HB 1084 — Concerning unfair practices involving compensation of athletes in higher education.

H-4192.2SUBSTITUTEH-0605.1HOUSE HOUSE BILL 1084State of Washington66th Legislature2020Legislature2019 Regular SessionByHouseSessionByRepresentatives CollegeStokesbary &and WorkforceYoungPrefiled Development01/03/19.Read (originallyfirst sponsoredtime by01/14/19.Referred Representativesto StokesbaryCommittee andon Young)READCollege FIRST& TIMEWorkforce 02/07/20.ANDevelopment.AN ACT Relating to unfair practices involving compensation of athletes in higher education;

and creating a new section;section.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

and providing an effective date.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

The legislature further finds that students should not be compelled to choose between forfeiting these rights and participating in intercollegiate athletic competitions.competitions.NEW SECTION.  Sec.

It is the intent of the legislature to ensure appropriate protections are in place to avoid the exploitation of student athletes, colleges, and universities.NEW SECTION.  Sec.

A new section is added to chapter 19.86 RCW to read as follows:(1) For the purposes of this section:(a) "Institution of higher education" includes public and private nonprofit four-year institutions.(b) "Student" means any studententity enrolledthat atis an institution of higher education.(2)(a)education Anas institutiondefined ofin higherRCW education28B.10.016 shalland not uphold any rule, requirement, standard, or other limitationdegree-granting that prevents a student of that institution participating in intercollegiatethis athleticsstate from earning compensation as adefined resultin ofRCW the28B.85.010.(b) use"Student" ofmeans theany student's name, image, or likeness.(b) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including the national collegiate athletic association, shall not prevent a student ofenrolled at an institution of higher educationeducation.(2) participatingAny instudent intercollegiatemay:(a) athleticsReceive from earning compensation asfor aservices resultactually ofprovided, theincluding, usebut of the student's name, image, or likeness.(c) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including the national collegiate athletic association, shall not preventlimited anto, institutionpayment of higher education from participating in intercollegiate athletics as a result of the student receiving compensation for the use of the student's name, image, or likeness.(3)likeness, Anas institutionlong ofas higherthe education,compensation athleticis association,commensurate conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the prospectivemarket studentvalue athlete's name, image, or likeness.(4)(a) An institution of higherthe education,services athleticprovided; association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including representation provided by athlete agents or legal representation provided by attorneys.(b) Only licensed persons shall provide professional representation for student athletes.

Professionaland(b) representationAgree providedto be represented by athletean agentsagent shallfor any purpose.(3) No person may prohibit or suspend any student from competing in an intercollegiate athletic competition, or otherwise penalize a student, because the student has engaged in the conduct described in subsection (2) of this section.(4) No person may prohibit or suspend an institution of higher education's athletic team from competing in an intercollegiate athletic competition, or otherwise penalize an institution of higher education, because a student enrolled at the institution of higher education has engaged in the conduct described in subsection (2) of this section.(5) No person may request or require that an institution of higher education prohibit or otherwise limit the ability of its students to engage in the conduct described in subsection (2) of this section in order for the institution of higher education's students or athletic teams to be byeligible, personsor licensedremain pursuanteligible, to chaptercompete 19.225in RCW.intercollegiate athletic competitions.(6)(a) No person may discipline an institution of higher education because the institution of higher education:(i) Certified the eligibility of, or otherwise permitted, a student who engaged in the conduct described in subsection (2) of this section to participate in an intercollegiate athletic competition;

Legalor(ii) representationDid not certify the eligibility of a student athletesto shallparticipate bein byan attorneysintercollegiate licensedathletic pursuantcompetition tosolely chapterbecause 2.48he RCW.(c)or Athleteshe agentsengaged representingin studentthe athletesconduct shalldescribed complyin withsubsection (2) of this section.(b) For the federalpurposes sportsof agentthis responsibilitysubsection (6), "discipline" includes, but is not limited to, terminating or suspending the membership of an institution of higher education and trustprohibiting act,other 15members U.S.C.from participating in intercollegiate athletic competitions with an institution of higher education.(7) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying this chapter.

Sec.Violations of subsections (3) through (6) of this section are not reasonable in relation to the development and preservation of business.

7801Violations et seq., in their relationships with student athletes.(5) A grant or scholarship applied toward the cost of attendancesubsections from(3) thethrough institution(6) of higher education in which a student is enrolled is not compensation for purposes of this section,section andare aunfair scholarship shall not be revoked as a result of earning compensation or obtainingdeceptive legalacts representationin pursuanttrade to this section.(6)(a) A student athlete shall not enter into a contract providing compensation to the student athlete for use of the student athlete's name, image, or likenesscommerce ifand aunfair provisionmethods of thecompetition contract is in conflict with a provision of the student athlete's team contract.(b) A student athlete who enters into a contract providing compensation to the student athlete for use of the studentpurpose athlete's name, image, or likeness shall disclose the contract to an official of theapplying institution of higher education, to be designated by the institution.(c) An institution asserting a conflict described in (a) of this subsectionchapter.--- shallEND disclose--- to the student athlete or the student athlete's legal representation the relevant contractual provisions that are in conflict.(7) A team contract of an institution of higher education's athletic program shall not prevent a student athlete from using the student athlete's name, image, or likeness for a commercial purpose when the student athlete is not engaged in official team activities.

This prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.NEW SECTION.  Sec.

3.

This act takes effect January 1, 2023.--- END ---