Bill Text: IA HF628 | 2025-2026 | 91st General Assembly | Introduced


Bill Title: A bill for an act relating to compensation and name, image, and likeness rights of student athletes at postsecondary educational institutions, providing remedies, and including applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-28 - Introduced, referred to Economic Growth and Technology. H.J. 470. [HF628 Detail]

Download: Iowa-2025-HF628-Introduced.html
House File 628 - Introduced HOUSE FILE 628 BY WOOD A BILL FOR An Act relating to compensation and name, image, and 1 likeness rights of student athletes at postsecondary 2 educational institutions, providing remedies, and including 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2365YH (2) 91 je/jh
H.F. 628 Section 1. NEW SECTION . 261K.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Institutional marketing associate” means any third-party 4 entity that enters into an agreement with a postsecondary 5 educational institution or its intercollegiate athletics 6 program to market or promote the postsecondary educational 7 institution or its intercollegiate athletics program, or to 8 otherwise act on behalf of the postsecondary educational 9 institution or the postsecondary educational institution’s 10 intercollegiate athletics program. “Institutional marketing 11 associate” does not include a regulatory body, postsecondary 12 educational institution, postsecondary educational institution 13 staff member, or their respective officers, directors, 14 managers, owners, or employees. 15 2. “Postsecondary educational institution” means an 16 institution of higher education governed by the state board 17 of regents, a community college, or a private postsecondary 18 educational institution in this state. 19 3. “Student athlete” means an individual who is eligible 20 to participate in, participates in, or has participated in 21 an intercollegiate sport for a postsecondary educational 22 institution. “Student athlete” does not include an individual 23 who is eligible to participate in, participates in, or has 24 participated in a college intramural sport or in a professional 25 sport outside of intercollegiate athletics. 26 4. “Third party” means any individual or entity, including 27 any athlete agent, other than a postsecondary educational 28 institution, athletic conference, or athletic association. 29 5. “Unique identifier” means any of the following developed 30 or adopted for marketing or promotional purposes by a 31 postsecondary educational institution or a third party: 32 a. A seal. 33 b. A logo. 34 c. An emblem. 35 -1- LSB 2365YH (2) 91 je/jh 1/ 14
H.F. 628 d. A motto. 1 e. A special symbol. 2 f. Institutional colors. 3 g. A modifier or descriptor. 4 h. A design. 5 i. A patentable or copyrightable item, material, or 6 information. 7 j. Any other item, material, or information that identifies 8 and is recognizable as unique to such postsecondary educational 9 institution or third party. 10 Sec. 2. NEW SECTION . 261K.2 Compensation of student 11 athletes —— professional representation. 12 1. a. (1) A postsecondary educational institution 13 shall not enforce any rule, requirement, standard, or other 14 limitation of an athletic association or athletic conference 15 that prevents a student athlete of that institution from fully 16 participating in intercollegiate athletics without penalty or 17 from earning compensation as a result of the use of the student 18 athlete’s name, image, likeness rights, or athletic reputation. 19 (2) A student athlete’s financial aid eligibility, amount, 20 duration, or renewal, or any other benefit for which the 21 student athlete is otherwise eligible, shall not be affected by 22 the student athlete earning compensation from the use of the 23 student athlete’s name, image, or likeness rights, or athletic 24 reputation. 25 b. (1) A postsecondary educational institution shall 26 not interfere with or prevent a student athlete from fully 27 participating in intercollegiate athletics or obtaining 28 professional representation without penalty in relation to 29 contracts or legal matters relating to earning compensation 30 as a result of the use of the student athlete’s name, image, 31 likeness rights, or athletic reputation, including but 32 not limited to representation provided by athlete agents 33 or financial advisors or legal representation provided by 34 attorneys. 35 -2- LSB 2365YH (2) 91 je/jh 2/ 14
