Pennsylvania HB 1520: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in intercollegiate athletics, further providing for definitions and providing for rights of parties, for prohibitions on institutions, for athletic associations, conferences and organizations with authority over intercollegiate sports, for NIL agreements, for athlete agents and upfront payments, for athletic program structure, for protections and right to adjudicate, for private civil action, for settlements and for severability.

Bill Text

PRINTER'S NO. 1790
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1520
Session of
2025
INTRODUCED BY ABNEY, CURRY, HILL-EVANS, PROBST, BELLMON,
D. MILLER, SANCHEZ, D. WILLIAMS, FLEMING AND NEILSON,
MAY 30, 2025
REFERRED TO COMMITTEE ON EDUCATION, MAY 30, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in intercollegiate athletics, further
providing for definitions and providing for rights of
parties, for prohibitions on institutions, for athletic
associations, conferences and organizations with authority
over intercollegiate sports, for NIL agreements, for athlete
agents and upfront payments, for athletic program structure,
for protections and right to adjudicate, for private civil
action, for settlements and for severability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "athlete agent" in section
2002-M of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949, is amended and the section is
amended by adding definitions to read:
Section 2002-M. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Agency contract." As defined in 5 Pa.C.S. § 3502 (relating
to definitions).
"Athlete agent." As defined in 5 Pa.C.S. § 3502 [(relating
to definitions)].
"Athletic association, conference or organization with
authority over intercollegiate sports." The term includes the
NCAA and any individual or entity designated to enforce
conference or athletic association rules.
* * *
"NIL." The name, image, likeness or athletic reputation
property rights of a prospective college student athlete or a
college student athlete.
"NIL collective." A group of two or more individuals or
entities that collaborate to arrange or enter into lawful NIL
agreements with a prospective college student athlete or college
student athlete at a particular institution or pay NIL
compensation to prospective college student athletes or college
student athletes conditioned on their attendance at a particular
institution.
"NIL compensation." The compensation of a prospective
college student athlete or college student athlete in exchange
for use of the prospective college student athlete or college
student athlete's NIL. The term includes compensation for speech
protected by the First Amendment of the Constitution of the
United States.
"Parties." Legal signatories in an agency contract that
includes an athlete agent and the legal signatory or signatories
of a prospective college student athlete or college student
athlete who the athlete agent will represent.
"Prospective college student athlete." An individual who is
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recruited by an institution to participate as a current athlete
on at least one intercollegiate team but has not yet enrolled at
the postsecondary institution.
"Third party." A person or entity that is not an
institution, a conference or an athletic association that pays
NIL compensation.
Section 2. The act is amended by adding sections to read:
Section 2002.1-M. Rights of parties.
(a) Generally.--A prospective college student athlete and a
current college student athlete has the right to:
(1) Enter into an agency contract and secure
representation in relation to legal and professional matters.
(2) Enter into an NIL agreement with and receive NIL
compensation directly from an institution, athletic program
supporter, NIL collective and third party.
(b) Prohibition.--
(1) An institution, athletic association, conference or
organization with authority over intercollegiate sports, and
any individual or entity representing them, are prohibited
from:
(i) Serving as an athlete agent for a prospective
college student athlete or college student athlete.
(ii) Attempting to influence a prospective college
student athlete or current college student athlete's
selection of an athlete agent.
(2) Notwithstanding paragraph (1), an institution may
arrange or help arrange an NIL agreement and NIL compensation
for a prospective college student athlete or college student
athlete, but may not collect a commission for an NIL
activity.
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(3) An institution athletic association, conference or
organization with authority over intercollegiate sports, any
individual or entity representing them and any of their
business partners are prohibited from directly or indirectly
interfering with lawful communications between a college
student athlete and an athlete agent wh