House
File
364
S-3179
Amend
House
File
364,
as
passed
by
the
House,
as
follows:
1
1.
Page
2,
after
line
24
by
inserting:
2
<
Sec.
___.
NEW
SECTION
.
9A.121
Compensation
of
student
3
athletes
——
limitation
on
postsecondary
institutions.
4
1.
a.
A
postsecondary
educational
institution
shall
not
5
enforce
any
rule,
requirement,
standard,
or
other
limitation
6
that
prevents
a
student
athlete
enrolled
at
the
institution
7
from
fully
participating
in
intercollegiate
athletics
and
doing
8
any
of
the
following
as
a
result
of
the
use
of
the
athlete’s
9
name,
image,
or
likeness
rights,
or
athletic
reputation,
or
10
that
otherwise
penalizes
such
an
athlete:
11
(1)
Earning
compensation.
12
(2)
Receiving
food,
shelter,
or
insurance
coverage,
or
13
receiving
payment
for
the
cost
of
food,
shelter,
insurance
14
coverage,
or
medical
care.
15
b.
A
student
athlete’s
financial
aid
eligibility,
amount,
16
duration,
or
renewal,
or
any
other
benefit
for
which
the
17
athlete
is
otherwise
eligible,
shall
not
be
affected
by
18
the
athlete
receiving
an
item
described
in
paragraph
“a”
,
19
subparagraph
(1)
or
(2),
from
the
use
of
an
athlete’s
name,
20
image,
or
likeness
rights,
or
athletic
reputation.
21
2.
For
purposes
of
this
chapter,
financial
aid
from
a
22
postsecondary
educational
institution
in
which
a
student
23
athlete
is
enrolled
is
not
compensation
for
use
of
the
24
athlete’s
name,
image,
and
likeness
rights,
or
athletic
25
reputation.
Such
financial
aid
shall
not
be
revoked
or
reduced
26
as
a
result
of
an
athlete
receiving
an
item
described
in
27
subsection
1,
paragraph
“a”
,
subparagraph
(1)
or
(2),
pursuant
28
to
this
chapter.
29
Sec.
___.
NEW
SECTION
.
9A.122
Student
athletes
——
30
professional
representation.
31
A
postsecondary
educational
institution
shall
not
32
interfere
with
or
prevent
a
student
athlete
enrolled
at
a
33
postsecondary
educational
institution
from
fully
participating
34
in
intercollegiate
athletics
for
obtaining
professional
35
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364.2253
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3
#1.
representation
in
relation
to
contracts
or
legal
matters,
1
including
but
not
limited
to
representation
by
an
athlete
2
agent.
3
Sec.
___.
NEW
SECTION
.
9A.123
Student
athletes
——
contracts
4
for
advertising.
5
A
person
shall
not
offer
to
enter
into
a
contract
with
a
6
student
athlete
to
provide
compensation
to
the
athlete
for
use
7
of
the
athlete’s
name,
image,
or
likeness
rights,
or
athletics
8
reputation
that
requires
the
athlete
to
engage
in
in-person
9
advertising
for
the
person
during
official,
mandatory
team
10
activities
without
approval
from
the
athlete’s
postsecondary
11
educational
institution.
12
Sec.
___.
NEW
SECTION
.
9A.124
Disclosure
of
contract
——
13
confidentiality.
14
A
student
athlete
who
enters
into
a
contract
providing
15
compensation
to
the
athlete
for
use
of
the
athlete’s
name,
16
image,
or
likeness
rights,
or
athletics
reputation,
shall
17
disclose
the
full
contract
to
an
official
of
the
postsecondary
18
educational
institution
at
which
the
athlete
is
enrolled
19
designated
by
the
institution
for
that
purpose.
The
20
institution
and
designated
official
shall
not
disclose
to
any
21
other
person
the
terms
of
such
contract
that
the
athlete
or
the
22
athlete’s
legal
representative
deems
to
be
a
trade
secret
or
23
otherwise
confidential.
24
Sec.
___.
NEW
SECTION
.
9A.125
Compensation
outside
of
25
official,
mandatory
team
activities.
26
The
terms
of
a
team
contract
of
a
postsecondary
educational
27
institution’s
athletic
program
shall
not
prevent
a
student
28
athlete
from
receiving
compensation
for
using
the
athlete’s
29
name,
image,
or
likeness
rights,
or
athletic
reputation
for
a
30
commercial
purpose
when
the
athlete
is
not
engaged
in
official,
31
mandatory
team
activities
if
such
activities
are
recorded
in
32
writing
and
made
publicly
available.
Such
team
activities
33
shall
not
exceed
twenty
hours
per
week
during
the
athletic
34
season
and
eight
hours
per
week
during
the
off-season.
35
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364.2253
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Sec.
___.
EFFECTIVE
DATE.
The
sections
of
this
Act
enacting
1
sections
9A.121
through
9A.125,
and
the
section
of
this
Act
2
relating
to
the
applicability
of
such
sections,
being
deemed
of
3
immediate
importance,
take
effect
upon
enactment.
4
Sec.
___.
APPLICABILITY.
Sections
9A.121
through
9A.125,
5
as
enacted
by
this
Act,
apply
to
any
agreement
or
contract
6
newly
entered
into,
renewed,
modified,
or
extended
on
or
7
after
the
earlier
of
July
1,
2021;
the
effective
date
of
any
8
substantially
similar
state
or
federal
law;
or
the
effective
9
date
of
an
athletic
association
or
athletic
conference
rule
10
regarding
name,
image,
and
likeness
compensation
for
student
11
athletes
if
a
postsecondary
educational
institution
is
a
member
12
of
such
athletic
association
or
athletic
conference.
For
13
purposes
of
this
section,
“agreement
or
contract”
includes
but
14
is
not
limited
to
the
national
letter
of
intent,
a
student
15
athlete’s
financial
aid
agreement,
a
commercial
contract,
16
and
rules
or
bylaws
of
an
athletic
conference
or
athletic
17
association.
>
18
2.
Title
page,
by
striking
line
2
and
inserting
19
<
compensation
of
student
athletes,
making
penalties
applicable,
20
and
including
effective
date
and
applicability
provisions.
>
21
3.
By
renumbering
as
necessary.
22
______________________________
NATE
BOULTON
-3-
HF
364.2253
(3)
89
je/jh
3/
3
#2.
#3.