Colorado 2025 Regular Session

Colorado House Bill HB1041 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0665.01 Jacob Baus x2173
1	8		HOUSE BILL 25-1041
2		-	~~BY REPRESENTATIVE(S) Smith,~~ ~~Bird, Duran, McCormick, Valdez, Zokaie;~~
3		-	~~also SENATOR(S) Coleman and Amabile, Snyder~~
4		-	.
	9	+	House Committees Senate Committees
	10	+	Education Education
	11	+	A BILL FOR AN ACT
5	12		C
6		-	ONCERNING MEASURES TO SUPPORT A STUDENT ATHLETE IN THE USE OF
7		-	THEIR NAME
8		-	, IMAGE, OR LIKENESS.
9		-
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. In Colorado Revised Statutes, 23-16-301, amend
12		-	(1)(g), (2)(a), and (2)(c); repeal (1)(f) and (3); and add (2)(c.5) and (7) as
13		-	follows:
14		-	23-16-301. Compensation and representation of student athletes
15		-	- prohibited acts - contracts - report - definitions. (1) As used in this part
16		-	3, unless the context otherwise requires:
17		-	(f) "Student" means an individual who is enrolled at an institution.
18		-	(g) "Student athlete" means a student who competes in
19		-	intercollegiate athletics for an institution at which the student is enrolled AN
20		-	INDIVIDUAL WHO ENGAGES IN OR IS ELIGIBLE TO ENGAGE IN AN
21		-	INTERCOLLEGIATE SPORT FOR AN INSTITUTION
22		-	. "STUDENT ATHLETE" DOES
23		-	________
24		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
25		-	through words or numbers indicate deletions from existing law and such material is not part of
26		-	the act. NOT MEAN AN INDIVIDUAL WHO ENGAGES IN A HIGH SCHOOL SPORT .
27		-	(2) (a) Except as may be required by the rules or requirements of an
28		-	athletic association of which an institution is a member, an institution shall
29		-	not uphold any rule, requirement, standard, or other limitation that prevents
30		-	a student athlete of the institution
31		-	from earning compensation from the use
32		-	of the student athlete's name, image, or likeness. A student athlete's earning
33		-	of such compensation does not affect the student athlete's scholarship
34		-	eligibility.
35		-	(c) Neither an institution nor an athletic association shall:
36		-	(I) Provide compensation to a current or prospective student athlete;
37		-	(II) Provide remuneration to a prospective student athlete for the
38		-	prospective student athlete's athletic ability or performance or potential
39		-	athletic ability or performance; or
40		-	(III) Prevent a student athlete from obtaining professional
41		-	representation in relation to contracts or legal matters, including
42		-	representation provided by an athlete advisor and legal representation
43		-	provided by an attorney. AN INSTITUTION OR A COLLEGIATE ATHLETIC
44		-	ASSOCIATION SHALL NOT PREVENT A STUDENT ATHLETE FROM OBTAINING
45		-	PROFESSIONAL REPRESENTATION IN RELATION TO CONTRACTS OR LEGAL
46		-	MATTERS
47		-	, INCLUDING REPRESENTATION PROVIDED BY AN ATHLETE ADVISOR
48		-	AND LEGAL REPRESENTATION PROVIDED BY AN ATTORNEY
49		-	. AN INDIVIDUAL
50		-	WHO IS UNDER EIGHTEEN YEARS OF AGE MUST BE REPRESENTED IN ANY
51		-	NEGOTIATION BY A PARENT OR GUARDIAN
52		-	. THE INDIVIDUAL AND THEIR
53		-	PARENT OR GUARDIAN MAY ALSO BE REPRESENTED BY AN ATTORNEY OR
54		-	OTHER COMPETENT REPRESENTATIVE
55		-	.
	13	+	ONCERNING MEASURES TO SUPPORT A STUDENT ATHLETE IN THE USE101
	14	+	OF THEIR NAME, IMAGE, OR LIKENESS.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Under current law, there are requirements of an athletic
	23	+	association, an institution of higher education, and a student athlete
	24	+	regarding a student athlete's compensation for their name, image, or
	25	+	likeness. The bill extends these requirements to an individual who is
	26	+	eligible to engage in or may be eligible in the future to engage in any
	27	+	intercollegiate sport.
