The Maryland House and Senate have passed legislation that will allow student college athletes to profit from their name, image, and likeness.[1] The new law also imposes standards and protocols on college athletics’ training and workout programs.[2] The legislation, named the Jordan McNair Safe and Fair Play Act, is the namesake of University of Maryland football player Jordan McNair who died in June 2018 after passing out from heat stroke during an offseason college workout.[3]

The first section of the new legislation focuses on requiring college athletic programs to adopt and implement guidelines to prevent, assess, and treat student sports related injuries.[4] The enumerated injuries are: (1) brain injury; (2) heat illness; and (3) rhabdomyolysis.[5] College athletic programs will also be required to adopt exercise guidelines for students who have a life-threating health condition, including sickle cell anemia and asthma.[6] Finally, the new law will require the University System of Maryland Intercollegiate Athletics, St. Mary’s College of Maryland, and Morgan State University to submit a report stating any changes in college athletics’ policy which is related to the health and safety of student athletes.[7]

The second portion of the recently passed legislation allows college student athletes to profit from use of their name, image, and likeness.[8] Maryland is following the lead of five other states which have passed similar legislation.[9] The House sponsor of the bill, Delegate Brooke Lierman, asserted that allowing college student athletes to profit from the use of their names, images, and likenesses, serves to balance the current disparity between a student athlete’s contribution to the college athletic program, and the exorbitant salaries and profits derived from NCAA sports.[10] Without such legislation, college student athletes would continue to provide the talent that fuels the profits from college athletics, but would receive no direct compensation, nor an opportunity to profit from their success.[11]

Unlike the health and safety provisions of the legislation, the name, image, and likeness provisions were not wholeheartedly supported by the Maryland University System.[12] Representative Robert Paige from University System of Maryland Intercollegiate Athletics argued at the bill hearing that adopting name, image, and likeness laws at the state level has the potential to conflict with future Congressional legislation and NCAA action.[13] Supporters of the legislation retorted by stating that Congress and the NCAA have both continued to defer on addressing issues of student athletes’ use of their name, image, and likeness.[14] The supporters of the legislation argued that in absence of Congressional or NCAA action, the state should create laws that protect a college student athlete’s individual profitability.[15]

The House and Senate version of the legislation has passed in both chambers and the bill has been sent to Governor Hogan for signing.[16] The legislature’s strong support for passing the bill was rebuffed with the goal of responding with real action to the tragic death of Jordan McNair. Even though the new legislation goes beyond the issues that caused Jordan McNair’s death, it is clear from the text and testimony behind the bill that college student athlete welfare is a top concern for Maryland’s educational institutions and the Maryland legislature.

Curtis Paul is a third-year day student at the University of Baltimore School of Law and a Staff Editor for Law Forum. Curtis graduated from UMBC in May 2016 with a degree in philosophy. Since then, Curtis has been active in the UB Law community and has interned for multiple Federal bodies including the Department of Justice this upcoming Spring. Curtis will graduate in May 2021 and will clerk for the Honorable Stuart R. Berger on the Maryland Court of Special Appeals after graduation.

[1] https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0439?ys=2021RS; https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0125?ys=2021RS

[2] Id.

[3] Jesse Dougherty, Jordan McNair, Maryland Offensive Lineman Dies, Wash. Post (June 12, 2018, 4:27 PM), https://www.washingtonpost.com/news/terrapins-insider/wp/2018/06/13/jordan-mcnair-maryland-offensive-lineman-dies/.

[4] H.B. 125.

[5] Id.

[6] Id.

[7] Id.

[8] H.B. 125.

[9] Jordan McNair Safe and Fair Play Act: Hearing on H.B. 125 Before the H. Appropriations Comm., (Md. 2021) (statement of Del. Brooke Lierman, H. Sponsor of H.B. 125).

[10] Id.

[11] Id.

[12] Id.

[13] Jordan McNair Safe and Fair Play Act: Hearing on H.B. 125 Before the H. Appropriations Comm., (Md. 2021) (statement of Robert Paige, Univ. Sys. of Md. Intercollegiate Athletics).

[14] Jordan McNair Safe and Fair Play Act: Hearing on H.B. 125 Before the H. Appropriations Comm., (Md. 2021) (statement of Del. Brooke Lierman, H. Sponsor of H.B. 125).

[15] Jordan McNair Safe and Fair Play Act: Hearing on H.B. 125 Before the H. Appropriations Comm., (Md. 2021). (statement of Del. Brooke Lierman, H. Sponsor of H.B. 125).

[16] https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0439?ys=2021RS