NY State Senate Bill S5891F

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (32)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 21, 2022	signed chap.622 delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.400 substituted for a5115e
May 31, 2022	referred to ways and means delivered to assembly passed senate
May 24, 2022	amended on third reading 5891f
May 23, 2022	amended on third reading 5891e
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.881
Apr 21, 2022	print number 5891d
Apr 21, 2022	amend and recommit to higher education
Jan 05, 2022	referred to higher education returned to senate died in assembly
Jun 10, 2021	referred to higher education delivered to assembly passed senate
Jun 09, 2021	ordered to third reading cal.1694 committee discharged and committed to rules
Jun 07, 2021	print number 5891c
Jun 07, 2021	amend and recommit to higher education
May 25, 2021	print number 5891b
May 25, 2021	amend and recommit to higher education committee discharged and committed to higher education
May 12, 2021	print number 5891a
May 12, 2021	amend and recommit to education
Mar 22, 2021	referred to education

Votes

view votes

May 31, 2022 - floor Vote

S5891F

floor

Aye

Nay

Absent

Excused

Abstained

Apr 26, 2022 - Higher Education committee Vote

S5891D

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Apr 26, 2022

aye (9)

nay (1)

Oberacker

aye wr (1)

Griffo

Jun 10, 2021 - floor Vote

S5891C

floor

Aye

Nay

Absent

Excused

Abstained

Jun 9, 2021 - Rules committee Vote

S5891C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

F (Active)

Original

F (Active)

Co-Sponsors

S5891 - Details

See Assembly Version of this Bill:: A5115
Law Section:: Education Law
Laws Affected:: Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6722, A8620

S5891 - 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.

S5891 - Sponsor Memo

 
BILL NUMBER: S5891

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 problem is you will not see
any financial gains from your blood , sweat and tears (and possible
career ending broken bones)-- until after you graduate 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, 2025.

S5891 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5891
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on 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

 S. 5891                             2
 
   (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
 SHALL  BE  DETERMINED  BY  THE  DEPARTMENT. A QUALIFYING INJURY SHALL BE

 S. 5891                             3
 
 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-TWO.
   3. ON OR BEFORE JULY FIRST, TWO  THOUSAND  TWENTY-THREE,  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 SUBDIVISION 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, 2025.

Co-Sponsors

S5891A - Details

See Assembly Version of this Bill:: A5115
Law Section:: Education Law
Laws Affected:: Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6722, A8620

S5891A - Summary

S5891A - Sponsor Memo

 
BILL NUMBER: S5891A

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 problem is you will not see
any financial gains from your blood , sweat and tears (and possible
career ending broken bones)-- until after you graduate 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:

2019-20: S6722B- Referred to Higher Education

 
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, 2025.

S5891A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5891--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  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.

                                                            LBD06266-02-1

 S. 5891--A                          2
 
   (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
 OR ATHLETIC AGENT REPRESENTATION.
   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 CAUSES A CONFLICT AS DESCRIBED
 IN PARAGRAPH (D) OF THIS SUBDIVISION.
   (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 IN ADVANCE OF EXECUTING IT 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 ATHLETE OR THE ATHLETE'S LEGAL REPRE-
 SENTATION THE RELEVANT CONTRACTUAL PROVISIONS THAT ARE IN CONFLICT.
   (D) A COLLEGE ASSERTING A CONFLICT DESCRIBED IN PARAGRAPH (A) OF  THIS
 SUBDIVISION  MAY  ASSERT  A  CONFLICT  BASED ON, BUT NOT LIMITED TO, THE
 FOLLOWING GROUNDS:
   (I) THE PROPOSED CONTRACT WOULD CAUSE THE STUDENT TO VIOLATE THE  TEAM
 CONTRACT; OR
   (II)  THE  PROPOSED  CONTRACT  WOULD  CAUSE THE STUDENT TO VIOLATE THE
 INSTITUTION'S STUDENT HANDBOOK OR CODE OF CONDUCT; OR
   (III) THE PROPOSED CONTRACT WOULD CONFLICT WITH AN  EXISTING  CONTRACT
 OR SPONSORSHIP THE INSTITUTION PARTICIPATES IN; OR
   (IV)  THE PROPOSED CONTRACT WOULD REASONABLY BE JUDGED TO CAUSE FINAN-
 CIAL LOSS OR REPUTATIONAL DAMAGE TO THE INSTITUTION; OR
   (V) THE PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE  PLAYER  DURING
 TEAM ACTIVITIES; OR
   (VI)  THE PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE PLAYER DURING
 SCHEDULED CLASSES; OR
   (VII) THE PROPOSED CONTRACT WOULD USE THE INSTITUTION'S NAME OR  BRAND
 OR COPYWRITTEN MATERIALS.

 S. 5891--A                          3
 
   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,  EXCEPT  WHERE  THERE IS A
 CONFLICT AS DESCRIBED IN PARAGRAPH  (D)  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION.
   7.  EACH COLLEGE ATHLETIC PROGRAM THAT PARTICIPATES IN DIVISION 1 NCAA
 ATHLETICS SHALL OFFER A STUDENT-ATHLETE ASSISTANCE PROGRAM OR  PROGRAMS,
 DESIGNED  TO PROVIDE STUDENT-ATHLETES PARTICIPATING IN DIVISION 1 SPORTS
 WITH IMPORTANT TOOLS AIMED TO ENHANCE THEIR WELL-BEING  AND  EXPERIENCES
 IN  THE  CLASSROOM,  OFF  THE  FIELD OF PLAY, AND BEYOND THEIR TENURE AS
 STUDENT-ATHLETES. THE STUDENT-ATHLETE ASSISTANCE PROGRAM MAY INCLUDE BUT
 NOT BE LIMITED TO:
   (A) A DEDICATED FINANCIAL DISTRESS FUND THAT  WOULD  SUPPORT  ENROLLED
 AND/OR CURRENT STUDENT-ATHLETES IN TIMES OF FINANCIAL NEED.
   (B) ACCESS TO ONGOING MENTAL HEALTH SUPPORT SERVICES PROVIDED BY COUN-
 SELORS  SPECIALLY  TRAINED TO UNDERSTAND THE UNIQUE ISSUES AND PRESSURES
 STUDENT-ATHLETES CONFRONT.
   (C) ACCESS TO BROAD-BASED FINANCIAL LITERACY TRAINING, WITH A SPECIFIC
 EMPHASIS ON THE ISSUES AND OPPORTUNITIES RELEVANT  TO  STUDENT-ATHLETES,
 DURING AND BEYOND THEIR TENURE AT THE COLLEGE OR UNIVERSITY.
   (D)  A  STUDENT-ATHLETE  DEGREE  COMPLETION  ASSISTANCE  PROGRAM  THAT
 PROVIDES FORMER STUDENT-ATHLETES WHO DISENROLLED FROM THE INSTITUTION IN
 GOOD ACADEMIC STANDING AND WHO EARNED THE NCAA  ACADEMIC  PROGRESS  RATE
 ELIGIBILITY POINT (FOR DIVISION I INSTITUTIONS), BEFORE COMPLETING THEIR
 DEGREE,  ACCESS  TO  NEED-BASED  FINANCIAL AID AND COUNSELING ASSISTANCE
 REQUIRED TO SUPPORT UNDERGRADUATE DEGREE COMPLETION.
   (E) ACCESS TO TRAINING REGARDING SEX-BASED DISCRIMINATION AND  HARASS-
 MENT  THAT  ENSURES  STUDENT-ATHLETES  FULLY UNDERSTAND THEIR RIGHTS AND
 RESPONSIBILITIES UNDER THE LAW,  INCLUDING  HOW  TO  MAKE  A  REPORT  OF
 DISCRIMINATION OR HARASSMENT ON THEIR CAMPUS.
   (F)  ACCESS  TO  LEADERSHIP  TRAINING THAT WILL SET THE CONDITIONS FOR
 STUDENT-ATHLETES TO BECOME  SUCCESSFUL  LEADERS,  IMPROVE  COMMUNICATION
 SKILLS, MAKE POSITIVE DECISIONS, AND MANAGE CONFLICT.
   (G)  ACCESS  TO  A  CAREER  DEVELOPMENT  PROGRAM, POSITIONED TO ASSIST
 STUDENT-ATHLETES IN TRANSFERRING THE VALUABLE  SKILLS  DEVELOPED  DURING
 SPORT PARTICIPATION, TO A SUCCESSFUL POST-COLLEGE OR UNIVERSITY CAREER.
   §  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;

