COLUMBUS, Ohio — Ohio State once again needed a third-string quarterback to finish off a victory, and this time his name was Governor Mike DeWine.
The NCAA may or may not have a plan in place by Thursday to allow college athletes to profit from their name, image and likeness. Thursday is crucial because several states have already passed such laws which go into effect that day. Ohio attempted to join them, but that bill bogged down politically in the House of Representatives last week.
So DeWine dropped his proverbial clip board and headset and ran into the field for the first time in this process. He signed an executive order allowing NIL income for athletes at Ohio State and other schools around the state.
At an afternoon press conference regarding the Name, Image and Likeness Order, DeWine stressed the urgency of Thursday’s deadline. He also quoted OSU football coach Ryan Day’s testimony in front of a congressional committee last week as to why the lack of an Ohio law could harm the program’s recruiting against states who do have NIL laws.
“There is a necessity even if that legislation is passed ... of time,” DeWine said. “We felt it was important to issue an executive order now.”
The executive order, as described by the governor, essentially mirrored Senate Bill 187. That was the bill, introduced by Senator Niraj Antani (R-Miamisburg) in May, which appeared ready to sail through before last week’s political roadblocks.
About a half hour later, the Conference Committee on the state budget voted to include Antani’s language as an amendment that would go into effect July 1. That must now pass the House and Senate before reaching DeWine for his signature.
“Last week we had a little bit of a fumble,” Antani said at the executive order signing. “We are picking that ball up and running with it.”
Also Monday, the NCAA’s Division I Council voted to recommend to the Board of Directors that amateurism rules related to name, image and likeness be suspended. Athletes at schools in states with NIL laws — which includes Ohio under DeWine’s order — can be compensated based on those laws.
Even if Republicans in the House had not attached an amendment banning transgender athletes from girls high school sports last week, Ohio’s NIL bill had already been stripped of its emergency clause. That meant it could not go into effect until 90 days after it was signed — pushing well past Thursday’s deadline to keep Ohio in line with other state laws.
After the bill returned to the Senate, it was attached to another, unrelated bill in an attempt to pass it without the controversial transgender athlete ban. However, that bill also did not include an emergency clause.
The inclusion of the transgender ban ensured Democrats could not longer vote for that version of the bill, again all but killing chances of a law by July 1. It also presented political problems for Ohio State, which went out of its way to disavow that new version and emphasize its support solely for the original bill.
Ohio State has pushed for a solution prior to July 1 for one significant reason. It does not want to be at a competitive disadvantage in recruiting against Alabama, Florida, Georgia, Mississippi, Texas and whatever other states enact laws by Thursday.
So DeWine took executive action.
The last time Ohio State needed its third-string quarterback, Cardale Jones stepped in and led the Buckeyes to the first College Football Playoff national championship in 2014.
Jones recently attended a House committee meeting to speak in favor of the original NIL bill. He was back at the statehouse Monday to speak in favor of DeWine’s executive order.
Jones called the order “groundbreaking,” but kept his remarks brief.
“Let’s get this bill signed,” Jones said.
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