HB 1520 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in intercollegiate athletics, further providing for definitions and providing for rights of parties, for prohibitions on institutions, for athletic associations, conferences and organizations with authority over intercollegiate sports, for NIL agreements, for athlete agents and upfront payments, for athletic program structure, for protections and right to adjudicate, for private civil action, for settlements and for severability.

PRINTER'S NO.   1790

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1520
                                                Session of
                                                  2025

     INTRODUCED BY ABNEY, CURRY, HILL-EVANS, PROBST, BELLMON,
        D. MILLER, SANCHEZ, D. WILLIAMS, FLEMING AND NEILSON,
        MAY 30, 2025

     REFERRED TO COMMITTEE ON EDUCATION, MAY 30, 2025


                                       AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in intercollegiate athletics, further
 6      providing for definitions and providing for rights of
 7      parties, for prohibitions on institutions, for athletic
 8      associations, conferences and organizations with authority
 9      over intercollegiate sports, for NIL agreements, for athlete
10      agents and upfront payments, for athletic program structure,
11      for protections and right to adjudicate, for private civil
12      action, for settlements and for severability.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.     The definition of "athlete agent" in section
16   2002-M of the act of March 10, 1949 (P.L.30, No.14), known as
17   the Public School Code of 1949, is amended and the section is
18   amended by adding definitions to read:
19   Section 2002-M.    Definitions.
20      The following words and phrases when used in this article
21   shall have the meanings given to them in this section unless the
22   context clearly indicates otherwise:
 1      "Agency contract."    As defined in 5 Pa.C.S. § 3502 (relating
 2   to definitions).
 3      "Athlete agent."    As defined in 5 Pa.C.S. § 3502 [(relating
 4   to definitions)].
 5      "Athletic association, conference or organization with
 6   authority over intercollegiate sports."    The term includes the
 7   NCAA and any individual or entity designated to enforce
 8   conference or athletic association rules.
 9      * * *
10      "NIL."   The name, image, likeness or athletic reputation
11   property rights of a prospective college student athlete or a
12   college student athlete.
13      "NIL collective."    A group of two or more individuals or
14   entities that collaborate to arrange or enter into lawful NIL
15   agreements with a prospective college student athlete or college
16   student athlete at a particular institution or pay NIL
17   compensation to prospective college student athletes or college
18   student athletes conditioned on their attendance at a particular
19   institution.
20      "NIL compensation."     The compensation of a prospective
21   college student athlete or college student athlete in exchange
22   for use of the prospective college student athlete or college
23   student athlete's NIL. The term includes compensation for speech
24   protected by the First Amendment of the Constitution of the
25   United States.
26      "Parties."    Legal signatories in an agency contract that
27   includes an athlete agent and the legal signatory or signatories
28   of a prospective college student athlete or college student
29   athlete who the athlete agent will represent.
30      "Prospective college student athlete."     An individual who is

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 1   recruited by an institution to participate as a current athlete
 2   on at least one intercollegiate team but has not yet enrolled at
 3   the postsecondary institution.
 4      "Third party."       A person or entity that is not an
 5   institution, a conference or an athletic association that pays
 6   NIL compensation.
 7      Section 2.        The act is amended by adding sections to read:
 8   Section 2002.1-M.       Rights of parties.
 9      (a)   Generally.--A prospective college student athlete and a
10   current college student athlete has the right to:
11            (1)   Enter into an agency contract and secure
12      representation in relation to legal and professional matters.
13            (2)   Enter into an NIL agreement with and receive NIL
14      compensation directly from an institution, athletic program
15      supporter, NIL collective and third party.
16      (b)   Prohibition.--
17            (1)   An institution, athletic association, conference or
18      organization with authority over intercollegiate sports, and
19      any individual or entity representing them, are prohibited
20      from:
21                  (i)    Serving as an athlete agent for a prospective
22            college student athlete or college student athlete.
23                  (ii)    Attempting to influence a prospective college
24            student athlete or current college student athlete's
25            selection of an athlete agent.
26            (2)   Notwithstanding paragraph (1), an institution may
27      arrange or help arrange an NIL agreement and NIL compensation
28      for a prospective college student athlete or college student
29      athlete, but may not collect a commission for an NIL
30      activity.

