Bill Text: NY A07107 | 2023-2024 | General Assembly | Amended

---

Bill Title: Relates to permissible activities for athletic associations, conferences, or other groups or organizations with authority over intercollegiate athletics and to the definition of student-athlete; makes a technical change.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2023-06-30 - signed chap.154 [A07107 Detail]

Download: New_York-2023-A07107-Amended.html

---

                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.