House Bill 25-1041 Preamended

A Bill for an Act

• Page 1, Line 101Concerning measures to support a student athlete in the use

• Page 1, Line 102of their name, image, or likeness.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Under current law, there are requirements of an athletic association, an institution of higher education, and a student athlete regarding a student athlete's compensation for their name, image, or likeness. The bill extends these requirements to an individual who is eligible to engage in or may be eligible in the future to engage in any intercollegiate sport.

The bill allows an institution of higher education or athletic association to compensate a student athlete for the use of the student athlete's name, image, or likeness.

Under current law, a student athlete is prohibited from entering into a contract if it conflicts with a team contract. The bill repeals this prohibition and related provisions.

Under the "Colorado Open Records Act", the bill exempts from the public right of inspection an agreement or contract concerning a student athlete's name, image, or likeness, or any communication or material related to an agreement or a contract concerning a student athlete's name, image, or likeness.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 23-16-301, amend

• Page 2, Line 3(1)(g), (2)(a), and (2)(c); repeal (1)(f) and (3); and add (2)(c.5) and (7)

• Page 2, Line 4as follows:

• Page 2, Line 523-16-301.  Compensation and representation of student

• Page 2, Line 6athletes - prohibited acts - contracts - report - definitions. (1)  As used

• Page 2, Line 7in this part 3, unless the context otherwise requires:

• Page 2, Line 8(f)  "Student" means an individual who is enrolled at an institution.

• Page 2, Line 9(g)  "Student athlete" means a student who competes in

• Page 2, Line 10intercollegiate athletics for an institution at which the student is enrolled

• Page 2, Line 11an individual who engages in or is eligible to engage in an

• Page 2, Line 12intercollegiate sport for an institution. "Student athlete" does

• Page 2, Line 13not mean an individual who engages in a high school sport.

• Page 2, Line 14(2) (a)  Except as may be required by the rules or requirements of

• Page 2, Line 15an athletic association of which an institution is a member, an institution

• Page 2, Line 16shall not uphold any rule, requirement, standard, or other limitation that

• Page 2, Line 17prevents a student athlete of the institution from earning compensation

• Page 2, Line 18from the use of the student athlete's name, image, or likeness. A student

• Page 2, Line 19athlete's earning of such compensation does not affect the student athlete's

• Page 3, Line 1scholarship eligibility.

• Page 3, Line 2(c)  Neither an institution nor an athletic association shall:

• Page 3, Line 3(I)  Provide compensation to a current or prospective student

• Page 3, Line 4athlete;

• Page 3, Line 5(II)  Provide remuneration to a prospective student athlete for the

• Page 3, Line 6prospective student athlete's athletic ability or performance or potential

• Page 3, Line 7athletic ability or performance; or

• Page 3, Line 8(III)  Prevent a student athlete from obtaining professional

• Page 3, Line 9representation in relation to contracts or legal matters, including

• Page 3, Line 10representation provided by an athlete advisor and legal representation

• Page 3, Line 11provided by an attorney. An institution or a collegiate athletic

• Page 3, Line 12association shall not prevent a student athlete from obtaining

• Page 3, Line 13professional representation in relation to contracts or legal

• Page 3, Line 14matters, including representation provided by an athlete

• Page 3, Line 15advisor and legal representation provided by an attorney.An

• Page 3, Line 16individual who is under eighteen years of age must be

• Page 3, Line 17represented in any negotiation by a parent or guardian. The

• Page 3, Line 18individual and their parent or guardian may also be represented

• Page 3, Line 19by an attorney or other competent representative.

• Page 3, Line 20(c.5)  An institution or a collegiate athletic association

• Page 3, Line 21may provide compensation to a student athlete for the use of

• Page 3, Line 22the student athlete's name, image, or likeness.

• Page 3, Line 23(3) (a)  A student athlete shall not enter into a contract providing

• Page 3, Line 24compensation to the student athlete if the contract conflicts with a team

• Page 3, Line 25contract of the team for which the student athlete competes.

