But Something Is Missing

Conspicuously absent in almost all of these plans? Any punishments or enforcement mechanisms.

Let’s say, for example, that a college athlete in the state of Illinois decides to violate SB2338, and signs a deal to promote a local sportsbook. What happens? 

The bill is silent on which state agency is supposed to enforce the law, and also doesn’t specify what happens if somebody breaks it. Is the Illinois attorney general obligated to take action? Does it only matter if somebody sues? 

This is true for a variety of school-specific regulations as well. Of the regulations I’ve read, only Minnesota spells out any potential penalties or enforcement. Via their policy:

A violation of this policy will be considered a violation of the University of Minnesota Student-Athlete Code of Conduct. Student-athletes found responsible for policy violations may be subject to consequences … including but not limited to: a warning, suspension from team activities, dismissal from the team, reduction or withdrawal of athletically related financial aid, suspension of University student status, and dismissal from the University.

The key takeaway here, for me, is that state agencies should not be expected to take a lead role in enforcing any NIL regulations. 

The NCAA won’t enforce any NIL regulations or policies. Absent federal legislation, the only entity that will really be policing any of this will be the schools themselves.