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 1            (3)   An institution athletic association, conference or
 2      organization with authority over intercollegiate sports, any
 3      individual or entity representing them and any of their
 4      business partners are prohibited from directly or indirectly
 5      interfering with lawful communications between a college
 6      student athlete and an athlete agent when a college student
 7      athlete is not participating in mandatory athletic
 8      activities.
 9      (c)   Enforcement.--This article shall not limit the right of
10   an institution of higher education to establish and enforce any
11   of the following:
12            (1)   Academic standards, requirements, regulations or
13      obligations for the institution of higher education's college
14      student athletes.
15            (2)   Team rules of conduct and other rules of conduct
16      generally applicable to all college student athletes.
17            (3)   Standards or policies regarding the governance or
18      operation of, or participation in, intercollegiate athletics
19      that do not conflict with this article.
20            (4)   Disciplinary rules and standards generally
21      applicable to all students of the institution of higher
22      education.
23      (d)   Conflicts.--
24            (1)   An institution of higher education may prohibit a
25      current college student athlete's involvement in NIL
26      activities that conflict with existing institutional
27      sponsorship arrangements at the time the college student
28      athlete discloses a contract to the institution of higher
29      education as required under subsection (e).
30            (2)   An institution of higher education may prohibit a

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 1      college student athlete's involvement in NIL activities with
 2      persons in an industry that the institution does not do
 3      business due to a conflict with institutional values.
 4            (3)   An institution of higher education shall have
 5      policies that specify the NIL activities in which current
 6      college student athletes may not engage under this article.
 7      (e)   Disclosure.--
 8            (1)   A current college student athlete who proposes to
 9      enter into a contract providing compensation to the college
10      student athlete for use of the college student athlete's NIL
11      rights shall disclose the contents of the contract prior to
12      execution of the contract to an official of the institution
13      of higher education who is designated by the institution of
14      higher education.
15            (2)   An institution of higher education shall have
16      policies that specify when to disclose the contract and the
17      contents of the contract in accordance with paragraph (1).
18            (3)   If an institution of higher education receives
19      direct financial compensation from a third party arising from
20      the third party's contract with a prospective college student
21      athlete or a current college student athlete relating to the
22      use of the NIL of a prospective college student athlete or
23      current college student athlete, the institution shall
24      disclose in a timely manner the financial relationship
25      between the institution and the third party to the college
26      student athlete.
27      (f)   This section shall not apply to compensation received by
28   the institution of higher education for the use of the
29   institution's intellectual property.
30   Section 2002.2-M.    Prohibitions on institutions.

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 1    An institution is prohibited from:
 2        (1)   Imposing or complying with a contract, regulation,
 3    standard, rule, including rules of an athletic association,
 4    conference or organization with authority over
 5    intercollegiate sports or other requirement that would:
 6              (i)    Restrict or prohibit a prospective college
 7        student athlete or college student athlete from entering
 8        into an agency contract with an athlete agent.
 9              (ii)    Restrict or prohibit a prospective college
10        student athlete or college student athlete from earning
11        NIL compensation for an NIL activity conducted during the
12        athlete's free time.
13              (iii)    Require a prospective college student athlete
14        or college student athlete to refrain from exercising the
15        athlete's rights specified in this article.
16              (iv)    Restrict or prohibit the institution, an
17        athletic program supporter, an NIL collective or third
18        party from entering into an NIL agreement with a
19        prospective college student athlete or a college student
20        athlete.
21              (v)    Restrict or prohibit the institution, an
22        athletic program supporter, an NIL collective or third
23        party from paying NIL compensation to a prospective
24        college student athlete or college student athlete.
25              (vi)    Restrict or prohibit the institution, an
26        athletic program supporter, an NIL collective or third
27        party from conditioning an NIL agreement or NIL
28        compensation to a prospective college student athlete or
29        college student athlete on attendance at a particular
30        institution or membership on a particular intercollegiate

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 1            athletics sports team.
 2            (2)   Penalizing or threatening, in any way, a prospective
 3      college student athlete, a college student athlete, an
 4      athlete agent, an NIL collective or a third party for
 5      activities authorized by this article.
 6            (3)   Complying with an investigation, regulation or rule
 7      of an athletic association, conference or organization with
 8      authority over intercollegiate sports related to an agency
 9      contract, NIL agreement, NIL compensation or NIL activity.
10            (4)   Reporting information about prospective college
11      student athletes' or college student athletes' NIL agreements
12      or NIL compensation, individually or in aggregate, to an
13      athletic association, conference or organization with
14      authority over intercollegiate sports.
15            (5)   Reducing, canceling or not renewing an athletic
16      scholarship because a college student athlete enters into an
17      NIL agreement or earns NIL compensation permitted by this
18      article.
19            (6)   Using the terms of an athletic scholarship as a
20      reason to impair a college student athlete's NIL rights,
21      except as expressly provided in this section.
22            (7)   Directly or indirectly circumventing any provision
23      of this article.
24   Section 2002.3-M.        Athletic associations, conferences and
25                  organizations with authority over intercollegiate
26                  sports.
27      (a)   Prohibitions.--An athletic association, conference or
28   organization with authority over intercollegiate sports may not:
29            (1)   Authorize, cause or require an institution to take
30      an action prohibited by this article.

