Collegiate student-athletes in Kentucky will be able to profit from the use of their name, image and likeness (NIL) starting July 1, keeping the Commonwealth in competitive balance with other states in terms of recruiting.
Gov. Andy Beshear signed an executive order Thursday to ensure Kentucky isn’t at a disadvantage when NIL laws go into effect in a handful of other states.
“Today’s step was done in cooperation with all of our public universities as well as leadership of both parties,” Beshear said. “This action ensures we are not at a competitive disadvantage in recruiting, and also that our student-athletes have the same rights and opportunities as those in other states. For any individual athlete, their name, image and likeness are their own and no one else’s.”
On Monday, the U.S. Supreme Court ruled against the NCAA in a significant case that challenged the association’s ability to have national limits on benefits for athletes that are related to education, but more broadly the case has raised questions about the NCAA’s ability to limit benefits at all.
Some states have enacted NIL laws that will take effect July 1, 2021. While the NCAA has asked Congress to pass a federal NIL law, that won’t happen prior to when those states’ laws go into effect.
Many states without such legislation could be left facing a competitive disadvantage when those go into effect.
Beshear’s order was met with bipartisan support.
“This has long been an issue of fairness for student-athletes, but last week’s Supreme Court ruling also places our universities at a competitive disadvantage as other states move forward,” House Speaker David Osborne said. “These temporary steps address the immediate need, while we continue working with universities and other stakeholders to craft comprehensive legislation for the 2022 regular session.”
Kentucky colleges and universities have been directed to provide education and other resources to assist students with financial literacy, time management, and social media and brand management. Additionally, colleges and universities will retain the flexibility to reasonably limit the time, dates and associations from which the student-athlete may earn compensation.
University of Kentucky Athletics Director Mitch Barnhart said the executive order provides them the flexibility needed to further develop policies around name, image and likeness.
“We are appreciative of that support as it is a bridge until such time as state and/or federal laws are enacted,” Barnhart said. “The landscape of college sports is now in the midst of dramatic and historic change — perhaps the biggest set of shifts and changes since scholarships were first awarded decades ago.”
University of Louisville Vice President for Intercollegiate Athletics Vince Tyra was also grateful for the executive order.
“Bringing the state of Kentucky into competitive balance with other states across the country and, more specifically, the Atlantic Coast Conference is critical,” Tyra said. “The collaboration with legislative leadership in Frankfort is welcome and needed in leveling the playing field for our institutions and, more important, for our student-athletes.”
