Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 479 (2025GS)

Sponsor

Rep. Hayes, Sahara

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

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;
• creates an audit requirement for the Board of Higher Education;
• requires a degree-granting institution to:
• adopt a policy addressing abusive coaching practices; and
• report to the Education Interim Committee; and
• requires a degree-granting institution's board of trustees to review and approve a degree-granting institution's policy on abusive coaching practices.

Every vote on this bill

Bill text

9
53B-1-301
53B-16-601
53B-16-602
53B-16-701
53E-1-201
0
Student Athlete Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Sahara Hayes
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill mandates policies on abusive coaching and addresses student-athlete 
compensation for 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;
creates an audit requirement for the Board of Higher Education;
requires a degree-granting institution to:
 adopt a policy addressing abusive coaching practices; and
report to the Education Interim Committee; and
requires a degree-granting institution's board of trustees to review and approve a 
degree-granting institution's policy on abusive coaching practices.
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
53E-1-201
, as last amended by Laws of Utah 2024, Chapters 3, 460 and 525
ENACTS:
53B-16-701
, Utah Code Annotated 1953
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
another party
; 
and
(b)
in which the student athlete and 
third
other
 party agree that the student athlete's 
name, image, or likeness may be used to promote a business,
 person,
 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, except as provided in Subsection 
(2)
, compensate a student athlete 
directly 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)
funds the Legislature appropriates; or
(b)
a fee a student attending an institution pays to the institution.
(3)
(a)
A student athlete may not enter into a student athlete agreement that contains a 
prohibited endorsement provision.
(2)
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)
An institution that receives a student athlete agreement under Subsection (2)
 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)
(b)
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.
(4)
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.
(5)
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 
(5)
(a) to the 
Education Interim Committee and the Higher Education Appropriations 
Subcommittee.
(6)
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
(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
(ii)
obtains professional representation from an athlete agent or attorney; or
(c)
prevent an institution, institutional marketing associate, or third-party entity from 
creating and supporting opportunities for a student athlete to earn compensation for 
use of the student athlete's name, image, or likeness.
Section 4, Section 
53B-16-701
 is enacted to read:
53B-16-701
. Abusive coaching policies.
(1)
As used in this section:
(a)
(i)
"Abusive coaching practice" means conduct by a coach or member of the 
coaching staff that creates a harmful environment for a student athlete.
(ii)
"Abusive coaching practice" includes conduct by a coach or coaching staff with a 
student athlete that results in:
(A)
harmful or offensive physical contact;
(B)
sexual misconduct or harassment;
(C)
inappropriate sexual language; or
(D)
conduct that a reasonable person would find to be psychologically abusive.
(b)
"Athletic department" means the division of a degree-granting institution responsible 
for overseeing intercollegiate athletic programs.
(2)
A degree-granting institution shall:
(a)
address abusive coaching practices by requiring a degree-granting institution's 
athletic department to adopt a policy by November 7, 2025, that:
(i)
allows an individual to submit a complaint to the athletic department alleging a 
violation of the policies described in this Subsection 
(2)(a)
;
(ii)
prohibits coaches and coaching staff from encouraging or advising a student 
athlete to tolerate an abusive coaching practice;
(iii)
prohibits coaches and coaching staff from discouraging a report for an abusive 
coaching practice;
(iv)
establishes reporting requirements for a volunteer, coach, or member of the 
coaching staff who learns of an abusive coaching practice;
(v)
mandates training for athletic department staff on recognizing and preventing an 
abusive coaching practice;
(vi)
establishes a procedure for the athletic department to follow when responding to 
a complaint of an abusive coaching practice; and
(vii)
institutes disciplinary action for individuals found in violation of the policies 
described in this Subsection 
(2)(a)
;
(b)
submit the policy described in Subsection 
(2)(a)
 to the board and Education Interim 
Committee before the Education Interim Committee's November 2025 meeting; and
(c)
establish procedures to:
(i)
notify an individual of the receipt of the complaint the individual submits under 
Subsection (2)(a)(i), within five business days after the submission of the 
complaint;
(ii)
initiate an investigation of the complaint no later than 30 days after the receipt of 
