If you are quarterback Chevan Cordeiro, outsider hitter Hanna Hellvig or another marquee athlete and have a big year for a university sports team in Hawaii, the way could open up for you to take home more than a nice trophy someday.
Under two fairly similar measures — Senate Bill 2673 and House Bill 1682 — up for consideration at the state Legislature, Hawaii college athletes could be allowed to profit from the use of their names, images and likenesses (commonly referred to as NIL) as early as Jan. 1, 2021.
That means they could be compensated for doing commercials, having their names on jerseys or their likenesses in video games or partaking in other commercial endeavors without risking either their college eligibility or scholarships.
Following California’s groundbreaking legislation, the Fair Play to Pay Act, last year, Hawaii is among at least 20 other states where measures are under study by lawmakers.
They are part of a long overdue push for athletes rights amid a landscape where schools, particularly top-tier Power 5 conference athletic programs and their coaches and administrators, have been enriching themselves for years.
Initially, the NCAA waged a fierce battle in an attempt to defeat the California bill, even suggesting it might bar California schools from its championship events, if the measure passed.
But California overwhelmingly passed the legislation and the public opinion avalanche that surrounded it forced the NCAA to not only back off its stance but consider a nationwide policy for the future.
Exactly what that policy might be or when it might be put into practice are issues that have been major topics of discussion at the NCAA’s annual convention, which ends today in Anaheim, Calif. But given the NCAA’s notorious foot dragging on giving athletes a piece of the pie they help generate, swift implementation is not in the immediate forecast.
In Hawaii, where he co-sponsored Senate Bill 2673, State Sen. Kai Kahele (D, Hilo), a former UH volleyball player, said, “If a university or the NCAA is going to use your likeness for a video game or on a jersey, athletes should be compensated. I think it (the issue) is a good conversation for us to have. I think it is in the infancy stages of being implemented. But it seems like the NCAA is more open to it and is looking for a path to implement it.”
Sen. Donna Kim (D, Kapalama, Kalihi Valley) said, “I think we should explore and look at giving our athletes what they (can) earn.”
Under provisions of the bills, athletes who enter into contracts regarding their NIL would be required to disclose the agreements to the school and athletes’ legal representatives would have to be licensed attorneys.
Additionally, schools, athletic associations such as the NCAA and conferences would not be permitted to prohibit athletes from participating in competition as a result of receiving compensation for their NIL.
How many athletes at colleges in Hawaii would have enough of a brand to attract commercial endorsements remains to be seen, of course.
If the legislation passes, even less heralded athletes or those in less visible sports could be able to profit somewhat by marketing their skills. For example, that could include advertising their role with universities to boost opportunities to offer lessons in their sports to youngsters.
It might not be much, but it would mark a significant step out from under the NCAA’s thumb.
Reach Ferd Lewis at flewis@staradvertiser.com or 529-4820.
