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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10289 Summary: BILL NO S10289 &nbsp SAME AS SAME AS A10964

&nbsp SPONSOR PARKER &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §6438-c, Ed L &nbsp Refines conditions for name, image, and likeness compensation agreements involving student-athletes and prospective student-athletes.

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STATE OF NEW YORK ________________________________________________________________________

10289

IN SENATE

May 11, 2026 ___________

Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to student-athlete name, image, and likeness compensation

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Section 6438-c of the education law, as added by chapter 2 622 of the laws of 2022, subdivision (a) of subdivision 1 and paragraph 3 (c) of subdivision 2 as amended and paragraph (d) of subdivision 2 as 4 added and such section as renumbered by chapter 154 of the laws of 2023, 5 is amended to read as follows: 6 § 6438-c. Student-athlete name, image, and likeness compensation. 1. 7 For the purposes of this section: 8 (a) "student-athlete" shall mean (i) a student enrolled at a college 9 and participating in intercollegiate athletics, or (ii) an individual 10 who has completed at least their sophomore year of high school or inter- 11 national equivalent and is eligible, or may in the future be eligible, 12 to attend a college and participate in intercollegiate athletics. Such 13 term shall not include an individual permanently ineligible to partic- 14 ipate in a particular interscholastic or intercollegiate sport; [ and ] 15 (b) "team contract" shall mean any written agreement between a 16 student-athlete and a college, or division, department, program or team 17 thereof, which includes goals and objectives, standards, prohibitions, 18 broadcast, advertising or marketing rights or consents, rules or expec- 19 tations applicable to the student-athlete[ . ] ; 20 (c) "collegiate sports governing body" shall mean an athletic associ- 21 ation, conference, or other group or organization with authority over 22 intercollegiate athletics; 23 (d) "NIL" shall refer to name, image and likeness; and 24 (e) "NIL advisor" shall mean any individual or entity, other than a 25 licensed attorney or registered athlete agent, that for compensation 26 negotiates, arranges, procures, or materially advises on a student-ath- 27 lete name, image, and likeness agreement.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15464-01-6

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1 2. (a) A college shall not uphold any rule, requirement, standard, or 2 other limitation that prevents a student-athlete from earning compen- 3 sation [ pursuant to this section as a result of ] from the use of the 4 student-athlete's name, image, or likeness , except as expressly permit- 5 ted under this section . 6 (b) [ An athletic association, conference, or other group or organiza- 7 tion with authority over intercollegiate athletics, including, but not 8 limited to, the National Collegiate Athletic Association (NCAA), ] A 9 collegiate sports governing body shall not prevent or unreasonably delay 10 a student-athlete from earning compensation pursuant to this section [ as 11 a result of the use of the student-athlete's name, image, or likeness ]. 12 (c) [ An athletic association, conference, or other group or organiza- 13 tion with authority over intercollegiate athletics, including, but not 14 limited to, the NCAA, ] A collegiate sports governing body shall not 15 [ prevent ] take any adverse action against a college [ from: (i) partic- 16 ipating in intercollegiate athletics ] : (i) as a result of allowing a 17 student-athlete to earn compensation pursuant to this section [ from 18 earning compensation as a result of the use of the student-athlete's 19 name, image, or likeness ]; or (ii) because an individual or entity whose 20 purpose includes supporting or benefitting the college or its athletic 21 programs or student-athletes violates the collegiate sports governing 22 body's rules with regard to a student-athlete's name, image, or like- 23 ness. A collegiate sports governing body shall not take any adverse 24 action against a college, or any individual or entity whose purpose 25 includes supporting or benefitting the college or its athletic programs 26 or student-athletes, for entering into contracts for a student-athlete 27 to earn compensation for the student-athlete's name, image, or likeness; 28 or (iii) identifying, facilitating, enabling, or supporting [ opportu- 29 nities for a student-athlete to earn compensation for the student- 30 athlete's ] lawful name, image, or likeness opportunities . 31 (d) [ An athletic association, conference, or other group or organiza- 32 tion with authority over intercollegiate athletics, including, but not 33 limited to the NCAA, shall not and shall not authorize its member insti- 34 tutions to: 35 (i) prevent a college from participation in intercollegiate athletics 36 because a student-athlete in attendance has previously earned or intends 37 to earn compensation for the use of his or her name, image, or likeness; 38 (ii) entertain a complaint, open an investigation, or take any other 39 adverse action against a college for engaging in any activity protected 40 in this section or for involvement in a student-athlete's name, image, 41 or likeness; or 42 (iii) penalize or prevent a college from participation in intercolle- 43 giate athletics because an individual or entity whose purpose includes 44 supporting or benefitting the college or its athletic programs or 45 student-athletes violates the collegiate athletic association's rules or 46 regulations with regard to a student-athlete's name, image, or like- 47 ness. ] A college or affiliated entity shall not directly or indirectly 48 condition playing time, scholarship status, team participation, roster 49 position, or other athletic benefits on a student-athlete's partic- 50 ipation in any specific name, image, and likeness opportunity. 51 3. (a) A college[ , athletic association, conference, or other group or 52 organization with authority over intercollegiate athletics ] or collegi- 53 ate sports governing body shall not provide compensation to a prospec- 54 tive student-athlete [ with compensation ] in relation to the student- 55 athlete's name, image, or likeness.

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1 (b) Any name, image, and likeness agreement involving a prospective 2 student-athlete who is a minor shall: (i) require written consent of a 3 parent or legal guardian; (ii) include clear written disclosure of mate- 4 rial terms in plain language; and (iii) provide a rescission period of 5 not less than five business days during which the agreement may be void- 6 ed without penalty. 7 4. (a) A [ college, athletic association, conference, or other group or 8 organization with authority over intercollegiate athletics shall not 9 prevent a ] student-athlete [ from obtaining ] may obtain professional or 10 other representation in [ relation to ] connection with name, image, or 11 likeness [ contracts or legal ] matters, including[ , but not limited to, ] 12 representation [ provided ] by licensed attorneys, registered athlete 13 agents [ or legal representation provided by attorneys ] , or NIL advisors . 14 (b) [ Professional representation obtained by a student-athlete shall 15 be from persons registered and/or licensed by the state. ] Professional 16 representation provided by athlete agents shall be by persons registered 17 pursuant to article thirty-nine-E of the general business law. Legal 18 representation of student-athletes shall be by attorneys licensed pursu- 19 ant to article fifteen of the judiciary law. Athlete agents and attor- 20 neys shall provide student-athletes with proof of registration or licen- 21 sure prior to entering an agreement for representation. 22 (c) Athlete agents representing student-athletes shall comply with the 23 federal Sports Agent Responsibility and Trust Act, established in chap- 24 ter 104 of title 15 of the United States Code, and all applicable 25 portions of article thirty-nine-E of the general business law, in their 26 relationships with student-athletes. 27 (d) Athlete agents, attorneys, and NIL advisors representing student- 28 athletes shall have a fiduciary duty to act in the best interest of 29 student-athletes. 30 (e) Athlete agents, attorneys, and NIL advisors and representing 31 student-athletes shall have an ongoing duty to disclose actual or poten- 32 tial conflicts of interest to any student-athletes represented by the 33 athlete agent, attorney or NIL advisor. 34 (f) Any agreements governing an athlete agent, attorney or NIL advi- 35 sor's representation of a student-athlete shall: 36 (i) be in writing; 37 (ii) include a defined term period which shall not automatically renew 38 and shall not extend beyond the sooner of the student-athlete's eligi- 39 bility to participate, or actual participation, in intercollegiate 40 athletics; 41 (iii) include defined and clear termination rights for the student- 42 athlete, which shall include, at a minimum, the student-athlete's option 43 to terminate the agreement upon the athlete agent, attorney, or NIL 44 advisor's material breach of the agreement or violation of any applica- 45 ble laws; and 46 (iv) clearly define any and all fees, costs or expenses that the 47 student-athlete will incur under the agreement, including but not limit- 48 ed to any fees that the athlete agent, attorney or NIL advisor will 49 charge. 50 (g) Any agreements governing an athlete agent, attorney or NIL advi- 51 sor's representation of a student-athlete shall not: 52 (i) include terms that require arbitration and/or mediation as the 53 exclusive means of dispute resolution available to the student-athlete 54 or that waive the student-athlete's right to pursue remedies in a court 55 of competent jurisdiction. Nothing contained in this section shall be 56 construed to prohibit a student-athlete and an athlete agent, attorney

