Read the full stored bill text
House
File
628
-
Introduced
HOUSE
FILE
628
BY
WOOD
A
BILL
FOR
An
Act
relating
to
compensation
and
name,
image,
and
1
likeness
rights
of
student
athletes
at
postsecondary
2
educational
institutions,
providing
remedies,
and
including
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
261K.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Institutional
marketing
associate”
means
any
third-party
4
entity
that
enters
into
an
agreement
with
a
postsecondary
5
educational
institution
or
its
intercollegiate
athletics
6
program
to
market
or
promote
the
postsecondary
educational
7
institution
or
its
intercollegiate
athletics
program,
or
to
8
otherwise
act
on
behalf
of
the
postsecondary
educational
9
institution
or
the
postsecondary
educational
institution’s
10
intercollegiate
athletics
program.
“Institutional
marketing
11
associate”
does
not
include
a
regulatory
body,
postsecondary
12
educational
institution,
postsecondary
educational
institution
13
staff
member,
or
their
respective
officers,
directors,
14
managers,
owners,
or
employees.
15
2.
“Postsecondary
educational
institution”
means
an
16
institution
of
higher
education
governed
by
the
state
board
17
of
regents,
a
community
college,
or
a
private
postsecondary
18
educational
institution
in
this
state.
19
3.
“Student
athlete”
means
an
individual
who
is
eligible
20
to
participate
in,
participates
in,
or
has
participated
in
21
an
intercollegiate
sport
for
a
postsecondary
educational
22
institution.
“Student
athlete”
does
not
include
an
individual
23
who
is
eligible
to
participate
in,
participates
in,
or
has
24
participated
in
a
college
intramural
sport
or
in
a
professional
25
sport
outside
of
intercollegiate
athletics.
26
4.
“Third
party”
means
any
individual
or
entity,
including
27
any
athlete
agent,
other
than
a
postsecondary
educational
28
institution,
athletic
conference,
or
athletic
association.
29
5.
“Unique
identifier”
means
any
of
the
following
developed
30
or
adopted
for
marketing
or
promotional
purposes
by
a
31
postsecondary
educational
institution
or
a
third
party:
32
a.
A
seal.
33
b.
A
logo.
34
c.
An
emblem.
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d.
A
motto.
1
e.
A
special
symbol.
2
f.
Institutional
colors.
3
g.
A
modifier
or
descriptor.
4
h.
A
design.
5
i.
A
patentable
or
copyrightable
item,
material,
or
6
information.
7
j.
Any
other
item,
material,
or
information
that
identifies
8
and
is
recognizable
as
unique
to
such
postsecondary
educational
9
institution
or
third
party.
10
Sec.
2.
NEW
SECTION
.
261K.2
Compensation
of
student
11
athletes
——
professional
representation.
12
1.
a.
(1)
A
postsecondary
educational
institution
13
shall
not
enforce
any
rule,
requirement,
standard,
or
other
14
limitation
of
an
athletic
association
or
athletic
conference
15
that
prevents
a
student
athlete
of
that
institution
from
fully
16
participating
in
intercollegiate
athletics
without
penalty
or
17
from
earning
compensation
as
a
result
of
the
use
of
the
student
18
athlete’s
name,
image,
likeness
rights,
or
athletic
reputation.
19
(2)
A
student
athlete’s
financial
aid
eligibility,
amount,
20
duration,
or
renewal,
or
any
other
benefit
for
which
the
21
student
athlete
is
otherwise
eligible,
shall
not
be
affected
by
22
the
student
athlete
earning
compensation
from
the
use
of
the
23
student
athlete’s
name,
image,
or
likeness
rights,
or
athletic
24
reputation.
25
b.
