Apr 15, 20207 min read

National Survey on College Athlete NIL Legislation

UPDATE (April 15, 2020): I hope you are all doing well during the current COVID-19 crisis. Like all of you, the "Rona" threw a curve ball at my life. Notwithstanding, here are the latest updates. General Updates:

Unlike the snail pace adopted by the NCAA, the National Association of Intercollegiate Athletics (NAIA) has already proposed its own name, image, and likeness legislation. The proposed legislation is broader than the California Fair Pay To Play Act in that is contains virtually no restrictions on how student-athletes can monetize their name, image, and likeness. Interestingly, the proposed legislation allows student-athletes to receive compensation even if the promotion/marketing/advertising references the school or the student-athlete's status.

State Updates (see spreadsheet for details):

Colorado
Florida
Kansas
Nebraska
New Jersey

[This survey is provided by William “Skip” Bishop, J.D. as a quick reference to relevant laws and statutes governing college athlete name, image, and likeness legislation in the United States. The survey contains links to the actual legislation and/or related news articles. I will update the survey as more information becomes available. NOTE: Some sources may be behind a paywall.]

On September 30, California acted and the country (mostly) followed. That is an accurate summation of the response to California’s groundbreaking “Fair Pay to Play Act.” Since Governor Gavin Newsom signed into law Senate Bill 206 – allowing California-based college athletes the right to profit on their name, image, and likeness – more than 20 states have proposed, or are considering, similar legislation. Federal legislation also is in the pipeline.

In October, the NCAA Board of Governors responded to California’s new law by voting unanimously to permit college athletes “the opportunity to benefit from the use of their name, image and likeness.” The board asked each division to create rules between now and January 2021. The details remain undetermined. The Board did not clarify if the NCAA will allow athletes to receive money. Who knows how they will interpret “opportunity” or “benefit.”

Federal Legislation: H.R.1804 (Title: Student-Athlete Equity Act). Currently in the House Ways and Means Committee. Summary: Representative Mark Walker’s (R-North Carolina) bill would modify the definition of a tax-exempt amateur sports organization to exclude organizations that substantially restrict a student athlete from using, or being reasonably compensated for the third party use of, the athlete's name, image, or likeness. Representative and former D-1 athlete Anthony Gonzalez (R-Ohio) also is planning to propose a new national law to give college athletes the opportunity to make endorsement money.

Alabama None

Alaska None

Arizona None

Arkansas None

California Legislation: Cal. Ed Code §§ 67456, 67457 (Effective January 1, 2023) Summary: Prohibits California colleges and universities (except community colleges) and other organizations with authority over intercollegiate athletics from providing compensation to a prospective student athlete or preventing a student athlete from earning compensation based on the student’s name, image, or likeness. Also prohibits athletic associations or conferences from preventing participation for those colleges and universities that allow student athlete compensation for their name, image, or likeness. Allows student athletes to obtain professionally licensed representation. Prohibits the revocation of scholarships, but would require that any contract for compensation not conflict with an athlete’s team contract. Requires the Chancellor of the California Community Colleges to convene a community college athlete name, image, and likeness working group composed of individuals appointed on or before July 1, 2020.

Colorado Legislation: SB-123 (Effective January 1, 2023) Summary: Colorado Governor Jared Polis signed Colorado's name, image, and likeness bill. The bill takes effect January 1, 2023, the same day as California's Fair Pay To Play Act. The law prohibits schools and governing bodies (i.e., NCAA) from interfering with student-athletes' right to profit from their name, image, and likeness and hiring agents to represent their commercial interests.

Connecticut Legislation: None Summary: State Sen. Derek Slap (D) is leading efforts on a dual pronged approach to address the issue.

Delaware None

Florida Legislation: SB646 (Effective July 1, 2021) Sent to Governor for signature. Summary: State Senate and House passed bill in late March 2020. Governor DeSantis has voiced support for the bill.

Georgia Legislation: None Summary: Georgia representative Billy Mitchell (D) announced in October 2019 that he would introduce legislation during the 2020 legislative session to allow college athletes across the state to be compensated for the use of their name, likeness and image.

Hawaii None

Idaho None

Illinois Legislation: House Bill 3904 (Title: Student Athletes Endorsement Act). Passed by the House Higher Education Appropriations Committee by a 9-6 vote on partisan lines and referred to the Senate Subcommittee on Special Issues. Summary: State Representative Emanuel “Chris” Welch’s (D) bill allows student-athletes to be paid for the use of their names and likenesses. The bill prohibits the NCAA/colleges from punishing the students and the universities they attend. The bill also prohibits colleges from paying salaries to student-athletes. Illinois Governor JB Pritzker (D) urges immediate passage of the bill.

Indiana None

Iowa Legislation: None Summary: Iowa State Representatives Joe Mitchell (R) and Ras Smith (D) are working on a bill similar to California’s “Fair Pay to Play Act” and anticipate their bill getting a hearing in the 2020 legislative session.

Kansas Legislation: Senate Bill 474 Summary: Prevents the NCAA or other athletic associations from restricting student athletes from profiting on their name, image, or likeness and prohibits the NCAA or other athletic associations from interfering with a University's participation in intercollegiate athletics because an athlete(s) were compensated for their name, image, or likeness. The bill also grants Universities a "royalty-free" license to use athletes name, image, and likeness in athletic/academic advertising and marketing.

