RELATING TO STUDENT-ATHLETE COMPENSATION.

HB2384

HOUSE OF REPRESENTATIVES

H.B. NO.

2384

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO STUDENT-ATHLETE COMPENSATION
.

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

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SECTION
1.
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The legislature finds that national
changes in college athletics resulting from the settlement in the
House, et
al. v. National Collegiate Athletic Association, et al.
litigation and
subsequent National Collegiate Athletic Association rule revisions now permit
institutions of higher education to provide direct financial compensation to
student‑athletes for use of their name, image, and likeness.

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The
legislature further finds that more than thirty states have enacted name,
image, and likeness laws, many of which were adopted prior to the House
settlement and are now being amended to reflect the rapidly changing
environment.
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Hawaii, which has not
enacted a comprehensive name, image, and likeness statute, is positioned to
establish a modern, flexible framework to protect student-athletes, ensure compliance
with Title IX, and promote transparency and accountability when public
resources are involved.

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The
legislature further finds that the scope and scale of name, image, and likeness
activity vary across campuses and athletic divisions within the university of
Hawaii system, and that institutional reporting and administrative requirements
established under this Act are intended to apply in a manner proportionate to
the level of institutional name, image, and likeness activity present at a
given campus.

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Accordingly,
the purpose of this Act is to establish a statewide name, image, and likeness
framework for compensating student‑athletes at the university of Hawaii
that:

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(1)
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Affirms student-athletes' right to engage in name,
image, and likeness activities;

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(2)
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Requires the university of Hawaii to adopt
policies governing institutional name, image, and likeness agreements and other
aspects of name, image, and likeness activity consistent with federal law, National
Collegiate Athletic Association rules, and Title IX;

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(3)
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Ensures transparency and accountability in the
administration of institutional name, image, and likeness programs; and

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(4)
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Provides basic protections and educational
support for student-athletes who enter name, image, and likeness agreements.

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The legislature
intends for the implementation and effectiveness of this Act to be reviewed during
the regular session of 2029, prior to this Act's repeal date of June 30, 2030.
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At that time, the legislature should
determine whether this Act shall be made permanent and whether amendments to
this Act are necessary.

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SECTION
2.
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Chapter 304A, Hawaii Revised
Statutes, is amended by adding a new subpart to part II to be appropriately
designated and to read as follows:

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Student-Athletes;
Name, Image, and Likeness

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�304A-
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Definitions.
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As used in this section, unless the context
clearly requires otherwise:

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"Institutional
name, image, and likeness agreement" means any agreement through which the
university provides financial compensation or other benefits to a
student-athlete for the use of the student-athlete's name, image, or likeness.

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"Intercollegiate
athletics governing body" refers to the National Collegiate Athletic
Association or any successor organization that serves as the regulating
authority for the intercollegiate athletic programs in which the university
participates.

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"Name,
image, and likeness activity" means any activity through which a
student-athlete receives financial compensation or other benefits for the use
of the student-athlete's name, image, or likeness.

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"Student-athlete"
means an individual who is enrolled at a campus of the university and
participates in intercollegiate athletics.

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"Third-party
name, image, and likeness agreement" means a name, image, and likeness
agreement between a student-athlete and a person or entity other than the university.

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"Title
IX" refers to the federal Education Amendments of 1972, codified as
title 20 United States Code section 1681 et seq.

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"University"
means the university of Hawaii.

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�304A-
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Rights of student-athletes.
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(a)
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A
student‑athlete may earn compensation for name, image, and likeness
activities consistent with this subpart, federal law, and applicable intercollegiate
athletics governing body rules.

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(b)
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Compensation received pursuant to a name,
image, and likeness activity shall not affect the student-athlete's scholarship
eligibility, grant-in-aid, or participation on an intercollegiate athletics
team.

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(c)
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The university, an athletic conference, or an
intercollegiate athletics governing body shall not prevent or unduly restrict a
student-athlete from engaging in name, image, and likeness activities except as
necessary to comply with:

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(1)
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Federal or state law;

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(2)
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Rules adopted by an intercollegiate athletics
governing body in response to the court-approved settlement in
House, et al.
v. National Collegiate Athletic Association, et al.
, and rules adopted by
an intercollegiate athletics governing body after the effective date of this
section; or

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(3)
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Reasonable and neutral university policies relating
to conflicts of interest, time commitments, or prohibited industries.

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�304A-
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University obligations and protections.
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(a)
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The
university shall adopt and periodically update written policies governing:

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(1)
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Institutional name, image, and likeness
agreements;

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(2)
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Third-party name, image, and likeness
disclosure requirements;

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(3)
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Athlete education regarding taxes, contracts,
and financial management;

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(4)
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Agent and representative interactions with
student‑athletes; and

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(5)
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Efforts to administer name, image, and
likeness activity benefits in a manner consistent with Title IX, based on
the best available guidance.

