Amendment vs bill Senate Committee Amendment, #4283, EDUC, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SCAHB513 428 4283 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed bySenate Committee on Education to Reengrossed House Bill No.
513 BY REPRESENTATIVES YOUNG AND CHASSION AN ACT To amend and reenact R.S.
by Representative Young AMENDMENT NO.
17:3701, 3702(3) and (4), and 3703(D), (I), (L), and (N) and to enact R.S.
1 On page 1, line 2, delete "3703(D),(L), and (N)" and insert "3703(D), (I), (L), and (N)" AMENDMENT NO.
17:3702(5) through (8) and 3705, relative to intercollegiate and interscholastic athletics;
2 On page 1, line 7, after "definitions;" insert "to provide for reporting;" AMENDMENT NO.
to provide for the responsibilities of postsecondary education institutions with respect to intercollegiate athletes' compensation;
3 On page 1, line 10, delete "3703(D),(L), and (N)" and insert "3703(D),(I), (L), and (N)" AMENDMENT NO.
to provide for the responsibilities of high schools with respect to interscholastic athletes' compensation;
4 On page 3, between lines 23 and 24, insert the following:
to provide for representation for athletes;
"I.(1) An intercollegiate athlete who enters into a contractforcompensation for the use of the athlete's name, image, or likeness with a value of six hundred dollars ormoreshall disclosethecontracttothepostsecondaryeducation institution in which the athlete is enrolled, in the manner designated by the institution.
to provide for definitions;
(2) The institution shall prescribe the reporting requirements that govern disclosures made pursuant to Paragraph (1) of this Subsection in alignment with the rules and guidance of the applicable athletic governing commission.
to provide for reporting;
* * *" AMENDMENT NO.
and to provide for related matters.
5 On page 7, delete line 10, and insert the following:
Be it enacted by the Legislature of Louisiana:
"(d) Gaming, gambling, or wagering, including but not limited to sports wagering." Page 1 of 1
Section 1.
R.S.
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:
CHAPTER 30.
COMPENSATION FOR INTERCOLLEGIATE AND INTERSCHOLASTIC ATHLETICS ATHLETES:
NAME, IMAGE, AND LIKENESS §3701.
Legislative intent Thelegislaturefindsthatintercollegiateandinterscholasticathleticsprovide intercollegiate athletes with significant educational opHowever,ies.
participation in intercollegiate such athletics should not infringe upon an intercollegiate athlete's ability to earn compensation for the athlete's his name, image, or likeness.
An intercollegiate athlete must have an equal opportunity to control and 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.
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513 ENROLLED §3702.
Definitions As used in this Chapter, the following terms have the following meanings unless the context clearly indicates otherwise:
* * * (3) "High school" means a public or nonpublic secondary school that provides education for students in grades nine through twelve.
(4) "Intercollegiate athlete" means a student enrolled in a postsecondary education institution who participates in an athletic program.
(5) "Interscholastic athlete" means a student enrolled in a high school who participates in interscholastic athletics as provided in Paragraph (7) of this Section.
(6) "Interscholastic athletic program" means an organized program of interscholastic athletics offered by a high school, including all practices, competitions, and related activities, that is sponsored or sanctioned by the high school and governed by the entity that oversees interscholastic athletics for high schools in Louisiana.
(7) "Interscholasticathletics"meansorganizedathleticcompetitionbetween students enrolled in high schools, sponsored or sanctioned by the schools, and governed by the entity that oversees interscholastic athletics for high schools in Louisiana.
(4) (8) "Postsecondary education institution" means a Louisiana public postsecondaryeducationinstitutionornonpublicpostsecondaryeducationinstitution that receives or disburses any form of state student financial assistance, including scholarships and grants.
§3703.
Intercollegiate athlete's compensation and rights;
responsibilities of postsecondary education institutions * * * D.
