HOUSE BILL 302

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Ambrose Castellano and Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO SCHOOL ACTIVITIES; PROHIBITING IMPOSITION OF LIMITATIONS AGAINST ALL SCHOOL-AGE PERSONS FROM THE USE OF THEIR NAMES, IMAGES, LIKENESSES OR REPUTATIONS; ALLOWING FOR THE PROFESSIONAL REPRESENTATION OF ALL SCHOOL-AGE PERSONS BY AN AGENT FOR MATTERS ARISING FROM THE USE OF THE SCHOOL-AGE PERSONS' NAMES, IMAGES, LIKENESSES OR REPUTATIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 22, Article 2 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] STUDENT ATHLETE COMPENSATION--PROFESSIONAL REPRESENTATION.--

          A. The department shall not:

                (1) uphold any rule, requirement, standard or other limitation promulgated by an association or organization attempting to regulate a public school activity if that rule, requirement, standard or other limitation prevents a school-age person from fully participating in that activity without penalty:

                     (a) for receiving food, shelter, medical expenses or insurance from a third party; or

                     (b) for earning compensation from a third party as a result of the use of the school-age person's name, image, likeness or reputation;

                (2) prohibit or discourage a school-age person from wearing footwear of the school-age person's choice during that activity so long as the footwear does not pose a health risk to the school-age person;

                (3) prevent a school-age person from receiving third-party compensation for using the school-age person's name, image, likeness or reputation when the school-age person is not engaged in that activity; or

                (4) arrange third-party compensation for the use of a school-age person's name, image, likeness or reputation or use such deals as inducements to recruit prospective school-age persons.

          B. Earning compensation from the use of a school-age person's name, image, likeness or reputation shall not affect a school-age person's grant-in-aid or stipend eligibility, amount, duration or renewal. For the purposes of this section, a grant-in-aid or stipend shall not be revoked or reduced as a result of a school-age person's earning compensation pursuant to this section.

          C. A third party shall not offer a school-age person a contract to provide compensation to the school-age person for use of the school-age person's name, image, likeness or reputation that requires the school-age person to advertise for the sponsor in person during that activity without the approval of the school-age person's public school.

          D. Neither the department, nor the school-age person's public school, nor the association or organization attempting to regulate the public school activity shall interfere with or prevent a school-age person from fully participating in the activity for obtaining representation unaffiliated with the department, the school-age person's public school or the association or organization attempting to regulate the public school activity or their partners in relation to contracts or legal matters. An entity or individual that represents the department, the school-age person's public school or the association or organization attempting to regulate the public school activity or has represented the department, the school-age person's public school or the association or organization attempting to regulate the public school activity in the previous four years shall not represent a school-age person who is attending that public school in any business agreement."

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