• Loading stock data...
Monday, October 27, 2025
Want a chance to win $250 and free FOS gear? Take our quick reader survey. Take the survey here

State Legislatures Are In Attack Mode Against the NCAA’s NIL Rules

  • New NIL bills and laws hamstring the NCAA’s ability to enforce core NIL rules.
  • The latest bill passed on Thursday in New York is awaiting Gov. Kathy Hochul’s signature.
Mar 8, 2023; New York, NY, USA; St. John's Red Storm guard AJ Storr (2) shoots in the first half at Madison Square Garden.
Robert Deutsch-USA TODAY Sports

For the past two years, states have been crafting various name, image, and likeness laws that would give their states a competitive edge in the NIL landscape.

But there’s something different about the latest batch of bills and amendments: They’re making it illegal for the NCAA to enforce some of its own NIL rules. 

Pete Bevacqua and Jack Swarbrick

Ready For Their Closeup: Colleges Turning To Sports TV Executives

Notre Dame is the latest school to poach from television.
June 9, 2023

The main regulation legislatures are attacking is one published in 2022 NCAA documents, which says athletic department employees can’t organize or “facilitate” specific deals for athletes. If the NCAA tries to punish schools for their involvement in deals, it could be subject to litigation.

  • In May, the Oklahoma legislature passed a new NIL law prohibiting the NCAA from punishing schools for flouting certain NIL rules.
  • Yesterday, lawmakers in New York passed a similar bill that awaits Gov. Kathy Hochul’s signature. 
  • Multiple other states have bills in various stages of the legislative process, including Colorado, Missouri, Texas, and Arkansas.

The New York bill includes almost word-for-word language, the same as the Oklahoma law. “NCAA shall not prevent a college from … identifying, facilitating, enabling, or supporting opportunities for a student-athlete to earn compensation for the student-athlete name, image, and likeness.” Conferences are also prohibited from punishing schools for taking these actions. 

All schools have to abide by the law that is most superior: national law is most powerful, then state law, then private association rules. There’s no federal NIL law, so states now have power over the NCAA. 

“Regardless of what might happen with the NIL Summit in Congress or what the NCAA might do, right now your state law gives you that clear runway — which New York has never had before,” sports attorney Dan Lust, who represents NIL collectives and schools in New York, told Front Office Sports.

St. John’s provides an interesting case study for the ever-changing NIL landscape. 

In the fall of 2021, the athletic department organized an opportunity for every Red Storm athlete to sign a NIL deal with a company called FitBiomics (founded by a Red Storm alum). The deal was completely kosher at the time, as no New York State law prevented a school from facilitating a NIL deal. 

Once state legislatures realized their schools could get a leg up in NIL by being more involved in the process, they started amending or repealing their own NIL laws that prohibited school involvement.

But in 2022, the NCAA published “clarifications” to its NIL regulations, stating that schools cannot “engage in negotiations on behalf of an NIL entity or a student-athlete to secure specific NIL opportunities.” Under this policy, the NCAA could punish St. John’s for its TK deal, even though it was technically legal in New York State.

But as soon as Hochul signs the latest bill into law, St. John’s may resume organizing deals for its athletes. It’s not just legal in New York state to do so — the state authorities will attack the NCAA if the NCAA tries to sanction St. John’s for doing so. 

It’s this particular brand of control that the NCAA is hoping to regain by pestering Congress to pass a federal law. 

This week, Capitol Hill was overrun by the who’s who of college sports, from NCAA President Charlie Baker and SEC Commissioner Greg Sankey to countless athletic department officials, university presidents, and NIL collectives — all advocating for their own interest. Conveniently, Arizona State held a college sports summit in D.C. to explore the future of NIL and the industry at large.

But despite multiple bills circulating on both sides of the aisle, there’s no end in sight. For now, the states still have all the power.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

LSU Ends Brian Kelly Era, $53M Buyout Negotiations Underway

The Tigers fell to 5–3 after losing to Texas A&M.

CFB Revenue Era’s New Powers: Indiana, Georgia Tech, and Vandy

Indiana is the most notable, having ascended to No. 2.

Sarkisian, Kiffin Address Rumors As Coaching Carousel Spins Again

Reports are rampant about the coaches taking new jobs.
Ohio State Buckeyes running back Isaiah West (32) runs the ball in the second half at Camp Randall Stadium on Saturday, Oct. 18, 2025 in Madison, Wisconsin

NIL Has Birthed a Third-Party Cottage Industry—and It’s a Mess

There’s no limit to how much players can make from NIL deals.

Featured Today

September 21, 2025; Santa Clara, California, USA; NFL commissioner Roger Goodell before the game between the San Francisco 49ers and the Arizona Cardinals at Levi's Stadium

NFL Fall Meeting: 7 Big Topics Among Team Owners 

Media, facilities, and labor highlight some of the key areas of concern.
Christie's
October 21, 2025

Lou Gehrig’s $4M Jersey and the Exploding Sports Memorabilia Market

An ultra-rare sports collection is about to hit the auction block.
@chef__tezz/Instagram
October 19, 2025

Inside the NFL’s Private Chef Network

Private chefs are the unsung architects of player performance.
October 18, 2025

How Vanderbilt Went From SEC Doormat to Dark Horse CFP Candidate

After beating LSU, Clark Lea said: “Internally, we expect to win.”
Oct 11, 2025; Tallahassee, Florida, USA; Florida State Seminoles head coach Mike Norvell after losing the game to the Pittsburgh Panthers at Doak S. Campbell Stadium.
October 23, 2025

CFB’s Chaotic (and Pricey) Coaching Carousel Only Getting Started

Firings have already accounted for roughly $116 million.
Vanderbilt quarterback Diego Pavia (2) celebrates following the game between Vanderbilt University and Louisiana State University at FirstBank Stadium in Nashville, Tenn., Saturday, Oct. 18, 2025
exclusive
October 24, 2025

Diego Pavia Is Trying to Kill NCAA JUCO Eligibility Rules for Good

Vandy’s QB is amending his own lawsuit to encompass all NCAA athletes.
Sponsored

How HOKA is Reimagining the NIL Relationship

Fans can now follow their favorite golfers and experience every marquee moment at the Ryder Cup — thanks to innovation from T-Mobile.
Jun 10, 2025; Eugene, OR, USA; A NCAA logo flag at the NCAA Track and Field Championships at Hayward Field.
October 23, 2025

College Athletes Can Bet on Pro Sports Starting in November

An NBA player and coach were charged Thursday in a sports betting investigation.
Tony Vitello
October 22, 2025

Tony Vitello’s Stunning MLB Jump Comes With $3M Tennessee Buyout

Vitello heads to San Francisco after winning a national championship in 2024.
Texas Tech tortillas
October 22, 2025

Texas Tech Is Attempting a Tortilla Crackdown 

Rebellious students are known to smuggle the tortillas in their underwear.
Tom Izzo
October 22, 2025

Tom Izzo Rips ‘Ridiculous’ NCAA Move Allowing Former G Leaguers

Michigan State didn’t know an eligibility change had been made, he said.