HOUSE BILL NO. 4319

March 22, 2023, Introduced by Reps. Witwer, Glanville and DeSana and referred to the Committee on Education.

A bill to amend 2020 PA 366, entitled

"An act to prohibit postsecondary educational institutions in this state and certain athletic organizations from preventing a college athlete from receiving compensation for the use of his or her name, image, or likeness rights,"

by amending section 10 (MCL 390.1740).

the people of the state of michigan enact:

Sec. 10. (1) This act does not require a postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics to identify, create, facilitate, negotiate, or otherwise enable opportunities for a student to earn compensation for the student's use of his or her the student's name, image, or likeness rights. However, this act permits a postsecondary educational institution to do all of the following:

(a) Support student athletes' name, image, or likeness opportunities by partnering with third parties that license publicity rights or the use of name, image, or likeness rights of student athletes, subject to all of the following:

(i) The third party must not be a national association for the promotion or regulation of collegiate athletics, an athletics conference, or another postsecondary educational institution.

(ii) The third party must be in operation for at least 5 years and be registered for charitable solicitation under the laws of this state.

(iii) The postsecondary educational institution must not coerce, compel, or interfere with a student athlete's decision to earn compensation from or obtain representation in connection with any specific name, image, or likeness opportunity.

(b) Fund an independent, third-party administrator to support education, monitoring, disclosures, and reporting concerning name, image, or likeness activities by student athletes authorized under this act, so long as that third-party administrator is not a registered athlete agent.

(2) A postsecondary educational institution's involvement in support of name, image, or likeness activities as described in subsection (1)(a) does not constitute compensation to or representation of a student athlete by the institution for purposes of this act.

(3) Postsecondary educational institutions are encouraged to provide financial literacy, brand management, and life skills programming designed for student athletes.

(4) (2) This act does not establish or bestow the right of a student to use the name, trademarks, services marks, logos, symbols, or any other intellectual property, whether registered or not, of a postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics, in furtherance of the student's opportunities to earn compensation for the student's use of his or her the student's name, image, or likeness rights.

(5) (3) This act does not limit the right of a postsecondary educational institution to establish and enforce any of the following:

(a) Academic standards, requirements, regulations, or obligations for its students.

(b) Team rules of conduct or other rules of conduct.

(c) Standards or policies regarding the governance or operation of or participation in intercollegiate varsity athletics.

(d) Disciplinary rules and standards generally applicable to all students of the postsecondary educational institution.