Assembly Bill No. 254–Assemblymen Frierson, Watts, Jauregui,C.H. Miller, Carlton; Bilbray-Axelrod, Brown-May,González, Gorelow, Martinez, Marzola, Brittney Miller,
Monroe-Moreno, Orentlicher, Thomas and Torres
CHAPTER..........
AN ACT relating to education; prohibiting certain entities fromcompensating a student athlete for the use of the name, imageor likeness of the student athlete; providing that a student
athlete may be compensated for the use of the name, image orlikeness of the student athlete by certain organizations;directing the Legislative Committee on Education to appoint
a committee to conduct an interim study relating to the use of
the name, image or likeness of a student athlete; andproviding other matters properly relating thereto.
Legislative Counsel’s Digest:
This bill establishes various provisions relating to student athletes at thepostsecondary level. Section 5 of this bill generally prohibits an institution or anational collegiate athletic association from: (1) preventing a student athlete frombeing compensated for the use of the name, image or likeness of the student athlete
or obtaining professional services, with certain exceptions; and (2) compensating a
student athlete for the use of the name, image or likeness of the student athlete.
Section 6 of this bill authorizes a student athlete to enter into a contract with anorganization other than an institution or a national collegiate athletic associationthat provides for the student athlete to be compensated for the use of the name,image or likeness of the student athlete. Section 6 prohibits such a contract fromconflicting with a contract between the student athlete and the institution in which
the student athlete is enrolled. Section 6 sets forth the responsibilities of a student
athlete and the institution regarding such a contract.
Section 6.3 of this bill authorizes an institution to require a student athlete toreceive education to prepare a student athlete to enter into contracts. Section 6.7 ofthis bill requires a student athlete to disclose any previous or existing contracts heldby the student athlete that provided or provides for the student athlete to becompensated for the use of the name, image or likeness of the student athlete.
Section 8 of this bill requires the Legislative Committee on Education toappoint a committee to conduct an interim study concerning the use of the name,image and likeness of a student athlete.
Sections 2-4 of this bill define related terms. Section 7 of this bill makes aconforming change to indicate the proper placement of sections 2-4 in the Nevada
Revised Statutes.

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–2–EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 398 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 6.7, inclusive, of thisact.
Sec. 2. “Compensation” does not include, without limitation,a scholarship.
Sec. 3. “Intercollegiate sport” means a sport played at thecollegiate level for which eligibility requirements for participation
by a student athlete are established by a national association thatpromotes or regulates collegiate athletics.
Sec. 4. “Student athlete” means a person who is eligible toattend an institution and engages in, is eligible to engage in, or
may be eligible in the future to engage in, any intercollegiate
sport. The term does not include a person permanently ineligible
to participate in a particular intercollegiate sport for that sport.
Sec. 5. 1. An institution shall not:(a) Uphold or enforce any rule of a national collegiate athletic
association that prevents a student athlete enrolled in theinstitution from being compensated for the use of the name, image
or likeness of the student athlete by an organization other than theinstitution or a national collegiate athletic association;(b) Except as otherwise provided by subsection 2, prevent a
student athlete from being compensated for the use of the name,image or likeness of the student athlete;(c) Compensate a prospective or current student athlete of theinstitution for the use of the name, image or likeness of thestudent athlete;(d) Prevent a student athlete from obtaining professional
services; or(e) Alter, withhold or otherwise reduce the amount of ascholarship awarded to a student athlete solely because a student
athlete is compensated for the use of the name, image or likenessof the student athlete by an organization other than the institution
or a national collegiate athletic association or because the student
athlete obtains professional services.
2. An institution may:(a) Adopt a policy that imposes reasonable restrictions on astudent athlete entering into a contract pursuant to section 6 ofthis act that provides for the student athlete to be compensated for-81st Session (2021)

