Monday, December 30, 2019

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.


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

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

Hawaii

None
Idaho

None
Illinois


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

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

Louisiana

None
Maine

None
Maryland

Legislation: None

Massachusetts


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.

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

Missouri

Legislation: None

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

New Hampshire

None
New Jersey


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


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

Pennsylvania

Legislation: None

Rhode Island

None
South Carolina

Legislation:  None


South Dakota

None
Tennessee

Legislation: None

Texas

Legislation: None

Utah

Legislation: None

Vermont

None
Washington



West Virginia

Legislation: None

Wisconsin

Legislation: None

Wyoming

None

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