S T A T E   O F   N E W   Y O R K
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                                  8620--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Higher Education -- 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  ASSEM-
 BLY, 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. EARN-
 ING COMPENSATION PURSUANT TO THIS SECTION INCLUDING FROM THE  USE  OF  A
 STUDENT'S NAME, IMAGE, OR LIKENESS SHALL NOT AFFECT THE STUDENT'S SCHOL-
 ARSHIP ELIGIBILITY.
   (B)  AN  ATHLETIC ASSOCIATION, CONFERENCE, OR OTHER GROUP OR ORGANIZA-
 TION 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  ATHLET-
 ICS  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  ORGANIZA-
 TION  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 PURSUANT TO THIS SECTION
 INCLUDING FOR THE USE OF THE STUDENT'S NAME, IMAGE, OR LIKENESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD12040-08-9

 A. 8620--A                          2
 
   (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 PURSU-
 ANT 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 CHAP-
 TER 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  COMPEN-
 SATION  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  DESIG-
 NATED 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  REPRE-
 SENTATION 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 REVEN-
 UE  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
 SHALL  BE  DETERMINED  BY  THE  DEPARTMENT. A QUALIFYING INJURY SHALL BE

 A. 8620--A                          3
 
 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 CHAN-
 CELLOR 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 COMPEN-
 SATION. 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 SUBDI-
 VISION 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.