§ 6438-c. Student-athlete compensation. 1. For the purposes of this\nsection:\n (a) "student-athlete" shall mean (i) a student enrolled at a college\nand participating in intercollegiate athletics, or (ii) an individual\nwho has completed at least their sophomore year of high school or\ninternational equivalent and is eligible, or may in the future be\neligible, to attend a college and participate in intercollegiate\nathletics. Such term shall not include an individual permanently\nineligible to participate in a particular interscholastic or\nintercollegiate sport; and\n (b) "team contract" shall mean any written agreement between a\nstudent-athlete and a college, or division, department, program or team\nthereof, which includes goals and objectives, standards, prohibitions,\nbroadcast, advertising or marketing rights or consents, rules or\nexpectations applicable to the student-athlete.\n 2. (a) A college shall not uphold any rule, requirement, standard, or\nother limitation that prevents a student-athlete from earning\ncompensation pursuant to this section as a result of the use of the\nstudent-athlete's name, image, or likeness.\n (b) An athletic association, conference, or other group or\norganization with authority over intercollegiate athletics, including,\nbut not limited to, the National Collegiate Athletic Association (NCAA),\nshall not prevent a student-athlete from earning compensation pursuant\nto this section as a result of the use of the student-athlete's name,\nimage, or likeness.\n (c) An athletic association, conference, or other group or\norganization with authority over intercollegiate athletics, including,\nbut not limited to, the NCAA, shall not prevent a college from: (i)\nparticipating in intercollegiate athletics as a result of allowing a\nstudent-athlete pursuant to this section from earning compensation as a\nresult of the use of the student-athlete's name, image, or likeness; or\n(ii) identifying, facilitating, enabling, or supporting opportunities\nfor a student-athlete to earn compensation for the student-athlete's\nname, image, or likeness.\n (d) An athletic association, conference, or other group or\norganization with authority over intercollegiate athletics, including,\nbut not limited to the NCAA, shall not and shall not authorize its\nmember institutions to:\n (i) prevent a college from participation in intercollegiate athletics\nbecause a student-athlete in attendance has previously earned or intends\nto earn compensation for the use of his or her name, image, or likeness;\n (ii) entertain a complaint, open an investigation, or take any other\nadverse action against a college for engaging in any activity protected\nin this section or for involvement in a student-athlete's name, image,\nor likeness; or\n (iii) penalize or prevent a college from participation in\nintercollegiate athletics because an individual or entity whose purpose\nincludes supporting or benefitting the college or its athletic programs\nor student-athletes violates the collegiate athletic association's rules\nor regulations with regard to a student-athlete's name, image, or\nlikeness.\n 3. A college, athletic association, conference, or other group or\norganization with authority over intercollegiate athletics shall not\nprovide a prospective student-athlete with compensation in relation to\nthe student-athlete's name, image, or likeness.\n 4. (a) A college, athletic association, conference, or other group or\norganization with authority over intercollegiate athletics shall not\nprevent a student-athlete from obtaining professional representation in\nrelation to name, image, or likeness contracts or legal matters,\nincluding, but not limited to, representation provided by athlete agents\nor legal representation provided by attorneys.\n (b) Professional representation obtained by a student-athlete shall be\nfrom persons registered and/or licensed by the state. Professional\nrepresentation provided by athlete agent
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