Senate Education Committee Amendment
H 4957 - Session 125 (2023-2024)
Intercollegiate athlete name, image, and likeness compensation

The Committee on Education proposes the following amendment (SEDU-4957.DB0002S):

Amend the bill, as and if amended, SECTION 2, Section 59-158-20(4), by adding an item to read:

 (C) No appropriated funds of an institution of higher learning may be used to pay an intercollegiate athlete compensation for the use of their name, image, and likeness.

Amend the bill further, SECTION 4, by striking Section 59-158-40(2) and inserting:

  (2) obtaining an athlete agent for the purpose of securing compensation for the use of his name, image, or likeness.
 (A) An institution of higher learning may prohibit an intercollegiate athlete from using his name, image, or likeness for compensation if the proposed use of his name, image, or likeness conflicts with institutional values as defined by the institution of higher learning.
  (2) An intercollegiate athlete may not earn compensation for the use of his name, image, or likeness for the endorsement of tobacco, alcohol, illegal substances or activities, banned athletic substances, or gambling including, but not limited to, sports betting.
 (C) An institution of higher learning must disclose known prohibitions for the use of an intercollegiate athlete's name, image, or likeness at the time that an intercollegiate athlete is admitted to the institution of higher learning or when the intercollegiate athlete signs a financial aid agreement or team contract.(B) An institution of higher learning or any officers, trustees, directors employees, including athletics coaching staff, may not be liable for any damages to an intercollegiate athlete's ability to earn compensation for the use of the intercollegiate athlete's name, image, or likeness resulting from decisions or actions routinely taken in the course of intercollegiate athletics.
 (C) An athletic association, an athletic conference, or any other group or organization with authority over an intercollegiate athletic program at an institution of higher learning to which this chapter applies may not:

Amend the bill further, SECTION 8, by striking Section 59-102-100(H) and inserting:

 (H) An agency contract for name, image, or likeness activities, as defined in Chapter 158, Title 59, may provide for athlete agent compensation but may not exceed thirty percent of the name, image, or likeness contract.