(1)
A
postsecondary
educational
institution
shall
26
not
interfere
with
or
prevent
a
student
athlete
from
fully
27
participating
in
intercollegiate
athletics
or
obtaining
28
professional
representation
without
penalty
in
relation
to
29
contracts
or
legal
matters
relating
to
earning
compensation
30
as
a
result
of
the
use
of
the
student
athlete’s
name,
image,
31
likeness
rights,
or
athletic
reputation,
including
but
32
not
limited
to
representation
provided
by
athlete
agents
33
or
financial
advisors
or
legal
representation
provided
by
34
attorneys.
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(2)
Representation
by
athlete
agents
or
financial
advisors
1
or
legal
representation
provided
by
attorneys
shall
be
provided
2
by
individuals
licensed
in
this
state.
Any
professional
3
representation
agreement
must
be
in
writing,
be
executed
by
4
both
parties,
clearly
describe
the
obligations
of
the
parties,
5
and
outline
fees
for
the
professional
representation.
6
Sec.
3.
NEW
SECTION
.
261K.3
Financial
aid.
7
For
purposes
of
this
chapter,
financial
aid
from
a
8
postsecondary
educational
institution
in
which
a
student
9
athlete
is
enrolled
shall
not
be
considered
compensation
for
10
use
of
the
athlete’s
name,
image,
and
likeness
rights,
or
11
athletic
reputation.
12
Sec.
4.
NEW
SECTION
.
261K.4
Limitations
on
certain
13
contracts.
14
1.
A
student
athlete
shall
not
enter
into
an
apparel,
15
equipment,
or
beverage
contract
providing
compensation
to
the
16
athlete
for
use
of
the
student
athlete’s
name,
image,
likeness
17
rights,
or
athletic
reputation
if
the
contract
requires
the
18
student
athlete
to
display
a
sponsor’s
apparel,
equipment,
19
or
beverage
or
otherwise
advertise
for
the
sponsor
during
20
official
team
activities
if
such
provisions
are
in
conflict
21
with
a
provision
of
the
postsecondary
educational
institution’s
22
current
licenses
or
contracts.
23
2.
A
student
athlete
shall
not
enter
into
a
contract
for
24
compensation
for
the
use
of
the
student
athlete’s
name,
image,
25
likeness
rights,
or
athletic
reputation
if
a
postsecondary
26
educational
institution
determines
that
a
term
of
the
contract
27
conflicts
with
a
term
of
a
contract
to
which
the
institution
is
28
a
party.
A
postsecondary
educational
institution
may
authorize
29
an
exception
to
this
subsection
in
writing.
30
Sec.
5.
NEW
SECTION
.
261K.5
Assistance
by
postsecondary
31
educational
institutions.
32
A
postsecondary
educational
institution
or
any
officer,
33
director,
or
employee
of
such
institution,
including
but
34
not
limited
to
a
coach,
member
of
the
coaching
staff,
or
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any
individual
associated
with
the
institution’s
athletic
1
department,
may
identify,
create,
facilitate,
negotiate,
2
support,
enable,
or
otherwise
assist
with
opportunities
for
3
a
student
athlete
to
earn
compensation
from
a
third
party,
4
including
an
institutional
marketing
associate,
for
the
use
5
of
the
student
athlete’s
name,
image,
likeness
rights,
or
6
athletic
reputation,
provided
that
a
postsecondary
educational
7
institution
or
individual
shall
not
do
any
of
the
following:
8
1.
Receive
compensation
from
the
student
athlete
or
a
9
third
party
for
facilitating,
enabling,
or
assisting
with
such
10
opportunities.
11
2.
Attempt
to
influence
a
student
athlete’s
choice
of
12
professional
representation
related
to
such
opportunities.
13
3.
Attempt
to
reduce
a
student
athlete’s
opportunities
from
14
competing
third
parties.
15
Sec.
6.
NEW
SECTION
.
261K.6
Disclosure
of
contracts.
16
Before
any
contract
for
compensation
for
the
use
of
a
student
17
athlete’s
name,
image,
likeness
rights,
or
athletic
reputation,
18
or
for
professional
representation,
is
executed,
and
before
any
19
compensation
is
provided
to
the
student
athlete
in
advance
of
a
20
contract,
the
student
athlete
shall
disclose
the
contract
to
21
the
student
athlete’s
postsecondary
educational
institution
in
22
a
manner
prescribed
by
the
institution.