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 1          (2)   Accept a complaint, open an investigation, threaten
 2    a penalty, impose a penalty or take any other adverse action
 3    against a prospective college student athlete, a college
 4    student athlete, an athlete agent, an institution, an
 5    athletic program supporter, an NIL collective or a third
 6    party as a result of engaging in activities protected by this
 7    article.
 8          (3)   Prohibit, restrict or interfere with the right of a
 9    prospective college student athlete, a college student
10    athlete, an athlete agent, an institution, an athletic
11    program supporter, an NIL collective or a third party to
12    engage in activities authorized by this article.
13          (4)   Require a prospective college student athlete, a
14    college student athlete, an athlete agent, an institution, an
15    athletic program supporter, an NIL collective or third party
16    to report information about an NIL agreement or NIL
17    compensation to an athletic association, conference or
18    organization with authority over intercollegiate sports.
19    (b)   Right of action.--
20          (1)   A prospective college student athlete, a college
21    student athlete, an athlete agent, an institution and its
22    supporting foundations, an entity acting on behalf of an
23    institution, an athletic program supporter, an NIL collective
24    or a third party that is subjected to an actual or threatened
25    complaint, investigation, penalty or other adverse action of
26    an athletic association, conference or other organization
27    with authority over intercollegiate sports for engaging in an
28    activity authorized under this article may bring an action to
29    recover damages and reasonable attorney fees, may seek
30    injunctive relief and may seek any other remedy available by

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 1      law.
 2             (2)   The Attorney General may seek injunctive relief and
 3      damages to be paid to persons injured as a result of a
 4      violation of this article.
 5      (c)    Construction.--Nothing in this section shall be
 6   construed to require an institution, an athletic program
 7   supporter, an NIL collective or a third party to enter into an
 8   NIL agreement with, facilitate or pay NIL compensation to a
 9   prospective college student athlete or college student athlete.
10   Section 2002.4-M.     NIL agreements.
11      (a)    Requirements.--An NIL collective, an institution or a
12   third party that agrees to pay at least $5,000 in NIL
13   compensation to a college student athlete in a calendar year
14   must first enter into a written agreement that includes all of
15   the following:
16             (1)   The legal name, physical address and telephone
17      number of the individual or individuals or entity or entities
18      that are legally responsible for paying NIL compensation.
19             (2)   The amount of all NIL compensation payments,
20      including the grand total of the NIL compensation, and any
21      other benefits that will be paid to the college student
22      athlete.
23             (3)   When each NIL compensation payment will be made.
24             (4)   All of the college student athlete's NIL obligations
25      required to receive the NIL compensation.
26             (5)   The beginning and end date of the agreement.
27             (6)   Any options parties have for revising, extending or
28      terminating the agreement.
29             (7)   Any term of the agreement that would allow the NIL
30      collective, institution or third party to not pay the athlete

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 1      a portion of the NIL compensation.
 2      (b)    Confidential.--An institution's NIL agreement and NIL
 3   compensation is not a public record subject to inspection and
 4   duplication under the act of February 14, 2008 (P.L.6, No.3),
 5   known as the Right-to-Know Law.
 6      (c)    Royalty payments required.--
 7             (1)   A person that produces a college team jersey, a
 8      college team video game or college team trading cards for the
 9      purpose of making a profit shall make a royalty payment to
10      each college student athlete whose NIL or other individually
11      identifiable feature is used.
12             (2)   An institution is prohibited from owning,
13      controlling or sublicensing college student athletes' NIL
14      group licensing rights for college team video games, jerseys,
15      or trading cards.
16      (d)    Use of trademarks.--This act shall not establish or
17   grant a right to a college student athlete to use the name,
18   trademarks, service marks, logos, symbols or any other
19   intellectual property, registered or unregistered, of an
20   institution of higher education, athletic association,
21   conference or other group or organization with authority over
22   intercollegiate athletics, in furtherance of the college student
23   athlete's opportunities to earn compensation for the college
24   student athlete's use of the college student athlete's NIL
25   rights.
26   Section 2002.5-M.     Athlete agents and upfront payments.
27      (a)    Prohibited persons.--An athlete agent may not enter into
28   an agency contract if the athlete agent has a pending charge or
29   is listed as a defendant in a case, excluding divorce, in
30   Federal or State civil judgment at the time parties execute the

