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.
- Colorado
- Florida
- Kansas
- Nebraska
- New Jersey
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.
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Alabama
None
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Alaska
None
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Arizona
None
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Arkansas
None
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California
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.
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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.
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Connecticut
Legislation: None
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Delaware
None
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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.
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Georgia
Legislation: None
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Hawaii
None
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Idaho
None
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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.
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Indiana
None
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Iowa
Legislation: None
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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.
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Kentucky
Legislation: None
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Louisiana
None
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Maine
None
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Maryland
Legislation: None
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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.
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Michigan
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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.
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Mississippi
Legislation: None
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Missouri
Legislation: None
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Montana
None
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Nebraska
Legislation: None
Summary: State legislature has voted in favor of legislation twice. Current legislative session postponed due to the COVID-19 crisis.
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Nevada
Legislation: None
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New Hampshire
None
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New Jersey
Summary: Bill passed by the state Senate and approved by the state Assembly's Higher Education Committee. Awaiting next action.
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New Mexico
None
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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.
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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.”
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North Dakota
None
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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.”
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Oklahoma
None
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Oregon
Legislation: None
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Pennsylvania
Legislation: None
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Rhode Island
None
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South Carolina
Legislation: None
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South Dakota
None
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Tennessee
Legislation: None
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Texas
Legislation: None
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Utah
Legislation: None
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Vermont
None
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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)
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West Virginia
Legislation: None
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Wisconsin
Legislation: None
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Wyoming
None
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