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69th Legislature 2025 SB 271
- 1 - Authorized Print Version – SB 271
ENROLLED BILL
AN ACT GENERALLY REVISING LAWS REGARDING STUDENT-ATHLETE RIGHTS AND PROTECTIONS;
ELIMINATING THE PROHIBITION ON A POSTSECONDARY INSTITUTION OR ATHLETIC ASSOCIATION,
CONFERENCE, OR ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE SPORTS FROM
PROVIDING A PROSPECTIVE OR CURRENT STUDENT-ATHLETE COMPENSATION FOR USE OF THE
STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS; AMENDING SECTION 20-1-232, MCA; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-1-232, MCA, is amended to read:
"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) (5), 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
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(d) subject to subsection (5)(a) (4)(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)(4) 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) (4)(a) through (5)(c) (4)(c).
(6)(5) Nothing in this section prohibits a postsecondary institution from establishing or enforcing a
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conduct code that is applicable to all students enrolled at the unit."
Section 2. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 271, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 271
INTRODUCED BY E. BOLDMAN, W. GALT, S. NOVAK, C. NEUMANN, S. ROSENZWEIG, E. MATTHEWS, A.
REGIER, D. HARVEY, D. LOGE, M. REGIER, S. FITZPATRICK, K. WALSH, R. MINER, P. FLOWERS, G.
HERTZ, B. MERCER, B. MITCHELL, S. MORIGEAU, P. TUSS, J. DARLING
AN ACT GENERALLY REVISING LAWS REGARDING STUDENT-ATHLETE RIGHTS AND PROTECTIONS;
ELIMINATING THE PROHIBITION ON A POSTSECONDARY INSTITUTION OR ATHLETIC ASSOCIATION,
CONFERENCE, OR ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE SPORTS FROM
PROVIDING A PROSPECTIVE OR CURRENT STUDENT-ATHLETE COMPENSATION FOR USE OF THE
STUDENT-ATHLETE'S NAME, IMAGE, OR LIKENESS; AMENDING SECTION 20-1-232, MCA; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.