Virginia Gov. Glenn Youngkin signed House Bill 1505 Thursday morning in Richmond, unique legislation — which goes into effect on July 1, 2024 — that puts the Commonwealth at the forefront of the NIL conversation.
The new law will allow universities in Virginia to facilitate name, image and likeness opportunities for student-athletes. The operations can now legally be run in-house and will be streamlined through school involvement.
The Hokies were represented by director of athletics Whit Babcock, football coach Brent Pry, lacrosse coach Kristen Skiera, the HokieBird and others — including Sen. Aaron Rouse, D-Virginia Beach, a former All-ACC safety at Virginia Tech — at the ceremony.
“We are thankful to the state legislature and Governor Youngkin for their proactive work in the NIL space,” Babcock said in Virginia Tech’s press release. “We take care of our student-athletes and recognize the value they bring to ensure the longstanding success of our athletic programs.
“Not only does this position us more competitively among other states during this critical time, 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.”
Virginia is the first state to make it illegal for the NCAA to punish a school for directly compensating student-athletes for their NIL rights. Current NCAA rules prohibit institutions from playing any role in a NIL deal with a student-athlete.
The summary of the bill from Virginia’s Legislative Information System:
According to ESPN, six other states — Illinois, Louisiana, Mississippi, Nebraska, Oklahoma and South Carolina — have pending legislation to address the situation but are based around NCAA or federal regulations changing to allow it. Virginia is ahead of the curve in that regard, and this law could create some urgency across the country for a rule change at the NCAA or federal government level.
How might this influence Virginia Tech and other universities in the Commonwealth, such as James Madison, Norfolk State, Old Dominion, Virginia, William & Mary and others?
Babcock gave some examples to David Teel of The Richmond Times-Dispatch of how the Hokies might operate under the new guidelines. They could charge admission for the spring game with the proceeds going to NIL, use the on-campus ACC Network studio or partner with Playfly Sports, the school’s multi-media rights holder starting July 1, for NIL opportunities.
Tech will now be able to use its own funds to pay student-athletes for appearing in marketing campaigns, though the law specifically states that student-athletes should not be considered employees of the schools. The legislation will also make it legal for Tech to directly present specific NIL deals to recruits before they enroll.
“I commend our state leaders for their proactive work in the evolution of college athletics,” Pry said in Tech’s release. “This positions us favorably and competitively at a critical time. The bill is a win-win for our school, our student-athletes and our donors.”
According to ESPN, Babcock said he expects Virginia Tech to have a plan in place by July when the law goes into effect. It will likely be streamlined through the Hokie Club, the athletic department’s official fundraising organization.
The bill was sponsored by Del. Terry Austin, R-Botetourt, who worked closely with Sen. Rouse. Jason Baum, UVa’s deputy athletic director for legal and regulatory affairs, was the primary author.
The Hokies were joined by representatives from UVa (AD Carla Williams, football coach Tony Elliott and volleyball coach Shannon Wells) and VCU (AD Ed McLaughlin and men’s basketball coach Ryan Odom) at the ceremony.