a complaint;
(iii)
require an institution to ensure the investigation is as thorough and expeditious as 
possible; and
(iv)
where appropriate, act immediately to stop a program under an athletic 
department until the institution is able to restore an environment that is not 
harmful.
(3)
(a)
A degree-granting institution's board of trustees shall:
(i)
review the policies a degree-granting institution creates in accordance with 
Subsection 
(2)
(a); and
(ii)
approve the policies a degree-granting institution creates if the policies meet the 
policy requirements listed in Subsection 
(2)(a)
.
(b)
Upon approval of the policies by a degree granting institution's board of trustees a 
degree-granting institution shall send the adopted policies to the board.
Section 5, Section 
53E-1-201
 is amended to read:
53E-1-201
. Reports to and action required of the Education Interim Committee.
(1)
In accordance with applicable provisions and Section 
68-3-14
, the following recurring 
reports are due to the Education Interim Committee:
(a)
the report described in Section 
9-22-109
 by the STEM Action Center Board, 
including the information described in Section 
9-22-113
 on the status of the computer 
science initiative and Section 
9-22-114
 on the Computing Partnerships Grants 
Program;
(b)
the prioritized list of data research described in Section 
53B-33-302
 and the report on 
research and activities described in Section 
53B-33-304
 by the Utah Data Research 
Center;
(c)
the report described in Section 
53B-1-402
 by the Utah Board of Higher Education on 
career and technical education issues and addressing workforce needs;
(d)
the annual report of the Utah Board of Higher Education described in Section 
53B-1-402
;
(e)
the reports described in Section 
53B-28-401
 by the Utah Board of Higher Education 
regarding activities related to campus safety;
(f)
the State Superintendent's Annual Report by the state board described in Section 
53E-1-203
;
(g)
the annual report described in Section 
53E-2-202
 by the state board on the strategic 
plan to improve student outcomes;
(h)
the report described in Section 
53E-8-204
 by the state board on the Utah Schools for 
the Deaf and the Blind;
(i)
the report described in Section 
53E-10-703
 by the Utah Leading through Effective, 
Actionable, and Dynamic Education director on research and other activities;
(j)
the report described in Section 
53F-2-522
 regarding mental health screening 
programs;
(k)
the report described in Section 
53F-4-203
 by the state board and the independent 
evaluator on an evaluation of early interactive reading software;
(l)
the report described in Section 
63N-20-107
 by the Governor's Office of Economic 
Opportunity on UPSTART;
(m)
the reports described in Sections 
53F-5-214
 and 
53F-5-215
 by the state board 
related to grants for professional learning and grants for an elementary teacher 
preparation assessment;
(n)
upon request, the report described in Section 
53F-5-219
 by the state board on the 
Local Innovations Civics Education Pilot Program;
(o)
the report described in Section 
53F-5-405
 by the state board regarding an evaluation 
of a partnership that receives a grant to improve educational outcomes for students 
who are low income;
(p)
the report described in Section 
53B-35-202
 regarding the Higher Education and 
Corrections Council;
(q)
the report described in Section 
53G-7-221
 by the state board regarding innovation 
plans;
(r)
the reports described in Section 
53F-6-412
 regarding the Utah Fits All Scholarship 
Program.
(2)
In accordance with applicable provisions and Section 
68-3-14
, the following occasional 
reports are due to the Education Interim Committee:
(a)
in 2027, 2030, 2033, and 2035, the reports described in Sections 
53B-1-116
, 
53B-1-117
, and 
53B-1-118
;
(b)
in 2025, the report described in Section 
53B-16-701
 by a degree-granting institution 
regarding policies on abusive coaching practices;
(b)
(c)
if required, the report described in Section 
53E-4-309
 by the state board 
explaining the reasons for changing the grade level specification for the 
administration of specific assessments;
(c)
(d)
if required, the report described in Section 
53E-5-210
 by the state board of an 
adjustment to the minimum level that demonstrates proficiency for each statewide 
assessment;
(d)
(e)
the report described in Section 
53E-10-702
 by Utah Leading through Effective, 
Actionable, and Dynamic Education;
(e)
(f)
if required, the report described in Section 
53F-2-513
 by the state board 
evaluating the effects of salary bonuses on the recruitment and retention of effective 
teachers in high poverty schools;
(f)
(g)
upon request, a report described in Section 
53G-7-222
 by an LEA regarding 
expenditure of a percentage of state restricted funds to support an innovative 
education program;
(g)
(h)
the reports described in Section 
53G-11-304
 by the state board regarding 
proposed rules and results related to educator exit surveys; and
(h)
(i)
the report described in Section 
26B-5-113
 by the Office of Substance Use and 
Mental Health, the state board, and the Department of Health and Human Services 
regarding recommendations related to Medicaid reimbursement for school-based 
health services.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 12:55 PM