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 -1- HF 364.2253 (3) 89 je/jh 1/ 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 -2- HF 364.2253 (3) 89 je/jh 2/ 3
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.