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ACT No. 8102026 Regular Session
HOUSE BILL NO. 513
BY REPRESENTATIVES YOUNG AND CHASSION
1 AN ACT
2 To amend and reenact R.S. 17:3701, 3702(3) and (4), and 3703(D), (I), (L), and (N) and to
3 enact R.S. 17:3702(5) through (8) and 3705, relative to intercollegiate and
4 interscholastic athletics; to provide for the responsibilities of postsecondary
5 education institutions with respect to intercollegiate athletes' compensation; to
6 provide for the responsibilities of high schools with respect to interscholastic
7 athletes' compensation; to provide for representation for athletes; to provide for
8 definitions; to provide for reporting; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 17:3701, 3702(3) and (4), and 3703(D), (I), (L), and (N) are hereby
11 amended and reenacted and R.S. 17:3702(5) through (8) and 3705 are hereby enacted to read
12 as follows:
13 CHAPTER 30. COMPENSATION FOR INTERCOLLEGIATE AND
14 INTERSCHOLASTIC ATHLETICS ATHLETES: NAME, IMAGE, AND LIKENESS
15 §3701. Legislative intent
16 The legislature finds that intercollegiate and interscholastic athletics provide
17 intercollegiate athletes with significant educational opportunities. However,
18 participation in intercollegiate such athletics should not infringe upon an
19 intercollegiate athlete's ability to earn compensation for the athlete's his name,
20 image, or likeness. An intercollegiate athlete must have an equal opportunity to
21 control and profit from the commercial use of the athlete's his name, image, or
22 likeness, and be protected from unauthorized appropriation and commercial
23 exploitation of the athlete's his right to publicity, including the athlete's his name,
24 image, or likeness.
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1 §3702. Definitions
2 As used in this Chapter, the following terms have the following meanings
3 unless the context clearly indicates otherwise:
4 * * *
5 (3) "High school" means a public or nonpublic secondary school that
6 provides education for students in grades nine through twelve.
7 (4) "Intercollegiate athlete" means a student enrolled in a postsecondary
8 education institution who participates in an athletic program.
9 (5) "Interscholastic athlete" means a student enrolled in a high school who
10 participates in interscholastic athletics as provided in Paragraph (7) of this Section.
11 (6) "Interscholastic athletic program" means an organized program of
12 interscholastic athletics offered by a high school, including all practices,
13 competitions, and related activities, that is sponsored or sanctioned by the high
14 school and governed by the entity that oversees interscholastic athletics for high
15 schools in Louisiana.
16 (7) "Interscholastic athletics" means organized athletic competition between
17 students enrolled in high schools, sponsored or sanctioned by the schools, and
18 governed by the entity that oversees interscholastic athletics for high schools in
19 Louisiana.
20 (4) (8) "Postsecondary education institution" means a Louisiana public
21 postsecondary education institution or nonpublic postsecondary education institution
22 that receives or disburses any form of state student financial assistance, including
23 scholarships and grants.
24 §3703. Intercollegiate athlete's compensation and rights; responsibilities of
25 postsecondary education institutions
26 * * *
27 D. A postsecondary education institution shall not prevent or unduly restrict
28 an intercollegiate athlete from obtaining professional representation by an athlete
29 agent, marketing representative, or an attorney engaged for the purpose of securing
30 compensation for the use of the athlete's name, image, or likeness, provided that
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1 professional representation obtained by an intercollegiate athlete shall be from
2 persons registered with or licensed for such activity by the state as follows: in
3 accordance with R.S. 4:422.
4 (1)(a) Representation provided by an athlete agent shall be by persons
5 registered with the state in accordance with, and in compliance with, the provisions
6 of Chapter 7 of Title 4 of the Louisiana Revised Statutes of 1950. However, the
7 notification provisions of R.S. 4:424(D)(3) shall not apply to an athlete agent who
8 contacts an intercollegiate athlete for the sole purpose of representing the athlete in
9 matters pertaining to the use of the athlete's name, image, or likeness.
10 (b) An athlete agent or marketing representative representing an
11 intercollegiate athlete shall comply with the federal Sports Agent Responsibility and
12 Trust Act, 15 U.S.C. 7801 through 7807, in his relationship with the intercollegiate
13 athlete.
14 (2) An attorney representing an intercollegiate athlete shall be duly licensed
15 to practice law.
