Fair Pay to Play Act | |
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California State Legislature | |
Full name | Fair Pay to Play Act |
Introduced | February 4, 2019 |
Assembly voted | September 9, 2019 [1] |
Senate voted | May 22, 2019 [1] |
Signed into law | September 30, 2019 |
Sponsor(s) | Sens. Nancy Skinner, Scott Wilk, Steven Bradford |
Governor | Gavin Newsom |
Code | Education Code |
Resolution | SB 206 |
Website | leginfo.legislature.ca.gov |
Status: Current legislation |
The Fair Pay to Play Act, originally known as California Senate Bill 206, [2] is a California statute that will allow collegiate athletes to acquire endorsements and sponsorships while still maintaining athletic eligibility. [3] The bill would affect college athletes in California's public universities and colleges.
The bill was introduced by Senator Nancy Skinner [4] and co-authored by Scott Wilk and Steven Bradford. [5] The bill passed the California State Senate 31 to 5, with Shannon Grove voting against the bill, on May 22, 2019, [6] with the California Assembly unanimously passing it on September 11, 2019. [7] The bill was bolstered by testimony from former Stanford women's volleyball star and 2015 national freshman of the year Hayley Hodson, and Oklahoma State University football star Russell Okung. [8] [9] [10] [11]
The impetus for the bill came when Skinner met antitrust economist Andy Schwarz. [12] [13] Schwarz had been involved in the O'Bannon litigation and was looking for a new way to advance athletes rights after that case had resulted in only modest gains. [14]
The Supreme Court's recent decision in NCAA v. Alston sheds light on modern federal attitudes towards student athlete compensation.[2] In this case, the Court struck down any potential limitations on education-related benefits that student athletes may receive.[2] Most notably, the Court—and especially Justice Brett Kavanaugh—rejected the NCAA's "amateurism" argument as an overly broad and outdated defense for failing to allow its revenue-drivers (i.e., student athletes) to receive compensation. [15] The NCAA contended that the Court should defer to its amateurism model because it is a joint venture along with its member schools, but the Court instead reasoned that deference was inappropriate since the NCAA has a monopoly in the relevant market. [15] The Court further rejected the NCAA's appeal that it was not a "commercial enterprise," noting the "highly profitable" and "professional" nature of certain college sports. [15] Shortly after the Court's decision in Alston, the NCAA issued an interim name, image, and likeness policy which permits student athletes to earn this type of compensation. [16] States have also followed suit by enacting their own laws. [17] For example, Illinois Public Law 102-0042 permits athlete to receive market-value compensation for use of their name, image, and likeness. [18]
Gavin Newsom signed the bill into law on September 30, 2019. The law was scheduled to go into effect in 2023, but was moved up to an effective date of September 1, 2021 thus enabling student-athletes to own their own name, image, and likeness, and profit from them, just like any other college student or citizen can. [19] [20]
The National Collegiate Athletic Association (NCAA) is a nonprofit organization that regulates student athletics among about 1,100 schools in the United States, and 1 in Canada. It also organizes the athletic programs of colleges and helps over 500,000 college student athletes who compete annually in college sports. The headquarters is located in Indianapolis, Indiana.
The National Association of Intercollegiate Athletics (NAIA) established in 1940, is a college athletics association for colleges and universities in North America. Most colleges and universities in the NAIA offer athletic scholarships to their student athletes. Around $1.3 billion in athletic scholarship financial aid is awarded to student athletes annually.
College athletics in the United States or college sports in the United States refers primarily to sports and athletic training and competition organized and funded by institutions of tertiary education in a two-tiered system.
EA Sports College Football is an American football video game series developed by EA Sports in which players control and compete against current Division I FBS college teams. It served as a college football counterpart to the Madden NFL series. The series began in 1993 with the release of Bill Walsh College Football. EA eventually acquired the licensing rights to the NCAA name and officially rechristened the series with the release of NCAA Football 98.
Redshirt, in United States college athletics, is a delay or suspension of an athlete's participation in order to lengthen their period of eligibility. Typically, a student's athletic eligibility in a given sport is four seasons, aligning with the four years of academic classes typically required to earn a bachelor's degree at an American college or university. However, in a redshirt year, student athletes may attend classes at the college or university, practice with an athletic team, and "suit up" for play – but they may compete in only a limited number of games. Using this mechanism, a student athlete (traditionally) has at most five academic years to use the four years of eligibility, thus becoming what is termed a fifth-year senior. Due to the COVID-19 pandemic, an additional year of eligibility was granted by the NCAA to student athletes who met certain criteria. Student athletes who qualified had up to six academic years to make use of their four years of eligibility, taking into consideration the extra year provided due to exceptional circumstances.
Nancy Skinner is an American politician who served as a member of the California State Senate from 2016 to 2024. A Democrat, she represented California's 9th State Senatorial district, encompassing parts of the East Bay.
Edward Charles O'Bannon Jr. is an American former professional basketball player in the National Basketball Association (NBA). He was a power forward for the UCLA Bruins on their 1995 NCAA championship team. He was selected by the New Jersey Nets with the ninth overall pick of the 1995 NBA draft. After two seasons in the NBA, he continued his professional career for another eight years, mainly playing in Europe.
