See other bills
under the
same topic
PRINTER'S NO. 1377
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
949
Session of
2019
INTRODUCED BY A. WILLIAMS, BROWNE, FARNESE AND HUGHES,
NOVEMBER 15, 2019
REFERRED TO EDUCATION, NOVEMBER 15, 2019
AN ACT
Amending Title 24 (Education) of the Pennsylvania Consolidated
Statutes, in higher education, providing for intercollegiate
athletics.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 24 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 67
INTERCOLLEGIATE ATHLETICS
Sec.
6701. Scope of chapter.
6702. Legislative intent.
6703. Definitions.
6704. Compensation regarding college athlete's name, image or
likeness rights or athletic reputation.
6705. Professional representation.
6706. Scholarships.
6707. Contracts.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
6708. Violations and claims.
6709. Settlements.
6710. Conflicts.
6711. Severability.
§ 6701. Scope of chapter.
This chapter relates to college athlete compensation and
professional representation.
§ 6702. Legislative intent.
The General Assembly finds and declares as follows:
(1) The Commonwealth seeks to help ensure that college
athletes have equal rights and economic freedoms afforded to
all students and residents in this Commonwealth.
(2) The Commonwealth recognizes the disproportionate
negative impact that economic and legal restrictions have on
African-American and female college athletes.
(3) College sports is a 14-billion-dollar industry with
millionaire coaches and lucrative apparel deals that require
college athletes to advertise for commercial interests.
(4) Rules prohibiting college athlete compensation for
the use of name, image and likeness rights do not bring forth
competitive equity and cannot justify denying college
athletes equal rights and economic freedom.
§ 6703. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Athlete agent." As defined in 5 Pa.C.S. § 3102 (relating to
definitions).
"College athlete." A student of an institution of higher
education who participates in intercollegiate athletics.
20190SB0949PN1377 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Institution of higher education." As follows:
(1) Any of the following:
(i) A university within the State System of Higher
Education.
(ii) The Pennsylvania State University, the
University of Pittsburgh, Temple University, Lincoln
University or any other institution designated as State-
related by the Commonwealth.
(iii) The Thaddeus Stevens College of Technology.
(iv) A college established under Article XIX-G of
the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(v) An institution of higher education located in
and incorporated or chartered by the Commonwealth and
entitled to confer degrees as set forth in section 6505
(relating to power to confer degrees) and as provided for
by the standards and qualifications prescribed by the
State Board of Education under Chapter 65 (relating to
private colleges, universities and seminaries).
(vi) A private school licensed under the act of
December 15, 1986 (P.L.1585, No.174), known as the
Private Licensed Schools Act.
(vii) A foreign corporation approved to operate an
educational enterprise under 22 Pa. Code Ch. 36 (relating
to foreign corporation standards).
(2) The term shall not include a community college
operating under Article XIX-A of the Public School Code of
1949.
"NCAA." The National Collegiate Athletic Association.
§ 6704. Compensation regarding college athlete's name, image or
20190SB0949PN1377 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
likeness rights or athletic reputation.
(a) Prohibition regarding institutions of higher
education.--An institution of higher education may not uphold a
rule, requirement, standard or other limitation that prevents a
college athlete of the institution of higher education from
fully participating in intercollegiate athletics and earning
compensation as a result of the use of the college athlete's
name, image, likeness rights or athletic reputation.
(b) Prohibitions regarding intercollegiate athletic
entities.--An athletic association, conference or other group or
organization with authority over intercollegiate athletics,
including, but not limited to, the NCAA, may not:
(1) Prevent a college athlete from fully participating
in intercollegiate athletics without penalty and earning
compensation as a result of the college athlete's name,
image, likeness rights or athletic reputation.
(2) Prevent an institution of higher education from
fully participating in intercollegiate athletics without
penalty as a result of a college athlete's use of the college
athlete's name, image, likeness rights or athletic
reputation.
§ 6705. Professional representation.
(a) Prohibitions.--
(1) An institution of higher education, athletic
association, conference or other group or organization with
authority over intercollegiate athletics, including, but not
limited to, the NCAA, may not interfere with or prevent a
college athlete from fully participating in intercollegiate
athletics for obtaining professional representation in
relation to contracts or legal matters, including, but not
20190SB0949PN1377 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
limited to, representation provided by athlete agents or
financial advisors or legal representation provided by
attorneys.
(2) An athletic association, conference or other group
or organization with authority over intercollegiate
athletics, including, but not limited to, the NCAA, may not
prevent an institution of higher education from fully
participating in intercollegiate athletics without penalty as
a result of a college athlete obtaining professional
representation in relation to contracts or legal matters,
including, but not limited to, representation provided by
athlete agents or financial advisors or legal representation
provided by attorneys.
(b) Qualifications.--Professional representation obtained by
a college athlete shall be from a person:
(1) acting as an athlete agent in accordance with 5
Pa.C.S. Ch. 33 (relating to registration);
(2) acting as a financial advisor in accordance with the
laws of this Commonwealth; or
(3) admitted to practice law by a court of record of
this Commonwealth.
§ 6706. Scholarships.
(a) Eligibility.--Earning compensation from the use of a
college athlete's name, image, likeness rights or athletic
reputation shall not affect the college athlete's scholarship
eligibility or renewal.
(b) Compensation.--
(1) For purposes of this chapter, an athletics grant-in-
aid or stipend scholarship from an institution of higher
education in which a college athlete is enrolled is not
20190SB0949PN1377 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
compensation for use of a college athlete's name, image,
likeness rights or athletic reputation.
(2) An athletics grant-in-aid or stipend scholarship may
not be revoked or reduced as a result of a college athlete
earning compensation under this chapter.
§ 6707. Contracts.
(a) Conflict with team contract.--
(1) A college athlete may not enter into an apparel
contract providing compensation to the college athlete for
use of the college athlete's name, image or likeness rights
that requires the college athlete to display a sponsor's
apparel or otherwise advertises for the sponsor during
official team activities, if a provision of the contract is
in conflict with a provision of the college athlete's team
contract.
(2) An institution of higher education asserting a
conflict described in paragraph (1) shall disclose to the
college athlete or the college athlete's professional
representative or other agent, if applicable, the full
contract that the institution of higher education asserts to
be in conflict.
(b) Disclosure.--A college athlete who enters into a
contract providing compensation to the college athlete for use
of the college athlete's name, image or likeness rights shall
disclose the contract to an official of the institution of
higher education, to be designated by the institution of higher
education.
(c) Periods of official team activities.--
(1) Subject to paragraph (2), a team contract of an
institution of higher education's athletic program shall not
20190SB0949PN1377 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
prevent a college athlete from receiving compensation for
using the college athlete's name, image or likeness rights
for a commercial purpose when the college athlete is not
engaged in official team activities.
(2) Paragraph (1) shall apply only to contracts entered
into, modified or renewed on or after the effective date of
this subsection.
§ 6708. Violations and claims.
A college athlete, institution of higher education,
conference or State or local prosecutor seeking to prosecute a
person violating this chapter shall not be deprived of any
protections provided under State law with respect to a
controversy that arises in this Commonwealth and shall have the
right to an adjudication in this Commonwealth of a claim that
arises in this Commonwealth.
§ 6709. Settlements.
Legal settlements made on or after the effective date of this
section shall not permit noncompliance with this chapter.
§ 6710. Conflicts.
Any provision of an existing statute that conflicts with a
provision of this chapter shall be void.
§ 6711. Severability.
The provisions of this chapter shall be severable. If any
provision of this chapter or the application of any provision of
this chapter is held to be invalid, that invalidity shall not
affect any other provision or application of any other provision
that can be given effect without the invalid provision or
application.
Section 2. This act shall take effect July 1, 2020.
20190SB0949PN1377 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29