 S. 5891--A                          4
 
   (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-TWO.
   3.  ON  OR  BEFORE  JULY FIRST, TWO THOUSAND TWENTY-THREE, 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 SUBDIVISION 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, 2025.

Co-Sponsors

S5891B - Details

See Assembly Version of this Bill:: A5115
Law Section:: Education Law
Laws Affected:: Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6722, A8620

S5891B - Summary

S5891B - Sponsor Memo

 
BILL NUMBER: S5891B

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 problem is you will not see
any financial gains from your blood , sweat and tears (and possible
career ending broken bones)-- until after you graduate 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:

2019-20: S6722B- Referred to Higher Education

 
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, 2022.

S5891B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5891--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged  and  said  bill
   committed   to   the   Committee  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06266-04-1

 S. 5891--B                          2
 
 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.
   (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
 OR ATHLETIC AGENT REPRESENTATION.
   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 CAUSES A CONFLICT  AS  DESCRIBED
 IN PARAGRAPH (D) OF THIS SUBDIVISION.
   (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 IN ADVANCE OF EXECUTING IT 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 ATHLETE OR THE ATHLETE'S LEGAL  REPRE-
 SENTATION THE RELEVANT CONTRACTUAL PROVISIONS THAT ARE IN CONFLICT.
   (D)  A COLLEGE ASSERTING A CONFLICT DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION MAY ASSERT A CONFLICT BASED ON,  BUT  NOT  LIMITED  TO,  THE
 FOLLOWING GROUNDS:
   (I)  THE PROPOSED CONTRACT WOULD CAUSE THE STUDENT TO VIOLATE THE TEAM
 CONTRACT; OR
   (II) THE PROPOSED CONTRACT WOULD CAUSE  THE  STUDENT  TO  VIOLATE  THE
 INSTITUTION'S STUDENT HANDBOOK OR CODE OF CONDUCT; OR
   (III)  THE  PROPOSED CONTRACT WOULD CONFLICT WITH AN EXISTING CONTRACT
 OR SPONSORSHIP THE INSTITUTION PARTICIPATES IN; OR
   (IV) THE PROPOSED CONTRACT WOULD REASONABLY BE JUDGED TO CAUSE  FINAN-
 CIAL LOSS OR REPUTATIONAL DAMAGE TO THE INSTITUTION; OR
   (V)  THE  PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE PLAYER DURING
 TEAM ACTIVITIES; OR
   (VI) THE PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE PLAYER  DURING
 SCHEDULED CLASSES; OR

 S. 5891--B                          3
 
   (VII)  THE PROPOSED CONTRACT WOULD USE THE INSTITUTION'S NAME OR BRAND
 OR COPYWRITTEN MATERIALS.
   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,  EXCEPT  WHERE  THERE IS A
 CONFLICT AS DESCRIBED IN PARAGRAPH  (D)  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION.
   7.  EACH COLLEGE ATHLETIC PROGRAM THAT PARTICIPATES IN DIVISION 1 NCAA
 ATHLETICS SHALL OFFER A STUDENT-ATHLETE ASSISTANCE PROGRAM OR  PROGRAMS,
 DESIGNED  TO PROVIDE STUDENT-ATHLETES PARTICIPATING IN DIVISION 1 SPORTS
 WITH IMPORTANT TOOLS AIMED TO ENHANCE THEIR WELL-BEING  AND  EXPERIENCES
 IN  THE  CLASSROOM,  OFF  THE  FIELD OF PLAY, AND BEYOND THEIR TENURE AS
 STUDENT-ATHLETES. THE STUDENT-ATHLETE ASSISTANCE PROGRAM MAY INCLUDE BUT
 NOT BE LIMITED TO:
   (A) A DEDICATED FINANCIAL DISTRESS FUND THAT  WOULD  SUPPORT  ENROLLED
 AND/OR CURRENT STUDENT-ATHLETES IN TIMES OF FINANCIAL NEED.
   (B) ACCESS TO ONGOING MENTAL HEALTH SUPPORT SERVICES PROVIDED BY COUN-
 SELORS  SPECIALLY  TRAINED TO UNDERSTAND THE UNIQUE ISSUES AND PRESSURES
 STUDENT-ATHLETES CONFRONT.
   (C) ACCESS TO BROAD-BASED FINANCIAL LITERACY TRAINING, WITH A SPECIFIC
 EMPHASIS ON THE ISSUES AND OPPORTUNITIES RELEVANT  TO  STUDENT-ATHLETES,
 DURING AND BEYOND THEIR TENURE AT THE COLLEGE OR UNIVERSITY.
   (D)  A  STUDENT-ATHLETE  DEGREE  COMPLETION  ASSISTANCE  PROGRAM  THAT
 PROVIDES FORMER STUDENT-ATHLETES WHO DISENROLLED FROM THE INSTITUTION IN
 GOOD ACADEMIC STANDING AND WHO EARNED THE NCAA  ACADEMIC  PROGRESS  RATE
 ELIGIBILITY POINT (FOR DIVISION I INSTITUTIONS), BEFORE COMPLETING THEIR
 DEGREE,  ACCESS  TO  NEED-BASED  FINANCIAL AID AND COUNSELING ASSISTANCE
 REQUIRED TO SUPPORT UNDERGRADUATE DEGREE COMPLETION.
   (E) ACCESS TO TRAINING REGARDING SEX-BASED DISCRIMINATION AND  HARASS-
 MENT  THAT  ENSURES  STUDENT-ATHLETES  FULLY UNDERSTAND THEIR RIGHTS AND
 RESPONSIBILITIES UNDER THE LAW,  INCLUDING  HOW  TO  MAKE  A  REPORT  OF
 DISCRIMINATION OR HARASSMENT ON THEIR CAMPUS.
   (F)  ACCESS  TO  LEADERSHIP  TRAINING THAT WILL SET THE CONDITIONS FOR
 STUDENT-ATHLETES TO BECOME  SUCCESSFUL  LEADERS,  IMPROVE  COMMUNICATION
 SKILLS, MAKE POSITIVE DECISIONS, AND MANAGE CONFLICT.
   (G)  ACCESS  TO  A  CAREER  DEVELOPMENT  PROGRAM, POSITIONED TO ASSIST
 STUDENT-ATHLETES IN TRANSFERRING THE VALUABLE  SKILLS  DEVELOPED  DURING
 SPORT PARTICIPATION, TO A SUCCESSFUL POST-COLLEGE OR UNIVERSITY CAREER.
   §  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;

 S. 5891--B                          4
 
   (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-TWO.
   3. ON OR BEFORE JULY FIRST, TWO  THOUSAND  TWENTY-THREE,  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 SUBDIVISION 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, 2022.

