SB 3261: Student Athletes; Athlete Agents; Professional Representation; Registration; Agent Contract; Endorsement; Name, Image, and Likeness
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-02-19
Current Status:
Failed
(2026-02-19: Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill bars anyone from providing "professional representation" to student athletes — such as advising, negotiating, or arranging endorsements, appearances, autographs, social media branding, content, licensing, sponsorships, or other deals tied to a student’s name, image, or likeness — unless the person is a registered athlete agent in Hawaii and has a valid written agency contract. It also defines professional representation and makes clear that endorsement contracts include the value of a student athlete’s name, image, and likeness.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Prohibits any person from providing advisory, negotiation, or procurement assistance to or on behalf of a student athlete relating to endorsements; promotional or marketing services; appearances; autographs; social media branding; content creation or distribution; licensing of publicity rights; brand development, sponsorship, or promotional arrangements; or agreements related to the name, image, or likeness of the student athlete, without being a registered athlete agent in the State and having a valid agency contract executed in compliance with applicable law. (SD1)
Prohibits any person from providing advisory, negotiation, or procurement assistance to or on behalf of a student athlete relating to endorsements; promotional or marketing services; appearances; autographs; social media branding; content creation or distribution; licensing of publicity rights; brand development, sponsorship, or promotional arrangements; or agreements related to the name, image, or likeness of the student athlete, without being a registered athlete agent in the State and having a valid agency contract executed in compliance with applicable law.
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THE SENATE |
S.B. NO. |
3261 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ATHLETE AGENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 481Z-2, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Professional representation" means providing advisory, negotiation, or procurement assistance to or on behalf of a person relating to endorsements; promotional or marketing services; appearances; autographs; social media branding; content creation or distribution; licensing of publicity rights; brand development, sponsorship, or promotional arrangements; or agreements related to the name, image, or likeness of the person."
2. By amending the definitions of "agency contract" and "athlete agent" to read:
""Agency
contract" means an agreement in which a student athlete authorizes a
person to negotiate or solicit on behalf of the athlete a
professional-sports-services contract or endorsement contract[.],
including providing professional representation to the athlete."
"Athlete agent":
(1) Means an individual, whether or not registered under this chapter, who:
(A) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
(B) For compensation or in anticipation of compensation related to a student athlete's participation in athletics:
(i) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
(ii) Manages the business affairs of the
athlete by providing assistance with bills, payments, contracts, or taxes; [or]
(C) For compensation or in anticipation of compensation, provides professional representation to a student athlete; or
[(C)] (D) In anticipation of representing a
student athlete for a purpose related to the athlete's participation in
athletics:
(i) Gives consideration to the student athlete or another person;
(ii) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
(iii) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; and
(2) Does not include an individual who:
(A) Acts solely on behalf of a professional sports team or organization; or
(B) Is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:
(i) Also recruits or solicits the athlete to enter into an agency contract;
(ii) Also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or
(iii) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete."
3. By amending the definition of "endorsement contract" to read:
""Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party of any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. For the purposes of this definition, "value" includes the student athlete's name, image, and likeness."
SECTION 2. Section 481Z-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this State, including through the provision of professional representation to a student athlete, without holding a certificate of registration under this chapter."
SECTION 3. Section 481Z-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§481Z-10[]] Required form of
agency contract. (a) An agency contract shall be in a record
signed by the parties.
(b) An agency contract shall contain:
(1) A statement that the athlete agent is registered as an athlete agent in this State and a list of any other states in which the agent is registered as an athlete agent;
(2) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;
(3) The name of any person not listed in the agent's application for registration or renewal of registration that will be compensated because the athlete signed the contract;
(4) A description of any expenses the athlete agrees to reimburse;
(5) A description of the services to be provided to the athlete;
(6) The duration of the contract; and
(7) The date of execution.
(c) Subject to subsection (g), an agency contract shall contain a conspicuous notice in boldface type and in substantially the following form:
"WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN SEVENTY-TWO HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT."
