THE SENATE

S.B. NO.

2616

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to high school athletics.

 

 

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

 

     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§302A-     High school athletes.  (a)  No public or private high school shall uphold any rule, requirement, standard, or other limitation preventing a student-athlete at that school from earning compensation as a result of the use of the student's name, image, or likeness.  For private high schools, earning compensation from the use of a student's name, image, or likeness shall not affect the student's scholarship eligibility.

     (b)  No athletic association, conference, or other group or organization having authority over high school athletics, including the Hawaii High School Athletic Association, shall prevent:

     (1)  A student-athlete from earning compensation as a result of the use of the student's name, image, or likeness; or

     (2)  A public or private high school from participating in high school athletics as a result of the compensation of a student-athlete for the use of the student's name, image, or likeness.

     (c)  No public or private high school, athletic association, conference, or other group or organization having authority over high school athletics shall:

     (1)  Provide a prospective student-athlete with compensation in relation to the student-athlete's name, image, or likeness; or

     (2)  Prevent a student-athlete from obtaining professional representation in relation to contracts or legal matters, including representation provided by athlete agents or legal representation provided by attorneys.

     (d)  Professional representation obtained by
student-athletes shall be from persons licensed by the State.  Professional representation by athlete agents shall be by persons licensed pursuant to chapter 481Z.  Legal representation of student-athletes shall be by attorneys duly licensed by the supreme court of Hawaii pursuant to the rules of the supreme court of Hawaii and the Hawaii board of bar examiners rules of procedure.

     (e)  Athlete agents representing student-athletes shall comply with the federal Sports Agent Responsibility and Trust Act, title 15 United States Code chapter 104, in their relationships with student-athletes.

     (f)  No scholarship from a private high school in which a student-athlete is enrolled and that provides funding to the student-athlete for the cost of attendance at that private high school shall be considered compensation for the purposes of this section, and no scholarship shall be revoked as a result of a student-athlete earning compensation or obtaining professional representation pursuant to this section.

     (g)  A student-athlete who enters into a contract providing compensation to the student-athlete for use of the student‑athlete's name, image, or likeness shall disclose the contract to an official of the public or private high school, to be designated by the public or private high school.

     (h)  For purposes of this section:

     "Private high school" means an educational institution that teaches students in any grade from nine through twelve and that is either:

     (1)  Licensed; or

     (2)  Accredited by the Hawaii Association of Independent Schools, Hawaii Council of Private Schools, Western Association of Schools and Colleges, Western Catholic Educational Association, Association of Christian Schools International, or a similar entity recognized by the Hawaii Council of Private Schools that meets or exceeds the standards set by the entities identified herein, and submits health and safety documentation to the Hawaii Council of Private Schools or the Hawaii Catholic Schools office on an annual basis.

     "Student-athlete", "student", or "athlete" means a student of a public or private high school participating in high school athletics."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval and shall be repealed on January 1, 2030.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

Report Title:

Education; Athletics; Student-Athletes; Names, Images, Likenesses; Compensation; Representation; Public Schools; Private Schools

 

Description:

Authorizes student-athletes attending public and private high schools to earn compensation for the use of their name, image, or likeness, and to obtain related professional representation.  Repeals on 1/1/30.

 

 

 

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