The NCAA's plan A, B, and C to get out of the legislative mess that is NIL is to beg Congress to write an over-arching law to supersede the various state laws across the country, and to pull back on some of the more "aggressive" tactics that have popped over the last two years.
Plan D? Enforce the rules on the books. Try not to laugh.
The NCAA on Tuesday sent a memo to schools "clarifying" various "questions" that the national office in Indianapolis.
Questions 4 and 6 seem directed squarely at the state of Texas, where legislators have passed a law that states, essentially, its authority is greater than the NCAA's, and that any Lone Star State school cannot be punished by the NCAA for following a Texas state law.
Texas A&M also aligned its NIL efforts, through the 12th Man+ Fund, where donors can receive donor points for giving to the school's NIL collective. Texas is set to do the same once HB 2804 goes into effect on July 1.
“Not only are we doing good things in the community. Not only are we helping our student-athletes, we’re also giving donors the benefit which is a game changer," Texas One Fund executive director Patrick Smith said last week.
"The state law is going to govern how we do business. ...in terms of this, the state law will will reign. And that's how we'll move forward," Texas A&M Ross Bjork recently told ESPN.
Elsewhere, a new Missouri law allows the state's high school athletes to begin collecting NIL checks upon signing with an in-state college. Many collectives pay athletes for making charity appearances, but Arkansas athletes are allowed to collect money for appearances made on behalf of the University of Arkansas's fundraising foundation.
Schools are working the system like an 8-year-old child asking Dad for ice cream after Mom already said no, while the NCAA is attempting to govern with all the authority of a substitute teacher on the last day of school.
Tuesday's memo is a reminder that changing NCAA bylaws is such a soul-sucking, mind-numbing experience for all involved that all involved would rather go to Congress (the NCAA) or their respective state governments (the schools) to enact changes.