(d) An agency contract shall be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete's eligibility to participate in the athlete's sport.
(e) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.
(f) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgment required by subsection (d).
(g) If a student athlete is a minor, an agency contract shall be signed by the parent or guardian of the minor and the notice required by subsection (c) shall be revised accordingly.
(h) Notwithstanding any other law to the contrary, no person shall provide professional representation to a student athlete unless the person is registered as an athlete agent in this State and has a valid agency contract executed in compliance with this section."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Student Athletes; Athlete Agents; Professional Representation; Registration; Agent Contract; Endorsement; Name, Image, and Likeness
Description:
Prohibits any person from providing advisory, negotiation, or procurement assistance to or on behalf of a student athlete relating to endorsements; promotional or marketing services; appearances; autographs; social media branding; content creation or distribution; licensing of publicity rights; brand development, sponsorship, or promotional arrangements; or agreements related to the name, image, or likeness of the student athlete, without being a registered athlete agent in the State and having a valid agency contract executed in compliance with applicable law. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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THE SENATE |
S.B. NO. |
3261 |
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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 athlete agents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 481Z-2, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Professional representation" means providing advisory, negotiation, or procurement assistance to or on behalf of a person relating to endorsements; promotional or marketing services; appearances; autographs; social media branding; content creation or distribution; licensing of publicity rights; brand development, sponsorship, or promotional arrangements; or agreements related to the name, image, or likeness of the person."
2. By amending the definitions of "agency contract" and "athlete agent" to read:
""Agency
contract" means an agreement in which a student athlete authorizes a
person to negotiate or solicit on behalf of the athlete a
professional-sports-services contract or endorsement contract[.],
including providing professional representation to the athlete."
"Athlete agent":
(1) Means an individual, whether or not registered under this chapter, who:
(A) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
(B) For compensation or in anticipation of compensation related to a student athlete's participation in athletics:
(i) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
(ii) Manages the business affairs of the
athlete by providing assistance with bills, payments, contracts, or taxes; [or]
(C) For compensation or in anticipation of compensation, provides professional representation to a student athlete; or
[(C)] (D) In anticipation of representing a
student athlete for a purpose related to the athlete's participation in
athletics:
(i) Gives consideration to the student athlete or another person;
(ii) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
(iii) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; and
(2) Does not include an individual who:
(A) Acts solely on behalf of a professional sports team or organization; or
(B) Is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:
(i) Also recruits or solicits the athlete to enter into an agency contract;
(ii) Also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or
(iii) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete."
3. By amending the definition of "endorsement contract" to read:
""Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party of any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. For the purposes of this definition, "value" includes the student athlete's name, image, and likeness."
SECTION 2. Section 481Z-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this State, including through the provision of professional representation to a student athlete, without holding a certificate of registration under this chapter."
SECTION 3. Section 481Z-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§481Z-10[]] Required form of
agency contract. (a) An agency contract shall be in a record
signed by the parties.
(b) An agency contract shall contain:
(1) A statement that the athlete agent is registered as an athlete agent in this State and a list of any other states in which the agent is registered as an athlete agent;
(2) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;
(3) The name of any person not listed in the agent's application for registration or renewal of registration that will be compensated because the athlete signed the contract;
(4) A description of any expenses the athlete agrees to reimburse;
(5) A description of the services to be provided to the athlete;
(6) The duration of the contract; and
(7) The date of execution.
(c) Subject to subsection (g), an agency contract shall contain a conspicuous notice in boldface type and in substantially the following form:
"WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN SEVENTY-TWO HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT."
(d) An agency contract shall be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete's eligibility to participate in the athlete's sport.
(e) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.
(f) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgment required by subsection (d).
(g) If a student athlete is a minor, an agency contract shall be signed by the parent or guardian of the minor and the notice required by subsection (c) shall be revised accordingly.
