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 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.  Despite this, both federal and state efforts remained underway.  On June 30, 2021, just one day before several state NIL laws were slated to go into effect and following the Supreme Court’s ruling in Alston, the NCAA’s Board of Directors voted to approve an interim NIL policy that permits all NCAA student-athletes to profit from their NIL. The policy confirms that student-athletes can use “professional services providers” for NIL activities, that student-athletes should report NIL activities consistent with state law or school and conference requirements, and that schools and conferences are free to adopt their own policies to build upon the framework provided in the interim policy.  The interim policy will remain in effect until federal legislation or new NCAA rules are adopted. 

Although student-athletes everywhere can now profit from their NIL, state laws remain an important piece to the puzzle – under the interim policy, student-athletes who attend school in a state with an active NIL law must comply with that law, in addition to any institution and conference policies (students who attend school in a state without active NIL legislation must only comply with any institution and conference policies).

This tracker includes a list of passed state laws, as well as pending legislation, which student-athletes and institutions should continue to monitor. We also highlight federal efforts to date. We regularly update the tracker to include the latest developments.

Text: 

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.

 
Text: 

States that have Passed NIL Laws

To date, the 28 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:

Back to Top

State Effective Date
Alabama July 1, 2021
Arizona 90 days after State Legislature adjourns
Arkansas January 1, 2022
California January 1, 2023
Colorado July 1, 2021
Connecticut July 1, 2021
Florida July 1, 2021
Georgia July 1, 2021
Illinois July 1, 2021
Kentucky July 1, 2021
Louisiana July 1, 2021
Maryland July 1, 2023
Michigan December 31, 2022
Mississippi July 1, 2021
Missouri August 28, 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
North Carolina July 2, 2021
Ohio July 1, 2021
Oklahoma Permitted immediately; required no later than July 1, 2023
Oregon July 1, 2021
Pennsylvania Permitted immediately
South Carolina July 1, 2022
Tennessee January 1, 2022
Texas July 1, 2021

 
Text: 

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]:

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

Oregon

Proposed Bill Proposed Effective Date
SB5 Effective upon approval

Rhode Island

Proposed Bill Proposed Effective Date
H5082 January 1, 2022

West Virginia

Proposed Bill Proposed Effective Date
HB2583 None provided
Text: 

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.

Text: