HB 2143 — collegiate athletics; compensation; representation

HB2143 - 542R - H-EducationH -Ver Strike  Everything-Proposed    Fifty-fourthHouse Legislature                                               Engrossed Education        State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session                                                 Session H.B.      HOUSE BILL 2143       AN ACT   amending Title 15, chapter 14, Arizona Revised Statutes, by adding article 14;

 relating PROPOSEDto HOUSEpostsecondary OFinstitutions. REPRESENTATIVES AMENDMENTS TO H.B.

2143  (Reference  to(TEXT printedOF bill)BILL  BEGINS  ON NEXT PAGE)   StrikeBe everythingit afterenacted by the enactingLegislature clauseof andthe insert:State of Arizona:

"Section 1.  ArizonaSection 1.  Title board15, ofchapter regent'14, athleteArizona nameRevised imageStatutes, andis likenessamended workby group;adding article 14, to read:

membership;ARTICLE 14.  COLLEGIATE ATHLETICS START_STATUTE15-1899.  Collegiate athletics;

duties;student athletes;

report;compensation;

delayedrepresentation; repeal A.  The Arizona board of regents’ athlete name, image and likeness work group is established.

Thedefinitions workA.  Except groupas shallprovided includein atsubsection leastC, paragraph 1 of this section, a postsecondary education institution may not uphold any rule, requirement, standard or other limitation that prevents a student athlete of that institution from earning compensation as a result of the followinguse members:of the student athlete's name, image or likeness.  Earning compensation from the use of a student athlete's name, image or likeness does not affect the student athlete's scholarship eligibility.

1.  OneB.  An memberathletic ofassociation, theathletic houseconference ofor representatives.other group or organization with authority over intercollegiate athletics, including a national collegiate athletic association, may not prevent either:

2.  One1.  A memberstudent athlete of a postsecondary education institution from earning compensation as a result of the stateuse senate.of the student athlete's name, image or likeness.

3.  One2.  A memberpostsecondary education institution from participating in intercollegiate athletics as a result of thea Arizonastudent boardathlete being compensated for the use of regents.the student athlete's name, image or likeness.

4.  OneC.  A studentpostsecondary athleteeducation frominstitution, eachathletic ofassociation, theathletic publicconference universitiesor underother thegroup jurisdictionor oforganization thewith Arizonaauthority boardover ofintercollegiate regents.athletics may not:

5.  One1.  Provide NCAAa complianceprospective representativestudent fromathlete anwith institutioncompensation underin relation to the jurisdictionuse of the Arizonastudent boardathlete's ofname, regents.image or likeness.

6.  One2.  Prevent universitya facultystudent athleticathlete representative.in this state from obtaining professional representation in relation to contracts or legal matters, including representation by an athlete agent or legal representation by an attorney.

7.  One Professional athleticrepresentation directorobtained fromby anstudent institutionathletes undershall thebe jurisdictionprovided ofby thepersons Arizonawho boardare oflicensed regents.by this state, if applicable.

B.  TheD.  An legislatureathlete shallagent workrepresenting ina cooperationstudent withathlete theshall Arizonacomply boardwith both of regents to make all appointments to the workfollowing: group on or before September 30, 2020.

C.  The1.  The worksports groupagent shallresponsibility doand bothtrust ofact the(P.L. following:

1.  Review108–304; existing bylaws of the national collegiate athletic association regarding college athlete’s name, image and likeness for compensation, related federal law, and any proposed federal legislation.

2.  On118 orStat. before September 30, 2021, submit a report of its findings and policy recommendations in connection with its review pursuant to paragraph 1 of this subsection to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.

D.  This1125). section is repealed from and after June 30, 2025." Amend title to conform     REGINALD BOLDING, JR.

 2.  Chapter  13, 2143BOLDINGarticle SE10 02/13/2020of 03:50this PMtitle. H:

BF/raE.  A scholarship from the postsecondary education institution in which a student athlete is enrolled that provides the student athlete with the cost of attending that institution is not compensation for the purposes of this section, and a scholarship may not be revoked as a result of the student athlete earning compensation or obtaining representation in accordance with this section.

F.  A student athlete may not enter into a contract providing compensation to the student athlete for the use of the student athlete's name, image or likeness if a provision of the contract conflicts with a provision of the student athlete's team contract.  A student athlete who enters into a contract providing compensation to the student athlete for the use of the student athlete's name, image or likeness shall disclose the contract to an official of the postsecondary education institution at which the student athlete is enrolled who is designated by the postsecondary education institution.  A postsecondary education institution asserting a conflict described in this subsection shall disclose to the student athlete or the student athlete's representative the relevant contractual provisions that are in conflict.

G.  A team contract of a postsecondary education institution's athletic program may not prevent a student athlete from using the student athlete's name, image or likeness for a commercial purpose when the athlete is not engaged in official team activities.  This subsection applies only to contracts entered into, modified or renewed on or after September 1, 2021.

H.  A public or private university or college of another state may not offer a student of this state an athletics contract or conduct in‑person recruiting with a student athlete without first disclosing to the student athlete in writing all prohibitions of the university's or college's home state regarding the use of the student athlete's name, image or likeness.

I.  For the purposes of this section:

1.  "Postsecondary education institution" includes a university under the jurisdiction of the Arizona board of regents, a community college as defined in section 15‑1401 and a private college or university.

2.  "Student athlete" means a student of a postsecondary education institution who participates in intercollegiate athletics.

END_STATUTE Sec. 2.  Intent clause The legislature intends to monitor rules and regulations passed by any national organization with authority over collegiate sports to ensure state law does not conflict in a way that would prevent Arizona institutions or college students from competing in athletic competition.

Sec. 3.  Effective date This act is effective from and after December 31, 2022.