SB 26: Collegiate athletics: student athlete compensation and representation.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-08-31
Existing law prohibits California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, from providing a prospective intercollegiate student athlete with compensation in relation to the athletes name, image, or likeness, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness or obtaining professional representation relating to the students participation in intercollegiate athletics. Existing law prohibits an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, or likeness. Existing law prohibits the revocation of a students scholarship as a result of earning compensation or obtaining legal representation as authorized under these provisions. Existing law prohibits a student athlete from entering into a contract providing compensation to the athlete for use of the athletes name, image, or likeness if a provision of the contract is in conflict with a provision of the athletes team contract. Existing law prohibits a team contract from preventing a student athlete from using the athletes name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities, as specified. Existing law makes these provisions operative on January 1, 2023.
This bill, the Fair Pay to Play Act, would make these provisions operative on September 1, 2021, and would make them applicable to the California Community Colleges. The bill would prohibit California postsecondary educational institutions and every athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective intercollegiate student athlete with compensation in relation to the athletes athletic reputation, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students athletic reputation. The bill would prohibit an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students athletic reputation. The bill would prohibit the revocation of a students scholarship as a result of earning compensation for the use of the students athletic reputation.
The bill would prohibit a student athlete from entering into a contract providing compensation to the athlete for use of the athletes athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract. The bill would prohibit a team contract from preventing a student athlete from using the athletes athletic reputation for a commercial purpose when the athlete is not engaged in official team activities, as specified.
By imposing new duties on community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, from providing a prospective intercollegiate student athlete with compensation in relation to the athletes name, image, or likeness, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness or obtaining professional representation relating to the students participation in intercollegiate athletics. Existing law prohibits an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, or likeness. Existing law prohibits the revocation of a students scholarship as a result of earning compensation or obtaining legal representation as authorized under these provisions. Existing law prohibits a student athlete from entering into a contract providing compensation to the athlete for use of the athletes name, image, or likeness if a provision of the contract is in conflict with a provision of the athletes team contract. Existing law prohibits a team contract from preventing a student athlete from using the athletes name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities, as specified. Existing law makes these provisions operative on January 1, 2023.
This bill, the Fair Pay to Play Act, would make these provisions operative on September 1, 2021, and would make them applicable to the California Community Colleges. The bill would prohibit California postsecondary educational institutions and every athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective intercollegiate student athlete with compensation in relation to the athletes athletic reputation, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students athletic reputation. The bill would prohibit an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students athletic reputation. The bill would prohibit the revocation of a students scholarship as a result of earning compensation for the use of the students athletic reputation.
The bill would prohibit a student athlete from entering into a contract providing compensation to the athlete for use of the athletes athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract. The bill would prohibit a team contract from preventing a student athlete from using the athletes athletic reputation for a commercial purpose when the athlete is not engaged in official team activities, as specified.
By imposing new duties on community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, from providing a prospective intercollegiate student athlete with compensation in relation to the athletes name, image, or likeness, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness or obtaining professional representation relating to the students participation in intercollegiate athletics. Existing law prohibits an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, or likeness. Existing law prohibits the revocation of a students scholarship as a result of earning compensation or obtaining legal representation as authorized under these provisions. Existing law prohibits a student athlete from entering into a contract providing compensation to the athlete for use of the athletes name, image, or likeness if a provision of the contract is in conflict with a provision of the athletes team contract. Existing law prohibits a team contract from preventing a student athlete from using the athletes name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities, as specified. Existing law makes these provisions operative on January 1, 2023.
This bill, the Fair Pay to Play Act, would make these provisions operative on January 1, 2022, or when specified rule changes adopted by the Board of Governors of the National Collegiate Athletic Association take effect, whichever occurs first, September 1, 2021, and would make them applicable to the California Community Colleges. The bill would prohibit California postsecondary educational institutions and every athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective intercollegiate student athlete with compensation in relation to the athletes athletic reputation, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students athletic reputation. The bill would prohibit an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students athletic reputation. The bill would prohibit the revocation of a students scholarship as a result of earning compensation for the use of the students athletic reputation.
