Relates to allowing student-athletes to earn compensation as a result of the use of that student's name, image or likeness; prohibits an athlete or college from being prevented from participating in intercollegiate athletics because an athlete receives compensation; provides that a college shall not provide a prospective athlete with compensation in relation to the athlete's name, image and likeness.
STATE OF NEW YORK
________________________________________________________________________
8612
2019-2020 Regular Sessions
IN ASSEMBLY
October 2, 2019
___________
Introduced by M. of A. RYAN -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to allowing student-ath-
letes to earn compensation as a result of the use of that student's
name, image or likeness
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6438-a
2 to read as follows:
3 § 6438-a. Student-athlete compensation. 1. (a) A college, except a
4 community college, shall not uphold any rule, requirement, standard, or
5 other limitation that prevents a student of that institution participat-
6 ing in intercollegiate athletics from earning compensation as a result
7 of the use of the student's name, image, or likeness. Earning compen-
8 sation from the use of a student's name, image, or likeness shall not
9 affect the student's scholarship eligibility.
10 (b) An athletic association, conference, or other group or organiza-
11 tion with authority over intercollegiate athletics, including, but not
12 limited to, the National Collegiate Athletic Association, shall not
13 prevent a student of a college participating in intercollegiate athlet-
14 ics from earning compensation as a result of the use of the student's
15 name, image, or likeness.
16 (c) An athletic association, conference, or other group or organiza-
17 tion with authority over intercollegiate athletics, including, but not
18 limited to, the National Collegiate Athletic Association, shall not
19 prevent a college from participating in intercollegiate athletics as a
20 result of the compensation of a student-athlete for the use of the
21 student's name, image, or likeness.
22 2. A college, athletic association, conference, or other group or
23 organization with authority over intercollegiate athletics shall not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13804-01-9
A. 8612 2
1 provide a prospective student-athlete with compensation in relation to
2 the athlete's name, image, or likeness.
3 3. (a) A college, athletic association, conference, or other group or
4 organization with authority over intercollegiate athletics shall not
5 prevent a student-athlete participating in intercollegiate athletics
6 from obtaining professional representation in relation to contracts or
7 legal matters, including, but not limited to, representation provided by
8 athlete agents or legal representation provided by attorneys.
9 (b) Professional representation obtained by student athletes shall be
10 from persons registered and/or licensed by the state. Professional
11 representation provided by athlete agents shall be by persons registered
12 pursuant to article thirty-nine-e of the general business law. Legal
13 representation of student athletes shall be by attorneys licensed pursu-
14 ant to article fifteen of the judiciary law.
15 (c) Athlete agents representing student athletes shall comply with the
16 federal Sports Agent Responsibility and Trust Act, established in chap-
17 ter 104 of title 15 of the United States Code, in their relationships
18 with student athletes.
19 4. A scholarship from the college in which a student is enrolled that
20 provides the student with the cost of attendance at that institution is
21 not compensation for purposes of this section, and a scholarship shall
22 not be revoked as a result of earning compensation or obtaining legal
23 representation pursuant to this section.
24 5. (a) A student-athlete shall not enter into a contract providing
25 compensation to the athlete for use of the athlete's name, image, or
26 likeness if a provision of the contract is in conflict with a provision
27 of the athlete's team contract.
28 (b) A student-athlete who enters into a contract providing compen-
29 sation to the athlete for use of the athlete's name, image, or likeness
30 shall disclose the contract to an official of the college, to be desig-
31 nated by the college.
32 (c) A college asserting a conflict described in paragraph (a) of this
33 subdivision shall disclose to the athlete or the athlete's legal repre-
34 sentation the relevant contractual provisions that are in conflict.
35 6. After the effective date of this section, a new team contract or a
36 renewal or modification of a team contract of a college's athletic
37 program shall not prevent a student-athlete from using the athlete's
38 name, image, or likeness for a commercial purpose when the athlete is
39 not engaged in official team activities.
40 § 2. This act shall take effect immediately.