§12972. Prohibitions
1. Actions by colleges or universities. A college or university may not:
A. Adopt or enforce a policy, requirement, standard or limitation that prohibits or otherwise prevents a student athlete who is participating in an intercollegiate athletic program at the college or university from:
(1) Earning compensation for the use of the student athlete's name, image or likeness when the student athlete is not engaged in official team activities; or
(2) Obtaining professional representation, including representation by an attorney, for contracts or other legal matters relating to the use of the student athlete's name, image or likeness; [PL 2021, c. 544, §1 (NEW).]
B. Disqualify a student athlete who is participating in an intercollegiate athletic program at a college or university from receiving a full scholarship based on athletics awarded by the college or university because the student athlete:
(1) Earns compensation from the use of the student athlete's name, image or likeness when the student athlete is not engaged in official team activities; or
(2) Obtains professional representation, including representation by an attorney, for contracts or other legal matters relating to use of the student athlete's name, image or likeness.
For purposes of this paragraph, "full scholarship" means a scholarship that covers the full cost of attendance at that college or university, including but not limited to tuition, room and board; or [PL 2021, c. 544, §1 (NEW).]
C. Prescribe a team contract for an intercollegiate athletic program that prohibits or otherwise prevents 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. [PL 2021, c. 544, §1 (NEW).]
For the purposes of this subsection, a college or university determines what behavior constitutes official team activities at that college or university.
[PL 2021, c. 544, §1 (NEW).]
2. Construction. This section may not be construed to limit a college or university from adopting or enforcing a policy, requirement, standard or limitation that establishes conditions by which a student athlete may monetize the student athlete's name, image or likeness, including a policy, requirement, standard or limitation that prohibits a student athlete's use of a college or university trademark, logo or facility or prohibits a student athlete's use of the student athlete's name, image or likeness in a manner that is inconsistent with a college or university code of conduct or other college or university policy.
[PL 2021, c. 544, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 544, §1 (NEW).