OKLAHOMA CITY, Okla. (KFOR) – A big vote is headed to the Oklahoma State Senate floor modifying the state’s Student Athlete Name, Image and Likeness Rights Act.
State Senator Greg McCortney believes the current NIL law needs further clarifications. His proposal, Senate Bill 840, passed out of committee last week.
“It’s already legal to do name, image, likeness in the state of Oklahoma,” he said. “This is in many ways protecting the athletes, protecting the schools, and making sure that we do this right and that everybody benefits, and it’s done in a controlled manner.”
The bill makes it clear that students are not school employees, and schools can’t pay students.
“I think the most important thing is this bill clarifies that you can’t do [NIL] as part of the recruiting process,” he explained. “You can’t promise a player if you come to my school, then we’ll pay you $1,000,000. That’s still against the law. That will continue to be against the law after this bill passes.”
The bill removes requirements that NL compensation is “commensurate with market value.”
“So, it doesn’t artificially set a floor or a ceiling that says, hey, they’ve got to get paid this much or they can’t get paid any more than this,” he said. “Market value will be whatever it is people are willing to pay.”
The measure would also allow schools to help students identify, facilitate, enable, or support NIL opportunities, and gives them the power to keep NIL activities from interfering with team activities or institution operations.
“So, you can’t be making a commercial or shooting some kind of shot that you’re getting paid for while you’re on the team bus on the way to the game or in the dugout at the softball game or whatever it might be,” McCortney said.
He added that the language that says a student’s professional representatin has to be “an athlete agent or attorney” has been removed.
“A lot of them, it’s just their parents that are helping them,” he said. “So, we’re just letting parents and families and students take control of their own destiny and the use of their own names.”
The senate floor is expected to vote on the bill early Thursday morning.