Bill Text: NY A07222 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes student athletes to receive compensation for the use of the athlete's name, image, or likeness and allows student athletes to seek professional representation.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A07222 Detail]
Download: New_York-2021-A07222-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7222 2021-2022 Regular Sessions IN ASSEMBLY 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. LBD04393-01-1A. 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.