The bill would prohibit a student athlete from entering into a contract providing compensation to the athlete for use of the athletes athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract. The bill would prohibit a team contract from preventing a student athlete from using the athletes athletic reputation for a commercial purpose when the athlete is not engaged in official team activities, as specified.
By imposing new duties on community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, from providing a prospective intercollegiate student athlete with compensation in relation to the athletes name, image, or likeness, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness or obtaining professional representation relating to the students participation in intercollegiate athletics. Existing law prohibits an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, or likeness. Existing law prohibits the revocation of a students scholarship as a result of earning compensation or obtaining legal representation as authorized under these provisions. Existing law prohibits a student athlete from entering into a contract providing compensation to the athlete for use of the athletes name, image, or likeness if a provision of the contract is in conflict with a provision of the athletes team contract. Existing law prohibits a team contract from preventing a student athlete from using the athletes name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities, as specified. Existing law makes these provisions operative on January 1, 2023.
This bill, the Fair Pay to Play Act, would make these provisions operative on January 1, 2022, or when specified rule changes adopted by the Board of Governors of the National Collegiate Athletic Association take effect, whichever occurs first. first, and would make them applicable to the California Community Colleges. The bill would prohibit California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, athletics from providing a prospective intercollegiate student athlete with compensation in relation to the athletes athletic reputation, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students athletic reputation. The bill would prohibit an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students athletic reputation. The bill would prohibit the revocation of a students scholarship as a result of earning compensation for the use of the students athletic reputation.
The bill would prohibit a student athlete from entering into a contract providing compensation to the athlete for use of the athletes athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract. The bill would prohibit a team contract from preventing a student athlete from using the athletes athletic reputation for a commercial purpose when the athlete is not engaged in official team activities, as specified.
The bill would prohibit a postsecondary educational institution from denying a student athlete any rights provided to other college students at the institution, except as provided.By imposing new duties on community college districts, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, from providing a prospective intercollegiate student athlete with compensation in relation to the athletes name, image, or likeness, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness or obtaining professional representation relating to the students participation in intercollegiate athletics. Existing law prohibits an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, or likeness. Existing law prohibits the revocation of a students scholarship as a result of earning compensation or obtaining legal representation as authorized under these provisions. Existing law prohibits a student athlete from entering into a contract providing compensation to the athlete for use of the athletes name, image, or likeness if a provision of the contract is in conflict with a provision of the athletes team contract. Existing law prohibits a team contract from preventing a student athlete from using the athletes name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities, as specified. Existing law makes these provisions operative on January 1, 2023.
This bill, the Fair Pay to Play Act, would make these provisions operative on January 1, 2022, or when specified rules rule changes adopted by the Board of Governors of the National Collegiate Athletic Association take effect, whichever occurs first. The bill would prohibit California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, from providing a prospective intercollegiate student athlete with compensation in relation to the athletes athletic reputation, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students athletic reputation. The bill would prohibit an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students athletic reputation. The bill would prohibit the revocation of a students scholarship as a result of earning compensation for the use of the students athletic reputation.
The bill would prohibit a student athlete from entering into a contract providing compensation to the athlete for use of the athletes athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract. The bill would prohibit a team contract from preventing a student athlete from using the athletes athletic reputation for a commercial purpose when the athlete is not engaged in official team activities, as specified. The bill would authorize a student athlete who prevails in an action brought against an institution for a violation of these provisions to recover reasonable attorneys fees and court costs, in addition to any damages or equitable relief, against the institution.
The bill would prohibit a postsecondary educational institution from denying a student athlete any rights provided to other college students at the institution, except as provided. The bill would make these provisions severable, as specified.
Existing law prohibits California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, from providing a prospective intercollegiate student athlete with compensation in relation to the athletes name, image, or likeness, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness or obtaining professional representation relating to the students participation in intercollegiate athletics. Existing law prohibits an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, or likeness. Existing law prohibits the revocation of a students scholarship as a result of earning compensation or obtaining legal representation as authorized under these provisions. Existing law prohibits a student athlete from entering into a contract providing compensation to the athlete for use of the athletes name, image, or likeness if a provision of the contract is in conflict with a provision of the athletes team contract. Existing law prohibits a team contract from preventing a student athlete from using the athletes name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities, as specified. Existing law makes these provisions operative on January 1, 2023.
