NCAA/LEGAL NEWS
NIL STATE LAWS
Current Name, Image, and Likeness Legislation at the State Level
The interim NCAA NIL policy requires institutions and athletes in states with passed NIL legislation to follow their state’s bill.
If an institution is in a state without an NIL bill, then the institution is responsible for putting NIL guidelines in place for their athletes.
Updated August 27. 2022
JUMP TO A STATE
ALABAMA
STATUS: REPEALED, NO ALABAMA STATE NIL LAW IN EFFECT
Name: HB 404
Passed: April 20, 2021
Effective: July 1, 2021
Repealed: February 3, 2022
Notables (Passed):
- Student-athletes could receive compensation for their name, image, and likeness at “market value”.
- Student-athletes could hire an agent or attorney to represent them for the purposes of receiving NIL compensation.
- Universities could not unreasonably restrict student-athletes from receiving NIL compensation or hiring an attorney or agent.
- Universities could not compensate their own athletes for NIL.
- NIL compensation could not be used as a recruiting inducement or a reward for participation or performance.
- The bill would also set up an Alabama Collegiate Athletics Commission to make rules consistent with the bill, consult with experts on college athletics, and monitor compliance with the law.
Read More (Passed):
Notables (Repealed):
- Original Sponsor Kyle South brought bill to repeal because they believed the bill ended up being more restrictive than the NCAA guidelines
Read More (Repealed):
ARIZONA
STATUS: ACTIVE
Name: SB 1296: Collegiate athletics; compensation
Passed: March 26, 2021
Effective: July 23, 2021
Notables:
- Prohibits collegiate athletes from entering into contracts that conflict with their team’s contract(s).
- Includes agent licensing requirements.
- Protects Collegiate athletes from being denied a scholarship or eligibility for their sport if they receive NIL-based compensation.
- Prevents collegiate athletes from entering into contracts that conflict with another individual’s, or their institution’s, intellectual property rights.
- No provision requiring collegiate athletes to disclose endorsement contracts.
Read More:
ARKANSAS
STATUS: ACTIVE
Name: AR HB 1671: Arkansas Student-Athlete Publicity Rights Act
Passed: April 21, 2021
Effective: January 1, 2022
Notables:
- Athletes can’t promote themselves during practices, games, or other team activities.
- Contracts can’t conflict with the institution’s contracts or policies.
- Athletes are permitted to hire representation but they must be licensed in Arkansas.
- Athletes must disclose contract terms, conditions, parties, and compensation to a designated official of the university.
- Athletes are prohibited from endorsing adult entertainment, alcohol, casinos, drugs, or weapons.
Read More:
CALIFORNIA
STATUS: ACTIVE
Name: SB 206: “Fair Pay to Play Act”
Passed: September 27. 2019
Effective:
- Original January 1, 2023
- Amended September 1, 2021
Amended: August 31, 2021 (SB26)
Notables:
- The first state to legislate the right of collegiate athletes to earn compensation for their NIL.
- Only applicable to athletes enrolled at 4-year institutions.
- Forbids deals that undermine an institution’s existing endorsements.
- There may be a supplement added to the original bill to ensure full protection of college athletes’ rights and also move up the effective date no later than January 1, 2022.
Read More:
COLORADO
STATUS: ACTIVE
Name: SB20-123: “Compensation and Representation of Student-Athletes”
Passed: March 20, 2020
Effective: January 1, 2023
Notables:
- Prevents any athletics association from developing legislation that restricts an athlete from monetizing their NIL.
- An athlete can seek legal representation but it must be a licensed attorney.
- Athletes may not enter into an agreement that conflicts with a team contract.
- Athletes must disclose any signed agreements to the institution within 72 hours.
Read More:
CONNECTICUT
STATUS: ACTIVE
Name: HB6402: “Compensation And Representation Of Student Athletes"
Passed: June 30, 2021
Effective: September 1, 2021
Amended: May 10, 2022
Amended Effective Date: July 1, 2022
Notables:
- (Amendment) Requires institutions to create policies regarding institutional marks when there was blanked prevention before
Read More:
FLORIDA
STATUS: ACTIVE
Name: SB646: Intercollegiate Athlete Compensation and Rights
Passed: July 12, 2020
Effective: July 1, 2021
Notables:
- Compensation must not be based on athletic performance or attendance at a particular institution.
- Athletes may not enter into an agreement if the terms conflict with the terms of the athlete’s program. If a conflict does occur, the institution is required to disclose the conflict to the athlete.
