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SENATE FLOOR VERSION
February 20, 2024
SENATE BILL NO. 1786 By: Thompson (Kristen) of the
Senate
and
Kannady and Deck of the
House
An Act relating to the Student Athlete Name, Image
and Likeness Rights Act; amending 70 O.S. 2021,
Sections 820.23, as amended by Section 2, Chapter
315, O.S.L. 2023, 820.25, as amended by Section 4,
Chapter 315, O.S.L. 2023, and Section 6, Chapter 315,
O.S.L. 2023 (70 O.S. Supp. 2023, Sections 820.23,
820.25, and 820.27), which relate to compensation,
limitations on contracts, and restrictions on
collegiate athletic associations; removing
prohibition for certain compensation; authorizing
certain representation or compensation; providing
exception to certain contractual requirement;
modifying prohibitions for certai n associations or
institutions; extending liability protections to
certain officers; and providing an effec tive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 70 O.S. 2021, Section 820.23, as
amended by Section 2, Chapter 315, O.S.L. 2023 (70 O.S. Supp. 2023,
Section 820.23), is amended to read as follows:
Section 820.23. A. Except as otherwise provided in the Student
Athlete Name, Image and Likeness Rights Act, a student athlete may
earn compensation for the use of the na me, image, or likeness of the
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student athlete while enrolled at a postsecondary institution
without penalty or resulting limitation on participation.
Compensation for the use of a student athlete’s 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 e xchange
for his or her athletic performance 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 If not prohibited by a collegiate athletic associ ation, a
postsecondary institution or an officer, director, or employee of
such a third party authori zed to act on behalf of the postsecondary
institution shall not may provide professional representati on, or
compensate or cause compe nsation to be directed to, or both, a
current or prospective student athlete for his or her name, image,
or likeness unless otherwise if permitted by a collegiate athletics
association and institutional policy .
D. C. A collegiate athletic association shall not prohibit a
postsecondary institution from identifying, facilitating, enabling,
or supporting opportunities for a student athlete to earn
compensation for the student athlete’s name, image, or likeness
activities.
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E. D. The provisions of this section sh all not be construed to
qualify a student athlete as an employee of a postsecondary
institution.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 820.25, as
amended by Section 4, Chapter 315, O.S. L. 2023 (70 O.S. Supp. 2023,
Section 820.25), is amended t o read as follows:
Section 820.25. A. A student athlete shall not use a
postsecondary institution’s marks for the purpose of securing
compensation for use of his or her name, image , or likeness unless
authorized by the postsecondary institution.
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 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.
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 athlete is
participating in an intercollegiate sport at a posts econdary
educational institution may not extend beyond the student athlete’s
participation in the sport at the institution unless the contract is
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between the student athl ete and the postsecondary institution or a
third party authorized to act on behalf of the postsecon dary
institution.
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 t eam 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 third party 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, financial literacy,
or any other subject the postsecondary instituti on deems necessary
to prepare a student athlete to en gage in name, image, and likeness
activities.
SECTION 3. AMENDATORY Section 6, Chapter 315, O.S.L.
2023 (70 O.S. Supp. 2023, Section 820.27), is amended to read as
follows:
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Section 820.27. 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 for 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
including with contracts or other legal matter s from an individual,
entity, or a postsecondary institution ; or
4. 3. 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 eligibilit y for need-
based financial aid.
B. A collegiate athletic ass ociation shall not and shall not
authorize its member institutions to:
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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, image, 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 student athlete
name, image, or likeness activities; or
3. Penalize a postsecondary institution from parti cipation in
intercollegiate athletics because an individual or entity whose
purpose includes supporting or benefitting the postsecondary
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 officers or employees,
including athletics coaching staf f, shall be liable 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 4. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 20, 2024 - DO PASS