| 1 | 1 | | 25 LC 49 2009 |
|---|
| 2 | 2 | | House Bill 383 |
|---|
| 3 | 3 | | By: Representatives Cox of the 28 |
|---|
| 4 | 4 | | th |
|---|
| 5 | 5 | | , Rhodes of the 124 |
|---|
| 6 | 6 | | th |
|---|
| 7 | 7 | | , Cannon of the 172 |
|---|
| 8 | 8 | | nd |
|---|
| 9 | 9 | | , McClain of |
|---|
| 10 | 10 | | the 109 |
|---|
| 11 | 11 | | th |
|---|
| 12 | 12 | | , and Erwin of the 32 |
|---|
| 13 | 13 | | nd |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | A BILL TO BE ENTITLED |
|---|
| 16 | 16 | | AN ACT |
|---|
| 17 | 17 | | To amend Titles 20 and 39 of the Official Code of Georgia Annotated, relating to education |
|---|
| 18 | 18 | | 1 |
|---|
| 19 | 19 | | and minors, respectively, so as to provide for high school student athletes and prospective2 |
|---|
| 20 | 20 | | student athletes to receive name, image, or likeness compensation; to provide for the3 |
|---|
| 21 | 21 | | automatic expiration of contracts that provide name, image, and likeness compensation to4 |
|---|
| 22 | 22 | | student athletes after the student athlete graduates or is no longer enrolled; to provide for5 |
|---|
| 23 | 23 | | application to certain athletic associations; to allow for professional representation of student6 |
|---|
| 24 | 24 | | athletes and prospective student athletes; to provide for required written notice to high school7 |
|---|
| 25 | 25 | | student athletes; to provide for definitions; to provide for construction; to provide a short8 |
|---|
| 26 | 26 | | title; to provide for related matters; to provide for an effective date and applicability; to9 |
|---|
| 27 | 27 | | repeal conflicting laws; and for other purposes.10 |
|---|
| 28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 29 | 29 | | SECTION 1.12 |
|---|
| 30 | 30 | | This Act shall be known and may be cited as the "Georgia High School NIL Protection Act."13 |
|---|
| 31 | 31 | | H. B. 383 |
|---|
| 32 | 32 | | - 1 - 25 LC 49 2009 |
|---|
| 33 | 33 | | SECTION 2. |
|---|
| 34 | 34 | | 14 |
|---|
| 35 | 35 | | Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in15 |
|---|
| 36 | 36 | | Chapter 2, relating to elementary and secondary education, by adding a new article to read16 |
|---|
| 37 | 37 | | as follows:17 |
|---|
| 38 | 38 | | "ARTICLE 32A |
|---|
| 39 | 39 | | 18 |
|---|
| 40 | 40 | | 20-2-2105.19 |
|---|
| 41 | 41 | | As used in this article, the term:20 |
|---|
| 42 | 42 | | (1) 'Athletic association' means any association of schools or any other similar21 |
|---|
| 43 | 43 | | organization which acts as an organizing, sanctioning, scheduling, or rule-making body22 |
|---|
| 44 | 44 | | for interscholastic athletic activities in which public high schools in this state participate.23 |
|---|
| 45 | 45 | | (2) 'Compensation' means anything of value and shall include, but shall not be limited24 |
|---|
| 46 | 46 | | to, a promise, performance, or forbearance provided by a promisor in exchange for his,25 |
|---|
| 47 | 47 | | her, or its promise.26 |
|---|
| 48 | 48 | | (3) 'High school' means a public or private school in this state that enrolls students in any27 |
|---|
| 49 | 49 | | of grades nine through 12.28 |
|---|
| 50 | 50 | | (4) 'Interscholastic athletic activity' means interscholastic athletic events, competitions,29 |
|---|
| 51 | 51 | | scrimmages, exhibitions, practices, and training sessions.30 |
|---|
| 52 | 52 | | (5) 'NIL compensation' means compensation received for the use of a person's name,31 |
|---|
| 53 | 53 | | image, or likeness.32 |
|---|
| 54 | 54 | | (6) 'Parent' means a person who has legal authority to act on behalf of a minor child as33 |
|---|
| 55 | 55 | | a natural or adoptive parent or as a legal guardian.34 |
|---|
| 56 | 56 | | (7) 'Participating school' means a public or private high school in this state that is a35 |
|---|
| 57 | 57 | | member of an athletic association or participates in interscholastic athletic activities36 |
|---|
| 58 | 58 | | which are conducted under the authority or rules of an athletic association.37 |
|---|
| 59 | 59 | | H. B. 383 |
|---|
| 60 | 60 | | - 2 - 25 LC 49 2009 |
|---|
| 61 | 61 | | (8) 'Student athlete' means a student enrolled in a participating school who participates38 |
