As Introduced

136th General Assembly

Regular Session H. B. No. 745

2025-2026

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.

(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.

(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;

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.