This bill, the Fair Pay to Play Act, would make these provisions operative on January 1, 2022, or when specified rules changes adopted by the Board of Governors of the National Collegiate Athletic Association take effect, whichever occurs first. The bill would prohibit California postsecondary educational institutions except community colleges, and every athletic association, conference, or other group or organization with authority over intercollegiate athletics, from providing a prospective intercollegiate student athlete with compensation in relation to the athletes athletic reputation, or preventing a student participating in intercollegiate athletics from earning compensation as a result of the use of the students athletic reputation. The bill would prohibit an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a postsecondary educational institution other than a community college from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students athletic reputation. The bill would prohibit the revocation of a students scholarship as a result of earning compensation for the use of the students athletic reputation.
The bill would prohibit a student athlete from entering into a contract providing compensation to the athlete for use of the athletes athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract. The bill would prohibit a team contract from preventing a student athlete from using the athletes athletic reputation for a commercial purpose when the athlete is not engaged in official team activities, as specified. The bill would authorize a student athlete who prevails in an action brought against an institution for a violation of these provisions to recover reasonable attorneys fees and court costs, in addition to any damages or equitable relief, against the institution.
The bill would prohibit a postsecondary educational institution from denying a student athlete any rights provided to other college students at the institution, except as provided. The bill would make these provisions severable, as specified.
The Legislature finds and declares all of the following:
(a)On September 27, 2019, Governor Gavin Newsom signed into law Senate Bill 206 of the 201920 Regular Session, a bill by Senator Nancy Skinner and Senator Steven Bradford, at a signing ceremony hosted by LeBron James, a lead proponent and advocate for the legislation.
(b)Senate Bill 206 made California the first state in the nation to enact a law to restore to college athletes a right everyone else has: the right to earn compensation from their name, image, and likeness (NIL), or athletic reputation.
(c)After Senate Bill 206 was signed into law, at least 30 other states initiated plans to introduce similar laws, and 17 states have enacted them. The NIL laws of the States of Alabama, Florida, Georgia, Mississippi, and New Mexico take effect first, on July 1, 2021.
SEC. 2.This act shall be known, and may be cited, as the Fair Pay to Play Act.
SEC. 3.Section 67456 of the Education Code is amended to read:67456.(a)(1)A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, likeness, or athletic reputation. Earning compensation from the use of a students name, image, likeness, or athletic reputation shall not affect the students scholarship eligibility.
(2)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, likeness, or athletic reputation.
(3)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, likeness, or athletic reputation.
(b)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athletes name, image, likeness, or athletic reputation.
(c)(1)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a California student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.
(2)Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athlete agents shall be by persons licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Legal representation of student athletes shall be by attorneys licensed pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code.
(3)Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in Chapter 104 (commencing with Section 7801) of Title 15 of the United States Code, in their relationships with student athletes.
(d)A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.
(e)(1)A student athlete shall not enter into a contract providing compensation to the athlete for use of the athletes name, image, likeness, or athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract.
(2)A student athlete who enters into a contract providing compensation to the athlete for use of the athletes name, image, likeness, or athletic reputation shall disclose the contract to an official of the institution, to be designated by the institution.
(3)An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athletes legal representation the relevant contractual provisions that are in conflict.
(f)A team contract of a postsecondary educational institutions athletic program shall not prevent a student athlete from using the athletes name, image, likeness, or athletic reputation for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.
(g)For purposes of this section, postsecondary educational institution means any campus of the University of California, the California State University, the California Community Colleges, an independent institution of higher education, as defined in Section 66010, or a private postsecondary educational institution, as defined in Section 94858.
(h)This section shall become operative on September 1, 2021.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that California postsecondary educational institutions and college athletes are not placed at a disadvantage to those in other states where name, image, and likeness laws will go into effect this year, and in order to ensure that California college athletes, including low-income student athletes and those with children and dependents, can adequately provide for themselves and their families, it is necessary that this act take effect immediately.
