S T A T E O F N E W Y O R K
________________________________________________________________________
10964
I N A S S E M B L Y
April 14, 2026
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to student-athlete name,
image, and likeness compensation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6438-c of the education law, as added by chapter
622 of the laws of 2022, subdivision (a) of subdivision 1 and paragraph
(c) of subdivision 2 as amended and paragraph (d) of subdivision 2 as
added and such section as renumbered by chapter 154 of the laws of 2023,
is amended to read as follows:
§ 6438-c. Student-athlete NAME, IMAGE, AND LIKENESS compensation. 1.
For the purposes of this section:
(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]
(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[.];
(C) "COLLEGIATE SPORTS GOVERNING BODY" SHALL MEAN AN ATHLETIC ASSOCI-
ATION, CONFERENCE, OR OTHER GROUP OR ORGANIZATION WITH AUTHORITY OVER
INTERCOLLEGIATE ATHLETICS;
(D) "NIL" SHALL REFER TO NAME, IMAGE AND LIKENESS; AND
(E) "NIL ADVISOR" SHALL MEAN ANY INDIVIDUAL OR ENTITY, OTHER THAN A
LICENSED ATTORNEY OR REGISTERED ATHLETE AGENT, THAT FOR COMPENSATION
NEGOTIATES, ARRANGES, PROCURES, OR MATERIALLY ADVISES ON A STUDENT-ATH-
LETE NAME, IMAGE, AND LIKENESS AGREEMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15464-01-6
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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] FROM the use of the
student-athlete's name, image, or likeness, EXCEPT AS EXPRESSLY PERMIT-
TED UNDER THIS SECTION.
(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),] A
COLLEGIATE SPORTS GOVERNING BODY shall not prevent OR UNREASONABLY DELAY
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 NCAA,] A COLLEGIATE SPORTS GOVERNING BODY shall not
[prevent] TAKE ANY ADVERSE ACTION AGAINST a college [from: (i) partic-
ipating in intercollegiate athletics]: (I) as a result of allowing a
student-athlete TO EARN COMPENSATION pursuant to this section [from
earning compensation as a result of the use of the student-athlete's
name, image, or likeness]; or (ii) BECAUSE AN INDIVIDUAL OR ENTITY WHOSE
PURPOSE INCLUDES SUPPORTING OR BENEFITTING THE COLLEGE OR ITS ATHLETIC
PROGRAMS OR STUDENT-ATHLETES VIOLATES THE COLLEGIATE SPORTS GOVERNING
BODY'S RULES WITH REGARD TO A STUDENT-ATHLETE'S NAME, IMAGE, OR LIKE-
NESS. A COLLEGIATE SPORTS GOVERNING BODY SHALL NOT TAKE ANY ADVERSE
ACTION AGAINST A COLLEGE, OR ANY INDIVIDUAL OR ENTITY WHOSE PURPOSE
INCLUDES SUPPORTING OR BENEFITTING THE COLLEGE OR ITS ATHLETIC PROGRAMS
OR STUDENT-ATHLETES, FOR ENTERING INTO CONTRACTS FOR A STUDENT-ATHLETE
TO EARN COMPENSATION FOR THE STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS;
OR (III) identifying, facilitating, enabling, or supporting [opportu-
nities for a student-athlete to earn compensation for the student-
athlete's] LAWFUL name, image, or likeness OPPORTUNITIES.
(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 like-
ness.] A COLLEGE OR AFFILIATED ENTITY SHALL NOT DIRECTLY OR INDIRECTLY
CONDITION PLAYING TIME, SCHOLARSHIP STATUS, TEAM PARTICIPATION, ROSTER
POSITION, OR OTHER ATHLETIC BENEFITS ON A STUDENT-ATHLETE'S PARTIC-
IPATION IN ANY SPECIFIC NAME, IMAGE, AND LIKENESS OPPORTUNITY.
3. (A) A college[, athletic association, conference, or other group or
organization with authority over intercollegiate athletics] OR COLLEGI-
ATE SPORTS GOVERNING BODY shall not provide COMPENSATION TO a prospec-
tive student-athlete [with compensation] in relation to the student-
athlete's name, image, or likeness.
