2022 -- H 6673

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LC003525

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION - COMPENSATION FOR STUDENTS PARTICIPATING IN

INTERCOLLEGIATE ATHLETICS

     

     Introduced By: Representative Joseph J. Solomon

     Date Introduced: January 06, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 112

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COMPENSATION FOR STUDENTS PARTICIPATING IN INTERCOLLEGIATE

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ATHLETICS

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

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

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

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

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

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

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

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

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

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student's name, image, or likeness.

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

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

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

 

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

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

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

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

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image, or likeness.

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

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

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

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

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representation provided by an attorney.

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

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

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as a result of the use of the student's name, image, or likeness, must be registered under chapter 74

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

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

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

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Agent Responsibility and Trust Act in 15 U.S.C. Ch. 104 in their relationships with the student.

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

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

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

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professional or legal representation under this chapter.

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

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

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a provision of the student's team contract.

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

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

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team contract, to the student athlete or his or her representative.

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

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

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

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institution.

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

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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

 

LC003525 - Page 2 of 4

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entered into, modified, or renewed on or after January 1, 2024.

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     (g) For purposes of this section:

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

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or a private college or university.

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

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who participates in intercollegiate athletics.

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     (h) The council on postsecondary education, established by chapter 5 of title 16, shall

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

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     SECTION 2. This act shall take effect on January 1, 2023.

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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

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

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

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practices.

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     This act would take effect on January 1, 2023.

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