Bill Text: IA HF2282 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act concerning compensation of college athletes and including effective date provisions.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-02-17 - Subcommittee recommends passage. [HF2282 Detail]
Download: Iowa-2019-HF2282-Introduced.html
House
File
2282
-
Introduced
HOUSE
FILE
2282
BY
R.
SMITH
and
MITCHELL
A
BILL
FOR
An
Act
concerning
compensation
of
college
athletes
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5811YH
(5)
88
je/jh
H.F.
2282
Section
1.
NEW
SECTION
.
261I.1
Definition.
1
For
purposes
of
this
chapter,
“postsecondary
educational
2
institution”
means
a
regents
institution
or
private
3
postsecondary
educational
institution
in
Iowa.
4
Sec.
2.
NEW
SECTION
.
261I.2
Compensation
of
college
5
athletes.
6
1.
A
postsecondary
educational
institution
shall
not
7
enforce
any
rule,
requirement,
standard,
or
other
limitation
8
that
prevents
a
college
athlete
enrolled
at
the
institution
9
from
fully
participating
in
intercollegiate
athletics
and
10
earning
compensation
as
a
result
of
the
use
of
the
athlete’s
11
name,
image,
or
likeness
rights,
or
athletic
reputation,
or
12
that
otherwise
penalizes
such
an
athlete.
A
college
athlete’s
13
financial
aid
eligibility,
amount,
duration,
or
renewal,
or
14
any
other
benefit
for
which
the
athlete
is
otherwise
eligible,
15
shall
not
be
affected
by
the
athlete
earning
compensation
from
16
the
use
of
an
athlete’s
name,
image,
or
likeness
rights,
or
17
athletic
reputation.
18
2.
An
athletic
association,
conference,
or
other
group
or
19
organization
with
authority
over
intercollegiate
athletics,
20
including
but
not
limited
to
the
national
collegiate
athletic
21
association,
shall
not
prevent
a
college
athlete
enrolled
at
a
22
postsecondary
educational
institution
from
fully
participating
23
in
intercollegiate
athletics
and
earning
compensation
as
a
24
result
of
the
athlete’s
use
of
the
athlete’s
name,
image,
or
25
likeness
rights,
or
athletic
reputation,
or
otherwise
penalize
26
such
an
athlete.
27
3.
An
athletic
association,
conference,
or
other
group
or
28
organization
with
authority
over
intercollegiate
athletics,
29
including
but
not
limited
to
the
national
collegiate
athletic
30
association,
shall
not
prevent
a
postsecondary
educational
31
institution
from
fully
participating
in
intercollegiate
32
athletics
as
a
result
of
a
college
athlete’s
use
of
the
33
athlete’s
name,
image,
or
likeness
rights,
or
athletic
34
reputation,
or
otherwise
penalize
such
an
institution.
35
-1-
LSB
5811YH
(5)
88
je/jh
1/
8
H.F.
2282
4.
For
purposes
of
this
chapter,
financial
aid
from
a
1
postsecondary
educational
institution
in
which
a
college
2
athlete
is
enrolled
is
not
compensation
for
use
of
the
3
athlete’s
name,
image,
and
likeness
rights,
or
athletic
4
reputation.
Such
financial
aid
shall
not
be
revoked
or
reduced
5
as
a
result
of
an
athlete
earning
compensation
pursuant
to
this
6
chapter.
7
Sec.
3.
NEW
SECTION
.
261I.3
College
athletes
——
8
professional
representation.
9
1.
A
postsecondary
educational
institution,
athletic
10
association,
conference,
or
other
group
or
organization
with
11
authority
over
intercollegiate
athletics,
including
but
not
12
limited
to
the
national
collegiate
athletic
association,
shall
13
not
interfere
with
or
prevent
a
college
athlete
enrolled
at
a
14
postsecondary
educational
institution
from
fully
participating
15
in
intercollegiate
athletics
for
obtaining
professional
16
representation
in
relation
to
contracts
or
legal
matters,
17
including
but
not
limited
to
representation
provided
by
athlete
18
agents
and
financial
advisors,
or
legal
representation
provided
19
by
attorneys.
20
2.
An
athletic
association,
conference,
or
other
group
or
21
organization
with
authority
over
intercollegiate
athletics,
22
including
but
not
limited
to
the
national
collegiate
athletic
23
association,
shall
not
prevent
a
postsecondary
educational
24
institution
from
fully
participating
in
intercollegiate
25
athletics
as
a
result
of
a
college
athlete
enrolled
at
the
26
institution
obtaining
professional
representation
in
relation
27
to
contracts
or
legal
matters,
including
but
not
limited
to
28
representation
provided
by
athlete
agents,
financial
advisors,
29
or
legal
representation
provided
by
attorneys,
or
otherwise
30
penalize
the
institution.
31
3.