- Any attorney representing an athlete must be in good standing with the Florida Bar.
- Agreements can’t extend beyond the athlete’s eligibility.
- Institutions are required to conduct financial literacy and life skills workshops that include financial aid, debt management, and budgeting.
Read More:
GEORGIA
STATUS: ACTIVE
Name: HB617: Postsecondary education; student-athletes may receive compensation for use of name, image, or likeness
Passed: May 6, 2021
Effective: July 1, 2021
Notables:
- Institutions are permitted to “pool” up to 75% of an athlete’s NIL earnings to be distributed amongst all eligible athletes after graduation.
- Contracts can’t conflict with the institution’s contracts or policies.
- Colleges are required to conduct a five-hour financial literacy and life skills workshop at the beginning of student athletes’ first and third years.
- Students would also be allowed to hire agents to negotiate on their behalf.
Read More:
ILLINOIS
STATUS: ACTIVE
Name: SB 2338, HB 1175 Amends the Original Bill
Passed: June 29, 2021
Effective: July 1, 2021
Amended & Effective: May 20, 2022
Notables:
- Institutions may help arrange compensation and publicity opportunities
- Student athletes may not enter into NIL deals relating to gambling, sports betting,controlled substances, cannabis, a tobacco or alcohol company, brand, or products, alternative or electronic nicotine product or delivery system, performance-enhancing supplements, adult entertainment, or any other product or service that is reasonably considered to be inconsistent with the values or mission of a postsecondary educational institution or that negatively impacts or reflects adversely on a postsecondary educational institution or its athletic programs
- (Amendment) Schools may help arrange compensation and opportunities for student athletes -(Amendment) Contracts may be for the term that the student athletes is at any institution
- (Amendment) Schools are encouraged to provide workshops and life skills education
Read More:
KENTUCKY
STATUS: ACTIVE
Name: Passed via executive order
Passed: June 24, 2021
Effective: July 1, 2021
Notables:
- Recommends (but doesn’t require) the institutions to provide financial literacy, social media & brand management, and time management education and resources for athletes.
- Permits institutions to create reasonable limitations on or promulgate reasonable rules pertaining to dates and times that an athlete can do their NIL work.
- Permits institutions to nix opportunities that they deem incompatible or detrimental to the image, purpose, or stated mission of the institution.
Read More:
LOUISIANA
STATUS: ACTIVE
Name: SB 60
Passed: July 1, 2021
Effective: July 1, 2021
Amended & Effective: June 10, 2022
Notables:
- Deals may not conflict with institution contracts or values
- Representatives must be registered with or licensed for such activity by the state
- Contract duration must not extend beyond participation in athletic program at the institution
- (Amendment) Colleges, universities and boosters may facilitate and compensate NIL deal with athletes
Read More:
MAINE
STATUS: ACTIVE
Name: LD 1893: An Act Regarding the Use of a Student Athlete's Name, Image, Likeness or Autograph
Passed: March 31, 2022
Effective: March 31, 2022
Notables:
- Student Athletes may earn compensation from selling their autographs
- Student athletes are not considered employees
Read More:
MARYLAND
STATUS: ACTIVE
Name: Jordan McNair Safe and Fair Play Act (SB 439)
Passed: May 18, 2021
Effective: July 1, 2023
Notables:
- The safety measures go into effect on July 1, 2021. However, the NIL provisions take effect on July 1, 2023.
- Allows colleges to prohibit an athlete from engaging in in-person advertising for a third-party sponsor during official and mandatory team activities.
- The act mandates that schools adopt guidelines to prevent, assess, and treat brain injury, heat illness, rhabdomyolysis, and other serious sports-related conditions.
Read More:
MICHIGAN
STATUS: ACTIVE
Name: House Bill 5217 and 5218
Passed: December 30, 2020
Effective: December 31, 2022
Notables:
- Athletes can enter endorsement deals, hire agents and attorneys, and accept gifts without risk of punishment.
- No apparel contract that conflicts with the institutions.
- Athletes must disclose the deal to the institution seven days prior to committing to the opportunity.
- Restricts the use of the name and/or other intellectual property of the university in conjunction with the student-athletes use of their NIL.
