STATE OF NEW YORK
________________________________________________________________________
10964
IN ASSEMBLY
April 14, 2026
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to student-athlete name,
image, and likeness compensation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6438-c of the education law, as added by chapter
2 622 of the laws of 2022, subdivision (a) of subdivision 1 and paragraph
3 (c) of subdivision 2 as amended and paragraph (d) of subdivision 2 as
4 added and such section as renumbered by chapter 154 of the laws of 2023,
5 is amended to read as follows:
6 § 6438-c. Student-athlete name, image, and likeness compensation. 1.
7 For the purposes of this section:
8 (a) "student-athlete" shall mean (i) a student enrolled at a college
9 and participating in intercollegiate athletics, or (ii) an individual
10 who has completed at least their sophomore year of high school or inter-
11 national equivalent and is eligible, or may in the future be eligible,
12 to attend a college and participate in intercollegiate athletics. Such
13 term shall not include an individual permanently ineligible to partic-
14 ipate in a particular interscholastic or intercollegiate sport; [and]
15 (b) "team contract" shall mean any written agreement between a
16 student-athlete and a college, or division, department, program or team
17 thereof, which includes goals and objectives, standards, prohibitions,
18 broadcast, advertising or marketing rights or consents, rules or expec-
19 tations applicable to the student-athlete[.];
20 (c) "collegiate sports governing body" shall mean an athletic associ-
21 ation, conference, or other group or organization with authority over
22 intercollegiate athletics;
23 (d) "NIL" shall refer to name, image and likeness; and
24 (e) "NIL advisor" shall mean any individual or entity, other than a
25 licensed attorney or registered athlete agent, that for compensation
26 negotiates, arranges, procures, or materially advises on a student-ath-
27 lete name, image, and likeness agreement.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15464-01-6
A. 10964 2
1 2. (a) A college shall not uphold any rule, requirement, standard, or
2 other limitation that prevents a student-athlete from earning compen-
3 sation [pursuant to this section as a result of] from the use of the
4 student-athlete's name, image, or likeness, except as expressly permit-
5 ted under this section.
6 (b) [An athletic association, conference, or other group or organiza-
7 tion with authority over intercollegiate athletics, including, but not
8 limited to, the National Collegiate Athletic Association (NCAA),] A
9 collegiate sports governing body shall not prevent or unreasonably delay
10 a student-athlete from earning compensation pursuant to this section [as
11 a result of the use of the student-athlete's name, image, or likeness].
12 (c) [An athletic association, conference, or other group or organiza-
13 tion with authority over intercollegiate athletics, including, but not
14 limited to, the NCAA,] A collegiate sports governing body shall not
15 [prevent] take any adverse action against a college [from: (i) partic-
16 ipating in intercollegiate athletics]: (i) as a result of allowing a
17 student-athlete to earn compensation pursuant to this section [from
18 earning compensation as a result of the use of the student-athlete's
19 name, image, or likeness]; or (ii) because an individual or entity whose
20 purpose includes supporting or benefitting the college or its athletic
21 programs or student-athletes violates the collegiate sports governing
22 body's rules with regard to a student-athlete's name, image, or like-
23 ness. A collegiate sports governing body shall not take any adverse
24 action against a college, or any individual or entity whose purpose
25 includes supporting or benefitting the college or its athletic programs
26 or student-athletes, for entering into contracts for a student-athlete
27 to earn compensation for the student-athlete's name, image, or likeness;
28 or (iii) identifying, facilitating, enabling, or supporting [opportu-
29 nities for a student-athlete to earn compensation for the student-
30 athlete's] lawful name, image, or likeness opportunities.
31 (d) [An athletic association, conference, or other group or organiza-
32 tion with authority over intercollegiate athletics, including, but not
33 limited to the NCAA, shall not and shall not authorize its member insti-
34 tutions to:
35 (i) prevent a college from participation in intercollegiate athletics
36 because a student-athlete in attendance has previously earned or intends
37 to earn compensation for the use of his or her name, image, or likeness;
38 (ii) entertain a complaint, open an investigation, or take any other
39 adverse action against a college for engaging in any activity protected
40 in this section or for involvement in a student-athlete's name, image,
41 or likeness; or
42 (iii) penalize or prevent a college from participation in intercolle-
43 giate athletics because an individual or entity whose purpose includes
44 supporting or benefitting the college or its athletic programs or
45 student-athletes violates the collegiate athletic association's rules or
46 regulations with regard to a student-athlete's name, image, or like-
47 ness.] A college or affiliated entity shall not directly or indirectly
48 condition playing time, scholarship status, team participation, roster
49 position, or other athletic benefits on a student-athlete's partic-
50 ipation in any specific name, image, and likeness opportunity.
51 3. (a) A college[, athletic association, conference, or other group or
52 organization with authority over intercollegiate athletics] or collegi-
53 ate sports governing body shall not provide compensation to a prospec-
54 tive student-athlete [with compensation] in relation to the student-
55 athlete's name, image, or likeness.
A. 10964 3
1 (b) Any name, image, and likeness agreement involving a prospective
2 student-athlete who is a minor shall: (i) require written consent of a
3 parent or legal guardian; (ii) include clear written disclosure of mate-
4 rial terms in plain language; and (iii) provide a rescission period of
5 not less than five business days during which the agreement may be void-
6 ed without penalty.
7 4. (a) A [college, athletic association, conference, or other group or
8 organization with authority over intercollegiate athletics shall not
9 prevent a] student-athlete [from obtaining] may obtain professional or
10 other representation in [relation to] connection with name, image, or
11 likeness [contracts or legal] matters, including[, but not limited to,]
12 representation [provided] by licensed attorneys, registered athlete
13 agents [or legal representation provided by attorneys], or NIL advisors.
14 (b) [Professional representation obtained by a student-athlete shall
15 be from persons registered and/or licensed by the state.] Professional
16 representation provided by athlete agents shall be by persons registered
17 pursuant to article thirty-nine-E of the general business law. Legal
18 representation of student-athletes shall be by attorneys licensed pursu-
19 ant to article fifteen of the judiciary law. Athlete agents and attor-
20 neys shall provide student-athletes with proof of registration or licen-
21 sure prior to entering an agreement for representation.
22 (c) Athlete agents representing student-athletes shall comply with the
23 federal Sports Agent Responsibility and Trust Act, established in chap-
24 ter 104 of title 15 of the United States Code, and all applicable
25 portions of article thirty-nine-E of the general business law, in their
26 relationships with student-athletes.
27 (d) Athlete agents, attorneys, and NIL advisors representing student-
28 athletes shall have a fiduciary duty to act in the best interest of
29 student-athletes.
30 (e) Athlete agents, attorneys, and NIL advisors and representing
31 student-athletes shall have an ongoing duty to disclose actual or poten-
32 tial conflicts of interest to any student-athletes represented by the
33 athlete agent, attorney or NIL advisor.
34 (f) Any agreements governing an athlete agent, attorney or NIL advi-
35 sor's representation of a student-athlete shall:
36 (i) be in writing;
37 (ii) include a defined term period which shall not automatically renew
38 and shall not extend beyond the sooner of the student-athlete's eligi-
39 bility to participate, or actual participation, in intercollegiate
40 athletics;
41 (iii) include defined and clear termination rights for the student-
42 athlete, which shall include, at a minimum, the student-athlete's option
43 to terminate the agreement upon the athlete agent, attorney, or NIL
44 advisor's material breach of the agreement or violation of any applica-
45 ble laws; and
46 (iv) clearly define any and all fees, costs or expenses that the
47 student-athlete will incur under the agreement, including but not limit-
48 ed to any fees that the athlete agent, attorney or NIL advisor will
49 charge.