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 1   agency contract or has been convicted of any of the following:
 2            (1)   An offense classified as a felony, regardless of the
 3      date.
 4            (2)   An offense classified as a misdemeanor, prior to
 5      parties' execution of the agency contract, if the offense
 6      involves:
 7                  (i)    physical contact with another person or another
 8            person's property;
 9                  (ii)    an element of deception; or
10                  (iii)    gambling or sports wagering.
11            (3)   More than one alcohol or drug offense.
12            (4)   More than one misdemeanor offense.
13            (5)   A conviction for a crime that involves violence,
14      regardless of the classification.
15      (b)   Written acknowledgment.--The athlete agent cannot enter
16   into an agency contract if the athlete agent does not secure a
17   written acknowledgment from the prospective college student
18   athlete or college student athlete, prior to parties' execution
19   of an agency contract that includes:
20            (1)   The athlete agent's legal name, current address and
21      telephone number.
22            (2)   A list of the names and residential addresses of all
23      persons financially interested in the operation of the agency
24      business of the athlete agent, whether as employees,
25      partners, investors, associates or profit sharers or in any
26      other manner.
27            (3)   A statement that the contract does not obligate the
28      prospective college student athlete or the current college
29      student athlete to use the athlete agent for any service
30      beyond professional representation in relation to the use of

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 1      NIL.
 2      (c)    Prohibited payment.--The athlete agent provides payment,
 3   including a loan or recoupable payment, to the prospective
 4   college student athlete or college student athlete or to the
 5   athlete's relative in exchange for the prospective college
 6   student athlete or college student athlete entering into the
 7   agent contract.
 8      (d)    Notification required by athlete agent.--Within five
 9   calendar days, an athlete agent must notify all prospective
10   college student athlete and college student athlete clients if
11   the athlete agent no longer meets all requirements and
12   conditions for operating as an athlete agent in any state that
13   the athlete agent was previously legally authorized to operate
14   as an athlete agent.
15      (e)    Repayments prohibited.--
16             (1)   A prospective college student athlete or college
17      student athlete who enters into an agreement with an athlete
18      agent is not required to pay the athlete agent a commission,
19      fee or to reimburse costs or repay funds or loans to the
20      athlete agent.
21             (2)   An agreement in violation of paragraph (1) shall be
22      void and unenforceable if the athlete agent does not comply
23      with subsection (b).
24      (f)    Family members.--A spouse, parent, sibling, grandparent
25   or legal guardian of a prospective college student athlete or a
26   college student athlete is not required to meet requirements or
27   obligations of an athlete agent to assist the athlete in
28   negotiating an NIL agreement.
29      (g)    Other agreements prohibited.--
30             (1)   An agreement that offers or provides a prospective

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 1      college student athlete, college student athlete or the
 2      athlete's parent or legal guardian an upfront payment or
 3      benefit in exchange for future professional sports earnings
 4      is void and prohibited.
 5          (2)   An athlete agency agreement that grants an athlete
 6      agent the athlete's NIL rights, including group licensing
 7      rights and continues beyond the intercollegiate athletics
 8      eligibility of the prospective college student athlete or a
 9      current college student athlete is void and prohibited.
10   Section 2002.6-M.   Athletic program structure.
11      An entity created or contracted by an institution to operate
12   or otherwise control parts of its intercollegiate athletic
13   programs that are related to this act shall have the same
14   rights, protections, prohibitions and responsibilities
15   applicable to the institution as described in this act.
16   Section 2002.7-M.   Protections and right to adjudicate.
17      A college student athlete, institution of higher education,
18   conference, or athletic association may not be deprived of a
19   protection provided under State law with respect to a
20   controversy that arises in this Commonwealth and shall have the
21   right to adjudication in this Commonwealth of a claim that
22   arises in this Commonwealth.
23   Section 2002.8-M.   Private civil action.
24      In addition to the right established in section 2002.3-M, a
25   college student athlete shall have the right to bring a private
26   civil action against a person that violates this article. The
27   court shall award costs and reasonable attorney fees to a
28   prevailing plaintiff in an action brought under this section.
29   Section 2002.9-M.   Settlements.
30      A legal settlement cannot void any part of this article.

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1   Section 2002.10-M.    Severability.
2      The provisions of this article are severable. If any
3   provision of this article or the application of any provisions
4   of this article is held to be invalid, that invalidity shall not
5   affect any other provisions or application of any other
6   provision that can be given effect without the invalid provision
7   or application.
8      Section 3.     This act shall take effect in 60 days.




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