A proposed bipartisan bill would give the University of Wisconsin-Madison's athletic facilities $14.6 million annually to maintain athletic facilities and exempt the university’s NIL deals from state public records law after lawmakers cited concerns that the university will fall behind in a competitive NIL era.
“If we don’t put a competitive football team on the field, we will be losing all the other sports,” Rep. Alex Dallman, R-Markesan, said, adding that exempting NIL deals from the public records law will hide UW-Madison’s strategies regarding contracts.
Nancy Lynch, UW-Madison Vice Chancellor for Legal Affairs, said the bill would put UW-Madison on a more “competitive footing” with NIL and public records statutes in other states.
“The need for the [public records exemption] is focused on protecting competitive interests and student privacy,” Lynch said in a hearing on Feb. 11. “We seek only to codify existing practice of denying access to student athlete NIL agreements, and certain university records related to NIL strategy, allocation, revenue generation and news.”
Lynch said public records puts the university at a “competitive disadvantage.”
UW-Madison NIL records are currently protected under the Family Educational Rights and Privacy Act, but the bill would deny any requests for those records.
Under the bill, student athletes would also have to disclose any third-party contracts before they enter their agreements. The bill also prohibits NIL contracts that conflict with existing university policies made by the Board of Regents and contracts in exchange for athletic performance.
UW-Madison Athletic Director Chris McIntosh and Wisconsin volleyball head coach Kelly Sheffield both testified in support on Feb. 11.
McIntosh said the bill would ensure the university can “preserve excellence” with support in two areas. The bill would support university sports and NIL pursuits financially and legislatively, as allocated public funds would support athletics and university agreements would be protected under law.
Sheffield said he supports the bill because it would “help ensure that our student athletes, our staff and all of Wisconsin athletics can continue competing and succeeding at the highest level.”
If this bill is not passed, McIntosh said he worries about the finances, competitive success and the opportunities provided at UW-Madison.
“There is a significant threat to our Olympic sports [and] our women’s sports that we are contending with,” McIntosh said.
McIntosh said the bill would allow the university to increase their support to Olympic and women’s sports. He highlighted the success of Wisconsin women’s hockey player Laila Edwards at the 2026 Olympics, as well as the men’s hockey and women’s volleyball teams.
The bill was unanimously passed by the Committee on State Affairs and was referred to the Committee on Rules on Thursday to determine the bill’s path forward.
