NY State Senate Bill 2019-S6722B

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
Oct 16, 2019	print number 6722b
Oct 16, 2019	amend and recommit to rules
Sep 18, 2019	print number 6722a
Sep 18, 2019	amend (t) and recommit to rules
Sep 16, 2019	referred to rules

Bill Amendments

Original

B (Active)

2019-S6722 - Details

See Assembly Version of this Bill:: A8620
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §§6438-a & 6438-b, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S5891, A5115

2019-S6722 - Summary

Relates to enacting the "New York collegiate athletic participation compensation act"; allows student-athletes to receive compensation including for the use of a student's name, image or likeness; allows student athletes to seek professional representation; requires colleges to establish a sports injury health savings account to provide compensation to athletes for career ending or long-term injuries

2019-S6722 - Sponsor Memo

2019-S6722 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6722
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 16, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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-ath-
   letes  to  earn  compensation as a result of the use of that student's
   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, EXCEPT A
 COMMUNITY COLLEGE, SHALL NOT UPHOLD ANY RULE, REQUIREMENT, STANDARD,  OR
 OTHER LIMITATION THAT PREVENTS A STUDENT OF THAT INSTITUTION PARTICIPAT-
 ING  IN  INTERCOLLEGIATE ATHLETICS FROM EARNING COMPENSATION AS A RESULT
 OF THE USE OF THE STUDENT'S NAME, IMAGE, OR  LIKENESS.  EARNING  COMPEN-
 SATION  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
 STUDENT'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.
                                                            LBD12040-01-9

 S. 6722                             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-ATHLETE  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 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 ATHLETE OR THE ATHLETE'S LEGAL REPRE-
 SENTATION 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.
   7. (A) THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT BY  THE  CHAN-
 CELLOR  OF  THE  STATE  UNIVERSITY  OF  NEW  YORK, THE COMMUNITY COLLEGE
 ATHLETE NAME, IMAGE AND LIKENESS WORKING GROUP, TO  EXAMINE  AND  REVIEW
 EXISTING STATE UNIVERSITY OF NEW YORK ATHLETIC BYLAWS, STATE AND FEDERAL
 LAWS  AND  NATIONAL  ATHLETIC  ASSOCIATION  BYLAWS  REGARDING  A COLLEGE
 ATHLETE'S USE OF SUCH ATHLETE'S NAME, IMAGE  AND  LIKENESS  FOR  COMPEN-
 SATION.  THE  DEPARTMENT SHALL PROVIDE NECESSARY SECRETARIAT AND SUPPORT
 SERVICES TO THE WORKING GROUP.
   (B) (1) THE COMMUNITY COLLEGE ATHLETE NAME, IMAGE AND LIKENESS WORKING
 GROUP SHALL CONSIST OF, BUT NOT BE LIMITED TO, THE FOLLOWING MEMBERS:
   (I) ONE REPRESENTATIVE FROM THE OFFICE OF THE CHANCELLOR OF THE  STATE
 UNIVERSITY OF NEW YORK;
   (II)  AT LEAST TWO COMMUNITY COLLEGE STUDENT-ATHLETES APPOINTED BY THE
 CHANCELLOR'S OFFICE;
   (III) A COMMUNITY COLLEGE  ATHLETIC  ADMINISTRATOR  APPOINTED  BY  THE
 CHANCELLOR'S  OFFICE;

 S. 6722                             3
 
   (IV)  A COMMUNITY COLLEGE ATHLETIC COACH APPOINTED BY THE CHANCELLOR'S
 OFFICE;
   (V) ONE MEMBER APPOINTED BY THE GOVERNOR;
   (VI)  ONE  MEMBER  APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
 AND
   (VII) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   (2) ALL APPOINTMENTS TO THE WORKING GROUP SHALL  BE  COMPLETED  ON  OR
 BEFORE JULY FIRST, TWO THOUSAND TWENTY.
   (C)  ON  OR  BEFORE  JULY  FIRST, TWO THOUSAND TWENTY-ONE, THE WORKING
 GROUP SHALL PROVIDE A REPORT TO THE GOVERNOR, THE SPEAKER OF THE  ASSEM-
 BLY,  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND THE CHANCELLOR OF THE
 STATE UNIVERSITY OF NEW YORK, WHICH CONTAINS SUCH WORKING GROUP'S  FIND-
 INGS  AND  POLICY RECOMMENDATIONS IN CONNECTION WITH ITS REVIEW PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately; provided,  however,  that
 subdivisions 1, 2, 3, 4, 5 and 6 of section 6438-a of the education law,
 as added by section one of this act, shall take effect January 1, 2023.

