Relates to student-athlete name, image, and likeness compensation

Latest action May 11, 2026

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

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Where it stands

Assigned to a committee for review.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A10964, the matching bill in the Assembly.

Amends the Education Law.

Committee

Higher Education · New York State Assembly

Also referred to Higher Education · New York State Senate.

Purpose, from the sponsor's memo

To create a "non-coercion, anti-retaliation" provision that ensures that there will be no "pay for play" or exchange of athletic benefits for NIL consideration; provide additional protections for minors; express contemplation, and regulation, of student-athletes being advised by individuals who are not licensed attorneys or registered athlete-agents; improve language protecting student athletes' scholarships regardless of NIL activities; create an appeals process permitting student- athlete assistance programs, with reporting requirements to ensure those bene- fits are received by the students; establish an athlete ombudsperson to hear student-athletes' complaints and to facilitate dispute resolution. SUMMARY: Section 1 relates to the title and defines terms. Section 2 prohibits unreasonable delay in a student-athlete earning compensation as a result of the use of student's NIL, prevents collegi- ate sports governing bodies from taking adverse action against a college as a result of allowing a student-athlete to earn compensation or because an individual violated the collegiate sports governing body's NIL rules, prevents a collegiate sports governing body from taking adverse action against a college or other individuals for: entering into NIL contracts; or supporting lawful NIL opportunities, prevents a college or affiliated entity from conditioning playing time, scholarship status, team participation, roster position, or other athletic benefits on a student athlete's participation in any NIL opportunity. Section 3 requires written consent of a parent or legal guardian, clear written disclosure of material terms in plain language, and a rescission period of not less than five business days during which the agreement may be voided without penalty for any NIL agreement involving a minor. Section 4 allows student athletes to obtain representation by licensed attorneys, registered athlete agents or NIL advisors in connection with NIL matters. Provides a fiduciary for athlete agents, attorneys, and NIL advisors representing student athletes. Requires athlete agents, attor- neys, and NIL advisors to disclose actual and potential conflicts of interest. Outlines a set of necessary terms and conditions in which agreements governing an athlete agent, attorney or NIL advisor shall be made, and outlines terms and conditions that shall not be included. Section 5 strengthens scholarship protections for student athletes from retaliatory actions due to NIL matters or obtaining representation. Section 6 requires a college to respond to the disclosure of a student- athlete NIL agreement within seven business days. Amends the conditions in which a college may assert that an NIL agreement would be in conflict. Creates an appealment process by which a student-athlete may appeal a college's conflict determination. Section 7 broadens the settings in which a student-athlete may engage in NIL activities. Section 8 amends the stipulation that institutions providing NIL compen- sation shall offer student athlete assistance programs. Section 9 outlines enforcement, creates the state NIL and athlete ombudsman, and inserts a coordination clause. Section 10 describes applicability. Section 11 sets the effective date.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

The sponsor's argument

Why Kevin S. Parker says this is needed

This amendment is necessary because it restores critical protections for student-athletes that are missing from the current NIL framework. NIL representation relationships inherently involve significant power imbal- ances, leaving student-athletes vulnerable to exploitation without clear statutory safeguards. The amendment closes regulatory loopholes by applying requirements not only to licensed agents but also to compen- sated advisors, preventing individuals from evading oversight. It also mandates compliance with federal and state athlete-agent laws, while strengthening them through specific fiduciary duties, contract transpar- ency requirements, and prohibitions on predatory provisions such as automatic renewals, excessive fees, and exploitative advances. Without these explicit protections-and without a private right of action with attorney's fees-student-athletes, particularly those under financial pressure, may lack both the awareness and resources to identify and challenge harmful agreements, as existing laws leave significant gaps and rely too heavily on general compliance standards. The amendment is equally necessary to protect New York institutions and maintain their competitiveness in collegiate athletics. By explicitly prohibiting adverse action from governing bodies like the NCAA or CSC against schools that comply with state NIL laws, the amendment ensures that New York programs are not placed at a disadvantage compared to those in states with stronger institutional protections. As other states have already enacted similar measures, failing to adopt these provisions would deter top recruits and weaken New York's position nationally. The inclusion of enforceable remedies, including the ability for insti- tutions to bring legal action and recover attorney's fees, is essential to deter overreach and ensure compliance. Together, these provisions uphold the intent of NIL reform by protecting both student-athletes and institutions while promoting fairness and competitive balance. RACIAL JUSTICE IMPACT: TBD GENDER JUSTICE IMPACT: TBD

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

May 11, 2026
Referred to committee
REFERRED TO HIGHER EDUCATION
NY Senate
Apr 14, 2026
Referred to committee
REFERRED TO HIGHER EDUCATION
NY Assembly

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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