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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 745
2025-2026
Representatives Fischer, Plummer
To
enact sections 3314.0311, 3373.01, 3373.02, 3373.03, 3373.04,
3373.05, 3373.06, 3373.07, 3373.08, 3373.09, 3373.10, and 3373.11 of
the Revised Code
to
enact the Student-Athlete Publicity Rights and Fair Compensation Act
to address name, image, and likeness compensation for high school
athletes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3314.0311, 3373.01, 3373.02, 3373.03, 3373.04, 3373.05,
3373.06, 3373.07, 3373.08, 3373.09, 3373.10, and 3373.11 of the
Revised Code be enacted to read as follows:
Sec.
3314.0311.
Each
community school established under this chapter shall comply with
Chapter 3373. of the Revised Code.
Sec.
3373.01.
As
used in this chapter:
(A)
"Athlete agent" means an individual who holds a current and
valid certificate of registration issued under section 4771.08 of the
Revised Code or certificate of convenience issued under section
4771.09 of the Revised Code.
(B)
"High school" means any of the following that offers any of
grades nine through twelve:
(1)
A school operated by a city, local, exempted village, or joint
vocational school district;
(2)
A community school established under Chapter 3314. of the Revised
Code;
(3)
A STEM school established under Chapter 3326. of the Revised Code;
(4)
A college-preparatory boarding school established under Chapter 3328.
of the Revised Code;
(5)
A chartered nonpublic school;
(6)
A nonchartered nonpublic school that is a member of an organization
that regulates interscholastic athletic conferences or events.
(C)
"Name, image, or likeness activity" means any lawful
activity in which a student-athlete's identity is used for commercial
or promotional purposes.
(D)
"School governing authority" means all of the following:
(1)
A city, local, exempted village, or joint vocational school district
board of education;
(2)
A STEM school governing body;
(3)
A governing authority of a community school;
(4)
A governing authority of a chartered nonpublic school;
(5)
A governing authority of a nonchartered nonpublic school.
(E)
"Student-athlete" means an individual who participates in
athletic competitions or events administered by an organization that
regulates interscholastic athletic conferences or events and to whom
either of the following apply:
(1)
The student is enrolled in high school.
(2)
The student is participating in interscholastic athletics at a high
school including a student participating under sections 3313.536,
3313.537, 3313.5311, 3313.5312, and 3313.5313 of the Revised Code.
Sec.
3373.02.
(A)
Subject to division (B) of this section, and except as provided in
sections 3373.03, 3373.04, and 3373.07 of the Revised Code, a
student-athlete may do both of the following:
(1)
Earn compensation from the use of the student-athlete's name, image,
or likeness;
(2)
Engage in a name, image, or likeness activity.
(B)
No student-athlete shall earn compensation from the use of the
student-athlete's name, image, or likeness unless all of the
following apply:
(1)
The student-athlete enters into a written contract governing that
compensation.
(2)
The contract terms align with the fair market value of the
student-athlete's name, image, or likeness.
(3)
If the student-athlete is less than eighteen years of age, the
contract includes the written consent of the student-athlete's parent
or guardian.
Sec.
3373.03.
No
student-athlete shall enter into a contract providing compensation to
the student-athlete for use of the student-athlete's name, image, or
likeness if any of the following apply:
(A)
A collective, booster club, foundation, high school, school governing
authority, or any agent, coach, administrator, or other individual
affiliated with the school is a party to the contract.
(B)
The contract provides compensation to the student-athlete based on
the student-athlete's specific athletic performance or achievement.
(C)
The contract is entered into as an inducement for the student-athlete
to attend a particular high school.
(D)
The contract directly impacts any person other than the
student-athlete.
(E)
The contract provides money, merchandise, services of value, or any
other benefit directly to the student-athlete's high school or school
sports team.
(F)
The contract interferes with a student-athlete's required academic
instruction time.
(G)
The contract conflicts with the core educational mission or code of
conduct of the student-athlete's high school.