2019-S6722A - Details

See Assembly Version of this Bill:: A8620
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §§6438-a & 6438-b, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S5891, A5115

2019-S6722A - Summary

2019-S6722A - Sponsor Memo

                                
 
BILL NUMBER: S6722A

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the education law, in relation to
enacting the "New York collegiate athletic participation compensation
act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent New York schools from taking away the scholarships or eligi-
bility of any athlete making money from endorsements. It also allows
players to use an attorney or agent for business deals without punish-
ment

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Short Title : This act shall be known and may be cited as the
"New York Collegiate Athletic Participation Compensation Act "

Section 2 : The education law is amended by adding two new sections
6438-a and 6438-b

Section 3 : Effective date

 
JUSTIFICATION:

Many inner city youth have dreams of playing in a professional sports
league, being paid high salaries and finally moving their families into
a house and out of poverty and public housing.

One might feel like they are well on their way to achieving such a dream
after being offered a scholarship to play for a college team. The prob-
lem is you will not see any financial gains from your blood , sweat and
tears (and possible career ending broken bones)-- until after you gradu-
ate due to current NCAA rules . Colleges have been profiting off the
talents of their students for decades . In addition, through those years
many college athletes have been pushed to their limits and beyond to
bring large ticket sales, and merchandise revenue to Colleges and
universities who offer them little more than a free education, room,
board and books.

The Syracuse athletic department set a record for revenue in 2016-17
making more than $90 million. And with the way the current laws are set
up, student athletes tend to make early exits from colleges to the NFL,
NBA, or other professional sports league in hopes of making a large
profit to provide for their families. Often times having to return to
get a degree later in their career or after.

This legislation is not saying that college student athletes should be
millionaires but allows them to profit alongside their colleges and
universities off their names and images, provides for them if they
should become injured, and offers them a percentage of the profits made
from fans and family paying to cheer them on.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:
To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however that subdivi-
sion 1,2,3,4,5 and 6 of section 6438-a of the education law, as added by
section one of this act, shall take effect January 1, 2023

2019-S6722A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6722--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 16, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the education law, in relation to enacting the "New York
   collegiate athletic participation compensation act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Short title. This act shall be known and may be  cited  as
 the "New York collegiate athletic participation compensation act".
   §  2.  The  education law is amended by adding two new sections 6438-a
 and 6438-b 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 PURSUANT TO THIS SECTION INCLUDING
 AS A RESULT OF THE USE OF THE STUDENT'S NAME, IMAGE, OR LIKENESS.  EARN-
 ING  COMPENSATION  PURSUANT  TO THIS SECTION INCLUDING FROM THE USE OF A
 STUDENT'S NAME, IMAGE, OR LIKENESS SHALL NOT AFFECT THE STUDENT'S SCHOL-
 ARSHIP 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 PURSUANT TO THIS SECTION  INCLUDING  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12040-02-9

 S. 6722--A                          2
 
 RESULT OF THE COMPENSATION OF A STUDENT-ATHLETE PURSUANT TO THIS SECTION
 INCLUDING FOR THE USE OF THE STUDENT'S NAME, IMAGE, OR LIKENESS.
   (D)  A COMMUNITY COLLEGE SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS
 SECTION.
   2. A COLLEGE, ATHLETIC ASSOCIATION,  CONFERENCE,  OR  OTHER  GROUP  OR
 ORGANIZATION  WITH  AUTHORITY  OVER  INTERCOLLEGIATE ATHLETICS SHALL NOT
 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-ATHLETE  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 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 ATHLETE OR THE ATHLETE'S LEGAL REPRE-
 SENTATION 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.
   7. EACH COLLEGE SHALL ESTABLISH AN INJURED ATHLETE FUND TO  PROVIDE  A
 STUDENT-ATHLETE WHO SUFFERS A CAREER ENDING OR LONG-TERM INJURY DURING A
 GAME  OR  PRACTICE  WITH  COMPENSATION  UPON  HIS OR HER GRADUATION. THE
 AMOUNT OF SUCH COMPENSATION SHALL BE DETERMINED BY THE DEPARTMENT.  SUCH
 QUALIFYING INJURY SHALL BE VERIFIED BY A HEALTH CARE PROVIDER.
   8.  AT  THE  CONCLUSION  OF  EACH SCHOOL YEAR, EACH COLLEGE SHALL TAKE
 FIFTEEN PERCENT OF THE REVENUE EARNED FROM TICKET SALES TO ALL  ATHLETIC
 EVENTS AND DIVIDE AND PAY SUCH AMOUNT TO ALL STUDENT-ATHLETES.
   §  6438-B.  COMMUNITY COLLEGE ATHLETE NAME, IMAGE AND LIKENESS WORKING
 GROUP. 1.  THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT BY THE CHAN-
 CELLOR OF THE STATE  UNIVERSITY  OF  NEW  YORK,  THE  COMMUNITY  COLLEGE

 S. 6722--A                          3
 
 ATHLETE  NAME,  IMAGE  AND LIKENESS WORKING GROUP, TO EXAMINE AND REVIEW
 EXISTING STATE UNIVERSITY OF NEW YORK ATHLETIC BYLAWS, STATE AND FEDERAL
 LAWS AND  NATIONAL  ATHLETIC  ASSOCIATION  BYLAWS  REGARDING  A  COLLEGE
 ATHLETE'S  USE  OF  SUCH  ATHLETE'S NAME, IMAGE AND LIKENESS FOR COMPEN-
 SATION. THE DEPARTMENT SHALL PROVIDE NECESSARY SECRETARIAT  AND  SUPPORT
 SERVICES TO THE WORKING GROUP.
   2.  (A) THE COMMUNITY COLLEGE ATHLETE NAME, IMAGE AND LIKENESS WORKING
 GROUP SHALL CONSIST OF, BUT NOT BE LIMITED TO, THE FOLLOWING MEMBERS:
   (I) ONE REPRESENTATIVE FROM THE OFFICE OF THE CHANCELLOR OF THE  STATE
 UNIVERSITY OF NEW YORK;
   (II)  AT LEAST TWO COMMUNITY COLLEGE STUDENT-ATHLETES APPOINTED BY THE
 CHANCELLOR'S OFFICE;
   (III) A COMMUNITY COLLEGE  ATHLETIC  ADMINISTRATOR  APPOINTED  BY  THE
 CHANCELLOR'S  OFFICE;
   (IV)  A COMMUNITY COLLEGE ATHLETIC COACH APPOINTED BY THE CHANCELLOR'S
 OFFICE;
   (V) ONE MEMBER APPOINTED BY THE GOVERNOR;
   (VI) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE  SENATE;
 AND
   (VII) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   (B)  ALL  APPOINTMENTS  TO  THE WORKING GROUP SHALL BE COMPLETED ON OR
 BEFORE JULY FIRST, TWO THOUSAND TWENTY.
   3. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-ONE, THE WORKING GROUP
 SHALL PROVIDE A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE
 TEMPORARY PRESIDENT OF THE  SENATE  AND  THE  CHANCELLOR  OF  THE  STATE
 UNIVERSITY OF NEW YORK, WHICH CONTAINS SUCH WORKING GROUP'S FINDINGS AND
 POLICY  RECOMMENDATIONS IN CONNECTION WITH ITS REVIEW PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately; provided,  however,  that
 section  6438-a  of  the  education law, as added by section one of this
 act, shall take effect January 1, 2023.

co-Sponsors

2019-S6722B (ACTIVE) - Details

See Assembly Version of this Bill:: A8620
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §§6438-a & 6438-b, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S5891, A5115