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(B) ANY NAME, IMAGE, AND LIKENESS AGREEMENT INVOLVING A PROSPECTIVE
STUDENT-ATHLETE WHO IS A MINOR SHALL: (I) REQUIRE WRITTEN CONSENT OF A
PARENT OR LEGAL GUARDIAN; (II) INCLUDE CLEAR WRITTEN DISCLOSURE OF MATE-
RIAL TERMS IN PLAIN LANGUAGE; AND (III) PROVIDE A RESCISSION PERIOD OF
NOT LESS THAN FIVE BUSINESS DAYS DURING WHICH THE AGREEMENT MAY BE VOID-
ED WITHOUT PENALTY.
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] MAY OBTAIN professional OR
OTHER representation in [relation to] CONNECTION WITH name, image, or
likeness [contracts or legal] matters, including[, but not limited to,]
representation [provided] by LICENSED ATTORNEYS, REGISTERED athlete
agents [or legal representation provided by attorneys], OR NIL ADVISORS.
(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. ATHLETE AGENTS AND ATTOR-
NEYS SHALL PROVIDE STUDENT-ATHLETES WITH PROOF OF REGISTRATION OR LICEN-
SURE PRIOR TO ENTERING AN AGREEMENT FOR REPRESENTATION.
(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, AND ALL APPLICABLE
PORTIONS OF ARTICLE THIRTY-NINE-E OF THE GENERAL BUSINESS LAW, in their
relationships with student-athletes.
(D) ATHLETE AGENTS, ATTORNEYS, AND NIL ADVISORS REPRESENTING STUDENT-
ATHLETES SHALL HAVE A FIDUCIARY DUTY TO ACT IN THE BEST INTEREST OF
STUDENT-ATHLETES.
(E) ATHLETE AGENTS, ATTORNEYS, AND NIL ADVISORS AND REPRESENTING
STUDENT-ATHLETES SHALL HAVE AN ONGOING DUTY TO DISCLOSE ACTUAL OR POTEN-
TIAL CONFLICTS OF INTEREST TO ANY STUDENT-ATHLETES REPRESENTED BY THE
ATHLETE AGENT, ATTORNEY OR NIL ADVISOR.
(F) ANY AGREEMENTS GOVERNING AN ATHLETE AGENT, ATTORNEY OR NIL ADVI-
SOR'S REPRESENTATION OF A STUDENT-ATHLETE SHALL:
(I) BE IN WRITING;
(II) INCLUDE A DEFINED TERM PERIOD WHICH SHALL NOT AUTOMATICALLY RENEW
AND SHALL NOT EXTEND BEYOND THE SOONER OF THE STUDENT-ATHLETE'S ELIGI-
BILITY TO PARTICIPATE, OR ACTUAL PARTICIPATION, IN INTERCOLLEGIATE
ATHLETICS;
(III) INCLUDE DEFINED AND CLEAR TERMINATION RIGHTS FOR THE STUDENT-
ATHLETE, WHICH SHALL INCLUDE, AT A MINIMUM, THE STUDENT-ATHLETE'S OPTION
TO TERMINATE THE AGREEMENT UPON THE ATHLETE AGENT, ATTORNEY, OR NIL
ADVISOR'S MATERIAL BREACH OF THE AGREEMENT OR VIOLATION OF ANY APPLICA-
BLE LAWS; AND
(IV) CLEARLY DEFINE ANY AND ALL FEES, COSTS OR EXPENSES THAT THE
STUDENT-ATHLETE WILL INCUR UNDER THE AGREEMENT, INCLUDING BUT NOT LIMIT-
ED TO ANY FEES THAT THE ATHLETE AGENT, ATTORNEY OR NIL ADVISOR WILL
CHARGE.
