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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 490 By: Gollihare
AS INTRODUCED
An Act relating to the Student Athlete Name, Image
and Likeness Rights Act; amending 70 O.S. 2021,
Sections 820.23, as last amended by Section 1,
Chapter 85, O.S.L. 2024, 820.24, as amended by
Section 3, Chapter 315, O.S.L. 2023, and 820.25, as
last amended by Section 2, Chapter 85, O.S.L. 2024
(70 O.S. Supp. 2024, Sections 820.23, 820.24, and
820.25), which relate to compensation, profe ssional
representation, and limitations on agreements and
contracts; modifying circumstances under which a
postsecondary institution or authorized third party
may provide certain representation or compensation;
prohibiting use of state funds for certain
compensation; construing provisions; prohibiting
requirement of release of or license to use certain
name, image, and likeness rights for certain
purposes; removing time limit for certain disclosure;
authorizing revocation or re scission of certain
agreement or commitment under certain circumstances;
prohibiting liability for certain r evocation or
rescission; modifying terms for extension of certain
contracts; updating statutory language; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 820.23, as
last amended by Section 1, Chapter 85, O.S.L. 2024 (70 O.S. Supp.
2024, Section 820.23), is amended to read as follows:
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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 institution
without penalty or result ing 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 postsecondary institution or a third party authorized to
act on behalf of the postsecondary institution may provide
professional representation and compensate or cause compensation to
be directed to a current or prospective student athlete for his or
her name, image, or likeness if permitted by a collegiate athletics
association, of which the postsecondary institution is a member, and
institutional policy; provided, however, no postsecondary
institution shall use funds allocated by this state for such
compensation.
C. A collegiate athletic association shall not prohibit a
postsecondary institution or a third party authorized to act on
behalf of 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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D. The provisions of this section shall not be construed to
qualify a student athlete as an employee of a postsecondary
institution or a collegiate athletic association based on the
student athlete’s receipt of any payment or bene fit for his or her
name, image, or likeness, or one or more of the following:
1. Participation in intercollegiate athletic competition;
2. Membership on any intercollegiate athletic team; or
3. Imposition of requirements, controls, or restrictions on
student athletes by postsecondary institutions, in connection with
their participation in intercollegiate athletic activities,
practices, and competition.
E. No release of or license to use a student athlete ’s name,
image, or likeness rights, or a name, ima ge, or likeness agreement,
shall be required from or with any individual or gr oup of
participants in an intercollegiate athletic competition, contest, or
event, or spectators at a sports game, contest, or event, for audio -
visual, audio, or visual broadcast s, rebroadcasts, or other
distributions of such event .
SECTION 2. AMENDATORY 70 O.S. 2021, Section 820.24, as
amended by Section 3, Chapter 315, O.S.L. 2023 (70 O.S. Supp. 2024,
Section 820.24), is amended to read as follows:
Section 820.24. A. 1. A student athlete may obtain
professional representation for the purpose of securing compensation
for the use of his or her name, image, or likeness without penalty,
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resulting limitation 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 engaged for professional
representation by a student a thlete shall ensure the student athlete
discloses the professional relationship to the postsecondary
institution as required by this section.
B. A student athlete who enters int o a contract providing
compensation to the student athlete for use of his or her name,
image, or likeness or for professional representation shall disclose
the contract in a manner designated by the postsecondary
institution, but in any event within sevent y-two (72) hours after
entering into the contract or before the next athletic event in
which the student athlete is eligible to participate, whichever
occurs first.
C. A postsecondary institution may revoke or rescind any
agreement or commitment to provid e compensation, a grant -in-aid, or
other benefits to a student athlete who receives or agrees to
receive compensation not permitted by this act or a collegiate
athletic association with authority over the postsecondary
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institution and shall not be liable i n damages or subjected to any
injunctive relief by a court because of such rev ocation or
rescission.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 820.25, as
last amended by Section 2, Chapter 85, O.S.L. 2024 (70 O.S. Supp.
2024, Section 820.25), is amended to 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 postseco ndary institution.
B. A student athlete shall not enter into a name, image, a nd
likeness agreement involving a commercial product or service that
conflicts with a written policy of the postsecondary institution or
involves a commercial product or service 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 mor al or ethical standards of the
postsecondary institution.
C. A contract for t he 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 athletics at a
postsecondary institution may not extend beyond the student
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athlete’s participation in the sport at the institution unless the
contract is between the student athlete and the postsecondary
institution or a third party authorized to act on behalf of the
postsecondary institu tion his or her eligibility to participate in
intercollegiate athletics; provided, however, if a postsecondary
institution has licensed the right to use the name, image, or
likeness of a student athlete to promote the postsecondary
institution’s academic or athletic program in content created while
the student athlete is enrolled at the postsecondary institution,
the postsecondary institution shall not be required to discontinue
use of such name, image, or likeness rights, if and as permitted by
the agreement with the student athlete, after th e student athlete’s
eligibility has expired .
D. A postsecondary institution may adopt reasonable time,
place, and manner restrictions to pre vent a student athlete ’s name,
image, or likeness activities from interfering with team activities,
the postsecondary institution ’s operations, or the use of the
postsecondary institution’s facilities. A postsecondary institution
may receive compensation for the use of its institutional marks or
facilities in conjunction with a stu dent athlete’s name, image, and
likeness activities.
E. A collegiate athletic association shall not prohibit a
postsecondary institution from establishing agreements with a thir d
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party to act on its behalf to identify, facilitate, enable, or
support student athlete name, image, and likeness activities.
F. An A postsecondary institution may require a student athlete
to take courses or receive education or training in contracts,
financial literacy, or any other subject the postsecondary
institution deems ne cessary to prepare a student athlete to engage
in name, image, and likeness activities.
SECTION 4. 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 and approval.
60-1-713 TEK 1/10/2025 12:03:33 PM