|---|
| 62 | 62 | | in or is eligible to participate in any interscholastic athletic activity which is conducted39 |
|---|
| 63 | 63 | | under the authority or rules of an athletic association. Such term shall include home40 |
|---|
| 64 | 64 | | study students who participate in such interscholastic athletic activities as provided in41 |
|---|
| 65 | 65 | | Code Section 20-2-319.6.42 |
|---|
| 66 | 66 | | 20-2-2105.1.43 |
|---|
| 67 | 67 | | Nothing in this article shall be construed to abrogate, impair, or limit the authority of the44 |
|---|
| 68 | 68 | | courts of this state or any department or agency of this state to enforce any provision of45 |
|---|
| 69 | 69 | | federal or state law.46 |
|---|
| 70 | 70 | | 20-2-2105.2.47 |
|---|
| 71 | 71 | | For purposes of this article, a scholarship from the participating school in which a student48 |
|---|
| 72 | 72 | | athlete is enrolled that provides such student athlete with all or part of the cost of49 |
|---|
| 73 | 73 | | enrollment and attendance at such participating school is not NIL compensation.50 |
|---|
| 74 | 74 | | 20-2-2105.3.51 |
|---|
| 75 | 75 | | (a) Subject to the provisions of Code Sections 39-2-18 through 39-2-21, and except as52 |
|---|
| 76 | 76 | | prohibited in this article, a student athlete shall be permitted to receive NIL compensation.53 |
|---|
| 77 | 77 | | (b) No current or prospective student athlete shall be provided or shall receive NIL54 |
|---|
| 78 | 78 | | compensation in exchange, in whole or in part, for attending, participating, or performing55 |
|---|
| 79 | 79 | | at a particular participating school or a postsecondary educational institution as such term56 |
|---|
| 80 | 80 | | is defined in Code Section 20-3-680.57 |
|---|
| 81 | 81 | | (c) No participating school or entity whose purpose includes supporting or benefiting such58 |
|---|
| 82 | 82 | | participating school or its interscholastic athletic activities or related programs or any59 |
|---|
| 83 | 83 | | officer, director, employee, or agent of such participating school or entity shall provide a60 |
|---|
| 84 | 84 | | current or prospective student athlete with NIL compensation.61 |
|---|
| 85 | 85 | | H. B. 383 |
|---|
| 86 | 86 | | - 3 - 25 LC 49 2009 |
|---|
| 87 | 87 | | (d) No student athlete who receives NIL compensation pursuant to this article shall:62 |
|---|
| 88 | 88 | | (1) Wear a school based team jersey or otherwise display a school's name, mascot, logo,63 |
|---|
| 89 | 89 | | or any other school identifying marks when engaging in any conduct or activity in64 |
|---|
| 90 | 90 | | exchange for receiving NIL compensation;65 |
|---|
| 91 | 91 | | (2) Make any reference to a participating school or an athletic association when engaging66 |
|---|
| 92 | 92 | | in any conduct or activity in exchange for receiving NIL compensation; or67 |
|---|
| 93 | 93 | | (3)(A) Except as provided in subparagraph (B) of this paragraph, endorse or promote68 |
|---|
| 94 | 94 | | any good or service of any party that provides NIL compensation to such student athlete69 |
|---|
| 95 | 95 | | or of any third-party partner of a party that provides NIL compensation to such student70 |
|---|
| 96 | 96 | | athlete during any interscholastic athletic activity, including, but not limited to:71 |
|---|
| 97 | 97 | | (i) Wearing apparel of such party or third-party partner;72 |
|---|
| 98 | 98 | | (ii) Displaying a logo or brand of such party or third-party partner; and73 |
|---|
| 99 | 99 | | (iii) Displaying an insignia or identifying mark of such party or third-party partner.74 |
|---|
| 100 | 100 | | (B) The prohibitions provided for in subparagraph (A) of this paragraph shall not apply75 |
|---|
| 101 | 101 | | to tryouts, practices, or training sessions.76 |
|---|
| 102 | 102 | | (e) No student athlete shall receive NIL compensation for any conduct or activity that77 |
|---|
| 103 | 103 | | reasonably can be perceived as endorsing or promoting:78 |
|---|
| 104 | 104 | | (1) Alcohol products;79 |
|---|
| 105 | 105 | | (2) Tobacco products, including, but not limited to, smokeless tobacco products;80 |
|---|
| 106 | 106 | | (3) Vapor products;81 |
