The bill amends the Code of West Virginia by introducing a new article focused on the rights of student-athletes regarding their name, image, and likeness (NIL) in intercollegiate athletics. It defines key terms such as "student-athlete," "compensation," and "institution," and grants institutions of higher education the authority to facilitate agreements for compensating student-athletes for the use of their NIL. The bill also establishes limitations on the ability of athletic associations and conferences to penalize student-athletes or institutions for engaging in NIL activities, ensuring that student-athletes can earn compensation without jeopardizing their eligibility or scholarships.
Additionally, the bill outlines specific restrictions on the types of compensation student-athletes can receive, prohibiting earnings related to alcohol, adult entertainment, controlled substances, and gambling, among others. It provides a framework for causes of action, allowing student-athletes to seek injunctive relief if they believe their rights under this article have been violated. However, it also protects institutions and their agents from liability for decisions made in the course of intercollegiate athletics, ensuring that they are not penalized for supporting student-athletes in their NIL endeavors.
Statutes affected: Introduced Version: 18B-22-1, 18B-22-2, 18B-22-3, 18B-22-4, 18B-22-5, 18B-22-6
Committee Substitute: 18B-22-1, 18B-22-2, 18B-22-3, 18B-22-4, 18B-22-5
Engrossed Committee Substitute: 18B-22-1, 18B-22-2, 18B-22-3, 18B-22-4, 18B-22-5
Enrolled Committee Substitute: 18B-22-1, 18B-22-2, 18B-22-3, 18B-22-4, 18B-22-5