The proposed bill aims to amend the Code of West Virginia by introducing a new article focused on the use of student-athletes' name, image, or 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 enter into agreements that allow for the compensation of student-athletes for the use of their NIL. The bill also establishes limitations on the ability of athletic associations and conferences to regulate these agreements, ensuring that student-athletes are not penalized or declared ineligible for engaging in NIL activities.

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. Furthermore, it protects institutions and their employees from liability for decisions made in the course of intercollegiate athletics, while also allowing them to seek damages if they face adverse actions from athletic organizations due to compliance with the new NIL provisions.

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