ENGROSSED SUBSTITUTE SENATE BILL 5942
State of Washington 67th Legislature 2022 Regular Session
By Senate Law & Justice (originally sponsored by Senators Frockt,
Pedersen, and Hunt; by request of Uniform Law Commission)
READ FIRST TIME 02/03/22.
1 AN ACT Relating to the uniform college athlete name, image, or
2 likeness act; amending RCW 42.56.270; adding a new chapter to Title
3 63 RCW; and prescribing penalties.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. SHORT TITLE. This act may be known and
6 cited as the uniform college athlete name, image, or likeness act.
7 NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this
8 section apply throughout this chapter unless the context clearly
9 requires otherwise.
10 (1) "Athletic association" means a nonprofit intercollegiate
11 sport governance association that regulates the eligibility of
12 players and institutions.
13 (2) "College athlete" means an individual who attends or is
14 eligible to attend an institution and engages in or is eligible to
15 engage in an intercollegiate sport regulated by an athletic
16 association. The term does not include an individual:
17 (a) Participating in a sport in kindergarten through grade 12 or
18 at a youth, preparatory school, recreation, or similar level; or
19 (b) Permanently ineligible to participate in a particular
20 intercollegiate sport for that sport.
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 1 (3) "Conference" means an association, other than a national
2 athletic association, that sponsors or arranges amateur
3 intercollegiate athletic competition between institutions of higher
4 education and sets common rules, standards, procedures, or guidelines
5 for the association.
6 (4) "Enrolled" means registered for courses and listed on the
7 squad list for an athletic program regulated by an athletic
8 association at an institution. "Enrolls" has a corresponding meaning.
9 (5) "Financial aid" means athletics-related aid offered or
10 provided by an institution to a prospective or current college
11 athlete.
12 (6) "Group license" means a name, image, or likeness agreement
13 that covers the name, image, or likeness of more than one college
14 athlete.
15 (7) "Institution" means a public or private institution of higher
16 education in this state, including a community college, junior
17 college, college, and university. "Institution" includes all
18 institutions of higher education as defined in RCW 28B.10.016.
19 (8) "Intercollegiate sport" means a sport played at the
20 collegiate level for which eligibility requirements for participation
21 by a college athlete are established by an athletic association.
22 "Intercollegiate sport" does not include a recreational, intramural,
23 or club sport.
24 (9) "Name, image, or likeness" means "name" and "likeness" as
25 defined in RCW 63.60.020.
26 (10) "Name, image, or likeness activity" means licensing,
27 transferring, or other commercial use of a name, image, or likeness.
28 (11) "Name, image, or likeness agent" means an individual who:
29 (a) Directly or indirectly recruits or solicits a college athlete
30 or, if the athlete is a minor, the athlete's parent or guardian, to
31 enter into an agency contract or name, image, or likeness agreement;
32 (b) Enters into an agency contract with an athlete or, if the
33 athlete is a minor, the athlete's parent or guardian;
34 (c) Directly or indirectly offers, promises, attempts, or
35 negotiates to obtain name, image, or likeness compensation or a name,
36 image, or likeness agreement; or
37 (d) Is an "athlete agent" as defined in RCW 19.225.010.
38 (12) "Name, image, or likeness agreement" means an express or
39 implied agreement, oral or in a record, under which a third party
40 provides name, image, or likeness compensation.
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 1 (13) "Name, image, or likeness compensation" means money or other
2 thing of value provided by a third party in exchange for use of a
3 college athlete's name, image, or likeness.
4 (14) "Person" means an individual, estate, business or nonprofit
5 entity, public corporation, government or governmental subdivision,
6 agency, or instrumentality, or any other legal or commercial entity.
7 (15) "Record" means information:
8 (a) Inscribed on a tangible medium; or
9 (b) Stored in an electronic or other medium and retrievable in
10 perceivable form.
11 (16) "Recruit or solicit" has the same meaning as in RCW
12 19.225.010.
13 (17) "State" means a state of the United States, the District of
14 Columbia, Puerto Rico, the United States Virgin Islands, or any other
15 territory or possession subject to the jurisdiction of the United
16 States.
17 (18) "Student" means an individual enrolled at an institution
18 under the rules of the institution.
19 (19) "Third party" means a person, other than an institution,
20 that offers, solicits, or enters into a name, image, or likeness
21 agreement or offers or provides name, image, or likeness
22 compensation.
23 NEW SECTION. Sec. 3. SCOPE. (1) This chapter applies only to
24 college athletes and intercollegiate sports.
25 (2) This chapter does not create an employment relationship
26 between a college athlete and the athlete's institution with respect
27 to the athlete's participation in an intercollegiate sport. This
28 chapter may not be used as a factor in determining whether an
29 employment relationship exists.
