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7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to the use of the name, image, or likeness of a
10 student athlete who participates in an institution's intercollegiate athletic program.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ provides for certain allowed and prohibited uses of a student athlete's name, image,
15 or likeness;
16 ▸ prohibits an Institution of Higher Education from using appropriated funds for
17 purposes related to a student athlete agreement.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 53B-16-601, Utah Code Annotated 1953
25 53B-16-602, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53B-16-601 is enacted to read:
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30 53B-16-601. Definitions.
31 As used in this part:
32 (1) "Institution" means:
33 (a) an institution of higher education described in Section 53B-1-102; or
34 (b) a private, nonprofit institution of higher education.
35 (2) "Intercollegiate athletics program" means an institution-sponsored athletic program
36 or sporting activity in which a student athlete represents the student athlete's institution in
37 competition against another institution.
38 (3) "Prohibited endorsement provision" means a provision that requires or permits the
39 use of a student athlete's name, image, or likeness to promote:
40 (a) a tobacco product or e-cigarettes, as those terms are defined in Section 76-10-101,
41 including vaping;
42 (b) an alcoholic product, as that term is defined in Section 32B-1-102;
43 (c) a seller or dispenser of a controlled substance, including steroids, antibiotics, and
44 marijuana;
45 (d) gambling or betting;
46 (e) a sexually oriented business, as that term is defined in Section 17-50-331; or
47 (f) a firearm that the student athlete cannot legally purchase.
48 (4) (a) "Student athlete" means an individual who:
49 (i) is enrolled in an institution; and
50 (ii) participates as an athlete for the institution in an intercollegiate athletics program.
51 (b) "Student athlete" includes an agent or other representative of a student athlete.
52 (5) "Student athlete agreement" means a proposed or executed contract:
53 (a) between a student athlete and a third party that is not an institution; and
54 (b) in which the student athlete and third party agree that the student athlete's name,
55 image, or likeness may be used to promote a business, product, service, or individual in
56 exchange for the student athlete receiving financial compensation or other benefits.
57 Section 2. Section 53B-16-602 is enacted to read:
58 53B-16-602. Use of a student athlete's name, image, or likeness in intercollegiate
59 athletics programs -- Contracts -- Exceptions -- Prohibitions.
60 (1) A student athlete may not enter into a student athlete agreement that contains a
61 prohibited endorsement provision.
62 (2) Before a student athlete or prospective student athlete enters into a student athlete
63 agreement that exceeds $600 in value, the student athlete or proposed student athlete shall
64 provide the student athlete agreement to the student athlete's or proposed student athlete's
65 institution.
66 (3) An institution that receives a student athlete agreement under Subsection (2) shall
67 provide the student athlete or prospective student athlete with a written acknowledgment
68 regarding whether the student athlete agreement conflicts with the institution's policies or the
69 provisions in this part.
70 (4) A student athlete agreement or any communication, or other material related to a
71 student athlete agreement is not subject to Title 63G, Chapter 2, Government Records Access
72 Management Act.
73 (5) An institution may not use funds appropriated by the Legislature for any purpose
74 related to a student athlete's or prospective student athlete's student athlete agreement that the
75 student athlete or prospective student athlete submits to the institution.
76 Section 3. Effective date.
77 This bill takes effect on May 1, 2024.