50 (g) Any agreements governing an athlete agent, attorney or NIL advi-
51 sor's representation of a student-athlete shall not:
52 (i) include terms that require arbitration and/or mediation as the
53 exclusive means of dispute resolution available to the student-athlete
54 or that waive the student-athlete's right to pursue remedies in a court
55 of competent jurisdiction. Nothing contained in this section shall be
56 construed to prohibit a student-athlete and an athlete agent, attorney
A. 10964 4
1 or NIL advisor from voluntarily agreeing to submit a dispute to arbi-
2 tration or mediation after such dispute has arisen;
3 (ii) provide or offer a student-athlete, prospective student-athlete,
4 or student-athlete's parent or legal guardian an advance payment, loan,
5 or other thing of value prior to the student-athlete's enrollment at a
6 college, except as permitted under the federal Sports Agent Responsibil-
7 ity and Trust Act;
8 (iii) require repayment of any advance payment, loan, or benefit
9 provided to a student-athlete, prospective student-athlete, or student-
10 athlete's parent or legal guardian in an amount exceeding the principal
11 amount advanced, excluding reasonable interest at a rate not to exceed
12 the applicable federal rate established by the Internal Revenue Service
13 pursuant to section 1274(d) of the Internal Revenue Code of 1986, as
14 amended; or
15 (iv) grant the athlete agent, attorney or NIL advisor any share,
16 percentage, or interest in the student-athlete or prospective student-
17 athlete's future earnings that accrue after the sooner of the student-
18 athlete or prospective student-athlete's eligibility to participate, or
19 actual participation, in intercollegiate athletics.
20 (h) Agreements that: (i) do not satisfy the requirements of paragraph
21 (g) of this subdivision; or (ii) are between a student-athlete and an
22 athlete agent or attorney who is not properly licensed or registered in
23 compliance with applicable rules, regulations and laws, shall be unen-
24 forceable as against the student-athlete. Any deviations from those
25 fees, costs or expenses disclosed under subparagraph (iv) of paragraph
26 (f) of this subdivision which have not been expressly agreed to in writ-
27 ing by a student-athlete shall be unenforceable as against the student-
28 athlete.
29 (i) A student-athlete shall have a right of action against an athlete
30 agent, attorney or NIL advisor for damages caused by any violation of
31 this subdivision. In an action brought pursuant to this section, a court
32 may award injunctive relief and any other remedy available at law or in
33 equity to a student-athlete and may award reasonable attorneys' fees to
34 a prevailing plaintiff student-athlete.
35 5. A scholarship [from the college in which a student-athlete is
36 enrolled that provides the student-athlete with] providing the cost of
37 attendance [at that college is not compensation for purposes of this
38 section, and a scholarship] shall not be revoked, reduced, or condi-
39 tioned due to a student-athlete earning compensation [as a result of the
40 use of the student-athlete's] from name, image, or likeness[, or due to]
41 activities or obtaining [legal or athletic agent] representation [in
42 relation to name, image, or likeness matters] as permitted under this
43 section.
44 6. (a) A student-athlete shall not enter into a contract providing
45 compensation to the student-athlete for use of the student-athlete's
46 name, image, or likeness if a provision of the contract causes a
47 conflict pursuant to paragraph (d) of this subdivision.
48 (b) A student-athlete who enters into a contract providing compen-
49 sation to the student-athlete for use of the student-athlete's name,
50 image, or likeness shall disclose the contract in advance of executing
51 it to an official of the college, as designated by the college. A
52 college shall respond to such disclosure within seven business days.
53 (c) A college asserting a conflict pursuant to paragraph (a) of this
54 subdivision shall disclose to the student-athlete or the student-
55 athlete's [legal] representation the relevant contractual provisions
56 that are in conflict; provided, however, that a college shall not be
A. 10964 5
1 required to disclose any financial terms of such contract unless other-
2 wise required by applicable law.
3 (d) A college asserting a conflict pursuant to paragraph (a) of this
4 subdivision may assert a conflict based on, but not limited to, the
5 following grounds:
6 (i) the proposed contract would cause the student-athlete to violate
7 the team contract; or
8 (ii) the proposed contract would cause the student-athlete to violate
9 the college's student handbook or code of conduct; or
10 (iii) the proposed contract would conflict with an existing contract
11 or sponsorship the college participates in; or
12 (iv) the proposed contract would reasonably be judged to cause finan-
13 cial loss or reputational damage to the college; or
14 (v) the proposed contract would require actions by the student-athlete
15 during team activities; or
16 (vi) the proposed contract would require actions by the student-ath-
17 lete during scheduled classes; or
18 (vii) the proposed contract would use the college's name, brand, copy-
19 written materials, trademarks, service marks, symbols, nicknames, trade
20 dress, insignia, mascot, uniform styles, colors, imagery, campus land-
21 marks, or any other intellectual property or indicia without the consent
22 of the college; or
23 (viii) the proposed contract would require the student-athlete to
24 display a sponsor's product, logo, brand, or other indicia, or otherwise
25 advertise for a sponsor, during official team activities; or
26 (ix) the proposed contract would require the student-athlete to
27 display a sponsor's product, logo, brand or other indicia, or otherwise
28 advertise for a sponsor at any time, and such sponsor is a competitor
29 of, or offers products or services within the same category as a sponsor
30 of the college.