H.F. 628 (2) Representation by athlete agents or financial advisors 1 or legal representation provided by attorneys shall be provided 2 by individuals licensed in this state. Any professional 3 representation agreement must be in writing, be executed by 4 both parties, clearly describe the obligations of the parties, 5 and outline fees for the professional representation. 6 Sec. 3. NEW SECTION . 261K.3 Financial aid. 7 For purposes of this chapter, financial aid from a 8 postsecondary educational institution in which a student 9 athlete is enrolled shall not be considered compensation for 10 use of the athlete’s name, image, and likeness rights, or 11 athletic reputation. 12 Sec. 4. NEW SECTION . 261K.4 Limitations on certain 13 contracts. 14 1. A student athlete shall not enter into an apparel, 15 equipment, or beverage contract providing compensation to the 16 athlete for use of the student athlete’s name, image, likeness 17 rights, or athletic reputation if the contract requires the 18 student athlete to display a sponsor’s apparel, equipment, 19 or beverage or otherwise advertise for the sponsor during 20 official team activities if such provisions are in conflict 21 with a provision of the postsecondary educational institution’s 22 current licenses or contracts. 23 2. A student athlete shall not enter into a contract for 24 compensation for the use of the student athlete’s name, image, 25 likeness rights, or athletic reputation if a postsecondary 26 educational institution determines that a term of the contract 27 conflicts with a term of a contract to which the institution is 28 a party. A postsecondary educational institution may authorize 29 an exception to this subsection in writing. 30 Sec. 5. NEW SECTION . 261K.5 Assistance by postsecondary 31 educational institutions. 32 A postsecondary educational institution or any officer, 33 director, or employee of such institution, including but 34 not limited to a coach, member of the coaching staff, or 35 -3- LSB 2365YH (2) 91 je/jh 3/ 14
H.F. 628 any individual associated with the institution’s athletic 1 department, may identify, create, facilitate, negotiate, 2 support, enable, or otherwise assist with opportunities for 3 a student athlete to earn compensation from a third party, 4 including an institutional marketing associate, for the use 5 of the student athlete’s name, image, likeness rights, or 6 athletic reputation, provided that a postsecondary educational 7 institution or individual shall not do any of the following: 8 1. Receive compensation from the student athlete or a 9 third party for facilitating, enabling, or assisting with such 10 opportunities. 11 2. Attempt to influence a student athlete’s choice of 12 professional representation related to such opportunities. 13 3. Attempt to reduce a student athlete’s opportunities from 14 competing third parties. 15 Sec. 6. NEW SECTION . 261K.6 Disclosure of contracts. 16 Before any contract for compensation for the use of a student 17 athlete’s name, image, likeness rights, or athletic reputation, 18 or for professional representation, is executed, and before any 19 compensation is provided to the student athlete in advance of a 20 contract, the student athlete shall disclose the contract to 21 the student athlete’s postsecondary educational institution in 22 a manner prescribed by the institution. 23 Sec. 7. NEW SECTION . 261K.7 Limitation on compensation by 24 institutions. 25 A postsecondary educational institution or any officer, 26 director, or employee of such institution shall not compensate 27 a student athlete, prospective student athlete, or the family 28 thereof for the use of the student athlete or prospective 29 student athlete’s name, image, likeness rights, or athletic 30 reputation, unless otherwise permitted by institutional policy 31 and a collegiate athletics association of which the institution 32 is a member. 33 Sec. 8. NEW SECTION . 261K.8 Unique identifiers. 34 1. A postsecondary educational institution or a third 35 -4- LSB 2365YH (2) 91 je/jh 4/ 14
H.F. 628 party shall develop and adopt a process for granting to a 1 student athlete, or to a third party for use with a student 2 athlete, a license to use such institution’s or third party’s 3 unique identifiers when earning or attempting to earn 4 compensation from the use of the student athlete’s name, image, 5 likeness rights, or athletic reputation consistent with the 6 institution’s or third party’s policies regarding licensing of 7 its unique identifiers. 8 2. A postsecondary educational institution or a third party 9 may charge a reasonable fee for a license to use a unique 10 identifier under this section. 11 3. A postsecondary educational institution or a third 12 party may impose requirements that a student athlete granted 13 a license under this section refrain from using such unique 14 identifier in a manner that the institution or third party in 15 its sole discretion determines does any of the following: 16 a. Is reasonably considered to be inconsistent with the 17 institution’s or third party’s values or mission. 18 b. Adversely affects the institution’s or third party’s 19 image. 20 c. Negatively impacts or inappropriately reflects upon the 21 reputation or religious, moral, or ethical standards of the 22 institution or third party. 