Read More:
MISSISSIPPI
STATUS: ACTIVE
Name: Mississippi SB 2313: Mississippi Intercollegiate Athletics Compensation Rights Act
Passed: March 31, 2021
Effective: July 1, 2021
Notables:
- Allows a school to impose reasonable limitations on the dates and times a student-athlete may participate in any endorsement activities.⠀⠀⠀⠀⠀⠀⠀⠀⠀
- Allows athletes to hire an agent but the athlete must give 7-day notice of their selection.⠀⠀⠀⠀⠀⠀⠀⠀⠀
- Mandates disclosure of endorsement deals to their schools before the deals can become effective.⠀⠀⠀⠀⠀⠀⠀
Read More:
MISSOURI
STATUS: ACTIVE
Name: HB 297, Amended SB 718
Passed: July 13, 2021
Effective: August 28, 2021
Amended & Effective: June 16, 2022
Notables:
- Postsecondary educational institutions that enter into commercial agreements that require the use of a student athlete's name, image, likeness, or athletic reputation must conduct a financial development program for the athletes
- (Amendment) Amendment allows coaches and schools to help “identify or otherwise assist with opportunities for a student-athlete to earn compensation from a third party for the use of the student athlete’s name, image, likeness rights, or athletic reputation”⠀⠀⠀
Read More:
MONTANA
STATUS: ACTIVE
Name: SB 248
Passed: April 30, 2021
Effective: July 1, 2023
Notables:
- Applicable to both 2 year and 4 year institutions
- An athlete can’t enter a contract that conflicts with team rules or terms of their institution’s contract.
- Athletes must disclose contracts to a school official.
Read More:
NEBRASKA
STATUS: ACTIVE
Name: LB962: Nebraska Fair Pay to Play Act, Amendment LB 1137
Passed: February 25, 2020
Effective: On or before July 1, 2023
Amended & Effective: April 18, 2022
Notables:
- Athletes must disclose a detailed account of all deals to the institution.
- Athletes aren’t permitted to enter contracts that require advertising during team activities and/or conflict with their team’s contracts.
- Each institution in Nebraska is able to choose a date to apply the act’s regulations.
- (Amendment) May be prohibited from entering into contracts inconsistent with the educational mission of the school
- (Amendment) No right for student athletes to use intellectual property that belongs to the school
- (Amendment) School may offer education and training to student athletes to aid them in understanding their opportunities. Areas such as networking, brand building, finance, and compliance
Read More:
NEVADA
STATUS: ACTIVE
Name: AB 254
Passed: May 29, 2021
Effective: January 1, 2022
Notables:
- An institution may require athletes to receive education in contracts, financial literacy, or any other subject the institution deems necessary to prepare the athlete.
- The Legislative Committee on Education will appoint a committee to conduct an interim study on the use of NIL.
- Athletes must disclose contracts but no time frame is specified.
Read More:
NEW JERSEY
STATUS: ACTIVE
Name: Bill NJ S971: New Jersey Fair Play Act
Passed: September 14, 2020
Effective: 2024-2025 Academic Year
Notables:
- Athletes can hire an agent to represent their NIL interests and it prevents an athlete from being declared ineligible from monetizing their NIL.
- Forbids deals with adult entertainment products and services, alcohol, gambling, tobacco, pharmaceuticals, controlled “dangerous” substances, and weapons. Violations could result in an athlete losing their scholarship.
- Forbids deals that conflict with a team contract.
- A team contract is permitted to utilize their athletes’ NIL for advertising and marketing without additional compensation to the athlete.
- Athletes required to disclose deals to the institution.
Read More:
NEW MEXICO
STATUS: ACTIVE
Name: SB 94: Student Athlete Endorsement Act
Passed: April 7, 2021
Effective: July 1, 2021
Notables:
- No state university can take away a scholarship or punish in any way a college athlete for “receiving food, shelter, medical expenses or insurance from a third party or for earning compensation from the use of the athlete’s name, image, likeness or athletic reputation.”
- Athletes can not endorse any product while playing their sport (i.e. during games) or use official team gear for endorsements they set up on their own.
- The athletes are allowed legal representation for potential endorsement deals, but that doesn’t mean they can hire agents who may represent them for playing professionally.
