ArkansasHB19172025 Regular SessionHouseWALLET

TO AMEND THE ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT; AND TO AMEND THE LAW RELATED TO ATHLETIC PROGRAM FUNDING.

Sponsored By: Bart Hester (Republican), Matthew J. Shepherd (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 4 benefits, 4 costs, 1 mixed.

State tax break for college athletes

For tax years beginning on or after January 1, 2025, qualifying athlete income from colleges is exempt from Arkansas income tax. This covers pay for commercial use of an athlete's name, image, or likeness. It also covers shares of college athletic revenue allowed by the college's governing sports association or conference. The law sets no dollar cap on the exemption.

Athletes can cancel certain paid contracts

Athletes can cancel third-party publicity-rights contracts or related professional-representation contracts without breach-of-contract damages or returning payments already received. This right applies when the athlete is no longer eligible for any varsity college sports program. It also applies when the person providing professional representation is not licensed in Arkansas.

More paid opportunities for college athletes

Arkansas colleges, their supporting foundations, and authorized groups can arrange opportunities and pay athletes for commercial use of their identity. Colleges can make exclusive or nonexclusive licensing deals, including with commercial businesses. Governing sports groups generally cannot block these payments or punish athletes or colleges for them. Exceptions apply when a college expressly accepted restrictions as a membership condition, or federal law provides otherwise. The law does not guarantee payment or set an amount.

Athletes face limits on employee claims

Sports-related pay, benefits, team membership, and participation rules do not establish employee status for state-law liability or money awards. This applies to claims against colleges, conferences, and associations. The exclusion does not cover hourly wages and benefits for actual work unrelated to athletics. That separate work must be paid at a rate comparable to similar local work.

College rules can limit athlete pay

Athletes and licensees need written approval from the athlete's committed or enrolled college for promotion during varsity team activities. Approval is also required for deals tied to an athlete's performance or nonperformance in competition. Deals cannot conflict with college terms or rules; contracts that violate the law are void and unenforceable. Colleges can withdraw promised pay, grants-in-aid, or other benefits when an athlete accepts or agrees to conflicting compensation. Colleges and their staff are protected from damages or court orders resulting from that withdrawal.

Athlete contract details stay private

Athletes' personal and financial information in agreements authorized by the publicity-rights law is confidential. Those details are not available through Arkansas Freedom of Information Act requests.

Sports broadcasts need no participant releases

Sports-event broadcasts, rebroadcasts, and other distributions do not require publicity-rights releases, licenses, or agreements from participants or spectators. This covers audio, visual, and audiovisual distribution of the event.

Legal claims against athletic groups narrow

The law shields specified colleges, foundations, authorized groups, sports governing bodies, and personnel from damages for listed publicity-pay decisions. Covered actions include routine employment-related decisions affecting athletes' earning opportunities and enforcing governing-body rules that do not violate the law. It also covers eligibility restrictions for violations of the law or implementing rules. Following agreements or rules reasonably covered by the law also receives protection. Existing college immunity, staff protections, and constitutional autonomy remain intact.

Colleges gain room for athletics funding

State-supported Arkansas colleges' percentage-based athletics funding ceiling rises from 2% to 4% of prior-year actual unrestricted educational and general revenue. Colleges need not spend the maximum; the existing fiscal year 2012–2013 funding limit also remains relevant. The Division of Higher Education continues annual Consumer Price Index adjustments to allowable transfers. Transfers needed for federal athletics rules or expected revenue shortfalls caused by third-party litigation settlements are outside the cap. Existing exceptions remain for specified state-law compliance costs, increased federal compliance duties, and transfers needed to support women's athletics.

Sponsors & Cosponsors

Sponsors

  • Bart Hester

    Republican • Senate

  • Matthew J. Shepherd

    Republican • House

Cosponsors

  • Brian S. Evans

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 127 • No: 26

Senate vote • 4/14/2025

Senate Vote - Monday, April 14, 2025 4:01:52 PM

Yes: 19 • No: 12

Senate vote • 4/14/2025

Senate Vote - Monday, April 14, 2025 3:28:10 PM

Yes: 16 • No: 11 • Other: 3

House vote • 4/9/2025

House Vote - Wednesday, April 9, 2025 2:42:00 PM

Yes: 92 • No: 3 • Other: 3

Actions Timeline

  1. Notification that HB1917 is now Act 839

    4/17/2025House
  2. Correctly enrolled and ordered transmitted to the Governor's Office.

    4/15/2025House
  3. TO BE ENROLLED

    4/14/2025House
  4. Returned from the Senate as passed.

    4/14/2025House
  5. Returned to the House as passed.

    4/14/2025Senate
  6. Read the third time and passed.

    4/14/2025Senate
  7. Motion to Expunge the Vote by which HB1917 failed to pass. Motion Carried.

    4/14/2025Senate
  8. Read the third time and failed.

    4/14/2025Senate
  9. Returned by the Committee, with the recommendation that it Do Pass

    4/10/2025Senate
  10. Read first time, rules suspended, read second time, referred to INSURANCE & COMMERCE - SENATE

    4/9/2025Senate
  11. Received from the House.

    4/9/2025Senate
  12. Read the third time and passed and ordered transmitted to the Senate.

    4/9/2025House
  13. Returned by the Committee Do Pass

    4/7/2025House
  14. Read the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE

    3/31/2025House
  15. Filed

    3/31/2025House

Bill Text

  • HB1917 - Introduced

    3/31/2025

  • Act Version

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