23
Sec.
7.
NEW
SECTION
.
261K.7
Limitation
on
compensation
by
24
institutions.
25
A
postsecondary
educational
institution
or
any
officer,
26
director,
or
employee
of
such
institution
shall
not
compensate
27
a
student
athlete,
prospective
student
athlete,
or
the
family
28
thereof
for
the
use
of
the
student
athlete
or
prospective
29
student
athlete’s
name,
image,
likeness
rights,
or
athletic
30
reputation,
unless
otherwise
permitted
by
institutional
policy
31
and
a
collegiate
athletics
association
of
which
the
institution
32
is
a
member.
33
Sec.
8.
NEW
SECTION
.
261K.8
Unique
identifiers.
34
1.
A
postsecondary
educational
institution
or
a
third
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party
shall
develop
and
adopt
a
process
for
granting
to
a
1
student
athlete,
or
to
a
third
party
for
use
with
a
student
2
athlete,
a
license
to
use
such
institution’s
or
third
party’s
3
unique
identifiers
when
earning
or
attempting
to
earn
4
compensation
from
the
use
of
the
student
athlete’s
name,
image,
5
likeness
rights,
or
athletic
reputation
consistent
with
the
6
institution’s
or
third
party’s
policies
regarding
licensing
of
7
its
unique
identifiers.
8
2.
A
postsecondary
educational
institution
or
a
third
party
9
may
charge
a
reasonable
fee
for
a
license
to
use
a
unique
10
identifier
under
this
section.
11
3.
A
postsecondary
educational
institution
or
a
third
12
party
may
impose
requirements
that
a
student
athlete
granted
13
a
license
under
this
section
refrain
from
using
such
unique
14
identifier
in
a
manner
that
the
institution
or
third
party
in
15
its
sole
discretion
determines
does
any
of
the
following:
16
a.
Is
reasonably
considered
to
be
inconsistent
with
the
17
institution’s
or
third
party’s
values
or
mission.
18
b.
Adversely
affects
the
institution’s
or
third
party’s
19
image.
20
c.
Negatively
impacts
or
inappropriately
reflects
upon
the
21
reputation
or
religious,
moral,
or
ethical
standards
of
the
22
institution
or
third
party.
23
d.
Violates
the
institution’s
or
third
party’s
code
of
24
conduct
or
similar
requirements.
25
e.
Conflicts
with
a
provision
of
the
institution’s
or
third
26
party’s
current
licenses
or
contracts.
27
Sec.
9.
NEW
SECTION
.
261K.9
Compensation
outside
of
28
official,
mandatory
team
activities.
29
The
terms
of
a
contract
of
a
postsecondary
educational
30
institution’s
athletic
program
shall
not
prevent
a
student
31
athlete
from
receiving
compensation
for
using
the
student
32
athlete’s
name,
image,
likeness
rights,
or
athletic
reputation
33
for
a
commercial
purpose
when
the
student
athlete
is
not
34
engaged
in
official
mandatory
team
activities
that
are
recorded
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in
writing
and
can
be
made
publicly
available
upon
request.
1
Sec.
10.
NEW
SECTION
.
261K.10
Confidentiality
of
contracts.
2
1.
The
terms
of
a
contract
or
proposed
contract
detailing
3
compensation
to
a
student
athlete
at
a
public
postsecondary
4
educational
institution
for
the
use
of
the
student
athlete’s
5
name,
image,
likeness
rights,
or
athletic
reputation
shall
be
6
considered
confidential
records
under
section
22.7
and
shall
7
not
be
available
for
examination
by
the
public
pursuant
to
8
section
22.2.
9
2.
