SB939: Bill Text

The bill first applies to affected persons in the fifth fall semester commencing after the effective date of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB939,1 Section 1. 36.39 of the statutes is created to read:

SB939,3,3 36.39 Name, image, and likeness compensation. (1) Definitions. In this section:

SB939,3,6 (a) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation are established by an athletic organization. “Intercollegiate sport” does not include a recreational, intramural, or club sport.

SB939,3,8 (b) “Prospective student athlete” means an individual who is not yet a student athlete but who is considering whether to become a student athlete.

SB939,3,10 (c) “Student athlete” means a student at an institution who participates in an intercollegiate sport.

SB939,3,12 (d) “Student organization member” means a student at an institution who participates in an institution-affiliated student organization.

SB939,3,14 (2) Board and institution requirements. The board shall ensure all of the following:

SB939,3,18 (a) Subject to the requirements of this section, that no board or institution rule, requirement, standard, or other limitation prevents a student athlete or a student organization member from receiving compensation, or entering into a contract to receive compensation, on the basis of the student's name, image, or likeness.

SB939,3,23 (b) That if a student athlete or student organization member receives money or an item of value on the basis of the student's name, image, or likeness, the money or item of value is considered compensation for the purposes of this section, and that the compensation does not affect the student's receipt of a scholarship from the institution at which the student is enrolled.

SB939,4,5 (c) That neither the board, an institution, nor an entity whose purpose includes supporting or benefiting the board, an institution, or an institution's athletic programs, nor any person related to the board, an institution, or such an entity, compensates or causes compensation to be directed for use of a prospective student athlete's name, image, or likeness or promises that, if a prospective student athlete attends an institution, the prospective student athlete will receive future compensation based on name, image, or likeness.

SB939,4,8 (d) That neither the board nor an institution compensates or causes compensation to be directed to a student athlete or student organization member for the use of the student's name, image, or likeness.

SB939,4,12 (e) That any contract between the board or an institution and a prospective student athlete or a student athlete does not prevent that individual from using the individual's name, image, or likeness for a commercial purpose when the individual is not engaged in an official team activity.

SB939,4,17 (f) That any contract between the board or an institution and a prospective student athlete or a student athlete allows the institution and any organization with relevant authority over intercollegiate athletics to use the individual's name, image, or likeness for advertising and marketing purposes without paying additional compensation to the individual.

SB939,4,20 (g) That neither the board nor an institution prevents a student athlete or student organization member from obtaining professional representation in relation to a name, image, or likeness contract or legal matter.

SB939,4,23 (h) That each institution create a written policy for how the institution will respond to a situation in which a student athlete or student organization member at the institution violates the prohibition under sub. (4) (a).

SB939,5,3 (3) Attorney and agent requirements. (a) An attorney obtained by a student athlete or student organization member seeking legal representation relating to that student's name, image, or likeness must be licensed to practice law in this state.

SB939,5,5 (b) An agent obtained by a student athlete shall comply with 15 USC 7801 et seq. with regard to the agent's relationship with the student athlete.

SB939,5,9 (4) Student requirements. (a) A student athlete or student organization member may not earn compensation as a result of the student's name, image, or likeness in connection with any person related to or associated with the development, production, distribution, wholesaling, or retailing of any of the following:

SB939,5,10 1. Adult entertainment products and services.

SB939,5,11 2. Alcohol products.

SB939,5,13 3. Casinos, sports betting, lotteries, betting in connection with video games, online games, or mobile devices, and other gambling entities.

SB939,5,14 4. Tobacco.

SB939,5,15 5. Electronic smoking products and devices.

SB939,5,16 6. Prescription pharmaceuticals.

SB939,5,17 7. Controlled dangerous substances.

SB939,5,18 8. Weapons, firearms, or ammunition.

SB939,6,4 (b) A student athlete or student organization member may not enter into a contract providing compensation to the student for use of the student's name, image, or likeness if a provision of the contract conflicts with a portion of the student's team contract, student organization contract, or contract with, or student policy at, the institution at which the student is enrolled. If an institution asserts that a student athlete's or student organization member's contract providing compensation for use of the student's name, image, or likeness conflicts with a portion of the student's team contract, student organization contract, or contract with, or student policy at, the institution at which the student is enrolled, the institution shall disclose to the student and, if applicable, to the student's professional representation the relevant contractual provisions that it asserts are in conflict.

SB939,6,8 (c) A student athlete or student organization member who has entered into a contract providing compensation to the student for use of the student's name, image, or likeness shall disclose the contract to an official of the institution at which the student athlete is enrolled, as designated by the institution.

