As Reported by the Senate Judiciary Committee

136th General Assembly

Regular Session Sub. H. B. No. 184

2025-2026

Representatives Stewart, Mathews, T.

Cosponsors: Representatives Deeter, Gross, Williams, Barhorst, Bird, Brennan, Brent, Brewer, Brownlee, Click, Cockley, Creech, Dovilla, Fischer, Ghanbari, Glassburn, Grim, Hall, D., Hall, T., Hiner, Jarrells, John, LaRe, Lawson-Rowe, Lorenz, Mathews, A., Mohamed, Newman, Odioso, Peterson, Piccolantonio, Plummer, Robb Blasdel, Roemer, Rogers, Russo, Salvo, Sigrist, Somani, Tims, Upchurch, Willis, Young

Senator Manning

To amend sections 3376.01 and 4771.12 and to enact sections 3376.14 and 4771.021 of the Revised Code to prescribe limitations with respect to certain contracts entered into with intercollegiate athletes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3376.01 and 4771.12 be amended and sections 3376.14 and 4771.021 of the Revised Code be enacted to read as follows:

Sec. 3376.01. 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) "Institutional marketing associate" means any third-party entity that enters into a contract with, or otherwise acts on behalf of, a state institution of higher education, private college, or an institution's or college's intercollegiate athletics department. "Institutional marketing associate" does not include either of the following:

(1) A state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics;

(2) A staff member, employee, officer, director, manager, or owner of any of the entities described under division (B)(1) of this section.

(C) "Official team activities" means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by a state institution of higher education or private college, and other team-organized activities, regardless of whether the activity takes place on or off campus, including individual photograph sessions and news media interviews.

(D) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.

(E) "Student-athlete" means an individual who is eligible to participate in, participates in, or has participated in intercollegiate athletics for a state institution of higher education or private college. "Student-athlete" does not include an individual who participates in intramural athletics at a state institution of higher education or private college or who participates in professional athletics.

(F) "Third-party entity" means any individual or entity, including an athlete agent, other than a state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics.

(G) "Private college" has the same meaning as in section 3365.01 of the Revised Code.

(H) "Personal services" means services performed by a student-athlete to which both of the following apply:

(1) The services are nondelegable obligations for which the student-athlete cannot substitute another individual to fulfill the duties agreed upon by the student-athlete under the contract, and the services must be rendered personally by that student-athlete.

(2) The services involve skill-based or talent-based performance by the student-athlete, and the contract is formed due to the student-athlete's specific athletic ability, status as a student-athlete, public persona, or brand recognition.

(I) "Name, image, or likeness" includes personal services.

Sec. 3376.14. (A) No person shall enter into a contract with a student-athlete who participates in intercollegiate athletics that provides compensation to the student-athlete for use of the student-athlete's name, image, or likeness if the contract does any of the following:

(1) Remains in effect beyond the date the student-athlete is no longer eligible to participate in intercollegiate athletics;

(2) Requires the student-athlete to provide as consideration either of the following:

(a) Any compensation the student-athlete may earn after the student-athlete is no longer eligible to participate in intercollegiate athletics for use of the student-athlete's name, image, or likeness;

(b) Rights associated with the use of the student-athlete's name, image, or likeness after the student-athlete is no longer eligible to participate in intercollegiate athletics.

(3) Requires any litigation, arbitration, or other dispute resolution process arising from the contract to occur in another state.

(B) A contract that provides a student-athlete with compensation for use of the student-athlete's name, image, or likeness shall require any litigation, arbitration, or other dispute resolution process arising from the contract to take place in Ohio and be governed by Ohio law.

(C) The parties to any contract that provides a student-athlete with compensation for use of the student-athlete's name, image, or likeness shall ensure that the contract complies with this section.

(D) The parties to any contract involving an individual who becomes a student-athlete by transferring to a state institution of higher education or private college located in this state from an educational institution located outside this state shall ensure that any contract to which both of the following apply complies with this section:

(1) The contract provides the individual with compensation for use of the individual's name, image, or likeness.

(2) The contract is in effect on the date of the transfer and is to continue in effect at the new state institution of higher education or private college.

(E) A contract entered into in violation of this section is void.

Sec. 4771.021. (A) As used in this section, "name, image, or likeness" has the same meaning as in section 3376.01 of the Revised Code.

(B) No athlete agent shall enter into an agent contract with an athlete under which the athlete agent represents the athlete in relation to contracts or legal matters regarding opportunities to earn compensation for use of the athlete's name, image, or likeness if the agent contract remains in effect beyond the date the athlete is no longer eligible to participate in intercollegiate athletics.

Sec. 4771.12. (A) Fees charged by an athlete agent for services provided to an athlete may be negotiated between the parties.

(B)(1) Except as provided in division (B)(2) of this section, an athlete agent shall establish an interest-bearing trust fund or similar account in a depository approved by the Ohio athletic commission to be used for the deposit of all revenues received on behalf of an athlete. An athlete agent shall deposit any revenue received on behalf of an athlete in the interest-bearing trust fund or account. The athlete agent shall notify the commission of the address and location of the trust fund or account and the depository in which it is located.

(2) An athlete agent who is an attorney licensed to practice law in this state may deposit any revenue received on behalf of an athlete in a trust account already maintained by the agent attorney in a financial institution in this state for the deposit of revenue received on behalf of clients.

(C) No athlete agent shall share fees with any person other than an employee of the athlete agent. If an athlete agent shares a fee with an employee, the athlete agent shall obtain written consent from the athlete prior to entering a fee agreement with the athlete.

(D) As used in divisions (D)(1) and (2) of this section, "name, image, or likeness" has the same meaning as in section 3376.01 of the Revised Code. No athlete agent shall enter a fee agreement that requires the athlete to provide as consideration either of the following:

(1) Any compensation the athlete may earn after the athlete is no longer eligible to participate in intercollegiate athletics for use of the athlete's name, image, or likeness;

(2) Rights associated with the use of the athlete's name, image, or likeness after the athlete is no longer eligible to participate in intercollegiate athletics.

(E) No athlete agent shall enter fee agreements that are prohibited under this chapter.

(D) (F) If an athlete agent collects a fee or expense from an athlete as consideration for obtaining employment for the athlete, and the athlete agent fails to procure such employment, the agent shall retain only the following portion of the fee or expense:

(1) The cost of reasonable expenses incurred by the athlete agent during the course of representing the athlete in efforts to obtain employment for the athlete;

(2) A negotiated fee in connection with instances where the athlete receives a bonus or some compensation for signing a professional sports services contract.

(E) (G) Nothing in this section shall be construed to limit the authority of the Ohio supreme court to establish or regulate fees for activities considered to be the practice of law.

Section 2. That existing sections 3376.01 and 4771.12 of the Revised Code are hereby repealed.

Section 3. This act applies to contracts and agreements entered into on or after the effective date of this section.