If
a
private
postsecondary
educational
institution
10
collects,
retains,
or
maintains
the
terms
of
a
student
11
athlete’s
contract
or
proposed
contract
detailing
compensation
12
to
the
student
athlete
for
the
use
of
the
student
athlete’s
13
name,
image,
likeness
rights,
or
athletic
reputation,
the
14
postsecondary
educational
institution
shall
consider
such
15
contract
terms
to
be
student
governed
by
the
federal
Family
16
Education
Rights
and
Privacy
Act.
17
Sec.
11.
NEW
SECTION
.
261K.11
Conditions
on
compensation.
18
Compensation
to
a
student
athlete
for
earning
or
attempting
19
to
earn
compensation
from
the
use
of
such
student
athlete’s
20
name,
image,
likeness
rights,
or
athletic
reputation
shall
not
21
be
conditioned
on
such
student
athlete’s
athletic
performance.
22
Persons
providing
compensation
to
a
student
athlete
for
the
23
use
of
the
student
athlete’s
name,
image,
likeness
rights,
or
24
athletic
reputation
shall
have
the
right
to
condition
payment
25
of
that
compensation
on
a
student
athlete’s
attendance
at
a
26
particular
postsecondary
educational
institution.
27
Sec.
12.
NEW
SECTION
.
261K.12
Compensation
by
nonprofit
28
organizations.
29
A
nonprofit
entity
that
is
exempt
from
federal
income
30
taxation
pursuant
to
section
501(c)(3)
of
the
Internal
Revenue
31
Code
shall
have
the
right
to
compensate
a
student
athlete
32
for
the
commercial
use
of
the
student
athlete’s
name,
image,
33
likeness
rights,
or
athletic
reputation.
34
Sec.
13.
NEW
SECTION
.
261K.13
Institutional
marketing
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associates.
1
1.
Notwithstanding
any
rule
of
an
athletic
association,
2
athletic
conference,
or
any
other
organization
with
authority
3
over
varsity
intercollegiate
athletics,
institutional
marketing
4
associates
shall
have
the
right
to
compensate
a
student
athlete
5
for
the
commercial
use
of
the
student
athlete’s
name,
image,
6
likeness
rights,
or
athletic
reputation.
This
includes
the
7
right
to
compensate
a
student
athlete
for
the
commercial
use
8
of
the
student
athlete’s
name,
image,
or
likeness
rights
in
9
connection
with
the
promotion
of
athletic
events
in
which
the
10
student
athlete
will
or
may
participate,
the
promotion
of
the
11
postsecondary
educational
institution
the
student
athlete
12
attends,
and
the
promotion
of
the
postsecondary
educational
13
institution’s
intercollegiate
athletics
program.
Additionally,
14
an
institutional
marketing
associate
shall,
in
the
event
that
a
15
postsecondary
educational
institution
or
its
intercollegiate
16
athletics
program
affirmatively
grants
a
request
therefor,
17
have
the
right
to
utilize
content
creation
and
marketing
18
capabilities
of
a
postsecondary
educational
institution
or
19
the
postsecondary
educational
institution’s
intercollegiate
20
athletics
program
in
connection
with
services
provided
for
the
21
promotion
of
athletic
events
in
which
a
student
athlete
will
or
22
may
participate,
the
postsecondary
educational
institution,
or
23
the
institution’s
intercollegiate
athletics
program.
24
2.
Notwithstanding
any
rule
of
an
athletic
association,
25
athletic
conference,
or
any
other
organization
with
authority
26
over
varsity
intercollegiate
athletics,
a
student
athlete
shall
27
have
the
right
to
receive
compensation
from
an
institutional
28
marketing
associate
for
the
commercial
use
of
the
student
29
athlete’s
name,
image,
likeness
rights,
or
athletic
reputation,
30
in
connection
with
the
promotion
of
athletic
events
in
which
31
the
student
athlete
will
or
may
participate,
the
promotion
of
32
the
postsecondary
educational
institution
the
student
athlete
33
attends,
and
the
promotion
of
the
postsecondary
educational
34
institution’s
intercollegiate
athletics
program,
or
other
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matters.
