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