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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7107

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 11, 2023
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Education

        AN ACT to to amend the education law, in relation to permissible  activ-
          ities  for  athletic  associations,  conferences,  or  other groups or
          organizations 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 1 of this act, is  amended to read as follows:
     6    (a) "student-athlete" shall mean [a student enrolled at a college  and
     7  participating  in intercollegiate athletics] an individual who is eligi-
     8  ble to attend an educational institution and engages in, is eligible  to
     9  engage in, or may be eligible in the future to engage in, any interscho-
    10  lastic or intercollegiate sport. The term does not include an individual
    11  permanently ineligible to participate in a particular interscholastic or
    12  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 1 of this act, is  amended and a new paragraph (d)
    16  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
    19  limited to, the [National Collegiate Athletic Association (NCAA)]  NCAA,
    20  shall  not  prevent  a  college  from  [participating in intercollegiate
    21  athletics as a result of allowing a  student-athlete  pursuant  to  this
    22  section from earning compensation as a result of the use of the student-
    23  athlete's name, image, or likeness] identifying, facilitating, enabling,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11248-01-3
        A. 7107                             2

     1  or  supporting  opportunities for a student-athlete to earn compensation
     2  for the student-athlete's name, image, or likeness activities.
     3    (d)  An  athletic association, conference, or other group or organiza-
     4  tion with authority over intercollegiate athletics, including,  but  not
     5  limited to the NCAA, and shall not authorize its member institutions to:
     6    (i)  prevent a college from participation in intercollegiate athletics
     7  because a student-athlete in attendance has previously earned or intends
     8  to earn compensation for the use of his or her name, image, or  likeness
     9  activities;
    10    (ii)  entertain  a complaint, open an investigation, or take any other
    11  adverse action against a college for engaging in any activity  protected
    12  in  this  section or for involvement in a student-athlete's name, image,
    13  or likeness activities; or
    14    (iii) penalize or prevent a college from participation in  intercolle-
    15  giate  athletics  because an individual or entity whose purpose includes
    16  supporting or benefitting  the  college  or  its  athletic  programs  or
    17  student-athletes violates the collegiate athletic association's rules or
    18  regulations  with regard to a student-athlete's name, image, or likeness
    19  activities.
    20    § 4. This act shall take effect immediately.