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SENATE FLOOR VERSION
February 7, 2023
SENATE BILL NO. 840 By: McCortney and Jett of the
Senate
and
Echols of the House
An Act relating to collegiate athletics; amend ing 70
O.S. 2021, Sections 8 20.22, 820.23, 820.24, 820.25,
and 820.26, which relate to the Student Athlete Name,
Image and Likeness Rights Act; modifying definitions;
modifying limitation on certain compensation;
prohibiting postsecondary institution from providing
certain representation or compensation; prohibiting
collegiate athletic association from imposing certain
restrictions on postsec ondary institutions;
construing provisions; removing limitation on certain
representation; establishing require ments for certain
agreements; requiring certain individual or entity to
ensure certain disclosures; requiring disclosure of
certain representation; modifying requirements for
certain contracts; prohibiting use o f certain marks
for certain purposes; providing exception;
authorizing adoption of certa in restrictions;
authorizing certain third-party agreements;
authorizing certain educational or training
requirements; modifying effective date of provisions;
prohibiting collegiate athletic association and
member institutions from taking certain actions
against student athlete or post secondary
institutions; prohibiting liability for employees of
postsecondary institution for certain de cisions or
actions; updating statutory language ; providing for
codification; and declaring an em ergency.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 70 O.S. 2021, Section 820.22, is
amended to read as follows:
Section 820.22. As used in the Student Athlete Name , Image and
Likeness Rights Act:
1. “Athletic grant-in-aid” shall have the meaning provided by
the applicable colleg iate athletic association as aid related to the
student athlete’s participation in an intercollegiate sport for a
postsecondary institution . “Athletic grant-in-aid” Athletic grant-
in-aid shall not include compensation for the use of the student-
athlete’s name, image, or likeness rights or athletic reputation;
2. “Collegiate athletic assoc iation” means any athletic
association, conference, or other group or organi zation with
authority over intercollegiate sports including, but not limited to,
the National Collegiate Athletic Assoc iation;
3. “Postsecondary institution ” means any state educat ional
institution or private educational institution as defined in Section
3102 of Title 70 of the Oklahoma Statutes;
4. “Professional representation” includes, but is not limited
to, representation provided by an athlete agent holding a
certificate of registration under the Revised Uniform Athlete Agents
Act or an attorney duly admitted to practice law in this state by
any individual or entity engaged by a student athlete for the
purpose of securing compensation or benefits for a student athlete ’s
name, image, or likeness activit ies. Any individual or entity
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engaged for such purpose shall be a fiduciary for the represented
student athlete;
5. “Sponsor” means an individual or organization that receives
institutional recognition for its financial support or other
contributions in support of a postsecondary institution or its
departments or programs;
6. “Student athlete” shall have the same meaning as defined in
the Revised Uniform Athlete Agents Act ; and
7. “Team contract” means a contract between a postsecondary
institution or a postsecondary institution’s athletic department and
a sponsor or a third party authorized to enter into a sponsorship
agreement or agreements on behalf of a postsecondary institution
6. “Team activities” means student athlete partic ipation in
countable athletically related activities and required athletic
activities as defined by the collegiate athletic association or as
otherwise defined by the postsecondary institution .
SECTION 2. AMENDATORY 70 O.S. 2021, Section 820.23, is
amended to read as follows:
Section 820.23. A. Except as otherwise provide d in the Student
Athlete Name, Image and Likeness Rights Act, a student athlete may
earn compensation commensurate with market value for the use of the
name, image, or likeness of the student athlete while enrolled at a
postsecondary institution without pe nalty or resulting limitation on
participation. Compensation for the use of a student ath lete’s
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name, image, or likeness shall not affect the student ath lete’s
eligibility for athletic grant-in-aid.
B. A student athlete shall not earn compensation in exc hange
for his or her athletic pe rformance or participation in
intercollegiate athletics or sports competition. Compensation shall
not be provided as an i nducement for athletic performance or to
attend or enroll at a particular institution.
