Effective July 1, 2021, all three divisions of the National Collegiate Athletic Association (NCAA) adopted an interim policy suspending preexisting name, image, and likeness (NIL) rules. While the NCAA continues to work with Congress to develop a more permanent solution that provides uniformity on a national level, all collegiate athletes are now able to profit from their name, image and likeness, regardless of whether legislation has been signed or has taken effect at the state level.
Subject to state law, the NCAA’s interim policy prohibits compensation:
When developing institutional policies that govern NIL, colleges and universities should be aware of state laws currently in effect as well as pending or proposed legislation.
Student athletes are subject to the rules of the state in which their school is located. Prospective student athletes should be familiar with the rules that apply where they plan to compete in college.
See below for state-specific regulations this map references. We will continue to update this article as states release new regulations.
House Bill (HB) 82, Alabama’s NIL bill, was signed into law by Governor Kay Ivey on April 20, 2021 and took effect on July 1, 2021.
Alabama postsecondary educational institutions authority are prohibited from:
Institutions must establish an athlete injury and wage fund, divided into a health savings account (HSA) and an athlete wage account that is funded by 15% of the revenue from athletic event ticket sales.
Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of their team’s contract. A team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.
Access HB 82 here.
On March 26, 2021, Governor Doug Ducey signed Senate Bill (SB) 1296, Arizona’s NIL bill, into law. According to the Arizona legislative process, the bill becomes effective 90 days after the Legislature closes business for the Regular Session. The 2021 legislative session ended April 24, 2021, meaning the bill took effect on July 23, 2021.
Any postsecondary education institution that competes in an intercollegiate sport must allow a student athlete to earn compensation from the use of the student athlete’s own name, image or likeness to the extent allowed by the relevant national association.
A student athlete may not be denied a scholarship, have a scholarship revoked or be deemed ineligible for a scholarship based on earning NIL compensation.
An athlete agent who advises or represents a student athlete in connection with earning NIL compensation must comply with the Uniform Athlete Agents Act.
The Act does not authorize student athletes to enter into a NIL contract if it:
Access SB 1296 here.
The Arkansas Student Athlete Publicity Rights Act, originally House Bill (HB) 1671 was signed into law by Governor Asa Hutchinson on April 21, 2021 and allows student athletes to receive compensation for the commercial use of their publicity rights effective Jan. 1, 2022.
Institutions of higher education in Arkansas are prohibited from:
A student athlete participating in varsity intercollegiate athletics is prohibited from earning compensation as a result of the commercial use of the student athlete’s publicity rights in connection with any person or entity related to or associated with the development, promotion, production, distribution or retailing of:
Student athletes are prohibited from entering into a contract for the commercial use of their publicity rights if the contract:
A student athlete may rescind a publicity rights contract without being held liable for breach of contract and with no obligation to return payments received if the student athlete is no longer:
A student athlete must disclose the existence of the publicity rights contract, including the contract terms, conditions, parties, and compensation amounts to their institution’s appointed official.
This act does not:
Access HB1671 here.
California became the first state to pass a law permitting student athletes to use their NIL rights for commercial purposes when Governor Gavin Newsom signed Senate Bill (SB) 206 into law on Sept. 30, 2019. The provisions of this law were set to take effect on Jan. 1, 2023 but a new bill has been introduced to move the effective date up to Sept. 1, 2021.
California postsecondary educational institutions, except community colleges, will be prohibited from:
Student athletes must disclose any NIL-related contract to their institution’s designated official and may not enter into contracts that conflict with a provision of their team’s contract. A team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.
Access SB206 here.
On March 20, 2020, Colorado Governor Jared Polis signed Senate Bill (SB) 20-123 into law. Although originally set to take effect on Jan. 1, 2023, the effective date was moved up to July 1, 2021.
Colorado institutions are prohibited from:
Institutions may sponsor on-campus athlete agent interviews at which an athlete agent may interview student athletes to discuss the athlete agent's representation of the student athletes in the marketing of the student athletes' athletic ability or reputation.
Student athletes are prohibited from entering into a contract providing compensation if the contract conflicts with a team contract. Institutions cannot enter into, modify or renew a team contract that prohibits a student athlete from using their NIL for commercial purpose when not engaged in official team activities.
Student athletes must disclose the contract to the institution’s athletic director within 72 hours after the student athlete enters into the contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first.
Access SB 20-123 here.
House Bill (HB) 6402 was signed into law by Governor Ned Lamont on June 30, 2021. Section 14 of the bill permits student athletes to earn compensation through endorsement contracts or employment in an activity that is unrelated to any intercollegiate athletic program and takes effect on or after Sept. 1, 2021 or the date on which an institution adopts or updates its policy, whichever is earlier.