Claudia Ann Wilken is a senior United States District Court Judge of the United States District Court for the Northern District of California.
Ramogi Huma is the executive director of the National College Players Association (NCPA), a 501c3 nonprofit advocacy group launched by UCLA football players.
Jeffrey L. Kessler is an American attorney who is a partner and co-executive chairman of Winston & Strawn. He is also co-chair of the firm's antitrust/competition practice and is a member of the executive committee. He is one of the country's leading sports lawyers.
O'Bannon v. NCAA, 802 F.3d 1049, was an antitrust class action lawsuit filed against the National Collegiate Athletic Association (NCAA). The lawsuit, which former UCLA basketball player Ed O'Bannon filed on behalf of the NCAA's Division I football and men's basketball players, challenged the organization's use of the images and the likenesses of its former student athletes for commercial purposes. The suit argued that upon graduation, a former student athlete should become entitled to financial compensation for NCAA's commercial uses of their image. The NCAA maintained that paying its athletes would be a violation of its concept of amateurism in sports. At stake are "billions of dollars in television revenues and licensing fees."
Sydney Kai Kamlager-Dove is an American politician serving as the U.S. representative for California's 37th congressional district since 2023. A Democrat, she previously served in the California State Senate, representing the 30th district. She has also served in the California State Assembly and as a trustee for the Los Angeles Community College District.
David Sen-Fu Chiu is an American politician serving since 2021 as City Attorney of San Francisco. Previously, he served in the California State Assembly as a Democrat representing the state's 17th Assembly District, which encompasses the eastern half of San Francisco. Chiu was Chair of the Assembly Housing and Community Development Committee, a position he held from 2016 to 2021, and the former chair of the California Asian & Pacific Islander Legislative Caucus.
The definition of amateurism within the context of collegiate sports has evolved since it was first pronounced by the NCAA upon its inception in 1906. In its early stages, changes in the NCAA's core beliefs in what a student-athlete should be rewarded and allowed to accept financially for their athletic talents had its effects on the definition of amateurism. Over the course of the 20th and early 21st century, regulatory changes, court claims, and the beliefs of NCAA authority about student-athlete compensation further developed what an amateur collegiate athlete is entitled to receive. This evolution is what impacted the evolving logistics of the NCAA Bylaw 12, which explains the current definition of amateurism and what it grants or restricts a collegiate athlete to be able to receive as compensation for their participation. These guidelines have been described to both benefit and unjustifiably limit the student-athlete and the success of institutions’ athletic performance. This debate has been a strong driver in court claims against the NCAA and the mainstream controversy about what student-athletes should have the right to receive financially.
The protection of intellectual property (IP) of video games through copyright, patents, and trademarks, shares similar issues with the copyrightability of software as a relatively new area of IP law. The video game industry itself is built on the nature of reusing game concepts from prior games to create new gameplay styles but bounded by illegally direct cloning of existing games, and has made defining intellectual property protections difficult since it is not a fixed medium.
The 2019 NCAA Division I FBS football season was the 150th season of college football in the United States organized by the National Collegiate Athletic Association (NCAA) at its highest level of competition, the Football Bowl Subdivision (FBS). The regular season began on August 24, 2019, and ended on December 14, 2019. The postseason concluded on January 13, 2020, with the 2020 College Football Playoff National Championship at the Mercedes-Benz Superdome in New Orleans. The LSU Tigers defeated the defending champion Clemson Tigers by a score of 42–25 to claim their first national championship in the College Football Playoff (CFP) era, and fourth overall. It was the sixth season of the College Football Playoff (CFP) system.
Hayley Hodson is a former Stanford University volleyball player. She was listed as the number one college volleyball recruit by Volleyball magazine in April 2015, and she was the named National Freshmen of the year and All-American by the American Volleyball Coaches Association and Volleyball Magazine in the same year.
National Collegiate Athletic Association v. Alston, 594 U.S. ___ (2021), was a landmark United States Supreme Court case concerning the compensation of collegiate athletes within the National Collegiate Athletic Association (NCAA). It followed from a previous case, O'Bannon v. NCAA, in which it was found that the NCAA was profiting from the namesake and likenesses of college athletes. The case dealt with the NCAA's restrictions on providing college athletes with non-cash compensation for academic-related purposes, such as computers and internships, which the NCAA maintained was to prevent the appearance that the student athletes were being paid to play or treated as professional athletes. Lower courts had ruled that these restrictions were in violation of antitrust law, which the Supreme Court affirmed in a unanimous ruling in June 2021.
In college athletics in the United States, a student-athlete who participates in a varsity sport on any and all levels is eligible to profit from their name, image, and likeness (NIL). Historically, the National Association of Intercollegiate Athletics (NAIA) was the first association to permit pro-am, as the National Collegiate Athletic Association (NCAA) resisted efforts to compensate college athletes beyond the scholarship and stipend. The Supreme Court's decision in NCAA v. Alston (2021) allows for non-scholarship earned income across every division.
Grant House and Sedona Prince v. National Collegiate Athletic Association, et al. is a settled class action lawsuit brought against the National Collegiate Athletic Association (NCAA) and five collegiate athletic conferences in which the NCAA agreed to allow its member institutions to distribute funds to Division I athletes who have played since 2016.