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 14, 2025
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	March 13, 2025
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 18, 2025
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	February 14, 2025
	40	+	HOUSE SPONSORSHIP
	41	+	Smith, Bird, Duran, McCormick, Valdez, Zokaie
	42	+	SENATE SPONSORSHIP
	43	+	Coleman and Amabile, Snyder
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. The bill allows an institution of higher education or athletic
	47	+	association to compensate a student athlete for the use of the student
	48	+	athlete's name, image, or likeness.
	49	+	Under current law, a student athlete is prohibited from entering
	50	+	into a contract if it conflicts with a team contract. The bill repeals this
	51	+	prohibition and related provisions.
	52	+	Under the "Colorado Open Records Act", the bill exempts from the
	53	+	public right of inspection an agreement or contract concerning a student
	54	+	athlete's name, image, or likeness, or any communication or material
	55	+	related to an agreement or a contract concerning a student athlete's name,
	56	+	image, or likeness.
	57	+	Be it enacted by the General Assembly of the State of Colorado:1
	58	+	SECTION 1. In Colorado Revised Statutes, 23-16-301, amend2
	59	+	(1)(g), (2)(a), and (2)(c); repeal (1)(f) and (3); and add (2)(c.5)
	60	+	and (7)3
	61	+	as follows:4
	62	+	23-16-301. Compensation and representation of student5
	63	+	athletes - prohibited acts - contracts - report - definitions. (1) As used6
	64	+	in this part 3, unless the context otherwise requires:7
	65	+	(f) "Student" means an individual who is enrolled at an institution.8
	66	+	(g) "Student athlete" means a student who competes in9
	67	+	intercollegiate athletics for an institution at which the student is enrolled10
	68	+	AN INDIVIDUAL WHO ENGAGES IN OR IS ELIGIBLE TO ENGAGE IN AN11
	69	+	INTERCOLLEGIATE SPORT FOR AN INSTITUTION. "STUDENT ATHLETE" DOES12
	70	+	NOT MEAN AN INDIVIDUAL WHO ENGAGES IN A HIGH SCHOOL SPORT .13
	71	+	(2) (a) Except as may be required by the rules or requirements of14
	72	+	an athletic association of which an institution is a member, an institution15
	73	+	shall not uphold any rule, requirement, standard, or other limitation that16
	74	+	prevents a student athlete of the institution from earning compensation17
	75	+	from the use of the student athlete's name, image, or likeness. A student18
	76	+	athlete's earning of such compensation does not affect the student athlete's19
	77	+	1041-2- scholarship eligibility.1
	78	+	(c) Neither an institution nor an athletic association shall:2
	79	+	(I) Provide compensation to a current or prospective student3
	80	+	athlete;4
	81	+	(II) Provide remuneration to a prospective student athlete for the5
	82	+	prospective student athlete's athletic ability or performance or potential6
	83	+	athletic ability or performance; or7
	84	+	(III) Prevent a student athlete from obtaining professional8
	85	+	representation in relation to contracts or legal matters, including9
	86	+	representation provided by an athlete advisor and legal representation10
	87	+	provided by an attorney. AN INSTITUTION OR A COLLEGIATE ATHLETIC11
	88	+	ASSOCIATION SHALL NOT PREVENT A STUDENT ATHLETE FROM OBTAINING12
	89	+	PROFESSIONAL REPRESENTATION IN RELATION TO CONTRACTS OR LEGAL13
	90	+	MATTERS, INCLUDING REPRESENTATION PROVIDED BY AN ATHLETE14
	91	+	ADVISOR AND LEGAL REPRESENTATION PROVIDED BY AN ATTORNEY . AN15
	92	+	INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE MUST BE16
	93	+	REPRESENTED IN ANY NEGOTIATION BY A PARENT OR GUARDIAN . THE17
	94	+	INDIVIDUAL AND THEIR PARENT OR GUARDIAN MAY ALSO BE REPRESENTED18
	95	+	BY AN ATTORNEY OR OTHER COMPETENT REPRESENTATIVE .19
56	96		(c.5) A
57		-	N INSTITUTION OR A COLLEGIATE ATHLETIC ASSOCIATION MAY
58		-	PROVIDE COMPENSATION TO A STUDENT ATHLETE FOR THE USE OF THE
59		-	STUDENT ATHLETE
60		-	'S NAME, IMAGE, OR LIKENESS.
