2023 Montana Code Annotated › Title 20. Education › Chapter 1. General Provisions › Part 2. Miscellaneous Provisions › 20-1-232. Student-athlete rights and protections -- definitions

20-1-232. Student-athlete rights and protections -- 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) (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 in subsections (3) through (6), 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), 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 to an 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 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.
(4) 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.
(5) A postsecondary school may:
(a) include provisions in scholarship agreements allowing the postsecondary school to use the athlete's name, image, and likeness;
(b) prohibit the use of an athlete's name, image, and likeness on school 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
(d) do any combination of subsections (5)(a) through (5)(c).
(6) 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.
History: En. Sec. 1, Ch. 396, L. 2021.