Gov. Jared Polis signs bill to let CU, CSU and other colleges pay athletes directly — but with “concerns”

Student-athletes at Colorado colleges can now be paid directly by their schools under a bill signed by Gov. Jared Polis, though the law did not come without some heartburn about public transparency.

Polis signed House Bill 1041 into law Friday to bring Colorado in line with recent court rulings that allow schools to pay their student-athletes directly. But the law also carves out the athletes’ contracts as exempt from the state open records law.

In a signing statement, Polis said he supported the bill’s aims and keeping Colorado collegiate athletics competitive — but he had “concerns” about the exception.

“While the bill’s exception is narrowly tailored, it follows an unfortunate trend of legislative proposals that ultimately impede access to official records that are arguably within the public’s interest to view,” Polis wrote. “These exceptions move transparency in the wrong direction and any other proposals that further prevent or delay public access to information will be carefully reviewed.”

The bill passed the House and Senate overwhelmingly. Sponsor Sen. Judy Amabile, a Boulder Democrat, said she appreciated the governor’s concerns about the bill, but “the fact is that these are not employees.”

“They’re not being paid with public money,” Amabile said. “They’re students, and students have protections, and we wanted to preserve that.”

The Colorado Freedom of Information Coalition opposed the bill over the records exemption, arguing in part that transparency for contracts would help ensure fair earning opportunities for the student-athletes.

The athletes’ pay would come from auxiliary funds directly tied to athletics, such as ticket sales, merchandise and TV deals — not tax dollars. Big-name college athletics, such as the University of Colorado Buffaloes, can generate tens of millions of dollars.