61		-	(3) (a) A student athlete shall not enter into a contract providing
62		-	compensation to the student athlete if the contract conflicts with a team
63		-	contract of the team for which the student athlete competes.
64		-	(b) A student athlete who enters into a contract providing
65		-	PAGE 2-HOUSE BILL 25-1041 compensation to the student athlete in exchange for the use of the student
66		-	athlete's name, image, or likeness shall disclose the contract to the athletic
67		-	director of the student athlete's institution within seventy-two hours after the
68		-	student athlete enters into the contract or before the next scheduled athletic
69		-	event in which the student athlete may participate, whichever occurs first,
70		-	as supported by the institution's policy.
71		-	(c) An institution asserting a conflict described in subsection (3)(a)
72		-	of this section shall disclose to the student athlete or to the student athlete's
73		-	professional or legal representation the relevant contractual provisions that
74		-	are in conflict.
75		-	(d) A team contract of an institution's athletic program entered into,
76		-	modified, or renewed on or after January 1, 2023, may not prohibit a student
77		-	athlete from using the student athlete's name, image, or likeness for a
78		-	commercial purpose when the student athlete is not engaged in official team
79		-	activities.
80		-	(7) (a) ON OR BEFORE JANUARY 15, 2026, AND ON OR BEFORE EACH
81		-	JANUARY 15 THEREAFTER, EACH INSTITUTION SHALL SUBMIT TO THE
82		-	DEPARTMENT OF HIGHER EDUCATION A COPY OF THE ANNUAL REPORT THAT
83		-	EACH INSTITUTION IS REQUIRED TO ANNUALLY SUBMIT TO THE
84		-	ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS
85		-	,
86		-	CONSISTENT WITH THE REPORTING REQUIREMENTS ADOPTED BY THE
87		-	ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS
88		-	. THE
89		-	DATA IN THE REPORT INCLUDES GENDER
90		-	- AND SPORT-BASED SPENDING IN
91		-	AREAS INCLUDING BUDGETS
92		-	, SALARIES, PARTICIPATION, FINANCIAL AID, AND,
93		-	IF OR WHEN REQUIRED, REVENUE SHARING PAYMENTS .
94		-	(b) T
95		-	HE DEPARTMENT OF HIGHER EDUCATION SHALL PUBLISH AND
96		-	MAINTAIN THE REPORTS THAT IT RECEIVES PURSUANT TO THIS SUBSECTION
97		-	(7) ON ITS PUBLIC WEBSITE.
98		-	SECTION 2. In Colorado Revised Statutes, 24-72-204, add
99		-	(3)(a)(XXV) as follows:
100		-	24-72-204. Allowance or denial of inspection - grounds -
101		-	procedure - appeal - definitions - repeal. (3) (a) The custodian shall deny
102		-	the right of inspection of the following records, unless otherwise provided
103		-	by law; except that the custodian shall make any of the following records,
104		-	PAGE 3-HOUSE BILL 25-1041 other than letters of reference concerning employment, licensing, or
105		-	issuance of permits, available to the person in interest in accordance with
106		-	this subsection (3):
107		-	(XXV) (A) P
108		-	ERSONALLY IDENTIFIABLE INFORMATION THAT IS
109		-	CONTAINED WITHIN AN AGREEMENT OR A CONTRACT CONCERNING A
110		-	STUDENT ATHLETE
111		-	'S OR A PROSPECTIVE STUDENT ATHLETE'S NAME, IMAGE,
112		-	OR LIKENESS, OR ANY COMMUNICATION OR MATERIAL RELATED TO AN
113		-	AGREEMENT OR A CONTRACT CONCERNING A STUDENT ATHLETE
114		-	'S OR A
115		-	PROSPECTIVE STUDENT ATHLETE
116		-	'S NAME, IMAGE, OR LIKENESS.
