NIL Legislation Tracker

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

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.

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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
Amateur Athletes Protection and Compensation Act of 2021	Senator Jerry Moran (R-Kansas)	Introduced and referred to the Committee on Commerce, Science, and Transportation on February 24, 2021.
College Athlete Bill of Rights	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.
College Athlete Economic Freedom Act	Senator Murphy (D-Conn) Representative Trahan (D-Mass)	Introduced and referred to the Committee on Commerce, Science, and Transportation on February 4, 2021.
Collegiate Athlete and Compensatory Rights Act	Senator Wicker (R-Miss)	Introduced and referred to the Committee on Commerce, Science, and Transportation on December 10, 2020
Fairness in Collegiate Athletics Act	Senator Rubio (R-FL)	Introduced and referred to the Committee on Commerce, Science, and Transportation on June 18, 2020
Student-Athlete Equity Act	Rep. Walker (R-NC)	Introduced and referred to the Committee on Ways and Means on March 14, 2019
Student-Athlete Level Playing Field Act	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 29 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:

State	Effective Date
Arizona	90 days after State Legislature adjourns
Arkansas	January 1, 2022
California	January 1, 2023
Colorado	July 1, 2021
Connecticut	Original bill - July 1, 2021; Amendment permitting use of institutional marks July 1, 2022
Florida	July 1, 2021
Georgia	July 1, 2021
Illinois	July 1, 2021
Kentucky	July 1, 2021
Louisiana	June 10, 2022
Maine	March 31, 2022
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
Virginia	July 1, 2022

These laws apply to student-athletes, institutions of higher education, and athletic associations. As to student-athletes, the enacted laws all generally provide that student-athletes:

may obtain licensed, professional representation, such as agents;
shall not enter into a contract for NIL compensation if a provision of the contract is in conflict with a provision of the athlete’s team contract; and
shall disclose any contract for NIL compensation to a designated official of the institution.

Further, state NIL laws generally provide that institutions of higher education:

cannot uphold a rule preventing a student from being compensated for their NIL;
shall not compensate prospective student-athletes for use of their NIL;
shall not revoke scholarships—which are not considered “compensation”—as a result of a student receiving NIL compensation;
that claim an athlete’s contract for compensation conflicts with their team contract, must identify the specific conflicting provisions; and
shall not include in any team contract provisions that prevent an athlete from using NIL for a commercial purpose when the athlete is not engaged in official team activities.

Finally, as to the rights of athletic associations – like the NCAA – the state NIL laws generally provide that athletic associations:

cannot prevent a student-athlete from earning NIL compensation; and
cannot prevent an institution from participating in athletics as a result of a student-athlete receiving NIL compensation.

Student-athletes’ remedies vary under the state NIL laws. For example, under Colorado’s law, aggrieved student-athletes can bring an action for injunctive relief. And, under Nebraska’s law, an aggrieved student-athlete or higher education institution may bring a civil action against the institution or association (but not student-athlete). If successful, the aggrieved party is entitled to actual damages, preliminary and other equitable relief, and reasonable attorneys’ fees and costs.

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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]:

Delaware

Proposed Bill	Proposed Effective Date
SB297	January 1, 2023

Massachusetts

Proposed Bill	Proposed Effective Date
H1340	January 1, 2022
H1335	July 1, 2022
S832	None provided

New York

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

Rhode Island

Proposed Bill	Proposed Effective Date
H6673	January 1, 2023

Washington

Proposed Bill	Proposed Effective Date
SB5942	None provided
SB5870	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.