S T A T E O F N E W Y O R K
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6722
2019-2020 Regular Sessions
I N S E N A T E
September 16, 2019
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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.