Amendment S-3179 to HF 364

Filed April 28, 2021 in the Senate by Sen. Nate Boulton (D)

What it changes

1. Page 2, after line 24 by inserting: “Sec. ___. NEW SECTION . 9A.121 Compensation of student athletes —— limitation on postsecondary institutions.
2. a. A postsecondary educational institution shall not enforce any rule, requirement, standard, or other limitation that prevents a student athlete enrolled at the institution from fully participating in intercollegiate athletics and doing any of the following as a result of the use of the athlete’s name, image, or likeness rights, or athletic reputation, or that otherwise penalizes such an athlete: (1) Earning compensation. (2) Receiving food, shelter, or insurance coverage, or receiving payment for the cost of food, shelter, insurance coverage, or medical care. b. A student athlete’s financial aid eligibility, amount, duration, or renewal, or any other benefit for which the athlete is otherwise eligible, shall not be affected by the athlete receiving an item described in paragraph “a” , subparagraph (1) or (2), from the use of an athlete’s name, image, or likeness rights, or athletic reputation.
3. For purposes of this chapter, financial aid from a postsecondary educational institution in which a student athlete is enrolled is not compensation for use of the athlete’s name, image, and likeness rights, or athletic reputation. Such financial aid shall not be revoked or reduced as a result of an athlete receiving an item described in subsection 1, paragraph “a” , subparagraph (1) or (2), pursuant to this chapter. Sec. ___. NEW SECTION . 9A.122 Student athletes —— professional representation. A postsecondary educational institution shall not interfere with or prevent a student athlete enrolled at a postsecondary educational institution from fully participating in intercollegiate athletics for obtaining professional representation in relation to contracts or legal matters, including but not limited to representation by an athlete agent. Sec. ___. NEW SECTION . 9A.123 Student athletes —— contracts for advertising. A person shall not offer to enter into a contract with a student athlete to provide compensation to the athlete for use of the athlete’s name, image, or likeness rights, or athletics reputation that requires the athlete to engage in in-person advertising for the person during official, mandatory team activities without approval from the athlete’s postsecondary educational institution. Sec. ___. NEW SECTION . 9A.124 Disclosure of contract —— confidentiality. A student athlete who enters into a contract providing compensation to the athlete for use of the athlete’s name, image, or likeness rights, or athletics reputation, shall disclose the full contract to an official of the postsecondary educational institution at which the athlete is enrolled designated by the institution for that purpose. The institution and designated official shall not disclose to any other person the terms of such contract that the athlete or the athlete’s legal representative deems to be a trade secret or otherwise confidential. Sec. ___. NEW SECTION . 9A.125 Compensation outside of official, mandatory team activities. The terms of a team contract of a postsecondary educational institution’s athletic program shall not prevent a student athlete from receiving compensation for using the athlete’s name, image, or likeness rights, or athletic reputation for a commercial purpose when the athlete is not engaged in official, mandatory team activities if such activities are recorded in writing and made publicly available. Such team activities shall not exceed twenty hours per week during the athletic season and eight hours per week during the off-season. Sec. ___. EFFECTIVE DATE. The sections of this Act enacting sections 9A.121 through 9A.125, and the section of this Act relating to the applicability of such sections, being deemed of immediate importance, take effect upon enactment. Sec. ___. APPLICABILITY. Sections 9A.121 through 9A.125, as enacted by this Act, apply to any agreement or contract newly entered into, renewed, modified, or extended on or after the earlier of July 1, 2021; the effective date of any substantially similar state or federal law; or the effective date of an athletic association or athletic conference rule regarding name, image, and likeness compensation for student athletes if a postsecondary educational institution is a member of such athletic association or athletic conference. For purposes of this section, “agreement or contract” includes but is not limited to the national letter of intent, a student athlete’s financial aid agreement, a commercial contract, and rules or bylaws of an athletic conference or athletic association.”
4. Title page, by striking line 2 and inserting “compensation of student athletes, making penalties applicable, and including effective date and applicability provisions.”
5. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book