1 | 1 | | |
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2 | 2 | | HOUSE BILL 1386 |
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3 | 3 | | By Harris |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 1419 |
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6 | 6 | | By Akbari |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB1419 |
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10 | 10 | | 001691 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 4, |
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14 | 14 | | Chapter 29; Title 49, Chapter 7; Title 49, Chapter |
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15 | 15 | | 8 and Title 49, Chapter 9, relative to student |
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16 | 16 | | athletes. |
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17 | 17 | | |
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18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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19 | 19 | | SECTION 1. Tennessee Code Annotated, Title 49, Chapter 7, is amended by deleting |
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20 | 20 | | part 28 and substituting: |
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21 | 21 | | 49-7-2801. |
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22 | 22 | | As used in this part: |
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23 | 23 | | (1) "Athletic program" means an intercollegiate athletic program at an |
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24 | 24 | | institution; |
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25 | 25 | | (2) "Institution" means a four-year public or private institution of higher |
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26 | 26 | | education located in this state; |
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27 | 27 | | (3) "Intercollegiate athlete" means a student enrolled in an institution who |
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28 | 28 | | participates in an athletic program; |
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29 | 29 | | (4) "Media network" refers to a platform created and operated by certified |
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30 | 30 | | NIL representatives, collectives, or institutions to distribute content directly to |
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31 | 31 | | consumers, including, but not limited to, social media, podcasts, and video |
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32 | 32 | | channels; |
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33 | 33 | | (5) "Name, Image, and Likeness (NIL)" means the legal right of an |
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34 | 34 | | intercollegiate athlete to earn compensation from the authorized use of the |
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35 | 35 | | intercollegiate athlete's name, image, or likeness; and |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 001691 |
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39 | 39 | | |
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40 | 40 | | (6) "Talent fee" means a supplemental fee applied to revenuegenerating |
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41 | 41 | | activities by an institution, including, but not limited to, ticket sales, merchandise, |
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42 | 42 | | sponsorship deals, broadcast rights, and event concessions, to support NIL |
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43 | 43 | | opportunities. |
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44 | 44 | | 49-7-2802. |
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45 | 45 | | (a) An intercollegiate athlete may earn compensation for the use of the |
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46 | 46 | | intercollegiate athlete's name, image, and likeness. The compensation earned pursuant |
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47 | 47 | | to this subsection (a) must reflect fair market value and not be contingent upon athletic |
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48 | 48 | | performance or enrollment. |
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49 | 49 | | (b) Institutions, certified NIL collectives, and representatives may: |
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50 | 50 | | (1) Establish NIL funds to attract and manage revenue from NIL |
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51 | 51 | | activities, including corporate sponsorships, alumni contributions, and third-party |
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52 | 52 | | collaborations; |
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53 | 53 | | (2) Operate media networks to distribute exclusive content featuring |
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54 | 54 | | intercollegiate athletes; provided, that the network: |
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55 | 55 | | (A) Ensures free access to consumers to maximize audience |
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56 | 56 | | reach; |
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57 | 57 | | (B) Allocates a percentage of media network-generated revenues |
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58 | 58 | | to intercollegiate athletes featured in the content and their certified NIL |
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59 | 59 | | representatives; and |
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60 | 60 | | (C) Collaborates with professional content creators to ensure |
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61 | 61 | | high-quality production and strategic distribution; and |
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62 | 62 | | (3) Implement a talent fee on revenue streams, including, but not limited |
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63 | 63 | | to, ticket sales, merchandise, sponsorship deals, and event concessions, to |
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64 | 64 | | support NIL activities and compensate intercollegiate athletes fairly. |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | - 3 - 001691 |
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68 | 68 | | |
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69 | 69 | | 49-7-2803. |
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70 | 70 | | (a) A certified NIL representative who represents an intercollegiate athlete under |
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71 | 71 | | this part for purposes of securing compensation for the use of the athlete's name, image, |
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72 | 72 | | or likeness must be licensed under § 49-7-2104, and must satisfy the requirements of |
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73 | 73 | | chapter 7, part 21 of this title. |
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74 | 74 | | (b) Certified NIL representatives must adhere to a fiduciary duty, acting in the |
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75 | 75 | | best interests of the intercollegiate athlete at all times. |
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76 | 76 | | (c) The secretary of state shall maintain a publicly accessible registry of certified |
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77 | 77 | | NIL representatives. |
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78 | 78 | | 49-7-2804. |
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79 | 79 | | (a) Institutions shall: |
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80 | 80 | | (1) Conduct mandatory workshops for intercollegiate athletes covering |
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81 | 81 | | NIL contract negotiation, tax responsibilities, wealth management, and personal |