1
Sec.
14.
NEW
SECTION
.
261K.14
Educational
workshops.
2
A
postsecondary
educational
institution
that
enters
into
3
commercial
agreements
that
directly
or
indirectly
require
4
the
use
of
a
student
athlete’s
name,
image,
likeness
rights,
5
or
athletic
reputation
shall
offer
at
least
two
educational
6
workshops
per
calendar
year
that
may
include
topics
such
7
as
financial
literacy,
life
skills,
time
management,
and
8
entrepreneurship.
The
educational
workshops
shall
not
be
9
offered
in
the
same
month
and
each
workshop
offered
in
a
10
calendar
year
shall
be
unique
and
not
a
repetition
of
the
11
other
workshop
offered
that
year.
A
postsecondary
educational
12
institution
shall
notify
all
student
athletes
of
the
13
educational
workshops
through
the
distribution
of
informational
14
materials
via
electronic
mail
or
other
communication
methods
15
the
institution
regularly
uses
to
communicate
with
student
16
athletes.
The
educational
workshops
shall
not
include
any
17
marketing,
advertising,
referral,
or
solicitation
by
providers
18
of
financial
products
or
services.
19
Sec.
15.
NEW
SECTION
.
261K.15
Athletic
associations,
20
conferences,
or
organizations
——
prohibited
activities.
21
An
athletic
association,
athletic
conference,
or
any
other
22
organization
with
authority
over
varsity
intercollegiate
23
athletics
shall
not
do
any
of
the
following
or
authorize
its
24
member
institutions
to
do
so:
25
1.
Prevent
a
student
athlete
from
receiving
compensation
26
for
the
commercial
use
of
the
student
athlete’s
name,
image,
27
likeness
rights,
or
athletic
reputation
under
this
chapter
or
28
penalize
a
student
athlete
for
doing
so.
29
2.
Prevent
a
postsecondary
educational
institution
from
30
participating
in
varsity
intercollegiate
athletics
or
otherwise
31
penalize
a
postsecondary
educational
institution
as
a
result
32
of
a
student
athlete’s
receipt
of
compensation
for
the
student
33
athlete’s
name,
image,
likeness
rights,
or
athletic
reputation
34
under
this
chapter.
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3.
Prevent
a
postsecondary
educational
institution
from
1
establishing
agreements
with
a
third-party
entity
to
act
on
2
its
behalf
to
identify,
facilitate,
enable,
or
support
student
3
athlete
name,
image,
and
likeness
activities.
4
4.
Accept
a
complaint,
open
an
investigation,
or
take
5
any
other
adverse
action
against
a
postsecondary
educational
6
institution
or
any
of
its
employees
for
engaging
in
any
7
activity
permitted
under
this
chapter.
8
5.
Penalize
a
postsecondary
educational
institution
because
9
an
institutional
marketing
associate
compensates
a
student
10
athlete
for
use
of
the
student
athlete’s
name,
image,
likeness
11
rights,
or
athletic
reputation,
as
permitted
under
this
12
chapter,
or
if
a
third
party
violates
the
collegiate
athletic
13
association’s
rules
or
regulations
with
regard
to
student
14
athlete
name,
image,
or
likeness
activities.
15
Sec.
16.
NEW
SECTION
.
261K.16
Civil
action
——
remedies.
16
1.
A
student
athlete
may
bring
a
civil
action
against
third
17
parties
that
violate
this
chapter
or
that
interfere
with
the
18
student
athlete’s
earning
or
attempting
to
earn
compensation
19
from
the
use
of
such
student
athlete’s
name,
image,
likeness
20
rights,
or
athletic
reputation
for
injunctive
relief
and
actual
21
damages.
The
court
shall
award
court
costs
and
reasonable
22
attorney
fees
to
a
prevailing
student
athlete.
23
2.
A
student
athlete
bringing
an
action
under
this
chapter
24
shall
not
be
deprived
of
any
protections
provided
under
law
25
with
respect
to
a
controversy
that
arises
and
shall
have
the
26
right
to
adjudicate
claims
that
arise
under
this
chapter.