Kentucky Legislation: None Summary: Kentucky State Senator Morgan McGarvey (D) will introduce a bill during the 2020 legislative session allowing college athletes to profit off their name, image and likeness.

Louisiana None

Maine None

Maryland Legislation: None Summary: Maryland Delegate Brooke Lierman (D) anticipates introducing name, image, and likeness legislation in the near future.

Massachusetts Legislation: Bill SD.2664 (No Title). Referred to the Joint Committee on Higher Education. Summary: State Senator Barry Finegold’s bill would prohibit public or private colleges from upholding any rule or standard that prevents a student athlete from earning compensation as a result of the use of the student's name, image or likeness.

Michigan Legislation: House Bill No. 5217 (No Title). Referred to Committee on Oversight. Summary: State Representatives, and former athletes, Brandt Iden (R) and Joe Tate (D) introduced bipartisan legislation that, if signed into law, would allow compensation for postsecondary educational institution student-athletes’ name, image, and likeness effective July 2020.

Minnesota Legislation: None Summary: State Representative Nolan West (R) and State Senator Robert Chamberlin are proposing legislation similar to California’s Fair Pay to Play Act.

Mississippi Legislation: None Summary: State Senator Joel Carter (R) will introduce legislation similar to California’s Fair Pay to Play Act in the 2020 legislative session.

Missouri Legislation: None Summary: State Representative Wes Rogers (D) will introduce legislation similar to California’s Fair Pay to Play Act at the start of the 2020 legislative session.

Montana None

Nebraska Legislation: None Summary: State legislature has voted in favor of legislation twice. Current legislative session postponed due to the COVID-19 crisis.

Nevada Legislation: None Summary: Nevada Assembly Speaker and former D-1 athlete Jason Frierson (D) and State Senator Yvanna Cancela (D) are in the early stages of exploring legislation similar to California’s Fair Pay to Play Act. Nevada’s Legislature does not meet again until February 2021.

New Hampshire None

New Jersey Legislation: NJ S971 "New Jersey Fair Play Act" Summary: Bill passed by the state Senate and approved by the state Assembly's Higher Education Committee. Awaiting next action.

New Mexico None

New York Legislation: Senate Bill S6722B (Title: New York Collegiate Athletic Participation Compensation Act). In Senate Committee Rules Committee. Summary: Allows student-athletes to receive compensation including for the use of a student's name, image or likeness. Allows student athletes to seek professional representation; requires colleges to establish a sports injury health savings account to provide compensation to athletes for career ending or long-term injuries. Requires colleges to establish a wage fund to be paid out to all student-athletes attending the college. Requires colleges to take fifteen percent of revenue earned from athletics ticket sales and divide such revenue among student-athletes. Establishes the community college athlete name, image and likeness working group.

North Carolina Legislation: None Summary: No state legislation on the horizon but Representative Mark Walker (R) introduced H.R.1804 (Title: Student-Athlete Equity Act) Currently in the House Ways and Means Committee. See supra “Federal.”

North Dakota None

Ohio Legislation: None Summary: No state legislation on the horizon but Representative Anthony Gonzalez (R) is planning to propose a new national law to give college athletes the opportunity to make endorsement money. See supra “Federal.”

Oklahoma None

Oregon Legislation: None Summary: Senate President Peter Courtney (D) plans to introduce during the 2020 legislative session a bill that would allow student athletes to profit from their name, image, and likeness.

Pennsylvania Legislation: None Summary: Representative Dan L. Miller (D) and Representative Ed Gainey (D) will soon introduce legislation that will empower our college athletes and make sure that they are fairly compensated for their work and efforts.

Rhode Island None

South Carolina Legislation: None Summary: State Senator Marlon Kimpson (D) and State Representative Justin Bamberg (D) will file a bill in the 2020 legislative session similar to California’s Fair Pay to Play Act. [Note: In 2014, Kimpson filed a bill calling for college athletes to be paid for their service.]

South Dakota None

Tennessee Legislation: None Summary: State Senator Brian Kelsey (R) recently announced that he plans to add language to a proposed bill that will allow collegiate athletes to earn money while playing for their universities.

Texas Legislation: None Summary: State Representative Jeff Leach (R) plans to work on legislation similar to California’s Fair Pay to Play Act.

Utah Legislation: None Summary: No discussion of state legislation, but U.S. Senator Mitt Romney (Utah) formed a bipartisan working group to look at compensation for college athletes.

Vermont None

Virginia Legislation: None Summary: Virginia House of Delegates members Jason Miyares (R) and Marcus Simon (D), along with Senator Bryce Reeves (R) introduced legislation prohibiting a school, conference or national body (i.e., the NCAA) from preventing a student to profit off their name, likeness, or image.

Washington Legislation: HB 1084 - 2019-20 (Companion Bill: SB 5875)(House Committee on College & Workforce Development) Summary: State Representative Drew Stokesbary (R) introduced House Bill 1084 early in the 2019 legislative session. HB 1084 would make it illegal to prohibit student-athletes from receiving compensation in exchange for services provided. The bill stalled in committee.