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82 | 82 | | branding; |
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83 | 83 | | (2) Provide mentorship programs connecting intercollegiate athletes with |
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84 | 84 | | alumni and industry leaders to support NIL success; and |
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85 | 85 | | (3) Document and report on NIL activities and revenues annually to the |
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86 | 86 | | general assembly. |
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87 | 87 | | (b) |
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88 | 88 | | (1) There is established the statewide NIL oversight committee. The |
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89 | 89 | | Tennessee higher education commission shall appoint five (5) members who |
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90 | 90 | | have experience with NIL for intercollegiate athletes in this state to the statewide |
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91 | 91 | | NIL oversight committee. The statewide NIL oversight committee shall: |
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92 | 92 | | (A) Monitor the implementation and impact of NIL activities; |
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93 | 93 | | |
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94 | 94 | | |
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95 | 95 | | - 4 - 001691 |
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96 | 96 | | |
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97 | 97 | | (B) Publish annual reports on NIL revenues, expenditures, and |
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98 | 98 | | best practices; and |
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99 | 99 | | (C) Resolve disputes related to NIL agreements. |
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100 | 100 | | (2) In order to stagger the terms of the committee members, two (2) initial |
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101 | 101 | | appointees serve two-year terms, two (2) initial appointees serve three-year |
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102 | 102 | | terms, and one (1) initial appointee serves a four-year term. All subsequent |
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103 | 103 | | appointments are for four-year terms. A member's term of office begins on July 1 |
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104 | 104 | | and expires on June 30. Committee members may continue to serve on the |
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105 | 105 | | committee after their term expires, but only until a new member is appointed to |
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106 | 106 | | replace the committee member. Committee members may be reappointed to |
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107 | 107 | | multiple terms. |
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108 | 108 | | 49-7-2805. |
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109 | 109 | | (a) Institutions may create incentive-based revenue-sharing models that |
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110 | 110 | | allocate: |
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111 | 111 | | (1) A minimum of fifty percent (50%) of NIL-generated funds directly to |
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112 | 112 | | intercollegiate athletes and the intercollegiate athletes' certified NIL |
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113 | 113 | | representatives; |
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114 | 114 | | (2) Additional funds to enhance scholarships, athletic facilities, and |
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115 | 115 | | academic resources without reducing intercollegiate athlete compensation; and |
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116 | 116 | | (3) Reserved revenues for community outreach programs and |
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117 | 117 | | institutional growth. |
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118 | 118 | | (b) Media networks operated by an institution or NIL collective must: |
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119 | 119 | | (1) Showcase exclusive content to increase intercollegiate athlete |
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120 | 120 | | exposure and fan engagement; |
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121 | 121 | | |
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122 | 122 | | |
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123 | 123 | | - 5 - 001691 |
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124 | 124 | | |
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125 | 125 | | (2) Provide opportunities for intercollegiate athletes to co-create content |
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126 | 126 | | and share revenues; and |
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127 | 127 | | (3) Include revenue-sharing agreements to ensure equitable benefits for |
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128 | 128 | | intercollegiate athletes, certified NIL representatives, and institutions. |
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129 | 129 | | (c) An institution may establish an NIL program at the high school level to |
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130 | 130 | | educate prospective intercollegiate athletes on NIL opportunities that comply with state |
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131 | 131 | | and federal laws. |
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132 | 132 | | 49-7-2806. |
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133 | 133 | | (a) Institutions are encouraged to secure broadcast rights and partnerships with |
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134 | 134 | | streaming services or local networks to increase NIL visibility and revenue opportunities. |
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135 | 135 | | (b) Institutions may create branded merchandise collaborations featuring |
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136 | 136 | | intercollegiate athletes, with a portion of proceeds directly benefiting intercollegiate |
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137 | 137 | | athletes. |
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138 | 138 | | (c) Institutions may host NIL-centric events such as athlete showcases, branded |
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139 | 139 | | tournaments, or fan experience days, with revenues shared among intercollegiate |
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140 | 140 | | athletes and programs. |
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141 | 141 | | (d) State regulatory bodies shall not pursue NIL investigations. |
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142 | 142 | | (e) NIL programs shall prioritize equality and access and opportunity for all |
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143 | 143 | | institutions, ensuring smaller institutions receive the same access to NIL opportunities as |
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144 | 144 | | larger institutions. |
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145 | 145 | | (f) The state shall encourage high school athletes to explore NIL opportunities. |
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146 | 146 | | (g) Institutions may develop methods for NIL compensation, such as |
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147 | 147 | | tournaments that guarantee payments to participating teams and partnerships with an |
