Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 449 (2025GS)

Sponsor

Rep. Teuscher, Jordan D.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• makes technical and conforming changes;
• allows an institution of higher education to use certain funds to compensate a student athlete directly for the use of the student athlete's name, image, or likeness;
• provides certain protections to institutions and student athletes; and
• creates an audit requirement for the Utah Board of Higher Education.

Every vote on this bill

Bill text

12
53B-1-301
53B-16-601
53B-16-602
Student Athlete Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
LONG TITLE
General Description:
This bill creates provisions related to an institution compensating a student athlete for the 
use of the student athlete's name, image, or likeness.
Highlighted Provisions:
This bill:
defines terms;
makes technical and conforming changes;
allows an institution of higher education to use certain funds to compensate a student 
athlete directly for the use of the student athlete's name, image, or likeness;
provides certain protections to institutions and student athletes; and
creates an audit requirement for the Utah Board of Higher Education.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-1-301
, as last amended by Laws of Utah 2024, Chapter 3
53B-16-601
, as enacted by Laws of Utah 2024, Chapter 49
53B-16-602
, as enacted by Laws of Utah 2024, Chapter 49
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53B-1-301
 is amended to read:
53B-1-301. Reports to and actions of the Higher Education Appropriations 
Subcommittee.
(1)
In accordance with applicable provisions and Section 
68-3-14
, the following recurring 
reports are due to the Higher Education Appropriations Subcommittee:
(a)
the reports described in Sections 
53B-1-116
, 
53B-1-117
, and 
53B-1-118
;
(b)
the reports described in Sections 
34A-2-202.5
, 
53B-30-206
, and 
59-9-102.5
 by the 
Rocky Mountain Center for Occupational and Environmental Health;
(c)
the report described in Section 
53B-7-101
 by the board on recommended 
appropriations for higher education institutions, including the report described in 
Section 
53B-8-104
 by the board on the effects of offering nonresident partial tuition 
scholarships;
(d)
the report described in Section 
53B-7-704
 by the Department of Workforce Services 
and the Governor's Office of Economic Opportunity on targeted jobs;
(e)
the reports described in Section 
53B-7-705
 by the board on performance;
(f)
the report described in Section 
53B-8-201
 by the board on the Opportunity 
Scholarship Program;
(g)
the report described in Section 
53B-8d-104
 by the Division of Child and Family 
Services on tuition waivers for wards of the state;
(h)
the report described in Section 
53B-13a-103
 by the board on the Utah Promise 
Program;
(i)
the report described in Section 
53B-16-602
 by the board on a state institution 
compensating a student athlete for the use of the student athlete's name, image, or 
likeness;
(i)
(j)
the report described in Section 
53B-17-201
 by the University of Utah regarding 
the Miners' Hospital for Disabled Miners;
(j)
(k)
the report described in Section 
53B-26-202
 by the Medical Education Council on 
projected demand for nursing professionals;
(k)
(l)
the report described in Section 
53B-35-202
 regarding the Higher Education and 
Corrections Council; and
(l)
(m)
the report described in Section 
53E-10-308
 by the State Board of Education and 
board on student participation in the concurrent enrollment program.
(2)
In accordance with applicable provisions and Section 
68-3-14
, the following occasional 
reports are due to the Higher Education Appropriations Subcommittee:
(a)
upon request, the information described in Section 
53B-8a-111
 submitted by the 
Utah Educational Savings Plan;
(b)
a proposal described in Section 
53B-26-202
 by an eligible program to respond to 
projected demand for nursing professionals; and
(c)
a report in 2023 from Utah Valley University and the Utah Fire Prevention Board on 
the fire and rescue training program described in Section 
53B-29-202
.
(3)
In accordance with applicable provisions, the Higher Education Appropriations 
Subcommittee shall complete the following:
(a)
an appropriation recommendation described in Section 
53B-1-118
 regarding 
compliance with Subsections 
53B-1-118
(5) and (14);
(b)
as required by Section 
53B-7-703
, the review of performance funding described in 
Section 
53B-7-703
;
(c)
an appropriation recommendation described in Section 
53B-26-202
 to fund a 
proposal responding to projected demand for nursing professionals; and
(d)
review of the report described in Section 
63B-10-301
 by the University of Utah on 
the status of a bond and bond payments specified in Section 
63B-10-301
.
Section 2, Section 
53B-16-601
 is amended to read:
53B-16-601. Definitions.
As used in this part:
(1)
"Athlete agent" means the same as that term is defined in Section 
58-87-102
.
(2)
"Athletic entity" means an athletic association, athletic conference, or other group or 
organization with authority over intercollegiate athletics.
(3)
"Institution" means:
(a)
an institution of higher education described in Section 
53B-1-102
; or
(b)
a private, nonprofit institution of higher education.
(4)
(a)
"Institutional marketing associate" means a third-party entity that enters into a 
contract with, or acts on behalf of, an institution or intercollegiate athletics program.
(b)
"Institutional marketing associate" does not include:
(i)
an institution;
(ii)
an athletic entity; or
(iii)
a staff member, employee, officer, director, manager, or owner of an institution.
(2)
(5)
"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.
(3)
(6)
"Prohibited endorsement provision" means a provision that requires or permits the 
use of a student athlete's name, image, or likeness to promote:
(a)
a tobacco product 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.
(4)
(7)
(a)
"Student athlete" means an individual who:
(i)
is enrolled in an institution; and
(ii)
participates as an athlete for the institution in an intercollegiate athletics program.