The Legislature finds and declares all of the following:
(a)On September 27, 2019, Governor Gavin Newsom signed into law Senate Bill 206 of the 201920 Regular Session, a bill by Senator Nancy Skinner and Senator Steven Bradford, at a signing ceremony hosted by LeBron James, a lead proponent and advocate for the legislation.
(b)Senate Bill 206 made California the first state in the nation to enact a law to restore to college athletes a right everyone else has: the right to earn compensation from their name, image, and likeness (NIL), or athletic reputation.
(c)After Senate Bill 206 was signed into law, at least 30 other states initiated plans to introduce similar laws, and 17 states have enacted them. The NIL laws of the States of Alabama, Florida, Georgia, Mississippi, and New Mexico take effect first, on July 1, 2021.
SEC. 2.This act shall be known, and may be cited, as the Fair Pay to Play Act.
SEC. 3.Section 67456 of the Education Code is amended to read:67456.(a)(1)A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, likeness, or athletic reputation. Earning compensation from the use of a students name, image, likeness, or athletic reputation shall not affect the students scholarship eligibility.
(2)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, likeness, or athletic reputation.
(3)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, likeness, or athletic reputation.
(b)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athletes name, image, likeness, or athletic reputation.
(c)(1)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a California student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.
(2)Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athlete agents shall be by persons licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Legal representation of student athletes shall be by attorneys licensed pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code.
(3)Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in Chapter 104 (commencing with Section 7801) of Title 15 of the United States Code, in their relationships with student athletes.
(d)A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.
(e)(1)A student athlete shall not enter into a contract providing compensation to the athlete for use of the athletes name, image, likeness, or athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract.
(2)A student athlete who enters into a contract providing compensation to the athlete for use of the athletes name, image, likeness, or athletic reputation shall disclose the contract to an official of the institution, to be designated by the institution.
(3)An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athletes legal representation the relevant contractual provisions that are in conflict.
(f)A team contract of a postsecondary educational institutions athletic program shall not prevent a student athlete from using the athletes name, image, likeness, or athletic reputation for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.
(g)For purposes of this section, postsecondary educational institution means any campus of the University of California, the California State University, the California Community Colleges, an independent institution of higher education, as defined in Section 66010, or a private postsecondary educational institution, as defined in Section 94858.
(h)This section shall become operative on September 1, 2021.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that California postsecondary educational institutions and college athletes are not placed at a disadvantage to those in other states where name, image, and likeness laws will go into effect this year, and in order to ensure that California college athletes, including low-income student athletes and those with children and dependents, can adequately provide for themselves and their families, it is necessary that this act take effect immediately.
The Legislature finds and declares all of the following:
(a)On September 27, 2019, Governor Gavin Newsom signed into law Senate Bill 206 of the 201920 Regular Session, a bill by Senator Nancy Skinner and Senator Steven Bradford, at a signing ceremony hosted by LeBron James, a lead proponent and advocate for the legislation.
(b)Senate Bill 206 made California the first state in the nation to enact a law to restore to college athletes a right everyone else has: the right to earn compensation from their name, image, and likeness (NIL), or athletic reputation.
(c)After Senate Bill 206 was signed into law, at least 30 other states initiated plans to introduce similar laws, and 17 states have enacted them. The NIL laws of the States of Alabama, Florida, Georgia, Mississippi, and New Mexico take effect first, on July 1, 2021.
SEC. 2.This act shall be known, and may be cited, as the Fair Pay to Play Act.
SEC. 3.Section 67456 of the Education Code is amended to read:67456.(a)(1)A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, likeness, or athletic reputation. Earning compensation from the use of a students name, image, likeness, or athletic reputation shall not affect the students scholarship eligibility.
(2)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, likeness, or athletic reputation.
(3)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, likeness, or athletic reputation.
(b)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athletes name, image, likeness, or athletic reputation.
(c)(1)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a California student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.
(2)Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athlete agents shall be by persons licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Legal representation of student athletes shall be by attorneys licensed pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code.