(H)
The contract requires a student-athlete to promote any of the
following products or services:
(1)
An alcoholic product;
(2)
A tobacco or nicotine product;
(3)
A marihuana product, medical marijuana product, or adult-use
marijuana product;
(4)
A controlled substance;
(5)
A gambling or sports wagering product;
(6)
An adult entertainment product or service;
(7)
A firearm or weapon other than a firearm or weapon that is used for
sporting or educational purposes;
(8)
Any other product or service that is prohibited under state or
federal law.
Sec.
3373.04.
(A)
Subject to division (B) of this section, a school governing authority
or organization that regulates interscholastic athletic conferences
or events may prohibit a student-athlete from entering into a
contract providing compensation to the student-athlete for use of the
student-athlete's name, image, or likeness if the contract directly
conflicts with either of the following:
(1)
The curriculum or public values of the school governing authority or
organization;
(2)
Any contract to which the school governing authority or organization
is a party.
(B)
No school governing authority or organization that regulates
interscholastic athletic conferences or events shall prohibit a
student-athlete from entering into a contract under this section
unless the school governing authority or organization applies the
prohibition uniformly and clearly publishes its policy regarding the
prohibition.
Sec.
3373.05.
(A)(1)
If a student-athlete intends to enter into a contract providing
compensation of more than five hundred dollars to the student-athlete
for use of the student-athlete's name, image, or likeness, not later
than seven days before entering into the proposed contract, the
student-athlete shall disclose it to an administrator designated by
the student-athlete's school governing authority. The student-athlete
also shall disclose the proposed contract to the student-athlete's
parent or guardian, unless the student-athlete has been emancipated
or has reached eighteen years of age.
(2)
Not later than five days after receiving a proposed contract under
division (A)(1) of this section, the administrator shall review the
proposed contract and determine whether it potentially does either of
the following:
(a)
Conflicts with any contract to which the school governing authority
is a party or any policy adopted by the school governing authority;
(b)
Violates section 3373.03 of the Revised Code.
(3)
If the administrator determines under division (A)(2) of this section
that a potential conflict or violation exists, the administrator
shall communicate to the student-athlete the basis for the conflict
or violation not later than five days after receiving the proposed
contract. The student-athlete shall not enter into the proposed
contract, but the student-athlete may negotiate a revision to it to
avoid the conflict or violation. The revised proposed contract is
subject to review by the administrator.
(B)
A school governing authority may adopt a policy that requires a
student-athlete who intends to enter into a contract providing
compensation of five hundred dollars or less for use of the
student-athlete's name, image, or likeness to disclose the proposed
contract in the manner described under division (A) of this section.
If the school governing authority adopts a policy, the
student-athlete and designated administrator shall comply with that
policy.
(C)
No administrator designated by a school governing authority under
this section shall unreasonably determine that a potential conflict
or violation exists, or retaliate against a student-athlete, for
purposes of division (A)(2) of this section, because the
student-athlete engages in a name, image, or likeness activity.
Sec.
3373.06.
(A)
No school governing authority or organization that regulates
interscholastic athletic conferences or events shall do any of the
following:
(1)
Prohibit a student-athlete from engaging in a name, image, or
likeness activity;
(2)
Prohibit a student-athlete from fully participating in
interscholastic athletics because the student-athlete engages in a
name, image, or likeness activity or obtains professional
representation from an athlete agent or attorney;
(3)
Take any adverse action with respect to any scholarship or financial
aid a student-athlete may receive from the school because the
student-athlete engages in a name, image, or likeness activity;
(4)
Charge additional fees for a student-athlete to participate in
interscholastic athletics that exceed any fees charged to other
student-athletes participating in interscholastic athletics because
the student-athlete engages in a name, image, or likeness activity;
(5)
Require a student-athlete to engage in a name, image, or likeness
activity or to endorse any company or cause.
(B)
No school governing authority shall condition a student-athlete's
school enrollment, grades, sports team selection, or other benefit
based on whether the student-athlete engages in a name, image, or
likeness activity.
Sec.
3373.07.
(A)
A school governing authority or organization that regulates
interscholastic athletic conferences or events may establish a
written policy regulating the time, place, and manner of name, image,
or likeness activities by student-athletes to protect academic or
school sports team obligations.
