UK, UofL athletics leaders discuss future of ‘Name, Image, Likeness’ with lawmakers

FRANKFORT, Ky. (FOX 56) — Earlier this year, Kentucky modernized how universities handle ‘name, image, and likeness’ (NIL) deals among its athletes. Lawmakers received their first report in Frankfort on the new changes and the path forward for the issue.

“If you put business ahead of mission, you’ve got a real problem. Our mission is rings on fingers and diplomas and hands. It’s as simple as that,” University of Kentucky Athletics Director Mitch Barnhart told lawmakers, stressing that amid the new environment, school priorities haven’t changed.

When Senate Bill 3 took effect earlier this summer, it was considered a ‘modernization’ of NIL, as an antitrust lawsuit was also being considered federally. The law allows schools to directly compensate college athletes and work closely with them on third-party deals.  

“Are there two worse terms and phrases than nil and transfer portal? To me, that has started the downfall of amateur athletics,” Rep. Kevin Jackson (R-Bowling Green) asked.

Jackson is among those who worry the environment has become too competitive and wonders what can even be done when some athletes are offered millions to play for a different school or manage to spend six or seven years playing sports in the portal. Barnhart and University of Louisville athletics director Josh Heird said they are currently watching a federal NIL regulation bill, referred to as the “SCORE Act” to ‘level the playing field’ between states.

“It preempts all the state laws. As Josh said, really, really important. And I think it codifies that they’re not employees. And we’re working our way through that,” Barnhart said.

“If that doesn’t come to fruition, are we having to look at this next legislative session for continued changes that we did to Senate Bill 3? Or are we in a really good place right now?” Sen. Max Wise (R-Campbellsville) asked.

Wise originally sponsored the bills, both authorizing and reforming NIL.

“I think it’s where we need to be right now,” Heird said, agreeing that he does not like the idea of athletes transferring semester to semester either, but argued it does create an environment where there’s more on the university to make kids want to stay. He cautioned against more reform for now, especially if the intent is to make Kentucky’s NIL laws more competitive with other states.

“When you look at, you know, there’s some states that have said we’re not going to require student athletes to pay income tax on NIL deals. I’m sorry, but I saw that, and I’m like, this is absurd,” he said.