The proposed bill aims to establish a new framework in West Virginia law regarding the rights and regulations surrounding the name, image, and likeness (NIL) of student-athletes participating in intercollegiate athletics. It introduces a new article, designated as 18B-22, which defines key terms such as "student-athlete," "compensation," and "institution," and grants institutions of higher education the authority to facilitate agreements for student-athletes to earn compensation for their NIL. The bill also limits the ability of athletic associations and conferences to penalize or take adverse actions against student-athletes or institutions for engaging in NIL activities, ensuring that student-athletes can benefit from their personal brand without fear of losing their eligibility or scholarships.
Additionally, the bill outlines specific limitations on the types of compensation student-athletes can receive, prohibiting earnings from associations with alcohol, adult entertainment, controlled substances, and gambling, among others. It clarifies that engaging in NIL opportunities does not classify student-athletes as employees of their institutions and provides a legal avenue for student-athletes to seek injunctive relief if they believe their rights have been violated. Overall, the legislation seeks to empower student-athletes while maintaining certain restrictions to uphold the integrity of intercollegiate athletics.
Statutes affected: Introduced Version: 18B-22-1, 18B-22-2, 18B-22-3, 18B-22-4, 18B-22-5, 18B-22-6