LRB-5180/1
JAM:skw&amn
2023 - 2024 LEGISLATURE
February 2, 2024 - Introduced by Representatives Emerson, Hong, J. Anderson,
Bare, Clancy, Madison, Palmeri and Sinicki, cosponsored by Senators Larson
and Taylor. Referred to Committee on Colleges and Universities.
AB1048,1,3
1An Act to create 36.39, 38.25 and 39.43 of the statutes;
relating to: name,
2image, and likeness compensation for students at institutions of higher
3education.
Analysis by the Legislative Reference Bureau
This bill creates certain restrictions on higher education institutions, including
the Board of Regents of the University of Wisconsin System and its institutions, the
Technical College System Board, district boards, and technical colleges, and private
colleges (collectively, “institutions”); student athletes; student organization
members; and students' professional representatives in relation to compensation for
the use of student athletes' and student organization members' name, image, or
likeness. In the bill, “student athlete” is defined to mean a student at an institution
who participates in an intercollegiate sport. “Intercollegiate sport” is defined as a
sport played at the collegiate level for which eligibility requirements for
participation are established by an athletic organization, but does not include a
recreational, intramural, or club sport. “Student organization member” is defined
to mean a student at an institution who participates in an institution-affiliated
student organization.
The bill requires institutions to ensure that 1) no institution requirement
prevents a student athlete or student organization member from receiving
compensation on the basis of the student's name, image, or likeness; 2) any money
or item of value received by a student athlete or student organization member for the
student's name, image, or likeness is considered compensation and does not affect
the student's receipt of a scholarship from the institution; 3) neither an institution
nor any person related to or benefiting an institution compensates or promises future
compensation to a prospective student athlete for the prospective student athlete's
name, image, or likeness; 4) 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; 5) a prospective student athlete or
student athlete not be prevented by a contract between the prospective student
athlete or student athlete and the institution from using the prospective student
athlete's or student athlete's name, image, or likeness for a commercial purpose
when the prospective student athlete or student athlete is not engaged in an official
team activity; 6) any contract between an institution and a prospective student
athlete or student athlete allows the institution and any organization with relevant
authority over intercollegiate athletics to use the prospective student athlete's or
student athlete's name, image, or likeness for advertising and marketing purposes
without paying additional compensation to the prospective student athlete or
student athlete; 7) a student athlete or student organization member may obtain
professional representation in relation to a name, image, or likeness contract or legal
matter; and 8) that each institution create a written policy for how it will respond to
a situation in which a student athlete or student organization member at the
institution violates the bill's prohibition on a student athlete or student organization
member earning name, image, or likeness compensation in connection with certain
goods or services.
The bill also requires an attorney representing a student athlete or student
organization member in relation to the student's name, image, or likeness to be
licensed to practice law in this state, and requires an agent obtained by a student
athlete to comply with certain federal law with regard to the agent's relationship
with the student athlete.
The bill also prohibits student athletes and student organization members from
earning name, image, or likeness compensation in connection with any person
related to the development, production, distribution, wholesaling, or retailing of
adult entertainment products and services, alcohol products, betting activities,
tobacco, electronic smoking products and devices, prescription pharmaceuticals,
controlled dangerous substances, and weapons, firearms, or ammunition. Student
athletes and student organization members are also prohibited from entering into
a name, image, or likeness contract that conflicts with a portion of the student's
institutional contract, team contract, or institutional student policy. The bill also
requires student athletes and student organization members that enter into a name,
image, or likeness contract to disclose the contract to an institutional official, as
designated by the institution.
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:
AB1048,1
1Section
1. 36.39 of the statutes is created to read:
AB1048,3,3
236.39 Name, image, and likeness compensation. (1) Definitions. In this
3section:
AB1048,3,64
(a) “Intercollegiate sport” means a sport played at the collegiate level for which
5eligibility requirements for participation are established by an athletic organization.
6“Intercollegiate sport” does not include a recreational, intramural, or club sport.
AB1048,3,87
(b) “Prospective student athlete” means an individual who is not yet a student
8athlete but who is considering whether to become a student athlete.
AB1048,3,109
(c) “Student athlete” means a student at an institution who participates in an
10intercollegiate sport.
AB1048,3,1211
(d) “Student organization member” means a student at an institution who
12participates in an institution-affiliated student organization.
AB1048,3,14
13(2) Board and institution requirements. The board shall ensure all of the
14following:
AB1048,3,1815
(a) Subject to the requirements of this section, that no board or institution rule,
16requirement, standard, or other limitation prevents a student athlete or a student
17organization member from receiving compensation, or entering into a contract to
18receive compensation, on the basis of the student's name, image, or likeness.
AB1048,3,2319
(b) That if a student athlete or student organization member receives money
20or an item of value on the basis of the student's name, image, or likeness, the money
21or item of value is considered compensation for the purposes of this section, and that
22the compensation does not affect the student's receipt of a scholarship from the
23institution at which the student is enrolled.
