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) 2021-04-29 - 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.
                                                                   LBD04393-01-1

        A. 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.
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