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KY SB3

KY SB3
AN ACT relating to student-athletes and declaring an emergency.

summary

Introduced
02/18/2025
In Committee
03/06/2025
Crossed Over
03/05/2025
Passed
03/11/2025
Dead
Signed/Enacted/Adopted
03/13/2025

Introduced Session

2025 Regular Session

Bill Summary

Amend KRS 164.6941 to define terms; amend KRS 164.6943 to allow the limitation of earning compensation through a NIL agreement through an institutional agreement between the student-athlete and the institution or affiliated organization; permit an institution or association to require compensation be consistent with the prevailing range of compensation; amend KRS 164.6945 to conform and authorize a student-athlete to receive compensation from an institution or its affiliated corporation through a written institutional agreement; authorize an institution or affiliated corporation to designate a media rights holder or other third parties whom an institution's student-athletes may directly enter into NIL agreements with; amend KRS 164.6947 to conform and provide affiliated corporation's employees with the same liability protections as institution employees as it relates to damages resulting from decisions and actions routinely taken in the course of intercollegiate athletics; delete language providing that nothing in the section protects institutions from acts of gross negligence and certain misconduct; exempt a student-athlete's institutional agreements not from disclosure under the Kentucky Open Records Act; amend KRS 164.6949 to include the waiver for actions brought on institutional agreements under KRS 45A.245; amend KRS 164.6951 to conform and include prospective student athletes in provisions concerning the reaffirming of NIL agreements or agency contracts when no longer participating in intercollegiate athletics; amend KRS 156.070 to include school property in the prohibition of a high school student-athlete's use of member school property; EMERGENCY.

AI Summary

This bill addresses name, image, and likeness (NIL) agreements for student-athletes in Kentucky, making several key modifications to existing law. The bill expands definitions related to NIL agreements, including creating a new term "institutional agreement" which allows student-athletes to receive compensation directly from their educational institution. It permits institutions to place reasonable restrictions on NIL agreements, such as prohibiting agreements for products that conflict with the institution's mission, and allows institutions to require that NIL compensation be consistent with a "prevailing range of compensation." The legislation provides liability protections for institutional employees involved in NIL activities and requires institutions to provide financial literacy and life skills education to student-athletes. The bill also clarifies that student-athletes' NIL agreements and institutional agreements are not subject to public disclosure under open records laws, and includes provisions about reaffirming NIL agreements when athletes stop participating in intercollegiate athletics. Additionally, the bill includes a provision prohibiting high school student-athletes from using school property in NIL activities. The legislation is designated as an emergency measure, meaning it takes effect immediately upon passage, reflecting the state's intent to provide clear guidance for student-athlete compensation in a rapidly evolving regulatory landscape.

Committee Categories

Business and Industry, Education

Sponsors (2)

Last Action

signed by Governor (Acts Ch. 10) (on 03/13/2025)

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