Connecticut institutions of higher education are prohibited from:
Connecticut institutions of higher education must adopt one or more policies that include provisions for:
Provided they comply with the policy or policies adopted by their institution, student athletes are permitted to:
The bill does not:
Access HB6402 here.
On June 12, 2020, Florida Governor Ron DeSantis approved Senate Bill (SB) 646 allowing student athletes to earn compensation from the use of her or his name, image and likeness effective July 1, 2021.
Such compensation must:
State universities, Florida College System institutions and private colleges and universities are prohibited from:
A postsecondary institution must conduct a financial literacy and life skills workshop for a minimum of five hours at the beginning of the intercollegiate athlete’s first and third academic years. The workshop shall, at a minimum, include information concerning:
The workshop may not include any marketing, advertising, referral or solicitation by providers of financial products or services.
Student athletes must disclose any NIL-related contract to their institution’s designated official and may not enter into contracts that conflict with a provision of their team’s contract. A team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.
The duration of a contract for representation or NIL compensation may not extend beyond her or his participation in an athletic program at a postsecondary educational institution.
Access SB 646 here.
Georgia House Bill (HB) 617 was signed into law on May 6, 2021 and took effect on July 1, 2021. The provisions of Georgia’s law remain in effect until the earlier of:
Postsecondary institutions in Georgia (i.e., any unit of the University System of Georgia, any unit of the Technical College System of Georgia and independent or private colleges and universities located in Georgia) are prohibited from:
Institutions must conduct a financial literacy and life skills workshop for a minimum of five hours at the beginning of the student athlete's first and third academic years. The workshop must at a minimum, include information concerning:
The workshop shall also include information on time management skills necessary for success as a student athlete and available academic resources. The workshop may not include any marketing, advertising, referral or solicitation by providers of financial products or services.
Student athletes must disclose NIL contracts to the institution’s designated official.
Student athletes are prohibited from entering into a contract providing compensation if the contract conflicts with a team contract. Institutions cannot enter into, modify or renew a team contract that prohibits a student athlete from using their NIL for commercial purpose when not engaged in official team activities.
Team contracts may provide for a pooling arrangement whereby student athletes who receive NIL-related compensation agree to contribute a portion of the compensation they receive to a fund for the benefit of individuals previously enrolled as student athletes at the institution, provided that such an arrangement meets the following conditions:
Access HB 617 here.
Hawaii Senate Bill (SB) 2673 was introduced on Jan. 17, 2020, but not signed into law (it died in committee).
The bill proposed that postsecondary educational institutions be prohibited from:
Student athletes must disclose any NIL-related contract to their institution’s designated official and must not enter into a contract in conflict with a provision of the student athlete’s team contract.
Access Hawaii SB2673 here.
Illinois Governor JB Pritzker signed Senate Bill (SB) 2338 into law on June 29, 2021, permitting student athletes to earn compensation for the use of their name, image, likeness or voice effective July 1, 2021.
Illinois public and private institutions, including community colleges, are prohibited from:
No booster, third-party or other individual or entity may arrange for compensation to a prospective or current student athlete as an inducement to attend or enroll in a specific institution.
Institutions may:
Student athletes are prohibited from earning compensations in exchange for:
Student athletes are prohibited from entering into NIL contracts that:
Student athletes must disclose any NIL-related contract to their institution’s designated official within seven days of entering into a NIL agreement. Publicity rights contract equal to or in excess of $500 must be formalized in a written contract and provided to the institution prior to execution and before compensation is provided to the student athlete. Contracts may not extend beyond the student athlete’s participation in the sport at the institution.
Student athletes are not to be deemed an employee, agent or independent contractor of a postsecondary institution, athletic association or conference based on their participation in intercollegiate athletics.
The bill does not:
Under this act, postsecondary education institutions cannot be subject to a claim for damages of any kind, including but not limited to a claim for unfair trade or competition or tortious interference.
Access Illinois SB2338 here.
Iowa Senate File (SF) 245 was introduced on Feb. 3, 2021 but was not signed into law (it died in committee).
The bill proposed that regent institutions, community colleges and private postsecondary institutions in Iowa be prohibited from:
A person may not offer to enter into a NIL contract with a college athlete that requires the athlete to engage in in-person advertising for the person during official, mandatory team activities without approval from the athlete’s postsecondary educational institution. The terms of a team contract may not prevent an athlete from receiving NIL-related compensation for a commercial purpose when the athlete is not engaged in official team activities if such activities are recorded in writing and made publicly available. Official team activities may not exceed twenty hours per week during the athletic season and eight hours per week during the off-season.
