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Illinois becomes the latest state to enact NIL laws




For many years now, NCAA fans, players, and even coaches have been trying to get legislation enacted that would allow student-athletes to be paid for using their Name, Image, or Likeness(NIL). Players over the years have been prohibited from profiting from the use of their image or likeness on promotional items or being allowed to collect money for their autographs. Since no federal legislation has been forthcoming, states have gone to enacting their own legislation.


At the heart of the issue are these main points.


*Schools, Conferences, and Associations cannot limit a student-athletes ability to be compensated for their NIL

*Student-athletes can receive professional representation if they are a registered agent in the state

*Participation in NIL-related activities shall not impact a student-athlete athletic or scholarship eligibility

NIL agreements cannot conflict with existing team contracts

*Schools, Conferences, and Associations cannot compensate a student-athlete for their NIL

*Schools may restrict student-athletes from participating in vice industries


This is something that has been two years in the making. Below is a timeline of events.

On September 30, 2019, California passed legislation prohibiting schools from punishing athletes who accept money for promotional endorsement while in college.

October 29, 2020, the NCAA Board of governors unanimously agree to modernize Name, Image, and Likeness rules. A directive was sent to All three divisions to develop a set of rules by January of 2021.

April 29, 2020, the NCAA lays suggestions for division 1. The Division one council proposed in November 2020.

June 2, 2020, Florida passes Its version of a NIL law to be effective July 1, 2021

July 22, 2020, NCAA President Mark Emmert again asks For federal legislation for NIL laws. The US Senate said the NCAA focus was too narrow.

August 2, 2020, A group of players from the PAC-Ten threatened a boycott.

Sept 22, 2020, Federal legislation was introduced Reps. Anthony Gonzalez, R-Ohio, and Emanuel Cleaver, D-Mo.

Dec. 10, 2020: Sen. Roger Wicker, R-Miss., introduces federal legislation allowing some NIL deals. Along with that, an anti-trust exemption was made to protect the NCAA from lawsuits.

Dec. 16, 2020: The supreme court agrees to hear the NCAA's appeal of a federal judge's ruling in the Alston v. NCAA antitrust lawsuit. The Supreme Court's decision, in this case, was not actually about NIL. But could impact how much control the NCAA has in defining amateurism in the future.

Dec. 17, 2020: Sens. Cory Booker, D-N.J., and Richard Blumenthal, D-Conn., introduced legislation calling for an overhaul of the NCAA rules that would be "wide-reaching" in its scope.

Jan. 11, 2021: The NCAA's Division 1 Council decides to delay the vote indefinitely after the DoJ stepped in, saying a change of the NCAA rules could be considered an Anti-Trust violation.

Feb. 4, 2021: Sen. Chris Murphy, D-Conn., and Rep. Lori Trahan, D-Mass., introduce federal legislation to create a free market for college athlete endorsement deals.

March 31, 2021: Opening arguments began in US Supreme Court, Alston v. NCAA antitrust lawsuit

April 1, 2021: NCAA president Mark Emmert met with three men's basketball players trying to raise awareness of what was deemed unfair treatment of college athletes. The players asked the NCAA to adopt a temporary waiver that would allow all athletes to make money from endorsement deals next school year while more permanent decisions take shape.

June 18, 2021: Six conference heads (including the ACC, SEC, and Pac-12 leaders) propose a plan to make individual schools responsible for creating their own NIL policies. The new proposal surfaced after a pair of Senate hearings in June made it clear that a federal law was not imminent.


As I stated above, many states have already passed NIL laws, many taking effects July 1, 2021

So far, 23 states in all, with eight more states working on similar measures.

Of the 23 that have passed take effect on July 1, 2021

Here is a list of states with NIL laws

States with laws in place

Alabama -- Passed: April 2021. Goes into effect: July 1, 2021.

Arizona -- Passed: March 2021. Goes into effect: July 23, 2021.

Arkansas - Passed: April 2021. It goes into effect: Jan. 1, 2022.

California -- Passed: September 2019. Goes into effect: Jan. 1, 2023.

Colorado -- Passed: March 2020. Goes into effect: Jan. 1, 2023.

Florida -- Passed: June 2020. Goes into effect: July 1, 2021.

Georgia -- Passed: May 2021. Goes into effect: July 1, 2021.

Illinois -- Passed: June 2021. Goes into effect: July 1, 2021.

Kentucky -- Passed: June 2021. Goes into effect: July 1, 2021.

Maryland -- Passed: May 2021. Goes into effect: July 1, 2023.

Michigan -- Passed: December 2020. It goes into effect: Dec. 31, 2022.

Mississippi -- Passed: April 2021. Goes into effect: July 1, 2021.

Montana -- Passed: April 2021. Goes into effect: June 1, 2023.

Nebraska -- Passed: July 2020. Goes into effect: No later than July 1, 2023 (schools can implement new policy at any time).

Nevada -- Passed: June 2021. It goes into effect: Jan. 1, 2022.

New Jersey -- Passed: September 2020. Goes into effect: September 2025.

New Mexico -- Passed: April 2021. Goes into effect: July 1, 2021.

Ohio -- Signed: June 2021. Goes into effect: July 1, 2021.

Oklahoma -- Passed: May 2021. It goes into effect: July 1, 2023 (schools can implement new policy at any time).

Oregon -- Passed: June 2021. Goes into effect: July 1, 2021.

South Carolina -- Passed: May 2021. Goes into effect: July 1, 2022.

Tennessee -- Passed: May 2021. Effective date: Jan. 1, 2022.

Texas -- Passed: June 2021. Effective date: July 1, 2021.


While it is still unknown When or IF the federal government will EVER get around to taking up this cause in earnest. Eight states are working through such legislation.

Connecticut (2021), Louisiana (2021), Massachusetts (2022), Missouri (2021), New York (2021), North Carolina (2024), Pennsylvania (2021), Rhode Island (2022).


Legislation of this type is a game-changer for student-athletes who want to attend college, but financially the NBA and other pro leagues entice top players to leave early. Many colleges and universities sell posters and other promotional items, making hundreds of millions of dollars using images or Likenesses of players. Essentially the players have zero right to object or be financially reimbursed for it. Imagine years ago all the Larry Bird, Magic Johnson, The Fab Five, Herschel Walker, Archie Griffin Jerseys, and posters that the universities and other commercial vendors sold.


Now yes, the college superstars will make their money in the NBA or the NFL. However, many athletes who try to ascend to the next level fail to get drafted. Some go to the developmental leagues. Some go to Europe or other overseas destinations to try to get to the NBA. The NFL has no developmental league, Although there are competing leagues like the XFL. Talk of a rebirth of the USFL is being heard. But it is still a gamble and only a stepping stone to where they want to be. What about those players? Those players who don't make the next level. Their likeness was used to promote the university. They have jerseys being sold in the college towns where they play. They are part of team posters that are sold. They get nothing and will never see the million-dollar contracts. This does not just affect the high target sports like football and basketball. All sports apply to those playing Golf, Women's volleyball, Gymnastics, Tennis, and all other sports. This is not legislation for the stars. It is legislation for the Student-Athlete.

This is still unfolding and growing, so stay tuned. More is coming.


Thanks for reading

twitter @BigD_GCS

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