C. A postsecondary institution, an entity whose purpose
includes supporting or benefitting the postsecond ary institution or
its athletic programs or an officer, directo r, or employee of such
postsecondary institution or entity shall not provide professional
representation, or compensate or cause compe nsation to be directed
to a current or prospective student athl ete for his or her name,
image, or likeness. A scholarship from a postsecondary institution
in which a student athlete is enrolled that provides him or her with
the cost of attendance, as defined by an applicable collegiate
athletic association, at the institution shall not be considered
compensation for purposes of this Act unless otherwise permitted by
institutional policy or sta te law.
D. A collegiate athletic association shall not, and shall not
authorize its member institutions to :
1. Prevent a student athlete at a postsecondary institution
from earning compensation from the use of his or her name, image or
likeness;
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2. Prevent a postsecondary institution from participation in
intercollegiate athletics because a student athlete in attendance
has previously earned or intends to earn compensation for the use of
his or her name, image or likeness ;
3. Provide a prospective student athlete with compensation in
relation to the use of his or her name, image or likeness;
4. Penalize a student athlete or prevent a student athlete from
full participation in an inter collegiate sport because he or she
obtains professional representation in relatio n to a contract or
other legal matter; or
5. Allow compensation earned by a student athlete for the use
of his or her name, image or likeness or athletic reputation to
affect the amount, duration or renewal of or eligibility for any
athletic grant-in-aid or other institutional scholarship; provided,
however, compensation earned by a student athlete for the use of his
or her name, image or likeness or athletic reputation may be used
for the calculation of income for determining eligibility for need -
based financial aid prohibit a postsecondary institution from
identifying, facilitating, enabling, or supporting opportunities for
a student athlete to earn compensation for the stude nt athlete’s
name, image, or likeness activities .
E. The provisions of this section shall not be con strued to
qualify a student athle te as an employee of a postsecondary
institution.
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SECTION 3. AMENDATORY 70 O.S. 2021, Section 820.24, is
amended to read as follows:
Section 820.24. A. 1. A student athlete may obtain
professional representation by an athlete agent or attorney for the
purpose of securing compensation for the use of his or her name,
image, or likeness without penalty, resulting li mitation on
participation or effect on the student-athlete’s athletic grant-in-
aid eligibility.
2. Any professional representation agreement shall:
a. be in writing,
b. be executed by both parties ,
c. clearly describe the obligations of the parties, and
d. outline fees for the professional representation .
3. An individual or entity engage d for professional
representation by a student athlete shall ensure the student athlete
discloses the profession al relationship to the postsecondary
institution as required by this section.
B. Professional representation provided by athlete agents shall
be by persons licensed purs uant to the Revised Uniform Athlete
Agents Act or superseding law. An athlete agent representing a
student athlete shall comply with the federal Sports Agent
Responsibility and Trust Act, Chapter 104, Section 7801 et seq. of
Title 15 of the United States Code.
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C. A student athlete who enters into a contract providing
compensation to the student athlete for use of his or her name,
image, or likeness or for professional rep resentation shall disclose
the contract in a manner designa ted by the postsecondary
institution, but in any event within seventy-two (72) hours after
entering into the contract or before the next athletic event in
which the student athlete is eligible to par ticipate, whichever
occurs first.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 820.25, is
amended to read as follows:
Section 820.25. A. A student athlete shall n ot enter into a
contract that provides compensati on to the student athlete for use
of his or her name, image or likeness if a provision of the contract
is in conflict with a provision of the postsecondary institution’s
team contract.
B. A student athlete shall not enter into a contract with a
third party that provides compensation to the student athlete use a
postsecondary institution’s marks for the purpose of securing
compensation for use of his or her name, image , or likeness or
athletic reputation if:
1. The contract requires the student athlete to display the
third party’s apparel or to otherwise advertise for the third-party
during team activities;
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2. Compliance with the third-party contract would conflict with
a team contract; or
3. The contract allows for the use or consents to the use of
any institutional marks during the student athlete’s third-party
contract activities.
C. A team contract of a p ostsecondary institution entered into,
modified or renewed on or after the effective date of this A ct shall
not prevent a student athlete from using his or her name, image or
likeness for a commercial purpose when the student athlete is not
engaged in team activities unless authorized by the institution.