Co-Sponsors

S5891C - Details

See Assembly Version of this Bill:: A5115
Law Section:: Education Law
Laws Affected:: Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6722, A8620

S5891C - Summary

S5891C - Sponsor Memo

 
BILL NUMBER: S5891C

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 problem is you will not see
any financial gains from your blood , sweat and tears (and possible
career ending broken bones)-- until after you graduate 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:

2019-20: S6722B- Referred to Higher Education

 
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, 2022.

S5891C - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5891--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged  and  said  bill
   committed   to   the   Committee  on  Higher  Education  --  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  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.

                                                            LBD06266-06-1

 S. 5891--C                          2
 
 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.
   (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
 OR ATHLETIC AGENT REPRESENTATION.
   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 CAUSES A CONFLICT  AS  DESCRIBED
 IN PARAGRAPH (D) OF THIS SUBDIVISION.
   (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 IN ADVANCE OF EXECUTING IT 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 ATHLETE OR THE ATHLETE'S LEGAL  REPRE-
 SENTATION  THE  RELEVANT  CONTRACTUAL  PROVISIONS  THAT ARE IN CONFLICT;
 PROVIDED, HOWEVER, THAT A COLLEGE SHALL NOT BE REQUIRED TO DISCLOSE  ANY
 FINANCIAL TERMS OF SUCH CONTRACT UNLESS OTHERWISE REQUIRED BY APPLICABLE
 LAW.
   (D)  A COLLEGE ASSERTING A CONFLICT DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION MAY ASSERT A CONFLICT BASED ON,  BUT  NOT  LIMITED  TO,  THE
 FOLLOWING GROUNDS:
   (I)  THE PROPOSED CONTRACT WOULD CAUSE THE STUDENT TO VIOLATE THE TEAM
 CONTRACT; OR
   (II) THE PROPOSED CONTRACT WOULD CAUSE  THE  STUDENT  TO  VIOLATE  THE
 INSTITUTION'S STUDENT HANDBOOK OR CODE OF CONDUCT; OR
   (III)  THE  PROPOSED CONTRACT WOULD CONFLICT WITH AN EXISTING CONTRACT
 OR SPONSORSHIP THE INSTITUTION PARTICIPATES IN; OR
   (IV) THE PROPOSED CONTRACT WOULD REASONABLY BE JUDGED TO CAUSE  FINAN-
 CIAL LOSS OR REPUTATIONAL DAMAGE TO THE INSTITUTION; OR

 S. 5891--C                          3
 
   (V)  THE  PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE PLAYER DURING
 TEAM ACTIVITIES; OR
   (VI)  THE PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE PLAYER DURING
 SCHEDULED CLASSES; OR
   (VII) THE PROPOSED CONTRACT WOULD USE THE INSTITUTION'S  NAME,  BRAND,
 COPYWRITTEN  MATERIALS,  TRADEMARKS,  SERVICE MARKS, SYMBOLS, NICKNAMES,
 TRADE DRESS, INSIGNIA, MASCOT, UNIFORM STYLES, COLORS,  IMAGERY,  CAMPUS
 LANDMARKS, OR ANY OTHER INTELLECTUAL PROPERTY OR INDICIA; OR
   (VIII)  THE  PROPOSED  CONTRACT WOULD REQUIRE THE STUDENT TO DISPLAY A
 SPONSOR'S PRODUCT, LOGO, BRAND, OR OTHER INDICIA, OR OTHERWISE ADVERTISE
 FOR A SPONSOR, DURING OFFICIAL TEAM ACTIVITIES OR ANY  OTHER  TIME,  AND
 SUCH  SPONSOR  IS A COMPETITOR OF, OR OFFERS PRODUCTS OR SERVICES WITHIN
 THE SAME CATEGORY AS A SPONSOR OF THE COLLEGE.
   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,  EXCEPT  WHERE  THERE  IS  A
 CONFLICT  AS  DESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION FIVE OF THIS
 SECTION OR ANY OTHER PROHIBITION IN THIS SECTION.
   7. EACH COLLEGE ATHLETIC PROGRAM THAT PARTICIPATES IN DIVISION 1  NCAA
 ATHLETICS  SHALL OFFER A STUDENT-ATHLETE ASSISTANCE PROGRAM OR PROGRAMS,
 DESIGNED TO PROVIDE STUDENT-ATHLETES PARTICIPATING IN DIVISION 1  SPORTS
 WITH  IMPORTANT  TOOLS AIMED TO ENHANCE THEIR WELL-BEING AND EXPERIENCES
 IN THE CLASSROOM, OFF THE FIELD OF PLAY,  AND  BEYOND  THEIR  TENURE  AS
 STUDENT-ATHLETES. THE STUDENT-ATHLETE ASSISTANCE PROGRAM MAY INCLUDE BUT
 NOT BE LIMITED TO:
   (A)  A  DEDICATED  FINANCIAL DISTRESS FUND THAT WOULD SUPPORT ENROLLED
 AND/OR CURRENT STUDENT-ATHLETES IN TIMES OF FINANCIAL NEED.    DISBURSE-
 MENTS  FROM  SUCH  FUND  ARE  NOT  COMPENSATION FOR THE PURPOSES OF THIS
 SECTION.
   (B) ACCESS TO ONGOING MENTAL HEALTH SUPPORT SERVICES PROVIDED BY COUN-
 SELORS SPECIALLY TRAINED TO UNDERSTAND THE UNIQUE ISSUES  AND  PRESSURES
 STUDENT-ATHLETES CONFRONT.
   (C) ACCESS TO BROAD-BASED FINANCIAL LITERACY TRAINING, WITH A SPECIFIC
 EMPHASIS  ON  THE ISSUES AND OPPORTUNITIES RELEVANT TO STUDENT-ATHLETES,
 DURING AND BEYOND THEIR TENURE AT THE COLLEGE OR UNIVERSITY.
   (D)  A  STUDENT-ATHLETE  DEGREE  COMPLETION  ASSISTANCE  PROGRAM  THAT
 PROVIDES FORMER STUDENT-ATHLETES WHO DISENROLLED FROM THE INSTITUTION IN
 GOOD  ACADEMIC  STANDING  AND WHO EARNED THE NCAA ACADEMIC PROGRESS RATE
 ELIGIBILITY POINT (FOR DIVISION I INSTITUTIONS), BEFORE COMPLETING THEIR
 DEGREE, ACCESS TO NEED-BASED FINANCIAL  AID  AND  COUNSELING  ASSISTANCE
 REQUIRED TO SUPPORT UNDERGRADUATE DEGREE COMPLETION.
   (E)  ACCESS TO TRAINING REGARDING SEX-BASED DISCRIMINATION AND HARASS-
 MENT THAT ENSURES STUDENT-ATHLETES FULLY  UNDERSTAND  THEIR  RIGHTS  AND
 RESPONSIBILITIES  UNDER  THE  LAW,  INCLUDING  HOW  TO  MAKE A REPORT OF
 DISCRIMINATION OR HARASSMENT ON THEIR CAMPUS.
   (F) ACCESS TO LEADERSHIP TRAINING THAT WILL  SET  THE  CONDITIONS  FOR
 STUDENT-ATHLETES  TO  BECOME  SUCCESSFUL  LEADERS, IMPROVE COMMUNICATION
 SKILLS, MAKE POSITIVE DECISIONS, AND MANAGE CONFLICT.
   (G) ACCESS TO A  CAREER  DEVELOPMENT  PROGRAM,  POSITIONED  TO  ASSIST
 STUDENT-ATHLETES  IN  TRANSFERRING  THE VALUABLE SKILLS DEVELOPED DURING
 SPORT PARTICIPATION, TO A SUCCESSFUL POST-COLLEGE OR UNIVERSITY CAREER.
   8. FOR PURPOSES OF THIS SECTION, "TEAM  CONTRACT"  MEANS  ANY  WRITTEN
 AGREEMENT  BETWEEN A STUDENT-ATHLETE AND A COLLEGE, OR DIVISION, DEPART-
 MENT, PROGRAM OR TEAM THEREOF,  WHICH  INCLUDES  GOALS  AND  OBJECTIVES,