Apostsecondaryeducationinstitution shallnot preventorundulyrestrict an intercollegiate athlete from obtaining professional representation by an athlete agent, marketing representative, or an attorneyengaged for the purpose of securing compensation for the use of the athlete's name, image, or likeness, provided that Page 2 of 8 CODING:
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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:
in accordance with R.S.
4:422.
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(1)(a) Representation provided by an athlete agent shall be by persons registered with the state in accordance with, and in compliance with, the provisions of Chapter 7 of Title 4 of the Louisiana Revised Statutes of 1950.
However, the notification provisions of R.S.
4:424(D)(3) shall not apply to an athlete agent who contacts an intercollegiate athlete for the sole purpose of representing the athlete in matters pertaining to the use of the athlete's name, image, or likeness.
(b) An athlete agent or marketing representative representing an intercollegiateathleteshallcomplywiththefederalSportsAgentResponsibilityand Trust Act, 15 U.S.C.
7801 through 7807, in his relationship with the intercollegiate athlete.
(2) An attorneyrepresentingan intercollegiate athlete shall be dulylicensed to practice law.
* * * 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.
* * * L.
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 8 CODING:
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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.
No postsecondary institution, nonprofit organization,includingitssubsidiariesandaffiliates,whethernonprofitorotherwise, formally recognized by a postsecondary institution, and no officer, director, employee, other staff member, or agent of the institution or organization shall be liable in any manner, whether directly or indirectly, under any theory of law or in equity, to a current, former, or prospective intercollegiate athlete based upon the performance, nonperformance, breach, or termination of an agreement between the current,former,or prospective intercollegiate athlete and a third partyinvolving the payment of compensation for name, image, or likeness.
However, nothing in this Subsection shall protect the postsecondaryinstitution or its employees from acts of gross negligence or wanton, willful, malicious, or intentional misconduct.
* * * N.(1) Eachpostsecondaryeducationmanagementboardshalladoptpolicies to implement the provisions of this Chapter.
Such policies shall require each postsecondary education institution under its jurisdiction to adopt and maintain institutionalpoliciesgoverningname,image,andlikenessactivitiesofintercollegiate athletes.
(2) No postsecondary education institution shall implement the provisions of this Chapter until such time as the appropriate management board adopts the required policies.
Each management board has discretion as to when it adopts policies to implement the provisions of this Chapter.
The policies adopted by each management board and postsecondary education institution shall, at a minimum, address the following:
(a) Intercollegiateathletecompensation,includingpermissiblecompensation for the use of an intercollegiate athlete's name, image, or likeness and any required disclosure of compensation agreements, consistent with this Chapter.
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513 ENROLLED (b) Postsecondary education institutional involvement, including the permissible scope of institutional support, facilitation, oversight and compliance activitiesrelatedto name,image,andlikenessendeavors,consistentwithapplicable law and governing athletic association rules.
(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 anyrequiredapprovals or licensing protocols.
(d) Professional representation, including requirements that athlete agents, marketing representatives, and attorneys representing intercollegiate athletes in matters related to name, image, and likeness be properly registered or licensed in accordance with applicable state and federal law.
(e) Educational workshops and resources available to students, including financial literacy training, life skills education, and resources related to financial responsibility,businessformation,andmarketingto supportintercollegiateathletes' participation in name, image, and likeness activities.
(f) Policy administration and enforcement, which may include procedures for monitoring compliance, reviewing disclosures, identifying conflicts, and addressing violations of institutional name, image, and likeness policies.
(g) Designationofacompliancepoint 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 intercollegiate athlete's ability to earn compensation for the use of his name, image, or likeness.
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513 ENROLLED §3705.
Interscholastic athlete's compensation and rights;
responsibilities of high schools A.
Aninterscholasticathletemayearncompensationfortheuseofhisname, image, and likeness, subject to compliance with the provisions of this Section.
B.
Anyagreementforcompensationfortheuseofaninterscholasticathlete's name, image, or likeness entered into by an interscholastic athlete under eighteen years of age shall be valid only if executed with the written consent of his parent or legal guardian.
