OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 660 Bill Analysis
135th General Assembly
Click here for H.B. 660’s Fiscal Note
Version: As Reported by House Civil Justice
Primary Sponsors: Reps. Mathews and Edwards
Effective date:
Chris Edwards, Attorney
SUMMARY
▪ Authorizes an institution of higher education (a state institution of higher education or a
private college) to compensate a student-athlete for use of the student-athlete’s name,
image, or likeness (NIL).
▪ Specifies that a student-athlete is not an employee because the institution compensates
the student-athlete for use of the student-athlete’s NIL.
▪ Prohibits a student-athlete from using specified property belonging to an institution to
further opportunities for the student-athlete to earn NIL compensation unless authorized
by the institution.
▪ Authorizes an institution to provide money, resources, or other benefits to an institutional
marketing associate to incentivize it to facilitate opportunities for student-athletes to
earn NIL compensation.
▪ Prohibits an institution, athletic association, conference, or other group or organization
with authority over intercollegiate athletics from taking specified actions regarding a
student-athlete for obtaining representation from an athlete agent or attorney or for
earning NIL or any other athletics-related compensation.
▪ Makes any contract or proposed contract providing a student-athlete with NIL
compensation that is disclosed to an institution as required under continuing law
confidential and not a public record for purposes of the Public Records Law.
▪ Authorizes student-athletes, institutions, and institutional marketing associates to sue for
violations of the bill and provides immunity to institutions and associates and their
employees for damages resulting from a student-athlete’s inability to earn NIL
compensation.
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▪ Prohibits a student-athlete under age 18 from entering into a contract that provides the
student-athlete with NIL compensation unless the contract includes the written consent
of the student-athlete’s parent, guardian, or custodian.
DETAILED ANALYSIS
Collegiate Student Athlete Law
The bill revises the Collegiate Student Athlete Law1 that governs compensation to
intercollegiate athletes for use of their name, image, or likeness (NIL). It makes changes
throughout the law to refer to an intercollegiate athlete as a “student-athlete.” A student-athlete
is an individual who is eligible to participate in, participates in, or has participated in
intercollegiate athletics for an institution of higher education (a state institution of higher
education or private college). An individual who participates in intramural athletics at an
institution or in professional athletics is not considered a student-athlete.2
Student-athlete compensation by institutions
The bill authorizes an institution to compensate a student-athlete for use of the student-
athlete’s NIL. The institution, however, cannot compensate the student-athlete using any fees
paid to the institution by or on behalf of students attending that institution. The bill eliminates
the prohibition against any institution or athletic authority (an athletic association, conference,
or other group or organization with authority over intercollegiate athletics) compensating a
prospective student-athlete in relation to the prospective student-athlete’s NIL.3
Such an institution also may provide money, assets, resources, opportunities, services, or
other benefits to an institutional marketing associate to incentivize it to facilitate opportunities
for a student-athlete to earn compensation for use of the student-athlete’s NIL (NIL
compensation). Under the bill, an institutional marketing associate is any individual or entity,
including an athlete agent, that enters into a contract with, or otherwise acts on behalf of, an
institution or an institution’s intercollegiate athletics department. It does not include an
institution or athletic authority or a staff member, employee, officer, director, manager, or owner
of an institution or athletic authority.4
Institutional prohibitions
Currently, an institution cannot uphold any rule, requirement, standard, or other
limitation that prevents a student of that institution from fully participating in intercollegiate
athletics because the student earns NIL compensation. The bill also prohibits the institution from
doing so because a student-athlete does either of the following:
1 R.C. Chapter 3376.
2 R.C. 3376.01, 3376.02, 3376.03, 3376.04, 3376.06, and 3376.07.
3 R.C. 3376.04 and 3376.09.
4 R.C. 3376.01 and 3376.09.
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▪ Earns any other compensation related to the student-athlete’s position on an
intercollegiate athletics team’s roster;
▪ Obtains professional representation from an athlete agent or attorney.5
Athletic authority prohibitions
Currently, an athletic authority cannot prevent a student from participating in
intercollegiate athletics because the student earns NIL compensation. The bill also prohibits the
athletic authority from doing so because a student-athlete does either of the following:
▪ Earns any other compensation related to the student-athlete’s position on an
intercollegiate athletics team’s roster;
▪ Obtains professional representation from an athlete agent or attorney.
