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Senate Bill S6729

2019-2020 Legislative Session

Relates to allowing student athletes to monetize their names and likeness

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Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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2019-S6729 (ACTIVE) - Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add §6438-a, Ed L
Versions Introduced in 2021-2022 Legislative Session:
S3513

2019-S6729 (ACTIVE) - Summary

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

2019-S6729 (ACTIVE) - Sponsor Memo

2019-S6729 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6729
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 18, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1. The education law is amended by adding a new section 6438-a
 to read as follows:
   § 6438-A. STUDENT ATHLETE MONETIZATION. 1. (A) A STUDENT ATHLETE SHALL
 NOT ENTER INTO A CONTRACT PROVIDING COMPENSATION TO THE STUDENT  ATHLETE
 FOR  USE OF THE ATHLETE'S NAME, IMAGE, OR LIKENESS IF A PROVISION OF THE
 CONTRACT IS IN CONFLICT WITH A PROVISION OF THE STUDENT  ATHLETE'S  TEAM
 CONTRACT.
   (B)  A  STUDENT  ATHLETE  WHO ENTERS INTO A CONTRACT PROVIDING COMPEN-
 SATION TO SUCH STUDENT ATHLETE FOR USE OF SUCH ATHLETE'S NAME, IMAGE, OR
 LIKENESS SHALL DISCLOSE THE CONTRACT TO AN OFFICIAL OF THE  COLLEGE,  TO
 BE DESIGNATED BY THE COLLEGE.
   (C)  A COLLEGE ASSERTING A CONFLICT DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION SHALL  DISCLOSE  TO  THE  STUDENT  ATHLETE  OR  THE  STUDENT
 ATHLETE'S  LEGAL REPRESENTATION THE RELEVANT CONTRACTUAL PROVISIONS THAT
 ARE IN CONFLICT.
   2. A CONTRACT BETWEEN A  STUDENT  ATHLETE  AND  A  COLLEGE  WHICH  THE
 STUDENT  ATHLETE  ATTENDS SHALL NOT PREVENT A STUDENT ATHLETE FROM USING
 THE STUDENT ATHLETE'S NAME, IMAGE, OR LIKENESS FOR A COMMERCIAL  PURPOSE
 WHEN THE STUDENT ATHLETE IS NOT ENGAGED IN OFFICIAL ATHLETIC ACTIVITIES.
   3.  FOR THE PURPOSES OF THIS SECTION, THE TERM "STUDENT ATHLETE" SHALL
 MEAN ANY STUDENT ENROLLED AT A COLLEGE WHERE SUCH  STUDENT  PARTICIPATES
 IN ORGANIZED SPORTS FOR THE COLLEGE.
   §  2.  This  act shall take effect immediately provided, however, that
 this act shall apply only to contracts entered into  on  or  after  such
 effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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