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1 or NIL advisor from voluntarily agreeing to submit a dispute to arbi- 2 tration or mediation after such dispute has arisen; 3 (ii) provide or offer a student-athlete, prospective student-athlete, 4 or student-athlete's parent or legal guardian an advance payment, loan, 5 or other thing of value prior to the student-athlete's enrollment at a 6 college, except as permitted under the federal Sports Agent Responsibil- 7 ity and Trust Act; 8 (iii) require repayment of any advance payment, loan, or benefit 9 provided to a student-athlete, prospective student-athlete, or student- 10 athlete's parent or legal guardian in an amount exceeding the principal 11 amount advanced, excluding reasonable interest at a rate not to exceed 12 the applicable federal rate established by the Internal Revenue Service 13 pursuant to section 1274(d) of the Internal Revenue Code of 1986, as 14 amended; or 15 (iv) grant the athlete agent, attorney or NIL advisor any share, 16 percentage, or interest in the student-athlete or prospective student- 17 athlete's future earnings that accrue after the sooner of the student- 18 athlete or prospective student-athlete's eligibility to participate, or 19 actual participation, in intercollegiate athletics. 20 (h) Agreements that: (i) do not satisfy the requirements of paragraph 21 (g) of this subdivision; or (ii) are between a student-athlete and an 22 athlete agent or attorney who is not properly licensed or registered in 23 compliance with applicable rules, regulations and laws, shall be unen- 24 forceable as against the student-athlete. Any deviations from those 25 fees, costs or expenses disclosed under subparagraph (iv) of paragraph 26 (f) of this subdivision which have not been expressly agreed to in writ- 27 ing by a student-athlete shall be unenforceable as against the student- 28 athlete. 29 (i) A student-athlete shall have a right of action against an athlete 30 agent, attorney or NIL advisor for damages caused by any violation of 31 this subdivision. In an action brought pursuant to this section, a court 32 may award injunctive relief and any other remedy available at law or in 33 equity to a student-athlete and may award reasonable attorneys' fees to 34 a prevailing plaintiff student-athlete. 35 5. A scholarship [ from the college in which a student-athlete is 36 enrolled that provides the student-athlete with ] providing the cost of 37 attendance [ at that college is not compensation for purposes of this 38 section, and a scholarship ] shall not be revoked , reduced, or condi- 39 tioned due to a student-athlete earning compensation [ as a result of the 40 use of the student-athlete's ] from name, image, or likeness[ , or due to ] 41 activities or obtaining [ legal or athletic agent ] representation [ in 42 relation to name, image, or likeness matters ] as permitted under this 43 section . 44 6. (a) A student-athlete shall not enter into a contract providing 45 compensation to the student-athlete for use of the student-athlete's 46 name, image, or likeness if a provision of the contract causes a 47 conflict pursuant to paragraph (d) of this subdivision. 48 (b) A student-athlete who enters into a contract providing compen- 49 sation to the student-athlete for use of the student-athlete's name, 50 image, or likeness shall disclose the contract in advance of executing 51 it to an official of the college, as designated by the college. A 52 college shall respond to such disclosure within seven business days. 53 (c) A college asserting a conflict pursuant to paragraph (a) of this 54 subdivision shall disclose to the student-athlete or the student- 55 athlete's [ legal ] representation the relevant contractual provisions 56 that are in conflict; provided, however, that a college shall not be

