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S. 4668IntroducedSenateHouse · nowPresidentLawIn the House
Sec. 121 · S. 4668

Relationship to existing law

Title I — Protections of student athletes and fair competition

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The wording changed from Committee version to Passed the Senate. Removed words are struck through; added words are underlined.

How the text changed

Committee version → Passed the Senate · Sec. 121

(a) In general No State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, requirement, or standard that— (1) conflicts with any provision of this title that would prevent compliance with this title; or (2) governs, regulates, or invalidates policies or rules of an institution, a conference, or an intercollegiate athletic association that regulates— (A) the compensation to a student athlete or prospective student athlete for the use of their name, image, or likeness, except as necessary to comply with this title; (B) transfers of student athletes between institutions; or (C) any provision described in subsection (a)(1)-(3) or (b) of section 113 relating to the eligibility of a student athlete to participate in intercollegiate athletics. (b) Preservation of State state laws The following State laws, rules, regulations, or requirements, or common law rights or remedies shall not be preempted, displaced, or supplanted except supplanted: (1) Except to the extent that such law law, rule, regulation, requirement, or common law right or remedy conflicts with subsection (a): (1) (a), the following: (A) Uniform Athlete Agent Acts. (2) (B) Civil rights laws. (3) (C) Tort law, unless otherwise specified in paragraph (2). (D) Criminal law, unless otherwise specified in paragraph (2). (E) Laws that relate to privacy or data breach. (F) Contract law. (4) Criminal (G) Trademark law. (5) Any (H) Copyright law. (I) Consumer protection law, unless otherwise specified in paragraph (2). (2) Except to the extent that such law, rule, regulation, or requirement, or common law right or remedy conflicts with subsection (a)(2), any law, rule, regulation, or requirement, or common law right or remedy, whether statutory or common law, that gives rise to a cause of action for personal the following: (A) Personal injury, wrongful death, property damage, including psychological injury. (B) Wrongful death. (C) Property damage. (D) Sexual assault. (E) Harassment. (F) Fraud. (G) Injury resulting from abuse or hazing of a student athlete, including physical or sexual assault, injury, or harassment, or other financial, physical, reputational, or psychological injury based in negligence, strict liability, products liability, or failure to warn. (6) Laws that relate to abuse. (H) Injury resulting from deficient student or campus safety. (7) Fraud. (8) Privacy safety measures. (I) Injury resulting from a failure to provide greater protections to student athletes than those provided by the health, wellness, and safety standards under subsections (a)(1)-(4) or data breach. (9) Contract law. (10) Trademark law. (11) Copyright law. (12) Consumer protection law. (b)(1)-(2) of section 107. (J) Any related cause of action that is derivative of any of subparagraphs (A) through (I). (c) Rules Rule of construction (1) Antitrust laws To the extent liability for violations of the antitrust laws is not limited by this title, subsection (a) shall not be construed to preempt, displace, or supplant the antitrust laws. (2) Federal trademark and copyright law Nothing in this title or the amendments made by this title may be construed to override, modify, or amend the applicability of Federal trademark or copyright law.laws.

•S 4668 ESSEC. 121

added wordsremoved wordsComparison computed by Public Law Tracker from the official text