House Bill 25-1041 Introduced

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.

• 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) as

• Page 2, Line 4follows:

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

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

• Page 2, Line 7part 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, is eligible to engage in, or may be

• Page 2, Line 12eligible in the future to engage in any intercollegiate sport.

• Page 2, Line 13(2) (a)  Except as may be required by the rules or requirements of

• Page 2, Line 14an athletic association of which an institution is a member, an institution

• Page 2, Line 15shall not uphold any rule, requirement, standard, or other limitation that

• Page 2, Line 16prevents a student athlete of the institution from earning compensation

• Page 2, Line 17from the use of the student athlete's name, image, or likeness. A student

• Page 2, Line 18athlete's earning of such compensation does not affect the student athlete's

• Page 2, Line 19scholarship eligibility.

• Page 3, Line 1(c)  Neither an institution nor an athletic association shall:

• Page 3, Line 2(I)  Provide compensation to a current or prospective student

• Page 3, Line 3athlete;

• Page 3, Line 4(II)  Provide remuneration to a prospective student athlete for the

• Page 3, Line 5prospective student athlete's athletic ability or performance or potential

• Page 3, Line 6athletic ability or performance; or

• Page 3, Line 7(III)  Prevent a student athlete from obtaining professional

• Page 3, Line 8representation in relation to contracts or legal matters, including

• Page 3, Line 9representation provided by an athlete advisor and legal representation

• Page 3, Line 10provided by an attorney. An institution or athletic association

• Page 3, Line 11shall not prevent a student athlete from obtaining professional

• Page 3, Line 12representation in relation to contracts or legal matters,

• Page 3, Line 13including representation provided by an athlete advisor and

• Page 3, Line 14legal representation provided by an attorney.

• Page 3, Line 15(c.5)  An institution or athletic association may provide

• Page 3, Line 16compensation to a student athlete for the use of the student

• Page 3, Line 17athlete's name, image, or likeness.

• Page 3, Line 18(3) (a)  A student athlete shall not enter into a contract providing

• Page 3, Line 19compensation to the student athlete if the contract conflicts with a team

• Page 3, Line 20contract of the team for which the student athlete competes.

• Page 3, Line 21(b)  A student athlete who enters into a contract providing

• Page 3, Line 22compensation to the student athlete in exchange for the use of the student

• Page 3, Line 23athlete's name, image, or likeness shall disclose the contract to the athletic

• Page 3, Line 24director of the student athlete's institution within seventy-two hours after

• Page 3, Line 25the student athlete enters into the contract or before the next scheduled

• Page 3, Line 26athletic event in which the student athlete may participate, whichever

• Page 3, Line 27occurs first, as supported by the institution's policy.

• Page 4, Line 1(c)  An institution asserting a conflict described in subsection

• Page 4, Line 2(3)(a) of this section shall disclose to the student athlete or to the student

• Page 4, Line 3athlete's professional or legal representation the relevant contractual

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

• Page 4, Line 5(d)  A team contract of an institution's athletic program entered

• Page 4, Line 6into, modified, or renewed on or after January 1, 2023, may not prohibit

• Page 4, Line 7a student athlete from using the student athlete's name, image, or likeness

• Page 4, Line 8for a commercial purpose when the student athlete is not engaged in

• Page 4, Line 9official team activities.

• Page 4, Line 10SECTION 2.  In Colorado Revised Statutes, 24-72-204, add

• Page 4, Line 11(3)(a)(XXIV) as follows:

• Page 4, Line 1224-72-204.  Allowance or denial of inspection - grounds -

• Page 4, Line 13procedure - appeal - definitions - repeal. (3) (a)  The custodian shall

• Page 4, Line 14deny the right of inspection of the following records, unless otherwise

• Page 4, Line 15provided by law; except that the custodian shall make any of the

• Page 4, Line 16following records, other than letters of reference concerning employment,

• Page 4, Line 17licensing, or issuance of permits, available to the person in interest in

• Page 4, Line 18accordance with this subsection (3):

• Page 4, Line 19(XXIV) (A)  An agreement or contract concerning a

• Page 4, Line 20student athlete's name, image, or likeness, or any

• Page 4, Line 21communication or material related to an agreement or a

• Page 4, Line 22contract concerning a student athlete's name, image, or

• Page 4, Line 23likeness.

• Page 4, Line 24(B)  As used in this subsection (3)(a)(XXIV), "student

• Page 4, Line 25athlete" has the same meaning as set forth in section 23-16-301.

• Page 4, Line 26SECTION 3.  Safety clause. The general assembly finds,

• Page 4, Line 27determines, and declares that this act is necessary for the immediate

• Page 5, Line 1preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 2the support and maintenance of the departments of the state and state

• Page 5, Line 3institutions.