NY State Senate Bill 2023-S7388A

Senate Bill S7388A

2023-2024 Legislative Session

Relates to permissible activities for athletic associations, conferences, or other groups or organizations with authority over intercollegiate athletics

download bill text pdf

Current Bill Status Via A7107 - Passed Senate

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2023	returned to assembly passed senate 3rd reading cal.1713 substituted for s7388a
Jun 07, 2023	substituted by a7107b ordered to third reading cal.1713 committee discharged and committed to rules
May 25, 2023	print number 7388a
May 25, 2023	amend and recommit to higher education
May 22, 2023	referred to higher education

Votes

- Jun 7, 2023 - Floor Vote
  A7107
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Gallivan
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S7388A
  
  16
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (2)
      
      Gallivan
      
      Stec
      
      aye wr (3)
      
      Griffo
      
      Helming
      
      O'Mara

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7388 - Details

See Assembly Version of this Bill:: A7107
Law Section:: Education Law
Laws Affected:: Ren §6438-a to be §6438-c, amd §6438-c, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S7388, A7107

2023-S7388 - Summary

Relates to permissible activities for athletic associations, conferences, or other groups or organizations with authority over intercollegiate athletics and to the definition of student-athlete; makes a technical change.

2023-S7388 - Sponsor Memo

                                 
BILL NUMBER: S7388

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the education law, in relation to permissible activities
for athletic associations, conferences, or other groups or organizations
with authority over intercollegiate athletics and the definition of
student-athlete

 
PURPOSE:

To enhance New York State's ability to attract student-athletes, and to
provide student-athletes with better name, images, and likeness opportu-
nities.

 
SUMMARY:

Section 1. Amends section 6438-a of the education law, as added by chap-
ter 622 of the laws of 2022, by renumbering section 6438-c.

Section 2. Amends paragraph (a) of subdivision 1 of section 6438-c of

the education law, as added by chapter 622 of the laws of 2022 and such
section as renumbered by section 1 of this act.

Section 3. Amends Paragraph (c) of subdivision 2 of section 6438-c of
the education law, as added by chapter 622 of the laws of 2022 and such
section as renumbered by section 1 of this act, and a new paragraph (d)
is added.

Section 4. Sets the effective date.

 
JUSTIFICATION:

Name, image, and likeness deals provide student-athletes with life-
changing financial opportunities for their hard work. However, in order
to keep New York State universities competitive, we must adapt New
York's 2022 law to keep up with the changing athletic landscape.

In other states, outside "collectives" funded by superfans provide
financial compensation to student-athletes who attend their preferred
universities. By amending New York's name, image, and likeness law, this
bill will allow for that practice, which will provide a competitive edge
to NYS universities.

 
RACIAL JUSTICE IMPACT:

This bill will expand New York's name, image, and likeness law which
provides opportunities to student-athletes who are often young people of
color. Allowing for compensation for hard work and skill will provide
economic prosperity for the family that raised a student-athlete.

 
GENDER JUSTICE IMPACT:

TBD.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7388 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7388
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to permissible activities
   for athletic associations, conferences, or other groups  or  organiza-
   tions with authority over intercollegiate athletics and the definition
   of student-athlete
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6438-a of the education law, as  added  by  chapter
 622 of the laws of 2022, is renumbered section 6438-c.
   § 2. Paragraph (a) of subdivision 1 of section 6438-c of the education
 law,  as  added  by  chapter 622 of the laws of 2022 and such section as
 renumbered by section 1 of this act, is  amended to read as follows:
   (a) "student-athlete" shall mean (I) a student enrolled at  a  college
 and  participating  in  intercollegiate athletics, OR (II) AN INDIVIDUAL
 WHO HAS COMPLETED AT LEAST THEIR FRESHMAN YEAR OF HIGH SCHOOL OR  INTER-
 NATIONAL  EQUIVALENT  AND IS ELIGIBLE, OR MAY IN THE FUTURE BE ELIGIBLE,
 TO ATTEND A COLLEGE AND PARTICIPATE IN INTERCOLLEGIATE  ATHLETICS.  SUCH
 TERM  SHALL  NOT INCLUDE AN INDIVIDUAL PERMANENTLY INELIGIBLE TO PARTIC-
 IPATE IN A PARTICULAR INTERSCHOLASTIC OR INTERCOLLEGIATE SPORT; and
   § 3. Paragraph (c) of subdivision 2 of section 6438-c of the education
 law, as added by chapter 622 of the laws of 2022  and  such  section  as
 renumbered by section 1 of this act, is  amended and a new paragraph (d)
 is added to read as follows:
   (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)] 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] IDENTIFYING, FACILITATING, ENABLING,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11597-01-3

