HB 513 — ATHLETICS: Provides relative to the name, image, and likeness of intercollegiate and interscholastic athletes (EN NO IMPACT GF EX See Note)

HLSENROLLED 26RS-470 REENGROSSED Regular Session HOUSE BILL NO.

513 BY REPRESENTATIVEREPRESENTATIVES YOUNG ATHLETICS:AND CHASSION AN ACT To amend and reenact R.S.

Provides17:3701, relative3702(3) toand the(4), name, image, and likeness3703(D), of(I), intercollegiate(L), and interscholastic(N) athletesand ANto ACTenact ToamendandreenactR.S.17:3701,3702(3)and(4),and3703(D),(L),and(N)andtoenact R.S.

to provide for the responsibilitiesofhighschoolswithrespecttointerscholasticathletes'compensation;responsibilities of high schools with respect to interscholastic athletes' compensation;

to provide for reporting;

17:3701, 3702(3) and (4), and 3703(D), (I), (L), and (N) are hereby amendedandreenactedandR.S.17:3702(5)through(8)and3705areherebyenactedtoread as follows:

Legislative intent Thelegislaturefindsthatintercollegiateandinterscholasticathleticsprovide intercollegiate athletes with significant educational oppoHowever,s.opHowever,ies.

An intercollegiate athlete must have an equal opportunity to Pagecontrol 1and profit from the commercial use of 10the CODING:athlete's his name, image, or likeness, and be protected from unauthorized appropriation and commercial exploitation of the athlete's his right to publicity, including the athlete's his name, image, or likeness.

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HLS 26RS-470 REENGROSSED HB NO.

513 controlENROLLED and§3702. profit from the commercial use of the athlete's his name, image, or likeness, and be protected from unauthorized appropriation and commercial exploitation of the athlete's his right to publicity, including the athlete's his name, image, or likeness.

§3702.

Page§3703. 2 of 10 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-470 REENGROSSED HB NO.

513 §3703.

Apostsecondaryeducationinstitution shallshallnot not preventorundulyrestrict an intercollegiate athlete from obtaining professional representation by an athlete agent, marketing representative, or an attorneyattorneyengaged engaged for the purpose of securing compensation for the use of the athlete's name, image, or likeness, provided that professionalPage representation2 obtainedof by8 anCODING: intercollegiate athlete shall be from persons registered with or licensed for such activity by the state as follows:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

513 ENROLLED professional representation obtained by an intercollegiate athlete shall be from persons registered with or licensed for such activity by the state as follows:

* * * I.(1) An intercollegiate athlete who enters into a contract for compensation for the use of the athlete's name, image, or likeness with a value of six hundred dollarsor more shall disclosethecontractto thepostsecondaryeducationinstitution in which the athlete is enrolled, in the manner designated by the institution.

(2) The institution shall prescribe the reporting requirements that govern disclosures madepursuant to Paragraph (1) of this Subsection in alignment with the rules and guidance of the applicable athletic governing commission.

Nopostsecondaryinstitution'sofficers,directors,oremployees,including athletics coaching staff, educators, administrators, healthcare professionals, consultants,otherstaff,andagents,whetherpaid,volunteer,orcompensatedthrough third parties, shall be liable for any damages to an intercollegiate athlete's ability to earncompensationfortheuseoftheathlete'sname,image,orlikenessresultingfrom decisionsandactionsroutinelytakeninthecourseofintercollegiateathleticsorother Page 3 of 108 CODING:

HLS 26RS-470 REENGROSSED HB NO.

513 ENROLLED matters relating directly or indirectly to an athlete's eligibility to participate in intercollegiate athletics or profit from the use of the athlete's name, image, and likeness, including but not limited to the administration of an institutions's institution's policies, procedures, codes of conduct, academic standards, health and safety protocols, and related matters.

Page(a) 4Intercollegiateathletecompensation,includingpermissiblecompensation for the use of 10an CODING:intercollegiate athlete's name, image, or likeness and any required disclosure of compensation agreements, consistent with this Chapter.

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513 (a)ENROLLED Intercollegiateathletecompensation,includingpermissiblecompensation(b) forPostsecondary theeducation useinstitutional ofinvolvement, anincluding intercollegiatethe athlete'spermissible name,scope image,of orinstitutional likenesssupport, andfacilitation, anyoversight requiredand disclosurecompliance ofactivitiesrelatedto compensationname,image,andlikenessendeavors,consistentwithapplicable agreements,law consistentand withgoverning thisathletic Chapter.association rules.

(b)(c) PostsecondaryUse educationof institutional involvement,marks and facilities, including the permissibleconditions scopeunder ofwhich an intercollegiate athlete or third party may use institutional support,names, facilitation,trademarks, oversightlogos, anduniforms, compliancefacilities, activitiesrelatedtocopyrights, name,image,andlikenessendeavors,consistentwithcolors, applicableor lawother indicia in connection with name, image, and governinglikeness athleticactivities, associationand rules.anyrequiredapprovals or licensing protocols.

(c) Use of institutional marks and facilities, including the conditions under which an intercollegiate athlete or third party may use institutional names, trademarks, logos, uniforms, facilities, copyrights, colors, or other indicia in connection with name, image, and likeness activities, and anyrequired approvals or licensing protocols.

(g) DesignationofaDesignationofacompliancepoint compliancepoint ofcontact,includingidentificationof an office or individual responsible for administering institutional name, image, and likeness policies and responding to compliance-related inquiries.

(3) Any policy an entity enacts pursuant to this Subsection shall be consistent with the provisions of this Chapter and shall not unduly restrict an Pageintercollegiate 5athlete's ability to earn compensation for the use of 10his CODING:name, image, or likeness.

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HLS 26RS-470 REENGROSSED HB NO.

513 intercollegiateENROLLED athlete's§3705. ability to earn compensation for the use of his name, image, or likeness.

* * * §3705.

No high schoolschooloragent orthereof,athletic agentthereof,athleticassociation,athleticconference,association, athletic conference, or other organization with authority over interscholastic athletics shall:

(1) ProhibitProhibitorpreventaninterscholasticathletefromearningcompensation orpreventaninterscholasticathletefromearningcompensation for the use of his name, image, or likeness, except as otherwise permitted by this Section.

PageE.(1) 6Permissible ofname, 10image, CODING:and likeness activities include but are not limited to commercialendorsements, promotional activities, social media presence, and product or service advertisements.