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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED 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 certa in compensation; authorizing
certain representation or compensation; providing
exception to certain contrac tual requirement;
modifying prohibitions for certain associations or
institutions; extending liability protections to
certain officers; amending 70 O .S. 2021, Section
822.2, which relates to prohibited transactions;
clarifying definition of certain associa tion; adding
exception to applicability of certain provisions;
updating statutory language; and declaring an
emergency.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
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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 name, image, or likeness of the
student athlete while enrolled at a postsecondary insti tution
without penalty or re sulting limitation on participation.
Compensation for the use of a student athlete’s name, image, or
likeness shall not affect the student athlete’s eligibility for
athletic grant-in-aid.
B. A student athlete shall not earn compensation in exchange
for his or her athletic performance or participation in
intercollegiate athletics or sports competition. Compensa tion shall
not be provided as an inducement for athletic performance or to
attend or enroll at a particular institution .
C. A postsecondary instit ution or an officer, director, or
employee of such a third party authorized to act on behalf of the
postsecondary institution shall not may provide professional
representation or and compensate or cause compensation to be
directed to a current or prospecti ve student athlete for his or her
name, image, or likeness unless otherwise if permitted by a
collegiate athletics association, of which the postsecondary
institution is a member , and institutional policy.
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D. C. A collegiate athletic association shall not prohibit a
postsecondary institution or a third party authorized to act on
behalf of a postsecondary institu tion from identifying,
facilitating, enabling, or supporting opportunities for a student
athlete to earn compensation for the student athlete’s nam e, image,
or likeness activities.
E. D. The provisions of this section shall not be construed to
qualify a student athlete as an employee of a postsecondary
institution.
SECTION 2. AMENDATORY 70 O.S. 2 021, Section 820.25, as
amended by Section 4, Chapter 315, O.S.L. 2023 (70 O.S. Supp. 2023,
Section 820.25), is amended to read as follow s:
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 sh all not enter into a name, image, and
likeness agreement involving a commercial product or service that
conflicts with a written policy of the post secondary institution or
that negatively impacts or reflects adversely on the postsecondary
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.
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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 w hile the student 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 unless the contract is
between the student athlete an d the postsecondary institution or a
third party authorized to act on behalf of the postsecondary
institution.
D. A postsecondary institution may adopt reasonable time,
place, and manner restrictions to prevent a student athlet e’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 institution 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 sha ll 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 req uire a student athlete to take courses
or receive education or training in contracts, financial literacy,
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or any other subject the postsecondary in stitution deems necessary
to prepare a student athlete to engage 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:
Section 820.27. A. A collegiate athletic association shall not
and shall not authorize its member instit utions to:
1. Prevent a student athlete at a postsecondary institution
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 interco llegiate 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 matters 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 reputat ion to
affect the amount, duration, or renewal of or eligibility for any
athletic grant-in-aid or other institutional s cholarship; provided,
however, compensation earned by a student athlete for the use of his
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or her name, image, or likeness or athletic re putation may be used
for the calculation of income for determining eligibility for need -
based financial aid.
B. A collegiate athletic association shall not and shall not
authorize its member institutions to:
1. Prevent a postsecondary institution from p articipation in
intercollegiate athletics because a student athlete in attendance
has previously earned or intends to e arn compensation for the 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 or an
employee or student athlete of a postsecondary institution for
engaging in any activity pr otected 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 participation in
intercollegiate athl etics or an employee or stud ent athlete of a
postsecondary institution 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 rega rd to student
athlete name, image, or likeness activities.
C. No postsecondary institution’s officers or employees,
including athletics coaching staff, shall be liable for any damages
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to a student athlete’s ability to earn comp ensation 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. AMENDATORY 70 O.S. 2021, Section 822.2, is
amended to read as follows:
Section 822.2. A. Except as provided for in subsection C of
this section, no person shall give, offer, promise or a ttempt to
give any money or other thing of value to a student-athlete student
athlete or member of the immediate family of a student-athlete
student athlete:
1. To induce, encourage or reward the application, enrollment
or attendance of the student-athlete student athlete at a public or
private institution of postsecondary education in order to have the
student-athlete student athlete participate in intercollegiate
sporting events, contests, exhibitions or programs at that
institution; or
2. To induce, encourage or reward the participation in an
intercollegiate sporting event, contest, exhibition or program by
the student-athlete student athlete.
B. No person shall enter into or solicit directly or through an
agent a transaction with a student-athlete student athlete if the
person has, or could be reasonably expected to have, knowledge that
the transaction would likely cause the student-athlete student
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athlete to permanently or temporarily lose athletic scholarship
eligibility, the ability to participate o n an intercollegiate
athletic team or the ability to participate in one or more
intercollegiate sporting competitions a s sanctioned by:
1. A national collegiate athletic association for the promotion
and regulation of intercollegiate athletics as defined in the
Student Athlete Name, Image and Likeness Act ;
2. An athletic conference or Any other sanctioning body; or
3. The institution of postsecond ary education itself as a
reasonable self-imposed disciplinary action taken by the institution
to mitigate sanctions likely to be imposed by an organization as a
result of the transaction or as a violation of the rules of the
institution.
C. This section shall not apply to:
1. Any public or private institution of postsecondary education
or to any officer or emp loyee of the institution when the
institution or the officer or employee of the institution is acting
in accordance with an official written policy of the postsecondary
institution which is in compliance with the bylaws of the National
Collegiate Athletic Association;
2. Any intercollegiate athletic award approved or administered
by the public or private institution of po stsecondary education;
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3. Grants-in-aid or other full or partial scholarships awarded
to a student-athlete student athlete or administered by a public or
private institution of postsecondary education;
4. Members of the immediate family of the student-athlete
student athlete; and
5. Money or things of value given by a person to a student-
athlete student athlete or the immediate family of a student-athlete
student athlete that do not exceed One Hundred Dollars ($100.00) in
value in the aggregate on an ann ual basis; and
6. A gift, offer, promise, or attempt to give money or other
thing of value given by a person to a student athlete or member of
the immediate family of a student athlete if such gift, offer,
promise, or attempt conforms with the rules of any collegiate
athletic association of which the postsecondary institution is a
member.
D. Any person who violates the provisions of this section shall
be guilty of a misdemeanor and, upon conviction, shall be subject to
a fine of not less than One Thousand Dollars ($1,000.00) and not
more than Five Thousand Dollars ($5,000.00), or by imprisonment not
to exceed one (1) year, or by both such fine and imprisonment.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an em ergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from a nd after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON HIGHER EDUCATION AND CAREER TECH,
dated 03/25/2024 - DO PASS.