HB2384

SECTION 1. The legislature finds that national changes in college athletics resulting from the settlement in the House, et al. v. National Collegiate Athletic Association, et al. litigation and subsequent National Collegiate Athletic Association rule revisions now permit institutions of higher education to provide direct financial compensation to student‑athletes for use of their name, image, and likeness.

The legislature further finds that more than thirty states have enacted name, image, and likeness laws, many of which were adopted prior to the House settlement and are now being amended to reflect the rapidly changing environment. Hawaii, which has not enacted a comprehensive name, image, and likeness statute, is positioned to establish a modern, flexible framework to protect student-athletes, ensure compliance with Title IX, and promote transparency and accountability when public resources are involved.

The legislature further finds that the scope and scale of name, image, and likeness activity vary across campuses and athletic divisions within the university of Hawaii system, and that institutional reporting and administrative requirements established under this Act are intended to apply in a manner proportionate to the level of institutional name, image, and likeness activity present at a given campus.

Accordingly, the purpose of this Act is to establish a statewide name, image, and likeness framework for compensating student‑athletes at the university of Hawaii that:

(1) Affirms student-athletes' right to engage in name, image, and likeness activities;

(2) Requires the university of Hawaii to adopt policies governing institutional name, image, and likeness agreements and other aspects of name, image, and likeness activity consistent with federal law, National Collegiate Athletic Association rules, and Title IX;

(3) Ensures transparency and accountability in the administration of institutional name, image, and likeness programs; and

(4) Provides basic protections and educational support for student-athletes who enter name, image, and likeness agreements.

The legislature intends for the implementation and effectiveness of this Act to be reviewed during the regular session of 2029, prior to this Act's repeal date of June 30, 2030. At that time, the legislature should determine whether this Act shall be made permanent and whether amendments to this Act are necessary.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new subpart to part II to be appropriately designated and to read as follows:

" . Student-Athletes; Name, Image, and Likeness

§304A- Definitions. As used in this section, unless the context clearly requires otherwise:

"Institutional name, image, and likeness agreement" means any agreement through which the university provides financial compensation or other benefits to a student-athlete for the use of the student-athlete's name, image, or likeness.

"Intercollegiate athletics governing body" refers to the National Collegiate Athletic Association or any successor organization that serves as the regulating authority for the intercollegiate athletic programs in which the university participates.

"Name, image, and likeness activity" means any activity through which a student-athlete receives financial compensation or other benefits for the use of the student-athlete's name, image, or likeness.

"Student-athlete" means an individual who is enrolled at a campus of the university and participates in intercollegiate athletics.

"Third-party name, image, and likeness agreement" means a name, image, and likeness agreement between a student-athlete and a person or entity other than the university.

"Title IX" refers to the federal Education Amendments of 1972, codified as title 20 United States Code section 1681 et seq.

"University" means the university of Hawaii.

§304A- Rights of student-athletes. (a) A student‑athlete may earn compensation for name, image, and likeness activities consistent with this subpart, federal law, and applicable intercollegiate athletics governing body rules.

(b) Compensation received pursuant to a name, image, and likeness activity shall not affect the student-athlete's scholarship eligibility, grant-in-aid, or participation on an intercollegiate athletics team.

(c) The university, an athletic conference, or an intercollegiate athletics governing body shall not prevent or unduly restrict a student-athlete from engaging in name, image, and likeness activities except as necessary to comply with:

(1) Federal or state law;

(2) Rules adopted by an intercollegiate athletics governing body in response to the court-approved settlement in House, et al. v. National Collegiate Athletic Association, et al., and rules adopted by an intercollegiate athletics governing body after the effective date of this section; or

(3) Reasonable and neutral university policies relating to conflicts of interest, time commitments, or prohibited industries.

§304A- University obligations and protections. (a) The university shall adopt and periodically update written policies governing:

(1) Institutional name, image, and likeness agreements;

(2) Third-party name, image, and likeness disclosure requirements;

(3) Athlete education regarding taxes, contracts, and financial management;

(4) Agent and representative interactions with student‑athletes; and

(5) Efforts to administer name, image, and likeness activity benefits in a manner consistent with Title IX, based on the best available guidance.

(b) University policies shall not restrict student‑athletes from retaining professional representation for name, image, and likeness activities; provided that the representatives comply with chapter 481Z and any other applicable laws, rules, and other requirements; provided further that nothing in this subsection shall be construed to impose new licensing, registration, or regulatory requirements on agents or representatives beyond those required under existing law.

(1) Gambling, sports wagering, or illegal drugs;

(2) Adult entertainment;

(3) Firearms or weapons;

(4) Tobacco or vaping products; or

(5) Any industry or entity deemed to conflict with the university's mission or financial interests.

(d) A student-athlete shall have at least ten business days after signing an institutional or third-party name, image, and likeness agreement to rescind the agreement.

§304A- Name, image, and likeness disclosure and reporting. (a) A student-athlete shall disclose to the university any third-party name, image, and likeness agreement with compensation valued at $600 or more; provided that, if an alternative threshold is established by applicable intercollegiate athletics governing body rules or federal law, the university may designate that alternative threshold as the payment threshold for purposes of this section.

(b) The university shall maintain a confidential internal system for receiving and reviewing disclosures for compliance with this subpart and rules and policies adopted pursuant to this subpart. Review of disclosures shall be for purposes of institutional awareness and compliance with state law and shall not be construed as an assumption of primary enforcement authority over intercollegiate athletics governing body rules.

(c) Beginning with the regular session of 2028, the university shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session. The report shall include, for the preceding completed academic year:

(1) The total value of institutional name, image, and likeness agreements that are funded with state resources, disaggregated by team and by gender but not by individual student-athlete;

(2) A high-level, aggregate summary of third-party name, image, and likeness agreements disclosed to the university, to the extent that name, image, and likeness activity implicates institutional programs, facilities, or compliance obligations;

(3) A description of name, image, and likeness activity‑related compliance measures implemented, including education programs;

(4) A description of the university's policies governing name, image, and likeness activities and any updates made to the policies during the prior year;

(5) A statement of the university's efforts to administer name, image, and likeness activities in a manner consistent with Title IX, based on the best guidance available at the time; and

(6) Any documented challenges, violations, or disciplinary actions taken with regard to name, image, and likeness activities.

(d) Records collected pursuant to this section shall be confidential and exempt from disclosure under chapter 92F, except as expressly provided for in the aggregate reporting requirements of this section. Nothing in this section shall require the public disclosure of personally identifying information or confidential contract terms, consistent with federal law, including the Family Educational Rights and Privacy Act.

(e) The disclosure and reporting requirements in this section shall apply only to a campus of the university that, during the applicable academic year:

(1) Enters into one or more institutional name, image, and likeness agreements; or

(2) Administers, facilitates, or oversees name, image, and likeness activity disbursements or benefits pursuant to university policy.

§304A- Construction. Nothing in this subpart shall be construed to:

(1) Create an employment relationship between a student‑athlete and the university;

(2) Restrict the university from entering into institutional name, image, and likeness agreements consistent with intercollegiate athletics governing body rules; or

(3) Limit the university's authority to adopt policies governing conflicts of interest, team rules, or academic requirements.

§304A- Rules. The university may adopt rules pursuant to chapter 91 necessary to implement this subpart."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to carry out the purposes of this Act.

The sum appropriated shall be expended by the university of Hawaii for the purposes of this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. This Act shall take effect on July 1, 2026, and shall be repealed on June 30, 2030.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2384
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII