_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS REGARDING COLLEGIATE STUDENT-ATHLETE RIGHTS AND PROTECTIONS; PROHIBITING A STUDENT-ATHLETE FROM USING A POSTSECONDARY INSTITUTION'S NAME, TRADEMARK, OR LOGO WITHOUT PERMISSION; LIMITING PERMISSIBLE USES OF COMPENSATION FOR A STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS; PROHIBITING AN EMPLOYEE OR CONTRACTOR OF A POSTSECONDARY INSTITUTION FROM PROFESSIONALLY REPRESENTING A current or prospective STUDENT-ATHLETE; ALLOWING A POSTSECONDARY INSTITUTION TO PROVIDE CERTAIN EDUCATION AND ASSISTANCE REGARDING NAME, IMAGE, OR LIKENESS OPPORTUNITIES; AMENDING SECTION 20-1-232, MCA; and PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 20-1-232, MCA, is amended to read:

"20-1-232. (Effective June 1, 2023) Student-athlete rights and protections -- prohibitions -- definitions. (1) As used in this section, the following definitions apply:

(a) "Postsecondary institution" means a 2-year or 4-year public or private college or university located in the state.

(b) "Professional representation" means an individual or an entity engaged for the purpose of securing compensation or benefits for a student-athlete's name, image, or likeness.

(c) (i) "Student-athlete" means an individual who attends or is eligible to attend a postsecondary institution and engages in or is eligible to engage in an intercollegiate sport.

(ii) The term does not include an individual who is permanently ineligible to participate in a particular intercollegiate sport for that sport.

(b)(d) (i) "Student-athlete rights" means the rights of a student-athlete enrolled in a postsecondary institution to earn compensation for the use of the student-athlete's name, image, or likeness and to contract with and retain professional representation of an athlete agent.

(ii) The term does not include a right to receive compensation from a postsecondary institution.

(2) Except as provided subsections (3) through (6) (8), a postsecondary institution or an athletic association, conference, or organization with authority over intercollegiate sports may not:

(a) prohibit, prevent, or restrict a student-athlete from exercising the student-athlete's rights;

(b) penalize or retaliate against a student-athlete for exercising the student-athlete's rights;

(c) prohibit a student-athlete from participating in an intercollegiate sport for exercising the student-athlete's rights; or

(d) subject to subsection (5)(a) (7)(a), impose an eligibility requirement on a scholarship or grant that requires a student-athlete to refrain from exercising the student-athlete's rights.

(3) (a) A student-athlete may not enter into a contract that provides compensation to the student-athlete for the use of the student-athlete's name, image, or likeness if terms of the contract conflict with the student-athlete's team rules or with terms of a contract entered into between the student-athlete's postsecondary institution and a third party, except the team rules or a contract entered into between the postsecondary institution and a third party may not prevent a student-athlete from earning compensation for the use of the student-athlete's name, image, or likeness when not engaged in official team activities.

(b) A student-athlete who enters into a contract that provides compensation to the student-athlete for the use of the student-athlete's name, image, or likeness shall disclose the contract within 72 hours to an athletic official of the postsecondary institution if the student-athlete is a team member or, if the student-athlete is not a team member, at the time the student-athlete seeks to become a team member.

(c) If a postsecondary institution asserts that the terms of the contract conflict with the team rules or with terms of a contract entered into between the student-athlete's postsecondary institution and a third party, the unit postsecondary institution shall disclose the specific rules or terms asserted to be in conflict to the student-athlete or to the student-athlete's professional representative or athlete agent if the student-athlete is represented.

(d) Unless authorized by the postsecondary institution, a student-athlete may not use the postsecondary institution's name, trademark, service mark, logo, or other identifier of athletic performance when exercising the student-athlete's rights.

(4) Compensation for the use of a prospective or current student-athlete's name, image, or likeness or an offer, promise, or solicitation of compensation for the use of a prospective or current student-athlete's name, image, or likeness:

(a) may not be made to attempt to influence the decision of the student-athlete to attend, continue attending, or transfer to a postsecondary institution or a postsecondary institution in a conference;

(b) may be made only for the use of the student-athlete's name, image, or likeness; and

(4)(5) A postsecondary institution or an athletic association, conference, or organization with authority over intercollegiate sports may not provide to a prospective or current student-athlete compensation for use of the student-athlete's name, image, or likeness.

(6) An employee or a contractor of a postsecondary institution may not provide professional representation to a current or prospective student-athlete.

(5)(7) A postsecondary school institution may:

(a) include provisions in scholarship agreements allowing the postsecondary school institution to use the student-athlete's name, image, and likeness;

(b) prohibit the use of an a student-athlete's name, image, and likeness on school the postsecondary institution's property, at school functions, or in any advertising material distributed or placed on school property;

(c) serve as an agent for the athlete to manage any contract using an athlete's name, image, and likeness; or provide name, image, or likeness educational programming;

(d) assist with evaluating the student-athlete's name, image, or likeness opportunities;

(e) assist with name, image, or likeness compliance and disclosure requirements;

(f) assist in the evaluation of professional representation providers; or

(d)(g) do any combination of subsections (5)(a) through (5)(c) (7)(a) through (7)(f).

(6)(8) Nothing in this section prohibits a postsecondary institution from establishing or enforcing a conduct code that is applicable to all students enrolled at the unit postsecondary institution."

NEW SECTION. Section 2. Effective date. [This act] is effective June 1, 2023.