Senate Bill S6761

2019-2020 Legislative Session

Authorizes student athletes to receive compensation for the use of the athlete's name, image, or likeness

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
Oct 02, 2019	referred to rules

2019-S6761 (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:: S4771

2019-S6761 (ACTIVE) - Summary

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.

2019-S6761 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6761

SPONSOR: GRIFFO
 
TITLE OF BILL:  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

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1, paragraph 1, subparts (a), (b) and (c) of the bill details
that college athletes are authorized to receive compensation for use of
their name, image, or likeness; colleges and universities are barred
from preventing student athletes from obtaining compensation.  Addi-
tionally, athletic conferences, athletic associations and the National
Collegiate Athletic Association (NCAA) are barred from preventing
student athletes from being compensated for the use of their name,
image, or likeness. Further, the NCAA cannot prevent a college or
university from participating in intercollegiate athletics due to the
compensation of a student athlete.

Section 1, paragraph 2 prevents a college or university, athletic asso-
ciation, conference, or other group or organization from providing a

prospective athlete with compensation in relation to their name, image,
or likeness.

Section 1, paragraph 3, subpart (a) prevents a college or university,
athletic association, conference, or other group from denying a student
athlete from obtaining professional representation.

Section 1, paragraph 3, subpart (b) and (c) state that professional
representatives of student athletes are to be registered and/or licensed
by the state of New York and that they are to comply with the federal
Sports Agent Responsibility and Trust Act.

Section 1, paragraph 4 states that scholarships are not compensation.

Section 1, paragraph 5, subparts (a) and (b) outline that a student
athlete is prohibited from entering into a contract providing them with
compensation that is in conflict with a provision of the athlete's team
contract. And that an athlete is to disclose to the college or universi-
ty any contract they have signed that will provide them with compen-
sation for the use of their name, image, and likeness.

Section 1, paragraph 5, subpart (c) allows for a college or university
to assert a conflict related to a contract entered into by a student
athlete in relation to a contract entered into by said college or
university.

Section 1, paragraph 6 states that a new team contract or a renewal or
modification of a team contract of a college's athletic program shall
not prevent a student athlete from using the athlete's name, image, or
likeness for a commercial purpose when the athlete is not engaged in
official team activities.

Section 2 marks the effect date.

 
JUSTIFICATION:


College sports is a multi-billion dollar industry in the United States,
which provides entertainment for millions of Americans every week and
millions of dollars in revenue to many programs operating on college
campuses. This bill allows for student athletes who participate at these
colleges or universities to capitalize on the use of their name, image,
or likeness. It is only fair that these student athletes should be
compensated appropriately considering the attention that they bring to
the colleges or universities they attend, as well as the national media
outlets that broadcast their games week in and week out.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6761 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6761
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              October 2, 2019
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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  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:
 
   Section 1. The education law is amended by adding a new section 6438-a
 to read as follows:
   §  6438-A.  STUDENT  ATHLETE  COMPENSATION. 1. (A) A COLLEGE SHALL NOT
 UPHOLD  ANY  RULE,  REQUIREMENT,  STANDARD,  OR  OTHER  LIMITATION  THAT
 PREVENTS  A STUDENT OF THAT INSTITUTION PARTICIPATING IN INTERCOLLEGIATE
 ATHLETICS FROM EARNING COMPENSATION AS  A  RESULT  OF  THE  USE  OF  THE
 STUDENT'S NAME, IMAGE, OR LIKENESS. EARNING COMPENSATION FROM THE USE OF
 A  STUDENT'S  NAME,  IMAGE,  OR  LIKENESS SHALL NOT AFFECT THE STUDENT'S
 SCHOLARSHIP ELIGIBILITY.
   (B) AN ATHLETIC ASSOCIATION, CONFERENCE, OR OTHER GROUP  OR  ORGANIZA-
 TION  WITH  AUTHORITY OVER INTERCOLLEGIATE ATHLETICS, INCLUDING, BUT NOT
 LIMITED TO, THE NATIONAL  COLLEGIATE  ATHLETIC  ASSOCIATION,  SHALL  NOT
 PREVENT  A STUDENT OF A COLLEGE PARTICIPATING IN INTERCOLLEGIATE ATHLET-
 ICS FROM EARNING COMPENSATION AS A RESULT OF THE USE  OF  THE  STUDENT'S
 NAME, IMAGE, OR LIKENESS.
   (C)  AN  ATHLETIC ASSOCIATION, CONFERENCE, OR OTHER GROUP OR ORGANIZA-
 TION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS, INCLUDING,  BUT  NOT
 LIMITED  TO,  THE  NATIONAL  COLLEGIATE  ATHLETIC ASSOCIATION, SHALL NOT
 PREVENT A COLLEGE FROM PARTICIPATING IN INTERCOLLEGIATE ATHLETICS  AS  A
 RESULT  OF  THE  COMPENSATION  OF  A  STUDENT ATHLETE FOR THE USE OF THE
 ATHLETE'S NAME, IMAGE, OR LIKENESS.
   2. A COLLEGE, ATHLETIC ASSOCIATION,  CONFERENCE,  OR  OTHER  GROUP  OR
 ORGANIZATION  WITH  AUTHORITY  OVER  INTERCOLLEGIATE ATHLETICS SHALL NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13872-01-9

