HB 811

            
2020 SESSION

20100994D

HOUSE BILL NO. 811


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend the Code of Virginia by adding a section 
 numbered 23.1-408.1, relating to institutions of higher education; 
 intercollegiate athletics; student-athletes; 
 compensation and representation.
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Patron-- Miyares

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Referred to Committee on Education

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Be it enacted by the General Assembly of Virginia: 
 
 
1. That the Code of Virginia is amended by adding a section 
 numbered 23.1-408.1 as follows: 
 
 
� 23.1-408.1. Intercollegiate 
 athletics; student-athletes; 
 compensation and representation.
 
 
A. As used in this section:
 
 
"Athletic 
 association" includes the National Collegiate Athletic Association.
 
 
"Compensation" does not 
 include any scholarship provided 
 to a student-athlete that covers 
 some or all of the cost of attendance at the private 
 institution of higher education or baccalaureate public institution of higher 
 education at which the student-athlete is 
 enrolled.
 
 
"Student-athlete" 
 means a student enrolled 
 at a private institution of higher education or baccalaureate public 
 institution of higher education who 
 participates in Division 1 football in the Football Bowl 
 Subdivision at such institution.
 
 
B. No private 
 institution of higher education, baccalaureate public 
 institution of higher education, athletic association, 
 athletic conference, or other organization with authority over intercollegiate 
 athletics shall: 
 
 
1. Provide a 
 prospective student-athlete with compensation that 
 results from the use of the students name, image, or likeness;
 
 
2. Prohibit 
 or prevent a student-athlete from earning 
 compensation that results from the use of the students name, image, or 
 likeness, except as otherwise provided in subdivision 
 1 and subsection D;
 
 
3. Prohibit or prevent a 
 student-athlete from obtaining 
 professional representation by an athlete agent or legal representation by an 
 attorney licensed to practice law in the Commonwealth; or
 
 
4. Declare ineligible for or 
 revoke a scholarship provided to a student-athlete 
 who earns compensation that results from the use of the 
 students name, image, or likeness.
 
 
C. No 
 athletic association, athletic conference, or other organization with authority 
 over intercollegiate athletics shall prohibit or prevent a private 
 institution of higher education or baccalaureate public institution of higher 
 education from becoming a member of or participating 
 in intercollegiate athletics sponsored by such 
 association, conference, or organization as a consequence of the 
 compensation of a student-athlete at such 
 institution that results from the use of the student-athletes 
 name, image, or likeness.
 
 
D. Any team that 
 participates in intercollegiate athletics at a private institution of 
 higher education or baccalaureate public institution of higher education may 
 require a student-athlete 
 team member to enter into a team contract that prohibits the student 
 from earning compensation that results from the use of 
 the students name, image, or likeness while the student is engaged in 
 official team activities and no student-athlete 
 shall enter into any other contract that is in 
 conflict with such team contract.
 
 
2. That the provisions of the first enactment of this act 
 shall become effective on July 1, 2024.