The Drake Group issued a May 15, 2021 update of its state-by-state NIL legislation database. Since California’s signing of the Fair Pay to Play Act September 30, 2019 (effective January 1, 2023), many more states have raced to follow suit proposing and passing similar legislation to give college athletes the ability to profit from their name, image, and likeness (NIL) and sign with agents. “The challenges of the COVID 19 pandemic caused almost all state legislatures to conduct abbreviated sessions in 2020 and many proposed 2020 NIL bills failed to pass. A total of 15 states have passed bills into law (Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Michigan, Mississippi, Montana, Nebraska, New Jersey, New Mexico, South Carolina, Tennessee). An additional 17 states have introduced 2021 bills, some states with multiple bills pending. The trend among the states reveals that not only are many more states introducing bills that are swiftly moving through committee, but also indicate a willingness among states to enact earlier effective dates. Many of the bills’ provisions indicate a willingness to provide additional benefits and funds seemingly to achieve a competitive recruiting advantage whereby states are saying to athletes: ‘come here and you can have NIL rights now’ in addition to other benefits. Much of the legislation is more favorable and less restrictive to athletes.” Click here for an executive summary and full copy of the database.
Status of State Legislation Giving College Athletes the Right to Monetize Their Name, Image, and Likeness
