(Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT S.B. 293 - *SB293_R1* SENATE BILL NO. 293–SENATOR LANGE MARCH 6, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to intercollegiate athletics. (BDR 34-1088) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to education; revising provisions relating to the compensation of student athletes for use of their name, image or likeness; revising provisions relating to contracts for compensation for the use of the name, image or likeness of student athletes; making confidential certain information and contracts relating to the compensation of student athletes for the use of their name, image or likeness; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a public or private institution that offers educational 1 services beyond the secondary level from: (1) upholding or enforcing certain rules 2 that prevent student athletes from being compensated for the use of the name, 3 image or likeness of the student athlete by an organization other than the institution 4 or a national collegiate association; (2) compensating a current student athlete of 5 the institution for the use of the name, image or likeness of the student athlete; or 6 (3) altering, withholding or otherwise reducing the amount of a scholarship 7 awarded to a student athlete because the student athlete is compensated for the use 8 of the name, image or likeness of the student athlete by an organization other than 9 the institution or a national collegiate athletic association. (NRS 398.045, 398.300) 10 Section 1 of this bill eliminates these prohibitions. 11 Existing law authorizes a student athlete to enter into a contract with an 12 organization other than an institution or a national collegiate athletic association 13 that provides for the student athlete to be compensated for the use of the name, 14 image or likeness of the student athlete. (NRS 398.310) Section 2 of this bill 15 authorizes a student athlete to enter into such a contract with an institution or a 16 national collegiate athletic association. Section 2 also provides that any gift, 17 donation, bequest, grant or other source of money received by a university 18 foundation which is specifically designated for supporting any aspect of the name, 19 – 2 – - *SB293_R1* image or likeness of a student athlete must only be used for the purpose specified 20 by the donor. Sections 2 and 2.5 of this bill provide that such contracts entered into 21 by a student athlete and materials relating to such contracts are confidential and are 22 not public records. 23 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 398.300 is hereby amended to read as follows: 1 398.300 1. An institution shall not: 2 (a) Uphold or enforce any rule of a national collegiate athletic 3 association that prevents a student athlete enrolled in the institution 4 from being compensated for the use of the name, image or likeness 5 of the student athlete by an organization , [other than] the institution 6 or a national collegiate athletic association; 7 (b) Except as otherwise provided by subsection 2, prevent a 8 student athlete from being compensated for the use of the name, 9 image or likeness of the student athlete; 10 (c) Compensate a prospective [or current] student athlete of the 11 institution for the use of the name, image or likeness of the student 12 athlete; 13 (d) Prevent a student athlete from obtaining professional 14 services; or 15 (e) Alter, withhold or otherwise reduce the amount of a 16 scholarship awarded to a student athlete solely because a student 17 athlete is compensated for the use of the name, image or likeness of 18 the student athlete by an organization , [other than] the institution or 19 a national collegiate athletic association or because the student 20 athlete obtains professional services. 21 2. An institution may: 22 (a) Adopt a policy that imposes reasonable restrictions on a 23 student athlete entering into a contract pursuant to NRS 398.310 that 24 provides for the student athlete to be compensated for the use of the 25 name, image or likeness of the student athlete with an organization 26 or person whose goods, services or mission are contrary to the 27 mission of the institution; and 28 (b) Prohibit a student athlete from being compensated for the 29 use of the name, image or likeness of the student athlete if the use of 30 the name, image or likeness is related to official activities of the 31 institution or intercollegiate sports at the institution. 32 3. A national collegiate athletic association shall not: 33 (a) Prevent a student athlete enrolled at an institution from 34 participating in intercollegiate sports solely because the student 35 athlete is compensated for the use of the name, image or likeness of 36 – 3 – - *SB293_R1* the student athlete by an organization , [other than] the institution or 1 the national collegiate athletic association; 2 (b) Prevent an institution from being a member of or 3 participating in the activities of the national collegiate athletic 4 association solely because a student athlete who is enrolled at the 5 institution is compensated for the use of the name, image or likeness 6 of the student athlete by an organization , [other than] the institution 7 or the national collegiate athletic association; 8 (c) Compensate a prospective [or current] student athlete of an 9 institution for the use of the name, image or likeness of the student 10 athlete; or 11 (d) Prevent a student athlete from obtaining professional 12 services. 13 4. As used in this section, “professional services” includes, 14 without limitation, representation regarding contracts or other legal 15 matters, including, without limitation, representation provided by an 16 attorney or an athlete agent registered pursuant to chapter 398A of 17 NRS. 18 Sec. 2. NRS 398.310 is hereby amended to read as follows: 19 398.310 1. A student athlete may enter into a contract with an 20 organization , [other than] an institution or a national collegiate 21 athletic association that provides for the student athlete to be 22 compensated for the use of the name, image or likeness of the 23 student athlete. A contract entered into pursuant to this subsection 24 may not conflict with any provision of a contract between the 25 student athlete and the institution in which the student athlete is 26 enrolled. 27 2. A student athlete who enters into a contract pursuant to 28 subsection 1 must disclose the contract to the institution in which 29 the student athlete is enrolled. 30 3. If the institution in which the student athlete is enrolled 31 alleges that a provision of a contract entered into pursuant to 32 subsection 1 conflicts with a provision of a contract between the 33 student athlete and the institution, the institution shall inform the 34 student athlete and, if the student athlete has legal representation, 35 the attorney of the student athlete of the alleged conflict. 36 4. The following records are confidential and are not public 37 records pursuant to NRS 239.010: 38 (a) A contract entered into by a student athlete with an 39 institution pursuant to subsection 1; 40 (b) A contract disclosed by a student athlete to an institution 41 pursuant to subsection 2; and 42 (c) Any communications and materials relating to a contract: 43 (1) Entered into by a student athlete with an institution 44 pursuant to subsection 1; and 45 – 4 – - *SB293_R1* (2) Disclosed by a student athlete to an institution pursuant 1 to subsection 2. 2 5. Any gift, donation, bequest, grant or other source of money 3 received by a university foundation which is specifically 4 designated for supporting any aspect of the name, image or 5 likeness of a student athlete must only be used for the purpose 6 specified by the donor, within the scope of the powers and duties 7 of the university foundation. 8 6. As used in this section, “university foundation” has the 9 meaning ascribed to it in NRS 396.405. 