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 or take adverse actions against student-athletes or institutions for engaging in NIL activities. Furthermore, it specifies that institutions cannot use state-appropriated funds for compensating student-athletes in this context.

Additionally, the bill outlines restrictions on the types of endorsements student-athletes can pursue, prohibiting compensation 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 damages related to decisions made in the course of intercollegiate athletics. Overall, the legislation aims to empower student-athletes while establishing clear guidelines and protections for both them and the institutions they represent.

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