Bill Text: NY A01428 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 1428 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the education law, in relation to enacting the "student athlete free enterprise act"

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2010-01-06 - referred to education [A01428 Detail]

Download: New_York-2009-A01428-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1428
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by M. of A. WRIGHT, MORELLE, BOYLAND, BRENNAN, DIAZ, WEISEN-
         BERG -- Multi-Sponsored by -- M. of A. ALFANO, BARRA -- read once  and
         referred to the Committee on Education
       AN  ACT to amend the education law, in relation to enacting the "student
         athlete free enterprise act"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act shall be known and may be cited as the "student
    2  athlete free enterprise act".
    3    S 2. The education law is amended by adding a new article 15-D to read
    4  as follows:
    5                                ARTICLE 15-D
    6                     STUDENT ATHLETE FREE ENTERPRISE ACT
    7  SECTION 730. STUDENT ATHLETE FREE ENTERPRISE.
    8          731. STUDENT ATHLETE TRUST FUND ACCOUNT.
    9    S 730. STUDENT ATHLETE FREE ENTERPRISE. NO ORGANIZATION OR ASSOCIATION
   10  WHICH GOVERNS OR OTHERWISE REGULATES STUDENT  ATHLETICS  IN  THIS  STATE
   11  SHALL  PROHIBIT  ANY  STUDENT ATHLETE IN THIS STATE FROM ENGAGING IN ANY
   12  FREE ENTERPRISE ACTIVITY INCLUDING, BUT NOT LIMITED TO; ENTERING INTO  A
   13  CONTRACT WITH ANY PERSON, FIRM OR CORPORATION FOR THE ENDORSEMENT OF ANY
   14  PRODUCT MANUFACTURED OR DISTRIBUTED BY SUCH PERSON, FIRM OR CORPORATION,
   15  SELLING  ANY  PRODUCT  WHICH  BEARS THE NAME OR LIKENESS OF SUCH STUDENT
   16  ATHLETE OR ANY OTHER PROMOTIONAL ACTIVITY WHICH RELATES TO SUCH INDIVID-
   17  UAL STUDENT ATHLETE. NO COLLEGE OR UNIVERSITY  LOCATED  IN  THIS  STATE,
   18  WHICH RECEIVES ANY FUNDS OR FINANCIAL SUPPORT FROM NEW YORK STATE, SHALL
   19  ASSOCIATE WITH, JOIN OR OTHERWISE PARTICIPATE IN ACTIVITIES SPONSORED OR
   20  ORGANIZED   BY  ANY  ORGANIZATION  OR  ASSOCIATION  WHICH  VIOLATES  THE
   21  PROVISIONS OF THIS SECTION.
   22    S 731. STUDENT ATHLETE TRUST FUND ACCOUNT. 1. ANY STUDENT ATHLETE  WHO
   23  COMPETES  IN  AMATEUR  ATHLETICS  SPONSORED  BY  A COLLEGE OR UNIVERSITY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00102-01-9
       A. 1428                             2
    1  LOCATED IN THIS STATE AND WHO ENTERS INTO A CONTRACTUAL RELATIONSHIP FOR
    2  THE ENDORSEMENT OF  ANY  PRODUCT  MANUFACTURED  OR  DISTRIBUTED  BY  ANY
    3  PERSON,  FIRM  OR CORPORATION, SELLS ANY PRODUCT WHICH BEARS THE NAME OR
    4  LIKENESS  OF  SUCH  STUDENT  ATHLETE OR ENGAGES IN ANY OTHER PROMOTIONAL
    5  ACTIVITY WHICH RELATES TO SUCH INDIVIDUAL STUDENT ATHLETE, SHALL DEPOSIT
    6  THE PROCEEDS FROM SUCH CONTRACT, SALES OR ACTIVITIES  INTO  A  FIDUCIARY
    7  ACCOUNT  TO  BE  HELD  IN TRUST FOR SUCH STUDENT. SUCH FIDUCIARY ACCOUNT
    8  SHALL BE MAINTAINED AND MANAGED BY THE HIGHER EDUCATION SERVICES  CORPO-
    9  RATION.
   10    2.  THE HIGHER EDUCATION SERVICES CORPORATION SHALL PERMIT WITHDRAWALS
   11  AND EXPENDITURES FROM SUCH FUND FOR THE PURPOSES OF:
   12    A. PROVIDING EDUCATIONAL SUPPORT FOR A FAMILY MEMBER; OR
   13    B. PROVIDING EMERGENCY ASSISTANCE, INCLUDING HEALTH CARE EXPENSES, FOR
   14  SUCH STUDENT OR HIS OR HER FAMILY.
   15    3. TEN PERCENT OF THE BALANCE OF SUCH ACCOUNT MAY BE PROVIDED  TO  THE
   16  STUDENT EACH YEAR FOR LIVING EXPENSES.
   17    4.  THE  HIGHER  EDUCATION  SERVICES  CORPORATION SHALL BE AWARDED ONE
   18  PERCENT OF ANY SUCH ACCOUNT FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THE
   19  MANAGEMENT OF SUCH ACCOUNTS AND FOR USE BY SUCH CORPORATION  FOR  FINAN-
   20  CIAL ASSISTANCE PROGRAMS FOR OTHER STUDENTS.
   21    S 3. This act shall take effect immediately.