117		-	(B) A
118		-	S USED IN THIS SUBSECTION (3)(a)(XXV), "PERSONALLY
119		-	IDENTIFIABLE INFORMATION
120		-	" MEANS INFORMATION THAT COULD
121		-	REASONABLY BE USED TO IDENTIFY AN INDIVIDUAL
122		-	, INCLUDING FIRST AND
123		-	LAST NAME
124		-	; RESIDENCE OR OTHER PHYSICAL ADDRESS ; EMAIL ADDRESS;
125		-	TELEPHONE NUMBER ; BIRTH DATE; LICENSE FEE PAID TO THE STUDENT
126		-	ATHLETE OR PROSPECTIVE STUDENT ATHLETE FOR THE USE OF THEIR NAME
127		-	,
128		-	IMAGE, OR LIKENESS; CREDIT CARD INFORMATION ; OR SOCIAL SECURITY
129		-	NUMBER
130		-	.
131		-	(C) A
132		-	S USED IN THIS SUBSECTION (3)(a)(XXV), "STUDENT ATHLETE"
133		-	HAS THE SAME MEANING AS SET FORTH IN SECTION 23-16-301.
134		-	SECTION 3. Safety clause. The general assembly finds,
135		-	determines, and declares that this act is necessary for the immediate
136		-	preservation of the public peace, health, or safety or for appropriations for
137		-	PAGE 4-HOUSE BILL 25-1041 the support and maintenance of the departments of the state and state
138		-	institutions.
139		-	____________________________ ____________________________
140		-	Julie McCluskie James Rashad Coleman, Sr.
141		-	SPEAKER OF THE HOUSE PRESIDENT OF
142		-	OF REPRESENTATIVES THE SENATE
143		-	____________________________ ____________________________
144		-	Vanessa Reilly Esther van Mourik
145		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
146		-	OF REPRESENTATIVES THE SENATE
147		-	APPROVED________________________________________
148		-	(Date and Time)
149		-	_________________________________________
150		-	Jared S. Polis
151		-	GOVERNOR OF THE STATE OF COLORADO
152		-	PAGE 5-HOUSE BILL 25-1041
	97	+	N INSTITUTION OR
	98	+	A COLLEGIATE ATHLETIC ASSOCIATION20
	99	+	MAY PROVIDE COMPENSATION TO A STUDENT ATHLETE FOR THE USE OF21
	100	+	THE STUDENT ATHLETE'S NAME, IMAGE, OR LIKENESS.22
	101	+	(3) (a) A student athlete shall not enter into a contract providing23
	102	+	compensation to the student athlete if the contract conflicts with a team24
	103	+	contract of the team for which the student athlete competes.25
	104	+	(b) A student athlete who enters into a contract providing26
	105	+	compensation to the student athlete in exchange for the use of the student27
	106	+	1041
	107	+	-3- athlete's name, image, or likeness shall disclose the contract to the athletic1
	108	+	director of the student athlete's institution within seventy-two hours after2
	109	+	the student athlete enters into the contract or before the next scheduled3
	110	+	athletic event in which the student athlete may participate, whichever4
	111	+	occurs first, as supported by the institution's policy.5
	112	+	(c) An institution asserting a conflict described in subsection6
	113	+	(3)(a) of this section shall disclose to the student athlete or to the student7
	114	+	athlete's professional or legal representation the relevant contractual8
	115	+	provisions that are in conflict.9
	116	+	(d) A team contract of an institution's athletic program entered10
	117	+	into, modified, or renewed on or after January 1, 2023, may not prohibit11
