<section number="53H-6-202"><effdate>10/14/2025</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2025S1">8</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Use of a student athlete's name, image, or likeness in intercollegiate athletics programs -- Contracts -- Exceptions -- Prohibitions.</catchline><subsection number="53H-6-202(1)">An institution may, except as provided in Subsection <xref refnumber="53B-16-602(2)" depth="4">(2)</xref>, compensate a student athlete directly for use of the student athlete's name, image, or likeness.</subsection><subsection number="53H-6-202(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:<subsection number="53H-6-202(2)(a)">funds the Legislature appropriates; or</subsection><subsection number="53H-6-202(2)(b)">a fee a student attending an institution pays to the institution.</subsection></subsection><subsection number="53H-6-202(3)"><subsection number="53H-6-202(3)(a)">A student athlete may not enter into a student athlete agreement that contains a prohibited endorsement provision.</subsection><subsection number="53H-6-202(3)(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 <xref depth="1" refnumber="63G-2">63G, Chapter 2</xref>, Government Records Access and Management Act.</subsection></subsection><subsection number="53H-6-202(4)">A student athlete attending an institution is not an employee of the institution through:<subsection number="53H-6-202(4)(a)">the student athlete's participation in an athletic program the institution offers; or</subsection><subsection number="53H-6-202(4)(b)">the institution compensating the student athlete for use of the student athlete's name, image, or likeness.</subsection></subsection><subsection number="53H-6-202(5)">The board shall:<subsection number="53H-6-202(5)(a)">beginning fiscal year 2028 and every five years thereafter, conduct an audit of each institution that evaluates:<subsection number="53H-6-202(5)(a)(i)">money an institution expends to directly compensate a student athlete for the use of the student athlete's name, image, or likeness; and</subsection><subsection number="53H-6-202(5)(a)(ii)">the implementation and use of payments by an institution to a student athlete for a student athlete's name, image, or likeness; and</subsection></subsection><subsection number="53H-6-202(5)(b)">prepare and submit a written report for the audit described in Subsection <xref refnumber="53B-16-602(5)(a)" depth="4">(5)(a)</xref> to the Education Interim Committee and the Higher Education Appropriations Subcommittee.</subsection></subsection><subsection number="53H-6-202(6)">An athletic entity may not:<subsection number="53H-6-202(6)(a)">prevent a student athlete of an institution from fully participating in intercollegiate athletics because the student athlete:<subsection number="53H-6-202(6)(a)(i)">earns compensation through the student athlete's name, image, or likeness; or</subsection><subsection number="53H-6-202(6)(a)(ii)">obtains professional representation from an athlete agent or attorney;</subsection></subsection><subsection number="53H-6-202(6)(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:<subsection number="53H-6-202(6)(b)(i)">earns compensation from the use of the student athlete's name, image, or likeness; or</subsection><subsection number="53H-6-202(6)(b)(ii)">obtains professional representation from an athlete agent or attorney; or</subsection></subsection><subsection number="53H-6-202(6)(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.</subsection></subsection></section>