(B)
A school governing authority may do either of the following:
(1)
Prohibit the use of any uniform, logo, or facility belonging to the
school governing authority by a student-athlete when engaging in a
name, image, or likeness activity;
(2)
Authorize a student-athlete to use the property described under
division (B)(1) of this section when engaging in a name, image, or
likeness activity if, before engaging in the activity, the
student-athlete obtains the written consent from the school governing
authority.
(C)
An organization that regulates interscholastic athletic conferences
or events may do either of the following:
(1)
Prohibit the use of any uniform, logo, or facility belonging to the
organization by a student-athlete when engaging in a name, image, or
likeness activity;
(2)
Authorize a student-athlete to use the property described under
division (C)(1) of this section when engaging in a name, image, or
likeness activity if, before engaging in the activity, the
student-athlete obtains the written consent from the organization.
Sec.
3373.08.
(A)
If a student-athlete transfers from one high school to another high
school to participate in interscholastic athletics at the other
school and the reason for the transfer relates to any contract
providing compensation to the student-athlete for use of the
student-athlete's name, image, or likeness, there is a rebuttable
presumption that the student-athlete has violated division (C) of
section 3373.03 of the Revised Code.
(B)
If a student-athlete is presumed to have violated division (C) of
section 3373.03 of the Revised Code under this section, the
organization that regulates interscholastic athletic conferences or
events may suspend the student-athlete from participating in
interscholastic athletics during an investigation regarding the
alleged violation.
(C)
If, after investigating whether a student-athlete has violated
division (C) of section 3373.03 of the Revised Code, the organization
that regulates interscholastic athletic conferences or events
determines a student-athlete has violated that division, the
organization shall not permit the student-athlete to participate in
interscholastic athletics after the first fifty per cent of the
maximum allowable varsity regular season contests have been completed
or in any post-season contests.
(D)
Each organization that regulates interscholastic athletic conferences
or events shall adopt rules or bylaws to implement this section.
Sec.
3373.09.
Notwithstanding
any provision of the Revised Code to the contrary, a student-athlete
is not an employee or independent contractor of a school governing
authority based on the student-athlete doing any of the following:
(A)
Participating in an athletic program offered by the school governing
authority;
(B)
Earning compensation for use of the student-athlete's name, image, or
likeness;
(C)
Engaging in a name, image, or likeness activity.
Sec.
3373.10.
(A)
Each organization that regulates interscholastic athletic conferences
or events shall adopt rules or bylaws establishing penalties for any
violation of this chapter by a student-athlete or school governing
authority. The organization shall include in the rules or bylaws both
of the following:
(1)
A procedure to investigate any allegation that a student-athlete or
school governing authority has violated this chapter and to make a
determination regarding the allegation;
(2)
A procedure for a student-athlete or school governing authority to
appeal an adverse determination to the organization.
(B)
If a student-athlete or school governing authority is alleged to have
violated this chapter, the organization that regulates
interscholastic athletic conferences or events may suspend the
student-athlete or school governing authority from participating in
interscholastic athletics during an investigation of the alleged
violation.
Sec.
3373.11.
(A)
A student-athlete alleging that the student-athlete has been injured
because a school governing authority or organization that regulates
interscholastic athletic conferences or events has violated this
chapter may maintain an action in any court of competent jurisdiction
to seek injunctive relief or damages.
(B)
If the attorney general, based on the attorney general's own
initiative or on a complaint, has reasonable cause to believe that a
school governing authority or organization that regulates
interscholastic athletic conferences or events has violated or is
violating this chapter, the attorney general may investigate whether
a violation has occurred or is occurring.
If
the attorney general has reasonable cause to believe a violation of
this chapter has occurred or is occurring, the attorney general may
maintain a civil action against a school governing authority or
organization in any court of competent jurisdiction to seek
injunctive relief or damages.
(C)
No school governing authority, organization that regulates
interscholastic athletic conferences or events, or official thereof
is liable for any damages that result from a violation of this
chapter if the school governing authority, organization, or official
acted in good faith to comply with this chapter.
Section
2.
This
act shall be known as the Student-Athlete Publicity Rights and Fair
Compensation Act.