SB939,2 Section 2. 38.25 of the statutes is created to read:

SB939,6,11 38.25 Name, image, and likeness compensation. (1) Definitions. In this section:

SB939,6,14 (a) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation are established by an athletic organization. “Intercollegiate sport” does not include a recreational, intramural, or club sport.

SB939,6,16 (b) “Prospective student athlete” means an individual who is not yet a student athlete but who is considering whether to become a student athlete.

SB939,6,18 (c) “Student athlete” means a student at a technical college who participates in an intercollegiate sport.

SB939,6,20 (d) “Student organization member” means a student at a technical college who participates in a technical college-affiliated student organization.

SB939,6,22 (2) Board, district board, and technical college requirements. The board shall ensure all of the following:

SB939,7,2 (a) Subject to the requirements of this section, that no board, district board, or technical college rule, requirement, standard, or other limitation prevents a student athlete or a student organization member from receiving compensation, or entering into a contract to receive compensation, on the basis of the student's name, image, or likeness.

SB939,7,7 (b) That if a student athlete or student organization member receives money or an item of value on the basis of the student's name, image, or likeness, the money or item of value is considered compensation for the purposes of this section, and that the compensation does not affect the student's receipt of a scholarship from the board, a district board, or a technical college.

SB939,7,15 (c) That neither the board, a district board, a technical college, nor an entity whose purpose includes supporting or benefiting the board, a district board, or a technical college's athletic programs, nor any person related to the board, a district board, a technical college, or such an entity, compensates or causes compensation to be directed for use of a prospective student athlete's name, image, or likeness or promises that, if a prospective student athlete attends a technical college, the prospective student athlete will receive future compensation based on name, image, or likeness.

SB939,7,18 (d) That neither the board, a district board, nor a technical college compensates or causes compensation to be directed to a student athlete or student organization member for the use of the student's name, image, or likeness.

SB939,7,22 (e) That any contract between the board, a district board, or a technical college and a prospective student athlete or a student athlete does not prevent that individual from using the individual's name, image, or likeness for a commercial purpose when the individual is not engaged in an official team activity.

SB939,8,3 (f) That any contract between the board, a district board, or a technical college and a prospective student athlete or a student athlete allows the board, district board, or technical college and any organization with relevant authority over intercollegiate athletics to use the individual's name, image, or likeness for advertising and marketing purposes without paying additional compensation to the individual.

SB939,8,6 (g) That neither the board, a district board, nor a technical college prevents a student athlete or student organization member from obtaining professional representation in relation to a name, image, or likeness contract or legal matter.

SB939,8,9 (h) That each technical college create a written policy for how the technical college will respond to a situation in which a student athlete or student organization member at the technical college violates the prohibition under sub. (4) (a).

SB939,8,12 (3) Attorney and agent requirements. (a) An attorney obtained by a student athlete or student organization member seeking legal representation relating to that student's name, image, or likeness must be licensed to practice law in this state.

SB939,8,14 (b) An agent obtained by a student athlete shall comply with 15 USC 7801 et seq. with regard to the agent's relationship with the student athlete.

SB939,8,18 (4) Student requirements. (a) A student athlete or student organization member may not earn compensation as a result of the student's name, image, or likeness in connection with any person related to or associated with the development, production, distribution, wholesaling, or retailing of any of the following:

SB939,8,19 1. Adult entertainment products and services.

SB939,8,20 2. Alcohol products.

SB939,8,22 3. Casinos, sports betting, lotteries, betting in connection with video games, online games, or mobile devices, and other gambling entities.

SB939,8,23 4. Tobacco.

SB939,8,24 5. Electronic smoking products and devices.

SB939,8,25 6. Prescription pharmaceuticals.

SB939,9,1 7. Controlled dangerous substances.

SB939,9,2 8. Weapons, firearms, or ammunition.

SB939,9,14 (b) A student athlete or student organization member may not enter into a contract providing compensation to the student for use of the student's name, image, or likeness if a provision of the contract conflicts with a portion of the student's team contract, student organization contract, or contract with, or student policy at, the technical college at which the student is enrolled. If a technical college asserts that a student athlete's or student organization member's contract providing compensation for use of the student's name, image, or likeness conflicts with a portion of the student's team contract, student organization contract, or contract with, or student policy at, the technical college at which the student is enrolled, the technical college shall disclose to the student and, if applicable, to the student's professional representation the relevant contractual provisions that it asserts are in conflict.

SB939,9,18 (c) A student athlete or student organization member who has entered into a contract providing compensation to the student for use of the student's name, image, or likeness shall disclose the contract to an official of the technical college at which the student athlete is enrolled, as designated by the technical college.