A college athlete who enters into a contract providing compensation to the athlete for use of the athlete’s NIL rights or athletics reputation must disclose the full contract to the institution’s designated official.
Access SF 245 here.
Kansas House Bill (HB) 2264 was introduced on Feb. 8, 2021, but not signed into law.
The bill proposed that any public or private institutions in the state be prohibited from:
The institution may use the student athlete’s NIL rights or athletic reputation for the purpose of advertising and marketing related to the institution’s educational, athletic, academic, promotional and historic interest.
Student athletes must disclose any NIL-related contract to their institution’s designated official within five business days of the date of signature of the contract and must not enter into contracts that conflict with a provision of a contract entered into by the institution's department or an affiliated entity, including but not limited to a contract that requires the student athlete to display a sponsor's apparel.
This bill does not authorize prospective student athletes to negotiate, discuss or receive compensation for the use of their NIL rights or athletic reputation prior to the earlier of:
Access HB2264 here.
Kentucky Governor Andy Beshear signed an executive order on June 24, 2021 allowing student athletes to receive name, image and likeness compensation effective July 1, 2021.
Postsecondary educational institutions located in the Commonwealth of Kentucky are prohibited from:
An institution may:
An institution should:
The implementation of rules, policies or other directives for permitting or reasonably limiting student athletes’ ability to earn NIL-related compensation must be consistent with Title IX of the Education Amendments of 1972 and refrain from discrimination or treating individuals differently based upon race, sex, religion or other personal status protected under state or federal law.
Compensation may not be:
Access the executive order here.
Senate Bill (SB) 60, Louisiana’s NIL bill was signed into law by Governor John Bel Edwards on July 1, 2021 and took effect the same day.
Public and nonpublic postsecondary institutions in the state of Louisiana that receive or disburse any form of state student financial aid are prohibited from:
Institutions may prohibit a student athlete from using their NIL for compensation if the proposed use conflicts with either:
Institutions must conduct a financial literacy and life skills workshop for a minimum of five hours at the beginning of a student athlete’s first and third academic years. The workshop must include information concerning:
The workshop must not include any marketing, advertising, referral or solicitation by financial products or services providers.
Student athletes are prohibited from:
Student athletes must disclose NIL-related contracts to their institution in the manner designated by the institution.
A contract for compensation for the use of the NIL of a student athlete under the age of eighteen must be executed on the athlete’s behalf by a parent or legal guardian.
Access SB 60 here.
Maryland Senate Bill (SB) 439, named the Jordan McNair Safe and Fair Play Act after the University of Maryland football player who died in 2018, requires public institutions to adopt NIL- and health-related policies. Signed into law on May 18, 2021 by Governor Larry Hogan, the health provisions took effect July 1, 2021 while the NIL features are set to take effect on July 1, 2023.
Maryland public institutions are prohibited from:
An athletic program contract of a public institution of higher education may not prevent a student athlete from using the student athlete’s NIL for commercial purpose when the student athlete is not engages in official team activities. The athletic program contract may prohibit a student athlete from engaging in in-person advertising for a third-party sponsor during official and mandatory team activities without prior approval from the institution’s athletic department.
Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of their athletic program’s contract.
Nothing in this bill permits a student athlete the right to make commercial use of names, trademarks, logos or intellectual property owned or controlled by the institution.
Access Maryland SB 439 – Jordan McNair Safe and Fair Play Act here.
Massachusetts Senate Bill S.2454 was introduced but not signed into law (no further action has been taken after Jan. 5, 2021).
The bill proposed that public and private institutions of higher education, including community colleges, be prohibited from:
Each institution shall establish a catastrophic sports injury fund to provide a student athlete who suffers a career-ending or long-term catastrophic sports injury during an intercollegiate athletic competition or practice with compensation, as determined by the Board of Higher Education, upon his or her graduation. An independent healthcare provider not affiliated with the institution must verify the qualifying injury.
Student athletes must disclose any NIL-related contract to their institution’s appointed official and refrain from contracts that conflict with a provision of their team’s contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.
Access S.2454 here.
House Bill (HB) 5217, Michigan’s NIL bill, was signed into law by Governor Gretchen Whitmer on Dec. 30, 2020 and is set to take effect on Dec. 31, 2022.
Public and private postsecondary institutions in the state of Michigan are prohibited from:
A student is prohibited from entering into an apparel contract providing NIL-related compensation that requires the student to display a sponsor’s apparel, or otherwise advertise for a sponsor, during official team activities if the provision is in conflict with a provision of the student’s team contract. A team contract may not prevent a student from receiving compensation for using his or her NIL rights for a commercial purpose when the student is not engaged in official team activities.
