FRANKFORT, Ky. — Joined by state lawmakers, university leaders, coaches and student athletes, Gov. Andy Beshear signed legislation on Wednesday that allows student athletes in Kentucky to receive fair compensation for the use of their name, image and likeness.
According to a news release on Wednesday, Gov. Beshear was the “first governor to sign an executive order immediately allowing students to receive such compensation after the U.S. Supreme Court ruled against the NCAA and its rules limiting educational benefits for college players as part of their scholarships” in June of last year after consulting with lawmakers and universities.
Senate Bill 6 codifies the Governor’s Executive Order 2021-418 in state law.
“Today we are once again showing some of that Team Kentucky spirit by working together—universities as well as leadership of both parties—to help our world-class student-athletes in Kentucky,” Gov. Beshear said Wednesday after signing legislation in the statehouse rotunda. “The Commonwealth of Kentucky will continue to recruit top athletes, and when student athletes choose to come here to win titles and enjoy our outstanding collegiate environment, they know they have the same rights and opportunities as those in other states. We all agree, for any athlete, their name, image and likeness is their own and no one else’s.”
Kentucky General Assembly members who sponsored the legislation voiced support for the governor’s actions.
Senate Minority Leader Morgan McGarvey, D-Louisville, expressed his support for compensating college athletes.
“If you want to sign an autograph and get paid for it, you can do it under this bill,” Sen. McGarvey said in the news release. “Or if an NCAA video game is going to feature you or your image on it, they would be permitted to give you some kind of royalty or payment for that.”
Sen. McGarvey filed numerous measures in previous legislative sessions relating to name, image and likeness and said he is thrilled to see it cross the finish line.
“We’re not looking to damage or hurt college athletics or compromise the amateur aspect of the game,” Sen. McGarvey said. “With Senate Bill 6, we can make sure that these players are being treated fairly and equitably for what they do.”
“As Coach Calipari said in his committee testimony, SB 6 is model legislation that other states or even the U.S. Congress should take an interest in,” said Sen. Max Wise, R-Campbellsville, who sponsored the bill. “SB 6 provides flexibility to allow our universities and our collegiate student athletes to take full advantage of their NIL.”
Many athletic coaches from the University of Kentucky and the University of Louisville applauded Gov. Beshear’s action.
“Our state legislature passed the NIL bill as a bipartisan bill in our state, and it was nearly unanimous, which shows just how important this is for our student athletes and our universities,” said University of Kentucky men’s basketball head coach John Calipari. “I think people are going to read this bill from around the country and use it as model legislation the same way they did our executive order. This is exactly what we needed, and I am so proud of our state and appreciative of our legislature, the governor and all of our leaders.”
“This is a huge win, not only for our student athletes at the University of Louisville, but for the student athletes at every university in the state of Kentucky. Our student athletes work extremely hard day in and day out, and this legislation now allows them to capitalize on opportunities from their name, image and likeness, which we fully support,” said University of Louisville women’s basketball head coach Jeff Walz. “Many student athletes also want to give back to the community, and this bill allows them to do even more of that. I’m thankful to Gov. Beshear, Sens. Max Wise and Morgan McGarvey and all of our leadership for understanding how important this legislation is and rightfully getting it passed.”
“The Commonwealth of Kentucky has shown again today that it will be a torchbearer in the name, image and likeness era, continuing the student athlete-first mindset that our program has been built on for years,” said Kyra Elzy, University of Kentucky women’s basketball head coach. “I want to thank our state legislature, the governor and the administration at UK for working together to make student-athletes a priority in the state of Kentucky. Today’s signing will have a historic impact on young women in this state today and for years to come.”
Student athletes like Rhyne Howard, a current University of Kentucky women’s basketball guard, 2022 SEC Tournament champion and most valuable player, also praised Gov. Beshear’s decision.
“I am so thankful to have decided to play collegiately in a state that has been on the forefront of making sure myself and other student athletes across the state can benefit in this name, image and likeness era,” she said. “Today’s legislation will have an impact on young girls for years to come. I appreciate our state legislature, the governor and administration at UK for working together to make an impact on so many.”
Last year, 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.
The NCAA Board of Governors has preliminarily approved changes to their eligibility rules that would allow such compensation, and the U.S. Congress has held hearings on creating a national standard for compensation. However, until that happens, Kentucky colleges and universities would have faced a competitive disadvantage without the Governor’s executive order and Senate Bill 6.
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.