Passed Legislation Tracker



Last modified: November 9, 2020

Regulation NCAA Division I Florida California Colorado New Jersey Nebraska
Bill(s) Proposed Legislation SB 646 SB 206 SB 20-123 S 971 LB 962
Effective Date 8/1/2021 (if passed - 1/2021 vote at NCAA Convention) 7/1/2021 1/1/2023 1/1/2023 7/1/2023 7/1/2023
Benefits Summary

Promote camps and clinics, private lessons, their own products and services, and commercial products or services

Compensation for autographs and personal appearances

Crowdfund for nonprofits or charitable organizations, catastrophic events and family hardships, as well as for educational expenses not covered by cost of attendance

Permits compensation to athlete for NIL use if provided by a third party unaffiliated with athlete’s institution and protects athlete against unauthorized NIL use

Compensation must be commensurate with FMV and must not be based on athletic performance

Prevents institutions from adopting/enforcing regulations that unduly restrict NIL compensation rights or conditions eligibility or aid on not exercising these rights

Permits compensation to athlete for NIL use

Prevents institutions from adopting/enforcing regulations that unduly restrict NIL compensation rights or conditions eligibility or aid on not exercising these rights

Permits compensation to athlete for NIL use

Prevents institutions from adopting/enforcing regulations that unduly restrict NIL compensation rights or conditions eligibility on not exercising these rights

Permits compensation to athlete for NIL use

Prevents institutions from adopting/enforcing regulations that unduly restrict NIL compensation rights

Permits compensation to athlete for NIL use

Prevents institutions from adopting/enforcing regulations that penalizes athlete for exercising NIL rights

Excluded Endorsement Categories

Commercial products/services that conflicts with NCAA legislation (i.e., wagering, banned substances)

Commercial products/services that conflict with institutional values (institutional option)

None

None

None

Adult entertainment products and services; alcohol products; casinos and gambling, including sports betting, the lottery, and betting in connection with video games, online games, and mobile devices; tobacco and electronic smoking products and devices; prescription pharmaceuticals; a controlled dangerous substance; and weapons, including firearms and ammunition.

Violation of this provision would cause the revocation of the athlete’s institutional scholarship.

None

Conflict Limitations

No conflicts with existing team agreements (institutional option)

No conflict with existing team contract

Institution must disclose conflict term to athlete and athlete’s representation

No conflict with existing team contract

Institution must disclose conflict term to athlete and athlete’s representation

No conflict with existing team contract

Institution must disclose conflict term to athlete and athlete’s representation

No conflict with existing team contract when engaged in official team activities

Institution must disclose conflict term to athlete and athlete’s representation

No conflict with existing team contract or requirement endorsement display when engaged in official team activities (does not apply when not engaged in official team activities)

Inducement Limitations

Institutions may not arrange/secure endorsement opportunities for athletes

Institutions may not involved in the development, operation or promotion of a student-athlete’s business activity, unless the activity is developed as part of a student’s coursework or academic program.

Institution cannot compensate or cause compensation to be directed at an athlete or prospective athlete

None

No direct compensation

Institution or entities that support institution cannot compensate or cause compensation to be directed at an athlete or prospective athlete

None

Limits on Use of Institutional IP/Marks

Not Permitted

None, but appropriate rights/permissions would apply

None, but appropriate rights/permissions would apply

None, but appropriate rights/permissions would apply

None, but appropriate rights/permissions would apply

None, but appropriate rights/permissions would apply

Disclosure Requirements

Institutions required to disclose prohibited activities at the time athlete admitted/signs aid agreement

Athletes required to disclose NIL arrangements (including compensation, other relationship details)

Athletes must disclose NIL-related agreements to institution

Athletes must disclose NIL-related agreements to institution

Athletes must disclose NIL-related agreements to institution within 72 hours or before next scheduled athletics contest

Athletes must disclose NIL-related agreements to institution

Athletes must disclose NIL-related agreements to institution

Institution may not disclose any trade secret or otherwise confidential information from NIL-related agreement

Agency / Representation Requirements

Permit use professional advice and marketing assistance regarding name, image and likeness activities, as well as professional representation in contract negotiations related to name, image and likeness activities, with some restrictions.

Permissible with valid license (attorneys must be members of FL bar)

Permissible

Permissible with valid license and compliance with SPARTA

Permissible with valid license (attorneys must be members of NJ bar) and compliance with SPARTA

Permissible, however any agreements of this nature must specify the amount and method of calculating consideration paid for such services, the names of individuals compensated under the terms of the agreement, a description of expenses reimbursed by the athlete; a description of the services provided to the athlete, the duration of the agreement, the date of execution, along with specified boldfaced language

Other Items of Note

Third-party administrator will (likely) assist with oversight of the disclosure process; monitoring and reporting name, image and likeness activities; and educating key stakeholders, including student-athletes, prospective student-athletes, boosters and professional service providers.

Applies to all post-secondary institutions

Institutions required to conduct financial literacy and life skills training (5 hour minimum) at the beginning of athlete’s 1st and 3rd academic years

Duration of agreement must be restricted to intercollegiate eligibility timeframe

Applies to all four-year private universities in CA, public institutions in UC system who average 10m+ in annual revenue, and all applicable governing bodies

Applies to all postsecondary institutions

Applies only to four-year institutions

Institutional team contract with allow the institution, athletic association, conference, or other governing body the right to use the athlete’s name, image, or likeness for advertising/marketing purposes without additional compensation paid to the athlete.

Permits athletes and institutions to bring legal action for violations of legislation

Institutions may apply act’s regulations prior to 7/1/2023, but risk violations of NCAA legislation

Last modified: November 9, 2020