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THE SENATE |
S.B. NO. |
3263 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the university of hawaii.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The
legislature finds that the establishment of a name, image, and likeness
endowment fund to compensate student‑athletes is a matter of statewide
concern pursuant to article X, section 6, of the Hawaii State Constitution.
SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart E of part V to be appropriately designated and to read as follows:
"§304A- Name, image, and likeness endowment fund; name,
image, and likeness compensation program; requirements; annual report. (a)
There is established the name, image, and likeness endowment fund to be
administered by the university of Hawaii to compensate student-athletes
participating in the university of Hawaii's name, image, and likeness program.
(b) There shall be an initial corpus of not less
than $10,000,000, which corpus shall be an endowment fund to provide a
sustainable, long-term revenue stream for the university of Hawaii's name,
image, and likeness program.
(c) Allocation of all, or any portion of, the
corpus of the name, image, and likeness endowment fund shall be prohibited.
(d) The following may be deposited into the name,
image, and likeness endowment fund:
(1) Funds appropriated by the
legislature; provided that the university of Hawaii shall match this funding
dollar-for-dollar from funds raised specifically and exclusively for name,
image, and likeness;
(2) Revenues raised by university of
Hawaii athletics specifically and exclusively for name, image, and likeness to
compensate athletes participating in the university's name, image, and likeness
program; and
(3) Interest accrued on the corpus of
the endowment fund.
(e) The university of Hawaii shall:
(1) Establish the criteria for a name,
image, and likeness program to compensate student-athletes from the endowment
fund; and
(2) Develop a formula for distribution
from the fund to compensate student-athletes; provided that any compensation
shall be made in consideration of the value of the student-athlete's name,
image, and likeness, including any exposure generated from the
student-athlete's name, image, and likeness.
(f) A student-athlete who is compensated under
this section shall retain an athlete agent registered with the director of
commerce and consumer affairs pursuant to chapter 481Z, who shall represent the
student-athlete; provided that a student-athlete's parent or legal guardian may
represent the student-athlete in areas agreed to by the student-athlete.
(g) Any moneys in the endowment fund shall lapse
to the general fund if compensation for name, image, and likeness is no longer
authorized or the university of Hawaii is no longer operating a division I sports
program in the National Collegiate Athletic Association.
(h) The university of Hawaii shall submit an
annual report to the legislature no later than December 1 of each year,
detailing:
(1) The amount of revenues raised for
the name, image, and likeness endowment fund;
(2) The balance of the name, image, and
likeness endowment fund;
(3) A list of student-athletes
compensated by the fund and the amount of compensation for each student-athlete;
and
(4) The formula used to determine the
compensation amount."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000 or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the name, image, and likeness endowment fund established by this Act; provided that the university of Hawaii shall match this funding dollar-for-dollar from funds raised as of the effective date of this Act, specifically and exclusively for name, image, and likeness.
The sum appropriated shall be expended by the university of Hawaii for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2026.
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INTRODUCED BY: |
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Report Title:
UH; Name, Image, and Likeness Endowment Fund; Corpus Restricted; Name, Image, and Likeness Program; Student‑Athletes; Representation; Annual Report; Appropriation
Description:
Establishes a Name, Image, and Likeness Endowment Fund to be administered by the University of Hawaii to compensate student‑athletes. Requires an initial corpus of a certain amount for the Name, Image, and Likeness Endowment Fund and requires interest to be deposited into the Fund. Prohibits the allocation of all, or any portion of, the corpus of the Name, Image, and Likeness Endowment Fund. Requires UH to establish a Name, Image, and Likeness Program. Requires UH to establish criteria for the Name, Image, and Likeness Program and a formula for the distribution of funds to student-athletes. Requires student‑athletes being compensated for their name, image, and likeness to retain a registered athlete agent. Allows a student‑athlete's parent or legal guardian to represent the student‑athlete in areas agreed to by the student-athlete. Requires UH to submit an annual report to the Legislature. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.