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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1994 By: Caldwell (Trey)
AS INTRODUCED
An Act relating to student athletes; prohibiting
certain entities from preventing student athletes
from receiving compensation for use of the student's
name, image or likeness; prohibiting certain other
acts relating to compensation of student athletes for
the use of the student's name, image or likeness;
providing requirements for professional
representation of student athletes; declaring that
scholarships are not compensation; providing
limitations on contracts; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 823 of Title 70, unless there is
created a duplication in numbering, reads as follows:
A. An institution within The Oklahoma State System of Higher
Education or a private educational institution, as d efined by
Section 3102 of Title 70 of the Oklahoma Statutes, shall not uphold
any rule, requirement, standard or other limitation that prevents a
student of that institution who is participating in intercollegiate
athletics from earning compensation as a r esult of the use of the
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student's name, image or likeness. Earning compensation from the
use of a student's name, image or likeness shall not affect the
student's scholarship eligibility.
B. An athletic association, conference or other group or
organization with authority over intercollegiate athletics,
including, but not limited to, the National Collegiate Athletic
Association, shall not prevent:
1. A student of an institution within The Oklahoma State System
of Higher Education or private educational i nstitution who is
participating in intercollegiate athletics from earning compensation
as a result of the use of the student's name, image or likeness; or
2. An institution within The Oklahoma State System of Higher
Education or private educational instit ution from participating in
intercollegiate athletics as a result of the compensation of a
student athlete for the use of the student's name, image or
likeness.
C. An institution within The Oklahoma State System of Higher
Education, private educational in stitution, athletic association,
conference or other group or organization with authority over
intercollegiate athletics shall not:
1. Provide a prospective student athlete with compensation in
relation to the athlete's name, image or likeness; or
2. Prevent a student participating in intercollegiate athletics
from obtaining professional representation in relation to contracts
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or legal matters, including, but not limited to, representation
provided by athlete agents or legal representation provided by
attorneys.
D. Professional representation provided by athlete agents shall
be by persons licensed pursuant to the Uniform Athlete Agents Act or
superseding law. Athlete agents representing student athletes also
shall comply with the federal Sports Agent Res ponsibility and Trust
Act, established in Chapter 104, Section 7801 et seq. of Title 15 of
the United States Code, in their relationships with student
athletes.
E. Legal representation of student athletes shall be by
attorneys licensed to practice law in this state.
F. A scholarship from an institution within The Oklahoma State
System of Higher Education or private educational institution in
which a student is enrolled that provides the student with the cost
of attendance at that institution is not compen sation for purposes
of this section, and a scholarship shall not be revoked as a result
of earning compensation or obtaining legal representation pursuant
to this section.
G. 1. A student athlete shall not enter into a contract
providing compensation to the athlete for use of the athlete's name,
image or likeness if a provision of the contract is in conflict with
a provision of the athlete's team contract.
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2. A student athlete who enters into a contract providing
compensation to the athlete for use of th e athlete's name, image or
likeness shall disclose the contract to an official of the
institution of higher education in which the athlete is enrolled, to
be designated by the institution.
3. An institution asserting a conflict described in paragraph 1
of this subsection shall disclose to the athlete or the athlete's
agent or legal representation the relevant contractual provisions
that are in conflict.
H. Any athletic program team contract of an institution within
The Oklahoma State System of Higher Educ ation or private educational
institution entered into, modified or renewed on or after January 1,
2022, shall not prevent a student athlete from using the athlete's
name, image or likeness for a commercial purpose when the athlete is
not engaged in officia l team activities.
SECTION 2. This act shall become effective January 1, 2022.
58-1-6385 EK 12/28/20