16 * * *
17 I.(1) An intercollegiate athlete who enters into a contract for compensation
18 for the use of the athlete's name, image, or likeness with a value of six hundred
19 dollars or more shall disclose the contract to the postsecondary education institution
20 in which the athlete is enrolled, in the manner designated by the institution.
21 (2) The institution shall prescribe the reporting requirements that govern
22 disclosures made pursuant to Paragraph (1) of this Subsection in alignment with the
23 rules and guidance of the applicable athletic governing commission.
24 * * *
25 L. No postsecondary institution's officers, directors, or employees, including
26 athletics coaching staff, educators, administrators, healthcare professionals,
27 consultants, other staff, and agents, whether paid, volunteer, or compensated through
28 third parties, shall be liable for any damages to an intercollegiate athlete's ability to
29 earn compensation for the use of the athlete's name, image, or likeness resulting from
30 decisions and actions routinely taken in the course of intercollegiate athletics or other
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1 matters relating directly or indirectly to an athlete's eligibility to participate in
2 intercollegiate athletics or profit from the use of the athlete's name, image, and
3 likeness, including but not limited to the administration of an institutions's
4 institution's policies, procedures, codes of conduct, academic standards, health and
5 safety protocols, and related matters. No postsecondary institution, nonprofit
6 organization, including its subsidiaries and affiliates, whether nonprofit or otherwise,
7 formally recognized by a postsecondary institution, and no officer, director,
8 employee, other staff member, or agent of the institution or organization shall be
9 liable in any manner, whether directly or indirectly, under any theory of law or in
10 equity, to a current, former, or prospective intercollegiate athlete based upon the
11 performance, nonperformance, breach, or termination of an agreement between the
12 current, former, or prospective intercollegiate athlete and a third party involving the
13 payment of compensation for name, image, or likeness. However, nothing in this
14 Subsection shall protect the postsecondary institution or its employees from acts of
15 gross negligence or wanton, willful, malicious, or intentional misconduct.
16 * * *
17 N.(1) Each postsecondary education management board shall adopt policies
18 to implement the provisions of this Chapter. Such policies shall require each
19 postsecondary education institution under its jurisdiction to adopt and maintain
20 institutional policies governing name, image, and likeness activities of intercollegiate
21 athletes.
22 (2) No postsecondary education institution shall implement the provisions
23 of this Chapter until such time as the appropriate management board adopts the
24 required policies. Each management board has discretion as to when it adopts
25 policies to implement the provisions of this Chapter. The policies adopted by each
26 management board and postsecondary education institution shall, at a minimum,
27 address the following:
28 (a) Intercollegiate athlete compensation, including permissible compensation
29 for the use of an intercollegiate athlete's name, image, or likeness and any required
30 disclosure of compensation agreements, consistent with this Chapter.
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1 (b) Postsecondary education institutional involvement, including the
2 permissible scope of institutional support, facilitation, oversight and compliance
3 activities related to name, image, and likeness endeavors, consistent with applicable
4 law and governing athletic association rules.
5 (c) Use of institutional marks and facilities, including the conditions under
6 which an intercollegiate athlete or third party may use institutional names,
7 trademarks, logos, uniforms, facilities, copyrights, colors, or other indicia in
8 connection with name, image, and likeness activities, and any required approvals or
9 licensing protocols.
10 (d) Professional representation, including requirements that athlete agents,
11 marketing representatives, and attorneys representing intercollegiate athletes in
12 matters related to name, image, and likeness be properly registered or licensed in
13 accordance with applicable state and federal law.
14 (e) Educational workshops and resources available to students, including
15 financial literacy training, life skills education, and resources related to financial
16 responsibility, business formation, and marketing to support intercollegiate athletes'
17 participation in name, image, and likeness activities.
18 (f) Policy administration and enforcement, which may include procedures
19 for monitoring compliance, reviewing disclosures, identifying conflicts, and
20 addressing violations of institutional name, image, and likeness policies.
21 (g) Designation of a compliance point of contact, including identification of
22 an office or individual responsible for administering institutional name, image, and
23 likeness policies and responding to compliance-related inquiries.
24 (3) Any policy an entity enacts pursuant to this Subsection shall be
25 consistent with the provisions of this Chapter and shall not unduly restrict an
26 intercollegiate athlete's ability to earn compensation for the use of his name, image,
27 or likeness.
28 * * *
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1 §3705. Interscholastic athlete's compensation and rights; responsibilities of high
2 schools
3 A. An interscholastic athlete may earn compensation for the use of his name,
4 image, and likeness, subject to compliance with the provisions of this Section.
