53H-6-202. Use of a student athlete's name, image, or likeness in intercollegiate athletics programs -- Contracts -- Exceptions -- Prohibitions.
(1) An institution may, except as provided in Subsection, compensate a student athlete directly for use of the student athlete's name, image, or likeness. (2)
(2) An institution may not compensate a student athlete or prospective student athlete for use of the student athlete's name, image, or likeness through: funds the Legislature appropriates; or a fee a student attending an institution pays to the institution.
(3) A student athlete may not enter into a student athlete agreement that contains a prohibited endorsement provision. A student athlete agreement or any communication, or other material related to a student athlete agreement, including those created before May 1, 2024, is not subject to Title, Government Records Access and Management Act. 63G, Chapter 2
(4) A student athlete attending an institution is not an employee of the institution through: the student athlete's participation in an athletic program the institution offers; or the institution compensating the student athlete for use of the student athlete's name, image, or likeness.
(5) The board shall: beginning fiscal year 2028 and every five years thereafter, conduct an audit of each institution that evaluates: money an institution expends to directly compensate a student athlete for the use of the student athlete's name, image, or likeness; and the implementation and use of payments by an institution to a student athlete for a student athlete's name, image, or likeness; and prepare and submit a written report for the audit described in Subsectionto the Education Interim Committee and the Higher Education Appropriations Subcommittee. (5)(a)
(6) An athletic entity may not: prevent a student athlete of an institution from fully participating in intercollegiate athletics because the student athlete: earns compensation through the student athlete's name, image, or likeness; or obtains professional representation from an athlete agent or attorney; prevent an institution from becoming a member of an athletic entity or from participating in intercollegiate athletics that an athletic entity sponsors because a student athlete of an institution or college participating in intercollegiate athletics: earns compensation from the use of the student athlete's name, image, or likeness; or obtains professional representation from an athlete agent or attorney; or prevent an institution, institutional marketing associate, or third-party entity from creating and supporting opportunities for a student athlete to earn compensation for use of the student athlete's name, image, or likeness.