 S. 7388                             2
 
 OR SUPPORTING OPPORTUNITIES FOR A STUDENT-ATHLETE TO  EARN  COMPENSATION
 FOR THE STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS ACTIVITIES.
   (D)  AN  ATHLETIC ASSOCIATION, CONFERENCE, OR OTHER GROUP OR ORGANIZA-
 TION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS, INCLUDING,  BUT  NOT
 LIMITED  TO  THE  NCAA,  SHALL  NOT,  AND SHALL NOT AUTHORIZE ITS MEMBER
 INSTITUTIONS TO:
   (I) PREVENT A COLLEGE FROM PARTICIPATION IN INTERCOLLEGIATE  ATHLETICS
 BECAUSE A STUDENT-ATHLETE IN ATTENDANCE HAS PREVIOUSLY EARNED OR INTENDS
 TO  EARN COMPENSATION FOR THE USE OF HIS OR HER NAME, IMAGE, OR LIKENESS
 ACTIVITIES;
   (II) ENTERTAIN A COMPLAINT, OPEN AN INVESTIGATION, OR TAKE  ANY  OTHER
 ADVERSE  ACTION AGAINST A COLLEGE FOR ENGAGING IN ANY ACTIVITY PROTECTED
 IN THIS SECTION OR FOR INVOLVEMENT IN A STUDENT-ATHLETE'S  NAME,  IMAGE,
 OR LIKENESS ACTIVITIES; OR
   (III)  PENALIZE OR PREVENT A COLLEGE FROM PARTICIPATION IN INTERCOLLE-
 GIATE ATHLETICS BECAUSE AN INDIVIDUAL OR ENTITY WHOSE  PURPOSE  INCLUDES
 SUPPORTING  OR  BENEFITTING  THE  COLLEGE  OR  ITS  ATHLETIC PROGRAMS OR
 STUDENT-ATHLETES VIOLATES THE COLLEGIATE ATHLETIC ASSOCIATION'S RULES OR
 REGULATIONS WITH REGARD TO A STUDENT-ATHLETE'S NAME, IMAGE, OR  LIKENESS
 ACTIVITIES.
   § 4. This act shall take effect immediately.

co-Sponsors

2023-S7388A (ACTIVE) - Details

See Assembly Version of this Bill:: A7107
Law Section:: Education Law
Laws Affected:: Ren §6438-a to be §6438-c, amd §6438-c, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S7388, A7107

2023-S7388A (ACTIVE) - Summary

2023-S7388A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7388A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the education law, in relation to permissible activities
for athletic associations, conferences, or other groups or organizations
with authority over intercollegiate athletics and the definition of
student-athlete

 
PURPOSE:

To enhance New York State's ability to attract student-athletes, and to
provide student-athletes with better name, images, and likeness opportu-
nities.

 
SUMMARY:

Section 1. Amends section 6438-a of the education law, as added by chap-
ter 622 of the laws of 2022, by renumbering section 6438-c.

Section 2. Amends paragraph (a) of subdivision 1 of section 6438-c of

the education law, as added by chapter 622 of the laws of 2022 and such
section as renumbered by section 1 of this act.

Section 3. Amends Paragraph (c) of subdivision 2 of section 6438-c of
the education law, as added by chapter 622 of the laws of 2022 and such
section as renumbered by section 1 of this act, and a new paragraph (d)
is added.

Section 4. Sets the effective date.

 
JUSTIFICATION:

Name, image, and likeness deals provide student-athletes with life-
changing financial opportunities for their hard work. However, in order
to keep New York State universities competitive, we must adapt New
York's 2022 law to keep up with the changing athletic landscape.

In other states, outside "collectives" funded by superfans provide
financial compensation to student-athletes who attend their preferred
universities. By amending New York's name, image, and likeness law, this
bill will allow for that practice, which will provide a competitive edge
to NYS universities.

 
RACIAL JUSTICE IMPACT:

This bill will expand New York's name, image, and likeness law which
provides opportunities to student-athletes who are often young people of
color. Allowing for compensation for hard work and skill will provide
economic prosperity for the family that raised a student-athlete.

