Sec. 101. Rights and protections

684 words·~3 min read·/bill/119/s/2932/is/section-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Except as explicitly provided in this Act and the amendments made by this Act, an institution, athletic department, conference, athletic association, or any representative of such an entity may not— restrict the ability of a student athlete or group of student athletes— to market or to earn compensation for the value of their name, image, or likeness; to obtain or to retain an athlete agent or legal representation; or to receive compensation from a third party for— reasonable costs of transportation, room, or board for friends or family members of a student athlete to visit the student athlete during any period during which the student athlete is experiencing a documented physical or mental health concern or participating in a college athletic competition; reasonable costs for necessities, including food, shelter, medical coverage, and medical expenses; or reasonable costs for tuition, fees, books, transportation, or any other incidental expense that is not otherwise provided by the institution; limit athletic opportunities for a student athlete on the basis of— the student athlete marketing, or earning compensation for the value of, their name, image, or likeness in compliance with this Act and the amendments made by this Act; or the student athlete obtaining representation by an athlete agent or legal representative; use receipt of compensation from a third party pursuant to an endorsement contract as a factor in determining (unless to the benefit of the student athlete)— the eligibility or opportunity of a student athlete to apply for or receive a grant-in-aid; or the amount, duration, or renewal of the grant-in-aid of a student athlete; or revoke, reduce, or decline to renew a grant-in-aid for a student athlete based on the student athlete having entered into an endorsement contract in compliance with this Act and the amendments made by this Act.

An institution, athletic department, conference, athletic association, or NIL collective may pay, provide, or facilitate compensation to a student athlete for the use of the name, image, and likeness of the student athlete pursuant to an endorsement contract or revenue sharing agreement. An institution, athletic department, conference, athletic association, NIL collective, third party, or any representative thereof, may not use the name, image, or likeness of any group of student athletes to sell or promote any product or service unless the institution, athletic department, conference, athletic association, NIL collective, or third party, as the case may be, obtains an agreement from each member of the group for that purpose.

An institution shall provide to each student athlete enrolled at the institution, in a timely manner before the start of the regular session or participation of the student athlete in a college athletics program, a list of rules that govern endorsement contracts and receiving covered compensation. A student athlete shall not use the facilities, apparel, equipment, uniforms, or intellectual property of an institution, including logos, indicia, registered and unregistered trademarks, and products protected by copyright, for any opportunity to earn compensation for the use of the name, image, or likeness of the student athlete unless expressly permitted by the institution.

An institution may prohibit a student athlete from engaging in in-person activities in connection with an endorsement contract that are concurrent with a mandatory college athletic event or college athletic competition. An institution may not prohibit, and may not enter into a contract that prohibits, a student athlete from the use of shoes, apparel, or equipment, or carrying out activities pursuant to an endorsement contract, during a period in which the student athlete is not engaged in a mandatory college athletic event or college athletic competition.

Subparagraph

(A)shall not apply to scheduled social media posts, pre-recorded commercials, and other commercial or business activities that do not take place in person. An institution, conference, or athletic association shall prohibit an NIL collective from entering into an endorsement contract with a student athlete that is not for a valid business purpose or commensurate with other compensation. An institution, a conference, or an athletic association may not impose on students athletes restrictions on speech that are more stringent than restrictions on speech imposed on other students enrolled in the institution.