A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-158-45 SO AS TO PROVIDE THE GOVERNING ACTIONS, SANCTIONS, BYLAWS, AND RULES OF ATHLETIC CONFERENCES OR COLLEGIATE ATHLETIC ASSOCIATIONS MAY NOT INTERFERE WITH THE ABILITY OF INTERCOLLEGIATE ATHLETES TO EARN COMPENSATION FOR THEIR NAME, IMAGE, OR LIKENESS OR PARTICIPATE IN INTERCOLLEGIATE ATHLETIC EVENTS UNLESS THE ATHLETE HAS COMMITTED CERTAIN RULES VIOLATIONS; AND BY AMENDING SECTION 59-158-40, RELATING TO THE PROHIBITION ON INSTITUTIONS OF HIGHER LEARNING PREVENTING OR UNDULY RESTRICTING INTERCOLLEGIATE ATHLETES FROM EARNING COMPENSATION FOR USE OF THEIR NAME, IMAGE, OR LIKENESS, SO AS TO MAKE A CONFORMING CHANGE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 158, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-158-45. The governing actions, sanctions, bylaws, and rules of an athletic conference or collegiate athletic association may not interfere with the ability of an intercollegiate athlete to earn compensation in accordance with this chapter and must not otherwise impact his eligibility or full participation in intercollegiate athletic events unless the intercollegiate athlete has committed a violation of the rules of an institution of higher learning or the athletic conference or collegiate athletic association.

 

SECTION 2.  Section 59-158-40(A) of the S.C. Code is amended to read:

 

    (A) Notwithstanding athletic conference or collegiate athletic association rules, bylaws, regulations, sanctions, and policies to the contrary, an institution of higher learning is prohibited from adopting or maintaining a contract, rule, regulation, standard, or other requirement that prevents or unduly restricts an intercollegiate athlete from:

       (1) earning compensation for the use of his name, image, or likeness; or

       (2) obtaining an athlete agent for the purpose of securing compensation for the use of his name, image, or likeness.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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