The bill also prohibits an athletic authority from doing any of the following:
▪ Considering a complaint, initiating an investigation, or taking any adverse action against
an institution or institutional marketing associate for engaging in any conduct authorized
under the bill;
▪ Penalizing an institution or student-athlete, or preventing the institution or
student-athlete from participating in intercollegiate athletics, because another individual
or third-party entity whose purpose includes supporting or benefiting the institution or
student-athlete violates a rule or regulation of the athletic authority that addresses NIL
compensation;
▪ Preventing an institution from compensating a student-athlete for use of the student-
athlete’s NIL or any other compensation related to the student-athlete’s position on an
intercollegiate athletics team’s roster;
▪ Preventing an institution or associate from identifying, creating, facilitating, negotiating,
supporting, assisting with, engaging with, or otherwise enabling opportunities for a
student-athlete to earn NIL compensation.
Current law prohibits an athletic authority from preventing an institution from fully
participating in intercollegiate athletics because a student-athlete at that institution uses the
student-athlete’s NIL or obtains professional representation in relation to contracts or legal
matters regarding opportunities to earn NIL compensation. The bill instead prohibits an athletic
authority from preventing an institution from becoming a member of the athletic authority or
from participating in intercollegiate athletics sponsored by the athletic authority because a
student-athlete does either of the following:
▪ Earns NIL compensation or any other compensation related to the student-athlete’s
position on an intercollegiate athletics team’s roster;
▪ Obtains professional representation from an athlete agent or attorney regarding any
matter and not just legal matters relating to NIL compensation.
5 R.C. 3376.02.
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The prohibitions that apply under current law to athletic authorities expressly apply to
the National Collegiate Athletic Association (NCAA). The bill eliminates reference to the NCAA
with respect to these prohibitions.6
Additional prohibitions
In addition to continuing law prohibitions, the bill prohibits any institution or athletic
authority from doing either of the following:
▪ Preventing a student-athlete from earning NIL compensation if the student-athlete earns
that compensation in accordance with the bill;
▪ Entering into, renewing, or modifying any agreement that prohibits a student-athlete
from earning NIL compensation while engaging in activities that do not relate to
academic, athletic department, or official team activities.
Currently, an institution or athletic authority cannot prevent a student-athlete who
resides in Ohio from obtaining professional representation in relation to contracts or legal
matters regarding opportunities to earn NIL compensation. Under the bill, this prohibition applies
with respect to any student-athlete, rather than only a student-athlete who is an Ohio resident.
It also applies under the bill with respect to obtaining professional representation from an athlete
agent or attorney regarding any matter and not just legal matters relating to NIL compensation.
Under continuing law, an official team activity means all games, practices, exhibitions,
scrimmages, team appearances, team photograph sessions, sports camps sponsored by an
institution, and other team-organized activities, regardless of whether the activity takes place on
or off campus, including individual photograph sessions and news media interviews.7
NIL contracts
Confidentiality of disclosed contracts
Under continuing law, a student-athlete who intends to enter into a contract providing
the student-athlete with NIL compensation must disclose the proposed contract to the
student-athlete’s institution for review. The bill makes any contract, proposed contract, or
related documentation disclosed to an institution confidential and not a public record for
purposes of the Public Records Law.8
Minor student-athlete contracts
The bill prohibits a student-athlete under 18 years old from entering into a contract that
provides the student-athlete with NIL compensation unless the contract includes the written
