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State Name, Image, and Likeness Legislation

by michelle
State NIL map 7-7

The interim NCAA NIL policy requires institutions and athletes in states with passed NIL legislation to follow their state’s bill. 

If an institution is in a state without an NIL bill, then the institution is responsible for putting NIL guidelines in place. for their athletes.

Name: HB 404

Passed: April 20, 2021

Effective: July 1, 2021

Notables:

  • Student-athletes could receive compensation for their name, image, and likeness at “market value”.
  • Student-athletes could hire an agent or attorney to represent them for the purposes of receiving NIL compensation.
  • Universities could not unreasonably restrict student-athletes from receiving NIL compensation or hiring an attorney or agent.
  • Universities could not compensate their own athletes for NIL.
  • NIL compensation could not be used as a recruiting inducement or a reward for participation or performance.
  • The bill would also set up an Alabama Collegiate Athletics Commission to make rules consistent with the bill, consult with experts on college athletics, and monitor compliance with the law.

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Name: SB 1296: Collegiate athletics; compensation

Passed: March 26, 2021

Effective: July 23, 2021

Notables:

  • Prohibits collegiate athletes from entering into contracts that conflict with their team’s contract(s).
  • Includes agent licensing requirements.
  • Protects Collegiate athletes from being denied a scholarship or eligibility for their sport if they receive NIL-based compensation.
  • Prevents collegiate athletes from entering into contracts that conflict with another individual’s, or their institution’s, intellectual property rights.
  • No provision requiring collegiate athletes to disclose endorsement contracts.

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Name: AR HB 1671: Arkansas Student-Athlete Publicity Rights Act

Passed: April 21, 2021

Effective: January 1, 2022

Notables:

  • Athletes can’t promote themselves during practices, games, or other team activities. 
  • Contracts can’t conflict with the institution’s contracts or policies.
  • Athletes are permitted to hire representation but they must be licensed in Arkansas.
  • Athletes must disclose contract terms, conditions, parties, and compensation to a designated official of the university. 
  • Athletes are prohibited from endorsing adult entertainment, alcohol, casinos, drugs, or weapons. 

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Name: SB 206: “Fair Pay to Play Act”

Passed: September 27. 2019

Effective: January 1, 2023

Notables:

  • The first state to legislate the right of collegiate athletes to earn compensation for their NIL.
  • Only applicable to athletes enrolled at 4-year institutions.
  • Forbids deals that undermine an institution’s existing endorsements.
  • There may be a supplement added to the original bill to ensure full protection of college athletes’ rights and also move up the effective date no later than January 1, 2022.

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Name: SB20-123: “Compensation and Representation of Student-Athletes”

Passed: March 20, 2020

Effective: January 1, 2023

Notables:

  • Prevents any athletics association from developing legislation that restricts an athlete from monetizing their NIL.
  • An athlete can seek legal representation but it must be a licensed attorney.
  • Athletes may not enter into an agreement that conflicts with a team contract.
  • Athletes must disclose any signed agreements to the institution within 72 hours. 

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Name: SB646: Intercollegiate Athlete Compensation and Rights

Passed: July 12, 2020

Effective: July 1, 2021

Notables:

  • Compensation must not be based on athletic performance or attendance at a particular institution.
  • Athletes may not enter into an agreement if the terms conflict with the terms of the athlete’s program. If a conflict does occur, the institution is required to disclose the conflict to the athlete.
  • Any attorney representing an athlete must be in good standing with the Florida Bar.
  • Agreements can’t extend beyond the athlete’s eligibility.
  • Institutions are required to conduct financial literacy and life skills workshops that include financial aid, debt management, and budgeting.

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Name: HB617: Postsecondary education; student-athletes may receive compensation for use of name, image, or likeness

Passed: May 6, 2021

Effective: July 1, 2021

Notables:

  • Institutions are permitted to “pool” up to 75% of an athlete’s NIL earnings to be distributed amongst all eligible athletes after graduation.
  • Contracts can’t conflict with the institution’s contracts or policies.
  • Colleges are required to conduct a five-hour financial literacy and life skills workshop at the beginning of student athletes’ first and third years.
  • Students would also be allowed to hire agents to negotiate on their behalf.

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Name: Passed via executive order

Passed: June 24, 2021

Effective: July 1, 2021

Notables:

  • Recommends (but doesn’t require) the institutions to provide financial literacy, social media & brand management, and time management education and resources for athletes. 
  • Permits institutions to create reasonable limitations on or promulgate reasonable rules pertaining to dates and times that an athlete can do their NIL work.
  • Permits institutions to nix opportunities that they deem incompatible or detrimental to the image, purpose, or stated mission of the institution. 

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Name: Jordan McNair Safe and Fair Play Act (SB 439)

Passed: May 18, 2021

Effective: July 1, 2023

Notables:

  • The safety measures go into effect on July 1, 2021. However, the NIL provisions take effect on July 1, 2023.
  • Allows colleges to prohibit an athlete from engaging in in-person advertising for a third-party sponsor during official and mandatory team activities.
  • The act mandates that schools adopt guidelines to prevent, assess, and treat brain injury, heat illness, rhabdomyolysis, and other serious sports-related conditions. 

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Name: House Bill 5217 and 5218

Passed: December 30, 2020

Effective: December 31, 2022

Notables:

  • Athletes can enter endorsement deals, hire agents and attorneys, and accept gifts without risk of punishment.
  • No apparel contract that conflicts with the institutions.
  • Athletes must disclose the deal to the institution seven days prior to committing to the opportunity.
  • Restricts the use of the name and/or other intellectual property of the university in conjunction with the student-athletes use of their NIL.