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148 | 148 | | intercollegiate athletic association as a licensor. |
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149 | 149 | | |
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150 | 150 | | |
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151 | 151 | | - 6 - 001691 |
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152 | 152 | | |
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153 | 153 | | (h) An institution may reinvest a portion of NIL revenues into marketing and |
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154 | 154 | | digital strategies to attract additional sponsorships and enhance NIL visibility for |
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155 | 155 | | intercollegiate athletes. |
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156 | 156 | | 49-7-2807. |
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157 | 157 | | (a) An institution may implement a talent fee. If an institution authorizes a talent |
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158 | 158 | | fee, then: |
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159 | 159 | | (1) The talent fee of a ticket sale may be no more than ten percent (10%) |
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160 | 160 | | of the ticket price; |
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161 | 161 | | (2) Revenues generated must be allocated directly toward NIL activities, |
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162 | 162 | | including athlete compensation, NIL program development, and fan engagement |
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163 | 163 | | platforms; |
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164 | 164 | | (3) The institution must ensure transparency by reporting the use of |
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165 | 165 | | talent fee revenues annually to the general assembly and the institution's |
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166 | 166 | | governing board; |
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167 | 167 | | (4) Talent fee revenue allocation must prioritize equitable compensation |
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168 | 168 | | opportunities for all intercollegiate athletes, ensuring access for institutions with |
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169 | 169 | | limited financial resources; and |
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170 | 170 | | (5) The revenue benefits intercollegiate athletes equitably across |
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171 | 171 | | institutions. |
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172 | 172 | | (b) Talent fee revenues must not disproportionately benefit intercollegiate |
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173 | 173 | | athletes from a single sport, but instead reflect balanced contributions to all athletic |
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174 | 174 | | programs at an institution. |
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175 | 175 | | (c) Institutions may utilize talent fee revenue to subsidize athletic scholarships, |
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176 | 176 | | facility upgrades, and athlete development programs; provided, these initiatives equally |
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177 | 177 | | benefit intercollegiate athletes across all sports. |
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178 | 178 | | |
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179 | 179 | | |
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180 | 180 | | - 7 - 001691 |
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181 | 181 | | |
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182 | 182 | | 49-7-2808. |
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183 | 183 | | (a) Institutions are encouraged to develop direct-to-consumer NIL platforms to |
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184 | 184 | | amplify athlete exposure, enhance fan engagement, and increase NIL revenue streams. |
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185 | 185 | | (1) These platforms may include: |
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186 | 186 | | (A) Social media channels dedicated to exclusive intercollegiate |
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187 | 187 | | athlete content; |
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188 | 188 | | (B) Podcasts and video series featuring intercollegiate athlete |
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189 | 189 | | interviews, game highlights, and personal stories; and |
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190 | 190 | | (C) Merchandise collaborations directly tied to NIL activities, |
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191 | 191 | | where intercollegiate athletes share in the revenue. |
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192 | 192 | | (2) Institutions must offer free access to such platforms to maximize |
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193 | 193 | | audience reach while providing premium sponsorship opportunities to generate |
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194 | 194 | | revenue. |
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195 | 195 | | (b) Institutions may leverage such platforms to attract local and national |
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196 | 196 | | sponsorships, ensuring the institution's athletes are positioned for NIL success on par |
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197 | 197 | | with athletes from larger institutions worldwide. |
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198 | 198 | | 49-7-2809. |
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199 | 199 | | (a) To address disparities in institutional resources, the state shall prioritize |
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200 | 200 | | support for NIL initiatives that benefit historically underserved institutions. |
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201 | 201 | | (b) Institutions may request matching funds from the state for investments in NIL |
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202 | 202 | | infrastructure, including media network development, marketing campaigns, and |
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203 | 203 | | educational programs. |
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204 | 204 | | (c) NIL partnerships that foster community involvement and local business |
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205 | 205 | | collaborations must receive priority for state support. |
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206 | 206 | | |
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207 | 207 | | |
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208 | 208 | | - 8 - 001691 |
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209 | 209 | | |
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210 | 210 | | SECTION 2. If any provision of this act or its application to any person or circumstance |
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211 | 211 | | is held invalid, then the invalidity does not affect other provisions or applications of the act that |
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212 | 212 | | can be given effect without the invalid provision or application, and to that end, the provisions of |
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213 | 213 | | this act are severable. |
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214 | 214 | | SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it. |
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