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(b)
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University policies shall not restrict
student‑athletes from retaining professional representation for name,
image, and likeness activities; provided that the representatives comply with
chapter 481Z and any other applicable laws, rules, and other requirements;
provided further that nothing in this subsection shall be construed to impose
new licensing, registration, or regulatory requirements on agents or
representatives beyond those required under existing law.

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(c)
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The university may prohibit student-athletes
from entering into name, image, and likeness agreements involving:

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(1)
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Gambling, sports wagering, or illegal drugs;

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(2)
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Adult entertainment;

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(3)
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Firearms or weapons;

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(4)
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Tobacco or vaping products; or

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(5)
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Any industry or entity deemed to conflict with
the university's mission or financial interests.

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(d)
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A student-athlete shall have at least ten
business days after signing an institutional or third-party name, image, and
likeness agreement to rescind the agreement.

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�304A-
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Name, image, and likeness disclosure and
reporting.
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(a)
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A student-athlete shall disclose to the
university any third-party name, image, and likeness agreement with
compensation valued at $600 or more; provided that, if an alternative threshold
is established by applicable intercollegiate athletics governing body rules or
federal law, the university may designate that alternative threshold as the
payment threshold for purposes of this section.

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(b)
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The university shall maintain a confidential
internal system for receiving and reviewing disclosures for compliance with
this subpart and rules and policies adopted pursuant to this subpart.
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Review of disclosures shall be for purposes
of institutional awareness and compliance with state law and shall not be
construed as an assumption of primary enforcement authority over
intercollegiate athletics governing body rules.

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(c)
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Beginning with the regular session of 2028,
the university shall submit an annual report to the legislature no later than
twenty days prior to the convening of each regular session.
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The report shall include, for the preceding
completed academic year:

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(1)
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The total value of institutional name, image,
and likeness agreements that are funded with state resources, disaggregated by
team and by gender but not by individual student-athlete;

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(2)
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A high-level, aggregate summary of third-party
name, image, and likeness agreements disclosed to the university, to the extent
that name, image, and likeness activity implicates institutional programs,
facilities, or compliance obligations;

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(3)
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A description of name, image, and likeness
activity‑related compliance measures implemented, including education
programs;

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(4)
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A description of the university's policies
governing name, image, and likeness activities and any updates made to the
policies during the prior year;

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(5)
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A statement of the university's efforts to
administer name, image, and likeness activities in a manner consistent with
Title IX, based on the best guidance available at the time; and

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(6)
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Any documented challenges, violations, or
disciplinary actions taken with regard to name, image, and likeness activities.

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(d)
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Records collected pursuant to this section
shall be confidential and exempt from disclosure under chapter 92F, except as
expressly provided for in the aggregate reporting requirements of this
section.
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Nothing in this section shall
require the public disclosure of personally identifying information or
confidential contract terms, consistent with federal law, including the Family
Educational Rights and Privacy Act.

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(e)
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The disclosure and reporting requirements in
this section shall apply only to a campus of the university that, during the
applicable academic year:

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(1)
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Enters into one or more institutional name,
image, and likeness agreements; or

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(2)
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Administers, facilitates, or oversees name,
image, and likeness activity disbursements or benefits pursuant to university
policy.

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�304A-
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Construction.
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Nothing in this subpart shall be construed
to:

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(1)
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Create an employment relationship between a
student‑athlete and the university;

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(2)
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Restrict the university from entering into institutional
name, image, and likeness agreements consistent with intercollegiate athletics
governing body rules; or

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(3)
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Limit the university's authority to adopt
policies governing conflicts of interest, team rules, or academic requirements.

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�304A-
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Rules.
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The university may adopt rules pursuant to chapter 91 necessary to
implement this subpart."

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SECTION
3.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of $
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or so much thereof as may be
necessary for fiscal year 2026-2027 to carry out the purposes of this Act.

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The sum
appropriated shall be expended by the university of Hawaii for the purposes of
this Act.

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SECTION 4.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 5.
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This Act shall take effect on July 1, 2026,
and shall be repealed on June 30, 2030.

INTRODUCED BY:

_____________________________

Report Title:

UH;
Student-Athletes; Compensation; NIL; Policies; Protections; Educational Support;
Appropriation

Description:

Affirms
student-athletes' rights to engage in name, image, and likeness activities for
compensation.
�
Requires the
University of Hawaii to adopt policies governing institutional name, image, and
likeness agreements and other aspects of name, image, and likeness activity
consistent with federal law, rules by an intercollegiate athletics governing
body such as the National Collegiate Athletic Association, and Title IX.
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Establishes certain transparency and
accountability requirements in the administration of institutional name, image,
and likeness activities.
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Provides
protections and educational support for student-athletes who enter into name,
image, and likeness agreements.
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Appropriates moneys.
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Sunsets
6/30/2030.

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