Professional
representation
provided
to
college
athletes
32
enrolled
at
a
postsecondary
educational
institution
by
athlete
33
agents,
financial
advisors,
or
attorneys
shall
only
be
provided
34
by
persons
licensed
in
the
state
of
Iowa.
35
-2-
LSB
5811YH
(5)
88
je/jh
2/
8
H.F.
2282
Sec.
4.
NEW
SECTION
.
261I.4
College
athletes
——
apparel,
1
equipment,
or
beverage
contracts.
2
1.
A
college
athlete
shall
not
enter
into
an
apparel,
3
equipment,
or
beverage
contract
providing
compensation
to
the
4
athlete
for
use
of
the
athlete’s
name,
image,
or
likeness
5
rights,
or
athletic
reputation
that
requires
the
athlete
to
6
display
a
sponsor’s
apparel,
equipment,
or
beverage,
or
that
7
otherwise
advertises
for
the
sponsor
during
official
team
8
activities
if
such
provisions
are
in
conflict
with
a
provision
9
of
the
athlete’s
team
contract.
10
2.
A
postsecondary
educational
institution
asserting
a
11
conflict
described
in
subsection
1
shall
disclose
to
the
12
college
athlete
and
the
athlete’s
legal
representative,
13
if
applicable,
the
full
contract
that
is
asserted
to
be
14
in
conflict.
The
college
athlete
and
the
athlete’s
legal
15
representative,
if
applicable,
shall
not
disclose
to
any
16
other
person
the
terms
of
an
institution’s
contract
that
17
the
institution
deems
to
be
a
trade
secret
or
otherwise
18
confidential.
19
Sec.
5.
NEW
SECTION
.
261I.5
Disclosure
of
contract
——
20
confidentiality.
21
A
college
athlete
who
enters
into
a
contract
providing
22
compensation
to
the
athlete
for
use
of
the
athlete’s
name,
23
image,
or
likeness
rights,
or
athletics
reputation,
shall
24
disclose
the
full
contract
to
an
official
of
the
postsecondary
25
educational
institution
at
which
the
athlete
is
enrolled
26
designated
by
the
institution
for
that
purpose.
The
27
institution
and
designated
official
shall
not
disclose
to
28
any
other
person
the
terms
of
such
contract
that
the
college
29
athlete
or
the
college
athlete’s
legal
representative
deems
to
30
be
a
trade
secret
or
otherwise
confidential.
31
Sec.
6.
NEW
SECTION
.
261I.6
Compensation
outside
of
32
official,
mandatory
team
activities.
33
The
terms
of
a
team
contract
of
a
postsecondary
educational
34
institution’s
athletic
program
shall
not
prevent
a
college
35
-3-
LSB
5811YH
(5)
88
je/jh
3/
8
H.F.
2282
athlete
from
receiving
compensation
for
using
the
athlete’s
1
name,
image,
or
likeness
rights,
or
athletic
reputation
for
a
2
commercial
purpose
when
the
athlete
is
not
engaged
in
official,
3
mandatory
team
activities
if
such
activities
are
recorded
in
4
writing
and
made
publicly
available.
Such
team
activities
5
shall
not
exceed
twenty
hours
per
week
during
the
athletic
6
season
and
eight
hours
per
week
during
the
off-season.
7
Sec.
7.
NEW
SECTION
.
261I.7
Trust
fund
for
compensation.
8
A
team
contract
of
a
postsecondary
educational
institution’s
9
athletic
program
may
require
a
college
athlete
to
deposit
10
some
or
all
funds
received
as
compensation
for
using
the
11
college
athlete’s
name,
image,
or
likeness
rights,
or
athletic
12
reputation,
into
a
trust
fund,
with
all
applicable
state
13
taxation
deferred,
until
the
athlete
is
no
longer
eligible
to
14
participate
in
the
institution’s
athletic
program.
15
Sec.
8.
NEW
SECTION
.
261I.8
Certification
by
treasurer.
16
1.
A
person
shall
not
administer
a
trust
fund
established
17
pursuant
to
section
261I.7
without
prior
certification
by
the
18
treasurer
of
state.
19
2.
The
treasurer
of
state
shall
establish
by
rule
pursuant
20
to
chapter
17A
certification
processes
for
the
persons
21
described
in
subsection
1.
The
treasurer
of
state
shall
only
22
certify
persons
who
have
significant
qualifications
for,
or
23
demonstrated
experience
providing,
representation
to
college
24
athletes
in
negotiations
or
financial
or
other
relationships
25
with
athletic
associations,
conferences,
or
other
groups
or
26
organizations
with
authority
over
intercollegiate
athletics.
27
Sec.
9.
NEW
SECTION
.
261I.9
Legal
requirements
——
28
applicability.
29
1.