 S. 5891--C                          4

 STANDARDS,  PROHIBITIONS,  BROADCAST, ADVERTISING OR MARKETING RIGHTS OR
 CONSENTS, RULES OR EXPECTATIONS APPLICABLE TO THE STUDENT-ATHLETE.
   §  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-TWO.
   3. ON OR BEFORE JULY FIRST, TWO  THOUSAND  TWENTY-THREE,  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 SUBDIVISION 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, 2022.

Co-Sponsors

S5891D - Details

See Assembly Version of this Bill:: A5115
Law Section:: Education Law
Laws Affected:: Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6722, A8620

S5891D - Summary

S5891D - Sponsor Memo

 
BILL NUMBER: S5891D

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 problem is you will not see
any financial gains from your blood , sweat and tears (and possible
career ending broken bones)-- until after you graduate 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:

2019-20: S6722B- Referred to Higher Education

 
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.

S5891D - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5891--D
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee -- committee discharged  and
   said  bill committed to the Committee on Higher Education -- 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 -- recommitted
   to the Committee on Higher Education in accordance with Senate Rule 6,
   sec. 8 -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06266-12-2
 S. 5891--D                          2

 
 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.
   (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
 OR ATHLETIC AGENT REPRESENTATION.
   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 CAUSES A CONFLICT  AS  DESCRIBED
 IN PARAGRAPH (D) OF THIS SUBDIVISION.
   (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 IN ADVANCE OF EXECUTING IT 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 ATHLETE OR THE ATHLETE'S LEGAL  REPRE-
 SENTATION  THE  RELEVANT  CONTRACTUAL  PROVISIONS  THAT ARE IN CONFLICT;
 PROVIDED, HOWEVER, THAT A COLLEGE SHALL NOT BE REQUIRED TO DISCLOSE  ANY
 FINANCIAL TERMS OF SUCH CONTRACT UNLESS OTHERWISE REQUIRED BY APPLICABLE
 LAW.
   (D)  A COLLEGE ASSERTING A CONFLICT DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION MAY ASSERT A CONFLICT BASED ON,  BUT  NOT  LIMITED  TO,  THE
 FOLLOWING GROUNDS:
   (I)  THE PROPOSED CONTRACT WOULD CAUSE THE STUDENT TO VIOLATE THE TEAM
 CONTRACT; OR
   (II) THE PROPOSED CONTRACT WOULD CAUSE  THE  STUDENT  TO  VIOLATE  THE
 INSTITUTION'S STUDENT HANDBOOK OR CODE OF CONDUCT; OR
 S. 5891--D                          3
 
