What's happening
This bill allows New York college athletes to earn compensation for their name, image, or likeness without losing eligibility, and establishes related protections and funds.
Why it matters
Significantly expands economic rights for student-athletes. , allowing them to profit from their name, image, and likeness (NIL) without jeopardizing their athletic scholarships or eligibility—potentially reshaping college sports’ traditional amateur model in New York.
Restricts the power of colleges and national athletic organizations (like the NCAA). by forbidding them from punishing athletes or schools for NIL compensation, and by preventing these entities from interfering with student-athletes' ability to secure professional legal or agent representation.
Mandates colleges to allocate 15% of athletics revenue annually. into two funds: one for wage payments distributed evenly among all student-athletes, and another as a health savings account to compensate those who suffer career-ending or serious injuries—directly addressing athlete welfare and financial equity.
Establishes a working group to study NIL issues for community college athletes. , signaling possible future reforms for two-year institutions, even though community colleges are currently exempt from the bill’s main requirements.
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Who cares
Headline styles
Pay College Athletes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to higher education
- Print number 6722b
- Amend and recommit to rules
- Print number 6722a
- Amend (t) and recommit to rules
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let College Athletes Get Paid
In Assembly Committee · Higher Education · Sponsor Michaelle C. Solages
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6722--B
2019-2020 Regular Sessions
IN SENATE
September 16, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- 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 Assembly, 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. Earning compensation pursuant to this section including from 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 organization 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 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 organization 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12040-07-9
S. 6722--B 2
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 pursuant 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 chapter 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 compensation 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 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 representation 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 revenue 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
S. 6722--B 3
shall be determined by the department. A qualifying injury shall be 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 chancellor 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 compensation. 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.
3. On or before July first, two thousand twenty-one, the working group shall provide a report to the governor, the speaker of the assembly, the temporary president of the senate and the chancellor of the state university of New York, which contains such working group's findings 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 prob- lem is you will not see any financial gains from your blood , sweat and tears (and possible career ending broken bones)-- until after you gradu- ate 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, 2023
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.