2023 House Bill 4844

Higher education: other; provisions relating to student athletes' name, image, and likeness rights; modify.

A bill to amend 2020 PA 366, entitled “An act to prohibit postsecondary educational institutions in this state and certain athletic organizations from preventing a college athlete from receiving compensation for the use of his or her name, image, or likeness rights,” by amending sections 3, 5, 7, and 10 (MCL 390.1733, 390.1735, 390.1737, and 390.1740).

House Fiscal Agency Analysis

House Bill 4844 would amend 2020 PA 366, which regulates the ability of students enrolled at Michigan’s institutions of higher education who participate in collegiate athletics to earn compensation for the use of their name, image, and likeness (NIL) or athletic reputation.

Introduced in the House

June 22, 2023

Introduced by Rep. Angela Witwer (D-76)

Referred to the Committee on Higher Education

Oct. 11, 2023

Reported with substitute H-1

Oct. 18, 2023

Substitute H-1 concurred in by voice vote

Amendment offered by Rep. Angela Witwer (D-76)

1. Amend page 5, line 8, after “institution” by inserting “that is not a public community college”.

2. Amend page 5, line 12, after “marketing.” by inserting “A postsecondary educational institution that is a public community college shall, on the request of a student athlete, provide the student athlete, at no cost to the student athlete, with information concerning debt management, contract law, and sports marketing. As used in this subsection, “public community college” means a public community or junior college established under section 7 of article VIII of the state constitution of 1963 or part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to 380.1607.”.

The amendment passed by voice vote

Amendment offered by Rep. Greg VanWoerkom (R-88)

1. Amend page 2, line 9, after “(c)” by striking out “Prevent” and inserting “Except as otherwise provided in section 3a, prevent”.

2. Amend page 2, following line 15, by inserting:

“Sec. 3a. (1) A student athlete must first obtain the approval of the student athlete’s postsecondary educational institution to earn compensation from the student athlete’s use of the student athlete’s name, image, or likeness rights from activities that involve, display, or endorse any of the following:

(a) An adult entertainment product or service.

(b) An alcohol product.

(c) A tobacco or electronic smoking product or device.

(d) A controlled substance.

(e) Any form of gambling, including, but not limited to, sports betting and horse racing.

(f) A weapon, firearm, or ammunition.

(g) A nutritional supplement.

(2) This section does not apply if the postsecondary educational institution’s denial of approval under subsection (1) would result in the student athlete breaching a contract between the student athlete and a third party that was entered into, modified, or renewed on or before the effective date of the amendatory act that added this section.”.

The amendment failed by voice vote

Oct. 19, 2023

Passed in the House 86 to 23 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Oct. 24, 2023

Referred to the Committee on Oversight