A student must disclose a proposed opportunity or contract to the institution’s designated official at least seven days prior to committing to the opportunity or contract.
This law does not:
Access HB 5217 here.
Minnesota House Bill (HB) 3329 was introduced on Feb. 13, 2020 but was not signed into law (it died in committee).
The bill proposed that institutions governed by the Board of Trustees of the Minnesota State College and Universities, private postsecondary institutions that offer in-person courses on a campus located in Minnesota and institutions governed by the Board of Regents of the University of Minnesota be prohibited from:
College athletes may not enter into an apparel contract providing compensation to the athlete for use of the athlete's NIL rights that requires a student to display a sponsor's apparel or otherwise advertises for the sponsor during official team activities if such provisions are in conflict with a provision of the athlete's team contract. A team contract must not prevent a college athlete from receiving compensation for using the athlete's NIL rights for a commercial purpose when the athlete is not engaged in official team activities.
College athletes must disclose NIL-related contract to the institution’s designated official.
Access HB 3329 here.
Senate Bill (SB) 2313, Mississippi’s NIL bill, now known as the “Mississippi Intercollegiate Athletics Compensation Rights Act,” was signed into law by Governor Tate Reeves on April 16, 2021 and took effect on July 1, 2021.
Mississippi public universities, community colleges and private universities and colleges are prohibited from:
An institution may:
Student athletes are prohibited from entering into a contract for NIL-related compensation:
A student athlete must:
Third-party licensees are prohibited from entering into a NIL agreement with a student athlete:
Student athletes are not to be deemed an employee, agent or independent contractor of a postsecondary institution, athletic association or conference based on their participation in intercollegiate athletics.
A contract for the use of a student athlete's NIL may not extend beyond the student athlete's participation in the sport at the institution.
Access SB 2313 here.
On July 14, 2021, Missouri Governor Mike Parsons signed House Bill (HB) 297 allowing student athletes to earn compensation as a result of the use of the student’s name, image, likeness rights or athletic reputation effective Aug. 28, 2021.
Postsecondary education institutions are prohibited from:
Postsecondary educational institutions that enter into commercial agreements that directly or indirectly require the use of a student athlete's name, image, likeness or athletic reputation must:
An institution's athletic program’s contract cannot prevent a student athlete from receiving compensation for using the student athlete's NIL rights or athletic reputation for a commercial purpose when the athlete is not engaged in official mandatory team activities that are recorded in writing and can be made publicly available upon request.
Student athletes are prohibited from entering into an apparel, equipment or beverage contract providing NIL-related compensation if:
Student athletes must disclose NIL contracts to his or her postsecondary educational institution in a manner prescribed by the institution.
Access HB 297 here.
Senate Bill (SB) 248, Montana’s NIL bill, was signed into law by Governor Greg Gianforte on April 30, 2021 and is set to take effect on June 1, 2023.
Public and private colleges and universities in the state of Montana are prohibited from:
The institution may:
The bill does not prohibit an institution from establishing or enforcing a conduct code that is applicable to all students enrolled at the unit.
Student athletes may not enter into a contract that provides NIL-related compensation if terms of the contract conflict with the student athlete’s team rules or with terms of a contract between the student athlete’s institution and a third party. The team rules or a contract entered into between the institution and a third party may not prevent a student athlete from earning NIL-related compensation when not engaged in official team activities.
Student athletes must disclose NIL contracts to an official of the institution if the student athlete is a team member, or if the student athlete is not a team member, at the time the student athlete seeks to become a team member.
Access SB 248 here.
Legislative Bill (LB) 962, Nebraska’s NIL bill, now known as the Nebraska Fair Pay to Play Act, was signed into law by Governor Pete Ricketts on July 21, 2020 and is set to take effect no later than July 1, 2023.
Nebraska’s postsecondary institutions are prohibited from:
Student athletes are prohibited from entering into a contract with a sponsor that provides NIL-related compensation if:
Student athletes must disclose any NIL contracts to the institution’s designated official. The designation must be communicated in writing to each student athlete at the institution.
An athlete agency contract must be in a record, signed or otherwise authenticated by the parties and contain:
An athlete agent may not:
Access LB 962 here.
Assembly Bill (AB) 254, Nevada’s NIL bill, was signed into law by Governor Steve Sisolak on June 3, 2021 and is set to take effect on Jan. 1, 2022.
An institution is prohibited from:
An institution may:
A contract entered into may not conflict with any provision of a contract between the student athlete and the institution in which they are enrolled. A prospective student athlete must disclose previous or existing NIL-related contracts to the institution before signing a letter of intent with the institution.
