The California State Senate has unanimously passed the amendments to Senate Bill 206 in a concurrence vote making California the first state to allow college student-athletes to market and profit from their name, image and likeness without affecting their student-athlete status. The bill will now be placed before Governor Newsom for his consideration. The Governor will have thirty (30) days to either the sign the bill and make it law, to veto the bill, or to ignore the bill and allow it to become law by his lack of action.

Prior to the Senate vote, the NCAA anticipated the potential for the Senate approval of the legislation in the concurrence vote and forwarded a letter directly to Governor Newsom. The NCAA publicly released the letter that urged him to veto the bill. Specifically,

the letter from the Board of Governors reminded the Governor that nearly half a million student-athletes in more than 1100 schools in all 50 states compete under the same rules.

The NCAA asserted that this bill would “remove that essential element of fairness and equal treatment that forms the bedrock of college sports.” The letter ended with a specific directive to the Governor urging him to reconsider this “harmful” and what they believe to be “unconstitutional” bill.

Current NCAA bylaws state that any student-athletes who accept money or benefits from outside sources are in violation of NCAA amateurism rules. As a result, any student-athletes who would benefit from the California legislation would be subject to NCAA Bylaws that could result in the loss of their personal eligibility as well as the loss of their school’s team ability to compete for the NCAA Championship.

Whatever decision Governor Newsom makes, the bill primary sponsor, State Senator Nancy Skinner has consistently maintained that

the 2023 effective date for the legislation was created for the purpose of giving the NCAA and their other member schools adequate time to adjust to the California law

and either update or amend their current bylaws to address the ability of student-athletes to benefit from the use of their name, image and likeness.

Jackson Lewis’ Collegiate and Professional Sports Practice Group will continue to monitor this proposed legislation as Governor Newsom considers his options and decides if he will make this controversial legislation into law. Please feel free to reach out to any member of the Collegiate and Professional Sports Practice Group with questions.

 

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.