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the use of the name, image or likeness of the student athlete withan organization or person whose goods, services or mission arecontrary to the mission of the institution; and(b) Prohibit a student athlete from being compensated for theuse of the name, image or likeness of the student athlete if the useof the name, image or likeness is related to official activities of theinstitution or intercollegiate sports at the institution.
3. A national collegiate athletic association shall not:(a) Prevent a student athlete enrolled at an institution fromparticipating in intercollegiate sports solely because the student
athlete is compensated for the use of the name, image or likenessof the student athlete by an organization other than the institution
or the national collegiate athletic association;(b) Prevent an institution from being a member of orparticipating in the activities of the national collegiate athletic
association solely because a student athlete who is enrolled at theinstitution is compensated for the use of the name, image orlikeness of the student athlete by an organization other than theinstitution or the national collegiate athletic association;(c) Compensate a prospective or current student athlete of aninstitution for the use of the name, image or likeness of thestudent athlete; or(d) Prevent a student athlete from obtaining professional
services.
4. As used in this section, “professional services” includes,without limitation, representation regarding contracts or otherlegal matters, including, without limitation, representation
provided by an attorney or an athlete agent registered pursuant tochapter 398A of NRS.
Sec. 6. 1. A student athlete may enter into a contract withan organization other than an institution or a national collegiate
athletic association that provides for the student athlete to becompensated for the use of the name, image or likeness of thestudent athlete. A contract entered into pursuant to this subsection
may not conflict with any provision of a contract between thestudent athlete and the institution in which the student athlete isenrolled.
2. A student athlete who enters into a contract pursuant tosubsection 1 must disclose the contract to the institution in which
the student athlete is enrolled.
3. If the institution in which the student athlete is enrolled
alleges that a provision of a contract entered into pursuant tosubsection 1 conflicts with a provision of a contract between the-81st Session (2021)

–4–student athlete and the institution, the institution shall inform thestudent athlete and, if the student athlete has legal representation,
the attorney of the student athlete of the alleged conflict.
Sec. 6.3. An institution may require a student athlete to takecourses or receive education or training in contracts, financial
literacy or any other subject the institution deems necessary to
prepare a student athlete to enter into contracts.
Sec. 6.7. A prospective student athlete shall disclose any
previous or existing contract held by the student athlete thatprovided or provides for the student athlete to be compensated forthe use of the name, image or likeness of the student athlete to an
institution before signing a letter of intent with the institution.
Sec. 7. NRS 398.005 is hereby amended to read as follows:
398.005 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 398.045, 398.055 and398.061 and sections 2, 3 and 4 of this act have the meanings
ascribed to them in those sections.
Sec. 8. 1. The Legislative Committee on Education shallappoint a committee to conduct an interim study concerning the useof the name, image and likeness of a student athlete.
2. The interim committee must consist of:(a) The Chancellor of the Nevada System of Higher Education,or his or her designee;(b) A representative of a community college athletic association
located in this State, if any;(c) At least two student athletes enrolled in a community
college, state college or university in this State;(d) An administrator of an athletics program at a community
college, state college or university in this State;(e) A coach of an athletics program at a community college,state college or university in this State;(f) One member appointed by the Speaker of the Assembly; and(g) One member appointed by the Majority Leader of theSenate.
3. The Legislative Committee on Education shall appoint a
Chair and Vice Chair from among the members of the interimcommittee.
4. The interim committee shall study and examine existing
bylaws of state collegiate athletic associations and national
collegiate athletic associations and state and federal laws relating tocompensating a student athlete for the use of the name, image orlikeness of the student athlete.

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–5–5. The Legislative Committee on Education shall submit areport of the results of the study, including any recommendations forlegislation to the Director of the Legislative Counsel Bureau fortransmission to the 82nd Session of the Nevada Legislature.
6. As used in this section:(a) “National collegiate athletic association” has the meaning
ascribed to it in NRS 398.055.
(b) “Student athlete” means a person who is eligible to attend an
institution and engages in, is eligible to engage in, or may beeligible in the future to engage in, any intercollegiate sport. The
term does not include a person permanently ineligible to participate
in a particular intercollegiate sport for that sport.
Sec. 9. 1. This section and section 8 become effective upon
passage and approval.
2. Sections 1 to 7, inclusive, of this act become effective:(a) Upon passage and approval for the purpose of adopting
regulations and performing any preparatory administrative tasks thatare necessary to carry out the provisions of this act; and(b) On January 1, 2022, for all other purposes.
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