RÉSUMÉ DIGEST
ACT 479 (SB 60) 2021 Regular Session Connick
New 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)Provides that no postsecondary education institution, entity whose purpose includes
supporting or benefitting an institution or its intercollegiate athletic programs, or
officer, director, employee, or agent of such an institution or entity shall provide a
current or prospective athlete with compensation for use of his name, image, or
likeness.
(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.
(19)Requires postsecondary education management boards to adopt policies to
implement new law and grants each management board discretion as to when it
adopts its policies. Prohibits postsecondary institutions from implementing new law
until such time as the appropriate management board adopts the required polices.
Effective upon signature of the governor (July 1, 2021).
(Adds R.S. 17:3701-3703)