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Name: Mississippi SB 2313: Mississippi Intercollegiate Athletics Compensation Rights Act

Passed: March 31, 2021

Effective: July 1, 2021

Notables:

  • Similar provisions to the laws of the six states that have already confirmed NIL rights.⠀⠀⠀⠀⠀⠀⠀⠀⠀
  • However, it allows a school to impose reasonable limitations on the dates and times a student-athlete may participate in any endorsement activities.⠀⠀⠀⠀⠀⠀⠀⠀⠀
  • Allows athletes to hire an agent but the athlete must give 7-day notice of their selection.⠀⠀⠀⠀⠀⠀⠀⠀⠀
  • Mandates disclosure of endorsement deals to their schools before the deals can become effective.⠀⠀⠀⠀⠀⠀⠀

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Name: SB 248

Passed: April 30, 2021

Effective: July 1, 2023

Notables:

  • Applicable to both 2 year and 4 year institutions
  • An athlete can’t enter a contract that conflicts with team rules or terms of their institution’s contract.
  • Athletes must disclose contracts to a school official.

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Name: LB962: Nebraska Fair Pay to Play Act

Passed: February 25, 2020

Effective: On or before July 1, 2023

Notables:

  • Prevents an athletics association from taking away an athlete’s eligibility for monetizing their NIL.
  • Prevents an athletics association from penalizing an institution that permits athletes to exercise their NIL rights.
  • Athletes must disclose a detailed account of all deals to the institution.
  • Athletes aren’t permitted to enter contracts that require advertising during team activities and/or conflict with their team’s contracts.
  • Each institution in Nebraska is able to choose a date to apply the act’s regulations.

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Name: AB 254

Passed: May 29, 2021

Effective: January 1, 2022

Notables:

  • An institution may require athletes to receive education in contracts, financial literacy, or any other subject the institution deems necessary to prepare the athlete.
  • The Legislative Committee on Education will appoint a committee to conduct an interim study on the use of NIL.
  • Athletes must disclose contracts but no time frame is specified.

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Name: Bill NJ S971: New Jersey Fair Play Act

Passed: September 14, 2020

Effective: 2024-2025 Academic Year

Notables:

  • Athletes can hire an agent to represent their NIL interests and it prevents an athlete from being declared ineligible from monetizing their NIL.
  • Forbids deals with adult entertainment products and services, alcohol, gambling, tobacco, pharmaceuticals, controlled “dangerous” substances, and weapons. Violations could result in an athlete losing their scholarship.
  • Forbids deals that conflict with a team contract.
  • A team contract is permitted to utilize their athletes’ NIL for advertising and marketing without additional compensation to the athlete.
  • Athletes required to disclose deals to the institution.

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Name: SB 94: Student Athlete Endorsement Act

Passed: April 7, 2021

Effective: July 1, 2021

Notables:

  • No state university can take away a scholarship or punish in any way a college athlete for “receiving food, shelter, medical expenses or insurance from a third party or for earning compensation from the use of the athlete’s name, image, likeness or athletic reputation.”
  • Athletes can not endorse any product while playing their sport (i.e. during games) or use official team gear for endorsements they set up on their own.
  • The athletes are allowed legal representation for potential endorsement deals, but that doesn’t mean they can hire agents who may represent them for playing professionally.

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Name: SB 48

Passed: May 28, 2021

Effective: No later than July 1, 2023

Notables:

  • Similar to Nebraska’s NIL bill, Oklahoma’s law allows schools to give athletes their NIL rights immediately.
  • Contracts must be disclosed to schools within 72 hours or before the athlete’s next athletic event, whichever occurs first.
  • Athletes can’t enter into contracts that have provisions that conflict with provisions in their team’s contact.

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Name: S685: Intercollegiate Athletes’ Compensation for Name, Image, and Likeness

Passed: May 6, 2021

Effective: May 2022

Notables:

  • May only be for third-party endorsements, the athlete’s non-athletic work product, or activities related to a business that the athlete owns
  • Such activities may not take place during the student’s academic, athletic, or team-mandated activities
  • Compensation may not be earned for the endorsement of tobacco, illegal substances or activities, banned athletic substances, or gambling

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Name: HB 1351

Passed: May 11, 2021

Effective: January 1, 2022

Notables:

  • Requires Tennessee colleges to conduct a financial literacy workshop for athletes new to the school.
  • Students are prohibited from endorsing gambling, alcohol, tobacco, or adult entertainment products.
  • Allows schools to prohibit the use of logos and other university trademarks in the endorsements,

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Name: SB 1385

Passed: June 14, 2021

Effective: July 1, 2021

Notables:

  • Athletes may not endorse alcohol, tobacco products, e-cigarettes, anabolic steroids, sports betting, casino gambling, a firearm that the athlete can’t legally purchase, or a sexually oriented business.
  • Requires athletes to attend a financial literacy workshop.

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Name: HB 6402

Passed: June 30, 2021

Effective: September 1, 2021

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Name: SB 2338

Passed: June 29, 2021

Effective: July 1, 2021

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Name: Executive Order 2021-10D

Passed: June 28, 2021

Effective: July 1, 2021

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Name: SB 5

Passed: June 29, 2021

Effective: July 1, 2021

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Name: SB 381

Passed: June 30, 2021

Effective: June 30, 2021

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Name: SB 60

Passed: July 1, 2021

Effective: July 1, 2021

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