Relates to permissible activities for athletic associations, conferences, or other groups or organizations with authority over intercollegiate athletics and to the definition of student-athlete; makes a technical change.
STATE OF NEW YORK
________________________________________________________________________
7388--A
2023-2024 Regular Sessions
IN SENATE
May 22, 2023
___________
Introduced by Sens. PARKER, GOUNARDES, MANNION -- read twice and ordered
printed, and when printed to be committed to the Committee on Higher
Education -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to permissible activities
for athletic associations, conferences, or other groups or organiza-
tions with authority over intercollegiate athletics and the definition
of student-athlete
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6438-a of the education law, as added by chapter
2 622 of the laws of 2022, is renumbered section 6438-c.
3 § 2. Paragraph (a) of subdivision 1 of section 6438-c of the education
4 law, as added by chapter 622 of the laws of 2022 and such section as
5 renumbered by section one of this act, is amended to read as follows:
6 (a) "student-athlete" shall mean (i) a student enrolled at a college
7 and participating in intercollegiate athletics, or (ii) an individual
8 who has completed at least their sophomore year of high school or inter-
9 national equivalent and is eligible, or may in the future be eligible,
10 to attend a college and participate in intercollegiate athletics. Such
11 term shall not include an individual permanently ineligible to partic-
12 ipate in a particular interscholastic or intercollegiate sport; and
13 § 3. Paragraph (c) of subdivision 2 of section 6438-c of the education
14 law, as added by chapter 622 of the laws of 2022 and such section as
15 renumbered by section one of this act, is amended and a new paragraph
16 (d) is added to read as follows:
17 (c) An athletic association, conference, or other group or organiza-
18 tion with authority over intercollegiate athletics, including, but not
19 limited to, the [National Collegiate Athletic Association (NCAA)] NCAA,
20 shall not prevent a college from: (i) participating in intercollegiate
21 athletics as a result of allowing a student-athlete pursuant to this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11597-02-3
S. 7388--A 2
1 section from earning compensation as a result of the use of the student-
2 athlete's name, image, or likeness; or (ii) identifying, facilitating,
3 enabling, or supporting opportunities for a student-athlete to earn
4 compensation for the student-athlete's name, image, or likeness.
5 (d) An athletic association, conference, or other group or organiza-
6 tion with authority over intercollegiate athletics, including, but not
7 limited to the NCAA, shall not and shall not authorize its member insti-
8 tutions to:
9 (i) prevent a college from participation in intercollegiate athletics
10 because a student-athlete in attendance has previously earned or intends
11 to earn compensation for the use of his or her name, image, or likeness;
12 (ii) entertain a complaint, open an investigation, or take any other
13 adverse action against a college for engaging in any activity protected
14 in this section or for involvement in a student-athlete's name, image,
15 or likeness; or
16 (iii) penalize or prevent a college from participation in intercolle-
17 giate athletics because an individual or entity whose purpose includes
18 supporting or benefitting the college or its athletic programs or
19 student-athletes violates the collegiate athletic association's rules or
20 regulations with regard to a student-athlete's name, image, or likeness.
21 § 4. This act shall take effect immediately.