	118	+	a student athlete from using the student athlete's name, image, or likeness12
	119	+	for a commercial purpose when the student athlete is not engaged in13
	120	+	official team activities.14
	121	+	(7) (a) ON OR BEFORE JANUARY 15, 2026, AND ON OR BEFORE15
	122	+	EACH JANUARY 15 THEREAFTER, EACH INSTITUTION SHALL SUBMIT TO THE16
	123	+	DEPARTMENT OF HIGHER EDUCATION A COPY OF THE ANNUAL REPORT17
	124	+	THAT EACH INSTITUTION IS REQUIRED TO ANNUALLY SUBMIT TO THE18
	125	+	ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS,19
	126	+	CONSISTENT WITH THE REPORTING REQUIREMENTS ADOPTED BY THE20
	127	+	ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS . THE21
	128	+	DATA IN THE REPORT INCLUDES GENDER- AND SPORT-BASED SPENDING IN22
	129	+	AREAS INCLUDING BUDGETS, SALARIES, PARTICIPATION, FINANCIAL AID,23
	130	+	AND, IF OR WHEN REQUIRED, REVENUE SHARING PAYMENTS .24
	131	+	(b) THE DEPARTMENT OF HIGHER EDUCATION SHALL PUBLISH AND25
	132	+	MAINTAIN THE REPORTS THAT IT RECEIVES PURSUANT TO THIS SUBSECTION26
	133	+	(7) ON ITS PUBLIC WEBSITE.27
	134	+	1041
	135	+	-4- SECTION 2. In Colorado Revised Statutes, 24-72-204, add1
	136	+	(3)(a)(XXIV) as follows:2
	137	+	24-72-204. Allowance or denial of inspection - grounds -3
	138	+	procedure - appeal - definitions - repeal. (3) (a) The custodian shall4
	139	+	deny the right of inspection of the following records, unless otherwise5
	140	+	provided by law; except that the custodian shall make any of the6
	141	+	following records, other than letters of reference concerning employment,7
	142	+	licensing, or issuance of permits, available to the person in interest in8
	143	+	accordance with this subsection (3):9
	144	+	(XXIV) (A) PERSONALLY IDENTIFIABLE INFORMATION THAT IS10
	145	+	CONTAINED WITHIN AN AGREEMENT OR A CONTRACT CONCERNING A11
	146	+	STUDENT ATHLETE'S OR A PROSPECTIVE STUDENT ATHLETE'S NAME, IMAGE,12
	147	+	OR LIKENESS, OR ANY COMMUNICATION OR MATERIAL RELATED TO AN13
	148	+	AGREEMENT OR A CONTRACT CONCERNING A STUDENT ATHLETE 'S OR A14
	149	+	PROSPECTIVE STUDENT ATHLETE 'S NAME, IMAGE, OR LIKENESS.15
	150	+	(B) AS USED IN THIS SUBSECTION (3)(a)(XXIV), "PERSONALLY16
	151	+	IDENTIFIABLE INFORMATION" MEANS INFORMATION THAT COULD17
	152	+	REASONABLY BE USED TO IDENTIFY AN INDIVIDUAL, INCLUDING FIRST AND18
	153	+	LAST NAME; RESIDENCE OR OTHER PHYSICAL ADDRESS; EMAIL ADDRESS;19
	154	+	TELEPHONE NUMBER; BIRTH DATE; LICENSE FEE PAID TO THE STUDENT20
	155	+	ATHLETE OR PROSPECTIVE STUDENT ATHL ETE FOR THE USE OF THEIR21
	156	+	NAME, IMAGE, OR LIKENESS; CREDIT CARD INFORMATION; OR SOCIAL22
	157	+	SECURITY NUMBER.23
	158	+	(C) AS USED IN THIS SUBSECTION (3)(a)(XXIV), "STUDENT24
	159	+	ATHLETE" HAS THE SAME MEANING AS SET FORTH IN SECTION 23-16-301.25
	160	+	SECTION 3. Safety clause. The general assembly finds,26
	161	+	determines, and declares that this act is necessary for the immediate27
	162	+	1041
	163	+	-5- preservation of the public peace, health, or safety or for appropriations for1
	164	+	the support and maintenance of the departments of the state and state2
	165	+	institutions.3
	166	+	1041
	167	+	-6-