• Page 3, Line 26(b)  A student athlete who enters into a contract providing

• Page 3, Line 27compensation to the student athlete in exchange for the use of the student

• Page 4, Line 1athlete's name, image, or likeness shall disclose the contract to the athletic

• Page 4, Line 2director of the student athlete's institution within seventy-two hours after

• Page 4, Line 3the student athlete enters into the contract or before the next scheduled

• Page 4, Line 4athletic event in which the student athlete may participate, whichever

• Page 4, Line 5occurs first, as supported by the institution's policy.

• Page 4, Line 6(c)  An institution asserting a conflict described in subsection

• Page 4, Line 7(3)(a) of this section shall disclose to the student athlete or to the student

• Page 4, Line 8athlete's professional or legal representation the relevant contractual

• Page 4, Line 9provisions that are in conflict.

• Page 4, Line 10(d)  A team contract of an institution's athletic program entered

• Page 4, Line 11into, modified, or renewed on or after January 1, 2023, may not prohibit

• Page 4, Line 12a student athlete from using the student athlete's name, image, or likeness

• Page 4, Line 13for a commercial purpose when the student athlete is not engaged in

• Page 4, Line 14official team activities.

• Page 4, Line 15(7) (a)  On or before January 15, 2026, and on or before

• Page 4, Line 16each January 15 thereafter, each institution shall submit to the

• Page 4, Line 17department of higher education a copy of the annual report

• Page 4, Line 18that each institution is required to annually submit to the

• Page 4, Line 19organization with authority over intercollegiate athletics,

• Page 4, Line 20consistent with the reporting requirements adopted by the

• Page 4, Line 21organization with authority over intercollegiate athletics. The

• Page 4, Line 22data in the report includes gender- and sport-based spending in

• Page 4, Line 23areas including budgets, salaries, participation, financial aid,

• Page 4, Line 24and, if or when required, revenue sharing payments.

• Page 4, Line 25(b)  The department of higher education shall publish and

• Page 4, Line 26maintain the reports that it receives pursuant to this subsection

• Page 4, Line 27(7) on its public website.

• Page 5, Line 1SECTION 2.  In Colorado Revised Statutes, 24-72-204, add

• Page 5, Line 2(3)(a)(XXIV) as follows:

• Page 5, Line 324-72-204.  Allowance or denial of inspection - grounds -

• Page 5, Line 4procedure - appeal - definitions - repeal. (3) (a)  The custodian shall

• Page 5, Line 5deny the right of inspection of the following records, unless otherwise

• Page 5, Line 6provided by law; except that the custodian shall make any of the

• Page 5, Line 7following records, other than letters of reference concerning employment,

• Page 5, Line 8licensing, or issuance of permits, available to the person in interest in

• Page 5, Line 9accordance with this subsection (3):

• Page 5, Line 10(XXIV) (A)  Personally identifiable information that is

• Page 5, Line 11contained within an agreement or a contract concerning a

• Page 5, Line 12student athlete's or a prospective student athlete's name, image,

• Page 5, Line 13or likeness, or any communication or material related to an

• Page 5, Line 14agreement or a contract concerning a student athlete's or a

• Page 5, Line 15prospective student athlete's name, image, or likeness.

• Page 5, Line 16(B)  As used in this subsection (3)(a)(XXIV), "personally

• Page 5, Line 17identifiable information" means information that could

• Page 5, Line 18reasonably be used to identify an individual, including first and

• Page 5, Line 19last name; residence or other physical address; email address;

• Page 5, Line 20telephone number; birth date; license fee paid to the student

• Page 5, Line 21athlete or prospective student athlete for the use of their

• Page 5, Line 22name, image, or likeness; credit card information; or social

• Page 5, Line 23security number.

• Page 5, Line 24(C)  As used in this subsection (3)(a)(XXIV), "student

• Page 5, Line 25athlete" has the same meaning as set forth in section 23-16-301.

• Page 5, Line 26SECTION 3.  Safety clause. The general assembly finds,

• Page 5, Line 27determines, and declares that this act is necessary for the immediate

• Page 6, Line 1preservation of the public peace, health, or safety or for appropriations for

• Page 6, Line 2the support and maintenance of the departments of the state and state

• Page 6, Line 3institutions.