(G) ANY AGREEMENTS GOVERNING AN ATHLETE AGENT, ATTORNEY OR NIL ADVI-
SOR'S REPRESENTATION OF A STUDENT-ATHLETE SHALL NOT:
(I) INCLUDE TERMS THAT REQUIRE ARBITRATION AND/OR MEDIATION AS THE
EXCLUSIVE MEANS OF DISPUTE RESOLUTION AVAILABLE TO THE STUDENT-ATHLETE
OR THAT WAIVE THE STUDENT-ATHLETE'S RIGHT TO PURSUE REMEDIES IN A COURT
OF COMPETENT JURISDICTION. NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT A STUDENT-ATHLETE AND AN ATHLETE AGENT, ATTORNEY
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OR NIL ADVISOR FROM VOLUNTARILY AGREEING TO SUBMIT A DISPUTE TO ARBI-
TRATION OR MEDIATION AFTER SUCH DISPUTE HAS ARISEN;
(II) PROVIDE OR OFFER A STUDENT-ATHLETE, PROSPECTIVE STUDENT-ATHLETE,
OR STUDENT-ATHLETE'S PARENT OR LEGAL GUARDIAN AN ADVANCE PAYMENT, LOAN,
OR OTHER THING OF VALUE PRIOR TO THE STUDENT-ATHLETE'S ENROLLMENT AT A
COLLEGE, EXCEPT AS PERMITTED UNDER THE FEDERAL SPORTS AGENT RESPONSIBIL-
ITY AND TRUST ACT;
(III) REQUIRE REPAYMENT OF ANY ADVANCE PAYMENT, LOAN, OR BENEFIT
PROVIDED TO A STUDENT-ATHLETE, PROSPECTIVE STUDENT-ATHLETE, OR STUDENT-
ATHLETE'S PARENT OR LEGAL GUARDIAN IN AN AMOUNT EXCEEDING THE PRINCIPAL
AMOUNT ADVANCED, EXCLUDING REASONABLE INTEREST AT A RATE NOT TO EXCEED
THE APPLICABLE FEDERAL RATE ESTABLISHED BY THE INTERNAL REVENUE SERVICE
PURSUANT TO SECTION 1274(D) OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED; OR
(IV) GRANT THE ATHLETE AGENT, ATTORNEY OR NIL ADVISOR ANY SHARE,
PERCENTAGE, OR INTEREST IN THE STUDENT-ATHLETE OR PROSPECTIVE STUDENT-
ATHLETE'S FUTURE EARNINGS THAT ACCRUE AFTER THE SOONER OF THE STUDENT-
ATHLETE OR PROSPECTIVE STUDENT-ATHLETE'S ELIGIBILITY TO PARTICIPATE, OR
ACTUAL PARTICIPATION, IN INTERCOLLEGIATE ATHLETICS.
(H) AGREEMENTS THAT: (I) DO NOT SATISFY THE REQUIREMENTS OF PARAGRAPH
(G) OF THIS SUBDIVISION; OR (II) ARE BETWEEN A STUDENT-ATHLETE AND AN
ATHLETE AGENT OR ATTORNEY WHO IS NOT PROPERLY LICENSED OR REGISTERED IN
COMPLIANCE WITH APPLICABLE RULES, REGULATIONS AND LAWS, SHALL BE UNEN-
FORCEABLE AS AGAINST THE STUDENT-ATHLETE. ANY DEVIATIONS FROM THOSE
FEES, COSTS OR EXPENSES DISCLOSED UNDER SUBPARAGRAPH (IV) OF PARAGRAPH
(F) OF THIS SUBDIVISION WHICH HAVE NOT BEEN EXPRESSLY AGREED TO IN WRIT-
ING BY A STUDENT-ATHLETE SHALL BE UNENFORCEABLE AS AGAINST THE STUDENT-
ATHLETE.
(I) A STUDENT-ATHLETE SHALL HAVE A RIGHT OF ACTION AGAINST AN ATHLETE
AGENT, ATTORNEY OR NIL ADVISOR FOR DAMAGES CAUSED BY ANY VIOLATION OF
THIS SUBDIVISION. IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, A COURT
MAY AWARD INJUNCTIVE RELIEF AND ANY OTHER REMEDY AVAILABLE AT LAW OR IN
EQUITY TO A STUDENT-ATHLETE AND MAY AWARD REASONABLE ATTORNEYS' FEES TO
A PREVAILING PLAINTIFF STUDENT-ATHLETE.