 S. 6761                             2
 
 PROVIDE A PROSPECTIVE STUDENT ATHLETE WITH COMPENSATION IN  RELATION  TO
 THE ATHLETE'S NAME, IMAGE, OR LIKENESS.
   3.  (A) A COLLEGE, ATHLETIC ASSOCIATION, CONFERENCE, OR OTHER GROUP OR
 ORGANIZATION WITH AUTHORITY OVER  INTERCOLLEGIATE  ATHLETICS  SHALL  NOT
 PREVENT  A  STUDENT  PARTICIPATING  IN  INTERCOLLEGIATE  ATHLETICS  FROM
 OBTAINING PROFESSIONAL REPRESENTATION IN RELATION TO CONTRACTS OR  LEGAL
 MATTERS,  INCLUDING,  BUT  NOT  LIMITED  TO,  REPRESENTATION PROVIDED BY
 ATHLETE AGENTS OR LEGAL REPRESENTATION PROVIDED BY ATTORNEYS.
   (B) PROFESSIONAL REPRESENTATION OBTAINED BY STUDENT ATHLETES SHALL  BE
 FROM  PERSONS  REGISTERED  AND/OR  LICENSED  BY  THE STATE. PROFESSIONAL
 REPRESENTATION PROVIDED BY ATHLETE AGENTS SHALL BE BY PERSONS REGISTERED
 PURSUANT TO ARTICLE THIRTY-NINE-E OF THE  GENERAL  BUSINESS  LAW.  LEGAL
 REPRESENTATION OF STUDENT ATHLETES SHALL BE BY ATTORNEYS LICENSED PURSU-
 ANT TO ARTICLE FIFTEEN OF THE JUDICIARY LAW.
   (C) ATHLETE AGENTS REPRESENTING STUDENT ATHLETES SHALL COMPLY WITH THE
 FEDERAL  SPORTS AGENT RESPONSIBILITY AND TRUST ACT, ESTABLISHED IN CHAP-
 TER 104 OF TITLE 15 OF THE UNITED STATES CODE,  IN  THEIR  RELATIONSHIPS
 WITH STUDENT ATHLETES.
   4.  A  SCHOLARSHIP  FROM  THE  COLLEGE  IN  WHICH A STUDENT ATHLETE IS
 ENROLLED THAT PROVIDES THE STUDENT WITH THE COST OF ATTENDANCE  AT  THAT
 INSTITUTION  IS  NOT  COMPENSATION  FOR  PURPOSES OF THIS SECTION, AND A
 SCHOLARSHIP SHALL NOT BE REVOKED AS A RESULT OF EARNING COMPENSATION  OR
 OBTAINING LEGAL REPRESENTATION PURSUANT TO THIS SECTION.
   5.  (A)  A  STUDENT  ATHLETE SHALL NOT ENTER INTO A CONTRACT PROVIDING
 COMPENSATION TO THE 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 ATHLETE'S TEAM CONTRACT.
   (B) A STUDENT ATHLETE WHO ENTERS INTO  A  CONTRACT  PROVIDING  COMPEN-
 SATION  TO THE ATHLETE FOR USE OF THE ATHLETE'S NAME, IMAGE, OR LIKENESS
 SHALL DISCLOSE THE CONTRACT TO AN OFFICIAL OF THE COLLEGE, TO BE  DESIG-
 NATED BY THE COLLEGE.
   (C)  A COLLEGE ASSERTING A CONFLICT DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION SHALL DISCLOSE TO THE STUDENT ATHLETE OR THE ATHLETE'S LEGAL
 REPRESENTATION THE RELEVANT CONTRACTUAL PROVISIONS THAT ARE IN CONFLICT.
   6. AFTER THE EFFECTIVE DATE OF THIS SECTION, A NEW TEAM CONTRACT OR  A
 RENEWAL  OR  MODIFICATION  OF  A  TEAM  CONTRACT OF A COLLEGE'S ATHLETIC
 PROGRAM SHALL NOT PREVENT A STUDENT ATHLETE  FROM  USING  THE  ATHLETE'S
 NAME,  IMAGE,  OR  LIKENESS FOR A COMMERCIAL PURPOSE WHEN THE ATHLETE IS
 NOT ENGAGED IN OFFICIAL TEAM ACTIVITIES.
   § 2. This act shall take effect immediately.

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Senate Bill S6761

Sponsored By

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

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2019-S6761 (ACTIVE) - Details

2019-S6761 (ACTIVE) - Summary

2019-S6761 (ACTIVE) - Sponsor Memo

2019-S6761 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Joseph A. Griffo

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

Actions

2019-S6761 (ACTIVE) - Details

2019-S6761 (ACTIVE) - Summary

2019-S6761 (ACTIVE) - Sponsor Memo

2019-S6761 (ACTIVE) - Bill Text download pdf

Comments