27
Sec.
17.
NEW
SECTION
.
261K.17
Applicability
to
high
school
28
students.
29
1.
A
high
school
student
who
competes
on
an
interscholastic
30
athletic
team
in
this
state
that
is
sponsored
by
a
public
31
school
or
by
a
private
school
whose
students
compete
against
32
a
public
school’s
students
may
earn
or
attempt
to
earn
33
compensation
from
the
use
of
the
student’s
name,
image,
34
likeness
rights,
or
athletic
reputation
as
though
the
student
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were
a
student
athlete
as
provided
in
this
chapter,
subject
to
1
the
following:
2
a.
A
high
school
student
shall
have
the
right
to
discuss
3
earning
or
attempting
to
earn
such
compensation
before
signing
4
an
athletic
letter
of
intent
or
other
written
agreement
only
5
when
having
discussions
about
potential
enrollment
with
a
6
postsecondary
educational
institution.
7
b.
A
high
school
student
shall
have
the
right
to
earn
8
or
attempt
to
earn
such
compensation
only
after
signing
an
9
athletic
letter
of
intent
or
other
written
agreement
to
enroll
10
in
a
postsecondary
educational
institution.
11
2.
The
discussion
of,
or
earning
or
attempting
to
earn,
12
compensation
from
the
use
of
a
high
school
student’s
name,
13
image,
likeness
rights,
or
athletic
reputation
as
provided
in
14
this
chapter
shall
not
be
construed
to
be
a
violation
of
any
15
rule
and
regulation
a
high
school
student
and
high
schools
16
are
required
to
follow
to
maintain
and
protect
a
high
school
17
student’s
eligibility
to
participate
in
high
school
athletics
18
in
this
state.
19
Sec.
18.
NEW
SECTION
.
261K.18
Limitation
of
liability
and
20
legal
settlements.
21
1.
A
postsecondary
educational
institution’s
employees,
22
including
athletics
coaching
staff,
shall
not
be
liable
for
any
23
damages
to
a
student
athlete’s
ability
to
earn
compensation
24
for
the
use
of
the
student
athlete’s
name,
image,
or
likeness
25
resulting
from
decisions
or
actions
routinely
taken
in
the
26
course
of
intercollegiate
athletics.
27
2.
A
legal
settlement
shall
not
permit
noncompliance
with
28
this
chapter.
Any
such
provision
is
void
and
unenforceable.
29
Sec.
19.
NEW
SECTION
.
261K.19
Construction.
30
1.
This
chapter
shall
not
be
construed
to
qualify
a
31
student
athlete
as
an
employee
of
a
postsecondary
educational
32
institution.
33
2.
This
chapter
does
not
affect
the
rights
of
student
34
athletes
under
Tit.
IX
of
the
Education
Amendments
of
1972,
20
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U.S.C.
§1681
et
seq.
1
Sec.
20.
APPLICABILITY.
This
Act
applies
to
agreements
2
or
contracts
entered
into,
modified,
or
renewed
on
or
after
3
the
effective
date
of
this
Act.
Such
agreements
or
contracts
4
include
but
are
not
limited
to
the
national
letter
of
intent,
5
an
athlete’s
financial
aid
agreement,
commercial
contracts
in
6
the
athlete
group
licensing
market,
and
athletic
conference
or
7
athletic
association
rules
or
bylaws.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
compensation
and
name,
image,
12
and
likeness
rights
of
student
athletes
at
postsecondary
13
educational
institutions.
The
bill
defines
a
“postsecondary
14
educational
institution”
as
an
institution
of
higher
education
15
governed
by
the
state
board
of
regents,
a
community
college,
or
16
a
private
postsecondary
educational
institution
in
this
state.
