to any criminal history information discovered shall be accessible and available to the director of the division of professional registration.

  4.  For purposes of this section, the term "athlete agent" means an individual who:

  (1)  Recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;

  (2)  For compensation or in anticipation of compensation related to a student athlete's participation in athletics:

  (a)  Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the educational institution for the benefit of the educational institution; or

  (b)  Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes; or

  (3)  In anticipation of representing a student athlete for a purpose related to the student athlete's participation in athletics:

  (a)  Gives consideration to the student athlete or another person;

  (b)  Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or

  (c)  Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes.

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(L. 2025 S.B. 71 merged with S.B. 81 & 174)