|---|
| 107 | 107 | | (4) Cannabis products;82 |
|---|
| 108 | 108 | | (5) Controlled substances;83 |
|---|
| 109 | 109 | | (6) Prescription pharmaceuticals;84 |
|---|
| 110 | 110 | | (7) Casinos and gambling, including sports betting, the lottery, and betting in connection85 |
|---|
| 111 | 111 | | with video games, online games, and mobile devices;86 |
|---|
| 112 | 112 | | (8) Adult entertainment or pornographic products and services;87 |
|---|
| 113 | 113 | | H. B. 383 |
|---|
| 114 | 114 | | - 4 - 25 LC 49 2009 |
|---|
| 115 | 115 | | (9) Any product or service, including, but not limited to, online services and products,88 |
|---|
| 116 | 116 | | that are restricted for people under the age of 18 years; or89 |
|---|
| 117 | 117 | | (10) Weapons, firearms, and ammunition.90 |
|---|
| 118 | 118 | | 20-2-2105.4.91 |
|---|
| 119 | 119 | | Each participating school in this state shall advise each student athlete in writing at the92 |
|---|
| 120 | 120 | | beginning of the season of each interscholastic athletic activity of the provisions of this93 |
|---|
| 121 | 121 | | article, Article 13 of Chapter 3 of this title, and Code Sections 39-2-18 through 39-2-21 and94 |
|---|
| 122 | 122 | | shall provide each student athlete with information concerning the effect of receiving95 |
|---|
| 123 | 123 | | money or other things of value on the student athlete's future eligibility to participate in96 |
|---|
| 124 | 124 | | intercollegiate athletics.97 |
|---|
| 125 | 125 | | 20-2-2105.5.98 |
|---|
| 126 | 126 | | The provisions of this article shall not apply to intramural athletic programs or events at99 |
|---|
| 127 | 127 | | such participating schools.100 |
|---|
| 128 | 128 | | 20-2-2105.6.101 |
|---|
| 129 | 129 | | (a) No contract that provides for NIL compensation to a student athlete shall survive after102 |
|---|
| 130 | 130 | | the earlier of:103 |
|---|
| 131 | 131 | | (1) Ten calendar days after the date upon which such student athlete graduates from a104 |
|---|
| 132 | 132 | | participating school; or105 |
|---|
| 133 | 133 | | (2) Thirty calendar days after the date upon which such student athlete's enrollment in106 |
|---|
| 134 | 134 | | a participating school terminates for any reason provided for by Georgia law; the policies,107 |
|---|
| 135 | 135 | | rules, or regulations of the State Board of Education; or the policies, rules, or regulations108 |
|---|
| 136 | 136 | | of a nonpublic participating school, including, but not limited to, withdrawal,109 |
|---|
| 137 | 137 | | nonattendance, dropping out, nonresidency in the participating school's attendance zone,110 |
|---|
| 138 | 138 | | H. B. 383 |
|---|
| 139 | 139 | | - 5 - 25 LC 49 2009 |
|---|
| 140 | 140 | | nonresidency in this state, enrollment in a school that is not a participating school, and111 |
|---|
| 141 | 141 | | expulsion.112 |
|---|
| 142 | 142 | | (b) No contract that provides for NIL compensation to a student athlete shall include any113 |
|---|
| 143 | 143 | | provision that does not comply with the provisions of subsection (a) of this Code section,114 |
|---|
| 144 | 144 | | and any such provision shall be void and unenforceable.115 |
|---|
| 145 | 145 | | 20-2-2105.7.116 |
|---|
| 146 | 146 | | (a) No athletic association shall prevent a student athlete from or penalize a student athlete117 |
|---|
| 147 | 147 | | for receiving NIL compensation as provided for in this article.118 |
|---|
| 148 | 148 | | (b) No athletic association shall prevent a participating school from participating in119 |
|---|
| 149 | 149 | | interscholastic athletic activities, or otherwise penalize a participating school as a result of120 |
|---|
| 150 | 150 | | a student athlete of such participating school receiving NIL compensation as provided for121 |
|---|
| 151 | 151 | | in this article.122 |
|---|
| 152 | 152 | | (c) No public school which receives funding under Article 6 of this chapter shall123 |
|---|
| 153 | 153 | | participate in, sponsor, or provide coaching staff for interscholastic athletic activities which124 |
|---|
| 154 | 154 | | are conducted under the authority of, conducted under the rules of, or scheduled by any125 |
