What's happening
This bill allows college student athletes in New York to receive compensation for the use of their name, image, or likeness without affecting their scholarships.
Why it matters
Empowers student athletes with new earning opportunities. The bill ensures that college athletes in New York can profit from their own name, image, or likeness, which could provide crucial income, particularly for those who may not go on to professional sports careers.
Restricts outside control over athlete earnings. Organizations like the NCAA and athletic conferences are specifically barred from penalizing colleges or athletes for compensation related to name, image, or likeness, signaling a significant shift in the traditional governance of college sports.
Protects athlete rights to professional representation. The bill explicitly allows student athletes to hire licensed agents and attorneys for contract and legal matters, giving them access to professional guidance and leveling the playing field in negotiations with third parties.
Establishes conflict and disclosure protocols. Student athletes must disclose endorsement contracts to their college, and colleges must clarify any conflicts with team contracts, creating a system of transparency and helping athletes avoid inadvertent violations.
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Who cares
Headline styles
Let College Athletes Get Paid
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to higher education
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6761
2019-2020 Regular Sessions
IN SENATE
October 2, 2019
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to authorizing student athletes to receive compensation for the use of his or her name, image, or likeness
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 6438-a 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 as a result of the use of the student's name, image, or likeness. Earning compensation 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 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 result of the compensation of a student athlete for the use of the athlete's name, image, or likeness.
2. A college, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13872-01-9
S. 6761 2
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 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 athlete 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 representation 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 student 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.
§ 2. This act shall take effect immediately.
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 authorizing student athletes to receive compensation for the use of his or her name, image, or likeness
Summary of specific provisions
Section 1, paragraph 1, subparts (a), (b) and (c) of the bill details that college athletes are authorized to receive compensation for use of their name, image, or likeness; colleges and universities are barred from preventing student athletes from obtaining compensation. Addi- tionally, athletic conferences, athletic associations and the National Collegiate Athletic Association (NCAA) are barred from preventing student athletes from being compensated for the use of their name, image, or likeness. Further, the NCAA cannot prevent a college or university from participating in intercollegiate athletics due to the compensation of a student athlete.
Section 1, paragraph 2 prevents a college or university, athletic asso- ciation, conference, or other group or organization from providing a prospective athlete with compensation in relation to their name, image, or likeness.
Section 1, paragraph 3, subpart (a) prevents a college or university, athletic association, conference, or other group from denying a student athlete from obtaining professional representation.
Section 1, paragraph 3, subpart (b) and (c) state that professional representatives of student athletes are to be registered and/or licensed by the state of New York and that they are to comply with the federal Sports Agent Responsibility and Trust Act.
Section 1, paragraph 4 states that scholarships are not compensation.
Section 1, paragraph 5, subparts (a) and (b) outline that a student athlete is prohibited from entering into a contract providing them with compensation that is in conflict with a provision of the athlete's team contract. And that an athlete is to disclose to the college or universi- ty any contract they have signed that will provide them with compen- sation for the use of their name, image, and likeness.
Section 1, paragraph 5, subpart (c) allows for a college or university to assert a conflict related to a contract entered into by a student athlete in relation to a contract entered into by said college or university.
Section 1, paragraph 6 states that 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.
Section 2 marks the effect date.
Justification
College sports is a multi-billion dollar industry in the United States, which provides entertainment for millions of Americans every week and millions of dollars in revenue to many programs operating on college campuses. This bill allows for student athletes who participate at these colleges or universities to capitalize on the use of their name, image, or likeness. It is only fair that these student athletes should be compensated appropriately considering the attention that they bring to the colleges or universities they attend, as well as the national media outlets that broadcast their games week in and week out.
Prior legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.