30 NEW SECTION. Sec. 4. RULE-MAKING AUTHORITY. When requested by
31 at least one institution, the Washington student achievement council
32 shall convene a committee of representatives from institutions within
33 the state that oversee at least one intercollegiate athletics program
34 regulated by an association. This committee may be made up of members
35 chosen by each individual institution and may adopt rules under
36 chapter 34.05 RCW to administer and implement this chapter.
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1 NEW SECTION. Sec. 5. NAME, IMAGE, OR LIKENESS ACTIVITY AND
2 COMPENSATION—LIMIT ON INSTITUTION, CONFERENCE, AND ATHLETIC
3 ASSOCIATION. (1) Except as provided in section 6 of this act, this
4 chapter does not limit the ability of a college athlete to engage in
5 name, image, or likeness activity to the extent permitted under other
6 law of Washington state.
7 (2) Except as provided in section 6 of this act:
8 (a) An institution, conference, or athletic association may not:
9 (i) Prevent or restrict a college athlete from:
10 (A) Receiving name, image, or likeness compensation;
11 (B) Entering into a name, image, or likeness agreement;
12 (C) Engaging in name, image, or likeness activity;
13 (D) Obtaining the services of a name, image, or likeness agent;
14 or
15 (E) Creating or participating in a group license; or
16 (ii) Interfere with the formation or recognition of a collective
17 representative to facilitate or provide representation to negotiate a
18 group license;
19 (b) An athletic association may not prevent or restrict an
20 institution or college athlete from participating in an
21 intercollegiate sport because the athlete receives name, image, or
22 likeness compensation, enters into a name, image, or likeness
23 agreement, engages in name, image, or likeness activity, or obtains
24 the services of a name, image, or likeness agent; and
25 (c) Receipt of name, image, or likeness compensation may not
26 affect eligibility of a college athlete or the duration, amount, or
27 renewal of an athletic scholarship.
28 NEW SECTION. Sec. 6. LIMIT ON NAME, IMAGE, OR LIKENESS ACTIVITY
29 AND COMPENSATION. (1) Unless the use is permitted under intellectual
30 property law and approved by the applicable institution, conference,
31 or athletic association, a college athlete may not include in name,
32 image, or likeness activity an institution, conference, or athletic
33 association name, trademark, service mark, logo, uniform design, or
34 other identifier of athletic performance depicted or included in a
35 media broadcast or related game footage.
36 (2) Name, image, or likeness compensation or an offer, promise,
37 or solicitation of compensation:
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 1 (a) May not attempt to influence the decision of a college
2 athlete to attend, continue attending, or transfer to an institution
3 or an institution in a conference;
4 (b) Must represent only consideration for use of the college
5 athlete's name, image, or likeness or for work actually performed;
6 (c) May not include compensation for the college athlete's
7 enrollment at a specific institution, or the college athlete's
8 specific performance, participation, or service in an intercollegiate
9 sport; and
10 (d) May not include compensation for the college athlete's
11 endorsement of a banned substance or of sports wagering.
12 (3) A college athlete may not express or imply that an
13 institution, conference, or athletic association endorses or is
14 otherwise affiliated with the athlete's name, image, or likeness
15 activity.
16 (4) An institution may adopt a policy to prevent a college
17 athlete from engaging in name, image, or likeness activity that is
18 illegal or, if the institution complies with the same policy with
19 respect to the institution's sponsorships, multimedia rights, apparel
20 agreement, facility naming rights, licensing, and similar activity,
21 the institution determines has an adverse impact on its reputation.
22 An institution that adopts a policy under this subsection shall
23 disclose the policy and the institution's rationale in a record
24 maintained on the institution's website that is accessible by the
25 public and electronically searchable.
26 (5) An institution may adopt and enforce rules of conduct
27 relating to name, image, or likeness activity that apply when the
28 college athlete is engaged in an official team activity. An official
29 team activity includes a competition, practice, supervised workout,
30 community service activity done at the direction of, or supervised
31 by, a member of the institution's coaching or sport staff, and/or any
32 other event that has been organized or authorized by an athletics
33 representative of an institution, association, or conference
34 regardless of whether such event occurs on or off the campus of an
35 institution or during or outside the applicable season for
36 competition.
37 (6) An institution, conference, or athletic association may
38 require a college athlete to waive a name, image, or likeness right
39 associated with promotion, display, broadcast, or rebroadcast related
40 to an intercollegiate sport, or the institution.
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 1 NEW SECTION. Sec. 7. INSTITUTION INVOLVEMENT. (1) An
2 institution may:
3 (a) Assist a college athlete:
4 (i) In evaluating the permissibility of name, image, or likeness
5 activity, including compliance with law and institution rules or
6 policy;
7 (ii) With the disclosure requirements of section 8 of this act;
8 (iii) By providing good faith advising and evaluation of name,
9 image, or likeness activity including agent review and contract
10 review. Contract review is to be limited coordination with existing
11 university agreements and to ensure compliance with institution rules
12 and policies; and
13 (iv) In connecting or networking with third parties interested in
14 facilitating or engaging in name, image, or likeness activity with a
15 student athlete or group of student athletes;
16 (b) Educate the college athlete about name, image, or likeness
17 compensation, agreements, and activity; and
18 (c) Acknowledge and display the names or trademarks of third
19 parties that facilitate or engage in name, image, or likeness
20 activities with student athletes at the institution.
