SB 1193 would allow Oregon post-secondary institutions to directly compensate student athletes for the use of their name, image, likeness, or athletic reputation (NIL). The bill also permits institutions to help identify and facilitate NIL opportunities for current student athletes and bars athletic associations, conferences, or organizations with authority over intercollegiate sports from prohibiting those payments or retaliating against institutions or athletes for participating in them.
The measure sets several guardrails around NIL contracts. A student athlete must disclose NIL contracts to the institution, and if the institution claims a conflict with team rules or a third-party contract, it must identify the specific conflicting provisions. For minors, any written NIL contract paid by a post-secondary institution must include written parental or guardian consent. The bill also preserves the ability of institutions to enforce general student conduct codes and limits certain conflicts involving team rules, third-party agreements, and athlete-agent relationships.
Impact
SB 1193 would amend ORS 702.200 to expand and clarify Oregon’s NIL framework for college athletes. It changes current law to expressly permit public universities and Oregon-based accredited private institutions to provide compensation to student athletes for NIL use, while also prohibiting athletic associations and conferences from blocking or penalizing those payments. The bill affects post-secondary institutions, student athletes, parents or guardians of minor athletes, athlete agents, and intercollegiate athletic governing bodies such as the NCAA.
Sentiment
The available vote history suggests generally favorable committee sentiment, with the Senate committee voting 4-1 to send the bill to Rules without recommendation as to passage. That indicates some support for the bill’s direction, but also enough uncertainty or disagreement that the committee did not endorse it outright. No committee transcript was provided, so the discussion record does not show detailed public testimony or debate themes.
Contention
The main points of contention appear to be the scope of institutional authority and the relationship between Oregon law and athletic association rules. Supporters likely favor allowing schools to compensate athletes and protect NIL opportunities, while opponents may be concerned about conflicts with team rules, third-party contracts, eligibility standards, and the potential for institutions to become directly involved in athlete compensation. The bill also draws a line on minors’ contracts and on whether associations like the NCAA can discipline schools or athletes for exercising these rights, which is likely to be a key area of dispute.
AN ACT relating to the use of Hathaway scholarships at private post secondary institutions; defining terms; creating a scholarship; establishing eligibility requirements; establishing payment of scholarship funds to private post secondary institutions; specifying success curriculum requirements; modifying the duties of the department of education; providing a sunset date; requiring rulemaking; requiring reporting; making conforming amendments; and providing for an effective date.
Relating to measures to support the enrollment of students with a nontraditional secondary education at public institutions of higher education, including eligibility for certain student financial assistance programs.