(h) Notwithstanding any law to the contrary, no person shall provide professional representation to a student athlete unless the person is registered as an athlete agent in this State and has a valid agency contract executed in compliance with this section."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Student Athletes; Athlete Agents; Professional Representation; Registration; Agent Contract; Endorsement; Name, Image, and Likeness
Description:
Prohibits any person from providing advisory, negotiation, or procurement assistance to or on behalf of a student athlete relating to endorsements; promotional or marketing services; appearances; autographs; social media branding; content creation or distribution; licensing of publicity rights; brand development, sponsorship, or promotional arrangements; or agreements related to the name, image, or likeness of the student athlete, without being a registered athlete agent in the State and having a valid agency contract executed in compliance with applicable law.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Feb 19, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN. |
| Feb 19, 2026 | Reported from EDU/EDT (Stand. Com. Rep. No. 2476) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN. |
| Feb 11, 2026 | The committee(s) on EDU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EDU were as follows: 4 Aye(s): Senator(s) Kim, Kidani, Hashimoto, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fukunaga. |
| Feb 11, 2026 | The committee(s) on EDT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EDT were as follows: 4 Aye(s): Senator(s) DeCoite, Wakai, Kim, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fukunaga. |
| Feb 6, 2026 | The committee(s) on EDU/EDT has scheduled a public hearing on 02-11-26 1:10PM; CR 229 & Videoconference. |
| Feb 2, 2026 | Referred to EDU/EDT, CPN. |
| Jan 28, 2026 | Passed First Reading. |
| Jan 28, 2026 | Introduced. |
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Date
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Description
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Location
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Votes
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| Feb 11, 2026 | The committee(s) on EDU recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Education |
Passed |
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| Feb 11, 2026 | The committee(s) on EDT recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Economic Development and Tourism |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Department of Athletics at the University of Hawaiʻi at Manoa | ** Support | |
| Department of Athletics (UHM Athletics) | *** Support | Feb 11, 2026 |
| University of Hawai‘i at Mānoa | *** Support | Feb 11, 2026 |
STAND. COM. REP. NO. 2476
Honolulu, Hawaii
RE: S.B. No. 3261
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committees on Education and Economic Development and Tourism, to which was referred S.B. No. 3261 entitled:
"A BILL FOR AN ACT RELATING TO ATHLETE AGENTS,"
beg leave to report as follows:
The purpose and intent of this measure is to prohibit any person from providing advisory, negotiation, or procurement assistance to or on behalf of a student athlete relating to certain activities, without being a registered athlete agent in the State and having a valid agency contract executed in compliance with applicable law.
Your Committees received testimony in support of this measure from the Department of Athletics at the University of Hawaiʻi at Manoa.
Your Committees find that the recent influx of revenue into collegiate athletics caused by new rules allowing funding for the use of a student athlete's name, image, and likeness (NIL) has compelled many student athletes to seek professional advice and legal representation. While the State's existing law regulating the conduct and certification process for athlete agents offers robust protections, it does not account for activities relating to NIL contracts. This measure will protect student athletes by safeguarding ethical professional representation among agent athletes.
Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the records of votes of the members of your Committees on Education and Economic Development and Tourism that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3261, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3261, S.D. 1, and be referred to your Committee on Commerce and Consumer Protection.
Respectfully submitted on behalf of the members of the Committees on Education and Economic Development and Tourism,
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________________________________ LYNN DECOITE, Chair |
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________________________________ DONNA MERCADO KIM, Chair |
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Date
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Testimony PDF
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| Feb 11, 2026 | SB3261_TESTIMONY_EDU-EDT_02-11-26_.PDF |
Discussed in Hearing
59SEC
Senate Standing Committee on Education
59SEC
Senate Standing Committee on Economic Development and Tourism
45SEC
Senate Standing Committee on Education
45SEC
Senate Standing Committee on Economic Development and Tourism
Bill Author