5. A scholarship [from the college in which a student-athlete is
enrolled that provides the student-athlete with] PROVIDING the cost of
attendance [at that college is not compensation for purposes of this
section, and a scholarship] shall not be revoked, REDUCED, OR CONDI-
TIONED due to A STUDENT-ATHLETE earning compensation [as a result of the
use of the student-athlete's] FROM name, image, or likeness[, or due to]
ACTIVITIES OR obtaining [legal or athletic agent] representation [in
relation to name, image, or likeness matters] AS PERMITTED UNDER THIS
SECTION.
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. A
COLLEGE SHALL RESPOND TO SUCH DISCLOSURE WITHIN SEVEN BUSINESS DAYS.
(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
A. 10964 5
required to disclose any financial terms of such contract unless other-
wise 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 WITHOUT THE CONSENT
OF THE COLLEGE; 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.
(E) A STUDENT-ATHLETE MAY APPEAL A CONFLICT DETERMINATION BY A COLLEGE
THROUGH A NEUTRAL INSTITUTIONAL OR STATEWIDE REVIEW PROCESS ESTABLISHED
PURSUANT TO THIS SECTION. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED
TO OVERRIDE OR IMPAIR RIGHTS ESTABLISHED UNDER ANY OTHER AGREEMENT
VOLUNTARILY ENTERED INTO BY THE STUDENT-ATHLETE.
7. A [team of a college's athletic program shall not prevent a]
student-athlete [from using the student-athlete's] MAY ENGAGE IN name,
image, or likeness [for a commercial purpose] ACTIVITIES 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 prohibition in this section] SUBJECT ONLY
TO LAWFUL CONFLICT DETERMINATIONS UNDER SUBDIVISION SIX OF 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;
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(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,
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.] INSTITUTIONS PROVIDING NAME, IMAGE, AND LIKENESS COMPENSATION
TO STUDENT-ATHLETES SHALL OFFER STUDENT-ATHLETE ASSISTANCE PROGRAMS,
INCLUDING MENTAL HEALTH SERVICES, FINANCIAL LITERACY EDUCATION, DEGREE
COMPLETION SUPPORT, AND CAREER DEVELOPMENT. INSTITUTIONS SHALL ANNUALLY
REPORT TO THE COMMISSIONER, IN AGGREGATE FORM, THE AVAILABILITY AND
UTILIZATION OF SUCH PROGRAMS.
9. (A) A STUDENT-ATHLETE, COLLEGE, AND ANY INDIVIDUAL OR ENTITY WHOSE
PURPOSE INCLUDES SUPPORTING OR BENEFITTING THE COLLEGE OR ITS ATHLETIC
PROGRAMS OR STUDENT-ATHLETES, THAT IS SUBJECTED TO ANY ADVERSE ACTION BY
A COLLEGIATE SPORTS GOVERNING BODY FOR CONDUCT PERMITTED UNDER THIS
SECTION MAY SEEK INJUNCTIVE RELIEF, DAMAGES, ATTORNEYS' FEES, AND ANY
OTHER REMEDY AVAILABLE AT LAW OR IN EQUITY.
(B) THE COMMISSIONER SHALL DESIGNATE OR ESTABLISH A STUDENT-ATHLETE
NIL AND ATHLETE OMBUDSPERSON TO PROVIDE GUIDANCE ON THE INTERACTION
BETWEEN INDIVIDUAL NIL RIGHTS AND OTHER RIGHTS, ASSIST WITH COMPLAINTS,
AND FACILITATE NON-JUDICIAL DISPUTE RESOLUTION.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH, WAIVE, OR
AUTOMATICALLY INCORPORATE INDIVIDUAL NAME, IMAGE, AND LIKENESS RIGHTS
INTO ANY AGREEMENT ABSENT THE STUDENT-ATHLETE'S INFORMED AND VOLUNTARY
CONSENT.
§ 2. This act shall take effect immediately and shall apply to agree-
ments entered into, renewed, modified, or extended on or after the
effective date.