(b)
"Student athlete" includes an agent or other representative of a student athlete.
(5)
(8)
"Student athlete agreement" means a proposed or executed contract:
(a)
between a student athlete and a third party that is not an institution; and
(b)
in which the student athlete and third party agree that the student athlete's name, 
image, or likeness may be used to promote a business, product, service, or individual 
in exchange for the student athlete receiving financial compensation or other benefits.
(9)
"Third-party entity" means an individual or organization, other than an athletic entity, 
with authority over intercollegiate athletics.
Section 3, Section 
53B-16-602
 is amended to read:
53B-16-602. Use of a student athlete's name, image, or likeness in intercollegiate 
athletics programs -- Contracts -- Exceptions -- Prohibitions.
(1)
An institution may:
(a)
except as provided in Subsection 
(2)
, compensate a student athlete directly for use of 
the student athlete's name, image, or likeness; and
(b)
provide funds, assets, resources, or benefits to an institutional marketing associate or 
third-party entity to incentivize the institutional marketing associate or third-party 
entity to facilitate opportunities for a student athlete to earn compensation for use of 
the student athlete's name, image, or likeness.
(2)
An institution may not compensate a student athlete or prospective student athlete for 
use of the student athlete's name, image, or likeness through:
(a)
state funds;
(b)
funds the Legislature appropriates;
(c)
a fee a student attending an institution pays to the institution; or
(d)
a fee an individual pays to the institution on behalf of a student attending an 
institution.
(3)
A contract between an institution and a student athlete that provides a student athlete 
with compensation for the use of the student athlete's name, image, or likeness is a 
public record subject to Title 63G, Chapter 2, Government Records Access and 
Management Act.
(4)
(a)
A student athlete may not enter into a student athlete agreement that contains a 
prohibited endorsement provision.
(2)
(b)
Before a student athlete or prospective student athlete enters into a student 
athlete agreement that exceeds $600 in value, the student athlete or proposed student 
athlete shall provide the student athlete agreement to the student athlete's or proposed 
student athlete's institution.
(3)
(c)
An institution that receives a student athlete agreement under Subsection 
(2)
(4)(b)
 shall provide the student athlete or prospective student athlete with a written 
acknowledgment regarding whether the student athlete agreement conflicts with the 
institution's policies or the provisions in this part.
(4)
(d)
A student athlete agreement or any communication, or other material related to a 
student athlete agreement, including those created before May 1, 2024, is not subject 
to Title 63G, Chapter 2, Government Records Access Management Act.
(5)
An institution may not use funds appropriated by the Legislature for any purpose 
related to a student athlete's or prospective student athlete's student athlete agreement 
that the student athlete or prospective student athlete submits to the institution.
(5)
A student athlete attending an institution is not an employee of the institution through:
(a)
the student athlete's participation in an athletic program the institution offers; or
(b)
the institution compensating the student athlete for use of the student athlete's name, 
image, or likeness.
(6)
The board shall:
(a)
beginning fiscal year 2028 and every five years thereafter, conduct an audit of each 
state institution that evaluates:
(i)
money an institution expends to directly compensate a student athlete for the use 
of the student athlete's name, image, or likeness; and
(ii)
the implementation and use of payments by an institution to a student athlete for a 
student athlete's name, image, or likeness; and
(b)
prepare and submit a written report for the audit described in Subsection 
(6)(a)
 to the 
Education Interim Committee and the Higher Education Appropriations 
Subcommittee.
(7)
An athletic entity may not:
(a)
prevent a student athlete of an institution from fully participating in intercollegiate 
athletics because the student athlete:
(i)
earns compensation through the student athlete's name, image, or likeness or any 
other compensation related to the student athlete's position on the roster of an 
intercollegiate athletics team; or
(ii)
obtains professional representation from an athlete agent or attorney;
(b)
prevent an institution from becoming a member of an athletic entity or from 
participating in intercollegiate athletics that an athletic entity sponsors because a 
student athlete of an institution or college participating in intercollegiate athletics:
(i)
earns compensation from the use of the student athlete's name, image, or likeness 
or any other compensation related to the student athlete's position on the roster of 
an intercollegiate athletics team; or
(ii)
obtains professional representation from an athlete agent or attorney;
(c)
consider a complaint, initiate an investigation, or take any adverse action against an 
institution, institutional marketing associate, or third-party entity for engaging in 
conduct authorized under this section;
(d)
penalize or prevent an institution or student athlete from participating in 
intercollegiate athletics because an individual or third-party entity, whose purpose 
includes supporting or benefiting the institution or student athlete, violates a rule or 
regulation of the athletic entity that addresses compensation for use of a student 
athlete's name, image, or likeness;
(e)
prevent an institution, institutional marketing associate, or third-party entity from:
(i)
creating and supporting opportunities for a student athlete to earn compensation 
for use of the student athlete's name, image, or likeness; or
(ii)
compensating a student athlete for use of the student athlete's name, image, or 
likeness; and
(f)
prevent any other compensation.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-7-25 1:55 PM