   (III)  THE  PROPOSED CONTRACT WOULD CONFLICT WITH AN EXISTING CONTRACT
 OR SPONSORSHIP THE INSTITUTION PARTICIPATES IN; OR
   (IV)  THE PROPOSED CONTRACT WOULD REASONABLY BE JUDGED TO CAUSE FINAN-
 CIAL LOSS OR REPUTATIONAL DAMAGE TO THE INSTITUTION; OR
   (V) THE PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE  PLAYER  DURING
 TEAM ACTIVITIES; OR
   (VI)  THE PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE PLAYER DURING
 SCHEDULED CLASSES; OR
   (VII) THE PROPOSED CONTRACT WOULD USE THE INSTITUTION'S  NAME,  BRAND,
 COPYWRITTEN  MATERIALS,  TRADEMARKS,  SERVICE MARKS, SYMBOLS, NICKNAMES,
 TRADE DRESS, INSIGNIA, MASCOT, UNIFORM STYLES, COLORS,  IMAGERY,  CAMPUS
 LANDMARKS, OR ANY OTHER INTELLECTUAL PROPERTY OR INDICIA; OR
   (VIII)  THE  PROPOSED  CONTRACT WOULD REQUIRE THE STUDENT TO DISPLAY A
 SPONSOR'S PRODUCT, LOGO, BRAND, OR OTHER INDICIA, OR OTHERWISE ADVERTISE
 FOR A SPONSOR, DURING OFFICIAL TEAM ACTIVITIES OR ANY  OTHER  TIME,  AND
 SUCH  SPONSOR  IS A COMPETITOR OF, OR OFFERS PRODUCTS OR SERVICES WITHIN
 THE SAME CATEGORY AS A SPONSOR OF THE COLLEGE.
   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,  EXCEPT  WHERE  THERE  IS  A
 CONFLICT  AS  DESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION FIVE OF THIS
 SECTION OR ANY OTHER PROHIBITION IN THIS SECTION.
   7. EACH COLLEGE ATHLETIC PROGRAM THAT PARTICIPATES IN DIVISION 1  NCAA
 ATHLETICS  SHALL OFFER A STUDENT-ATHLETE ASSISTANCE PROGRAM OR PROGRAMS,
 DESIGNED TO PROVIDE STUDENT-ATHLETES PARTICIPATING IN DIVISION 1  SPORTS
 WITH  IMPORTANT  TOOLS AIMED TO ENHANCE THEIR WELL-BEING AND EXPERIENCES
 IN THE CLASSROOM, OFF THE FIELD OF PLAY,  AND  BEYOND  THEIR  TENURE  AS
 STUDENT-ATHLETES. THE STUDENT-ATHLETE ASSISTANCE PROGRAM MAY INCLUDE BUT
 NOT BE LIMITED TO:
   (A)  A  DEDICATED  FINANCIAL DISTRESS FUND THAT WOULD SUPPORT ENROLLED
 AND/OR CURRENT STUDENT-ATHLETES IN TIMES OF FINANCIAL NEED.    DISBURSE-
 MENTS  FROM  SUCH  FUND  ARE  NOT  COMPENSATION FOR THE PURPOSES OF THIS
 SECTION.
   (B) ACCESS TO ONGOING MENTAL HEALTH SUPPORT SERVICES PROVIDED BY COUN-
 SELORS SPECIALLY TRAINED TO UNDERSTAND THE UNIQUE ISSUES  AND  PRESSURES
 STUDENT-ATHLETES CONFRONT.
   (C) ACCESS TO BROAD-BASED FINANCIAL LITERACY TRAINING, WITH A SPECIFIC
 EMPHASIS  ON  THE ISSUES AND OPPORTUNITIES RELEVANT TO STUDENT-ATHLETES,
 DURING AND BEYOND THEIR TENURE AT THE COLLEGE OR UNIVERSITY.
   (D)  A  STUDENT-ATHLETE  DEGREE  COMPLETION  ASSISTANCE  PROGRAM  THAT
 PROVIDES FORMER STUDENT-ATHLETES WHO DISENROLLED FROM THE INSTITUTION IN
 GOOD  ACADEMIC  STANDING  AND WHO EARNED THE NCAA ACADEMIC PROGRESS RATE
 ELIGIBILITY POINT (FOR DIVISION I INSTITUTIONS), BEFORE COMPLETING THEIR
 DEGREE, ACCESS TO NEED-BASED FINANCIAL  AID  AND  COUNSELING  ASSISTANCE
 REQUIRED TO SUPPORT UNDERGRADUATE DEGREE COMPLETION.
   (E)  ACCESS TO TRAINING REGARDING SEX-BASED DISCRIMINATION AND HARASS-
 MENT THAT ENSURES STUDENT-ATHLETES FULLY  UNDERSTAND  THEIR  RIGHTS  AND
 RESPONSIBILITIES  UNDER  THE  LAW,  INCLUDING  HOW  TO  MAKE A REPORT OF
 DISCRIMINATION OR HARASSMENT ON THEIR CAMPUS.
   (F) ACCESS TO LEADERSHIP TRAINING THAT WILL  SET  THE  CONDITIONS  FOR
 STUDENT-ATHLETES  TO  BECOME  SUCCESSFUL  LEADERS, IMPROVE COMMUNICATION
 SKILLS, MAKE POSITIVE DECISIONS, AND MANAGE CONFLICT.
 S. 5891--D                          4
 
   (G) ACCESS TO A  CAREER  DEVELOPMENT  PROGRAM,  POSITIONED  TO  ASSIST
 STUDENT-ATHLETES  IN  TRANSFERRING  THE VALUABLE SKILLS DEVELOPED DURING
 SPORT PARTICIPATION, TO A SUCCESSFUL POST-COLLEGE OR UNIVERSITY CAREER.
   8.  FOR  PURPOSES  OF  THIS SECTION, "TEAM CONTRACT" MEANS ANY WRITTEN
 AGREEMENT BETWEEN A STUDENT-ATHLETE AND A COLLEGE, OR DIVISION,  DEPART-
 MENT,  PROGRAM  OR  TEAM  THEREOF,  WHICH INCLUDES GOALS AND OBJECTIVES,
 STANDARDS, PROHIBITIONS, BROADCAST, ADVERTISING OR MARKETING  RIGHTS  OR
 CONSENTS, RULES OR EXPECTATIONS APPLICABLE TO THE STUDENT-ATHLETE.
   §  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-THREE.
   3. ON OR BEFORE JULY FIRST, TWO  THOUSAND  TWENTY-THREE,  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 SUBDIVISION 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.

Co-Sponsors

S5891E - Details

See Assembly Version of this Bill:: A5115
Law Section:: Education Law
Laws Affected:: Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6722, A8620

S5891E - Summary

S5891E - Sponsor Memo

 
BILL NUMBER: S5891E

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 6438-a and 6438-b is amended by adding two
new sections

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 problem is you will not see
any financial gains from your blood , sweat and tears (and possible
career ending broken bones)-- until after you graduate 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 the 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:

2019-20: 56722B- Referred to Higher Education

 
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.

S5891E - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5891--E
     Cal. No. 881
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee -- committee discharged  and
   said  bill committed to the Committee on Higher Education -- 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 -- recommitted
   to the Committee on Higher Education in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted to said committee -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 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.

                                                            LBD06266-25-2
 S. 5891--E                          2
 
   2. (A) A COLLEGE SHALL NOT UPHOLD ANY RULE, REQUIREMENT, STANDARD,  OR
 OTHER  LIMITATION  THAT  PREVENTS A STUDENT-ATHLETE FROM EARNING COMPEN-
 SATION PURSUANT TO THIS SECTION AS A RESULT OF THE USE OF  THE  STUDENT-
 ATHLETE'S NAME, IMAGE, OR LIKENESS.
   (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-ATHLETE FROM EARNING COMPENSATION PURSUANT TO THIS
 SECTION AS A RESULT OF THE USE OF THE STUDENT-ATHLETE'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 ALLOWING A STUDENT-ATHLETE PURSUANT  TO  THIS  SECTION  FROM
 EARNING  COMPENSATION  AS  A  RESULT OF THE USE OF THE STUDENT-ATHLETE'S
 NAME, IMAGE, OR LIKENESS.
   3. 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 STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS.
   4.  (A) A COLLEGE, ATHLETIC ASSOCIATION, CONFERENCE, OR OTHER GROUP OR
 ORGANIZATION WITH AUTHORITY OVER  INTERCOLLEGIATE  ATHLETICS  SHALL  NOT
 PREVENT  A STUDENT-ATHLETE 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 A STUDENT-ATHLETE 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.
   5. A SCHOLARSHIP FROM  THE  COLLEGE  IN  WHICH  A  STUDENT-ATHLETE  IS
 ENROLLED  THAT  PROVIDES THE STUDENT-ATHLETE WITH THE COST OF ATTENDANCE
 AT THAT COLLEGE IS NOT COMPENSATION FOR PURPOSES OF THIS SECTION, AND  A
 SCHOLARSHIP SHALL NOT BE REVOKED DUE TO EARNING COMPENSATION AS A RESULT
 OF  THE USE OF THE STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS, OR DUE TO
 OBTAINING LEGAL OR ATHLETIC AGENT REPRESENTATION.
   6. (A) A STUDENT-ATHLETE SHALL NOT ENTER  INTO  A  CONTRACT  PROVIDING
 COMPENSATION  TO  THE  STUDENT-ATHLETE  FOR USE OF THE STUDENT-ATHLETE'S
 NAME, IMAGE, OR LIKENESS  IF  A  PROVISION  OF  THE  CONTRACT  CAUSES  A
 CONFLICT PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION.
   (B)  A  STUDENT-ATHLETE  WHO  ENTERS INTO A CONTRACT PROVIDING COMPEN-
 SATION TO THE STUDENT-ATHLETE FOR USE  OF  THE  STUDENT-ATHLETE'S  NAME,
 IMAGE,  OR  LIKENESS SHALL DISCLOSE THE CONTRACT IN ADVANCE OF EXECUTING
 IT TO AN OFFICIAL OF THE COLLEGE, AS DESIGNATED BY THE COLLEGE.
   (C) A COLLEGE ASSERTING A CONFLICT PURSUANT TO 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; PROVIDED, HOWEVER, THAT A COLLEGE SHALL NOT BE REQUIRED
 S. 5891--E                          3
 
