NIL Legislation Tracker

NIL Legislation Tracker

Your Guide to Federal and State Laws on Name, Image and Likeness Rules for NCAA Athletes

Federal NIL Bills States that have Passed NIL Laws States that have Proposed NIL Bills

Saul Ewing Arnstein & Lehr attorneys are following the rapidly changing landscape of legislation affecting how NCAA athletes can profit from the use of their name, image or likeness (NIL).  In January 2021, the NCAA halted its vote to amend its rules to give student-athletes more control over the use of their NIL for commercial purposes — a practice that was previously largely prohibited by the NCAA.  With regard to timeline, the NCAA has stated that each of its divisions will continue to discuss future action on proposed NIL rules through Summer 2021.  While the NCAA has not enacted new NIL rules, both federal and state efforts to pass legislation that would permit NIL compensation for NCAA athletes remain underway. This tracker identifies the proposed and enacted NIL legislation, along with the status or effective date, as appropriate. We regularly update the tracker to include the latest developments.



 

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Federal NIL Bills

There have been several federal bills introduced by both Republicans and Democrats, and, in some instances, on a bipartisan basis.  Beyond some initial media attention when first introduced, these bills have not gained much traction.  However, the most recent NIL bill, which was introduced on February 24, 2021, suggests that there is continued interest in getting a federal law on the books.

Bill Sponsor(s) Status
  • Senator Jerry Moran (R-Kansas)
  • Introduced and referred to the Committee on Commerce, Science, and Transportation on February 24, 2021.
  • Senator Booker (D-NJ)
  • Senator Blumenthal (D-CT)
  • Senator Gillibrand (D-NY)
  • Senator Schatz (D-HI)
  • Introduced and referred to the Committee on Education and Labor and the Committee on Energy and Commerce on December 18, 2020.
  • Senator Murphy (D-Conn)
  • Representative Trahan (D-Mass)
  • Introduced and referred to the Committee on Commerce, Science, and Transportation on February 4, 2021.
  • Senator Wicker (R-Miss)
  • Introduced and referred to the Committee on Commerce, Science, and Transportation on December 10, 2020
  • Senator Rubio (R-FL)
  • Introduced and referred to the Committee on Commerce, Science, and Transportation on June 18, 2020
  • Rep. Walker (R-NC)
  • Introduced and referred to the Committee on Ways and Means on March 14, 2019
  • Rep. Gonzalez (R-OH)
  • Cleaver (D-MO)
  • Originally introduced and referred to Committee on Energy and Commerce and the Committee on Education and Labor on September 24, 2020
  • Re-introduced on April 24, 2021.

 
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States that have Passed NIL Laws

To date, the 18 states listed below have passed NIL laws.[1]  These states have largely modeled their laws on California’s “Fair Pay to Play Act,” which was the first state NIL law enacted. Notably, the effective date of these NIL laws varies:

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State Effective Date
Alabama July 1, 2021
Arizona 90 days after State Legislature adjourns
Arkansas January 1, 2022
California January 1, 2023
Colorado January 1, 2023
Florida July 1, 2021
Georgia July 1, 2021
Maryland July 1, 2023
Michigan December 31, 2022
Mississippi July 1, 2021
Montana June 1, 2023
Nebraska Permitted immediately; required no later than July 1, 2023
Nevada January 1, 2022
New Jersey 5th academic year after passage
New Mexico July 1, 2021
Oklahoma Permitted immediately; required no later than July 1, 2023
South Carolina July 1, 2022
Tennessee January 1, 2022

 
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States that have Proposed NIL Bills

While a number of states have expressed an intention to pass NIL laws, the following states actually have pending NIL legislation[1]:

Connecticut

Proposed Bill Proposed Effective Date
HB6402 July 1, 2021

Illinois

Proposed Bill Proposed Effective Date
SB2516 January 1, 2024

Iowa

Proposed Bill Proposed Effective Date
HF671 Effective upon approval
SF386 Effective upon approval

Kansas

Proposed Bill Proposed Effective Date
HB2264 January 1, 2022

Louisiana

Proposed Bill Proposed Effective Date
SB60 July 1, 2021

Massachusetts

Proposed Bill Proposed Effective Date
H1340 January 1, 2022
H1335 July 1, 2022

Missouri

Proposed Bill Proposed Effective Date
HB498 July 1, 2022
HB614 July 1, 2022

New Mexico

Proposed Bill Proposed Effective Date
SB94 July 1, 2021

New York

Proposed Bill Proposed Effective Date
A05115 January 1, 2025
S04771 Effective upon approval
S03513 Effective upon approval

North Carolina

Proposed Bill Proposed Effective Date
S324 January 1, 2024

Ohio

Proposed Bill Proposed Effective Date
SB187 July 1, 2021

Oregon

Proposed Bill Proposed Effective Date
SB5 Effective upon approval

Pennsylvania

Proposed Bill Proposed Effective Date
HB632 60 days from passage

Rhode Island

Proposed Bill Proposed Effective Date
H5082 January 1, 2022

Texas

Proposed Bill Proposed Effective Date
SB1385 September 1, 2021

West Virginia

Proposed Bill Proposed Effective Date
HB2583 None provided
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Saul Ewing Arnstein & Lehr attorneys regularly advise colleges and universities on legal and compliance issues. If you have any questions regarding NIL legislation generally, or the NIL efforts in your specific state, please contact the atorneys below or the attorney at the Firm with whom you are regularly in contact.

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