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ENGROSSED SENATE
BILL NO. 490 By: Gollihare of the Senate
and
Lawson 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 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, professional
representation, and limitations on agreements and
contracts; modifying circumstances under which a
postsecondary institution or authorized third party
may provide certain representation or payment;
prohibiting use of state funds for certain payment;
construing provisions; pr ohibiting 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 rescission of certain agreement or commitment
under certain circumsta nces; prohibiting liability
for certain revocation 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 A student athlete may
earn compensation payments for the use of the name, image, or
likeness of the student athlete while enrolled at a or as otherwise
permitted by a collegiate athletic association with authority over
his or her postsecondary institution without penalty or resulting
limitation on participation. Compensation for the use of a student
athlete’s name, image, or likeness Such payments 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:
1. Provide professional representation and compensate pay or
cause compensation payment 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 as
permitted by the Student Athlete Name, Image and Likeness Rights
Act; provided, however, no postsecondary institution shall use funds
allocated by this state for such payment; and
2. Enter into exclusive or non -exclusive licenses or
endorsement agreements for a student athlete’s name, image, or
likeness, institutional promotion, or other rights .
C. A collegiate athletic association shall not prohibit a
postsecondary institution or a third party authorized to act on
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behalf of a postsecondary institution from identifying,
facilitating, enabling, or supporting opportuniti es for a student
athlete to earn compensation payment for the student athlete ’s name,
image, or likeness activities.
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 benefit permitted by
this Act 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 intercollegia te athletic activities,
practices, and competition.
E. No release of or license t o use a student athlete ’s name,
image, or likeness rights, or a name, image, or likeness agreement,
shall be required from or with any individual or group of
participants in an intercollegiate athletic competition, contest, or
event, or spectators at a spo rts game, contest, or event, for audio -
visual, audio, or visual broadcasts, rebroadcasts, or other
distributions of such event .
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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
payment for the use of his or her name, image, or likeness witho ut
penalty, 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 obligati ons of the parties, and
d. outline fees for the professional representation.
3. An individual or entity engaged for professional
representation by a student athlete shall ensure the student athlete
discloses the professional relationship to the postsecond ary
institution as required by this section.
B. A student athlete who enters into a contract providing
compensation payment to the student athlete for use of his or her
name, image, or likeness or for professional representation shall
disclose the contrac t in a manner designated 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
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which the student athlete is eligible to participate, whichever
occurs first.
C. A postsecondary institution may revoke or rescind any
agreement or commitment to provide payment, a grant-in-aid, or other
benefits to a student athlete who receives or agr ees to receive
payment not permitted by this Act or a collegiate athletic
association with authority over the postsecondary institution and
shall not be liable in damages or subjected to any injunctive relief
by a court because of such revocation 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 payment 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 involving a commercial product or service that
conflicts with a writt en policy of the postsecondary institution or
involves a commercial product or service that negatively impacts or
reflects adversely on the postsecondary institution or its a thletic
programs including, but not limited to, generating public disrepute,
embarrassment, scandal, ridicule or otherwise negatively impacting
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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 repre sentation related to
name, image, or likeness that is formed while the student athlete is
participating in an intercollegiate sport athletics at a
postsecondary institution m ay not extend beyond the student
athlete’s participation in the sport at the insti tution unless the
contract is between the student athlete and the postsecondary
institution or a third party authorized to act on behalf of the
postsecondary institution 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 athleti c program in content created while
the student athlete is enrolled at the postseco ndary 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 the student athlete ’s
eligibility has expired .
D. A postsecondary institution may adopt reasonable 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
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postsecondary 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 shall not prohibit a
postsecondary institution from establishing agreements with a third
party to act on its behalf to identify, facilitate, enable, or
support student athlet e 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 necessary 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 whereo f this act shall take effect and
be in full force from and after its passage and a pproval.
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Passed the Senate the 17th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives