HB 335

                                1  HOUSE BILL 335
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Dayan Hochman-Vigil
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                                10  AN ACT
                                11   RELATING TO STUDENT ATHLETE COMPENSATION; PROVIDING THAT ALL
                                12   DOCUMENTS AND RECORDS RELATED TO STUDENT ATHLETE COMPENSATION
                                13   FOR THE USE OF A STUDENT ATHLETE'S NAME, IMAGE, LIKENESS OR
                                14   ATHLETIC REPUTATION ARE CONFIDENTIAL AND EXEMPT FROM PUBLIC
                                15   INSPECTION EXCEPT WHEN REQUIRED FOR REGULATORY COMPLIANCE.
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                                17   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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                                18  SECTION 1.    Section 21-31-3 NMSA 1978 (being Laws 2021,
                                19   Chapter 124, Section 3, as amended) is amended to read:
                                20  "21-31-3.    STUDENT ATHLETE COMPENSATION.--
                                21  A.     A post-secondary educational institution shall
                                22   not:
                                23  (1)   uphold any rule, requirement, standard or
                                24   other limitation that prevents a student athlete of that
                                25   institution from fully participating in athletics without
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                                1    penalty:
                                2  (a)   for receiving food, shelter, medical
                                3    expenses or insurance from a third party; or
                                4  (b)   for earning compensation from a
                                5    third party as a result of the use of the student athlete's
                                6    name, image, likeness or athletic reputation; [or]
                                7  (2)   prevent a student athlete from receiving
                                8    third-party compensation for using the student athlete's name,
                                9    image, likeness or athletic reputation when the student athlete
                                10   is not engaged in official, mandatory team activities; or
                                11  (3)   disclose or make available for inspection,
                                12   examination or reproduction any document or record related to
                                13   student athlete compensation for the use of a student athlete's
                                14   or prospective student athlete's name, image, likeness or
                                15   athletic reputation except to the extent such disclosure is
                                16   required by court order or for compliance with applicable
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                                17   athletic association or conference rules.
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                                18  B.   Earning compensation from the use of a student
                                19   athlete's name, image, likeness or athletic reputation shall
                                20   not affect a student athlete's grant-in-aid or stipend
                                21   eligibility, amount, duration or renewal.     For the purposes of
                                22   this section, a grant-in-aid or stipend shall not be revoked or
                                23   reduced as a result of a student athlete earning compensation
                                24   pursuant to this section.
                                25  C.   A third party shall not offer a student athlete
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                                1    a contract to provide compensation to the student athlete for
                                2    use of the student athlete's name, image, likeness or athletic
                                3    reputation that requires a student athlete to advertise for the
                                4    sponsor in person during official, mandatory team activities
                                5    without the approval of the student athlete's post-secondary
                                6    educational institution."
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