2024 Regular Session ENROLLED
SENATE BILL NO. 465
BY SENATOR TALBOT AND REPRESENTATIVES ADAMS, BAYHAM, BILLINGS,
BROWN, CARVER, CHASSION, COX, GREEN, JORDAN,
LACOMBE, LAFLEUR, JACOB LANDRY, MCMAKIN, MELERINE,
MENA, NEWELL, STAGNI, TAYLOR, WYBLE AND KNOX
1 AN ACT
2 To amend and reenact R.S. 17:3703(A), (D), (H)(1), (I), (K)(1), and (L) and to enact R.S.
3 17:3703(K)(2)(c), relative to intercollegiate athlete's compensation and rights; to
4 provide for institutions to participate in name, image, and likeness under certain
5 circumstances; to provide for a marketing representative to represent an
6 intercollegiate athlete; to provide for disclosure of the value of the athlete's name,
7 image and likeness contract greater than a certain amount; to provide for a financial
8 literacy and life skills workshop; to provide for immunity from liability under certain
9 circumstances; to provide for resources to support an intercollegiate athlete's
10 participation in name, image, and likeness; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 17:3703(A), (D), (H)(1), (I), (K)(1), and (L) are hereby amended and
13 reenacted and R.S. 17:3703(K)(2)(c) is hereby enacted to read as follows:
14 ยง3703. Intercollegiate athlete's compensation and rights; responsibilities of
15 postsecondary education institutions
16 A.(1) An intercollegiate athlete at a postsecondary education institution may
17 earn compensation for the use of the athlete's name, image, or likeness subject to the
18 following:. Compensation shall be commensurate with the market value of the
19 authorized use of the athlete's name, image, or likeness.
20 (2)(1) To preserve the integrity, quality, character, and amateur nature of
21 intercollegiate athletics and to maintain a clear separation between amateur
22 intercollegiate athletics and professional sports to the extent prohibited by the
23 rules of athletics governing associations, a postsecondary education institution or
24 an officer, director, employee, or agent of such institution shall not provide a current
25 or prospective athlete with compensation for the use of the student athlete's name,
ACT No. 358
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1 image, or likeness. unless authorized by one of the following:
2 (a) A court order nullifying or declaring unlawful current restrictions on
3 player compensation.
4 (b) The bylaws or regulations of the athletics governing organization for
5 the postsecondary educational institution.
6 (c) A settlement agreement or consent decree which has the same effect
7 as a change in bylaws or regulations of an athletics governing organization.
8 (2) Notwithstanding any other provision of law, a postsecondary
9 institution or an officer, director, employee, or agent of the institution may
10 participate in name, image, and likeness endeavors directly and in support of
11 intercollegiate athletes pursuant to Paragraph (1) of this Subsection.
12 * * *
13 D.(1) A postsecondary education institution shall not prevent or unduly
14 restrict an intercollegiate athlete from obtaining professional representation by an
15 athlete agent, marketing representative, or an attorney engaged for the purpose of
16 securing compensation for the use of the athlete's name, image, or likeness. provided
17 that:
18 (2) (1) Professional representation obtained by an intercollegiate athlete shall
19 be from persons registered with or licensed for such activity by the state as follows:
20 (a)(i) Representation provided by an athlete agent shall be by persons
21 registered with the state in accordance with, and in compliance with, the provisions
22 of Chapter 7 of Title 4 of the Louisiana Revised Statutes of 1950. However, the
23 notification provisions of R.S. 4:424(D)(3) shall not apply to an athlete agent who
24 contacts an intercollegiate athlete for the sole purpose of representing the athlete in
25 matters pertaining to the use of the athlete's name, image, or likeness.
26 (ii) An athlete agent, or marketing representative, representing an
27 intercollegiate athlete shall comply with the federal Sports Agent Responsibility and
28 Trust Act, 15 U.S.C. 7801 through 7807, in his relationship with the intercollegiate
29 athlete.
30 (b) An attorney representing an intercollegiate athlete shall be duly licensed
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1 to practice law.
2 * * *
3 H.(1) An intercollegiate athlete shall not enter into a contract for
4 compensation for the use of the athlete's name, image, or likeness if a term of the
5 contract conflicts with a term of the intercollegiate athlete's athletic program's team
6 contract without the written approval of the institution's athletic department.
7 I. An intercollegiate athlete who enters into a contract for compensation for
8 the use of the athlete's name, image, or likeness with a value of six hundred dollars
9 or more shall disclose the contract to the postsecondary education institution in
10 which the athlete is enrolled, in the manner designated by the institution.
11 * * *
12 K.(1) A postsecondary education institution shall conduct a provide annual
13 financial literacy and life skills workshop training for a minimum of five two and
14 one half hours at the beginning of an intercollegiate athlete's first and third academic
15 years.
16 (2)(a) * * *
17 (c) The postsecondary education institution may provide resources in the
18 areas of financial responsibility, business formation, and marketing to support
19 an intercollegiate athlete's participation in name, image, and likeness endeavors.
20 * * *
21 L. No postsecondary institution's officers, directors, or employees, including
22 athletics coaching staff, educators, administrators, health care professionals,
23 consultants, other staff and agents, whether paid, volunteer, or compensated
24 through third parties, shall be liable for any damages to an intercollegiate athlete's
25 ability to earn compensation for the use of the athlete's name, image, or likeness
26 resulting from decisions and actions routinely taken in the course of intercollegiate
27 athletics or other matters relating directly or indirectly to an athlete's eligibility
28 to participate in intercollegiate athletics or profit from the use of the athlete's
29 name, image, and likeness, including but not limited to the administration of an
30 institutions's policies, procedures, codes of conduct, academic standards, health
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1 and safety protocols, and related matters. No postsecondary institutions,
2 nonprofit organization, including its subsidiaries and affiliates, whether
3 nonprofit or otherwise, formally recognized by a postsecondary institution, and
4 no officer, director, employee, other staff member or agent of the institution or
5 organization, shall be liable in any manner, whether directly or indirectly,
6 under any theory of law or in equity, to current, former, or prospective
7 intercollegiate athlete based upon the performance, nonperformance, breach,
8 or termination of an agreement between the current, former, or prospective
9 intercollegiate athlete and a third party involving the payment of compensation
10 for name, image, or likeness. However, nothing in this Subsection shall protect the
11 postsecondary institution or its employees from acts of gross negligence or wanton,
12 willful, malicious, or intentional misconduct.
13 * * *
14 Section 2. This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
18 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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