2023 -- H 5340

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     STATE OF RHODE ISLAND

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 ATHLETICS

     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

adding thereto the following chapter:

CHAPTER 112

COMPENSATION FOR STUDENTS PARTICIPATING IN INTERCOLLEGIATE

ATHLETICS

     16-112-1. Compensation for students participating in intercollegiate athletics.

     (a)(1) A postsecondary educational institution in this state, whether public or private, shall

not uphold any rule, requirement, standard, or other limitation that prevents a student of that

institution from participating in intercollegiate athletics and also earning compensation as a result

of the use of the student's name, image, or likeness. Earning compensation from the use of a

student's name, image, or likeness shall not affect the student's scholarship eligibility.

     (2) An athletic association, conference, or other group or organization, with authority over

intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association

(NCAA), shall not prevent a student athlete from earning compensation as a result of the use of the

student's name, image, or likeness.

     (3) An athletic association, conference, or other group or organization with authority over

intercollegiate athletics, including, but not limited to, the NCAA, shall not prevent a postsecondary

educational institution from participating in intercollegiate athletics as a result of the compensation

of a student athlete for the use of the student's name, image, or likeness.

     (b) A postsecondary educational institution, athletic association, conference, or other group

or organization with authority over intercollegiate athletics shall not provide a prospective student,

who shall participate in intercollegiate athletics, with compensation in relation to the student's

name, image, or likeness.

     (c)(1) A postsecondary educational institution, athletic association, conference, or other

group or organization, with authority over intercollegiate athletics, shall not prevent a student

athlete in this state from obtaining professional representation in relation to contracts or legal

matters, including, but not limited to, representation provided by an athlete agent or legal

representation provided by an attorney.

     (2) Professional representation obtained by a student athlete shall be from persons licensed

by the state. An athlete agent representing a student athlete for purposes of earning compensation,

as a result of the use of the student's name, image, or likeness, shall be registered under chapter

74.1 of title 5. An attorney representing a student athlete for purposes of earning compensation, as

a result of the use of the student's name, image, or likeness, shall be licensed to practice in the state.

     (3) An athlete agent representing a student athlete shall comply with the federal Sports

Agent Responsibility and Trust Act in 15 U.S.C. Ch. 104 § 7801-7807 in their relationships with

the student.

     (d) A scholarship from the postsecondary educational institution, in which a student is

enrolled that meets the cost of attendance, is not compensation for purposes of this chapter, and a

scholarship shall not be revoked as a result of the student earning compensation or obtaining

professional or legal representation under this chapter.

     (e)(1) A student athlete shall not enter into a contract providing compensation to the

student, for use of the student's name, image, or likeness, if a provision of such contract is in conflict

with a provision of the student's team contract.

     (2) A postsecondary educational institution asserting a conflict under subsection (e)(1) of

this section, shall disclose the relevant contractual provisions that are in conflict with the student's

team contract, to the student athlete or the athlete's representative.

     (3) A student athlete who enters into a contract providing compensation to the student for

use of the student's name, image, or likeness, shall disclose the contract to an official of the

postsecondary educational institution in which he or she is enrolled, to be designated by the

institution.

     (f) A team contract of a postsecondary educational institution's athletic program shall not

prevent a student athlete from using the student's name, image, or likeness for a commercial purpose

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when the student is not engaged in official team activities. This subsection applies only to contracts

entered into, modified, or renewed on or after January 1, 2025.

     (g) For purposes of this chapter:

     (1) The term "postsecondary educational institution" means a state university or college,

or a private college or university.

     (2) The term "student athlete" means a student of a postsecondary educational institution

who participates in intercollegiate athletics.

     (h) The council on postsecondary education, established by chapter 59 of title 16, shall

promulgate regulations and rules, to implement and administer this chapter.

     SECTION 2. This act shall take effect on January 1, 2024.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- COMPENSATION FOR STUDENTS PARTICIPATING IN

INTERCOLLEGIATE ATHLETICS

***

     This act would expressly allow college athletes, while they are students, to personally profit

from the use of their name, image, and likeness, and prohibit the NCAA from preventing these

practices.

     This act would take effect on January 1, 2024.

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