STATE OF NEW YORK
2021-2022 Regular Sessions
April 29, 2021
Introduced by M. of A. DICKENS -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to authorizing student
athletes to receive compensation for the use of his or her 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 shall not
4 uphold any rule, requirement, standard, or other limitation that
5 prevents a student of that institution participating in intercollegiate
6 athletics from earning compensation as a result of the use of the
7 student's name, image, or likeness. Earning compensation from the use of
8 a student's name, image, or likeness shall not affect the student's
9 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 athlete'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.
A. 7222 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 participating in intercollegiate athletics from
6 obtaining professional representation in relation to contracts or legal
7 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 athlete is
20 enrolled that provides the student with the cost of attendance at that
21 institution is not compensation for purposes of this section, and a
22 scholarship shall not be revoked as a result of earning compensation or
23 obtaining legal 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 student athlete or the athlete's legal
34 representation 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.