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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