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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3694
Sponsored by Representative LIVELY
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act updates the law related to pay for student athletes. (Flesch Readability Score:
74.8).
Modifies provisions of law related to compensation for student athletes enrolled in a post-
secondary institution of education.
A BILL FOR AN ACT
Relating to student athletes; amending ORS 702.200.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 702.200, as amended by section 1, chapter 15, Oregon Laws 2024, is amended
to read:
702.200. (1) As used in this section:
(a) “Athletic association, conference or organization with authority over intercollegiate sports”
includes the National Collegiate Athletic Association.
[(b) “Post-secondary institution of education” means:]
[(A) A public university listed in ORS 352.002.]
[(B) An Oregon-based, generally accredited, private institution of higher education.]
[(c)(A)] (b)(A) “[Student’s] Economic rights” means the rights of a student athlete enrolled in
a post-secondary institution of education to earn compensation for use of the [student’s] student
athlete’s name, image, likeness or athletic reputation and to contract with and retain professional
representation or an athlete agent.
(B) “[Student’s] Economic rights” does not include a right to receive compensation from a
post-secondary institution of education.
(c) “Post-secondary institution of education” means:
(A) A public university listed in ORS 352.002.
(B) An Oregon-based, generally accredited, private institution of higher education.
(2) A post-secondary institution of education may compensate a student athlete or pro-
spective student athlete for use of the student athlete’s or prospective student athlete’s
name, image, likeness or athletic reputation.
[(2)(a)] (3)(a) Except as provided in this section, a post-secondary institution of education or an
athletic association, conference or organization with authority over intercollegiate sports may not:
(A) Prohibit, prevent or restrict a student athlete from exercising [the student’s] economic
rights.
(B) Penalize or retaliate against a student athlete for exercising [the student’s] economic rights.
(C) Prohibit a student athlete from participating in an intercollegiate sport for exercising [the
student’s] economic rights.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1562 HB3694
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(D) Impose an eligibility requirement on a scholarship or grant that requires a student athlete
to refrain from exercising [the student’s] economic rights.
(E) Prohibit a student athlete from receiving food, drink, lodging or medical expenses or insur-
ance coverage from a third party as compensation for use of the [student’s] student athlete’s name,
image, likeness or athletic reputation.
(b) Except as provided in this section, an athletic association, conference or organization with
authority over intercollegiate sports may not:
(A) Prevent a post-secondary institution of education or a student athlete from participating in
intercollegiate sports, accept a complaint, open an investigation or take any other adverse action
against a post-secondary institution of education or a student athlete as a result of a violation, or
an alleged violation, of the rules or regulations of the athletic association, conference or organiza-
tion related to a student athlete exercising [the student’s] economic rights.
(B) Authorize, cause or allow any post-secondary institution of education that is a member of
the association, conference or organization to take an action prohibited under paragraph (a) of this
subsection.
[(3)(a)] (4)(a) A student athlete may not enter into a contract that provides compensation to the
student athlete for use of the student athlete’s name, image, likeness or athletic reputation if terms
of the contract conflict with the student athlete’s team rules or with terms of a contract entered
into between the student athlete’s post-secondary institution of education and a third party, except
neither the team rules nor a contract entered into between the post-secondary institution of educa-
tion and a third party may prevent a student athlete from earning compensation for use of the stu-
dent athlete’s name, image, likeness or athletic reputation when not engaged in official team
activities, including participating in or being part of an advertisement that was created while not
engaged in official team activities but that may otherwise be broadcasted, displayed or disseminated
at any time.
(b) A student athlete who enters into a contract that provides compensation to the student
athlete for use of the student athlete’s name, image, likeness or athletic reputation shall disclose the
contract for the sole purpose of demonstrating compliance with paragraph (a) of this sub-
section to an official of the post-secondary institution of education designated by the institution if
the student athlete is a team member or, if the student athlete is not a team member, at the time
the student athlete seeks to become a team member.
(c) If the post-secondary institution of education asserts that the terms of the contract conflict
with the team rules or with terms of a contract entered into between the student athlete’s post-
secondary institution of education and a third party, the institution shall disclose the specific rules
or terms asserted to be in conflict to the student athlete or to the student athlete’s professional
representative or athlete agent if the student athlete is represented.
(d) Any contract, proposed contract or related documentation in the possession of a
post-secondary institution of education that relates to a student athlete’s exercise of eco-
nomic rights is confidential and exempt from public disclosure under ORS 192.311 to 192.478.
[(4) A post-secondary institution of education or an athletic association, conference or organization
with authority over intercollegiate sports may not provide to a prospective or current student athlete
compensation for use of the student athlete’s name, image, likeness or athletic reputation.]
[(5) A student athlete may not contract with or retain a person as the student athlete’s athlete
agent, if the person represented or was employed by a post-secondary institution of education at any
time in the preceding four years.]
[2] HB3694
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[(6)] (5) Nothing in this section prohibits a post-secondary institution of education from estab-
lishing or enforcing a conduct code that is applicable to all students enrolled at the institution.
(6) A student athlete participating in an intercollegiate athletic program at a post-
secondary institution of education may not exercise economic rights to promote:
(a) Products, companies or brands related to alcohol, cannabis, controlled substances,
tobacco, nicotine, inhalant delivery systems, anabolic steroids, gambling, including sports
betting, firearms or other forms of adult entertainment that are characterized by obscene
sexual activity, illegal discrimination, hate speech or violence; or
(b) Any other subject that a post-secondary institution communicates is prohibited to a
student athlete before the student athlete enrolls at the post-secondary institution.
(7)(a) A student athlete’s compensation for use of the [student’s] student athlete’s name, image,
likeness or athletic reputation may not be conditioned on the athletic performance of the student
athlete.
(b) A person or entity that provides compensation to a student athlete for the use of the student
athlete’s name, image, likeness or athletic reputation may condition payment of the compensation
on a student athlete’s attendance at a particular post-secondary institution of education.
[(8) An athletic association, conference or organization with authority over intercollegiate sports
may not prohibit a post-secondary institution of education from identifying, facilitating, enabling or
supporting opportunities for a current student athlete to exercise the student athlete’s student’s rights
at the student athlete’s post-secondary institution of education.]
(8) An athletic association, conference or organization with authority over intercollegiate
sports may not directly or indirectly:
(a) Prohibit a post-secondary institution from identifying, facilitating, enabling or sup-
porting opportunities for the exercise of economic rights by a current student athlete.
(b) Require a student athlete to provide or disclose a contract or any terms or conditions
of a contract by which a student athlete receives compensation for the use of the student
athlete’s name, image, likeness or athletic reputation, if the terms of the contract prohibit
the student athlete from providing or disclosing the contract or terms or conditions of the
contract.
(9) A post-secondary institution of education, or an employee of a post-secondary institution of
education, may not be held liable for any damages to a student athlete’s ability to exercise the
student athlete’s [student’s] economic rights due to any decision or action made by the post-
secondary institution of education or employee:
(a) That is routinely taken in the course of intercollegiate sports; or
(b) That is part of identifying, facilitating, enabling or supporting opportunities for the current
student athlete to exercise the student athlete’s [student’s] economic rights at the student athlete’s
post-secondary institution of education.
[3]