S T A T E O F N E W Y O R K
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11717
I N A S S E M B L Y
September 16, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to compensation received
by minor student-athletes from contracts for the use of a student-
athlete's name, image and likeness
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 is amended by adding a
new subdivision 9 to read as follows:
9. (A) THE PROVISIONS OF THIS SUBDIVISION APPLY TO A STUDENT-ATHLETE
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. THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO STUDENT-ATHLETES EIGH-
TEEN YEARS OF AGE OR OLDER.
(B) IF TOTAL COMPENSATION EARNED FROM THE USE OF A STUDENT-ATHLETE'S
NAME, IMAGE AND LIKENESS PAID TO A STUDENT-ATHLETE DURING A CALENDAR
YEAR IS TEN THOUSAND DOLLARS OR LESS, SUCH COMPENSATION MAY BE PAID
DIRECTLY TO THE STUDENT-ATHLETE OR THE PARENT OR LEGAL GUARDIAN OF SUCH
STUDENT-ATHLETE.
(C)(I) IF TOTAL COMPENSATION EARNED FROM THE USE OF A STUDENT-
ATHLETE'S NAME, IMAGE AND LIKENESS PAID TO A STUDENT-ATHLETE DURING A
CALENDAR YEAR EXCEEDS TEN THOUSAND DOLLARS, ALL AMOUNTS IN EXCESS OF TEN
THOUSAND DOLLARS SHALL BE DEPOSITED INTO A RESTRICTED TRUST ACCOUNT
ESTABLISHED FOR THE BENEFIT OF THE STUDENT-ATHLETE.
(II) THE TRUST ACCOUNT DESCRIBED IN THIS PARAGRAPH SHALL BE ADMINIS-
TERED IN A MANNER CONSISTENT WITH NEW YORK STATE LAW APPLICABLE TO
SETTLEMENT FUNDS INVOLVING A MINOR, EXCEPT AS MODIFIED BY THIS SUBDIVI-
SION.
(III) FUNDS HELD IN TRUST AS DESCRIBED IN THIS SUBPARAGRAPH SHALL NOT
BE RELEASED UNTIL THE STUDENT-ATHLETE GRADUATES FROM HIGH SCHOOL OR
ATTAINS THE AGE OF EIGHTEEN, WHICHEVER OCCURS FIRST.
(IV) THE TRUST ACCOUNT SHALL:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16167-01-6
A. 11717 2
(A) BE ESTABLISHED BY THE PARENT OR LEGAL GUARDIAN OF THE STUDENT-ATH-
LETE;
(B) PROHIBIT WITHDRAWALS EXCEPT BY COURT ORDER OR AS PROVIDED HEREIN;
AND
(C) BE SUBJECT TO JUDICIAL SUPERVISION UPON PETITION IF NECESSARY.
(D) THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL ADD, AMEND AND/OR
REPEAL ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF THIS
SUBDIVISION ON ITS EFFECTIVE DATE.
§ 2. This act shall take effect on the first of July next succeeding
the date upon which it shall have become a law and shall apply to all
contracts entered into by any student-athlete on and after such effec-
tive date.