Rhode Island 2023 Regular Session

Rhode Island House Bill H5340 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5340
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7	7	LC000428
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- COMPENSATION FOR STUDENTS PARTICIPATING IN
16	16	INTERCOLLEGIATE ATHL ETICS
17	17	Introduced By: Representatives Solomon, McNamara, and Casey
18	18	Date Introduced: February 03, 2023
19	19	Referred To: House Education
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1
24	24	adding thereto the following chapter: 2
25	25	CHAPTER 112 3
26	26	COMPENSATION FOR STUDENTS PARTICIPATING IN INTERCOLLEGIATE 4
27	27	ATHLETICS 5
28	28	16-112-1. Compensation for students participating in intercollegiate athletics. 6
29	29	(a)(1) A postsecondary educational institution in this state, whether public or private, shall 7
30	30	not uphold any rule, requirement, standard, or other limitation that prevents a student of that 8
31	31	institution from participating in intercollegiate athletics and also earning compensation as a result 9
32	32	of the use of the student's name, image, or likeness. Earning compensation from the use of a 10
33	33	student's name, image, or likeness shall not affect the student's scholarship eligibility. 11
34	34	(2) An athletic association, conference, or other group or organization, with authority over 12
35	35	intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association 13
36	36	(NCAA), shall not prevent a student athlete from earning compensation as a result of the use of the 14
37	37	student's name, image, or likeness. 15
38	38	(3) An athletic association, conference, or other group or organization with authority over 16
39	39	intercollegiate athletics, including, but not limited to, the NCAA, shall not prevent a postsecondary 17
40	40	educational institution from participating in intercollegiate athletics as a result of the compensation 18
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44	44	of a student athlete for the use of the student's name, image, or likeness. 1
45	45	(b) A postsecondary educational institution, athletic association, conference, or other group 2
46	46	or organization with authority over intercollegiate athletics shall not provide a prospective student, 3
47	47	who shall participate in intercollegiate athletics, with compensation in relation to the student's 4
48	48	name, image, or likeness. 5
49	49	(c)(1) A postsecondary educational institution, athletic association, conference, or other 6
50	50	group or organization, with authority over intercollegiate athletics, shall not prevent a student 7
51	51	athlete in this state from obtaining professional representation in relation to contracts or legal 8
52	52	matters, including, but not limited to, representation provided by an athlete agent or legal 9
53	53	representation provided by an attorney. 10
54	54	(2) Professional representation obtained by a student athlete shall be from persons licensed 11
55	55	by the state. An athlete agent representing a student athlete for purposes of earning compensation, 12
56	56	as a result of the use of the student's name, image, or likeness, shall be registered under chapter 13
57	57	74.1 of title 5. An attorney representing a student athlete for purposes of earning compensation, as 14
58	58	a result of the use of the student's name, image, or likeness, shall be licensed to practice in the state. 15
59	59	(3) An athlete agent representing a student athlete shall comply with the federal Sports 16
60	60	Agent Responsibility and Trust Act in 15 U.S.C. Ch. 104 § 7801-7807 in their relationships with 17
61	61	the student. 18
62	62	(d) A scholarship from the postsecondary educational institution, in which a student is 19
63	63	enrolled that meets the cost of attendance, is not compensation for purposes of this chapter, and a 20
64	64	scholarship shall not be revoked as a result of the student earning compensation or obtaining 21
65	65	professional or legal representation under this chapter. 22
66	66	(e)(1) A student athlete shall not enter into a contract providing compensation to the 23
67	67	student, for use of the student's name, image, or likeness, if a provision of such contract is in conflict 24
68	68	with a provision of the student's team contract. 25
69	69	(2) A postsecondary educational institution asserting a conflict under subsection (e)(1) of 26
70	70	this section, shall disclose the relevant contractual provisions that are in conflict with the student's 27
71	71	team contract, to the student athlete or the athlete's representative. 28
72	72	(3) A student athlete who enters into a contract providing compensation to the student for 29
73	73	use of the student's name, image, or likeness, shall disclose the contract to an official of the 30
74	74	postsecondary educational institution in which he or she is enrolled, to be designated by the 31
75	75	institution. 32
76	76	(f) A team contract of a postsecondary educational institution's athletic program shall not 33
77	77	prevent a student athlete from using the student's name, image, or likeness for a commercial purpose 34
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81	81	when the student is not engaged in official team activities. This subsection applies only to contracts 1
82	82	entered into, modified, or renewed on or after January 1, 2025. 2
83	83	(g) For purposes of this chapter: 3
84	84	(1) The term "postsecondary educational institution" means a state university or college, 4
85	85	or a private college or university. 5
86	86	(2) The term "student athlete" means a student of a postsecondary educational institution 6
87	87	who participates in intercollegiate athletics. 7
88	88	(h) The council on postsecondary education, established by chapter 59 of title 16, shall 8
89	89	promulgate regulations and rules, to implement and administer this chapter. 9
90	90	SECTION 2. This act shall take effect on January 1, 2024. 10
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97	97	EXPLANATION
98	98	BY THE LEGISLATIVE COUNCIL
99	99	OF
100	100	A N A C T
101	101	RELATING TO EDUCATION -- COMPENSATION FOR STU DENTS PARTICIPATING IN
102	102	INTERCOLLEGIATE ATHL ETICS
103	103	***
104	104	This act would expressly allow college athletes, while they are students, to personally profit 1
105	105	from the use of their name, image, and likeness, and prohibit the NCAA from preventing these 2
106	106	practices. 3
107	107	This act would take effect on January 1, 2024. 4
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