Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 202 First Substitute (2024GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/12/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• provides for certain allowed and prohibited uses of a student athlete's name, image, or likeness;
• allows certain parties to:
• assist and recruit a student athlete;
• provide benefits to certain donors; and
• promote student athletes; and
• prohibits certain athletic organizations from imposing certain restrictions.

Every vote on this bill

Bill text

STUDENT ATHLETE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill enacts provisions relating to the use of the name, image, or likeness of a
student athlete who participates in an institution's collegiate athletic program.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides for certain allowed and prohibited uses of a student athlete's name, image,
or likeness;
▸ allows certain parties to:
• assist and recruit a student athlete;
• provide benefits to certain donors; and
• promote student athletes; and
▸ prohibits certain athletic organizations from imposing certain restrictions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53B-16-601
, Utah Code Annotated 1953
53B-16-602
, Utah Code Annotated 1953
53B-16-603
, Utah Code Annotated 1953
53B-16-604
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-16-601
 is enacted to read:
Part 6. Use of Student Athlete's Name, Image, and Likeness in Collegiate Athletics
 53B-16-601.
Definitions.
As used in this part:
(1) "Athletic organization" means an athletic association, athletic conference, or other
group or organization with authority over an intercollegiate athletic program.
(2) "Booster" means an individual who:
(a) is or represents an alumni of an institution's collegiate athletic program;
(b) makes financial contributions to an institution's collegiate athletic program; and
(c) is considered a representative of the institution's athletics interests.
(3) "Collective" means an individual, club, or organization that:
(a) is independent from an institution's collegiate athletic program;
(b) promotes an institution's collegiate athletic program;
(c) assists an institution's collegiate athletic program to recruit prospective student
athletes; and
(d) assists or provides benefits to a student athlete who is enrolled in an institution's
collegiate athletic program, or to the enrolled student athlete's family members;
(e) facilitates activities to promote a student athlete's name, image, and likeness;
(f) makes financial contributions to an institution's collegiate athletic program;
(g) accepts donations from an institution's athletic program fans, boosters, or other
individuals and entities; or
(h) provides benefits to boosters in exchange for donations.
(4) "Collegiate athletic program contract" means a scholarship, an agreement, or a
contract entered into between an institution and a student athlete.
(5) "Institution" means:
(a) an institution of higher education described in Section 
53B-1-102
; or
(b) a private, nonprofit institution of higher education.
(6) "Intercollegiate athletics program" means an institution-sponsored athletic program
or sporting activity in which a student athlete represents the student athlete's institution in
competition against another institution.
(7) "Loyalty points program" means a point system that a collective uses to determine
recognition and priority of an institution's booster.
(8) (a) "Name, image, or likeness" means a student athlete's use of the student athlete's
name, image, or likeness:
(i) to promote a business, product, service, or individual; and
(ii) for which the student athlete may receive financial compensation or benefits for
promotion.
(b) "Name, image, or likeness" includes a student athlete's promotion of a business,
product, service, or individual through an identifiable social media account, website, or other
platform.
(9) "Prohibited endorsement" means a student athlete's endorsement of a business,
product, or service to promote:
(a) tobacco or e-cigarettes, as those terms are defined in Section 
76-10-101
, including
vaping;
(b) an alcoholic product, as that term is defined in Section 
32B-1-102
;
(c) a seller or dispenser of a controlled substance, including steroids, antibiotics, and
marijuana;
(d) gambling or betting;
(e) a sexually oriented business, as that term is defined in Section 
17-50-331
; or
(f) a firearm that the student athlete cannot legally purchase.
(10) (a) "Professional service provider" means an individual who provides third-party
services to a prospective or current student athlete relating to the use of the student athlete's
name, image, or likeness.
(b) "Professional service provider" does not include an individual who acts solely on
behalf of a professional sports team or organization.
(11) "Prohibited endorsement" means a student athlete's endorsement of a business,
product, or service to promote:
(a) tobacco or e-cigarettes, as those terms are defined in Section 
76-10-101
, including
vaping;
(b) an alcoholic product, as that term is defined in Section 
32B-1-102
;
(c) a seller or dispenser of a controlled substance, including steroids, antibiotics, and
marijuana;
(d) gambling or betting;
(e) a sexually oriented business, as that term is defined in Section 
17-50-331
; or
(f) a firearm that the student athlete cannot legally purchase.
Section 2. Section 
53B-16-602
 is enacted to read:
 53B-16-602.
Use of a student athlete's name, image, or likeness in collegiate
athletic programs -- Contracts -- Exceptions -- Prohibitions.
(1) A student athlete participating in a collegiate athletic program shall disclose to the
institution any contract entered into between the student athlete and a professional services
provider for the use of the student athlete's name, image, and likeness before entering into the
contract.
(2) A student athlete and a professional service provider who enter into a contract for
the use of the student athlete's name, image, and likeness, shall comply with state licensing
requirements and the institution's policies and procedures.
(3) Except as provided in Subsection (4), a student athlete may not enter into a contract
for the use of the student athlete's name, image, and likeness when:
(a) any provision of the contract conflicts with:
(i) the student athlete's collegiate athletic program contract;
(ii) the institution's collegiate athletic program contract;
(iii) the institution's contractual obligations; or
(iv) the institution's code of conduct and honor code policies and procedures;
(b) the student athlete receives compensation for the use of the student athlete's name,