 TO  DISCLOSE  ANY  FINANCIAL  TERMS  OF  SUCH  CONTRACT UNLESS OTHERWISE
 REQUIRED BY APPLICABLE LAW.
   (D)  A  COLLEGE ASSERTING A CONFLICT PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION MAY ASSERT A CONFLICT BASED ON,  BUT  NOT  LIMITED  TO,  THE
 FOLLOWING GROUNDS:
   (I)  THE  PROPOSED CONTRACT WOULD CAUSE THE STUDENT-ATHLETE TO VIOLATE
 THE TEAM CONTRACT; OR
   (II) THE PROPOSED CONTRACT WOULD CAUSE THE STUDENT-ATHLETE TO  VIOLATE
 THE COLLEGE'S STUDENT HANDBOOK OR CODE OF CONDUCT; OR
   (III)  THE  PROPOSED CONTRACT WOULD CONFLICT WITH AN EXISTING CONTRACT
 OR SPONSORSHIP THE COLLEGE PARTICIPATES IN; OR
   (IV) THE PROPOSED CONTRACT WOULD REASONABLY BE JUDGED TO CAUSE  FINAN-
 CIAL LOSS OR REPUTATIONAL DAMAGE TO THE COLLEGE; OR
   (V) THE PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE STUDENT-ATHLETE
 DURING TEAM ACTIVITIES; OR
   (VI)  THE  PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE STUDENT-ATH-
 LETE DURING SCHEDULED CLASSES; OR
   (VII) THE PROPOSED CONTRACT WOULD USE THE COLLEGE'S NAME, BRAND, COPY-
 WRITTEN MATERIALS, TRADEMARKS, SERVICE MARKS, SYMBOLS, NICKNAMES,  TRADE
 DRESS,  INSIGNIA,  MASCOT, UNIFORM STYLES, COLORS, IMAGERY, CAMPUS LAND-
 MARKS, OR ANY OTHER INTELLECTUAL PROPERTY OR INDICIA; OR
   (VIII) THE PROPOSED CONTRACT  WOULD  REQUIRE  THE  STUDENT-ATHLETE  TO
 DISPLAY A SPONSOR'S PRODUCT, LOGO, BRAND, OR OTHER INDICIA, OR OTHERWISE
 ADVERTISE FOR A SPONSOR, DURING OFFICIAL TEAM ACTIVITIES; OR
   (IX)  THE  PROPOSED  CONTRACT  WOULD  REQUIRE  THE  STUDENT-ATHLETE TO
 DISPLAY A SPONSOR'S PRODUCT, LOGO, BRAND OR OTHER INDICIA, OR  OTHERWISE
 ADVERTISE  FOR  A  SPONSOR AT ANY TIME, AND SUCH SPONSOR IS A COMPETITOR
 OF, OR OFFERS PRODUCTS OR SERVICES WITHIN THE SAME CATEGORY AS A SPONSOR
 OF THE COLLEGE.
   7. A TEAM  OF  A  COLLEGE'S  ATHLETIC  PROGRAM  SHALL  NOT  PREVENT  A
 STUDENT-ATHLETE  FROM  USING THE STUDENT-ATHLETE'S NAME, IMAGE, OR LIKE-
 NESS FOR A COMMERCIAL PURPOSE WHEN THE STUDENT-ATHLETE IS NOT ENGAGED IN
 OFFICIAL TEAM ACTIVITIES, EXCEPT WHERE THERE IS A CONFLICT  PURSUANT  TO
 PARAGRAPH  (D)  OF SUBDIVISION SIX OF THIS SECTION OR ANY OTHER PROHIBI-
 TION IN THIS SECTION.
   8. EACH COLLEGE ATHLETIC PROGRAM THAT PARTICIPATES IN DIVISION 1  NCAA
 ATHLETICS  SHALL OFFER A STUDENT-ATHLETE ASSISTANCE PROGRAM OR PROGRAMS,
 DESIGNED TO PROVIDE STUDENT-ATHLETES PARTICIPATING IN DIVISION 1 ATHLET-
 ICS WITH TOOLS AIMED TO ENHANCE THEIR WELL-BEING AND EXPERIENCES IN  THE
 CLASSROOM,  OFF  THE  FIELD OF PLAY, AND BEYOND THEIR TENURE AS STUDENT-
 ATHLETES. THE STUDENT-ATHLETE ASSISTANCE PROGRAM MAY INCLUDE BUT NOT  BE
 LIMITED TO:
   (A)  A  DEDICATED  FINANCIAL DISTRESS FUND THAT WOULD SUPPORT STUDENT-
 ATHLETES IN TIMES OF FINANCIAL NEED.  DISBURSEMENTS FROM SUCH  FUND  ARE
 NOT COMPENSATION FOR THE PURPOSES OF THIS SECTION;
   (B) ACCESS TO ONGOING MENTAL HEALTH SUPPORT SERVICES PROVIDED BY COUN-
 SELORS  SPECIALLY  TRAINED TO UNDERSTAND THE UNIQUE ISSUES AND PRESSURES
 STUDENT-ATHLETES CONFRONT;
   (C) ACCESS TO BROAD-BASED FINANCIAL LITERACY TRAINING, WITH A SPECIFIC
 EMPHASIS ON THE ISSUES AND OPPORTUNITIES RELEVANT  TO  STUDENT-ATHLETES,
 DURING AND BEYOND THEIR TENURE AT THE COLLEGE;
   (D)  A  DEGREE  COMPLETION  ASSISTANCE  PROGRAM  THAT  PROVIDES FORMER
 STUDENT-ATHLETES WHO DISENROLLED  FROM  THE  COLLEGE  IN  GOOD  ACADEMIC
 STANDING  AND  WHO  EARNED  THE  NCAA ACADEMIC PROGRESS RATE ELIGIBILITY
 POINT FOR DIVISION  I  INSTITUTIONS,  BEFORE  COMPLETING  THEIR  DEGREE,
 S. 5891--E                          4
 
 ACCESS TO NEED-BASED FINANCIAL AID AND COUNSELING ASSISTANCE REQUIRED TO
 SUPPORT UNDERGRADUATE DEGREE COMPLETION;
   (E)  ACCESS TO TRAINING REGARDING SEX-BASED DISCRIMINATION AND HARASS-
 MENT THAT ENSURES STUDENT-ATHLETES FULLY  UNDERSTAND  THEIR  RIGHTS  AND
 RESPONSIBILITIES  UNDER  THE  LAW,  INCLUDING  HOW  TO  MAKE A REPORT OF
 DISCRIMINATION OR HARASSMENT ON THEIR CAMPUS;
   (F) ACCESS TO LEADERSHIP TRAINING THAT WILL  SET  THE  CONDITIONS  FOR
 STUDENT-ATHLETES  TO  BECOME  SUCCESSFUL  LEADERS, IMPROVE COMMUNICATION
 SKILLS, MAKE POSITIVE DECISIONS, AND MANAGE CONFLICT; AND
   (G) ACCESS TO A  CAREER  DEVELOPMENT  PROGRAM,  POSITIONED  TO  ASSIST
 STUDENT-ATHLETES  IN  TRANSFERRING  THE VALUABLE SKILLS DEVELOPED DURING
 INTERCOLLEGIATE ATHLETIC PARTICIPATION,  TO  A  SUCCESSFUL  POST-COLLEGE
 CAREER.
   §  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 and shall apply to contracts
 entered into, renewed, modified or amended on or after such date.