23 d. Violates the institution’s or third party’s code of 24 conduct or similar requirements. 25 e. Conflicts with a provision of the institution’s or third 26 party’s current licenses or contracts. 27 Sec. 9. NEW SECTION . 261K.9 Compensation outside of 28 official, mandatory team activities. 29 The terms of a contract of a postsecondary educational 30 institution’s athletic program shall not prevent a student 31 athlete from receiving compensation for using the student 32 athlete’s name, image, likeness rights, or athletic reputation 33 for a commercial purpose when the student athlete is not 34 engaged in official mandatory team activities that are recorded 35 -5- LSB 2365YH (2) 91 je/jh 5/ 14
H.F. 628 in writing and can be made publicly available upon request. 1 Sec. 10. NEW SECTION . 261K.10 Confidentiality of contracts. 2 1. The terms of a contract or proposed contract detailing 3 compensation to a student athlete at a public postsecondary 4 educational institution for the use of the student athlete’s 5 name, image, likeness rights, or athletic reputation shall be 6 considered confidential records under section 22.7 and shall 7 not be available for examination by the public pursuant to 8 section 22.2. 9 2. If a private postsecondary educational institution 10 collects, retains, or maintains the terms of a student 11 athlete’s contract or proposed contract detailing compensation 12 to the student athlete for the use of the student athlete’s 13 name, image, likeness rights, or athletic reputation, the 14 postsecondary educational institution shall consider such 15 contract terms to be student governed by the federal Family 16 Education Rights and Privacy Act. 17 Sec. 11. NEW SECTION . 261K.11 Conditions on compensation. 18 Compensation to a student athlete for earning or attempting 19 to earn compensation from the use of such student athlete’s 20 name, image, likeness rights, or athletic reputation shall not 21 be conditioned on such student athlete’s athletic performance. 22 Persons providing compensation to a student athlete for the 23 use of the student athlete’s name, image, likeness rights, or 24 athletic reputation shall have the right to condition payment 25 of that compensation on a student athlete’s attendance at a 26 particular postsecondary educational institution. 27 Sec. 12. NEW SECTION . 261K.12 Compensation by nonprofit 28 organizations. 29 A nonprofit entity that is exempt from federal income 30 taxation pursuant to section 501(c)(3) of the Internal Revenue 31 Code shall have the right to compensate a student athlete 32 for the commercial use of the student athlete’s name, image, 33 likeness rights, or athletic reputation. 34 Sec. 13. NEW SECTION . 261K.13 Institutional marketing 35 -6- LSB 2365YH (2) 91 je/jh 6/ 14
H.F. 628 associates. 1 1. Notwithstanding any rule of an athletic association, 2 athletic conference, or any other organization with authority 3 over varsity intercollegiate athletics, institutional marketing 4 associates shall have the right to compensate a student athlete 5 for the commercial use of the student athlete’s name, image, 6 likeness rights, or athletic reputation. This includes the 7 right to compensate a student athlete for the commercial use 8 of the student athlete’s name, image, or likeness rights in 9 connection with the promotion of athletic events in which the 10 student athlete will or may participate, the promotion of the 11 postsecondary educational institution the student athlete 12 attends, and the promotion of the postsecondary educational 13 institution’s intercollegiate athletics program. Additionally, 14 an institutional marketing associate shall, in the event that a 15 postsecondary educational institution or its intercollegiate 16 athletics program affirmatively grants a request therefor, 17 have the right to utilize content creation and marketing 18 capabilities of a postsecondary educational institution or 19 the postsecondary educational institution’s intercollegiate 20 athletics program in connection with services provided for the 21 promotion of athletic events in which a student athlete will or 22 may participate, the postsecondary educational institution, or 23 the institution’s intercollegiate athletics program. 24 2. Notwithstanding any rule of an athletic association, 25 athletic conference, or any other organization with authority 26 over varsity intercollegiate athletics, a student athlete shall 27 have the right to receive compensation from an institutional 28 marketing associate for the commercial use of the student 29 athlete’s name, image, likeness rights, or athletic reputation, 30 in connection with the promotion of athletic events in which 31 the student athlete will or may participate, the promotion of 32 the postsecondary educational institution the student athlete 33 attends, and the promotion of the postsecondary educational 34 institution’s intercollegiate athletics program, or other 35 -7- LSB 2365YH (2) 91 je/jh 7/ 14