 
GENDER JUSTICE IMPACT:

TBD.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7388A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7388--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced by Sens. PARKER, GOUNARDES, MANNION -- read twice and ordered
   printed,  and  when printed to be 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 permissible activities
   for  athletic  associations, conferences, or other groups or organiza-
   tions with authority over intercollegiate athletics and the definition
   of student-athlete
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6438-a of the education law, as added by chapter
 622 of the laws of 2022, is renumbered section 6438-c.
   § 2. Paragraph (a) of subdivision 1 of section 6438-c of the education
 law, as added by chapter 622 of the laws of 2022  and  such  section  as
 renumbered by section one of this act, is  amended to read as follows:
   (a)  "student-athlete"  shall mean (I) a student enrolled at a college
 and participating in intercollegiate athletics, OR  (II)  AN  INDIVIDUAL
 WHO HAS COMPLETED AT LEAST THEIR SOPHOMORE YEAR OF HIGH SCHOOL OR INTER-
 NATIONAL  EQUIVALENT  AND IS ELIGIBLE, OR MAY IN THE FUTURE BE ELIGIBLE,
 TO ATTEND A COLLEGE AND PARTICIPATE IN INTERCOLLEGIATE  ATHLETICS.  SUCH
 TERM  SHALL  NOT INCLUDE AN INDIVIDUAL PERMANENTLY INELIGIBLE TO PARTIC-
 IPATE IN A PARTICULAR INTERSCHOLASTIC OR INTERCOLLEGIATE SPORT; and
   § 3. Paragraph (c) of subdivision 2 of section 6438-c of the education
 law, as added by chapter 622 of the laws of 2022  and  such  section  as
 renumbered  by  section one of this act, is  amended and a new paragraph
 (d) is added to read as follows:
   (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)]  NCAA,
 shall  not  prevent a college from: (I) participating in intercollegiate
 athletics as a result of allowing a  student-athlete  pursuant  to  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11597-02-3

 S. 7388--A                          2
 
 section from earning compensation as a result of the use of the student-
 athlete's  name,  image, or likeness; OR (II) IDENTIFYING, FACILITATING,
 ENABLING, OR SUPPORTING OPPORTUNITIES  FOR  A  STUDENT-ATHLETE  TO  EARN
 COMPENSATION FOR THE STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS.
   (D)  AN  ATHLETIC ASSOCIATION, CONFERENCE, OR OTHER GROUP OR ORGANIZA-
 TION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS, INCLUDING,  BUT  NOT
 LIMITED TO THE NCAA, SHALL NOT AND SHALL NOT AUTHORIZE ITS MEMBER INSTI-
 TUTIONS TO:
   (I)  PREVENT A COLLEGE FROM PARTICIPATION IN INTERCOLLEGIATE ATHLETICS
 BECAUSE A STUDENT-ATHLETE IN ATTENDANCE HAS PREVIOUSLY EARNED OR INTENDS
 TO EARN COMPENSATION FOR THE USE OF HIS OR HER NAME, IMAGE, OR LIKENESS;
   (II) ENTERTAIN A COMPLAINT, OPEN AN INVESTIGATION, OR TAKE  ANY  OTHER
 ADVERSE  ACTION AGAINST A COLLEGE FOR ENGAGING IN ANY ACTIVITY PROTECTED
 IN THIS SECTION OR FOR INVOLVEMENT IN A STUDENT-ATHLETE'S  NAME,  IMAGE,
 OR LIKENESS; OR
   (III)  PENALIZE OR PREVENT A COLLEGE FROM PARTICIPATION IN INTERCOLLE-
 GIATE ATHLETICS BECAUSE AN INDIVIDUAL OR ENTITY WHOSE  PURPOSE  INCLUDES
 SUPPORTING  OR  BENEFITTING  THE  COLLEGE  OR  ITS  ATHLETIC PROGRAMS OR
 STUDENT-ATHLETES VIOLATES THE COLLEGIATE ATHLETIC ASSOCIATION'S RULES OR
 REGULATIONS WITH REGARD TO A STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS.
   § 4. This act shall take effect immediately.

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Senate Bill S7388A

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status Via A7107 - Passed Senate

Bill Amendments

co-Sponsors

Andrew Gounardes

John W. Mannion

2023-S7388 - Details

2023-S7388 - Summary

2023-S7388 - Sponsor Memo

2023-S7388 - Bill Text download pdf

co-Sponsors

Jamaal T. Bailey

Leroy Comrie

Andrew Gounardes

John W. Mannion

2023-S7388A (ACTIVE) - Details

2023-S7388A (ACTIVE) - Summary

2023-S7388A (ACTIVE) - Sponsor Memo

2023-S7388A (ACTIVE) - Bill Text download pdf

Comments