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Senator Marco Rubio Introducing Federal Bill That Would Require NCAA to Allow College Athlete Name, Image, and Likeness Compensation

Senator Marco Rubio Introducing Federal Bill That Would Require NCAA to Allow College Athlete Name, Image, and Likeness Compensation

Senator Marco Rubio Introducing Federal Bill That Would Require NCAA to Allow College Athlete Name, Image, and Likeness Compensation

Senator Marco Rubio (R-FL) announced today that he will be introducing a federal bill that would require the NCAA to create bylaws that allow college athletes to be compensated for the use of their names, images, and likenesses (NILs).  The bill would also require that the NCAA allow college athletes to hire attorneys and agents to represent them in the negotiation of NIL deals.

Under the bill, any bylaws that the NCAA adopts must include rules that are deemed necessary to: (1) preserve the amateur status of college athletes; (2) ensure appropriate recruitment of prospective college athletes; and (3) prevent illegitimate activity with respect to boosters seeking to recruit or retain college athletes.

The bill also includes an exclusive enforcement provision which says that no lawsuits can be filed against the NCAA or any member school for a violation of the bill.  The Federal Trade Commission is given the sole ability to enforce the law.  Further, the bill would give the NCAA a limited antitrust exemption which would prevent the antitrust laws from applying to the NIL bylaws the NCAA ultimately enacts.  Taken together, these provisions would eliminate the possibility of future lawsuits by current and former student-athletes, such as the recently filed House v. NCAA case, alleging that the NCAA’s NIL bylaws violate antitrust laws or that the NCAA is not complying with the bill.

Finally, the bill also includes a clause which would result in the preemption of all state level NIL laws.  As a result, if the bill passes, NIL laws such as the ones recently enacted in California, Colorado and Florida would be nullified.  Rubio’s bill requires that the NCAA adopt its NIL bylaws by June 30, 2021, one day before Florida’s NIL law goes into effect.

More About Kennyhertz Perry’s Collegiate Sports Practice Group

The need for an attorney experienced in collegiate athletics has never been higher.  From assistance with compliance, eligibility, scholarship, and transfer issues, to advice and representation relating to the newly emerging name, image, and likeness laws and legislation, universities, conferences, coaches, and college athletes often need an attorney to advocate on their behalf and to assist and advise on these types of issues.

The team at Kennyhertz Perry is uniquely suited to guide universities and 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, and the NCAA.

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 and compliance concerns prevalent in college athletics today.  To learn more about the firm, visit kennyhertzperry.com.

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