C.
No high schooloragent thereof,athletic association, athletic conference, or other organization with authority over interscholastic athletics shall:
(1) Prohibitorpreventaninterscholasticathletefromearningcompensation for the use of his name, image, or likeness, except as otherwise permitted by this Section.
(2) Prohibitorpreventaninterscholasticathletefromobtainingprofessional representation by an athlete agent or legal representation by an attorney in connection with name, image, or likeness matters.
(3) Declare an interscholastic athlete ineligible for interscholastic athletic competition solely because he earns compensation for the use of his name, image, or likeness or obtains professional or legal representation related thereto.
D.
No athletic association, athletic conference, or other organization with authority over interscholastic athletics shall prohibit or prevent a high school from becoming a member of, or participating in, interscholastic athletics sponsored by such organization as a consequence of an interscholastic athlete earning compensationfortheuseofhis name,image,orlikenessorobtainingrepresentation by an athlete agent or attorney.
E.(1) Permissible name, image, and likeness activities include but are not limited to commercialendorsements, promotional activities, social media presence, and product or service advertisements.
(2) No interscholastic athlete shall earn compensation for the use of his name, image, or likeness in connection with any of the following:
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513 ENROLLED (a) Adult entertainment.
(b) Alcohol or alcoholic beverages.
(c) Cannabis, cannabinoids, cannabidiol, or other derivatives, excluding hemp or hemp products.
(d) Gaming, gambling, or wagering, including but not limited to sports wagering.
(e) Controlled dangerous substances, as defined in R.S.
40:961 et seq.
(f) Drug paraphernalia, as defined in R.S.
40:1021.
(g) Performance-enhancingdrugsorsubstances,includingsteroidsorhuman growth hormone.
(h) Tobacco,tobaccoproducts,alternativenicotineproducts,nicotinevapor products, or similar devices.
(i) Weapons, including firearms and ammunition.
F.(1) A high school may prohibit an interscholastic athlete from earning compensation for the use of his name, image, or likeness while he is engaged in academic activities, official team activities, or interscholastic athletic program activities, including but not limited to class, tutoring, competition, practice, travel, academic services, community service, promotional activities, and other activities related to the interscholastic athletic program.
(2) A high school mayprohibit an interscholastic athlete from earning such compensation if the proposed use materially conflicts with an existing high school agreement related to interscholastic athletics.
(3) No interscholastic athlete shall use a high school's facilities, apparel, equipment, uniforms, or intellectual property, including logos, indicia, registered or unregistered trademarks, or copyrighted materials, for any opportunity to earn compensationfortheuseofhis name,image,orlikenessunlessotherwisepermitted by the high school.
G.
Prior to executing an agreement for the use of his name, image, or likeness, an interscholastic athlete shall disclosetheproposedagreementto the high school at which the interscholastic athlete is enrolled in a manner prescribed by the Page 7 of 8 CODING:
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513 ENROLLED high school.
If the proposed agreement conflicts with an existing high school agreement, the high school shall disclose the relevant terms of the conflicting agreement to the interscholastic athlete.
H.
Except as otherwise permitted bythis Section, no high school shall enter into, renew, or modify any agreement that prohibits an interscholastic athlete from earningcompensationfortheuseofhisname,image,orlikenesswhileheisengaged in nonacademic, unofficial team, or non-interscholastic athletic program activities.
I.
Nothing in this Section shall be construed to alter the employment status of an interscholastic athlete or to classify an interscholastic athlete as an employee of a high school solely because he engages in name, image, or likeness activities.
J.
Any interscholastic athlete aggrieved by a violation of this Section may bring an action for injunctive relief.
K.
The authority that governs interscholastic athletics in this state shall provideeducationalmaterialstointerscholasticathletes,parents,legalguardians,and highschoolsregardingtherightsandresponsibilitiesofinterscholasticathletesunder this Section, including guidance on contracts, prohibited activities, and available professional or legal representation.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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