AB1048,4,524
(c) That neither the board, an institution, nor an entity whose purpose includes
25supporting or benefiting the board, an institution, or an institution's athletic
1programs, nor any person related to the board, an institution, or such an entity,
2compensates or causes compensation to be directed for use of a prospective student
3athlete's name, image, or likeness or promises that, if a prospective student athlete
4attends an institution, the prospective student athlete will receive future
5compensation based on name, image, or likeness.
AB1048,4,86
(d) That neither the board nor an institution compensates or causes
7compensation to be directed to a student athlete or student organization member for
8the use of the student's name, image, or likeness.
AB1048,4,129
(e) That any contract between the board or an institution and a prospective
10student athlete or a student athlete does not prevent that individual from using the
11individual's name, image, or likeness for a commercial purpose when the individual
12is not engaged in an official team activity.
AB1048,4,1713
(f) That any contract between the board or an institution and a prospective
14student athlete or a student athlete allows the institution and any organization with
15relevant authority over intercollegiate athletics to use the individual's name, image,
16or likeness for advertising and marketing purposes without paying additional
17compensation to the individual.
AB1048,4,2018
(g) That neither the board nor an institution prevents a student athlete or
19student organization member from obtaining professional representation in relation
20to a name, image, or likeness contract or legal matter.
AB1048,4,2321
(h) That each institution create a written policy for how the institution will
22respond to a situation in which a student athlete or student organization member at
23the institution violates the prohibition under sub. (4) (a).
AB1048,5,3
1(3) Attorney and agent requirements. (a) An attorney obtained by a student
2athlete or student organization member seeking legal representation relating to that
3student's name, image, or likeness must be licensed to practice law in this state.
AB1048,5,54(b) An agent obtained by a student athlete shall comply with
15 USC 7801 et
5seq. with regard to the agent's relationship with the student athlete.
AB1048,5,9
6(4) Student requirements. (a) A student athlete or student organization
7member may not earn compensation as a result of the student's name, image, or
8likeness in connection with any person related to or associated with the development,
9production, distribution, wholesaling, or retailing of any of the following:
AB1048,5,1010
1. Adult entertainment products and services.
AB1048,5,1111
2. Alcohol products.
AB1048,5,1312
3. Casinos, sports betting, lotteries, betting in connection with video games,
13online games, or mobile devices, and other gambling entities.
AB1048,5,1414
4. Tobacco.
AB1048,5,1515
5. Electronic smoking products and devices.
AB1048,5,1616
6. Prescription pharmaceuticals.
AB1048,5,1717
7. Controlled dangerous substances.
AB1048,5,1818
8. Weapons, firearms, or ammunition.
AB1048,6,419
(b) A student athlete or student organization member may not enter into a
20contract providing compensation to the student for use of the student's name, image,
21or likeness if a provision of the contract conflicts with a portion of the student's team
22contract, student organization contract, or contract with, or student policy at, the
23institution at which the student is enrolled. If an institution asserts that a student
24athlete's or student organization member's contract providing compensation for use
25of the student's name, image, or likeness conflicts with a portion of the student's team
1contract, student organization contract, or contract with, or student policy at, the
2institution at which the student is enrolled, the institution shall disclose to the
3student and, if applicable, to the student's professional representation the relevant
4contractual provisions that it asserts are in conflict.
AB1048,6,85
(c) A student athlete or student organization member who has entered into a
6contract providing compensation to the student for use of the student's name, image,
7or likeness shall disclose the contract to an official of the institution at which the
8student athlete is enrolled, as designated by the institution.
AB1048,2
9Section
2. 38.25 of the statutes is created to read:
AB1048,6,11
1038.25 Name, image, and likeness compensation. (1) Definitions. In this
11section:
AB1048,6,1412
(a) “Intercollegiate sport” means a sport played at the collegiate level for which
13eligibility requirements for participation are established by an athletic organization.
14“Intercollegiate sport” does not include a recreational, intramural, or club sport.
AB1048,6,1615
(b) “Prospective student athlete” means an individual who is not yet a student
16athlete but who is considering whether to become a student athlete.
AB1048,6,1817
(c) “Student athlete” means a student at a technical college who participates
18in an intercollegiate sport.
AB1048,6,2019
(d) “Student organization member” means a student at a technical college who
20participates in a technical college-affiliated student organization.
AB1048,6,22
21(2) Board, district board, and technical college requirements. The board
22shall ensure all of the following:
AB1048,7,223
(a) Subject to the requirements of this section, that no board, district board, or
24technical college rule, requirement, standard, or other limitation prevents a student
25athlete or a student organization member from receiving compensation, or entering
1into a contract to receive compensation, on the basis of the student's name, image,
2or likeness.