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Youngkin signs bill that gives Virginia colleges unprecedented authority to manage NIL deals for athletes

"What this bill does very importantly is continue what has been a rapid evolution of the name image and likeness legislation in the Commonwealth of Virginia," Gov. Glenn Youngkin, shown in a file photo, said Thursday.
“What this bill does very importantly is continue what has been a rapid evolution of the name image and likeness legislation in the Commonwealth of Virginia,” Gov. Glenn Youngkin, shown in a file photo, said Thursday.
Staff mug of Jami Frankenberry. As seen Thursday, March 2, 2023.
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As Gov. Glenn Youngkin prepared to sign an unprecedented name, image and likeness bill Thursday in Richmond, he harkened to his playing days.

“I want to be very clear that had the NIL rules been in place when I was in college, I would not have had an NIL deal,” joked Youngkin, who averaged just 1.4 points game in four years as a basketball player at Rice University.

Youngkin signed into law a bill that grants Virginia colleges unprecedented freedom to administer name, image and likeness benefits to athletes.

House Bill 1505, boasting wide-ranging support from administrators, permits state colleges and universities to create and negotiate NIL deals — and pay athletes — without NCAA restrictions. The measure is believed to be the first of its kind.

“What an exciting moment,” Youngkin said, “to actually take this very important next step and making Virginia the most competitive place, to not just to participate in college athletics, but also the most competitive place for our universities to really take care of our athletes and drive them to the next level.”

The bill’s sponsor, Del. Terry Austin, R-Botetourt, joined Youngkin and coaches and administrators from across the state for the ceremonial signing. Among those in attendance were football coaches Tony Elliott (Virginia), Brent Pry (Virginia Tech) and Dawson Odums (Norfolk State); and Sen. Aaron Rouse, D-Virginia Beach.

Rouse was a star athlete at First Colonial High and played football at Virginia Tech before embarking on an NFL career.

“This legislation protects athletes and permits Virginia’s institutions and collectives to create and negotiate NIL opportunities,” Rouse wrote on X. “I’m proud to (have) worked with Delegate Austin to move this ball forward & thank Gov. Youngkin for signing it into law.”

College athletes have cashed in since the NCAA enacted its NIL rules in 2021. Among a few examples across the state: Old Dominion football players have been paid to sign autographs, and UVA basketball players have inked endorsement deals with a store that sells arch supports.

Those and other NIL deals have been directed by a third party.

“This is saying that the institutions can get involved in all of that,” ODU athletic director Wood Selig told The Virginian-Pilot on Thursday. “It’s giving us permission to do all that.”

Added Christopher Newport University AD Kyle McMullin: “The NIL law will give us new flexibility in the future to support our students, but our immediate priority is to direct all available resources to funding the day-to-day commitment to excellence in competition and in the classroom.”

The law takes effect July 1. Among the bill’s provisions: Student fees are not permitted to be used in paying athletes for NIL.

“I am thrilled about the groundbreaking and progressive NIL legislation signed by Governor Youngkin this morning,” NSU athletic director Melody Webb said in a statement. “This legislation not only protects in-state schools and their student-athletes but also paves the way for positive change in collegiate athletics.”

Most colleges — including ODU, NSU, Hampton University and William & Mary — have started collectives to help negotiate NIL deals, and those are expected to stay relevant.

“We’ll continue to work with our collective, which is the Pride of ODU,” Selig said. “We’ll continue to work with our 757 Club, which is membership-based with membership benefits. So we’re going to continue to do business as we have for the last year or so, and then we have to talk to our peer institutions, our fellow institutions in the commonwealth, and kind of get a sense for, where are the advantages?

“Where are there potential pitfalls in this opportunity, and what works best for ODU? What works best for ODU may not be what works best for UVA, or vice versa.”

UVA athletic director Carla Williams echoed those sentiments at virginiasports.com, saying the legislation gives colleges “much-needed flexibility, but we haven’t made any (final) decisions about which provisions within the law we’ll actually activate.”

“We’ll continue to support Cav Futures,” Williams added, referring to the school’s NIL collective, “we’ll continue to discuss our options internally, we’ll monitor the environment, we’ll talk with our coaches, our student-athletes, and we’ll make a decision that’s best for UVA.”

Virginia Tech athletic director Whit Babcock said in a release the school was thankful for Youngkin and the state legislature’s “proactive work in the NIL space.”

“Not only does this position us more competitively among other states during this critical time,” Babcock said, “but it also allows for more school involvement as we continue to enhance our recruiting and retention efforts to bring the most talented student-athletes to Virginia Tech.”

William & Mary athletic director Brian Mann said Thursday the school “is still in the process of thoroughly evaluating how this new legislation impacts our programs. We understand the importance of NIL and are committed to continue to find ways to support our student-athletes and coaches in this space.”

Staff writers David Hall and Marty O’Brien contributed to this story.

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