Federal Name, Image, and Likeness Proposals The NCAA NIL proposal was tabled due to potential antitrust violations so various Senators and Representatives have developed Name, Image, and Likeness legislation to help guide this new space. It is unlikely that any of these will be passed as is, but potentially one will be revised and/or a new bill will be proposed that incorporates aspects of each. Student-Athlete Equity Act What I Like: This is by far the shortest and simplest bill – essentially adding 34 words to the IRS Code of 1986 on the definition of a qualified amateur sports organization. This would force the NCAA and the institutions to allow athletes to monetize their NIL or risk losing their tax-exempt status. I like that it doesn’t set a precedent for the federal government determining how non-profits run their businesses while still giving new opportunities to the athletes. What I Don’t Like: While the NCAA would have to act, it leaves the changes 100% in their hands. When the NCAA released their first NIL proposal, it included restrictions that flagged some potential antitrust violations. Also, the verbiage used is a bit vague: “substantially” and “reasonably” leave a lot of room for interpretation by the NCAA. The Unknowns: How would this change affect amateur sports organizations outside of collegiate athletics? Read More: Official Bill – H.R. 1804 Sports Illustrated Bloomberg Law College AD Fairness in Collegiate Athletics Act What I Like: Rubio’s time frame requires the NCAA to change their NIL rules by June 30, 2021 putting it in advance of Florida’s state bill becoming law on July 1. This would ease the complications of institutions in different states having different rules for their athletes.What I Don’t Like: This bill gives a lot of power to the NCAA and the institutions to control what types of deals an athlete can do and on top of that, gives the NCAA immunity from future lawsuits surrounding their legislative changes. This leaves the door open for the NCAA to continue to take advantage of student athletes without risk of repercussions.The Unknowns: Who is responsible for determining Fair Value Contracts? This bill states that collegiate athletes must report their contracts to their school and the NCAA to ensure that they are appropriate, but doesn’t specify how “fair value” would be interpreted and by whom. Read More: Official Bill Rubio Official Forbes USA Today College and Pro Sports Law Sportico Student-Athlete Level Playing Field Act What I Like: This bill includes the most discussion around boosters and keeping them out of NIL deals, even going so far as to make it unlawful, with the booster subjected to civil penalties. The issue of boosters using NIL deals as a recruiting enticement is one of the biggest issues that the NCAA is worried about.What I Don’t Like: While I like the outline of the “Covered Athletic Organization Commission”, I think it needs to be a permanent commission, with potential to amend or renew their responsibilities after every year. Additionally, I think it would be beneficial to require the …