This
chapter
applies
to
contracts
entered
into,
30
modified,
or
renewed
on
or
after
the
effective
date
of
this
31
Act.
32
2.
College
athletes,
postsecondary
educational
33
institutions,
athletic
associations,
conferences,
or
other
34
groups
or
organizations
with
authority
over
intercollegiate
35
-4-
LSB
5811YH
(5)
88
je/jh
4/
8
H.F.
2282
athletics,
and
state
or
local
prosecutors
seeking
to
1
prosecute
violators
of
this
chapter
shall
not
be
deprived
of
2
any
protections
provided
under
Iowa
law
with
respect
to
a
3
controversy
that
arises
in
Iowa
and
shall
have
the
right
to
4
adjudication
in
Iowa
of
a
legal
claim
that
arises
in
Iowa.
5
3.
A
legal
settlement
shall
not
permit
noncompliance
with
6
this
chapter.
Any
such
provision
is
void
and
unenforceable.
7
Sec.
10.
NEW
SECTION
.
261I.10
Severability.
8
The
provisions
of
this
chapter
are
severable
pursuant
to
9
section
4.12.
10
Sec.
11.
Section
422.7,
Code
2020,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
59.
a.
Subtract,
to
the
extent
included,
13
the
amount
of
any
income
deposited
in
a
trust
fund
under
14
section
261I.7.
15
b.
Add,
to
the
extent
previously
deducted
under
paragraph
16
“a”
,
the
amount
withdrawn
during
the
tax
year
from
a
trust
fund
17
under
section
261I.7.
18
Sec.
12.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
19
2022.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
compensation
of
athletes
enrolled
24
at
postsecondary
educational
institutions.
The
bill
25
defines
“postsecondary
educational
institution”
as
a
regents
26
institution
or
private
postsecondary
educational
institution
27
in
Iowa.
28
The
bill
prohibits
a
postsecondary
educational
institution
29
from
enforcing
any
rule,
requirement,
standard,
or
other
30
limitation
that
prevents
a
college
athlete
enrolled
at
the
31
institution
from
fully
participating
in
intercollegiate
32
athletics
and
earning
compensation
as
a
result
of
the
use
of
33
the
athlete’s
name,
image,
or
likeness
rights,
or
athletic
34
reputation
or
that
otherwise
penalizes
such
an
athlete.
35
-5-
LSB
5811YH
(5)
88
je/jh
5/
8
H.F.
2282
The
bill
provides
that
a
college
athlete’s
financial
aid
1
eligibility,
amount,
duration,
or
renewal,
or
any
other
benefit
2
for
which
the
athlete
is
otherwise
eligible,
shall
not
be
3
affected
by
the
athlete
earning
compensation
from
the
use
of
4
an
athlete’s
name,
image,
or
likeness
rights,
or
athletic
5
reputation.
6
The
bill
prohibits
an
athletic
association,
conference,
or
7
other
group
or
organization
with
authority
over
intercollegiate
8
athletics
from
preventing
a
college
athlete
enrolled
at
a
9
postsecondary
educational
institution
from
fully
participating
10
in
intercollegiate
athletics
and
earning
compensation
as
a
11
result
of
the
athlete’s
use
of
the
athlete’s
name,
image,
12
or
likeness
rights,
or
athletic
reputation,
or
otherwise
13
penalizing
such
an
athlete.
The
bill
prohibits
an
athletic
14
association,
conference,
or
other
group
or
organization
with
15
authority
over
intercollegiate
athletics
from
preventing
a
16
postsecondary
educational
institution
from
fully
participating
17
in
intercollegiate
athletics
as
a
result
of
a
college
18
athlete’s
use
of
the
athlete’s
name,
image,
or
likeness
19
rights,
or
athletic
reputation,
or
otherwise
penalizing
20
such
an
institution.
The
bill
specifies
that
financial
21
aid
from
a
postsecondary
educational
institution
in
which
a
22
college
athlete
is
enrolled
is
not
compensation
for
use
of
23
the
athlete’s
name,
image,
and
likeness
rights,
or
athletic
24
reputation
for
purposes
of
the
bill.
The
bill
provides
that
25
such
financial
aid
shall
not
be
revoked
or
reduced
as
a
result
26
of
an
athlete
earning
compensation
pursuant
to
the
bill.
27
The
bill
prohibits
a
postsecondary
educational
institution,
28
athletic
association,
conference,
or
other
group
or
29
organization
with
authority
over
intercollegiate
athletics
from
30
interfering
with
or
preventing
a
college
athlete
enrolled
at
31
the
institution
from
fully
participating
in
intercollegiate
32
athletics
for
obtaining
professional
representation
in
relation
33
to
contracts
or
legal
matters.
The
bill
prohibits
an
athletic
34
association,
conference,
or
other
group
or
organization
with
35
-6-
LSB
5811YH
(5)
88
je/jh
6/
8
H.F.