H.F. 628 matters. 1 Sec. 14. NEW SECTION . 261K.14 Educational workshops. 2 A postsecondary educational institution that enters into 3 commercial agreements that directly or indirectly require 4 the use of a student athlete’s name, image, likeness rights, 5 or athletic reputation shall offer at least two educational 6 workshops per calendar year that may include topics such 7 as financial literacy, life skills, time management, and 8 entrepreneurship. The educational workshops shall not be 9 offered in the same month and each workshop offered in a 10 calendar year shall be unique and not a repetition of the 11 other workshop offered that year. A postsecondary educational 12 institution shall notify all student athletes of the 13 educational workshops through the distribution of informational 14 materials via electronic mail or other communication methods 15 the institution regularly uses to communicate with student 16 athletes. The educational workshops shall not include any 17 marketing, advertising, referral, or solicitation by providers 18 of financial products or services. 19 Sec. 15. NEW SECTION . 261K.15 Athletic associations, 20 conferences, or organizations —— prohibited activities. 21 An athletic association, athletic conference, or any other 22 organization with authority over varsity intercollegiate 23 athletics shall not do any of the following or authorize its 24 member institutions to do so: 25 1. Prevent a student athlete from receiving compensation 26 for the commercial use of the student athlete’s name, image, 27 likeness rights, or athletic reputation under this chapter or 28 penalize a student athlete for doing so. 29 2. Prevent a postsecondary educational institution from 30 participating in varsity intercollegiate athletics or otherwise 31 penalize a postsecondary educational institution as a result 32 of a student athlete’s receipt of compensation for the student 33 athlete’s name, image, likeness rights, or athletic reputation 34 under this chapter. 35 -8- LSB 2365YH (2) 91 je/jh 8/ 14
H.F. 628 3. Prevent a postsecondary educational institution from 1 establishing agreements with a third-party entity to act on 2 its behalf to identify, facilitate, enable, or support student 3 athlete name, image, and likeness activities. 4 4. Accept a complaint, open an investigation, or take 5 any other adverse action against a postsecondary educational 6 institution or any of its employees for engaging in any 7 activity permitted under this chapter. 8 5. Penalize a postsecondary educational institution because 9 an institutional marketing associate compensates a student 10 athlete for use of the student athlete’s name, image, likeness 11 rights, or athletic reputation, as permitted under this 12 chapter, or if a third party violates the collegiate athletic 13 association’s rules or regulations with regard to student 14 athlete name, image, or likeness activities. 15 Sec. 16. NEW SECTION . 261K.16 Civil action —— remedies. 16 1. A student athlete may bring a civil action against third 17 parties that violate this chapter or that interfere with the 18 student athlete’s earning or attempting to earn compensation 19 from the use of such student athlete’s name, image, likeness 20 rights, or athletic reputation for injunctive relief and actual 21 damages. The court shall award court costs and reasonable 22 attorney fees to a prevailing student athlete. 23 2. A student athlete bringing an action under this chapter 24 shall not be deprived of any protections provided under law 25 with respect to a controversy that arises and shall have the 26 right to adjudicate claims that arise under this chapter. 27 Sec. 17. NEW SECTION . 261K.17 Applicability to high school 28 students. 29 1. A high school student who competes on an interscholastic 30 athletic team in this state that is sponsored by a public 31 school or by a private school whose students compete against 32 a public school’s students may earn or attempt to earn 33 compensation from the use of the student’s name, image, 34 likeness rights, or athletic reputation as though the student 35 -9- LSB 2365YH (2) 91 je/jh 9/ 14
