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," "institution," and "compensation," 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 student-athletes cannot earn compensation from certain prohibited categories, including alcohol, adult entertainment, and gambling.

Additionally, the bill provides a framework for causes of action, allowing student-athletes to seek injunctive relief if they are aggrieved by actions that violate the provisions of the article. It also protects institutions and their employees from liability for damages related to student-athletes' ability to earn compensation, while allowing institutions to recover damages if they face adverse actions from athletic organizations for engaging in permitted activities. Overall, the legislation aims to empower student-athletes in West Virginia by clarifying their rights and the conditions under which they can monetize their NIL.

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