Read More:
NORTH CAROLINA
STATUS: ACTIVE
Name: EO 223
Passed: July 2, 2021
Effective: July 2, 2021
Notables:
- The Executive Order gives the power to the institutions to govern and offers framework that they may use in deciding their own policies
Read More:
OHIO
STATUS: ACTIVE
Name: Executive Order 2021-10D: Establishing the Duties of Colleges and Universities as to Name, Image, and Likeness Compensation of Student-Athletes
Passed: June 28, 2021
Effective: July 1, 2021
Notables:
- Bill passed both the house and senate but the Governor issued an executive order instead (SB 187 Allow intercollegiate athletes to earn compensation for names)
- May not enter into contracts if they are for controlled substances, medical marijuana, alcohol. Tobacco, e-smoking devices, vapor product, or anything related to nicotine. adult entertainment, casino or gambling activities
- Does not establish or grant a student athlete any right to use the name, trademarks, service marks, logos, symbols or other IP of their institution
- Athlete agent shall conform to R.C. Chapter 4771 and comply with the Sports Agent Responsibility and Trust Act established in 15 U.S.C. Section 7801
Read More:
OKLAHOMA
STATUS: ACTIVE
Name: SB 48
Passed: May 28, 2021
Effective: No later than July 1, 2023
Notables:
- Similar to Nebraska’s NIL bill, Oklahoma’s law allows schools to give athletes their NIL rights immediately.
- Contracts must be disclosed to schools within 72 hours or before the athlete’s next athletic event, whichever occurs first.
- Athletes can’t enter into contracts that have provisions that conflict with provisions in their team’s contact.
Read More:
OREGON
STATUS: ACTIVE
Name: SB 5
Passed: June 29, 2021
Effective: July 1, 2021
Additional Bill: SB 1505 (Passed: March 7, 2022, Effective: July 1, 2022)
Notables:
- Two bills impacting NIL
- Representative may not have represented an institution at any time in the proceeding 4 years
- (Second Bill) Individuals who create a college sports team jersey, video game or trading card for profit makes a royalty payment to the applicable student-athletes for the use of their NIL
Read More:
PENNSYLVANIA
STATUS: ACTIVE
Name: SB 381
Passed: June 30, 2021
Effective: June 30, 2021
Notables:
- Institution may not arrange 3rd party compensation
- Individuals who create a college sports team jersey, video game or trading card for profit makes a royalty payment to the applicable student-athletes for the use of their NIL
- Representation must be a state licensed agent, financial advisor, or lawyer. Someone who represents an institution may not represent a student athlete
- May not enter into deals for adult entertainment products and services, alcohol, casinos and gabling, tobacco and e-smoking products, prescription pharmaceuticals, controlled substance
- Disclose at least 7 days prior to the execution of the contract to an official at the institution designated by the institution
Read More:
SOUTH CAROLINA
STATUS: SUSPENDED
Name: S685: Intercollegiate Athletes’ Compensation for Name, Image, and Likeness
Passed: May 6, 2021
Effective: May 2022
Suspended: July 1, 2022
Notables:
- May only be for third-party endorsements, the athlete’s non-athletic work product, or activities related to a business that the athlete owns
- Such activities may not take place during the student’s academic, athletic, or team-mandated activities
- Compensation may not be earned for the endorsement of tobacco, illegal substances or activities, banned athletic substances, or gambling
- Suspended through June of 2023
Read More:
TENNESSEE
STATUS: ACTIVE
Name: HB 1351
Passed: May 11, 2021
Effective: January 1, 2022
Amended & Effective: April 20, 2022
Notables:
- Requires Tennessee colleges to conduct a financial literacy workshop for athletes new to the school.
- Students are prohibited from endorsing gambling, alcohol, tobacco, or adult entertainment products.
- Allows schools to prohibit the use of logos and other university trademarks in the endorsements
- (Amendment) Allows coaches to attend NIL events, for universities to be able to fundraise for NIL collectives, and for NIL representatives to make presentations on campus to recruits and players
Read More:
TEXAS
STATUS: ACTIVE
Name: SB 1385
Passed: June 14, 2021
Effective: July 1, 2021
Notables:
- Athletes may not endorse alcohol, tobacco products, e-cigarettes, anabolic steroids, sports betting, casino gambling, a firearm that the athlete can’t legally purchase, or a sexually oriented business.
- Requires athletes to attend a financial literacy workshop.
Read More:
VIRGINIA
STATUS: ACTIVE
Name: SB 223
Passed: April 11, 2022
Effective: July 1, 2022
Notables:
- No NIL deals for alcohol, adult entertainment, cannabis or cannabis related products, controlled substances, performance enhancing drugs, drugs, tobacco and tobacco products, weapons, and gambling and casinos
- Institution may earning compensation while student athlete is engaged in academic or team related activities
- Student athlete may not use institution facilities, apparel, equipment, uniforms or IP unless otherwise permitted
- Must be a licensed agent or attorney in the state of Virginia
Read More: