New York S 10289: Relates to student-athlete name, image, and likeness compensation

Status: REFERRED TO HIGHER EDUCATION (as of 2026-05-11)

State: New York · Session: 2025-2026 · Bill: S 10289

Sponsors: Kevin S. Parker

Bill Text

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S10289 Summary:

BILL NOS10289 

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SAME ASSAME AS A10964

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §6438-c, Ed L

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Refines conditions for name, image, and likeness compensation agreements involving student-athletes and prospective student-athletes.

Go to top S10289 Actions:

BILL NOS10289 

&nbsp

05/11/2026REFERRED TO HIGHER EDUCATION

Go to topS10289 Committee&nbspVotes:

Go to topS10289 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10289 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10289

 IN SENATE

 May 11, 2026
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Higher Education

 AN ACT to amend the education law, in relation to student-athlete name,
 image, and likeness compensation

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 6438-c of the education law, as added by chapter
 2 622 of the laws of 2022, subdivision (a) of subdivision 1 and paragraph
 3 (c) of subdivision 2 as amended and paragraph (d) of subdivision 2 as
 4 added and such section as renumbered by chapter 154 of the laws of 2023,
 5 is amended to read as follows:
 6 § 6438-c. Student-athlete name, image, and likeness compensation. 1.
 7 For the purposes of this section:
 8 (a) "student-athlete" shall mean (i) a student enrolled at a college
 9 and participating in intercollegiate athletics, or (ii) an individual
 10 who has completed at least their sophomore year of high school or inter-
 11 national equivalent and is eligible, or may in the future be eligible,
 12 to attend a college and participate in intercollegiate athletics. Such
 13 term shall not include an individual permanently ineligible to partic-
 14 ipate in a particular interscholastic or intercollegiate sport; [and]
 15 (b) "team contract" shall mean any written agreement between a
 16 student-athlete and a college, or division, department, program or team
 17 thereof, which includes goals and objectives, standards, prohibitions,
 18 broadcast, advertising or marketing rights or consents, rules or expec-
 19 tations applicable to the student-athlete[.];
 20 (c) "collegiate sports governing body" shall mean an athletic associ-
 21 ation, conference, or other group or organization with authority over
 22 intercollegiate athletics;
 23 (d) "NIL" shall refer to name, image and likeness; and
 24 (e) "NIL advisor" shall mean any individual or entity, other than a
 25 licensed attorney or registered athlete agent, that for compensation
 26 negotiates, arranges, procures, or materially advises on a student-ath-
 27 lete name, image, and likeness agreement.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15464-01-6

 S. 10289 2

 1 2. (a) A college shall not uphold any rule, requirement, standard, or
 2 other limitation that prevents a student-athlete from earning compen-
 3 sation [pursuant to this section as a result of] from the use of the
 4 student-athlete's name, image, or likeness, except as expressly permit-
 5 ted under this section.
 6 (b) [An athletic association, conference, or other group or organiza-
 7 tion with authority over intercollegiate athletics, including, but not
 8 limited to, the National Collegiate Athletic Association (NCAA),] A
 9 collegiate sports governing body shall not prevent or unreasonably delay
 10 a student-athlete from earning compensation pursuant to this section [as
 11 a result of the use of the student-athlete's name, image, or likeness].
 12 (c) [An athletic association, conference, or other group or organiza-
 13 tion with authority over intercollegiate athletics, including, but not
 14 limited to, the NCAA,] A collegiate sports governing body shall not
 15 [prevent] take any adverse action against a college [from: (i) partic-
 16 ipating in intercollegiate athletics]: (i) as a result of allowing a
 17 student-athlete to earn compensation pursuant to this section [from
 18 earning compensation as a result of the use of the student-athlete's
 19 name, image, or likeness]; or (ii) because an individual or entity whose
 20 purpose include

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