1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1786 By: Thompson (Kristen)
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6 AS INTRODUCED
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7 An Act relating to the Student Athlete Name, Image
7 and Likeness Rights Act; amending 70 O.S. 2021,
8 Sections 820.23, as amended by Section 2, Chapter
8 315, O.S.L. 2023, 820.25, as amended by Section 4,
9 Chapter 315, O.S.L. 2023, and Section 6, Chapter 315,
9 O.S.L. 2023 (70 O.S. Supp. 2023, Sections 820.23,
10 820.25, and 820.27), which relate to compensation,
10 limitations on contracts, and restrictions on
11 collegiate athletic associations; removing
11 prohibition for certain compensation; authorizing
12 certain representation or compensation; providing
12 exception to certain contractual requirement;
13 modifying prohibitions for certain associations or
13 institutions; extending liability protections to
14 certain officers; and providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 70 O.S. 2021, Section 820.23, as
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19 amended by Section 2, Chapter 315, O.S.L. 2023 (70 O.S. Supp. 2023,
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20 Section 820.23), is amended to read as follows:
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21 Section 820.23. A. Except as otherwise provided in the Student
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22 Athlete Name, Image and Likeness Rights Act, a student athlete may
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23 earn compensation for the use of the name, image, or likeness of the
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24 student athlete while enrolled at a postsecondary institution
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 1 without penalty or resulting limitation on participation.
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2 Compensation for the use of a student athlete’s name, image, or
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3 likeness shall not affect the student athlete’s eligibility for
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4 athletic grant-in-aid.
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5 B. A student athlete shall not earn compensation in exchange
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6 for his or her athletic performance or participation in
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7 intercollegiate athletics or sports competition. Compensation shall
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8 not be provided as an inducement for athletic performance or to
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9 attend or enroll at a particular institution.
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10 C. A If not prohibited by a collegiate athletic association, a
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11 postsecondary institution or an officer, director, or employee of
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12 such a third party authorized to act on behalf of the postsecondary
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13 institution shall not may provide professional representation, or
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14 compensate or cause compensation to be directed to, or both, a
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15 current or prospective student athlete for his or her name, image,
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16 or likeness unless otherwise if permitted by a collegiate athletics
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17 association and institutional policy.
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18 D. C. A collegiate athletic association shall not prohibit a
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19 postsecondary institution from identifying, facilitating, enabling,
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20 or supporting opportunities for a student athlete to earn
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21 compensation for the student athlete’s name, image, or likeness
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22 activities.
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 1 E. D. The provisions of this section shall not be construed to
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2 qualify a student athlete as an employee of a postsecondary
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3 institution.
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4 SECTION 2. AMENDATORY 70 O.S. 2021, Section 820.25, as
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5 amended by Section 4, Chapter 315, O.S.L. 2023 (70 O.S. Supp. 2023,
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6 Section 820.25), is amended to read as follows:
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7 Section 820.25. A. A student athlete shall not use a
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8 postsecondary institution’s marks for the purpose of securing
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9 compensation for use of his or her name, image, or likeness unless
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10 authorized by the postsecondary institution.
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11 B. A student athlete shall not enter into a name, image, and
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12 likeness agreement involving a commercial product or service that
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13 conflicts with a written policy of the postsecondary institution or
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14 that negatively impacts or reflects adversely on the postsecondary
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15 institution or its athletic programs including, but not limited to,
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16 generating public disrepute, embarrassment, scandal, ridicule or
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17 otherwise negatively impacting the reputation or the moral or
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18 ethical standards of the postsecondary institution.
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19 C. A contract for the use of a student athlete’s name, image,
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20 or likeness or a contract for professional representation related to
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21 name, image, or likeness that is formed while the student athlete is
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22 participating in an intercollegiate sport at a postsecondary
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23 educational institution may not extend beyond the student athlete’s
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24 participation in the sport at the institution unless the contract is
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 1 between the student athlete and the postsecondary institution or a
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2 third party authorized to act on behalf of the postsecondary
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3 institution.