2019-S6722B (ACTIVE) - Summary

2019-S6722B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6722B

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the education law, in relation to
enacting the "New York collegiate athletic participation compensation
act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent New York schools from taking away the scholarships or eligi-
bility of any athlete making money from endorsements. It also allows
players to use an attorney or agent for business deals without punish-
ment

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Short Title : This act shall be known and may be cited as the
"New York Collegiate Athletic Participation Compensation Act "

Section 2 : The education law is amended by adding two new sections
6438-a and 6438-b

Section 3 : Effective date

 
JUSTIFICATION:

Many inner city youth have dreams of playing in a professional sports
league, being paid high salaries and finally moving their families into
a house and out of poverty and public housing.

One might feel like they are well on their way to achieving such a dream
after being offered a scholarship to play for a college team. The prob-
lem is you will not see any financial gains from your blood , sweat and
tears (and possible career ending broken bones)-- until after you gradu-
ate due to current NCAA rules . Colleges have been profiting off the
talents of their students for decades . In addition, through those years
many college athletes have been pushed to their limits and beyond to
bring large ticket sales, and merchandise revenue to Colleges and
universities who offer them little more than a free education, room,
board and books.

The Syracuse athletic department set a record for revenue in 2016-17
making more than $90 million. And with the way the current laws are set
up, student athletes tend to make early exits from colleges to the NFL,
NBA, or other professional sports league in hopes of making a large
profit to provide for their families. Often times having to return to
get a degree later in their career or after.

This legislation is not saying that college student athletes should be
millionaires but allows them to profit alongside their colleges and
universities off their names and images, provides for them if they
should become injured, and offers them a percentage of the profits made
from fans and family paying to cheer them on.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:
To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however that subdivi-
sion 1,2,3,4,5 and 6 of section 6438-a of the education law, as added by
section one of this act, shall take effect January 1, 2023

2019-S6722B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6722--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 16, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to enacting the "New York
   collegiate athletic participation compensation act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York collegiate athletic participation compensation act".
   § 2. The education law is amended by adding two  new  sections  6438-a
 and 6438-b 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 PURSUANT TO THIS  SECTION  INCLUDING
 AS  A RESULT OF THE USE OF THE STUDENT'S NAME, IMAGE, OR LIKENESS. EARN-
 ING COMPENSATION PURSUANT TO THIS SECTION INCLUDING FROM THE  USE  OF  A
 STUDENT'S NAME, IMAGE, OR LIKENESS SHALL NOT AFFECT THE STUDENT'S SCHOL-
 ARSHIP 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 PURSUANT TO THIS SECTION INCLUDING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD12040-07-9

 S. 6722--B                          2
 
 RESULT OF THE COMPENSATION OF A STUDENT-ATHLETE PURSUANT TO THIS SECTION
 INCLUDING FOR THE USE OF THE STUDENT'S NAME, IMAGE, OR LIKENESS.
   (D)  A COMMUNITY COLLEGE SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS
 SECTION.
   2. A COLLEGE, ATHLETIC ASSOCIATION,  CONFERENCE,  OR  OTHER  GROUP  OR
 ORGANIZATION  WITH  AUTHORITY  OVER  INTERCOLLEGIATE ATHLETICS SHALL NOT
 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-ATHLETE  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 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, OBTAINING LEGAL
 REPRESENTATION OR RECEIVING FUNDS THROUGH A COLLEGE'S WAGE FUND 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 ATHLETE OR THE ATHLETE'S LEGAL REPRE-
 SENTATION 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.
   7. (A) EACH COLLEGE SHALL ESTABLISH A  SPORTS  INJURY  HEALTH  SAVINGS
 ACCOUNT  AND  A  WAGE  FUND  PURSUANT  TO THIS SUBDIVISION. SUCH SAVINGS
 ACCOUNT AND WAGE FUND SHALL BE FUNDED WITH FIFTEEN PERCENT OF THE REVEN-
 UE EARNED FROM SUCH COLLEGE'S ATHLETICS PROGRAM. HALF  OF  SUCH  REVENUE
 SHALL  BE  DEPOSITED  INTO SUCH SPORTS INJURY HEALTH SAVINGS ACCOUNT AND
 HALF SHALL BE DEPOSITED INTO SUCH WAGE FUND.
   (B) EACH COLLEGE'S SPORTS  INJURY  HEALTH  SAVINGS  ACCOUNT  SHALL  BE
 ESTABLISHED  TO PROVIDE A STUDENT-ATHLETE WHO SUFFERS A CAREER ENDING OR
 SERIOUS INJURY DURING A GAME OR PRACTICE WITH COMPENSATION UPON  HIS  OR
 HER  GRADUATION. THE AMOUNT OF SUCH COMPENSATION AND QUALIFYING INJURIES

 S. 6722--B                          3
 
 SHALL BE DETERMINED BY THE DEPARTMENT.  A  QUALIFYING  INJURY  SHALL  BE
 VERIFIED BY AN INDEPENDENT HEALTH CARE PROVIDER NOT AFFILIATED WITH SUCH
 STUDENT-ATHLETE'S COLLEGE.
   (C)  AT  THE  CONCLUSION OF EACH SCHOOL YEAR, EACH COLLEGE'S WAGE FUND
 SHALL BE DIVIDED EVENLY AND PAID TO ALL STUDENT-ATHLETES ATTENDING  SUCH
 COLLEGE.
   §  6438-B.  COMMUNITY COLLEGE ATHLETE NAME, IMAGE AND LIKENESS WORKING
 GROUP. 1.  THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT BY THE CHAN-
 CELLOR OF THE STATE  UNIVERSITY  OF  NEW  YORK,  THE  COMMUNITY  COLLEGE
 ATHLETE  NAME,  IMAGE  AND LIKENESS WORKING GROUP, TO EXAMINE AND REVIEW
 EXISTING STATE UNIVERSITY OF NEW YORK ATHLETIC BYLAWS, STATE AND FEDERAL
 LAWS AND  NATIONAL  ATHLETIC  ASSOCIATION  BYLAWS  REGARDING  A  COLLEGE
 ATHLETE'S  USE  OF  SUCH  ATHLETE'S NAME, IMAGE AND LIKENESS FOR COMPEN-
 SATION. THE DEPARTMENT SHALL PROVIDE NECESSARY SECRETARIAT  AND  SUPPORT
 SERVICES TO THE WORKING GROUP.
   2.  (A) THE COMMUNITY COLLEGE ATHLETE NAME, IMAGE AND LIKENESS WORKING
 GROUP SHALL CONSIST OF, BUT NOT BE LIMITED TO, THE FOLLOWING MEMBERS:
   (I) ONE REPRESENTATIVE FROM THE OFFICE OF THE CHANCELLOR OF THE  STATE
 UNIVERSITY OF NEW YORK;
   (II)  AT LEAST TWO COMMUNITY COLLEGE STUDENT-ATHLETES APPOINTED BY THE
 CHANCELLOR'S OFFICE;
   (III) A COMMUNITY COLLEGE  ATHLETIC  ADMINISTRATOR  APPOINTED  BY  THE
 CHANCELLOR'S  OFFICE;
   (IV)  A COMMUNITY COLLEGE ATHLETIC COACH APPOINTED BY THE CHANCELLOR'S
 OFFICE;
   (V) ONE MEMBER APPOINTED BY THE GOVERNOR;
   (VI) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE  SENATE;
 AND
   (VII) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   (B)  ALL  APPOINTMENTS  TO  THE WORKING GROUP SHALL BE COMPLETED ON OR
 BEFORE JULY FIRST, TWO THOUSAND TWENTY.
   3. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-ONE, THE WORKING GROUP
 SHALL PROVIDE A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE
 TEMPORARY PRESIDENT OF THE  SENATE  AND  THE  CHANCELLOR  OF  THE  STATE
 UNIVERSITY OF NEW YORK, WHICH CONTAINS SUCH WORKING GROUP'S FINDINGS AND
 POLICY  RECOMMENDATIONS IN CONNECTION WITH ITS REVIEW PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  6438-a  of  the  education law, as added by section two of this
 act, shall take effect January 1, 2023.

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Sponsored By

Kevin S. Parker

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

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Jamaal T. Bailey

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