Sec. 4. Prohibitions on certain activities of institutions, boosters, and third parties
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/bill/117/s/4855/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in a rule established in accordance with section 8, an athletic association, a conference, or an institution may not— adopt or maintain a contract, rule, regulation, standard, or other requirement that prevents or unduly restricts a student athlete from earning covered compensation for the use of the name, image, or likeness of the student athlete; impose a speech restriction for student athletes that is more stringent than any speech restriction imposed on other students at the same institution; limit athletic opportunities for a student athlete solely on the basis of the student athlete’s commercial use of his or her name, image, or likeness; or coordinate or cooperate with any other institution, conference, or athletic association to limit payment offered to a student athlete under a name, image, and likeness agreement.
Notwithstanding any other provision of Federal or State law, a student athlete shall not be considered an employee of an athletic association, a conference, or an institution with respect to the participation of the student athlete in a varsity intercollegiate sports competition. An institution, a conference, or an athletic association may not revoke, reduce, or impose a condition on an athletic scholarship of a student athlete based on the student athlete having earned covered compensation or having obtained a certified agent in accordance with this Act.
An institution, an athletic association, a conference, or a business partner of such an entity may not— represent a student athlete or prospective student athlete in a name, image, and likeness agreement; arrange a name, image, and likeness agreement on behalf of a student athlete or prospective student athlete; enter into a name, image, and likeness agreement with a student athlete or prospective student athlete; regulate the representation of a student athlete or a group of student athletes or a prospective student athlete or group of prospective student athletes with respect to a name, image, and likeness agreement; or engage in the certification or promotion of individuals for such representation.
A certified agent may not represent a prospective student athlete in a name, image, and likeness agreement if the prospective student athlete plans to enroll in an institution and participate in a varsity intercollegiate sports competition for such institution. For purposes of this subsection, a family member of a prospective student athlete shall not be considered to be a certified agent with respect to representation of the prospective student athlete. Except as provided in paragraph (2), a third party may not enter into, or offer to enter into, a name, image, and likeness agreement with a student athlete that provides covered compensation if a provision of the name, image, and likeness agreement conflicts with a provision of a contract, rule, regulation, standard, or other requirement of the applicable institution.
A third party may enter into, or offer to enter into, a name, image, and likeness agreement with a student athlete that conflicts with a provision of a contract, rule, regulation, standard, or other requirement of the applicable institution if— the institution consents, in writing, to the name, image, and likeness agreement; or the contract, rule, regulation, standard, or other requirement unduly restricts student athletes from earning covered compensation for the use of the name, image, or likeness of the student athlete, as determined by the Commission.
An institution asserting a conflict described in paragraph
(1)shall disclose to the certified agent and the Commission each relevant term of the contract, rule, regulation, standard, or other requirement of the varsity intercollegiate athletic program. A certified agent asserting a restriction described in paragraph (2)(B) shall disclose to the Commission the nature of such restriction. An individual may not carry out any agent activity or representation of a student athlete with respect to a student athlete name, image, and likeness agreement unless the individual is a certified agent. An athletic association, a conference, or an institution may prohibit a student athlete from entering into a name, image, and likeness agreement with a third party for the promotion of gambling, tobacco, or alcohol products, or adult entertainment.