17
The
bill
prohibits
a
postsecondary
educational
institution
18
from
enforcing
any
rule,
requirement,
standard,
or
other
19
limitation
of
an
athletic
association
or
athletic
conference
20
that
prevents
a
student
athlete
of
that
institution
from
fully
21
participating
in
intercollegiate
athletics
without
penalty
or
22
from
earning
compensation
as
a
result
of
the
use
of
the
student
23
athlete’s
name,
image,
likeness
rights,
or
athletic
reputation.
24
The
bill
provides
that
a
student
athlete’s
financial
aid
25
eligibility
shall
not
be
affected
by
the
student
athlete
26
earning
compensation
from
the
use
of
the
student
athlete’s
27
name,
image,
or
likeness
rights,
or
athletic
reputation.
28
The
bill
prohibits
a
postsecondary
educational
institution
29
from
interfering
with
or
preventing
a
student
athlete
from
30
fully
participating
in
intercollegiate
athletics
or
obtaining
31
professional
representation
without
penalty
in
relation
to
32
contracts
or
legal
matters
relating
to
earning
compensation
33
as
a
result
of
the
use
of
the
student
athlete’s
name,
image,
34
likeness
rights,
or
athletic
reputation.
The
bill
provides
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requirements
for
such
professional
representation.
1
The
bill
provides
that
financial
aid
from
a
postsecondary
2
educational
institution
in
which
a
student
athlete
is
enrolled
3
shall
not
be
considered
compensation
for
use
of
the
athlete’s
4
name,
image,
and
likeness
rights,
or
athletic
reputation.
5
The
bill
provides
limitations
on
a
student
athlete
entering
6
into
an
apparel,
equipment,
or
beverage
contract
providing
7
compensation
to
the
athlete
for
use
of
the
student
athlete’s
8
name,
image,
likeness
rights,
or
athletic
reputation.
9
The
bill
authorizes
a
postsecondary
educational
institution
10
or
any
officer,
director,
or
employee
of
such
institution
to
11
identify,
create,
facilitate,
negotiate,
support,
enable,
or
12
otherwise
assist
with
opportunities
for
a
student
athlete
to
13
earn
compensation
from
a
third
party,
as
defined
in
the
bill,
14
for
the
use
of
the
student
athlete’s
name,
image,
likeness
15
rights,
or
athletic
reputation
with
specified
limitations.
16
The
bill
requires
a
student
athlete
to
disclose
a
contract
17
for
compensation
for
the
use
of
a
student
athlete’s
name,
18
image,
likeness
rights,
or
athletic
reputation,
or
for
19
professional
representation,
to
the
student
athlete’s
20
postsecondary
educational
institution
in
a
manner
prescribed
by
21
the
institution
before
the
contract
is
executed,
and
before
any
22
compensation
is
provided
to
the
student
athlete
in
advance
of
23
the
contract.
24
The
bill
prohibits
a
postsecondary
educational
institution
25
or
any
officer,
director,
or
employee
of
such
institution
26
from
compensating
a
student
athlete,
prospective
student
27
athlete,
or
the
family
thereof
for
the
use
of
the
student
28
athlete
or
prospective
student
athlete’s
name,
image,
likeness
29
rights,
or
athletic
reputation,
unless
otherwise
permitted
by
30
institutional
policy
and
a
collegiate
athletics
association
of
31
which
the
institution
is
a
member.
32
The
bill
requires
a
postsecondary
educational
institution
33
or
a
third
party
to
develop
and
adopt
a
process
for
granting
to
34
a
student
athlete,
or
to
a
third
party
for
use
with
a
student
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athlete,
a
license
to
use
such
institution’s
or
third
party’s
1
unique
identifiers,
such
as
a
seal,
logo,
or
emblem,
when
2
earning
or
attempting
to
earn
compensation
from
the
use
of
the
3
student
athlete’s
name,
image,
likeness
rights,
or
athletic
4
reputation
consistent
with
the
institution’s
or
third
party’s
5
policies
regarding
licensing
of
its
unique
identifiers.
The
6
bill
provides
additional
requirements
for
the
use
of
unique
7
identifiers.
