Council of the District of Columbia

Committee of the Whole

1350 Pennsylvania Avenue, NW

Washington, DC 20004

 

 

TO:                 Nyasha Smith, Secretary to the Council

             

FROM:           Phil Mendelson, Chairman

                                               

DATE:            May 1, 2025

 

 

This memorandum is to request that the following measures be placed on the agenda for the May 6, 2025, Legislative Meeting:

 

• Uniform College Athlete Name, Image, or Likeness Declaration Amendment Act of 2025
• Uniform College Athlete Name, Image, or Likeness Emergency Amendment Act of 2025
• Uniform College Athlete Name, Image, or Likeness Temporary Amendment Act of 2025

 

Bill 26-175, the Uniform College Athlete Name, Image, or Likeness Act Amendment Act of 2025, would amend Section 215 of the Uniform College Athlete Name, or Likeness Act of 2022 (D.C. Code § 38-1631.05). The amendment would authorize institutions, athletic conferences, and associations to assist college athletes in selecting, coordinating, or compensating a name, image, or likeness (NIL) agent. Additionally, the bill eliminates the current prohibition that prevents institutions or conferences from providing direct compensation to college athletes for the use of their name, image, or likeness.

 

On April 18, 2024, the NCAA amended its Bylaws to expand the permissible role of institutions in supporting student-athlete NIL activities. The hearing for final approval for the House settlement—litigation related to student-athlete NIL rights—was held on April 7, 2025, where U.S. District Judge Claudia Wilkens declined to grant final approval of the proposed deal. During the hearing, U.S. District Judge Claudia Wilkens raised concerns regarding the settlement’s impact on current athletes, particularly the proposed roster limits. Judge Wilkens has requested that the parties involved submit revised terms that address the court’s concerns by May 7, 2025.  If approved, the changes are expected to go into effect by July 1, 2025.  These recent developments broaden the scope of activities that educational institutions may undertake to support college athletes in monetizing their NIL. The District’s original NIL law was modeled on the NCAA Bylaws as they existed at the time of enactment, which predated both the adoption of the April 2024 amendment and the commencement of the House litigation.

 

The proposed emergency legislation would align District law with the current NCAA framework and national legal landscape, ensuring that institutions and college athletes in the District are not placed at a competitive disadvantage. I plan to hold a hearing and markup of the permanent legislation (Bill 26-175) later this year.

 

Draft