To modify the provision relating to the relationship of this Act to existing law.

Ms. Baldwin submitted the amendment numbered SA 6828, which aims to strike section 121 of the bill and replace it with new provisions concerning the relationship between the title and existing law.

Purpose and Changes

• The amendment stops any State or political subdivision from using laws, regulations, rules, requirements, or standards that conflict with the title in a way that prevents compliance.

• It blocks States from governing, regulating, or invalidating the policies or rules of an institution, conference, or intercollegiate athletic association that regulate student athlete compensation for name, image, and likeness, student athlete transfers, and eligibility to participate in intercollegiate athletics.

• It preserves certain State laws and common law rights or remedies from being preempted, displaced, or supplanted, such as Uniform Athlete Agent Acts, civil rights laws, tort law, criminal law, privacy or data breach laws, contract law, trademark law, copyright law, and consumer protection law, provided they do not conflict with subsection (a).

• It also preserves State laws and common law rights or remedies that give rise to a cause of action for personal injury, wrongful death, property damage, sexual assault, harassment, fraud, abuse or hazing injuries, deficient campus safety measures, failures to provide greater protections than specific health, wellness, and safety standards, and related derivative causes of action, provided they do not conflict with subsection (a)(2).

• It establishes a rule of construction stating that antitrust laws are not preempted, displaced, or supplanted to the extent that liability for antitrust violations is not limited by the title.