2282
authority
over
intercollegiate
athletics
from
preventing
a
1
postsecondary
educational
institution
from
fully
participating
2
in
intercollegiate
athletics
as
a
result
of
a
college
3
athlete
enrolled
at
the
institution
obtaining
professional
4
representation
in
relation
to
contracts
or
legal
matters
or
5
otherwise
penalizing
the
institution.
The
bill
provides
that
6
professional
representation
provided
to
college
athletes
7
enrolled
at
a
postsecondary
educational
institution
by
athlete
8
agents,
financial
advisors,
or
attorneys
shall
only
be
provided
9
by
persons
licensed
in
the
state
of
Iowa.
10
The
bill
prohibits
a
college
athlete
from
entering
into
an
11
apparel,
equipment,
or
beverage
contract
providing
compensation
12
to
the
athlete
for
use
of
the
athlete’s
name,
image,
or
13
likeness
rights,
or
athletic
reputation
that
requires
the
14
athlete
to
display
a
sponsor’s
apparel,
equipment,
or
beverage,
15
or
that
otherwise
advertises
for
the
sponsor
during
official
16
team
activities
if
such
provisions
are
in
conflict
with
a
17
provision
of
the
athlete’s
team
contract.
The
bill
requires
18
the
disclosure
of
the
full
contract
to
the
college
athlete
19
and
the
athlete’s
legal
representative
in
such
instances
and
20
provides
for
the
nondisclosure
of
the
terms
of
such
a
contract.
21
The
bill
requires
a
college
athlete
who
enters
into
a
22
contract
providing
compensation
to
the
athlete
for
use
of
23
the
athlete’s
name,
image,
or
likeness
rights,
or
athletics
24
reputation,
to
disclose
the
full
contract
to
a
designated
25
official
of
the
postsecondary
educational
institution
at
which
26
the
athlete
is
enrolled
and
provides
for
the
nondisclosure
of
27
the
terms
of
such
a
contract.
28
The
bill
provides
that
the
terms
of
a
team
contract
of
a
29
postsecondary
educational
institution’s
athletic
program
shall
30
not
prevent
a
college
athlete
from
receiving
compensation
31
for
using
the
athlete’s
name,
image,
or
likeness
rights,
or
32
athletic
reputation
for
a
commercial
purpose
when
the
athlete
33
is
not
engaged
in
official,
mandatory
team
activities
if
such
34
activities
are
recorded
in
writing
and
made
publicly
available.
35
-7-
LSB
5811YH
(5)
88
je/jh
7/
8
H.F.
2282
The
bill
limits
such
team
activities
to
20
hours
per
week
1
during
the
athletic
season
and
eight
hours
per
week
during
the
2
off-season.
3
The
bill
provides
that
a
team
contract
of
a
postsecondary
4
educational
institution’s
athletic
program
may
require
a
5
college
athlete
to
deposit
some
or
all
funds
received
as
6
compensation
for
using
the
college
athlete’s
name,
image,
or
7
likeness
rights,
or
athletic
reputation
into
a
trust
fund,
with
8
all
applicable
state
taxation
deferred,
until
the
athlete
is
no
9
longer
eligible
to
participate
in
the
institution’s
athletic
10
program.
11
The
bill
requires
certification
by
the
treasurer
of
state
12
before
a
person
may
administer
a
trust
established
pursuant
13
to
the
bill.
The
bill
requires
the
treasurer
of
state
14
to
establish
certification
processes
by
rule
and
to
only
15
certify
persons
who
have
significant
qualifications
for,
or
16
demonstrated
experience
providing,
representation
to
college
17
athletes
in
negotiations
or
financial
or
other
relationships
18
with
athletic
associations,
conferences,
or
other
groups
or
19
organizations
with
authority
over
intercollegiate
athletics.
20
The
bill
applies
to
contracts
entered
into,
modified,
or
21
renewed
on
or
after
the
effective
date
of
the
bill.
22
The
bill
provides
that
college
athletes;
postsecondary
23
educational
institutions;
athletic
associations,
conferences,
24
or
other
groups
or
organizations
with
authority
over
25
intercollegiate
athletics;
and
state
or
local
prosecutors
26
seeking
to
prosecute
violators
of
the
bill
shall
not
be
27
deprived
of
any
protections
provided
under
Iowa
law
with
28
respect
to
a
controversy
that
arises
in
Iowa
and
shall
have
the
29
right
to
adjudication
in
Iowa
of
a
legal
claim
that
arises
in
30
Iowa.
The
bill
provides
that
a
legal
settlement
that
permits
31
noncompliance
with
the
bill
is
void
and
unenforceable.
32
The
bill
includes
severability
provisions.
33
The
bill
takes
effect
January
1,
2022.
34
-8-
LSB
5811YH
(5)
88
je/jh
8/
8