5 B. Any agreement for compensation for the use of an interscholastic athlete's
6 name, image, or likeness entered into by an interscholastic athlete under eighteen
7 years of age shall be valid only if executed with the written consent of his parent or
8 legal guardian.
9 C. No high school or agent thereof, athletic association, athletic conference,
10 or other organization with authority over interscholastic athletics shall:
11 (1) Prohibit or prevent an interscholastic athlete from earning compensation
12 for the use of his name, image, or likeness, except as otherwise permitted by this
13 Section.
14 (2) Prohibit or prevent an interscholastic athlete from obtaining professional
15 representation by an athlete agent or legal representation by an attorney in
16 connection with name, image, or likeness matters.
17 (3) Declare an interscholastic athlete ineligible for interscholastic athletic
18 competition solely because he earns compensation for the use of his name, image,
19 or likeness or obtains professional or legal representation related thereto.
20 D. No athletic association, athletic conference, or other organization with
21 authority over interscholastic athletics shall prohibit or prevent a high school from
22 becoming a member of, or participating in, interscholastic athletics sponsored by
23 such organization as a consequence of an interscholastic athlete earning
24 compensation for the use of his name, image, or likeness or obtaining representation
25 by an athlete agent or attorney.
26 E.(1) Permissible name, image, and likeness activities include but are not
27 limited to commercial endorsements, promotional activities, social media presence,
28 and product or service advertisements.
29 (2) No interscholastic athlete shall earn compensation for the use of his
30 name, image, or likeness in connection with any of the following:
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1 (a) Adult entertainment.
2 (b) Alcohol or alcoholic beverages.
3 (c) Cannabis, cannabinoids, cannabidiol, or other derivatives, excluding
4 hemp or hemp products.
5 (d) Gaming, gambling, or wagering, including but not limited to sports
6 wagering.
7 (e) Controlled dangerous substances, as defined in R.S. 40:961 et seq.
8 (f) Drug paraphernalia, as defined in R.S. 40:1021.
9 (g) Performance-enhancing drugs or substances, including steroids or human
10 growth hormone.
11 (h) Tobacco, tobacco products, alternative nicotine products, nicotine vapor
12 products, or similar devices.
13 (i) Weapons, including firearms and ammunition.
14 F.(1) A high school may prohibit an interscholastic athlete from earning
15 compensation for the use of his name, image, or likeness while he is engaged in
16 academic activities, official team activities, or interscholastic athletic program
17 activities, including but not limited to class, tutoring, competition, practice, travel,
18 academic services, community service, promotional activities, and other activities
19 related to the interscholastic athletic program.
20 (2) A high school may prohibit an interscholastic athlete from earning such
21 compensation if the proposed use materially conflicts with an existing high school
22 agreement related to interscholastic athletics.
23 (3) No interscholastic athlete shall use a high school's facilities, apparel,
24 equipment, uniforms, or intellectual property, including logos, indicia, registered or
25 unregistered trademarks, or copyrighted materials, for any opportunity to earn
26 compensation for the use of his name, image, or likeness unless otherwise permitted
27 by the high school.
28 G. Prior to executing an agreement for the use of his name, image, or
29 likeness, an interscholastic athlete shall disclose the proposed agreement to the high
30 school at which the interscholastic athlete is enrolled in a manner prescribed by the
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1 high school. If the proposed agreement conflicts with an existing high school
2 agreement, the high school shall disclose the relevant terms of the conflicting
3 agreement to the interscholastic athlete.
4 H. Except as otherwise permitted by this Section, no high school shall enter
5 into, renew, or modify any agreement that prohibits an interscholastic athlete from
6 earning compensation for the use of his name, image, or likeness while he is engaged
7 in nonacademic, unofficial team, or non-interscholastic athletic program activities.
8 I. Nothing in this Section shall be construed to alter the employment status
9 of an interscholastic athlete or to classify an interscholastic athlete as an employee
10 of a high school solely because he engages in name, image, or likeness activities.
11 J. Any interscholastic athlete aggrieved by a violation of this Section may
12 bring an action for injunctive relief.
13 K. The authority that governs interscholastic athletics in this state shall
14 provide educational materials to interscholastic athletes, parents, legal guardians, and
15 high schools regarding the rights and responsibilities of interscholastic athletes under
16 this Section, including guidance on contracts, prohibited activities, and available
17 professional or legal representation.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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