West Virginia NIL Law for NCAA

On February 17, 2021, West Virginia introduced a Name, Image, Likeness (NIL) law for their colleges and institutions. The bill has not successfully made its way through the House & the Senate, nor has it received Governor approval. The bill also doesn’t have a designated effective date if signed. If passed, House Bill 2583 will allow intercollegiate student-athletes the ability to earn compensation for the use of their NIL.

BILL STATUS: Bill Introduced
EFFECTIVE DATE: N/A
NCAA INSTITUTIONS: 17
ESTIMATED NCAA ATHLETES: 5,100

Last Updated 12/20/21

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WEST VIRGINIA NIL LAW

This bill was introduced to West Virginia’s House of Representatives in mid-February 2021, and is still in the process of being turned into a law. The following components have been proposed by the Bill:

1. A state institution of higher education may not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the student’s name, image, or likeness. Earning compensation from the use of a student’s name, image, or likeness may not affect the student’s scholarship eligibility.
2. An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, may not prevent a student of a state institution of higher education participating in intercollegiate athletics from earning compensation as a result of the use of the student’s name, image, or likeness.
3. An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, may not prevent a state institution of higher education from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student’s name, image, or likeness.
A state institution of higher education, athletic association, conference, or other group or organization with authority over intercollegiate athletics may not provide a prospective student athlete with compensation in relation to the athlete’s name, image, or likeness.
1. A state institution of higher education, athletic association, conference, or other group or organization with authority over intercollegiate athletics may not prevent a student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters provided by athlete agents licensed pursuant to §30-39-1 et seq. of this code, or legal representation provided by attorneys licensed in this state.
2. Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in 15 U.S.C § 7801 et seq., in their relationships with student athletes.
A scholarship from the state institution of higher education in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship may not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.
1. A student athlete may not enter into a contract providing compensation to the athlete for use of the athlete’s name, image, or likeness if a provision of the contract is in conflict with a provision of the athlete’s team contract.
2. A student athlete who enters into a contract providing compensation to the athlete for use of the athlete’s name, image, or likeness shall disclose the contract to an official of the institution, to be designated by the institution.
3. An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athlete’s legal representation the relevant contractual provisions that are in conflict.
A team contract of a state institution of higher education’s athletic program may not prevent a student athlete from using the athlete’s name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities: Provided, That this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.
For purposes of this section, “state institution of higher education” means any university or college in this state providing scholarships to students to participate in athletic events for that college or university.

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WEST VIRGINIA NIL TAX IMPLICATIONS

Now that Student Athletes will have the ability to profit off of their name, image and likeness, they have to remain conscious about certain thresholds that could have certain tax consequences. Specific to the State of West Virginia:

Graduated-Rate Individual Income Tax Structure
Top Marginal Individual Income Tax Rate = 6.50%

WEST VIRGINIA NIL FAQS

What is the West Virginia NIL Law?

The West Virginia NIL law proposes to authorize student athletes to be compensated for use of their name, image or likeness.

When does West Virginia NIL Compliance Start?

West Virginia NIL started on July 1, 2021, per the NCAA Interim Policies. If and when House Bill 2583 is passed into law, West Virginia State NIL laws would take effect according to the legislation.

How does West Virginia NIL affect NCAA Student-Athletes?

West Virginia NCAA Student-Athletes will be able to earn compensation for the use of her or his name, image, or likeness (NIL) through a multitude of different opportunities. Student-Athletes can now make money for things such as endorsements, sponsorships, appearances, autographs, memorabilia, podcasts, camps, clinics, private lessons, crowdfunding, and many more!

What are West Virginia Name, Image, and Likeness Best Practices?

Both athletes and administrators in the State of West Virginia should start by making sure they have a proper understanding of the rules and regulations set-forth by House Bill 1084. A working-knowledge of the ‘Dos and Don’ts’ for West Virginia NIL will allow all parties to safely and successfully navigate the new landscape. The next most important aspect would be the compliance component of NIL. Not only do students need to make sure they are entering agreements that are compliant with the passed state regulations, but they need to make sure they are transparent with their school to avoid any institutional conflicts.

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NCAA WEST VIRGINIA SCHOOLS

What schools are affected by West Virginia NIL?

All institutions with NCAA athletic programs are affected by NIL. In the state of West Virginia, the following schools will be affected:

D1

Marshall University
West Virginia University

D2

Alderson Broaddus University
Bluefield State College
University of Charleston
Concord University
Davis & Elkins College
Fairmont State University
Glenville State College
Salem University
Shepherd University
West Liberty University
West Virginia State University
West Virginia Wesleyan College
Wheeling University

D3

Bethany College

NAIA

Ohio Valley University
West Virginia University Institute of Technology

NJCAA

Potomac State College of West Virginia University

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West Virginia NIL Law for NCAA

WEST VIRGINIA NIL LAW

Spry’s GPS: Navigating NIL

WEST VIRGINIA NIL TAX IMPLICATIONS

WEST VIRGINIA NIL FAQS

What is the West Virginia NIL Law?

When does West Virginia NIL Compliance Start?

How does West Virginia NIL affect NCAA Student-Athletes?

What are West Virginia Name, Image, and Likeness Best Practices?

Let us show you how Spry can:

NCAA WEST VIRGINIA SCHOOLS

What schools are affected by West Virginia NIL?

D1

D2

D3

NAIA

NJCAA

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West Virginia NIL Law for NCAA

WEST VIRGINIA NIL LAW

Spry’s GPS: Navigating NIL

WEST VIRGINIA NIL TAX IMPLICATIONS

WEST VIRGINIA NIL FAQS

What is the West Virginia NIL Law?

When does West Virginia NIL Compliance Start?

How does West Virginia NIL affect NCAA Student-Athletes?

What are West Virginia Name, Image, and Likeness Best Practices?

Let us show you how Spry can:

NCAA WEST VIRGINIA SCHOOLS

What schools are affected by West Virginia NIL?

D1

D2

D3

NAIA

NJCAA

Let Us Show You Spry In Action

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