Bill > HB513

This bill expands the rights of both intercollegiate athletes (those in college) and interscholastic athletes (those in high school) to profit from their name, image, and likeness (NIL), which refers to their ability to earn money from endorsements, appearances, and other commercial activities. For intercollegiate athletes, it clarifies that postsecondary education institutions (colleges and universities) cannot prevent or unduly restrict them from obtaining professional representation, such as from an athlete agent or attorney, for NIL deals, as long as these representatives are properly registered or licensed. The bill also outlines responsibilities for postsecondary institutions to develop policies governing NIL activities, including compensation, institutional involvement, use of institutional marks, professional representation requirements, and educational workshops for athletes. Importantly, it shields postsecondary institutions and their staff from liability for damages related to an athlete's NIL earnings that arise from routine athletic or eligibility-related decisions, unless there is gross negligence or intentional misconduct. For interscholastic athletes, the bill establishes that they can earn compensation for their NIL, with agreements for those under 18 requiring parental consent. High schools and athletic organizations cannot prohibit athletes from earning NIL compensation or obtaining professional representation, nor can they declare an athlete ineligible solely for engaging in NIL activities. However, high schools can prohibit NIL compensation during academic or official team activities, or if it conflicts with existing school agreements, and athletes cannot use school facilities or intellectual property for NIL deals without permission. Athletes must also disclose proposed NIL agreements to their high school, and the bill prohibits certain activities for NIL compensation, such as those related to adult entertainment, alcohol, cannabis, gambling, and weapons. Finally, the bill allows interscholastic athletes to seek injunctive relief for violations and mandates educational materials on NIL rights and responsibilities.