Co-Sponsors

S5891F (ACTIVE) - Details

See Assembly Version of this Bill:: A5115
Law Section:: Education Law
Laws Affected:: Add §6438-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6722, A8620

S5891F (ACTIVE) - Summary

S5891F (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5891F

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 problem is you will not see
any financial gains from your blood , sweat and tears (and possible
career ending broken bones)-- until after you graduate 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:

2019-20: S6722B- Referred to Higher Education

 
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.

S5891F (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5891--F
     Cal. No. 881
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY, JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee -- committee discharged  and
   said  bill committed to the Committee on Higher Education -- 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 -- recommitted
   to the Committee on Higher Education in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted to said committee -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading -- again amended and ordered reprinted, retain-
   ing its place in the order of third reading
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06266-27-2

 S. 5891--F                          2
 
 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-
 SATION  PURSUANT  TO THIS SECTION AS A RESULT OF THE USE OF THE STUDENT-
 ATHLETE'S NAME, IMAGE, OR LIKENESS.
   (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-ATHLETE FROM EARNING COMPENSATION PURSUANT TO THIS
 SECTION  AS A RESULT OF THE USE OF THE STUDENT-ATHLETE'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  ALLOWING  A STUDENT-ATHLETE PURSUANT TO THIS SECTION FROM
 EARNING COMPENSATION AS A RESULT OF THE  USE  OF  THE  STUDENT-ATHLETE'S
 NAME, IMAGE, OR LIKENESS.
   3.  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 STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS.
   4. (A) A COLLEGE, ATHLETIC ASSOCIATION, CONFERENCE, OR OTHER GROUP  OR
 ORGANIZATION  WITH  AUTHORITY  OVER  INTERCOLLEGIATE ATHLETICS SHALL NOT
 PREVENT A STUDENT-ATHLETE FROM OBTAINING PROFESSIONAL REPRESENTATION  IN
 RELATION TO NAME, IMAGE, OR LIKENESS CONTRACTS OR LEGAL MATTERS, INCLUD-
 ING,  BUT  NOT  LIMITED TO, REPRESENTATION PROVIDED BY ATHLETE AGENTS OR
 LEGAL REPRESENTATION PROVIDED BY ATTORNEYS.
   (B) PROFESSIONAL REPRESENTATION OBTAINED BY A STUDENT-ATHLETE 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.
   5. A SCHOLARSHIP FROM  THE  COLLEGE  IN  WHICH  A  STUDENT-ATHLETE  IS
 ENROLLED  THAT  PROVIDES THE STUDENT-ATHLETE WITH THE COST OF ATTENDANCE
 AT THAT COLLEGE IS NOT COMPENSATION FOR PURPOSES OF THIS SECTION, AND  A
 SCHOLARSHIP SHALL NOT BE REVOKED DUE TO EARNING COMPENSATION AS A RESULT
 OF  THE USE OF THE STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS, OR DUE TO
 OBTAINING LEGAL OR ATHLETIC AGENT REPRESENTATION IN  RELATION  TO  NAME,
 IMAGE, OR LIKENESS MATTERS.
   6.  (A)  A  STUDENT-ATHLETE  SHALL NOT ENTER INTO A CONTRACT PROVIDING
 COMPENSATION TO THE STUDENT-ATHLETE FOR  USE  OF  THE  STUDENT-ATHLETE'S
 NAME,  IMAGE,  OR  LIKENESS  IF  A  PROVISION  OF  THE CONTRACT CAUSES A
 CONFLICT PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION.
   (B) A STUDENT-ATHLETE WHO ENTERS INTO  A  CONTRACT  PROVIDING  COMPEN-
 SATION  TO  THE  STUDENT-ATHLETE  FOR USE OF THE STUDENT-ATHLETE'S NAME,
 IMAGE, OR LIKENESS SHALL DISCLOSE THE CONTRACT IN ADVANCE  OF  EXECUTING
 IT TO AN OFFICIAL OF THE COLLEGE, AS DESIGNATED BY THE COLLEGE.
   (C)  A  COLLEGE ASSERTING A CONFLICT PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION SHALL  DISCLOSE  TO  THE  STUDENT-ATHLETE  OR  THE  STUDENT-
 S. 5891--F                          3
 
