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Committee releases bill to repeal New Jersey Fair Play Act, allow institutions to participate in NIL deals with protections for student‑athletes

June 12, 2025 | 2025 Legislative Sessions, New Jersey


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Committee releases bill to repeal New Jersey Fair Play Act, allow institutions to participate in NIL deals with protections for student‑athletes
The Assembly Higher Education Committee voted to release Assembly Bill 5729 and its identical Senate counterpart S4439, a bill that would repeal the New Jersey Fair Play Act and permit institutions of higher education to engage in name, image and likeness (NIL) compensation arrangements with student athletes while adding specified protections.

Jean Lepore of Rutgers University testified in support and described the bill as time‑sensitive given recent legal developments. “The Fair Play Act ... does not allow NIL deals provided by institutions to student athletes, nor does it allow the institutions to be involved in seeking NIL deals externally for the student athletes,” Lepore told the committee, arguing the law predates key court decisions and a recent settlement that affect how NIL compensation occurs.

Under the bill, agents and advisors would be required to act as fiduciaries and institutions would be required to provide student athletes with financial‑literacy training and other supports intended to protect students as the NIL landscape evolves, Lepore said. The bill’s sponsors and witnesses said the changes are designed to align New Jersey law with current practice in college athletics.

Several committee members expressed concern about transparency and the commercialization of amateur athletics. Assemblywoman Matsakis said, “The intent of the bill is good, I just do not think it provides enough transparency. Therefore, I'm a no.” Assemblyman Charfenberger said he opposed “the concept in total,” expressing concern about creating a “slippery slope” toward making amateur athletes “quasi professionals.”

The committee voted to release the bill. Recorded votes were: Assemblywoman Matsakis — no; Assemblyman Charfenberger — no; Assemblyman Abdelaziz — yes; Assemblywoman Simmons — yes; Assemblyman Miller — yes; Assemblyman Atkins — left a vote in the affirmative; Chairwoman Carter — yes. The chair announced the bills were released.

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Scribe from Workplace AI
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