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Volume 23 No. 1
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The state(s) of NIL legislation

STATES RIGHTS: DETAILS, STATUS AND DATES ON PENDING BILLS

1. California’s new law, scheduled to take effect in January 2023, will allow college athletes to hire agents, promote products and receive compensation for endorsements.

2. Colorado’s bill would allow in-state collegians the chance to profit off their NIL, and gives the right to sue the NCAA if it threatens their eligibility as a result of being compensated. Expected to be introduced in 2020.

3. Florida has two bills addressing NIL rights, one of which was introduced in September, and both of which would take effect next summer. The first one authorizes student athletes to receive specified compensation and sets up guidelines for athletes, colleges/universities and agents. Creates Florida College Athlete NIL Task Force.

4. Georgia’s bill, expected to be introduced in January, has basic coverage for NIL rights.

5. Illinois’ bill prohibits institutions of higher learning, athletic associations, conferences or other organizations with authority over intercollegiate athletics from preventing student athletes from earning compensation from their NIL. Also sets forth provisions concerning professional representation and contracts. The September bill would be effective in 2023.

6. Kentucky’s bill, which does not have a target date yet, is similar to California’s law.

7. Michigan’s bill is similar to many of the others, but student athletes would not receive money from the schools, including ticket sales. All student-athlete compensation would come from third parties. It was introduced in November with a July 2020 target date.

8. No salaries for student athletes, but Minnesota’s bill would allow them to do endorsements and shoe deals, be compensated for autographs and hire agents. It’ll be introduced in 2020.

9. Contents from Missouri’s bill are to be determined, but Rep. Wes Rogers (D) plans to have something ready in January.

10. Nevada’s plans are still evolving and probably won’t be ready until 2021.

11. Student athletes would be allowed to profit off their NIL in New Jersey, and colleges/universities would be prohibited from membership in an organization that prevented student athletes from earning compensation for endorsements.

12. New Mexico’s bill in 2020 is to be determined.

13. The New York bill is the only one that would require schools to directly pay the athletes based on 15% of the ticket revenue generated by athletics.

14. The federal bill introduced in March by Rep. Mark Walker, a North Carolina Republican, would modify the definition of tax-exempt amateur sports organizations that substantially restrict student athletes from being compensated. In other words, the tax-exempt status of a school or governing body could be threatened.

15. Ohio Republican Rep. Anthony Gonzalez is pursuing federal legislation similar to Walker’s, but that would also include stipulations protecting student-athletes from people trying to take advantage of them.

16. Pennsylvania will use the California law as a guide when it considers the issue next year.

17. South Carolina Sen. Marlon Kimpson first proposed an NIL bill in 2014 after seeing running back Marcus Lattimore’s gruesome knee injury that stunted his professional career. S.C.’s new bill allows “the state’s biggest colleges” — Clemson, South Carolina — to pay football and basketball athletes $5,000 each a year.

18. Washington has a companion bill that says its NIL bill will be enacted only if 15% of the country passes an NIL bill. That’s at least eight other states.

19. Wisconsin’s bill requires student athletes to notify their school before signing a contract. They couldn’t enter any agreement that would “embarrass the school.” Targets 2023 to go into effect.

Who they are

Authors/co-authors of the bills: 11 Republicans, 18 Democrats

Includes the primary sponsors of the bill.

 

6 — played college sports

Jason Frierson, Nevada, football, Nevada
*Anthony Gonzalez, Ohio State, football, Ohio
Brandt Iden, Kalamazoo College, tennis, Michigan
Mark Moores, New Mexico, football, New Mexico
*Joe Tate, Michigan, football, Michigan
Chris Welch, Northwestern, baseball, Illinois

Also:

California Gov. Gavin Newsom played baseball at Santa Clara.
Florida Gov. Ron DeSantis played baseball at Yale.

*Played professionally