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Senate Rejects Amendment to Remove Private Cause of Action from NIL Protection Act; Bill Advances to Third Reading
Summary
Lawmakers debated removing a private cause of action from House Bill 25-76, the NIL Protection Act. The amendment to strike the private right of action was rejected and the bill was advanced to third reading.
During second reading of the Engrossed Committee Substitute for House Bill 25-76, the West Virginia Senate debated an amendment that would have removed an express private cause of action from the bill's final section. Senior Senator from the Fourth offered the amendment, arguing it was unnecessary and could worsen West Virginia's legal climate; the amendment was rejected and the bill advanced to third reading.
The amendment to strike the bill’s last section — which would have removed an express private right of action — was explained on the floor by the Senior Senator from the Fourth, who said the bill “absolutely will help out our athletes and help out our universities” but that the private cause of action was “not necessary” and could invite increased litigation and harm the state’s business climate. The senator added the language had been discussed with university representatives and described the provision as “a pearl of language” they recommended removing.
Senator from Mason recounted testimony from Ren Baker, athletic director for West Virginia University, who said he believed removing the cause of action ‘‘would be okay’’ but that university officials were uncertain it would be harmful either way. Senator from Taylor urged rejection of the amendment, saying the language provides clarity and protection for athletes and universities and expressed concern that removing it could complicate end-of-session procedures.
The senior senator from the fourth closed by restating that the bill “stands very well on its own without that last section” and urged colleagues to reject the measure; the Senate voice vote resulted in the chair declaring the amendment rejected. Shortly afterward, the Senate advanced the bill to third reading.
No formal roll-call tally for the amendment was recorded in the transcript; the chair announced the amendment rejected and the bill advanced.
The bill remains on the Senate calendar for third reading and further consideration.
