NCAA urges California governor not to sign 'fair pay' bill
Indianapolis — The NCAA Board of Governors wants California Gov. Gavin Newsom to reject a new attempt to pay college athletes.
And it is prepared to take the fight to court if necessary.
In a six-paragraph letter released Wednesday, the board urged Newsom not to sign the legislation known as the Fair Pay to Play Act, which would allow college athletes to be paid for the use of their names, likenesses and images. The move comes two days after approval of the measure by the California Assembly, with the state Senate expected to consider the measure later this week.
The board warned that California schools may be declared ineligible for NCAA competition if the bill becomes law because they would have an unfair recruiting advantage.
"We've explored how it might impact the association and what it might do. We believe it would inappropriately affect interstate commerce," Donald Remy, the NCAA's chief operating officer and chief legal officer, told The Associated Press. "It is not intended to be a threat at all. It's a reflection about the way California is going about this.
"I'm not saying there will never be a day we would consider that (legal action), but it is not meant to be a threat," Remy said.
The NCAA said the measure would affect more than 24,000 athletes in the nation's most populous state.
Should the bill pass, Newsom would have 30 days to sign or veto it. If he does nothing, the bill would become law. It would be the first measure of its kind and the outcome is being closely watched as one of the biggest challenges in years to the NCAA's longstanding and far-reaching model of amateur sports. Over the past decade, that model has come under increasing pressure — and attacks in court — as critics push for big-time college athletics to clear the way for the athletes themselves to benefit financially.
NCAA rules prohibit athletes from profiting off their athletic skills. The organization, however, has recently begun considering rules changes to loosen those restrictions, though NCAA President Mark Emmert — and the board again on Wednesday — insist that players cannot be paid or become the equivalent of a university employee. Formal recommendations are expected to be made at the board's October meeting.
It appears there is an appetite for significant changes.
Board members met with the working group studying these issues in August but neither Remy nor board member Denis McDonough would discuss specific proposals.
"The rules that we operate under, many of which date to 1975, may not be suitable for us in 2021 with the challenges and opportunities student-athletes face," said McDonough, the White House chief of staff under President Barack Obama. "So we are and have been taking a very close look at how we can modernize those rules. We're hoping the state of California would recognize that modernizing those rules for student-athletes across the country is the best way to do that."
Supporters think those changes are already overdue and believe California's elected officials should act now.
"The NCAA's assertions are purposefully misleading," said Ramogi Huma, executive director of the National College Players Association. "The 9th Circuit upheld a ruling concluding that the NCAA's ban on player name, image, and likeness compensation does not bring forth a level playing field. The Big 12 commissioner stated competitive equity is 'largely an illusion.'
"NCAA amateurism is a fraud. It's a $14 billion a year industry with millionaire coaches. An NCAA ban on California colleges would amount to an illegal group boycott that would violate federal and California antitrust laws."
But in and around California, schools and conferences believe this legislation might not be the best solution.
The Pac-12, which includes Southern California, UCLA, Stanford and Cal, issued a statement reiterating its previous stance — asking the California Legislature to delay the debate until the NCAA announces formal proposals.
"We all want to protect and support our student-athletes, and the Pac-12 has played a leadership role in national reforms for student-athletes over the past years," the statement said. "The question is what's the best way to continue to support our student-athletes. We think having more information and informed views will be helpful."
J.D. Wicker, the athletic director at San Diego State, a Mountain West Conference member, agreed, saying "California weighing in on this complicates that."
"I think the frustration for me is that they probably don't truly understand the NCAA and how we work as a governing body," Wicker said. "Again, it's schools across 50 states and it's all of us working together, whereas the state of California will only harm California schools."
In addition, the NCAA believes the California measure would violate the federal Commerce Clause and may not withstand a legal challenge; Remy cited a previous case in California in which the state tried to inhibit the NCAA from enforcing its rules. The NCAA won that case.
Should the measure pass, Remy said, the NCAA would penalize the schools, not individual athletes.
"There are two parts to this and part of this is the membership and that includes the California schools," Remy said. "Schools and universities agree to comply with the rules of (NCAA) membership and there are a set of eligibility criteria that go along with being member institutions. The California schools have consented to that criterion."
AP Sports Writer Bernie Wilson in San Diego also contributed to this report.
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