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September 18, 2019
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NCAA asks California to deny Fair Pay to Play Act

NCAA asks California to deny Fair Pay to Play Act
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The NCAA on Wednesday said proposed legislation in California aimed at giving college athletes a chance to earn money while in school — known as the Fair Pay to Play Act — is harmful, unconstitutional and would “upend the balance” of national competition in college sports.

The organization’s board of governors sent a letter Wednesday to California Gov. Gavin Newsom, asking that the state not pass the bill.

California’s state senate is expected to vote on its Fair Pay to Play Act this week, which would then put it in Newsom’s hands to decide whether he will sign it into law.

The proposed legislation, which would not go into effect until 2023, would make it illegal for California schools to take away an athlete’s scholarship or eligibility as punishment for accepting endorsement money. The California State Assembly approved the bill with a 73-0 vote earlier this week.

The NCAA opposes the bill because it would make it illegal for California schools to follow the NCAA’s rules on a player’s ability to make money by selling the rights to his or her own name, image or likeness. The association is open to updating its rules to better fit the 21st century, according to NCAA Board of Governors Chair Michael Drake, but wants those changes to be made on a national scale rather than state by state.

Drake, who is also the president at Ohio State, told ESPN that the NCAA is “working actively to look at ways to modernize its approach to name, image and likeness restrictions.”

The board of governors assembled a group of university presidents, conference commissioners and athletic directors to examine possible changes earlier this year, shortly after state Sen. Nancy Skinner proposed the new law in California.

Drake said he’s eagerly awaiting the recommendations of that working group, which is expected to report back to the board at some point in October. Drake and his fellow board members concluded their letter to Gov. Newsom by asking California to be a “constructive partner in our efforts to develop a fair name, image and likeness approach for all 50 states.”

When asked if the NCAA’s current rules are fair, Drake said the rules need to evolve.

“Well, fair is an interesting word,” Drake told ESPN. “We need to look at [NIL rules] carefully. My understanding broadly of name, image and likeness and the implications of those restrictions has changed really over the last several years and continues to evolve. We need to make sure our rules and guidelines evolve forward. We’re not the association of the 20th century. We need to make sure we have 21st century rules.”

Los Angeles Lakers star LeBron James, who has tried to rally support for the bill in California by saying change is “waaaayy overdue,” again took to Twitter on Wednesday to challenge the NCAA to create a new national policy.

Skinner, the Berkeley-based politician who first introduced the Fair Pay to Play Act, said the NCAA has had decades to reconsider its name, image and likeness rules while a variety of lawsuits related to those guidelines played out in court. She said she believes the NCAA needs legislative pressure to be prompted to act and hopes that California’s bill will be the first step in forcing a national change in how college athletes are allowed to be compensated.

Several other states are considering similar laws. Congressman Mark Walker of North Carolina has proposed a change to federal tax code that could force the NCAA to change its position on name, image and likeness on a national scale.

Drake said a national change is much more desirable for the NCAA.

The board of governors’ letter said that California’s law — if nothing changes nationally before it goes into effect in 2023 — would result in California schools being barred from national NCAA competitions.

Drake said he fully expects some resolution would be reached on a national level before 2023, which would avoid a situation in which California schools would be outlawed from the NCAA.

“I think it will be regrettable if it weren’t the case,” Drake said.

Earlier in the conversation, he added: “Our rules and guidelines are meant to support us as a national organization. We allow students the great privilege of competing for national championships, and we believe that is the proper way to work toward progress is for the association to do this on a national basis.”

An update in August from the NCAA’s group examining this issue said any change the association makes would have to maintain a connection between compensation and the educational component of being a student-athlete. Drake said the board’s main focus in weighing a range of future options with name, image and likeness rights will be on making sure that the distinction between professional sports and college sports still exists.

“There would be places in that relationship where that might be blurred to the point of being a distraction.,” Drake said. “That’s what we would want: to make sure we had that distinction clear.”

California’s state senate could vote as early as Wednesday to move the bill to Gov. Newsom’s desk. Newsom has 30 days to make a decision on the bill once it reaches him.


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