Colorado and New Jersey Move Closer to Enacting College Athlete Name, Image, and Likeness Laws
California’s status as the only state to pass and enact a college athlete name, image, and likeness (NIL) bill may soon be changing.
Colorado is now one step away from becoming the second state to enact a law that would permit college athletes to be paid for the use of their NILs. On Wednesday, the state’s House of Representatives voted 55-9 in favor of the state’s pending college athlete NIL bill. The bill was already unanimously approved by the state Senate on February 12 and now only needs Governor Jared Polis’ signature to become law. If signed into law by the Governor, the law would go into effect on January 1, 2023.
Although Colorado is set to join California in enacting its bill, the practical effect of passage of the Colorado bill is in question. The bill contains seemingly conflicting language regarding the ability of an athletic association, such as the NCAA, to limit a college athlete’s ability to monetize his or her NIL.
In New Jersey, a bill that had already been passed by the state Senate was approved Thursday by the state Assembly’s Higher Education Committee on a 4-2 vote. In addition to allowing college athletes to be paid for the use of their NILs, the New Jersey bill prohibits New Jersey colleges from remaining a member of an athletic association or conference that prohibits college athletes from being able to monetize their NILs. New Jersey’s bill would go into effect the fifth academic year following enactment.
More About Kennyhertz Perry’s Collegiate Sports Practice Group
A college athlete’s need for an experienced attorney has never been higher. From assistance with eligibility, scholarship, and transfer issues, to advice and representation relating to the newly emerging name, image, and likeness laws and legislation, college athletes often need an attorney to advocate on their behalf and to assist and advise on these types of issues during an important time in their life.
The team at Kennyhertz Perry is uniquely suited to guide college athletes through all of these types of issues with respect to the multitude of rules and laws set forth by the National Collegiate Athletic Association (NCAA), National Junior College Athletic Association (NJCAA), National Association of Intercollegiate Athletics (NAIA), and the National Federation of High School Athletic Associations (NFHSAA).
The attorneys at Kennyhertz Perry all have years of experience advocating for clients in high stakes matters and advising them on related issues. In addition, and most importantly, attorney Mit Winter is a former Division I scholarship basketball player with extensive experience working on collegiate athletics legal matters. Mit has first-hand experience in understanding the pressures and demands faced by college athletes both on and off the field, and has represented a number of sports-related clients in his practice, including the Big 12 Conference, Conference USA, the NCAA, and the NFL.
Mit is widely regarded as an expert in collegiate sports law and frequently writes on these legal issues. He is also the founder and chairman of the Kansas City Metropolitan Bar Association’s Sports and Entertainment Law Committee and serves as a Regional Captain in the states of Kansas and Missouri for the Sports Lawyers Association’s (“SLA”) Outreach Committee.
Kennyhertz Perry’s college sports practice provides representation to those who are seeking an attorney with expertise to advise them on the myriad legal concerns prevalent in college athletics today. To learn more about the firm, visit kennyhertzperry.com.
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