SB939,3 Section 3. 39.43 of the statutes is created to read:

SB939,9,21 39.43 Name, image, and likeness compensation. (1) Definitions. In this section:

SB939,9,23 (a) “Institution” means a private, nonprofit institution of higher education that is a member of the Wisconsin Association of Independent Colleges and Universities.

SB939,10,3 (b) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation are established by an athletic organization. “Intercollegiate sport” does not include a recreational, intramural, or club sport.

SB939,10,5 (c) “Prospective student athlete” means an individual who is not yet a student athlete but who is considering whether to become a student athlete.

SB939,10,7 (d) “Student athlete” means a student at an institution who participates in an intercollegiate sport.

SB939,10,9 (e) “Student organization member” means a student at an institution who participates in an institution-affiliated student organization.

SB939,10,10 (2) Institution requirements. Institutions shall ensure all of the following:

SB939,10,14 (a) Subject to the requirements of this section, that no institution rule, requirement, standard, or other limitation prevents a student athlete or a student organization member from receiving compensation, or entering into a contract to receive compensation, on the basis of the student's name, image, or likeness.

SB939,10,19 (b) That if a student athlete or student organization member receives money or an item of value on the basis of the student's name, image, or likeness, the money or item of value is considered compensation for the purposes of this section, and that the compensation does not affect the student's receipt of a scholarship from the institution at which the student is enrolled.

SB939,10,25 (c) That neither an institution nor an entity whose purpose includes supporting or benefiting the institution, or an institution's athletic programs, nor any person related to an institution or such an entity, compensates or causes compensation to be directed for use of a prospective student athlete's name, image, or likeness or promises that, if a prospective student athlete attends an institution, the prospective student athlete will receive future compensation based on name, image, or likeness.

SB939,11,3 (d) That an institution does not compensate or cause compensation to be directed to a student athlete or student organization member for the use of the student's name, image, or likeness.

SB939,11,7 (e) That any contract between an institution and a prospective student athlete or a student athlete does not prevent that individual from using the individual's name, image, or likeness for a commercial purpose when the individual is not engaged in an official team activity.

SB939,11,12 (f) That any contract between an institution and a prospective student athlete or a student athlete allows the institution and any organization with relevant authority over intercollegiate athletics to use the individual's name, image, or likeness for advertising and marketing purposes without paying additional compensation to the individual.

SB939,11,15 (g) That an institution does not prevent a student athlete or student organization member from obtaining professional representation in relation to a name, image, or likeness contract or legal matter.

SB939,11,18 (h) That each institution create a written policy for how the institution will respond to a situation in which a student athlete or student organization member at the institution violates the prohibition under sub. (4) (a).

SB939,11,21 (3) Attorney and agent requirements. (a) An attorney obtained by a student athlete or student organization member seeking legal representation relating to that student's name, image, or likeness must be licensed to practice law in this state.

SB939,11,23 (b) An agent obtained by a student athlete shall comply with 15 USC 7801 et seq. with regard to the agent's relationship with the student athlete.

SB939,12,2 (4) Student requirements. (a) A student athlete or student organization member may not earn compensation as a result of the student's name, image, or likeness in connection with any person related to or associated with the development, production, distribution, wholesaling, or retailing of any of the following:

SB939,12,3 1. Adult entertainment products and services.

SB939,12,4 2. Alcohol products.

SB939,12,6 3. Casinos, sports betting, lotteries, betting in connection with video games, online games, or mobile devices, and other gambling entities.

SB939,12,7 4. Tobacco.

SB939,12,8 5. Electronic smoking products and devices.

SB939,12,9 6. Prescription pharmaceuticals.

SB939,12,10 7. Controlled dangerous substances.

SB939,12,11 8. Weapons, firearms, or ammunition.

SB939,12,22 (b) A student athlete or student organization member may not enter into a contract providing compensation to the student for use of the student's name, image, or likeness if a provision of the contract conflicts with a portion of the student's team contract, student organization contract, or contract with, or student policy at, the institution at which the student is enrolled. If an institution asserts that a student athlete's or student organization member's contract providing compensation for use of the student's name, image, or likeness conflicts with a portion of the student's team contract, student organization contract, or contract with, or student policy at, the institution at which the student is enrolled, the institution shall disclose to the student and, if applicable, to the student's professional representation the relevant contractual provisions that it asserts are in conflict.

SB939,13,2 (c) A student athlete or student organization member who has entered into a contract providing compensation to the student for use of the student's name, image, or likeness shall disclose the contract to an official of the institution at which the student athlete is enrolled, as designated by the institution.

SB939,4 Section 4. Initial applicability.