New Mexico House Bill HB302

New Mexico 2023 Regular Session

• Introduced: 2/6/23

Caption

School-age Name, Image & Likeness Use

Impact

If passed, HB 302 would significantly influence the legal landscape regarding student compensation in extracurricular and athletic activities. It aims to protect school-age individuals from losing their eligibility for financial assistance or scholarships due to their earning potential related to their names, images, and likenesses. Furthermore, the bill ensures that no third party can impose undue restrictions on students' participation in activities based on their ability to receive compensation from external sources.

Summary

House Bill 302 seeks to establish clear guidelines around the rights of school-age individuals regarding the use of their names, images, likenesses, and reputations in school-related activities. It prohibits restrictions imposed by associations or organizations that would prevent students from participating in such activities while allowing them to earn compensation or receive third-party benefits. The bill explicitly states that these provisions apply without penalties for participating in public school activities, hence bolstering the rights of student athletes and others involved in school sports and events.

Contention

The bill could generate debate, particularly among school associations and organizations that may be hesitant to lose control over student representation and commercial opportunities. There may be concerns regarding the commercialization of school-age children’s activities and the implications this could have on recruitment practices. Critics argue that the measure, while protective, could lead to exploitation of young athletes and create disparities in competition, particularly between resource-rich and resource-poor schools.