Senator Murphy (D-Conn) Is Uninspired By The NCAA's Latest Move

Senator Murphy, a vocal proponent of NCAA reform for compensating student-athletes, is referring to the NCAA's potential need for antitrust legislation to allow it to implement the "guardrails" (i.e., limits on how student-athletes can accept compensation) outlined by the NCAA Board of Governors.

This proposal is one step forward, one step back.

The NCAA wants to limit athlete endorsement deals in a way that could make them totally impractical.

And the NCAA wants Congress to give it total power of athletes' compensation. That should be a non-starter. https://t.co/G83zfkHf1i

— Chris Murphy (@ChrisMurphyCT) April 29, 2020

NCAA Moves Closer to Allowing Student-Athlete NIL Compensation

After years of fighting a losing battle (in federal court and the court of public opinion), the NCAA is moving away from its inexplicable reliance on the 1950s definition of “amateurism” and moving into the 21 century. Yes, the NCAA is deregulating. The NCAA Board of Governors has recommended that student-athletes, like non-athlete students, can profit from their name, image, and likeness (NIL), starting in 2021. The three NCAA divisions are expected to adopt NIL rules by January 2012 with implementation by the 2021-22 academic year.

What Do The Recommendations Provide?

While the recommendations open up a new playing field, they also contain various “guardrails.”

- Student-athletes can sell autographs, receive compensation for personal appearances, or benefit financially from other athletic/non-athletic endeavors. They can retain representation (agents) to handle the deals. However, agents cannot seek professional sports opportunities for student-athletes while the student-athlete is in school.

- Student-athletes are permitted to identify themselves by sport and school, but are prohibited from using school or conference branded apparel in their financial pursuits. For example, the star running back on the football team may agree to sign autographs for a fee at the grand opening of a local business. However, the student-athlete could not wear branded apparel during the appearance. Student-athletes can also profit from side-businesses (e.g., musicians, social media influencers, etc.).

- Student-athletes must disclose to their athletic department the financial terms of their contracts and relationships with the parties involved. Failure to do so could leave the student-athlete ineligible.

- Schools/boosters cannot pay for NIL activities (e.g., “pay for play” or recruit student-athletes).

The NCAA kicked and screamed as long as it could. After California passed its Fair Pay to Play law in September 2019, numerous other states followed California’s lead and passed/proposed similar legislation. The NCAA responded by asking Congress to step in and stall the states while the NCAA worked on its own proposal. The next step for the NCAA is to fully implement the proposal.

National Survey on College Athlete Name, Image, and Likeness Laws

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

UPDATE (January 14, 2020):  Virginia becomes the latest state to introduce legislation.  See update below. 

December 30, 2019:  [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. Stokesbary will introduce a bill in the 2020 legislative session allowing Washington’s student-athletes to pursue paid sponsorships and retain an agent.

West Virginia Legislation: None Summary: Delegate Shawn Fluharty will introduce during the 2020 legislative session a measure similar to California’s Fair Pay to Play Act.

Wisconsin Legislation: None Summary: State Representative Dave Murphy (R) is working on a proposal that would allow college athletes to use their fame in amateur sports to make money.

Wyoming None

TILMON GETS HIS RELEASE

Jeremiah Tilmom will get his release from Illinois on Monday Per Frank Cusumano of KSDK St. Louis.

@Frank_Cusumano: Jeremiah Tilmon will be granted his release tomorrow.  Then the recruiting reopens.  @KSDKSports

Sacramento Area Talent Represents at Prestigious National Track Meet

The Arcadia Invitational, dubbed the “Home of National Records” is taking place in this weekend in Arcadia, California.  The meet, considered one of the most competitive track & field meets in the country, has played host to 25 national high school records and has helped to produce 152 U.S. Olympians.  The meet was headlined by Olympian Sydney McLaughlin of Union Catholic High School who won the 300m hurdles invitational in a scorching 38.90.

Numerous Sacramento area athletes participated and so far have represented the area very well. 

Sacramento area individual/team results as of 7:30 pm. Note: There are two races in each event in the night portion, the invitational for the fastest group and a seeded race for the next-fastest group. Same for rated (fasted) and open (next-fastest).

Women

• St. Francis (Sacramento) won the 4 x 1600 seeded in 21:11.79 and placed 11^th in the 4 x 800 seeded with a time of 9:30.92.
• Sheldon (Elk Grove) placed 2^nd in the 800 sprint medley invitational with a time of 1:45.35 and finished 9^th in the 4 x 200 invitational running 1:44.75. [Shout out to Lees Summit West, Lees summit (Kansas City) Missouri, for finishing for finishing 5^th with a blistering time of 1:41.34.]
• Vacaville placed 18^th in the 4 x 1600 invitational running 21:31.68.
• Sofia Castiglioni finished 13^th in the 3200 seeded running 10:52.07.
• Abagail Fisk (Davis) ran 11:12.11 in the 3200 meter open.
• Erin Whelan (Rocklin) finished 8^th in the shot put with a throw of 34-08.00.
• Kara Smith (Franklin-Elk Grove) ran 2:21.33 and finished 34^th in the 800 seeded.
• Tai McDonald (Sheldon-Elk Grove) finished 3^rd in the 100 seeded running 12.07.
• Davis High’s Alyssa Lengtat and Tessa Malone (Davis) finished 6^th (39-00.50) and 20^th (36-08.50) respectively in the triple jump.

Men

• Franklin (Elk Grove) placed 5^th with a blistering time of 1:32.10 in the 4 x 200 seeded.
• Woodcreek (Roseville) placed 14^th in the 4 x 800 invitational running 8:00.95 while Whitney (Rocklin) placed 15 in the 4 x 800 seeded with a time of 8:17.80.
• Xavier Weaver (Franklin-Elk Grove) finished 4^th in the 800 invitational running 1:53.76.
• Jordan Tillis (Franklin-Elk Grove) finished 8 in the 400 invitational running 48.86.
• Matt Strangio (Jesuit-Sacramento) and Jake Ritter (Granite Bay) finished 9^th (9:17.58) and 18 (9:26.33) respectively in the 3200 meter rated.
• Jonah Wiener-Brodkey of McClatchy (Sacramento) finished 19 in the 3200 meter open in a time of 9:31.00.
• Iffy Joyner (Pittsburg) took 5^th in the discus with a throw of 198-04 and 10^th in the shot put with a mark of 54-08.25.
• Zach Galgan (Vacaville) finished 11^th in the pole vault jumping 15-00.00.

Please let me know if I missed any local athletes. Click here for live results.