10 Sec. 2.5. NRS 239.010 is hereby amended to read as follows: 11 239.010 1. Except as otherwise provided in this section and 12 NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 13 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 14 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 15 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 16 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 17 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 18 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 19 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 20 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 21 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 22 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 23 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 24 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 25 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 26 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 27 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 28 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 29 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 30 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 31 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 32 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 33 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 34 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 35 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 36 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 37 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 38 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 39 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 40 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 41 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 42 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 43 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 44 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 45 – 5 – - *SB293_R1* 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 1 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 2 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 3 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 4 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 5 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 6 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 7 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 8 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398.310, 9 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 10 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 11 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 12 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 13 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 14 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 15 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 16 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 17 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 18 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 19 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 20 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 21 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 22 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 23 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 24 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 25 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 26 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 27 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 28 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 29 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 30 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 31 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 32 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 33 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 34 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 35 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 36 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 37 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 38 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 39 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 40 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 41 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 42 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 43 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 44 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 45 – 6 – - *SB293_R1* 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 1 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 2 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 3 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 4 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 5 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 6 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 7 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 8 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 9 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 10 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 11 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 12 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 13 unless otherwise declared by law to be confidential, all public books 14 and public records of a governmental entity must be open at all 15 times during office hours to inspection by any person, and may be 16 fully copied or an abstract or memorandum may be prepared from 17 those public books and public records. Any such copies, abstracts or 18 memoranda may be used to supply the general public with copies, 19 abstracts or memoranda of the records or may be used in any other 20 way to the advantage of the governmental entity or of the general 21 public. This section does not supersede or in any manner affect the 22 federal laws governing copyrights or enlarge, diminish or affect in 23 any other manner the rights of a person in any written book or 24 record which is copyrighted pursuant to federal law. 25 2. A governmental entity may not reject a book or record 26 which is copyrighted solely because it is copyrighted. 27 3. A governmental entity that has legal custody or control of a 28 public book or record shall not deny a request made pursuant to 29 subsection 1 to inspect or copy or receive a copy of a public book or 30 record on the basis that the requested public book or record contains 31 information that is confidential if the governmental entity can 32 redact, delete, conceal or separate, including, without limitation, 33 electronically, the confidential information from the information 34 included in the public book or record that is not otherwise 35 confidential. 36 4. If requested, a governmental entity shall provide a copy of a 37 public record in an electronic format by means of an electronic 38 medium. Nothing in this subsection requires a governmental entity 39 to provide a copy of a public record in an electronic format or by 40 means of an electronic medium if: 41 (a) The public record: 42 (1) Was not created or prepared in an electronic format; and 43 (2) Is not available in an electronic format; or 44 – 7 – - *SB293_R1* (b) Providing the public record in an electronic format or by 1 means of an electronic medium would: 2 (1) Give access to proprietary software; or 3 (2) Require the production of information that is confidential 4 and that cannot be redacted, deleted, concealed or separated from 5 information that is not otherwise confidential. 6 5. An officer, employee or agent of a governmental entity who 7 has legal custody or control of a public record: 8 (a) Shall not refuse to provide a copy of that public record in the 9 medium that is requested because the officer, employee or agent has 10 already prepared or would prefer to provide the copy in a different 11 medium. 12 (b) Except as otherwise provided in NRS 239.030, shall, upon 13 request, prepare the copy of the public record and shall not require 14 the person who has requested the copy to prepare the copy himself 15 or herself. 16 Sec. 3. This act becomes effective on July 1, 2025. 17 H