image, or likeness in exchange for:
(i) athletic performance or participation in a collegiate athletic program;
(ii) acceptance of admission offers to or enrollment in an institution;
(iii) an act that occurs while the student athlete is engaged in an official team activity;
or
(iv) a prohibited endorsement; or
(c) the duration of the contract extends beyond the student athlete's participation in the
institution's collegiate athletic program.
(4) (a) An institution that identifies a contract provision described in Subsection (3)
shall disclose the conflict to the student athlete or the student athlete's professional service
provider in writing within seven days after the day the conflict is identified.
(b) The student athlete or the student athlete's professional service provider shall
resolve any conflicting contract provisions identified by the institution within 10 days after the
day the institution discloses the conflict.
(c) An institution may not authorize a contract for the use of the student athlete's name,
image, or likeness if the conflict identified in Subsection (3) is not resolved within the time
provided.
(5) A student athlete is not considered an employee of the institution based on the
student athlete's participation in the collegiate athletic program.
(6) A student athlete may not use an institution's facilities, uniform, registered
trademark, copyright-protected product, or official logo, mark, or other institutional insignia in
connection with a contract for the use of the student's name, image, or likeness unless:
(a) the student athlete receives the institution's written permission; and
(b) the institution receives compensation in an amount consistent with market rates.
(7) A student athlete may earn compensation from selling the student athlete's
autograph in a manner that does not otherwise conflict with this part or with an institution's
policies and procedures.
Section 3. Section 
53B-16-603
 is enacted to read:
 53B-16-603.
Institutions and athletic organizations -- Prohibitions.
(1) Notwithstanding any other provision of this part, an institution may not:
(a) adopt or enforce a policy, requirement, standard, or limitation that prohibits or
otherwise prevents a student athlete participating in an intercollegiate athletic program from:
(i) earning compensation for the use of the student athlete's name, image, or likeness
when the student athlete is not engaged in an official team activity; or
(ii) hiring a professional service provider to represent the student athlete in the use of
the student athlete's name, image, or likeness;
(b) provide or solicit from a prospective student athlete of the institution's
intercollegiate athletic program with compensation in relation to the prospective student
athlete's name, image, or likeness; or
(c) disqualify a student athlete from eligibility for a scholarship, grant, or other
financial assistance if the student athlete:
(i) earns compensation from the use of the student athlete's name, image, or likeness
when the student athlete is not engaged in an official team activity; or
(ii) hires a professional service provider to represent the student athlete in the use of
the student athlete's name, image, or likeness.
(2) An athletic organization may not:
(a) enforce the athletic organization's contract term, rule, regulation, or standard that
prohibits an institution, an institution's collegiate athletic program, an institution's booster, a
collective, or a student athlete from participating in a collegiate athletic program;
(b) prohibit an institution, an institution's collegiate athletic program, an institution's
booster, or collective from identifying, facilitating, enabling, or supporting opportunities for a
student athlete to earn compensation for use of the student athlete's name, image, or likeness;
or
(c) penalize an institution, an institution's collegiate athletic program, an institution's
booster, third-party collective, or a student athlete for supporting, performing, participating in,
or allowing an activity required or authorized under this part.
Section 4. Section 
53B-16-604
 is enacted to read:
 53B-16-604.
Disclaimer.
(1) Notwithstanding any other provision of this part, compensation does not include:
(a) an institution, an institution's athletic program, an institution's booster, or a
third-party collective from recognizing a booster, sponsor, or donor that:
(i) makes financial contributions to an institution's collegiate athletic program, booster,
or third-party collective; or
(ii) compensates the student athlete for the use of the student athlete's name, image,
and likeness;
(b) a scholarship, grant, or other financial assistance awarded to a student athlete by an
institution that covers the student athlete's costs of attendance at the institution; or
(c) a scholarship, grant, or other financial assistance awarded to a student athlete that
covers the student athlete's cost of attendance at an institution.
(2) No individual, entity, or organization may:
(a) enter into any arrangement with a prospective student athlete relating to the
prospective student athlete's name, image, or likeness prior the student athlete's enrollment in
an institution; or
(b) use inducements for future name, image, or likeness compensation to recruit a
prospective student athlete to an institution.
(3) Nothing in this part limits or prevents:
(a) an institution's collegiate athletic program's employees from promoting,
participating, or supporting an institution's booster or collective;
(b) an institution, an institution's representative or employee, or a collective from
identifying, creating, facilitating, or assisting a student athlete with opportunities to earn
compensation from a third-party for the use of a student athlete's name, image, or likeness; and
(c) a collective from creating a loyalty points program to recognize or provide benefits
to donors.
(4) Notwithstanding Subsection (3)(b), an institution, a third party acting on behalf of
the institution, an institution's employee, or collective may not:
(a) act as an agent for the student athlete;
(b) receive compensation for providing assistance;
(c) attempt to influence the student athlete's choice of professional representation in
connection with an opportunity; or
(d) attempt to diminish the student athlete's opportunities from competing third parties.
(5) Nothing in this part prevents an athletic organization from enforcing the athletic
organization's student athlete eligibility policies that do not conflict with the provisions in this
part.
Section 5. 
Effective date.
This bill takes effect on May 1, 2024.