Signed by Governor Henry McMaster

Vote Smart's Synopsis:

Vote to pass a bill that authorizes college athletes to be paid for the use of their name, image, and likeness.

Highlights:

• Defines 'compensation' as any remuneration, in cash or in-kind, whether provided at the time or any subsequent date, to a student-athlete. 'Compensation' does not mean any grant, scholarship, fellowship, tuition assistance, or another form of financial aid provided to a student for pursuing post-secondary education (Sec. 1-3).

• Requires compensation earned by an intercollegiate athlete for the use of his name, image, or likeness to represent a genuine payment for the use of his name, image, or likeness, independent of, rather than as payment for, his athletic participation or performance. Compensation may only be provided by a third party (Sec. 59-158-20-2).

• Prohibits compensation from being provided in exchange for an intercollegiate athlete's athletic performance or attendance at a particular institution of higher learning and may only be provided by a third party unaffiliated with the intercollegiate athlete's institution of higher learning (Sec. 59-158-20-3).

• Authorizes an institution of higher learning to 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 (Sec. 59-158-40.B-1):

• Existing institutional sponsorship agreements or other contracts; or

• Institutional values as defined by the institution of higher learning.

• Requires the disclosures to include the following information (Sec. 59-158-60.C):

• Describe the proposed use of the intercollegiate athlete's name, image, or likeness, compensation arrangements, the name of the athlete agent, and a list of all parties to the name, image, or likeness contract; and

• Be made in the manner designated by the institution of higher learning.

• Authorizes the department to suspend, refuse to renew, or revoke a person's registration if that person fails to complete at least 20 hours of continuing athlete agent education coursework biennially (Sec. 3).

• Requires the Department of Consumer Affairs to maintain an online, public directory of all registered athlete agents in good standing. The directory will include each athlete agent's registration application information (Sec. 4).

• Requires an application for registration or renewal of registration to be accompanied by a fee of (Sec. 5):

• $500 for an initial application for registration;

• $500 for registration based on a certificate of registration issued by another state;

• $700 for an application for renewal of registration; or

• $1,000 for renewal of registration based on a renewal of registration in another state.

Full Bill Text