Senate Education Committee advances name, image, likeness bill

Senate Education Committee advances name, image, likeness bill February 27, 2025

Senate Majority Floor Leader Max Wise, R-Campbellsville, center, speaks Thursday on Senate Bill 3, which deals with name, image and likeness, known as NIL. With him are, left, Josh Heird, director of athletics at the University of Louisville, and right, Mitch Barnhart, athletics director at the University of Kentucky. A high-resolution photo can be found here.

FRANKFORT — The Senate Education Committee unanimously approved legislation Thursday that would update Kentucky’s name, image and likeness law in response to issues that have cropped up since it was first adopted for college athletes.

Name, image, likeness laws – known as NIL – allow student-athletes to generate personal income from their image and celebrity.

Senate Bill 3, sponsored by Senate Majority Floor Leader Max Wise, R-Campbellsville, seeks to tackle new issues that have emerged in the “constantly evolving” NIL landscape. Wise said the legislation would allow Kentucky to remain prepared and competitive in the new era of college sports.

“It’s a time for us to act, and it’s a time for us to update to make sure that the Commonwealth of Kentucky and our universities are not left behind when it comes to college athletics,” he said.

SB 3 would align Kentucky’s law with national standards, allowing state universities to participate in the emerging revenue sharing model. It would also establish legal protections by providing clear guidelines that ensure fair compensation and protect the student-athletes and the institutions.

The bill also includes an emergency provision, meaning it could take effect as soon as the bill becomes law. The urgency will ensure Kentucky’s institutions remain competitive as the national landscapes shift, Wise said.

The recent House v. NCAA lawsuit has introduced potential changes that could reshape student-athlete compensation, and a proposed $2.5 billion federal settlement is expected to be finalized by April 7. This might allow universities to directly compensate student-athletes, something not previously included in Kentucky’s framework, Wise said.

Mitch Barnhart, athletics director at the University of Kentucky, testified that times have changed regarding NIL, and institutions are facing “choppy waters” now. He said there are 50 different states that are doing 50 different things, and continuity in laws or rules is important.

Barnhart was joined by Josh Heird, director of athletics at the University of Louisville, in Thursday’s testimony.

“A lot of times we compete,” Barnhart said of Heird. “But on this, we’re on the same team. We both need help as we continue to adjust to the landscape that’s in front of us, and the 2022 bill was amazing. It was really, really helpful at a time we desperately needed it.”

Heird said he appreciates the proactive approach of the legislators. He offered some details about the settlement.

“If approved, the House settlement will assist in creating a framework that provides additional benefits to student-athletes, but also creates guardrails that are much needed in this current environment. The anticipated date for a decision on the House settlement is the first few weeks of April,” he said.

Heird said SB 3 would update current state laws so UofL, UK and other schools can implement the presumed changes that will take place if the House settlement is approved.

Senate Minority Caucus Chair Reginald L. Thomas, D-Lexington, said it’s clear in his mind that Congress and the NCAA are weak about addressing NIL issues. He also talked about how extremely competitive Kentuckians are sports-wise.

“I think it’s great that come March, we’re going to have both the UK and UofL back in the NCAA tournament, both in the men’s and women’s tournaments, and that’s wonderful for our state,” he said.

Sen. Danny Carroll, R-Paducah, said he thinks NIL has “absolutely destroyed” college sports, but he can’t let Kentucky get behind other states regarding NIL.

“You can’t focus on the game because all they talk about is that the best player is about to leave to go to another school. I have lost interest in college sport because of it. And it’s difficult for me to vote yes for this, and I regret the vote that I made, but in saying that, I also know Kentucky has to compete,” he said.

Sen. Stephen Meredith, R-Leitchfield, said he shares Carroll’s sentiments.

“I wish we could go back, back in the days where the athletes played for the name on the front of the uniform rather than the back. I know we have to do this. I offer my yea vote begrudgingly,” he said.

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https://apps.legislature.ky.gov/publicservices/pio/release.html#NIL-022725