21 (2) An institution may permit a college athlete to use the
22 institution's facilities for name, image, or likeness activity under
23 the same terms and conditions as other students at the institution.
24 (3) Except as provided in subsections (1) and (2) of this
25 section, an institution and its employees, agents, and independent
26 contractors may not:
27 (a) Provide compensation to a college athlete for the athlete's
28 name, image, or likeness;
29 (b) Assist with selecting, arranging for, or providing payment to
30 a name, image, or likeness agent;
31 (c) Assist with selecting, arranging for, or collecting payment
32 from a third party engaged in specific name, image, or likeness
33 agreements with a college athlete or athletes.
34 (4) No state employee whose job responsibilities include working
35 with or advising college athletes or an institution shall be found in
36 violation of chapter 42.52 RCW for good faith work-related activity
37 permitted by this chapter.
38 NEW SECTION. Sec. 8. REQUIRED DISCLOSURES. (1) In addition to
39 any applicable institution policy, a college athlete shall provide or
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 1 disclose to the individual or office designated under subsection (2)
2 of this section:
3 (a) A copy of a name, image, or likeness agreement that provides
4 name, image, or likeness compensation to the athlete or the athlete's
5 designee in an amount more than $300 or, if a record of the agreement
6 does not exist, the amount of name, image, or likeness compensation
7 provided or to be provided, if the amount is more than $300;
8 (b) The amount of name, image, or likeness compensation provided
9 to the athlete or the athlete's designee if the aggregate amount is
10 more than $2,000 in a calendar year and a copy of each name, image,
11 or likeness agreement if a record of the agreement exists;
12 (c) For each agreement or amount that must be provided:
13 (i) The arrangement for providing compensation;
14 (ii) The amount of compensation;
15 (iii) The identity of and a description of the relationship with
16 the third party;
17 (iv) The activity required or authorized;
18 (v) If the athlete is represented by a name, image, or likeness
19 agent, the name of and a description of the agreement with the agent;
20 and
21 (vi) The approval from an institution required by section 6(1) of
22 this act, if applicable;
23 (d) A copy of each agreement entered into by the athlete with a
24 name, image, or likeness agent; and
25 (e) Other information required by the Washington student
26 achievement council.
27 (2) An institution shall designate an individual or office to
28 receive the information required by subsection (1) of this section.
29 (3) A college athlete shall provide:
30 (a) The information required by subsection (1) of this section
31 before the earlier of:
32 (i) Receiving name, image, or likeness compensation required to
33 be disclosed; or
34 (ii) Engaging in a name, image, or likeness activity required to
35 be disclosed; and
36 (b) An update after a change in any of the information required
37 by subsection (1) of this section, not later than 10 days after the
38 earlier of the change or the next scheduled athletic event in which
39 the athlete may participate.
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 1 (4) If an institution voluntarily, or as required by this
2 chapter, adopts a limitation affecting a college athlete's ability to
3 engage in name, image, or likeness activity, the institution shall
4 provide in a record a copy of the limitation on its website that is
5 accessible by the public and electronically searchable and to each
6 athlete the institution expects to participate in an intercollegiate
7 sport:
8 (a) At or before the time an offer of admission or financial aid
9 is made, whichever is earlier; or
10 (b) If the limitation is adopted after the athlete is a student
11 at the institution, as soon as practicable after adoption.
12 (5) A name, image, or likeness agreement must contain a statement
13 that the agreement is the sole, complete, and final agreement between
14 the parties. The statement must be made by:
15 (a) The college athlete or, if the athlete is a minor, the parent
16 or guardian of the athlete;
17 (b) The third party; and
18 (c) If a name, image, or likeness agent provided service in
19 connection with the agreement, the agent.
20 NEW SECTION. Sec. 9. REGISTRATION AS A NAME, IMAGE, OR LIKENESS
21 AGENT—DUTIES—FEE ARRANGEMENTS. (1) A name, image, or likeness agent
22 shall register in Washington state as an athlete agent under chapter
23 19.225 RCW before engaging in conduct under this chapter.
24 (2) An agreement between a college athlete and a name, image, or
25 likeness agent must have a fee arrangement consistent with the
26 customary practice of the agent's industry and otherwise complying
27 with chapter 19.225 RCW.
28 NEW SECTION. Sec. 10. PROHIBITED CONDUCT BY THIRD PARTY. A
29 third party may not intentionally:
30 (1) Give materially fa