HF 3908

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 01:47pm

A bill for an act
relating to higher education; allowing compensation for student athletes for use
of athletes' name, image, or likeness; establishing a working group; proposing
coding for new law in Minnesota Statutes, chapter 135A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [135A.1915] LEGISLATIVE INTENT; STUDENT ATHLETE
COMPENSATION FOR USE OF STUDENTS' NAME, IMAGE, OR LIKENESS.
new text end

new text begin (a) It is the intent of the legislature to monitor the National Collegiate Athletic Association
(NCAA) working group created in May 2019 to examine issues relating to the use of a
student's name, image, and likeness and revisit this issue to implement significant findings
and recommendations of the NCAA working group in furtherance of the statutory changes
proposed by this bill.
new text end

new text begin (b) It is the intent of the legislature to continue to develop policies to ensure appropriate
protections are in place to avoid exploitation of student athletes, colleges, and universities.
new text end

new text begin (c) The legislature finds and declares that Minnesota's community colleges are two-year
institutions not governed by the NCAA. In acknowledgment of this, it is the intent of the
legislature to create a community college athlete name, image, and likeness working group
under section 135A.1917 to study the Minnesota College Athletic Conference's bylaws,
state and federal laws, and national athletic association bylaws regarding a community
college athlete's use of the athlete's name, image, and likeness for compensation. The working
group must report policy recommendations to the legislature and the Minnesota College
Athletic Conference by July 1, 2022.
new text end

Sec. 2.

new text begin [135A.1916] COMPENSATION FOR STUDENT ATHLETES FOR THE
USE OF STUDENTS' NAME, IMAGE, OR LIKENESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "postsecondary educational
institution" means any campus of the University of Minnesota or the Minnesota state
universities, or a private postsecondary educational institution.
new text end

new text begin Subd. 2. new text end

new text begin Compensation for student athletes. new text end

new text begin (a) A postsecondary educational institution
shall not uphold any rule, requirement, standard, or other limitation that prevents a student
of that institution participating in intercollegiate athletics from 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.
new text end

new text begin (b) 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
student of a postsecondary educational institution participating in intercollegiate athletics
from earning compensation as a result of the use of the student's name, image, or likeness.
new text end

new text begin (c) 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.
new text end

new text begin (d) A postsecondary educational institution, athletic association, conference, or other
group or organization with authority over intercollegiate athletics shall not provide a
prospective student athlete with compensation in relation to the athlete's name, image, or
likeness.
new text end

new text begin Subd. 3. new text end

new text begin Professional representation. new text end

new text begin (a) A postsecondary educational institution,
athletic association, conference, or other group or organization with authority over
intercollegiate athletics shall not prevent a Minnesota student participating in intercollegiate
athletics from obtaining professional representation in relation to contracts or legal matters,
including but not limited to representation provided by athlete agents or legal representation
provided by attorneys.
new text end

new text begin (b) Professional representation obtained by student athletes shall be from persons licensed
by the state. Professional representation provided by athlete agents shall be by persons
licensed pursuant to chapter 81A. Legal representation of student athletes shall be by
attorneys licensed pursuant to chapter 481.
new text end

new text begin (c) Athlete agents representing student athletes shall comply with the federal Sports
Agent Responsibility and Trust Act, United States Code, title 15, chapter 104, section 7801,
in their relationships with student athletes.
new text end

new text begin Subd. 4. new text end

new text begin Scholarship is not compensation. new text end

new text begin A scholarship from the postsecondary
educational institution in which a student is enrolled that provides the student with the cost
of attendance at that institution is not compensation for purposes of this section, and a
scholarship shall not be revoked as a result of earning compensation or obtaining legal
representation pursuant to this section.
new text end

new text begin Subd. 5. new text end

new text begin Entering into a contract. new text end

new text begin (a) A student athlete shall not enter into a contract
providing compensation to the athlete for use of the athlete's name, image, or likeness if a
provision of the contract is in conflict with a provision of the athlete's team contract.
new text end

new text begin (b) A student athlete who enters into a contract providing compensation to the athlete
for use of the athlete's name, image, or likeness shall disclose the contract to an official of
the institution, to be designated by the institution.
new text end

new text begin (c) An institution asserting a conflict described in paragraph (a) shall disclose to the
athlete or the athlete's legal representation the relevant contractual provisions that are in
conflict.
new text end

new text begin Subd. 6. new text end

new text begin Team contract. new text end

new text begin A team contract of a postsecondary educational institution's
athletic program shall not prevent a student athlete from using the athlete's name, image,
or likeness for a commercial purpose when the athlete is not engaged in official team
activities. It is the intent of the legislature that this prohibition shall apply only to contracts
entered into, modified, or renewed on or after the enactment of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 3.

new text begin [135A.1917] WORKING GROUP.
new text end

new text begin (a) The chancellor of the Minnesota State Colleges and Universities shall convene a
community college athlete name, image, and likeness working group. The working group
shall include but not be limited to the following members:
new text end

new text begin (1) a chancellor's office representative;
new text end

new text begin (2) a Minnesota College Athletic Conference representative;
new text end

new text begin (3) at least two community college student athletes;
new text end

new text begin (4) a community college athletic administrator;
new text end

new text begin (5) a community college athletic coach;
new text end

new text begin (6) a student representative from the Minnesota colleges;
new text end

new text begin (7) one member appointed by the speaker of the house; and
new text end

new text begin (8) one member appointed by the senate Rules Committee.
new text end

new text begin All appointments to the working group shall be completed on or before July 1, 2021.
new text end

new text begin (b) The working group shall:
new text end

new text begin (1) review existing Minnesota College Athletic Conference bylaws, state and federal
laws, and national athletic association bylaws regarding a college athlete's use of the athlete's
name, image, and likeness for compensation; and
new text end

new text begin (2) on or before July 1, 2022, submit a report to the Minnesota College Athletic
Conference and the legislature containing its findings and policy recommendations in
connection with its review pursuant to clause (1).
new text end

new text begin (c) This section expires July 1, 2026.
new text end