H.F. 628 were a student athlete as provided in this chapter, subject to 1 the following: 2 a. A high school student shall have the right to discuss 3 earning or attempting to earn such compensation before signing 4 an athletic letter of intent or other written agreement only 5 when having discussions about potential enrollment with a 6 postsecondary educational institution. 7 b. A high school student shall have the right to earn 8 or attempt to earn such compensation only after signing an 9 athletic letter of intent or other written agreement to enroll 10 in a postsecondary educational institution. 11 2. The discussion of, or earning or attempting to earn, 12 compensation from the use of a high school student’s name, 13 image, likeness rights, or athletic reputation as provided in 14 this chapter shall not be construed to be a violation of any 15 rule and regulation a high school student and high schools 16 are required to follow to maintain and protect a high school 17 student’s eligibility to participate in high school athletics 18 in this state. 19 Sec. 18. NEW SECTION . 261K.18 Limitation of liability and 20 legal settlements. 21 1. A postsecondary educational institution’s employees, 22 including athletics coaching staff, shall not be liable for any 23 damages to a student athlete’s ability to earn compensation 24 for the use of the student athlete’s name, image, or likeness 25 resulting from decisions or actions routinely taken in the 26 course of intercollegiate athletics. 27 2. A legal settlement shall not permit noncompliance with 28 this chapter. Any such provision is void and unenforceable. 29 Sec. 19. NEW SECTION . 261K.19 Construction. 30 1. This chapter shall not be construed to qualify a 31 student athlete as an employee of a postsecondary educational 32 institution. 33 2. This chapter does not affect the rights of student 34 athletes under Tit. IX of the Education Amendments of 1972, 20 35 -10- LSB 2365YH (2) 91 je/jh 10/ 14
H.F. 628 U.S.C. §1681 et seq. 1 Sec. 20. APPLICABILITY. This Act applies to agreements 2 or contracts entered into, modified, or renewed on or after 3 the effective date of this Act. Such agreements or contracts 4 include but are not limited to the national letter of intent, 5 an athlete’s financial aid agreement, commercial contracts in 6 the athlete group licensing market, and athletic conference or 7 athletic association rules or bylaws. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to compensation and name, image, 12 and likeness rights of student athletes at postsecondary 13 educational institutions. The bill defines a “postsecondary 14 educational institution” as an institution of higher education 15 governed by the state board of regents, a community college, or 16 a private postsecondary educational institution in this state. 17 The bill prohibits a postsecondary educational institution 18 from enforcing any rule, requirement, standard, or other 19 limitation of an athletic association or athletic conference 20 that prevents a student athlete of that institution from fully 21 participating in intercollegiate athletics without penalty or 22 from earning compensation as a result of the use of the student 23 athlete’s name, image, likeness rights, or athletic reputation. 24 The bill provides that a student athlete’s financial aid 25 eligibility shall not be affected by the student athlete 26 earning compensation from the use of the student athlete’s 27 name, image, or likeness rights, or athletic reputation. 28 The bill prohibits a postsecondary educational institution 29 from interfering with or preventing a student athlete from 30 fully participating in intercollegiate athletics or obtaining 31 professional representation without penalty in relation to 32 contracts or legal matters relating to earning compensation 33 as a result of the use of the student athlete’s name, image, 34 likeness rights, or athletic reputation. The bill provides 35 -11- LSB 2365YH (2) 91 je/jh 11/ 14
H.F. 628 requirements for such professional representation. 1 The bill provides that financial aid from a postsecondary 2 educational institution in which a student athlete is enrolled 3 shall not be considered compensation for use of the athlete’s 4 name, image, and likeness rights, or athletic reputation. 5 The bill provides limitations on a student athlete entering 6 into an apparel, equipment, or beverage contract providing 7 compensation to the athlete for use of the student athlete’s 8 name, image, likeness rights, or athletic reputation. 9 The bill authorizes a postsecondary educational institution 10 or any officer, director, or employee of such institution to 11 identify, create, facilitate, negotiate, support, enable, or 12 otherwise assist with opportunities for a student athlete to 13 earn compensation from a third party, as defined in the bill, 14 for the use of the student athlete’s name, image, likeness 15 rights, or athletic reputation with specified limitations. 16 The bill requires a student athlete to disclose a contract 17 for compensation for the use of a student athlete’s name, 18 image, likeness rights, or athletic reputation, or for 19 professional representation, to the student athlete’s 20 postsecondary educational institution in a manner prescribed by 21 the institution before the contract is executed, and before any 22 compensation is provided to the student athlete in advance of 23 the contract. 