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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 1994 By: Caldwell (Trey)
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38	38	AS INTRODUCED
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40	40	An Act relating to student athletes; prohibiting
41	41	certain entities from preventing student athletes
42	42	from receiving compensation for use of the student's
43	43	name, image or likeness; prohibiting certain other
44	44	acts relating to compensation of student athletes for
45	45	the use of the student's name, image or likeness;
46	46	providing requirements for professional
47	47	representation of student athletes; declaring that
48	48	scholarships are not compensation; providing
49	49	limitations on contracts; providing for codification;
50	50	and providing an effective date.
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. NEW LAW A new section of law to be codified
58	58	in the Oklahoma Statutes as Section 823 of Title 70, unless there is
59	59	created a duplication in numbering, reads as follows:
60	60	A. An institution within The Oklahoma State System of Higher
61	61	Education or a private educational institution, as d efined by
62	62	Section 3102 of Title 70 of the Oklahoma Statutes, shall not uphold
63	63	any rule, requirement, standard or other limitation that prevents a
64	64	student of that institution who is participating in intercollegiate
65	65	athletics from earning compensation as a r esult of the use of the
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92	92	student's name, image or likeness. Earning compensation from the
93	93	use of a student's name, image or likeness shall not affect the
94	94	student's scholarship eligibility.
95	95	B. An athletic association, conference or other group or
96	96	organization with authority over intercollegiate athletics,
97	97	including, but not limited to, the National Collegiate Athletic
98	98	Association, shall not prevent:
99	99	1. A student of an institution within The Oklahoma State System
100	100	of Higher Education or private educational i nstitution who is
101	101	participating in intercollegiate athletics from earning compensation
102	102	as a result of the use of the student's name, image or likeness; or
103	103	2. An institution within The Oklahoma State System of Higher
104	104	Education or private educational instit ution from participating in
105	105	intercollegiate athletics as a result of the compensation of a
106	106	student athlete for the use of the student's name, image or
107	107	likeness.
108	108	C. An institution within The Oklahoma State System of Higher
109	109	Education, private educational in stitution, athletic association,
110	110	conference or other group or organization with authority over
111	111	intercollegiate athletics shall not:
112	112	1. Provide a prospective student athlete with compensation in
113	113	relation to the athlete's name, image or likeness; or
114	114	2. Prevent a student participating in intercollegiate athletics
115	115	from obtaining professional representation in relation to contracts
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142	142	or legal matters, including, but not limited to, representation
143	143	provided by athlete agents or legal representation provided by
144	144	attorneys.
145	145	D. Professional representation provided by athlete agents shall
146	146	be by persons licensed pursuant to the Uniform Athlete Agents Act or
147	147	superseding law. Athlete agents representing student athletes also
148	148	shall comply with the federal Sports Agent Res ponsibility and Trust
149	149	Act, established in Chapter 104, Section 7801 et seq. of Title 15 of
150	150	the United States Code, in their relationships with student
151	151	athletes.
152	152	E. Legal representation of student athletes shall be by
153	153	attorneys licensed to practice law in this state.
154	154	F. A scholarship from an institution within The Oklahoma State
155	155	System of Higher Education or private educational institution in
156	156	which a student is enrolled that provides the student with the cost
157	157	of attendance at that institution is not compen sation for purposes
158	158	of this section, and a scholarship shall not be revoked as a result
159	159	of earning compensation or obtaining legal representation pursuant
160	160	to this section.
161	161	G. 1. A student athlete shall not enter into a contract
162	162	providing compensation to the athlete for use of the athlete's name,
163	163	image or likeness if a provision of the contract is in conflict with
164	164	a provision of the athlete's team contract.
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191	191	2. A student athlete who enters into a contract providing
192	192	compensation to the athlete for use of th e athlete's name, image or
193	193	likeness shall disclose the contract to an official of the
194	194	institution of higher education in which the athlete is enrolled, to
195	195	be designated by the institution.
196	196	3. An institution asserting a conflict described in paragraph 1
197	197	of this subsection shall disclose to the athlete or the athlete's
198	198	agent or legal representation the relevant contractual provisions
199	199	that are in conflict.
200	200	H. Any athletic program team contract of an institution within
201	201	The Oklahoma State System of Higher Educ ation or private educational
202	202	institution entered into, modified or renewed on or after January 1,
203	203	2022, shall not prevent a student athlete from using the athlete's
204	204	name, image or likeness for a commercial purpose when the athlete is
205	205	not engaged in officia l team activities.
206	206	SECTION 2. This act shall become effective January 1, 2022.
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208	208	58-1-6385 EK 12/28/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1994 Compare Versions