Bill Text: NY S03513 | 2021-2022 | General Assembly | Introduced


Bill Title: Allows student athletes to monetize their name, image and likeness and prevents colleges from disallowing such monetization.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HIGHER EDUCATION [S03513 Detail]

Download: New_York-2021-S03513-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3513

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 29, 2021
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN ACT to amend the education  law,  in  relation  to  allowing  student
          athletes to monetize their names and 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 monetization. 1. (a) A student athlete shall
     4  not enter into a contract providing compensation to the student  athlete
     5  for  use of the athlete's name, image, or likeness if a provision of the
     6  contract is in conflict with a provision of the student  athlete's  team
     7  contract.
     8    (b)  A  student  athlete  who enters into a contract providing compen-
     9  sation to such student athlete for use of such athlete's name, image, or
    10  likeness shall disclose the contract to an official of the  college,  to
    11  be designated by the college.
    12    (c)  A college asserting a conflict described in paragraph (a) of this
    13  subdivision shall  disclose  to  the  student  athlete  or  the  student
    14  athlete's  legal representation the relevant contractual provisions that
    15  are in conflict.
    16    2. A contract between a  student  athlete  and  a  college  which  the
    17  student  athlete  attends shall not prevent a student athlete from using
    18  the student athlete's name, image, or likeness for a commercial  purpose
    19  when the student athlete is not engaged in official athletic activities.
    20    3.  For the purposes of this section, the term "student athlete" shall
    21  mean any student enrolled at a college where such  student  participates
    22  in organized sports for the college.
    23    §  2.  This  act shall take effect immediately provided, however, that
    24  this act shall apply only to contracts entered into  on  or  after  such
    25  effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07565-01-1
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