(3)Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in Chapter 104 (commencing with Section 7801) of Title 15 of the United States Code, in their relationships with student athletes.
(d)A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.
(e)(1)A student athlete shall not enter into a contract providing compensation to the athlete for use of the athletes name, image, likeness, or athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract.
(2)A student athlete who enters into a contract providing compensation to the athlete for use of the athletes name, image, likeness, or athletic reputation shall disclose the contract to an official of the institution, to be designated by the institution.
(3)An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athletes legal representation the relevant contractual provisions that are in conflict.
(f)A team contract of a postsecondary educational institutions athletic program shall not prevent a student athlete from using the athletes name, image, likeness, or athletic reputation for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.
(g)For purposes of this section, postsecondary educational institution means any campus of the University of California, the California State University, the California Community Colleges, an independent institution of higher education, as defined in Section 66010, or a private postsecondary educational institution, as defined in Section 94858.
(h)This section shall become operative on January 1, 2022, or when rule changes adopted by the Board of Governors of the National Collegiate Athletic Association to allow student athletes to receive compensation for third-party endorsements take effect, whichever occurs first. September 1, 2021.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that California postsecondary educational institutions and college athletes are not placed at a disadvantage to those in other states where name, image, and likeness laws will go into effect this year, and in order to ensure that California college athletes, including low-income student athletes and those with children and dependents, can adequately provide for themselves and their families, it is necessary that this act take effect immediately.
The Legislature finds and declares all of the following:
(a)On September 27, 2019, Governor Gavin Newsom signed into law Senate Bill 206 of the 201920 Regular Session, a bill by Senator Nancy Skinner and Senator Steven Bradford, at a signing ceremony hosted by LeBron James, a lead proponent and advocate for the legislation.
(b)Senate Bill 206 made California the first state in the nation to enact a law to restore to college athletes a right everyone else has: the right to earn compensation from their name, image, and likeness (NIL), or athletic reputation.
(c)After Senate Bill 206 was signed into law, at least 30 other states initiated plans to introduce similar laws, and 10 17 states have enacted them. The NIL laws of the States of Alabama, Florida, Georgia, Mississippi, and New Mexico take effect first, on July 1, 2021.
SEC. 2.This act shall be known, and may be cited, as the Fair Pay to Play Act.
SEC. 3.Section 67456 of the Education Code is amended to read:67456.(a)(1)A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, likeness, or athletic reputation. Earning compensation from the use of a students name, image, likeness, or athletic reputation shall not affect the students scholarship eligibility.
(2)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, likeness, or athletic reputation.
(3)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, likeness, or athletic reputation.
(b)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athletes name, image, likeness, or athletic reputation.
(c)(1)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a California student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.
(2)Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athlete agents shall be by persons licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Legal representation of student athletes shall be by attorneys licensed pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code.
(3)Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in Chapter 104 (commencing with Section 7801) of Title 15 of the United States Code, in their relationships with student athletes.
(d)A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.
(e)(1)A student athlete shall not enter into a contract providing compensation to the athlete for use of the athletes name, image, likeness, or athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract.
(2)A student athlete who enters into a contract providing compensation to the athlete for use of the athletes name, image, likeness, or athletic reputation shall disclose the contract to an official of the institution, to be designated by the institution.
(3)An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athletes legal representation the relevant contractual provisions that are in conflict.
(f)A team contract of a postsecondary educational institutions athletic program shall not prevent a student athlete from using the athletes name, image, likeness, or athletic reputation for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.
(g)A postsecondary educational institution shall not deny a student athlete any rights provided to other college students at the institution, except in relation to recruitment.(h)(g)For purposes of this section, postsecondary educational institution means any campus of the University of California or California, the California State University, the California Community Colleges, an independent institution of higher education, as defined in Section 66010, or a private postsecondary educational institution, as defined in Section 94858.
(i)(h)This section shall become operative on January 1, 2022, or when rule changes adopted by the Board of Governors of the National Collegiate Athletic Association to allow student athletes to receive compensation for third-party endorsements take effect, whichever occurs first.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)On September 27, 2019, Governor Gavin Newsom signed into law Senate Bill 206, 206 of the 201920 Regular Session, a bill by Senator Nancy Skinner and Senator Steven Bradford, at a signing ceremony hosted by LeBron James, a lead proponent and advocate for the legislation.
(b)Senate Bill 206 made California the first state in the nation to enact a law to restore to college athletes a right everyone else has: the right to earn compensation from their name, image, and likeness (NIL), or athletic reputation.
(c)After Senate Bill 206 was signed into law, at least 30 other states initiated plans to introduce similar laws, and four 10 states have enacted them. The State of Floridas NIL law is scheduled NIL laws of the States of Alabama, Florida, Mississippi, and New Mexico take effect first, on July 1, 2021.
SEC. 2.This act shall be known, and may be cited as, cited, as the Fair Pay to Play Act.
SEC. 3.Section 67456 of the Education Code is amended to read:67456.(a)(1)A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness, or athletic reputation. Earning compensation from the use of a students name, image, or likeness, or athletic reputation shall not affect the students scholarship eligibility.
(2)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness, or athletic reputation.
(3)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, or likeness, or athletic reputation.
(b)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athletes name, image, or likeness, or athletic reputation.
(c)(1)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a California student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.
(2)Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athlete agents shall be by persons licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Legal representation of student athletes shall be by attorneys licensed pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code.
(3)Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in Chapter 104 (commencing with Section 7801) of Title 15 of the United States Code, in their relationships with student athletes.
(d)A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.
(e)(1)A student athlete shall not enter into a contract providing compensation to the athlete for use of the athletes name, image, or likeness, or athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract.
(2)A student athlete who enters into a contract providing compensation to the athlete for use of the athletes name, image, or likeness, or athletic reputation shall disclose the contract to an official of the institution, to be designated by the institution.
(3)An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athletes legal representation the relevant contractual provisions that are in conflict.
(f)A team contract of a postsecondary educational institutions athletic program shall not prevent a student athlete from using the athletes name, image, or likeness, or athletic reputation for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.
(g)A student athlete who prevails in an action brought against an institution for a violation of this section may recover reasonable attorneys fees and court costs, in addition to any damages or equitable relief, against the institution.(h)(g)A postsecondary educational institution shall not deny a student athlete any rights provided to other college students at the institution, except in relation to recruitment.
(i)(h)For purposes of this section, postsecondary educational institution means any campus of the University of California or the California State University, an independent institution of higher education, as defined in Section 66010, or a private postsecondary educational institution, as defined in Section 94858.
(j)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(k)(i)This section shall become operative on January 1, 2022, or when rule changes adopted by the Board of Governors of the National Collegiate Athletic Association to allow student athletes to receive compensation for third-party endorsements take effect, whichever occurs first.
The Legislature finds and declares all of the following:
(a)On September 27, 2019, Governor Gavin Newsom signed into law Senate Bill 206, a bill by Senator Nancy Skinner and Senator Steven Bradford, at a signing ceremony hosted by LeBron James, a lead proponent and advocate for the legislation.
(b)Senate Bill 206 made California the first state in the nation to enact a law to restore to college athletes a right everyone else has: the right to earn compensation from their name, image, and likeness (NIL), or athletic reputation.
(c)After Senate Bill 206 was signed into law, at least 30 other states initiated plans to introduce similar laws, and four states have enacted them. The State of Floridas NIL law is scheduled take effect first, on July 1, 2021.
SEC. 2.This act shall be known, and may be cited as, the Fair Pay to Play Act.
SEC. 3.Section 67456 of the Education Code is amended to read:67456.(a)(1)A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness. likeness, or athletic reputation. Earning compensation from the use of a students name, image, or likeness likeness, or athletic reputation shall not affect the students scholarship eligibility.
(2)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the students name, image, or likeness. likeness, or athletic reputation.
(3)An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the students name, image, or likeness. likeness, or athletic reputation.
(b)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athletes name, image, or likeness. likeness, or athletic reputation.
(c)(1)A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a California student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.
(2)Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athlete agents shall be by persons licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Legal representation of student athletes shall be by attorneys licensed pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code.
