HB 1505 - AS AMENDED BY THE HOUSE
13Feb2020... 0089h
2020 SESSION
20-2694
05/04
HOUSE BILL 1505
AN ACT relative to compensation of college athletes.
SPONSORS: Rep. Muscatel, Graf. 12; Rep. Griffith, Hills. 18; Rep. W. Pearson, Ches. 16; Rep. Kenney, Straf. 6; Rep. Indruk, Hills. 34; Rep. Luneau, Merr. 10
COMMITTEE: Education
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ANALYSIS
This bill permits college athletes to receive compensation for use of the athlete's name, image, or likeness rights, or athletic reputation.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13Feb2020... 0089h
20-2694
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to compensation of college athletes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose.
I. The general court seeks to help ensure college athletes have equal rights and economic freedoms afforded to all students and residents in the state of New Hampshire.
II. The general court recognizes the disproportionate negative impact that economic and legal restrictions have on African American and female college athletes.
III. College sports is a $14 billion dollar industry with millionaire coaches and lucrative apparel deals that require college athletes to advertise for commercial interests.
IV. Rules prohibiting college athlete compensation for use of name, image, and likeness rights, or athletics reputation do not bring forth competitive equity and cannot justify denying college athletes equal rights and economic freedom.
2 New Chapter; Compensation of College Athletes. Amend RSA by inserting after chapter 356-C the following new chapter:
CHAPTER 356-D
COMPENSATION OF COLLEGE ATHLETES
356-D:1 Definition. In this chapter, “postsecondary educational institution” means any campus of the university system of New Hampshire, the community college system of New Hampshire, an independent institution of higher education, or a private postsecondary educational institution.
356-D:2 Compensation of Athletes.
I.(a) A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution from fully participating in intercollegiate athletics and earning compensation as a result of the use of the student’s name, image, or likeness rights, or athletic reputation. Earning compensation from the use of a student’s name, image, or likeness rights, or athletic reputation shall not affect a student’s scholarship eligibility or renewal.
(b) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution from fully participating in intercollegiate athletics without penalty and earning compensation as a result of the student’s use of his or her name, image, or likeness rights, or athletic reputation.
(c) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from fully participating in intercollegiate athletics without penalty as a result of a student’s use of his or her name, image, or likeness rights, or athletic reputation.
(d) For purposes of this section, an athletics grant-in aid and/or a stipend scholarship from a postsecondary educational institution in which a student is enrolled is not compensation for use of a student’s name, image, and likeness rights, or athletic reputation; and an athletics grant-in-aid or stipend shall not be revoked or reduced as a result of a student earning compensation pursuant to this section.
II.(a) A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not interfere with or prevent a student from fully participating in intercollegiate athletics for obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents, financial advisors, or legal representation provided by attorneys.
(b) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from fully participating in intercollegiate athletics without penalty as a result of a college athlete obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents, financial advisors, or legal representation provided by attorneys.
(c) Professional representation provided by athlete agents, financial advisors, and/or attorneys shall be by persons licensed or registered by the state.
III.(a) A college athlete shall not enter into an apparel contract providing compensation to the athlete for use of the athlete’s name, image, or likeness rights which requires a student to display a sponsor’s apparel or otherwise advertises for the sponsor during official team activities if such provisions are in conflict with a provision of the athlete’s team contract.
(b) A college athlete who enters into a contract providing compensation to the athlete for use of the athlete’s name, image, or likeness rights, or athletics reputation shall disclose the contract to an official of the institution, to be designated by the institution.
(c) An institution asserting a conflict described in subparagraph (a) shall disclose to the athlete and the athlete’s legal representation, if applicable, the full contract they assert to be in conflict.
IV. A team contract of a postsecondary educational institution’s athletic program shall not prevent a college athlete from receiving compensation for using the athlete’s name, image, or likeness rights for a commercial purpose when the athlete is not engaged in official team activities.
356-D:3 Applicability. This chapter shall apply to contracts entered into, modified, or renewed on or after July 1, 2020.
356-D:4 Severability. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
356-D:5 Enforcement.
I. Students, institutions of higher education, conferences, and state or local prosecutors seeking to prosecute violators shall not be deprived of any protections provided under New Hampshire law with respect to a controversy that arises in New Hampshire. The superior court shall have jurisdiction over any claim arising under this chapter.
II. Legal settlements shall not permit noncompliance with this chapter.