31 (e) A student-athlete may appeal a conflict determination by a college
32 through a neutral institutional or statewide review process established
33 pursuant to this section. Nothing in this subdivision shall be construed
34 to override or impair rights established under any other agreement
35 voluntarily entered into by the student-athlete.
36 7. A [team of a college's athletic program shall not prevent a]
37 student-athlete [from using the student-athlete's] may engage in name,
38 image, or likeness [for a commercial purpose] activities when [the
39 student-athlete is] not engaged in official team activities, [except
40 where there is a conflict pursuant to paragraph (d) of subdivision six
41 of this section or any other prohibition in this section] subject only
42 to lawful conflict determinations under subdivision six of this section.
43 8. [Each college athletic program that participates in Division 1 NCAA
44 athletics shall offer a student-athlete assistance program or programs,
45 designed to provide student-athletes participating in Division 1 athlet-
46 ics with tools aimed to enhance their well-being and experiences in the
47 classroom, off the field of play, and beyond their tenure as student-
48 athletes. The student-athlete assistance program may include but not be
49 limited to:
50 (a) a dedicated financial distress fund that would support student-
51 athletes in times of financial need. Disbursements from such fund are
52 not compensation for the purposes of this section;
53 (b) access to ongoing mental health support services provided by coun-
54 selors specially trained to understand the unique issues and pressures
55 student-athletes confront;
A. 10964 6
1 (c) access to broad-based financial literacy training, with a specific
2 emphasis on the issues and opportunities relevant to student-athletes,
3 during and beyond their tenure at the college;
4 (d) a degree completion assistance program that provides former
5 student-athletes who disenrolled from the college in good academic
6 standing and who earned the NCAA Academic Progress Rate eligibility
7 point for Division I institutions, before completing their degree,
8 access to need-based financial aid and counseling assistance required to
9 support undergraduate degree completion;
10 (e) access to training regarding sex-based discrimination and harass-
11 ment that ensures student-athletes fully understand their rights and
12 responsibilities under the law, including how to make a report of
13 discrimination or harassment on their campus;
14 (f) access to leadership training that will set the conditions for
15 student-athletes to become successful leaders, improve communication
16 skills, make positive decisions, and manage conflict; and
17 (g) access to a career development program, positioned to assist
18 student-athletes in transferring the valuable skills developed during
19 intercollegiate athletic participation, to a successful post-college
20 career.] Institutions providing name, image, and likeness compensation
21 to student-athletes shall offer student-athlete assistance programs,
22 including mental health services, financial literacy education, degree
23 completion support, and career development. Institutions shall annually
24 report to the commissioner, in aggregate form, the availability and
25 utilization of such programs.
26 9. (a) A student-athlete, college, and any individual or entity whose
27 purpose includes supporting or benefitting the college or its athletic
28 programs or student-athletes, that is subjected to any adverse action by
29 a collegiate sports governing body for conduct permitted under this
30 section may seek injunctive relief, damages, attorneys' fees, and any
31 other remedy available at law or in equity.
32 (b) The commissioner shall designate or establish a student-athlete
33 NIL and athlete ombudsperson to provide guidance on the interaction
34 between individual NIL rights and other rights, assist with complaints,
35 and facilitate non-judicial dispute resolution.
36 (c) Nothing in this section shall be construed to diminish, waive, or
37 automatically incorporate individual name, image, and likeness rights
38 into any agreement absent the student-athlete's informed and voluntary
39 consent.
40 § 2. This act shall take effect immediately and shall apply to agree-
41 ments entered into, renewed, modified, or extended on or after the
42 effective date.