24 The bill prohibits a postsecondary educational institution 25 or any officer, director, or employee of such institution 26 from compensating a student athlete, prospective student 27 athlete, or the family thereof for the use of the student 28 athlete or prospective student athlete’s name, image, likeness 29 rights, or athletic reputation, unless otherwise permitted by 30 institutional policy and a collegiate athletics association of 31 which the institution is a member. 32 The bill requires a postsecondary educational institution 33 or a third party to develop and adopt a process for granting to 34 a student athlete, or to a third party for use with a student 35 -12- LSB 2365YH (2) 91 je/jh 12/ 14
H.F. 628 athlete, a license to use such institution’s or third party’s 1 unique identifiers, such as a seal, logo, or emblem, when 2 earning or attempting to earn compensation from the use of the 3 student athlete’s name, image, likeness rights, or athletic 4 reputation consistent with the institution’s or third party’s 5 policies regarding licensing of its unique identifiers. The 6 bill provides additional requirements for the use of unique 7 identifiers. 8 The bill provides that the terms of a contract of a 9 postsecondary educational institution’s athletic program shall 10 not prevent a student athlete from receiving compensation for 11 using the student athlete’s name, image, likeness rights, or 12 athletic reputation for a commercial purpose when the student 13 athlete is not engaged in official mandatory team activities 14 that are recorded in writing and can be made publicly available 15 upon request. 16 The bill provides that the terms of a contract detailing 17 compensation to a student athlete at a public postsecondary 18 educational institution for the use of the student athlete’s 19 name, image, likeness rights, or athletic reputation shall 20 be considered confidential records. The bill also addresses 21 privacy of such contracts at private postsecondary educational 22 institutions. 23 The bill provides limitations on the conditions that can be 24 placed on compensation to a student athlete for the use of the 25 student athlete’s name, image, likeness rights, or athletic 26 reputation and specifies that a nonprofit entity can provide 27 such compensation. 28 The bill establishes rights of an institutional marketing 29 associate, as defined in the bill, and rights of a student 30 receiving compensation from an institutional marketing 31 associate. 32 The bill requires a postsecondary educational institution to 33 offer educational workshops with specified content to student 34 athletes in certain circumstances. 35 -13- LSB 2365YH (2) 91 je/jh 13/ 14
H.F. 628 The bill prohibits an athletic association, athletic 1 conference, or any other organization with authority over 2 varsity intercollegiate athletics from engaging in specified 3 activities relating to a student athlete’s name, image, 4 likeness rights, or athletic reputation. 5 The bill authorizes a student athlete to bring a civil 6 action against third parties that violate the provisions of the 7 bill or that interfere with the student athlete’s earning or 8 attempting to earn compensation from the use of such student 9 athlete’s name, image, likeness rights, or athletic reputation 10 for injunctive relief and actual damages. 11 The bill authorizes and provides limitations on compensation 12 of a high school student who competes on an interscholastic 13 athletic team, which must involve an athletic letter of 14 intent or other written agreement to enroll in a postsecondary 15 educational institution. 16 The bill provides that a postsecondary educational 17 institution’s employees shall not be liable for any damages to 18 a student athlete’s ability to earn compensation for the use 19 of the student athlete’s name, image, or likeness resulting 20 from decisions or actions routinely taken in the course of 21 intercollegiate athletics. 22 A provision of a legal settlement permitting noncompliance 23 with the bill is void and unenforceable. 24 The bill shall not be construed to qualify a student athlete 25 as an employee of a postsecondary educational institution or 26 to affect the rights of student athletes under Tit. IX of the 27 Education Amendments of 1972. 28 The bill applies to agreements or contracts entered into, 29 modified, or renewed on or after the effective date of the 30 bill. Such agreements or contracts include but are not limited 31 to the national letter of intent, an athlete’s financial aid 32 agreement, commercial contracts in the athlete group licensing 33 market, and athletic conference or athletic association rules 34 or bylaws. 35 -14- LSB 2365YH (2) 91 je/jh 14/ 14
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