HB1386: Require Athlete Programs for Name, Image, and Likeness Management

TN Gen. Assy Bill: HB1386

Sponsor: Harris

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Bill Summary

Scope: Applies to institutions of higher education concerning intercollegiate athletics.
Program Requirements: Mandates the implementation of programs addressing the name, image, and likeness for intercollegiate athletes.
Talent Fees: Authorizes institutions to collect talent fees from athletes.
Regulatory Changes: Introduces modifications to current authorizations and requirements related to intercollegiate athletes’ name, image, and likeness.

Risks & Considerations

The introduction of programs covering name, image, and likeness (NIL) for intercollegiate athletes could lead to increased administrative responsibilities for Vanderbilt University. This may require the development of new policies and procedures to ensure compliance with the new regulations.
Authorizing institutions to collect talent fees could create potential conflicts of interest and ethical considerations, particularly in how these fees are managed and distributed. Transparency and fairness in these processes will be crucial to maintain trust among athletes and stakeholders.
The changes in NIL authorizations and requirements may necessitate legal reviews and adjustments to existing contracts and agreements with athletes, potentially increasing legal costs and administrative burdens.
There is a risk that the focus on NIL could shift the priorities of student-athletes, potentially impacting their academic performance and overall college experience. Vanderbilt may need to implement support systems to help athletes balance their academic and commercial pursuits.

Impacted Programs

Vanderbilt Athletics Department will be directly impacted, as it will need to oversee the implementation of NIL programs and ensure compliance with the new regulations. This may require additional staffing and resources.
The Office of Legal Affairs may see an increased workload due to the need for legal guidance on NIL agreements and compliance with state and federal laws.
Student Support Services may need to expand their offerings to include financial literacy and contract negotiation workshops for student-athletes to help them navigate the complexities of NIL opportunities.
The Career Center could play a role in assisting student-athletes with leveraging their NIL opportunities for future career prospects, both within and outside of sports.

Financial Impact

The ability to collect talent fees could provide a new revenue stream for Vanderbilt University, potentially offsetting some of the costs associated with implementing and managing NIL programs.
However, the financial implications of managing NIL agreements, including potential legal and administrative costs, could be significant. Vanderbilt will need to carefully assess the cost-benefit ratio of these new responsibilities.
There may be opportunities for Vanderbilt to enhance its brand and attract top athletic talent by effectively managing and promoting its NIL programs, potentially leading to increased visibility and revenue from athletics.
Vanderbilt may need to consider the impact of NIL on its financial aid and scholarship programs, particularly if student-athletes’ earnings from NIL affect their eligibility for need-based aid.

Relevance Score: 3 (The bill presents moderate risks involving compliance and ethical considerations.)

Key Actions

Vanderbilt’s Financial Aid Office should evaluate the implications of the “Speak UP, Tennessee Scholarship Act” which provides scholarships for students demonstrating artistic excellence in spoken word poetry. This could impact the university’s recruitment strategies and financial aid offerings, particularly for students with artistic talents.
The Tennessee Higher Education Commission changes, including the addition of the executive director to the selection process for chief executive officers, should be monitored by Vanderbilt’s administration. Understanding these changes will be crucial for aligning the university’s leadership strategies with state policies.
Vanderbilt’s Office of Institutional Research should prepare to contribute to the required reports on tuition discounts and waivers. This will involve evaluating the utilization, state financial support, and student academic outcomes, which could influence future tuition policies and financial planning.

Opportunities

The introduction of the “Speak UP, Tennessee Scholarship Act” offers an opportunity for Vanderbilt’s Department of English and Creative Writing to engage with high school students excelling in spoken word poetry. This could lead to partnerships and outreach programs that enhance the university’s visibility and attract talented students.
The expanded authority of the Tennessee Higher Education Commission’s executive director presents an opportunity for Vanderbilt’s Leadership to engage more directly with state education policymakers. This could facilitate better alignment of the university’s strategic goals with state educational priorities.
By participating in the evaluation of tuition discounts and waivers, Vanderbilt can position itself as a leader in advocating for equitable access to higher education. This involvement could enhance the university’s reputation and influence in shaping state education policies.

Relevance Score: 3 (Some adjustments are needed to processes or procedures due to changes in scholarship opportunities and state education commission roles.)

Average Relevance Score: 2.2

Timeline for Implementation

N/A: The provided text does not include any specific timeline or deadline requirements for implementation.

Relevance Score: 1

Impacted Government Organizations

Tennessee Public Institutions of Higher Education: Public universities and colleges will be required to implement updated policies regarding intercollegiate athletes’ name, image, and likeness rights under the new legislation.
Tennessee Higher Education Commission (THEC): As the oversight body for public higher education in Tennessee, THEC will likely need to guide and monitor the implementation of these new programs and regulatory changes across state institutions.

Relevance Score: 1 (Only 1 or 2 agencies are affected by the legislation.)

Responsible Officials

University Presidents and Senior Administrators – Expected to supervise and ensure that their institution meets the new requirements regarding intercollegiate athletes’ name, image, and likeness programs.
Athletic Directors and Compliance Officers – Likely responsible for the day-to-day implementation of program changes, including the collection of talent fees and adherence to updated authorization requirements.

Relevance Score: 3 (Directives affect the leadership and operational management within higher education institutions.)