(3)Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in Chapter 104 (commencing with Section 7801) of Title 15 of the United States Code, in their relationships with student athletes.
(d)A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.
(e)(1)A student athlete shall not enter into a contract providing compensation to the athlete for use of the athletes name, image, or likeness likeness, or athletic reputation if a provision of the contract is in conflict with a provision of the athletes team contract.
(2)A student athlete who enters into a contract providing compensation to the athlete for use of the athletes name, image, or likeness likeness, or athletic reputation shall disclose the contract to an official of the institution, to be designated by the institution.
(3)An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athletes legal representation the relevant contractual provisions that are in conflict.
(f)A team contract of a postsecondary educational institutions athletic program shall not prevent a student athlete from using the athletes name, image, or likeness likeness, or athletic reputation for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.
(g)A student athlete who prevails in an action brought against an institution for a violation of this section may recover reasonable attorneys fees and court costs, in addition to any damages or equitable relief, against the institution.
(h)A postsecondary educational institution shall not deny a student athlete any rights provided to other college students at the institution, except in relation to recruitment.
(g)(i)For purposes of this section, postsecondary educational institution means any campus of the University of California or the California State University, an independent institution of higher education, as defined in Section 66010, or a private postsecondary educational institution, as defined in Section 94858.
(j)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(h)(k)This section shall become operative on January 1, 2023. 2022, or when rule changes adopted by the Board of Governors of the National Collegiate Athletic Association to allow student athletes to receive compensation for third-party endorsements take effect, whichever occurs first.
|
Date
|
Status
|
|---|---|
| Aug 31, 2021 | Chaptered by Secretary of State. Chapter 159, Statutes of 2021. |
| Aug 31, 2021 | Approved by the Governor. |
| Aug 30, 2021 | Enrolled and presented to the Governor at 1 p.m. |
| Aug 26, 2021 | Urgency clause adopted. |
| Aug 19, 2021 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 19, 2021 | Read third time. Urgency clause adopted. Passed. (Ayes 73. Noes 0. Page 2439.) Ordered to the Senate. |
| Jul 15, 2021 | Read second time. Ordered to consent calendar. |
| Jul 14, 2021 | From committee: Do pass. Ordered to consent calendar. (Ayes 13. Noes 0.) (July 14). |
| Jun 29, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 29). Re-referred to Com. on APPR. |
| Jun 23, 2021 | Read second time and amended. Re-referred to Com. on HIGHER ED. |
| Jun 22, 2021 | From committee: Do pass as amended and re-refer to Com. on HIGHER ED. (Ayes 7. Noes 0.) (June 21). |
| Jun 15, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on A.,E.,S.,T., & I.M. |
| Jun 10, 2021 | Referred to Coms. on A.,E.,S.,T., & I.M. and HIGHER ED. |
| Jun 2, 2021 | In Assembly. Read first time. Held at Desk. |
| Jun 1, 2021 | Read third time. Passed. (Ayes 39. Noes 0. Page 1348.) Ordered to the Assembly. |
| May 28, 2021 | Ordered to special consent calendar. |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1179.) (May 20). |
| May 14, 2021 | Set for hearing May 20. |
| Apr 5, 2021 | April 5 hearing: Placed on APPR suspense file. |
| Mar 25, 2021 | Set for hearing April 5. |
| Mar 24, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 590.) (March 23). Re-referred to Com. on APPR. |
| Mar 16, 2021 | Set for hearing March 23. |
| Mar 10, 2021 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0. Page 666.) (March 10). Re-referred to Com. on JUD. |
| Feb 23, 2021 | Set for hearing March 10. |
| Jan 28, 2021 | Referred to Coms. on ED. and JUD. |
| Dec 8, 2020 | From printer. May be acted upon on or after January 7. |
| Dec 7, 2020 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 26, 2021 | Unfinished Business SB26 Skinner et al. Urgency Clause Concurrence | Senate Floor |
Passed |
|
| Aug 19, 2021 | SB 26 Skinner Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jun 1, 2021 | Special Consent SB26 | Senate Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Co-Author(s):
