UNOFFICIAL COPY 24 RS SB 285/GA
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SB028510.100 - 2332 - XXXX 3/22/2024 11:31 AM GA
AN ACT relating to name, image, and likeness activities of intercollegiate student-1
athletes and declaring an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 164.6945 is amended to read as follows: 4
(1) A student-athlete may receive compensation for the use of the athlete's name, 5
image, or likeness through a name, image, and likeness agreement with a third 6
party. Such compensation shall be consistent with prevailing market rate of the 7
authorized use of the athlete's name, image, or likeness. 8
(2) (a) A person or entity shall not give or promise compensation for the use of the 9
name, image, or likeness of a current or prospective student-athlete to recruit 10
or induce the athlete to enroll at any Kentucky institution. 11
(b) A person or entity, regardless of residence, shall not give or promise 12
compensation for the use of the name, image, or likeness of a student-athlete 13
enrolled at a Kentucky institution or of a prospective student-athlete who has 14
entered into an enrollment contract with a Kentucky institution with the 15
purpose of recruiting or inducing the student-athlete to enroll at another 16
postsecondary educational institution, regardless of the institution's location. 17
(3) An institution, association, or affiliated organization shall not: 18
(a) Give or promise compensation for the use of an athlete's name, image, or 19
likeness; 20
(b) Direct compensation to be given for the use of the athlete's name, image or 21
likeness; or 22
(c) Negotiate any part of an NIL agreement on behalf of a prospective student-23
athlete. 24
(4) A student-athlete shall not enter into an NIL agreement to receive compensation 25
from a third party relating to the endorsement or promotion of: 26
(a) Sports betting; 27 UNOFFICIAL COPY 24 RS SB 285/GA
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SB028510.100 - 2332 - XXXX 3/22/2024 11:31 AM GA
(b) A controlled substance; 1
(c) A substance the student-athlete's intercollegiate athletic association forbids 2
the athlete from using; 3
(d) Adult entertainment; or 4
(e) Products or services that would be illegal for the student-athlete to possess or 5
receive. 6
(5) The provisions of subsections (2) and (3) of this section shall apply to NIL 7
agreement activities only to the extent that an intercollegiate athletic association 8
may lawfully regulate or restrict a student-athlete's agreements to receive 9
compensation in exchange for his or her name, image, or likeness in a manner 10
identical or substantially similar to that set forth in subsection (2) and (3) of this 11
section, including as currently or may be in the future modified by a court of 12
competent jurisdiction, and the intercollegiate athletic association chooses to do 13
so. 14
Section 2. Whereas student-athletes have pressing new name, image, and 15
likeness opportunities available, an emergency is declared to exist, and this Act takes 16
effect upon its passage and approval by the Governor or upon its otherwise becoming a 17
law. 18