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4 D. A postsecondary institution may adopt reasonable time,
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5 place, and manner restrictions to prevent a student athlete’s name,
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6 image, or likeness activities from interfering with team activities,
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7 the postsecondary institution’s operations, or the use of the
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8 institution’s facilities. A postsecondary institution may receive
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9 compensation for the use of its institutional marks or facilities in
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10 conjunction with a student athlete’s name, image, and likeness
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11 activities.
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12 E. A collegiate athletic association shall not prohibit a
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13 postsecondary institution from establishing agreements with a third-
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14 party entity third party to act on its behalf to identify,
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15 facilitate, enable, or support student athlete name, image, and
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16 likeness activities.
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17 F. An institution may require a student athlete to take courses
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18 or receive education or training in contracts, financial literacy,
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19 or any other subject the postsecondary institution deems necessary
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20 to prepare a student athlete to engage in name, image, and likeness
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21 activities.
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22 SECTION 3. AMENDATORY Section 6, Chapter 315, O.S.L.
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23 2023 (70 O.S. Supp. 2023, Section 820.27), is amended to read as
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24 follows:
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 1 Section 820.27. A. A collegiate athletic association shall not
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2 and shall not authorize its member institutions to:
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3 1. Prevent a student athlete at a postsecondary institution
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4 from earning compensation from for the use of his or her name,
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5 image, or likeness;
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6 2. Provide a prospective student athlete with compensation in
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7 relation to the use of his or her name, image, or likeness;
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8 3. Penalize a student athlete or prevent a student athlete from
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9 full participation in an intercollegiate sport because he or she
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10 obtains professional representation or receives assistance with
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11 services associated with name, image, or likeness activities
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12 including with contracts or other legal matters from an individual,
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13 entity, or a postsecondary institution; or
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14 4. 3. Allow compensation earned by a student athlete for the
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15 use of his or her name, image, or likeness or athletic reputation to
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16 affect the amount, duration, or renewal of or eligibility for any
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17 athletic grant-in-aid or other institutional scholarship; provided,
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18 however, compensation earned by a student athlete for the use of his
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19 or her name, image, or likeness or athletic reputation may be used
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20 for the calculation of income for determining eligibility for need-
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21 based financial aid.
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22 B. A collegiate athletic association shall not and shall not
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23 authorize its member institutions to:
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 1 1. Prevent a postsecondary institution from participation in
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2 intercollegiate athletics because a student athlete in attendance
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3 has previously earned or intends to earn compensation for the use of
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4 his or her name, image, or likeness;
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5 2. Entertain a complaint, open an investigation, or take any
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6 other adverse action against a postsecondary institution for
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7 engaging in any activity protected in the Student Athlete Name,
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8 Image and Likeness Rights Act or for involvement in student athlete
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9 name, image, or likeness activities; or
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10 3. Penalize a postsecondary institution from participation in
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11 intercollegiate athletics because an individual or entity whose
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12 purpose includes supporting or benefitting the postsecondary
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13 institution or its athletic programs violates the collegiate
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14 athletic association’s rules or regulations with regard to student
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15 athlete name, image, or likeness activities.
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16 C. No postsecondary institution’s officers or employees,
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17 including athletics coaching staff, shall be liable for any damages
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18 to a student athlete’s ability to earn compensation for the use of
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19 the student athlete’s name, image, or likeness resulting from
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20 decisions and actions routinely taken in the course of
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21 intercollegiate athletics.
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22 SECTION 4. This act shall become effective November 1, 2024.
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24 59-2-2291 TEK 1/17/2024 2:31:07 PM
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Statutes affected:
Introduced: 70-820.23, 70-820.25
Floor (House): 70-820.23, 70-820.25
Floor (Senate): 70-820.23, 70-820.25
Engrossed: 70-820.23, 70-820.25
Enrolled (final version): 70-820.23, 70-820.25