Assembly Bill A5115E

2021-2022 Legislative Session

Relates to enacting the "New York collegiate athletic participation compensation act"

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5891 - Passed Assembly


  • 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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Bill Amendments

2021-A5115 - Details

See Senate Version of this Bill:
S5891
Law Section:
Education Law
Laws Affected:
Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A8620, S6722

2021-A5115 - 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.

2021-A5115 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5115
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Higher Education
 
 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
 RESULT OF THE COMPENSATION OF A STUDENT-ATHLETE PURSUANT TO THIS SECTION
 INCLUDING FOR THE USE OF THE STUDENT'S NAME, IMAGE, OR LIKENESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06266-01-1
              

co-Sponsors

2021-A5115A - Details

See Senate Version of this Bill:
S5891
Law Section:
Education Law
Laws Affected:
Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A8620, S6722

2021-A5115A - 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.

2021-A5115A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5115--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Higher Education -- 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 AS A RESULT OF 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 (NCAA), SHALL
 NOT PREVENT A STUDENT OF  A  COLLEGE  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.
   (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  (NCAA),  SHALL
 NOT PREVENT A COLLEGE FROM PARTICIPATING IN INTERCOLLEGIATE ATHLETICS AS
 A  RESULT  OF  THE  COMPENSATION  OF  A STUDENT-ATHLETE PURSUANT TO THIS
 SECTION INCLUDING FOR THE USE OF THE STUDENT'S NAME, IMAGE, OR LIKENESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06266-03-1
              

co-Sponsors

2021-A5115B - Details

See Senate Version of this Bill:
S5891
Law Section:
Education Law
Laws Affected:
Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A8620, S6722

2021-A5115B - 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.

2021-A5115B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5115--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES, MAGNARELLI -- read once and referred to
   the Committee  on  Higher  Education  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  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  AS A RESULT OF 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  (NCAA),  SHALL
 NOT  PREVENT  A  STUDENT  OF  A COLLEGE 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.
   (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 (NCAA), SHALL
 NOT PREVENT A COLLEGE FROM PARTICIPATING IN INTERCOLLEGIATE ATHLETICS AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06266-07-1
              

co-Sponsors

2021-A5115C - Details

See Senate Version of this Bill:
S5891
Law Section:
Education Law
Laws Affected:
Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A8620, S6722

2021-A5115C - 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.

2021-A5115C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5115--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES, MAGNARELLI -- read once and referred to
   the Committee  on  Higher  Education  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Higher Education in accordance with Assembly  Rule
   3,  sec. 2 -- 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 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 PURSUANT TO THIS  SECTION  INCLUDING
 AS  A RESULT OF THE USE OF THE STUDENT'S NAME, IMAGE, OR LIKENESS. EARN-
 ING COMPENSATION AS A RESULT OF 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 (NCAA), SHALL
 NOT PREVENT A STUDENT OF  A  COLLEGE  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.
   (C) AN ATHLETIC ASSOCIATION, CONFERENCE, OR OTHER GROUP  OR  ORGANIZA-
 TION  WITH  AUTHORITY OVER INTERCOLLEGIATE ATHLETICS, INCLUDING, BUT NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06266-14-2
              

co-Sponsors

2021-A5115D - Details

See Senate Version of this Bill:
S5891
Law Section:
Education Law
Laws Affected:
Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A8620, S6722

2021-A5115D - 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.

2021-A5115D - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5115--D
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES, MAGNARELLI, AUBRY, CRUZ, TAYLOR, GIBBS,
   CUNNINGHAM, SIMON, MONTESANO -- read once and referred to the  Commit-
   tee on Higher Education -- committee discharged, bill amended, ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Higher Education in accordance with Assembly Rule 3, sec.
   2 -- committee discharged, bill amended, ordered reprinted as  amended
   and  recommitted to said committee -- again reported from said commit-
   tee with amendments, 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 a new section 6438-a to
 read as follows:
   § 6438-A. STUDENT-ATHLETE COMPENSATION.  1. FOR THE PURPOSES  OF  THIS
 SECTION:
   (A)  "STUDENT-ATHLETE"  SHALL MEAN A STUDENT ENROLLED AT A COLLEGE AND
 PARTICIPATING IN INTERCOLLEGIATE ATHLETICS; AND
   (B) "TEAM  CONTRACT"  SHALL  MEAN  ANY  WRITTEN  AGREEMENT  BETWEEN  A
 STUDENT-ATHLETE  AND A COLLEGE, OR DIVISION, DEPARTMENT, PROGRAM OR TEAM
 THEREOF, WHICH INCLUDES GOALS AND OBJECTIVES,  STANDARDS,  PROHIBITIONS,
 BROADCAST,  ADVERTISING OR MARKETING RIGHTS OR CONSENTS, RULES OR EXPEC-
 TATIONS APPLICABLE TO THE STUDENT-ATHLETE.
   2. (A) A COLLEGE SHALL NOT UPHOLD ANY RULE, REQUIREMENT, STANDARD,  OR
 OTHER  LIMITATION  THAT  PREVENTS A STUDENT-ATHLETE FROM EARNING COMPEN-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06266-24-2
 A. 5115--D                          2
              

co-Sponsors

2021-A5115E (ACTIVE) - Details

See Senate Version of this Bill:
S5891
Law Section:
Education Law
Laws Affected:
Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A8620, S6722

2021-A5115E (ACTIVE) - 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.

2021-A5115E (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5115--E
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES, MAGNARELLI, AUBRY, CRUZ, TAYLOR, GIBBS,
   CUNNINGHAM, SIMON, MONTESANO, GOTTFRIED, STIRPE, BUTTENSCHON, FAHY  --
   read once and referred to the Committee on Higher Education -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- again reported from  said  committee  with
   amendments,  ordered  reprinted  as  amended  and  recommitted to said
   committee -- recommitted to  the  Committee  on  Higher  Education  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred to the Committee on Rules -- Rules Committee discharged, bill
   amended, ordered reprinted as amended and recommitted to the Committee
   on Rules
 
 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 a new  section  6438-a  to
 read as follows:
   §  6438-A.  STUDENT-ATHLETE COMPENSATION.  1. FOR THE PURPOSES OF THIS
 SECTION:
   (A) "STUDENT-ATHLETE" SHALL MEAN A STUDENT ENROLLED AT A  COLLEGE  AND
 PARTICIPATING IN INTERCOLLEGIATE ATHLETICS; AND
   (B)  "TEAM  CONTRACT"  SHALL  MEAN  ANY  WRITTEN  AGREEMENT  BETWEEN A
 STUDENT-ATHLETE AND A COLLEGE, OR DIVISION, DEPARTMENT, PROGRAM OR  TEAM
 THEREOF,  WHICH  INCLUDES GOALS AND OBJECTIVES, STANDARDS, PROHIBITIONS,
 BROADCAST, ADVERTISING OR MARKETING RIGHTS OR CONSENTS, RULES OR  EXPEC-
 TATIONS APPLICABLE TO THE STUDENT-ATHLETE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06266-26-2
              

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