D. B. A student athlete shall not enter into a name, image , and
likeness agreement involv ing a commercial product or service that
conflicts with a written policy of the pos tsecondary institution
which is in compliance with the bylaws and legislation of the
applicable collegiate athletic association including, but not
limited to, sports wagerin g or banned substances or that negatively
impacts or reflects adversely on the post secondary institution or
its athletic programs including, but not limited to, generating
public disrepute, embarrassment, scandal, ridicule or otherwise
negatively impacting the reputation or the moral or ethical
standards of the postsecondary institution.
E. C. A contract for the use of a student athlete’s name,
image, or likeness or a contract for professional representation
related to name, image, or likeness that is formed while the student
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athlete is participating in an intercollegiate sport at a
postsecondary educational institution may not extend beyond the
student athlete’s participation in the sport at the institution.
F. Nothing in the Stu dent Athlete Name, Image and Likene ss
Rights Act shall be construed to authorize a student athlete to
assert any right or interest as a party to or intended beneficiary
of team contracts or to cr eate a right of one or more student
athletes to participate in the negotiat ion, awarding or earn ings of
team contracts.
D. A postsecondary institution may adopt reasonabl e time,
place, and manner restrictions to prevent a student athlete’s name,
image, or likeness activities from interfering with team activities,
the postsecondary institution ’s operations, or the use of the
institution’s facilities. A postsecondary instit ution may receive
compensation for the use of its institutional marks or facilities in
conjunction with a student athlete ’s name, image, and likeness
activities.
E. A collegiate athletic association shall not prohibit a
postsecondary institution from establishing agreements with a third-
party entity to act on its behalf to identify, facilitate, enable,
or support student athlete name, image , and likeness activities.
F. An institution may require a student athlete to take courses
or receive education or tr aining in contracts, fina ncial literacy,
or any other subject the postsecondary institution deems necessary
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to prepare a student athlete to engage in name, image , and likeness
activities.
SECTION 5. AMENDATORY 70 O.S. 2021, Sectio n 820.26, is
amended to read as follows:
Section 820.26. Each postsecondary institution shall determine
a date on or before July 1, 2023, upon wh ich the The provisions of
the Student Athlete Name, Ima ge and Likeness Rights Act will shall
be recognized by the postsecondary institution effective
immediately.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 820.27 of Title 70, unless there
is created a duplication in numb ering, reads as follows :
A. A collegiate athletic association shall not and shall not
authorize its member institutions to:
1. Prevent a student athlete at a postsecondary institutio n
from earning compensation from the use of his or her name, image , or
likeness;
2. Provide a prospective student athlete with compensation in
relation to the use of his or her name, image , or likeness;
3. Penalize a student athlete or prevent a student athlete from
full participation in an intercollegiate sport because he or she
obtains professional representation or receives assistance with
services associated with name, image , or likeness activities
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including with contracts or other legal matter s from an individual,
entity, or a postsecondary institution ; or
4. Allow compensation earned by a st udent athlete for the use
of his or her name, image, or likeness or athletic reputation to
affect the amount, duration , or renewal of or eligibility for any
athletic grant-in-aid or other institutional scholarship; provided,
however, compensation earned by a student athlete for the use o f his
or her name, image, or likeness or athletic reputation may be used
for the calculation of income for determining eligibilit y for need-
based financial aid.
B. A collegiate athletic associ ation shall not and shall not
authorize its member institution s to:
1. Prevent a postsecondary institution from participation in
intercollegiate athletics because a student athlete in attend ance
has previously earned or intends to earn compensation for t he use of
his or her name, imag e, or likeness;
2. Entertain a complaint, open an investigation, or take any
other adverse action against a postsecondary institution for
engaging in any activi ty protected in the Student Athlete Name,
Image and Likeness Rights Act or for involvement in s tudent athlete
name, image, or likeness activities; or
3. Penalize a postsecondary institution from participation in
intercollegiate athletics because an individual or entity whose
purpose includes supporting or benefitting the postsecondary
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institution or its athletic programs violates the collegiate
athletic association’s rules or regulations with regard to student
athlete name, image, or likeness activities .
C. No postsecondary institution ’s employees, including
athletics coaching staff, shall be liabl e for any damages to a
student athlete’s ability to earn compensation for the use of the
student athlete’s name, image, or likeness resulting from decisions
and actions routinely taken in the course of intercollegiate
athletics.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: EDUCATION
February 7, 2023 - DO PASS