8
The
bill
provides
that
the
terms
of
a
contract
of
a
9
postsecondary
educational
institution’s
athletic
program
shall
10
not
prevent
a
student
athlete
from
receiving
compensation
for
11
using
the
student
athlete’s
name,
image,
likeness
rights,
or
12
athletic
reputation
for
a
commercial
purpose
when
the
student
13
athlete
is
not
engaged
in
official
mandatory
team
activities
14
that
are
recorded
in
writing
and
can
be
made
publicly
available
15
upon
request.
16
The
bill
provides
that
the
terms
of
a
contract
detailing
17
compensation
to
a
student
athlete
at
a
public
postsecondary
18
educational
institution
for
the
use
of
the
student
athlete’s
19
name,
image,
likeness
rights,
or
athletic
reputation
shall
20
be
considered
confidential
records.
The
bill
also
addresses
21
privacy
of
such
contracts
at
private
postsecondary
educational
22
institutions.
23
The
bill
provides
limitations
on
the
conditions
that
can
be
24
placed
on
compensation
to
a
student
athlete
for
the
use
of
the
25
student
athlete’s
name,
image,
likeness
rights,
or
athletic
26
reputation
and
specifies
that
a
nonprofit
entity
can
provide
27
such
compensation.
28
The
bill
establishes
rights
of
an
institutional
marketing
29
associate,
as
defined
in
the
bill,
and
rights
of
a
student
30
receiving
compensation
from
an
institutional
marketing
31
associate.
32
The
bill
requires
a
postsecondary
educational
institution
to
33
offer
educational
workshops
with
specified
content
to
student
34
athletes
in
certain
circumstances.
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The
bill
prohibits
an
athletic
association,
athletic
1
conference,
or
any
other
organization
with
authority
over
2
varsity
intercollegiate
athletics
from
engaging
in
specified
3
activities
relating
to
a
student
athlete’s
name,
image,
4
likeness
rights,
or
athletic
reputation.
5
The
bill
authorizes
a
student
athlete
to
bring
a
civil
6
action
against
third
parties
that
violate
the
provisions
of
the
7
bill
or
that
interfere
with
the
student
athlete’s
earning
or
8
attempting
to
earn
compensation
from
the
use
of
such
student
9
athlete’s
name,
image,
likeness
rights,
or
athletic
reputation
10
for
injunctive
relief
and
actual
damages.
11
The
bill
authorizes
and
provides
limitations
on
compensation
12
of
a
high
school
student
who
competes
on
an
interscholastic
13
athletic
team,
which
must
involve
an
athletic
letter
of
14
intent
or
other
written
agreement
to
enroll
in
a
postsecondary
15
educational
institution.
16
The
bill
provides
that
a
postsecondary
educational
17
institution’s
employees
shall
not
be
liable
for
any
damages
to
18
a
student
athlete’s
ability
to
earn
compensation
for
the
use
19
of
the
student
athlete’s
name,
image,
or
likeness
resulting
20
from
decisions
or
actions
routinely
taken
in
the
course
of
21
intercollegiate
athletics.
22
A
provision
of
a
legal
settlement
permitting
noncompliance
23
with
the
bill
is
void
and
unenforceable.
24
The
bill
shall
not
be
construed
to
qualify
a
student
athlete
25
as
an
employee
of
a
postsecondary
educational
institution
or
26
to
affect
the
rights
of
student
athletes
under
Tit.
IX
of
the
27
Education
Amendments
of
1972.
28
The
bill
applies
to
agreements
or
contracts
entered
into,
29
modified,
or
renewed
on
or
after
the
effective
date
of
the
30
bill.
Such
agreements
or
contracts
include
but
are
not
limited
31
to
the
national
letter
of
intent,
an
athlete’s
financial
aid
32
agreement,
commercial
contracts
in
the
athlete
group
licensing
33
market,
and
athletic
conference
or
athletic
association
rules
34
or
bylaws.
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