Jersey Would Become One of the First States to Allow Collegiate Student-Athletes to Earn Compensation

Trenton – Legislation sponsored by Senator Joe Lagana, which would allow collegiate student-athletes to earn compensation for the use of their name, image or likeness, cleared the Senate Higher Education Committee. The legislation is also known as the “New Jersey Fair Play Act”.

“The restrictions currently placed on our student-athletes are fundamentally unfair. A lot of people, including many at the NCAA, earn large amounts of money off of the blood, sweat and tears of talented young New Jerseyans in this State and, frankly, across the country. As a former college athlete, I witnessed firsthand the sacrifice put in by so many of my peers and cannot overlook the inequality created when students that excel in other disciplines,” said Senator Lagana (D-Bergen/Passaic). “I firmly believe this is yet another example of the growing need to defend and expand workers’ rights in all areas. It’s time New Jersey joins California to become the second state in the country to allow our student-athletes to share in the financial benefit they help create on the court, field or diamond.”

The NCAA currently bars its student-athletes from receiving compensation based on the student’s name, image or likeness. However, the NCAA has begun early plans to allow student-athletes to profit from their name in some capacity.

The bill, S-971, an institution of higher education would be prohibited from preventing student-athletes from earning compensation in this manner. This prohibition would also include any student-athlete looking to obtain professional representation, including an agent or lawyer. Opportunities afforded to student-athletes under the bill would also be prohibited from affecting scholarship eligibility.

“As the NCAA develops a more coherent plan student-athletes can be compensated for their incredibly valuable work, we will continue to fight for the betterment of all college athletes,” continued Senator Lagana.

Under the bill, images or likeness of student-athletes would not be eligible for use in connection to adult entertainment, alcohol, gambling of any kind, tobacco and electronic smoking, pharmaceuticals, controlled dangerous substances or firearms.

California enacted similar legislation in September 2019, and similar legislation is being considered in Florida, New York, South Carolina, Minnesota, Pennsylvania and the United States Congress.

The bill was released from committee by a vote of 5-0.