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NIL Legislation With a Chance

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Jul 25, 2022
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Subpoena power:
Act establishes the College Athletics Corporation to serve as an NIL clearinghouse in charge of administering the bill, creating specific policy and regulating and certifying NIL agents. The CAC will have a 15-member board of directors, one-third of which must be current athletes or those who played in the previous 10 years. The CAC will have subpoena power.

Summary:
- permits schools to restrict an athlete from entering a deal that is contrary to the school’s code of conduct for moral reasons.

- prohibits compensation to be used for inducements with recruits and retention of current players.

- prohibits schools from representing athletes in NIL ventures or influencing an athlete’s choice of a representative.

- allows schools to prohibit athletes from engaging in NIL ventures that are concurrent with college athletic events or competition.

Athletes must report their NIL contracts to school within seven days of entering them, and recruits must disclose all current and expired NIL contracts to schools before enrollment. NIL contracts will not be subject to open-records laws at the federal and state level, according to the Act. However, the legislation does require schools to submit an annual report of their NIL deals — average and total value of NIL contracts — that will be used for a national public database.


Draft Change:
In a non-NIL provision, the Act permits underclassmen to enter a professional draft and then retain their eligibility if they (1) return to school within seven days of the draft ending and (2) don’t receive compensation from a sports league, team or agent.


Medical Fund:
As for medical care, the Act requires schools making $20 million in athletic revenue to cover athlete medical expenses for at least two years after their final competition. Schools making at least $50 million will have to cover expenses for a four-year period following play. A medical trust fund will cover long-term injuries not covered by schools. Schools making at least $50 million in revenue must contribute annually to the fund.
 
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