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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1046
Introduced by McKinney, 11.
Read first time January 14, 2026
Committee: Education
A BILL FOR AN ACT relating to education; to define terms; to provide for1
school policies relating to certain name, image, and likeness rights2
for certain high school students; and to provide powers and duties3
to the State Board of Education and school boards as prescribed.4
Be it enacted by the people of the State of Nebraska,5
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Section 1. (1) For purposes of this section: 1
(a) Commercial name, image, and likeness activity means any2
transaction or agreement in which a student-participant receives3
compensation, monetary or otherwise, in exchange for use of such4
student's name, image, and likeness; 5
(b) Name, image, and likeness means attributes that identify a6
specific person, including such person's name, image, likeness, voice,7
signature, or other personal identifiers; 8
(c) School property and identifiers includes any school name,9
mascot, logo, uniform, facility, equipment, or official game or practice10
recording; and 11
(d) Student-participant means a high school student in this state12
who participates in interscholastic athletics or activities at a high13
school that is a member of an athletics or activities association.14
(2) On or before January 1, 2027, the State Board of Education shall15
adopt a model policy relating to name, image, and likeness rights of16
student-participants. Such policy shall: 17
(a) Allow a student-participant to: 18
(i) Engage in commercial name, image, and likeness activities19
individually or with assistance from agents, attorneys, or20
representatives; and 21
(ii) Retain eligibility to participate in interscholastic athletics22
or activities at such high school, as long as such commercial name,23
image, and likeness activity complies with school policy and the policies24
of any athletic or activities association of which such student-25
participant's school is a member; 26
(b) Prohibit a student-participant from engaging in any commercial27
name, image, and likeness activity that: 28
(i) Uses or refers to school property and identifiers or conflicts29
with any school contract or any contract of the athletic or activities30
association to which such school is a member, except that a student-31
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participant may submit game footage or performance materials for purposes1
of scholarship offers or postsecondary recruitment purposes;2
(ii) Occurs during official school hours or the hours of such3
student-participant's school-sponsored athletic event or activity;4
(iii) Is used by any individual or organization, including a school5
or school employee, to recruit or induce a student-participant to enroll6
in or transfer to such school; and 7
(iv) Promotes any of the following: 8
(A) Alcohol, tobacco, vaping products; 9
(B) Controlled substances; 10
(C) Gambling, lotteries, or sports betting; 11
(D) Adult entertainment; 12
(E) Weapons or firearms; 13
(F) Any illegal products or services; or 14
(G) Any content in violation of federal, state, or school policy;15
(c) Include a process for a student-participant to disclose any16
commercial name, image, or likeness activity to a designated school17
official prior to or within five business days of engaging in a18
commercial name, image, or likeness activity for approval or review. Such19
process shall include an appeal process; 20
(d) Require a designated school official to notify any applicable21
athletic or activities association to which such school is a member of22
any information received pursuant to subdivision (2)(c) of this section23
as soon as administratively possible after receiving such disclosure;24
(e) Include procedures for specific commercial name, image, or25
likeness activities disclosure and review of any contract signed by a26
student-participant or the parent or legal guardian on behalf of a27
student-participant that is younger than eighteen years of age;28
(f) Specify how such policy will be enforced and any penalties for29
noncompliance with the policy, which should not include monetary30
penalties, but may include temporary ineligibility for athletic or31
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activity participation; and 1
(g) Include education for student-participants and their families on2
commercial name, image, and likeness activities, including tax and3
financial implications. 4
(3) Beginning with school year 2027-28, each school board of a5
school district that provides school-sponsored interscholastic athletics6
or activities and is a member of an athletic or activities association7
shall adopt a policy consistent with the model policy developed by the8
State Board of Education pursuant to this section. 9
(4) A student-participant shall not be penalized, declared10
ineligible, or disciplined by a school district or athletic association11
to which such student-participant's school is a member for participating12
in any commercial name, image, or likeness activity conducted in13
accordance with a school policy adopted pursuant to this section.14
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