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1 required to disclose any financial terms of such contract unless other- 2 wise required by applicable law. 3 (d) A college asserting a conflict pursuant to paragraph (a) of this 4 subdivision may assert a conflict based on, but not limited to, the 5 following grounds: 6 (i) the proposed contract would cause the student-athlete to violate 7 the team contract; or 8 (ii) the proposed contract would cause the student-athlete to violate 9 the college's student handbook or code of conduct; or 10 (iii) the proposed contract would conflict with an existing contract 11 or sponsorship the college participates in; or 12 (iv) the proposed contract would reasonably be judged to cause finan- 13 cial loss or reputational damage to the college; or 14 (v) the proposed contract would require actions by the student-athlete 15 during team activities; or 16 (vi) the proposed contract would require actions by the student-ath- 17 lete during scheduled classes; or 18 (vii) the proposed contract would use the college's name, brand, copy- 19 written materials, trademarks, service marks, symbols, nicknames, trade 20 dress, insignia, mascot, uniform styles, colors, imagery, campus land- 21 marks, or any other intellectual property or indicia without the consent 22 of the college ; or 23 (viii) the proposed contract would require the student-athlete to 24 display a sponsor's product, logo, brand, or other indicia, or otherwise 25 advertise for a sponsor, during official team activities; or 26 (ix) the proposed contract would require the student-athlete to 27 display a sponsor's product, logo, brand or other indicia, or otherwise 28 advertise for a sponsor at any time, and such sponsor is a competitor 29 of, or offers products or services within the same category as a sponsor 30 of the college. 31 (e) A student-athlete may appeal a conflict determination by a college 32 through a neutral institutional or statewide review process established 33 pursuant to this section. Nothing in this subdivision shall be construed 34 to override or impair rights established under any other agreement 35 voluntarily entered into by the student-athlete. 36 7. A [ team of a college's athletic program shall not prevent a ] 37 student-athlete [ from using the student-athlete's ] may engage in name, 38 image, or likeness [ for a commercial purpose ] activities when [ the 39 student-athlete is ] not engaged in official team activities, [ except 40 where there is a conflict pursuant to paragraph (d) of subdivision six 41 of this section or any other prohibition in this section ] subject only 42 to lawful conflict determinations under subdivision six of this section . 43 8. [ Each college athletic program that participates in Division 1 NCAA 44 athletics shall offer a student-athlete assistance program or programs, 45 designed to provide student-athletes participating in Division 1 athlet- 46 ics with tools aimed to enhance their well-being and experiences in the 47 classroom, off the field of play, and beyond their tenure as student- 48 athletes. The student-athlete assistance program may include but not be 49 limited to: 50 (a) a dedicated financial distress fund that would support student- 51 athletes in times of financial need. Disbursements from such fund are 52 not compensation for the purposes of this section; 53 (b) access to ongoing mental health support services provided by coun- 54 selors specially trained to understand the unique issues and pressures 55 student-athletes confront;

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1 (c) access to broad-based financial literacy training, with a specific 2 emphasis on the issues and opportunities relevant to student-athletes, 3 during and beyond their tenure at the college; 4 (d) a degree completion assistance program that provides former 5 student-athletes who disenrolled from the college in good academic 6 standing and who earned the NCAA Academic Progress Rate eligibility 7 point for Division I institutions, before completing their degree, 8 access to need-based financial aid and counseling assistance required to 9 support undergraduate degree completion; 10 (e) access to training regarding sex-based discrimination and harass- 11 ment that ensures student-athletes fully understand their rights and 12 responsibilities under the law, including how to make a report of 13 discrimination or harassment on their campus; 14 (f) access to leadership training that will set the conditions for 15 student-athletes to become successful leaders, improve communication 16 skills, make positive decisions, and manage conflict; and 17 (g) access to a career development program, positioned to assist 18 student-athletes in transferring the valuable skills developed during 19 intercollegiate athletic participation, to a successful post-college 20 career. ] Institutions providing name, image, and likeness compensation 21 to student-athletes shall offer student-athlete assistance programs, 22 including mental health services, financial literacy education, degree 23 completion support, and career development. Institutions shall annually 24 report to the commissioner, in aggregate form, the availability and 25 utilization of such programs. 26 9. (a) A student-athlete, college, and any individual or entity whose 27 purpose includes supporting or benefitting the college or its athletic 28 programs or student-athletes, that is subjected to any adverse action by 29 a collegiate sports governing body for conduct permitted under this 30 section may seek injunctive relief, damages, attorneys' fees, and any 31 other remedy available at law or in equity. 32 (b) The commissioner shall designate or establish a student-athlete 33 NIL and athlete ombudsperson to provide guidance on the interaction 34 between individual NIL rights and other rights, assist with complaints, 35 and facilitate non-judicial dispute resolution. 36 (c) Nothing in this section shall be construed to diminish, waive, or 37 automatically incorporate individual name, image, and likeness rights 38 into any agreement absent the student-athlete's informed and voluntary 39 consent. 40 § 2. This act shall take effect immediately and shall apply to agree- 41 ments entered into, renewed, modified, or extended on or after the 42 effective date.

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