Vote Smart's Synopsis:

Vote to pass a bill that requires paying student athletes if their likeness is used in advertising.

Highlights:

• Defines "compensation" as any form of payment or remuneration, including, but not limited to, cash, gifts, in-kind items of value, social media compensation, payments for licensing or use of publicity rights, payments for other intellectual or intangible property rights under federal or state law and any other form of payment or remuneration (Sec. 2.a).

• Defines "likeness" as a physical, digital, or other depiction or representation of a student-athlete (Sec. 2.d).

• Authorizes a student-athlete to (Sec. 3-1):

• Earn compensation, commensurate with market value, for the use of the name, image or likeness of the student-athlete while enrolled at a postsecondary educational institution; and

• Obtain and retain a certified agent for any matter or activity relating to such compensation.

• Prohibits a postsecondary educational institution, athletic association, conference or other group or organization with authority over intercollegiate athletics programs, including, but not limited to, the National Collegiate Athletic Association and the National Junior College Athletic Association from doing the following (Sec. 4-2):

• Entering into, or offer to enter into, a name, image and likeness agreement with a prospective or current student-athlete; or

• Providing a prospective or current student-athlete or the student-athlete's family compensation concerning the use of the student-athlete's name, image, or likeness.

• Prohibits a grant-in-aid, including the cost of attendance, and other permissible financial aid, awards, or benefits from the postsecondary educational institution in which a student-athlete is enrolled from being revoked, returned or altered (Sec. 4-4).

• Specifies if a student-athlete's sex is disputed, the student-athlete may establish his or her sex by presenting a signed physician's statement which indicates the student-athlete's sex-based solely upon (Sec. 5-2):

• The student-athlete's internal and external reproductive anatomy;

• The student-athlete's normal endogenously produced levels of testosterone; and

• An analysis of the student-athlete's genetic makeup.

• Authorizes all persons 18 years of age or older to be able to enter into binding contractual relationships affecting the use of their name, image, or likeness while participating in intercollegiate sports as student-athletes (Sec. 6-1).

• Classifies the term "private cause of action or any claim for damages of any kind" as any claim or action brought by any person or current or former student-athlete who is not a party to a name, image and likeness agreement or contract with the postsecondary educational institution, athletic association, conference or other group or organization with authority over intercollegiate athletic programs (Sec. 7).

Full Bill Text