New York State Assembly

 
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A07107 Summary:

A07107 Actions:

A07107 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Fahy      
DATE:05/23/2023AYE/NAY:25/0  Action: Favorable refer to committee Rules        
Fahy
Aye
Smullen
Aye
Lupardo
Aye
Smith
Aye
Stirpe
Aye
Fitzpatrick
Aye
Simon
Aye
Reilly
Aye
McDonald
Aye
Gandolfo
Aye
Bichotte Hermel
Aye
Miller
Aye
Hyndman
Aye
Flood
Aye
Epstein
Aye
Gray
Aye
McMahon
Aye
Buttenschon
Aye
Clark
Aye
Forrest
Aye
Chandler-Waterm
Aye
Joyner
Aye
Seawright
Aye
Wallace
Aye
Burgos
Excused
Eachus
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/30/2023AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Excused
Bronson
Aye

A07107 Floor Votes:

A07107 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7107--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 11, 2023
                                       ___________
 
        Introduced by M. of A. SOLAGES, STIRPE, HUNTER, MAGNARELLI, FAHY -- read
          once  and  referred to the Committee on Education -- reference changed
          to the Committee on Higher Education  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred  to  the  Committee  on  Rules  --  Rules
          Committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to the Committee on Rules
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11248-07-3
        A. 7107--B                          2
 
     1  limited  to, the [National Collegiate Athletic Association (NCAA)] NCAA,
     2  shall not prevent a college from: (i) participating  in  intercollegiate
     3  athletics  as  a  result  of allowing a student-athlete pursuant to this
     4  section from earning compensation as a result of the use of the student-
     5  athlete's  name,  image, or likeness; or (ii) identifying, facilitating,
     6  enabling, or supporting opportunities  for  a  student-athlete  to  earn
     7  compensation for the student-athlete's name, image, or likeness.
     8    (d)  An  athletic association, conference, or other group or organiza-
     9  tion with authority over intercollegiate athletics, including,  but  not
    10  limited to the NCAA, shall not and shall not authorize its member insti-
    11  tutions to:
    12    (i)  prevent a college from participation in intercollegiate athletics
    13  because a student-athlete in attendance has previously earned or intends
    14  to earn compensation for the use of his or her name, image, or likeness;
    15    (ii) entertain a complaint, open an investigation, or take  any  other
    16  adverse  action against a college for engaging in any activity protected
    17  in this section or for involvement in a student-athlete's  name,  image,
    18  or likeness; or
    19    (iii)  penalize or prevent a college from participation in intercolle-
    20  giate athletics because an individual or entity whose  purpose  includes
    21  supporting  or  benefitting  the  college  or  its  athletic programs or
    22  student-athletes violates the collegiate athletic association's rules or
    23  regulations with regard to a student-athlete's name, image, or likeness.
    24    § 4. This act shall take effect immediately.