The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
SB 60 Engrossed 2021 Regular Session Connick
Proposed law provides with respect to compensation for the name, image, or likeness of
intercollegiate athletes as follows:
(1)Allows an intercollegiate athlete enrolled in a public postsecondary education institution or
a nonpublic postsecondary institution that receives or disburses any form of state student
financial assistance to earn compensation for the use of the athlete's name, image, or likeness.
(2)Compensation earned by an intercollegiate athlete must be commensurate with the market
value of the authorized use of the athlete's name, image, or likeness.
(3)Compensation may not be provided in exchange for athletic performance or attendance at a
postsecondary education institution and shall only be provided by a third party unaffiliated
with the postsecondary institution in which the athlete is enrolled.
(4)Prohibits a postsecondary education institution from adopting or maintaining a contract, rule,
regulation, standard, or other requirement that prevents or unduly restricts an intercollegiate
athlete from earning compensation for the use of the athlete's name, image, or likeness.
(5)Earning compensation shall not affect the intercollegiate athlete's grant-in-aid or athletic
eligibility.
(6)Prohibits a postsecondary education institution, or an officer, director, or employee of a
postsecondary education institution, from providing compensation or directing compensation
to a current or prospective intercollegiate athlete.
(7)Prohibits a postsecondary education institution from using an athletic booster to, and
prohibits an athletic booster from, directly or indirectly, creating or facilitating compensation
opportunities for the use of an intercollegiate athlete's name, image, or likeness as a
recruiting inducement or as a means of paying for athletics participation.
(8)Allows a postsecondary education institution to prohibit an intercollegiate athlete from using
the athlete's name, image, or likeness for compensation if the proposed use of the athlete's
name, image, or likeness conflicts with existing institutional sponsorship agreements or
contracts or institutional values as defined by the postsecondary education institution.
(9)Prohibits an intercollegiate athlete from earning compensation for the use of the athlete's
name, image, or likeness for the endorsement of tobacco, alcohol, illegal substances or
activities, banned athletic substances, or any form of gambling including sports wagering. (10)Prohibits an intercollegiate athlete from using a postsecondary education institution's
facilities, uniforms, registered trademarks, products protected by copyright, or official logos,
marks, colors, or other indicia without the express permission of the postsecondary education
institution. Allows a postsecondary education institution to require a third party entity
engaging the athlete for a name, image, or likeness activity to follow the protocols
established by the postsecondary education institution, including licensing protocols.
(11)Prohibits a postsecondary education institution from preventing or unduly restricting an
intercollegiate athlete from obtaining professional representation.
(12)Professional representation obtained by an intercollegiate athlete must be from a person
registered with or licensed by the state in accordance with applicable law. An athlete agent
representing an intercollegiate athlete must be registered with the state and comply with
applicable state and federal law. An attorney representing an intercollegiate athlete must be
licensed to practice law.
(13)A grant-in-aid, including cost of attendance, awarded to an intercollegiate athlete by a
postsecondary education institution is not compensation and shall not be revoked or reduced
as a result of an intercollegiate athlete earning compensation or obtaining professional or
legal representation.
(14)A contract for compensation for the use of the name, image, or likeness of an intercollegiate
athlete under 18 years of age shall be executed on the athlete's behalf by his parent or legal
guardian.
(15)Prohibits an intercollegiate athlete from entering into a contract for compensation for the use
of the athlete's name, image, or likeness that conflicts with a term of the athlete's athletic
program's team contract.
(16)An intercollegiate athlete must disclose any contract entered into for compensation for the
athlete's name, image, or likeness to the postsecondary education institution in which the
athlete is enrolled.
(17)The duration of a contract for representation of an intercollegiate athlete or compensation for
the use of an athlete's name, image, or likeness shall not extend beyond the athlete's
participation in an athletic program at a postsecondary institution.
(18)Requires postsecondary education institutions to conduct a financial literacy and life skills
workshop at the beginning of an intercollegiate athlete's first and third academic years. The
workshops must include information on time management skills and academic resources and
shall not include any marketing, advertising, referral, or solicitation by providers of financial
products or services.
Effective upon signature of the governor or lapse of time for gubernatorial action. (Adds R.S. 17:3701-3703)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original bill
1. Add definition of "athletic booster"
2. Allow a postsecondary institution to prohibit an athlete from using his or her name,
image, or likeness for compensation if the activity conflicts with the institution's
existing sponsorship agreements or contracts or moral values.
3. Prohibit an athlete from earning compensation for endorsing tobacco, alcohol, illegal
or banned substances, or gambling activities, including sports wagering.
4. Prohibit an athlete from using a postsecondary institution's facilities, uniforms,
trademarks, copyrighted materials, or official logos, marks, colors, etc. without
permission from the institution.
5. Allow a postsecondary institution to require a third party entity engaging an athlete
for a name, image, or likeness activity to follow the institution's protocols, including
licensing protocols.
6. Exempt athlete agents representing intercollegiate athletes in matters pertaining to
the use of the athlete's name, image, or likeness from certain notification
requirements.
7. Remove requirement that an attorney representing an intercollegiate athlete be
licensed to practice law in Louisiana.
8. Make legislation effective upon signature of the governor.