An act relating to student athletes, the official text

1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1305                By: Lowe (Dick)

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6                   AS INTRODUCED

7   An Act relating to student athletes; amending 70 O.S.

    2021, Section 820.25, as last amended by Section 2,

8   Chapter 85, O.S.L. 2024 (70 O.S. Supp. 2024, Section

    820.25), which relates to name, image, and likeness

9   activities; requiring postsecondary institutions

    offer financial literacy workshops; requiring certain

10  topics in workshops; prohibiting certain topics in

    workshops; authorizing postsecondary institutions to

11  offer financial literacy course; requiring certain

    topics in course; prohibiting certain topics in

12  course; requiring student athletes complete workshop

    or course; authorizing professional support for

13  student athletes; requiring certain disclosure by

    professional support; authorizing postsecondary

14  institutions to contract with certain third parties;

    and declaring an emergency.

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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

19  SECTION 1.      AMENDATORY  70 O.S. 2021, Section 820.25, as

20 last amended by Section 2, Chapter 85, O.S.L. 2024 (70 O.S. Supp.

21 2024, Section 820.25), is amended to read as follows:

22  Section 820.25. A. A student athlete shall not use a

23 postsecondary institution's marks for the purpose of securing

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    Req. No. 10344                                                Page 1
1 compensation for use of his or her name, image, or likeness unless

2 authorized by the postsecondary institution.

3   B. A student athlete shall not enter into a name, image, and

4 likeness agreement involving a commercial product or service that

5 conflicts with a written policy of the postsecondary institution or

6 that negatively impacts or reflects adversely on the postsecondary

7 institution or its athletic programs including, but not limited to,

8 generating public disrepute, embarrassment, scandal, ridicule or

9 otherwise negatively impacting the reputation or the moral or

10 ethical standards of the postsecondary institution.

11  C. A contract for the use of a student athlete's name, image,

12 or likeness or a contract for professional representation related to

13 name, image, or likeness that is formed while the student athlete is

14 participating in an intercollegiate sport at a postsecondary

15 institution may not extend beyond the student athlete's

16 participation in the sport at the institution unless the contract is

17 between the student athlete and the postsecondary institution or a

18 third party authorized to act on behalf of the postsecondary

19 institution.

20  D. A postsecondary institution may adopt reasonable time,

21 place, and manner restrictions to prevent a student athlete's name,

22 image, or likeness activities from interfering with team activities,

23 the postsecondary institution's operations, or the use of the

24 institution's facilities. A postsecondary institution may receive

    Req. No. 10344                                                Page 2
1 compensation for the use of its institutional marks or facilities in

2 conjunction with a student athlete's name, image, and likeness

3 activities.

4   E. A collegiate athletic association shall not prohibit a

5 postsecondary institution from establishing agreements with a third

6 party to act on its behalf to identify, facilitate, enable, or

7 support student athlete name, image, and likeness activities.

8   F. An 1. A postsecondary institution may require a student

9 athlete to take courses or receive education or training in

10 contracts, financial literacy, or any other subject the

11 postsecondary institution deems necessary to prepare a student

12 athlete to engage shall offer no less than three financial literacy

13 workshops per year for student athletes engaged in name, image, and

14 likeness activities. At least two of the workshops shall be a

15 minimum of five (5) hours in length and offered within one hundred

16 twenty (120) days after the first day of the fall semester each

17 academic year. At minimum, each workshop must include information

18 concerning foundational knowledge of budgeting, taxes, contracts,

19 credit and debt management, savings, investments, and

20 entrepreneurship. The workshops shall not include any marketing,

21 advertising, referral, or solicitation by providers of financial

22 products or services.

23  2. A postsecondary institution may offer financial literacy as

24 a course for credit, which, at minimum, includes information on

    Req. No. 10344                                                  Page 3
1 budgeting, taxes, contracts, credit and debt management, savings,

2 financial aid, investments, and entrepreneurship. The course shall

3 not include any marketing, advertising, referral, or solicitation by

4 providers of financial products or services. Postsecondary

5 institutions offering financial literacy as a course for credit may

6 adopt policies which allow the course to be applied toward degree

7 requirements.

8   3. Postsecondary institutions shall require student athletes to

9 either participate in a workshop or successfully complete one

10 financial literacy course within the first two (2) semesters of the

11 student athlete engaging in name, image, and likeness activities.

12 Student athletes who fail to meet the requirements provided for in

13 this paragraph shall forfeit his or her eligibility to engage in

14 name, image, and likeness activities.

15  4. A postsecondary institution may provide support to student

16 athletes through contract review, tax preparation, and financial

17 advisor services after the successful completion of a financial

18 literacy workshop or during enrollment or after completion of the

19 financial literacy course. Any professional providing services

20 under this paragraph may not charge a student athlete any fees or

21 commissions or require any compensation from such student athlete.

22 If the professional is an employee of the postsecondary institution,

23 such professional must disclose in writing to the institution and

24 the student athlete any additional employment which may create a

    Req. No. 10344                                                  Page 4
1 conflicting contractual relationship with a third party. Any

2 professional providing services to student athletes under this

3 paragraph shall not provide marketing, advertising, referrals, or

4 solicitations of financial products or services.

5   5. Postsecondary institutions may contract with a third party,

6 as necessary, to conduct the financial literacy workshops as

7 required by this subsection.

8   SECTION 2. It being immediately necessary for the preservation

9 of the public peace, health or safety, an emergency is hereby

10 declared to exist, by reason whereof this act shall take effect and

11 be in full force from and after its passage and approval.

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13  60-1-10344      AQH  12/28/24

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    Req. No. 10344                                                Page 5