|---|
| 155 | 155 | | athletic association unless the charter, bylaws, or other governing documents of such126 |
|---|
| 156 | 156 | | athletic association comply with this article.127 |
|---|
| 157 | 157 | | 20-2-2105.8.128 |
|---|
| 158 | 158 | | (a) No participating school or athletic association shall prevent a student athlete from129 |
|---|
| 159 | 159 | | obtaining professional representation in relation to contracts or legal matters, including, but130 |
|---|
| 160 | 160 | | not limited to, representation provided by athlete agents who are certified as provided for131 |
|---|
| 161 | 161 | | under Chapter 4A of Title 43 and legal representation provided by attorneys who are132 |
|---|
| 162 | 162 | | licensed to practice law in this state.133 |
|---|
| 163 | 163 | | H. B. 383 |
|---|
| 164 | 164 | | - 6 - 25 LC 49 2009 |
|---|
| 165 | 165 | | (b) Athlete agents representing student athletes shall comply with the federal Sports Agent134 |
|---|
| 166 | 166 | | Responsibility and Trust Act, established in 15 U.S.C. Section 7801, et seq., in their135 |
|---|
| 167 | 167 | | relationships with student athletes."136 |
|---|
| 168 | 168 | | SECTION 3.137 |
|---|
| 169 | 169 | | Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended in Chapter138 |
|---|
| 170 | 170 | | 2, relating to regulation of employment of minors, by revising Code Section 39-2-18, relating139 |
|---|
| 171 | 171 | | to applicability of provisions of chapter to minors employed as actors or performers, as140 |
|---|
| 172 | 172 | | follows:141 |
|---|
| 173 | 173 | | "39-2-18.142 |
|---|
| 174 | 174 | | (a) Notwithstanding any other provisions of this chapter to the contrary, and provided that143 |
|---|
| 175 | 175 | | the written consent of the Commissioner of Labor must be first obtained, nothing in this144 |
|---|
| 176 | 176 | | chapter shall apply to any minor employed or compensated:145 |
|---|
| 177 | 177 | | (1) As as an actor or performer in motion pictures or theatrical productions, in radio or146 |
|---|
| 178 | 178 | | television productions, or in any other performance, concert, or entertainment;, or to any147 |
|---|
| 179 | 179 | | minor employed in148 |
|---|
| 180 | 180 | | (2) For the making of phonographic records; or as149 |
|---|
| 181 | 181 | | (3) As an advertising or photographic model; or150 |
|---|
| 182 | 182 | | (4) For the use of such minor's name, image, or likeness provided that the written consent151 |
|---|
| 183 | 183 | | of the Commissioner of Labor must be first obtained,.152 |
|---|
| 184 | 184 | | (b) Before the Commissioner of Labor shall give his or her written consent, as provided153 |
|---|
| 185 | 185 | | in subsection (a) of this Code section, he or she shall investigate and determine that:154 |
|---|
| 186 | 186 | | (1) The That the environment in which the work is to be performed is proper for the155 |
|---|
| 187 | 187 | | minor;156 |
|---|
| 188 | 188 | | (2) The terms and That the conditions of employment or compensation are not157 |
|---|
| 189 | 189 | | detrimental to the health of the minor;158 |
|---|
| 190 | 190 | | H. B. 383 |
|---|
| 191 | 191 | | - 7 - 25 LC 49 2009 |
|---|
| 192 | 192 | | (3) The That the minor's education will not be neglected or hampered by his or her159 |
|---|
| 193 | 193 | | participation in any of the activities referred to in subsection (a) of this Code section; and160 |
|---|
| 194 | 194 | | (4) Neither That the minor nor his or her name, image, or likeness will not be used for161 |
|---|
| 195 | 195 | | pornographic purposes or for any purpose prohibited by subsection (e) of Code162 |
|---|
| 196 | 196 | | Section 20-2-2105.3."163 |
|---|
| 197 | 197 | | SECTION 4.164 |
|---|
| 198 | 198 | | This Act shall become effective upon its approval by the Governor or upon its becoming law165 |
|---|
| 199 | 199 | | without such approval and shall apply to all contracts entered into or renewed on or after166 |
|---|
| 200 | 200 | | such date.167 |
|---|
| 201 | 201 | | SECTION 5.168 |
|---|
| 202 | 202 | | All laws and parts of laws in conflict with this Act are repealed.169 |
|---|
| 203 | 203 | | H. B. 383 |
|---|
| 204 | 204 | | - 8 - |
|---|