 ATHLETE'S  LEGAL REPRESENTATION THE RELEVANT CONTRACTUAL PROVISIONS THAT
 ARE IN CONFLICT; PROVIDED, HOWEVER, THAT A COLLEGE SHALL NOT BE REQUIRED
 TO DISCLOSE ANY  FINANCIAL  TERMS  OF  SUCH  CONTRACT  UNLESS  OTHERWISE
 REQUIRED BY APPLICABLE LAW.
   (D)  A  COLLEGE ASSERTING A CONFLICT PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION MAY ASSERT A CONFLICT BASED ON,  BUT  NOT  LIMITED  TO,  THE
 FOLLOWING GROUNDS:
   (I)  THE  PROPOSED CONTRACT WOULD CAUSE THE STUDENT-ATHLETE TO VIOLATE
 THE TEAM CONTRACT; OR
   (II) THE PROPOSED CONTRACT WOULD CAUSE THE STUDENT-ATHLETE TO  VIOLATE
 THE COLLEGE'S STUDENT HANDBOOK OR CODE OF CONDUCT; OR
   (III)  THE  PROPOSED CONTRACT WOULD CONFLICT WITH AN EXISTING CONTRACT
 OR SPONSORSHIP THE COLLEGE PARTICIPATES IN; OR
   (IV) THE PROPOSED CONTRACT WOULD REASONABLY BE JUDGED TO CAUSE  FINAN-
 CIAL LOSS OR REPUTATIONAL DAMAGE TO THE COLLEGE; OR
   (V) THE PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE STUDENT-ATHLETE
 DURING TEAM ACTIVITIES; OR
   (VI)  THE  PROPOSED CONTRACT WOULD REQUIRE ACTIONS BY THE STUDENT-ATH-
 LETE DURING SCHEDULED CLASSES; OR
   (VII) THE PROPOSED CONTRACT WOULD USE THE COLLEGE'S NAME, BRAND, COPY-
 WRITTEN MATERIALS, TRADEMARKS, SERVICE MARKS, SYMBOLS, NICKNAMES,  TRADE
 DRESS,  INSIGNIA,  MASCOT, UNIFORM STYLES, COLORS, IMAGERY, CAMPUS LAND-
 MARKS, OR ANY OTHER INTELLECTUAL PROPERTY OR INDICIA; OR
   (VIII) THE PROPOSED CONTRACT  WOULD  REQUIRE  THE  STUDENT-ATHLETE  TO
 DISPLAY A SPONSOR'S PRODUCT, LOGO, BRAND, OR OTHER INDICIA, OR OTHERWISE
 ADVERTISE FOR A SPONSOR, DURING OFFICIAL TEAM ACTIVITIES; OR
   (IX)  THE  PROPOSED  CONTRACT  WOULD  REQUIRE  THE  STUDENT-ATHLETE TO
 DISPLAY A SPONSOR'S PRODUCT, LOGO, BRAND OR OTHER INDICIA, OR  OTHERWISE
 ADVERTISE  FOR  A  SPONSOR AT ANY TIME, AND SUCH SPONSOR IS A COMPETITOR
 OF, OR OFFERS PRODUCTS OR SERVICES WITHIN THE SAME CATEGORY AS A SPONSOR
 OF THE COLLEGE.
   7. A TEAM  OF  A  COLLEGE'S  ATHLETIC  PROGRAM  SHALL  NOT  PREVENT  A
 STUDENT-ATHLETE  FROM  USING THE STUDENT-ATHLETE'S NAME, IMAGE, OR LIKE-
 NESS FOR A COMMERCIAL PURPOSE WHEN THE STUDENT-ATHLETE IS NOT ENGAGED IN
 OFFICIAL TEAM ACTIVITIES, EXCEPT WHERE THERE IS A CONFLICT  PURSUANT  TO
 PARAGRAPH  (D)  OF SUBDIVISION SIX OF THIS SECTION OR ANY OTHER PROHIBI-
 TION IN THIS SECTION.
   8. EACH COLLEGE ATHLETIC PROGRAM THAT PARTICIPATES IN DIVISION 1  NCAA
 ATHLETICS  SHALL OFFER A STUDENT-ATHLETE ASSISTANCE PROGRAM OR PROGRAMS,
 DESIGNED TO PROVIDE STUDENT-ATHLETES PARTICIPATING IN DIVISION 1 ATHLET-
 ICS WITH TOOLS AIMED TO ENHANCE THEIR WELL-BEING AND EXPERIENCES IN  THE
 CLASSROOM,  OFF  THE  FIELD OF PLAY, AND BEYOND THEIR TENURE AS STUDENT-
 ATHLETES. THE STUDENT-ATHLETE ASSISTANCE PROGRAM MAY INCLUDE BUT NOT  BE
 LIMITED TO:
   (A)  A  DEDICATED  FINANCIAL DISTRESS FUND THAT WOULD SUPPORT STUDENT-
 ATHLETES IN TIMES OF FINANCIAL NEED.  DISBURSEMENTS FROM SUCH  FUND  ARE
 NOT COMPENSATION FOR THE PURPOSES OF THIS SECTION;
   (B) ACCESS TO ONGOING MENTAL HEALTH SUPPORT SERVICES PROVIDED BY COUN-
 SELORS  SPECIALLY  TRAINED TO UNDERSTAND THE UNIQUE ISSUES AND PRESSURES
 STUDENT-ATHLETES CONFRONT;
   (C) ACCESS TO BROAD-BASED FINANCIAL LITERACY TRAINING, WITH A SPECIFIC
 EMPHASIS ON THE ISSUES AND OPPORTUNITIES RELEVANT  TO  STUDENT-ATHLETES,
 DURING AND BEYOND THEIR TENURE AT THE COLLEGE;
   (D)  A  DEGREE  COMPLETION  ASSISTANCE  PROGRAM  THAT  PROVIDES FORMER
 STUDENT-ATHLETES WHO DISENROLLED  FROM  THE  COLLEGE  IN  GOOD  ACADEMIC
 STANDING  AND  WHO  EARNED  THE  NCAA ACADEMIC PROGRESS RATE ELIGIBILITY
 S. 5891--F                          4
 
 POINT FOR DIVISION  I  INSTITUTIONS,  BEFORE  COMPLETING  THEIR  DEGREE,
 ACCESS TO NEED-BASED FINANCIAL AID AND COUNSELING ASSISTANCE REQUIRED TO
 SUPPORT UNDERGRADUATE DEGREE COMPLETION;
   (E)  ACCESS TO TRAINING REGARDING SEX-BASED DISCRIMINATION AND HARASS-
 MENT THAT ENSURES STUDENT-ATHLETES FULLY  UNDERSTAND  THEIR  RIGHTS  AND
 RESPONSIBILITIES  UNDER  THE  LAW,  INCLUDING  HOW  TO  MAKE A REPORT OF
 DISCRIMINATION OR HARASSMENT ON THEIR CAMPUS;
   (F) ACCESS TO LEADERSHIP TRAINING THAT WILL  SET  THE  CONDITIONS  FOR
 STUDENT-ATHLETES  TO  BECOME  SUCCESSFUL  LEADERS, IMPROVE COMMUNICATION
 SKILLS, MAKE POSITIVE DECISIONS, AND MANAGE CONFLICT; AND
   (G) ACCESS TO A  CAREER  DEVELOPMENT  PROGRAM,  POSITIONED  TO  ASSIST
 STUDENT-ATHLETES  IN  TRANSFERRING  THE VALUABLE SKILLS DEVELOPED DURING
 INTERCOLLEGIATE ATHLETIC PARTICIPATION,  TO  A  SUCCESSFUL  POST-COLLEGE
 CAREER.
   §  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 and shall apply to contracts
 entered into, renewed, modified or amended on or after such date.

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senate Bill S5891F

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Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

Apr 26, 2022 - Higher Education committee Vote

Committee Vote: Apr 26, 2022

Jun 10, 2021 - floor Vote

Floor Vote: Jun 10, 2021

Jun 9, 2021 - Rules committee Vote

Committee Vote: Jun 9, 2021

Bill Amendments

Co-Sponsors

S5891 - Details

S5891 - Summary

S5891 - Sponsor Memo

S5891 - Bill Text download pdf

Co-Sponsors

S5891A - Details

S5891A - Summary

S5891A - Sponsor Memo

S5891A - Bill Text download pdf

Co-Sponsors

S5891B - Details

S5891B - Summary

S5891B - Sponsor Memo

S5891B - Bill Text download pdf

Co-Sponsors

S5891C - Details

S5891C - Summary

S5891C - Sponsor Memo

S5891C - Bill Text download pdf

Co-Sponsors

S5891D - Details

S5891D - Summary

S5891D - Sponsor Memo

S5891D - Bill Text download pdf

Co-Sponsors

S5891E - Details

S5891E - Summary

S5891E - Sponsor Memo

S5891E - Bill Text download pdf

Co-Sponsors

S5891F (ACTIVE) - Details

S5891F (ACTIVE) - Summary

S5891F (ACTIVE) - Sponsor Memo

S5891F (ACTIVE) - Bill Text download pdf

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