consent of the student-athlete’s parent, guardian, or custodian.9
6 R.C. 3376.03.
7 R.C. 3376.01, 3376.04, and 3376.06(A), repealed.
8 R.C. 3376.06 and R.C. 149.43, not in the bill.
9 R.C. 3376.13.
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Contracts for advertisements
Continuing law prohibits a student-athlete from entering into a contract under which a
student-athlete, for NIL compensation, advertises for a sponsor and the contract requires the
student-athlete to display a sponsor’s product or otherwise advertise for a sponsor and the
contract requirements conflict with a contract to which an institution is a party. The bill
eliminates a specific prohibition regarding the display or advertising under the contract occurring
during official team activities or any other time.10
Student-athlete use of school property
Unless authorized by an institution, the bill prohibits a student-athlete, to further the
student-athlete’s opportunities to earn NIL compensation, from using any of the following
property that belongs to the institution:
▪ Facilities;
▪ Equipment;
▪ Apparel;
▪ Uniforms;
▪ Intellectual property, including logos, indicia, products protected by copyright, and
registered or unregistered trademarks.11
Scholarships
The bill addresses scholarship eligibility for a student-athlete who engages in certain NIL
activities. Under continuing law, earning NIL compensation cannot affect a student-athlete’s
scholarship eligibility or renewal. Additionally, under the bill, a student-athlete’s scholarship
eligibility or renewal cannot be affected because the student-athlete obtains professional
representation from an athlete agent or attorney.12
The bill eliminates a provision that specifies a scholarship from an institution at which a
student is enrolled is not NIL compensation. It also eliminates a prohibition against an institution
revoking or reducing a scholarship because a student earns NIL compensation.13
Remedies and immunities
Under the bill, a student-athlete alleging an injury because an institution or athletic
authority has violated the bill may sue in any court for injunctive relief. An institution or
institutional marketing associate alleging it has been subjected by an athletic authority to any
actual or threatened complaint, investigation, penalty, or other adverse action for engaging in
10 R.C. 3376.06.
11 R.C. 3376.10.
12 R.C. 3376.02.
13 R.C. 3376.05 (repealed).
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any conduct authorized under the bill may sue in any court for damages, injunctive relief,
reasonable attorney’s fees, or any other appropriate relief.
An institution or associate is not liable for any damages that result from a
student-athlete’s inability to earn NIL compensation. An employee of an institution or associate
is not liable for any damages that result from a student-athlete’s inability to earn NIL
compensation because of a decision or action that routinely occurs in the course of
intercollegiate athletics.14
Student-athlete employment status
Under continuing law, a student-athlete is not an employee of an institution by
participating in its athletic program. Nor, under the bill, is a student-athlete an employee because
the institution compensates the student-athlete for use of the student-athlete’s NIL.15 Thus,
under the bill, it appears that a student-athlete may not be an employee of an institution at least
for state labor law purposes because the student-athlete receives NIL compensation from the
institution.
It is not clear, however, whether that student-athlete would be considered an employee
under federal labor law, including under the federal Fair Labor Standards Act 16 (FLSA) or the
National Labor Relations Act17 (NLRA). The FLSA prescribes minimum wage and overtime pay
requirements for employees working for employers covered by it.18 With respect to private
colleges, the NLRA governs labor relations and collective bargaining between private employers
and their employees.19 In determining whether an employment relationship exists for FLSA
purposes, the “economic reality” of the relationship between an individual and employer is
examined.20 Employment status determinations under the NLRA are made by examining, among
other factors, whether the employer has the right to control an individual’s work.21
Professional representation
As noted above, continuing law and the bill include several prohibitions against certain
actions being taken against a student-athlete or institution because a student-athlete obtains
professional representation. Under the bill, these prohibitions apply with respect to professional
14 R.C. 3376.12.
15 R.C. 3376.11 (renumbered from R.C. 3345.56).
16 29 United States Code (U.S.C.) 201, et seq.
17 29 U.S.C. 151, et seq.
18 29 U.S.C. 206 and 207.
19 See, e.g., 29 U.S.C. 157 and 158.
20 29 U.S.C. 203, 29 Code of Federal Regulations 795.105, and see Donovan v. Brandel, 736 F.2d 1114
(6th Cir. 1984) and Johnson v. NCAA, 2024 U.S. App. LEXIS 16953, *30 (3rd Cir. 2024).
21SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019), slip op. at 1 and see Dartmouth College v. Service
Employees International Union, Local 560, NLRB Case No. 01-RC-325633, 2024 NLRB Reg. Dir. Dec. LEXIS
17 (February 5, 2024).
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representation obtained from an athlete agent or attorney.22 An athlete agent includes anyone
who attempts to market an athlete or an athlete’s reputation, who attempts to obtain
employment for an athlete as a professional athlete, or who seeks to enter into certain types of
athletic contracts with an athlete. To act as an athlete agent, an individual, including an attorney,
must hold a certificate of registration or certificate of convenience issued under the Athlete
Agent Law.23 Under continuing law, an athlete agent must include in a contract with an at