Relates to permissible activities for athletic associations, conferences, or other groups or organizations with authority over intercollegiate athletics and to the definition of student-athlete; makes a technical change.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7107B
SPONSOR: Solages TITLE OF BILL:
An act to to amend the education law, in relation to permissible activ-
ities for athletic associations, conferences, or other groups or organ-
izations with authority over intercollegiate athletics and the defi-
nition of student-athlete
PURPOSE:
To enhance New York State's ability to attract student-athletes, and to
provide student-athletes with better name, images, and likeness opportu-
nities.
SUMMARY:
Section 1. Renumbers Section 6438-a of the Education Law as § 6438-c.
Section 2. Amends the definition of "student-athlete" in Section
6438-c(1)(a) of the Education law.
Section 3. Amends Section 6438-c(2) to ensure that no athletic associ-
ation, conference, or other group or organization with authority over
intercollegiate athletics can take certain actions against a college for
activities set forth therein.
Section 4. Sets the effective date.
JUSTIFICATION:
Name, image, and likeness deals provide student-athletes with life-
changing financial opportunities for their hard work. However, in order
to keep New York State universities competitive, we must adapt New
York's 2022 law to keep up with the changing athletic landscape.
In other states, outside "collectives" funded by superfans provide
financial compensation to student-athletes who attend their preferred
universities. By amending New York's name, image, and likeness law, this
bill will allow for that practice, which will provide a competitive edge
to NYS universities.
RACIAL JUSTICE IMPACT:
This bill will expand New York's name, image, and likeness law which
provides opportunities to student-athletes who are often young people of
color. Allowing for compensation for hard work and skill will provide
economic prosperity for the family that raised a student-athlete.
GENDER JUSTICE IMPACT:
TBD.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7107--B
2023-2024 Regular Sessions
IN ASSEMBLY
May 11, 2023
___________
Introduced by M. of A. SOLAGES, STIRPE, HUNTER, MAGNARELLI, FAHY -- read
once and referred to the Committee on Education -- reference changed
to the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported and referred to the Committee on Rules -- Rules
Committee discharged, bill amended, ordered reprinted as amended and
recommitted to the Committee on Rules
AN ACT to amend the education law, in relation to permissible activities
for athletic associations, conferences, or other groups or organiza-
tions with authority over intercollegiate athletics and the definition
of student-athlete
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6438-a of the education law, as added by chapter
2 622 of the laws of 2022, is renumbered section 6438-c.
3 § 2. Paragraph (a) of subdivision 1 of section 6438-c of the education
4 law, as added by chapter 622 of the laws of 2022 and such section as
5 renumbered by section one of this act, is amended to read as follows:
6 (a) "student-athlete" shall mean (i) a student enrolled at a college
7 and participating in intercollegiate athletics, or (ii) an individual
8 who has completed at least their sophomore year of high school or inter-
9 national equivalent and is eligible, or may in the future be eligible,
10 to attend a college and participate in intercollegiate athletics. Such
11 term shall not include an individual permanently ineligible to partic-
12 ipate in a particular interscholastic or intercollegiate sport; and
13 § 3. Paragraph (c) of subdivision 2 of section 6438-c of the education
14 law, as added by chapter 622 of the laws of 2022 and such section as
15 renumbered by section one of this act, is amended and a new paragraph
16 (d) is added to read as follows:
17 (c) An athletic association, conference, or other group or organiza-
18 tion with authority over intercollegiate athletics, including, but not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11248-07-3
A. 7107--B 2
1 limited to, the [National Collegiate Athletic Association (NCAA)] NCAA,
2 shall not prevent a college from: (i) participating in intercollegiate
3 athletics as a result of allowing a student-athlete pursuant to this
4 section from earning compensation as a result of the use of the student-
5 athlete's name, image, or likeness; or (ii) identifying, facilitating,
6 enabling, or supporting opportunities for a student-athlete to earn
7 compensation for the student-athlete's name, image, or likeness.
8 (d) An athletic association, conference, or other group or organiza-
9 tion with authority over intercollegiate athletics, including, but not
10 limited to the NCAA, shall not and shall not authorize its member insti-
11 tutions to:
12 (i) prevent a college from participation in intercollegiate athletics
13 because a student-athlete in attendance has previously earned or intends
14 to earn compensation for the use of his or her name, image, or likeness;
15 (ii) entertain a complaint, open an investigation, or take any other
16 adverse action against a college for engaging in any activity protected
17 in this section or for involvement in a student-athlete's name, image,
18 or likeness; or
19 (iii) penalize or prevent a college from participation in intercolle-
20 giate athletics because an individual or entity whose purpose includes
21 supporting or benefitting the college or its athletic programs or
22 student-athletes violates the collegiate athletic association's rules or
23 regulations with regard to a student-athlete's name, image, or likeness.
24 § 4. This act shall take effect immediately.
