Louisiana 2024 2024 Regular Session

Louisiana Senate Bill SB465 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michael Bell .
DIGEST
SB 465 Original	2024 Regular Session	Talbot
Present law allows an intercollegiate athlete at a postsecondary education institution to earn
compensation for the use of the athlete's name, image, or likeness and requires that compensation
must be commensurate with the market value of the authorized use of the athlete's name, image, or
likeness.
Proposed law authorizes a postsecondary institution or an officer, director, employee, or agent of the
institution to participate in name, image, and likeness endeavors directly and in support of
intercollegiate athletes only in accordance with one of the following:
1. A court order nullifying or declaring unlawful current restrictions on player
compensation.
2. The bylaws or regulations of the athletics governing organization for the
postsecondary educational institution.
3. A settlement agreement or consent decree which has the same effect as a change in
bylaws or regulations of an athletics governing organization.
Present law prohibits a postsecondary education institution from preventing or unduly restricting an
intercollegiate athlete from obtaining professional representation by an athlete agent or an attorney
engaged for the purpose of securing compensation for the use of the athlete's name, image, or
likeness.
Proposed law retains present law and adds a marketing representative as a professional representative
that an athlete can obtain to secure compensation for the use of the athlete's name, image, or likeness.
Present law provides that an intercollegiate athlete who enters into a contract for compensation for
the use of the athlete's name, image, or likeness must disclose the contract to the postsecondary
education institution in which the athlete is enrolled, in the manner designated by the institution.
Proposed law retains present law but provides for the disclosure of the contract when the amount is
$600 or more.
Present law provides for a postsecondary education institution to conduct a financial literacy and life
skills workshop for a minimum of five hours at the beginning of an intercollegiate athlete's first and
third academic years.
Proposed law retains present law but changes when the financial literacy and life skills workshop must take place from at the beginning of an intercollegiate athlete's first and third academic years
to annually.
Proposed law provides that the postsecondary education institution may provide resources in the
areas of financial responsibility, business formation, and marketing to support an intercollegiate
athlete's participation in name, image, and likeness endeavors.
Proposed law provides for an exception to liability for a postsecondary institution, including its staff,
in any manner to an intercollegiate athlete based upon an agreement between the intercollegiate
athlete and a third party for compensation for name, image, or likeness.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3703(A), (D), (I), (K)(1), and (L); adds R.S. 17:3703(K)(2)(c))