A student athlete must disclose NIL-related contracts to the institution.
Access AB 254 here.
New Hampshire House Bill (HB) 1505 was introduced on June 16, 2020 but not signed into law (it died in chamber).
The bill proposed that postsecondary educational institutions, including community colleges, be prohibited from:
Student athletes must disclose any NIL-related contract to their institution’s designated official and are prohibited from entering into an apparel contract that requires a student to display a sponsor’s apparel or otherwise advertise for the sponsor during official team activities if such provisions are in conflict with a provision of the athlete’s team contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.
Access HB 1505 here.
The New Jersey Fair Play Act (NJ S971), approved by Governor Phil Murphy on Sept. 14, 2020 and applicable in the fifth academic year following enactment, allows collegiate student athletes to earn compensation for the use of their NIL.
New Jersey four-year institutions of higher education are prohibited from:
Student athletes are prohibited from earning NIL-related compensation in connection with the following areas:
Earning compensation in connection with any of the above areas will result in revocation of the student athlete’s institutional scholarship eligibility.
Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of their team’s contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities. The institutional team contract must allow the institution, athletic association, conference or other group or organization with authority over intercollegiate athletics to use the student athlete’s NIL for advertising and marketing purposes without additional compensation paid to the student athlete.
Access NJ S971 – New Jersey Fair Play Act here.
Originally Senate Bill (SB) 94, and now known as the Student Athlete Endorsement Act, was signed into law by Michelle Lujan Grisham on April 7, 2021 and took effect on July 1, 2021.
Postsecondary educational institutions with a physical site in New Mexico are prohibited from:
A third party must not offer a student athlete a contract to provide compensation to the student athlete that requires a student athlete to advertise for the sponsor in person during official, mandatory team activities without the approval of the student athlete's postsecondary educational institution.
Access SB 94 here.
Senate Bill (SB) S6722B, also called the New York Collegiate Athletic Participation Compensation Act, was introduced to the New York State Senate on Sept. 16, 2019 but has not been passed into law as of this date. If approved, this act will take effect Jan. 1, 2023.
The bill proposes that colleges and universities (community colleges are exempt), athletic associations, conferences or other organizations with authority (e.g., the NCAA) are prohibited from:
Institutions must establish a sports injury health savings account (HAS) and a wage fund, which is funded by 15% of the revenue earned from a college’s athletics program.
Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of the athlete’s team contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.
Access SB S6722B – New York Collegiate Athletic Participation Act here.
North Carolina Governor Roy Cooper signed an executive order on July 2, 2021 allowing student athletes to receive name, image and likeness compensation effective the same day.
Postsecondary institutions may not compensation student athletes for the use of their NIL.
Institutions may, but are not required to:
Institutions are encouraged to provide financial literacy and life-skill programs to student athletes, including educational workshops on time management and budgeting.
A student athlete’s representative relating to any agreement for use of his or her NIL rights must comply with the North Carolina Athlete Agent Act and federal Sports Agent Responsibility and Trust Act.
Student athletes may not enter into contracts or receive compensation for the use of their NIL as a direct inducement to enroll or continue enrollment at a particular institution, for purposes of participating in the institution’s athlete program or as compensation for performance, participation or service in an intercollegiate sport.
Access the executive order here.
On June 28, 2021, Ohio Governor Mike DeWine signed an executive order, originally introduced as Senate Bill (SB) 187, allowing college athletes to earn compensation from their NIL effective July 1, 2021.
Ohio state institutions of higher education and private colleges are prohibited from:
An institution may prohibit student athletes from earning NIL-related compensation associated with the following areas:
Student athletes who intend to enter into a verbal or written contract providing NIL-related compensation must disclose the proposed contract to their institution’s designated official. Student athletes must not enter into a contract that requires the student to display a sponsor's product or otherwise advertise for a sponsor during official team activities or any other time if that requirement is in conflict with a provision of a contract to which the institution is a party. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.
The bill does not:
Access SB 187 here.
House Bill (HB) 1994, Oklahoma’s NIL bill, was signed into law by Governor Kevin Stitt on May 25, 2021 and took effect immediately.
Institutions within The Oklahoma State System of Higher Education and private educational institutions are prohibited from:
Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of the athlete’s team contract.
Access HB 1994 here.
Senate Bill (SB) 5, Oregon’s NIL bill, was signed into law by Governor Kate Brown on June 29, 2021 and took effect on July 1, 2021.
Oregon public and private institutions are prohibited from:
This bill does not prohibit an institution from establishing or enforcing a conduct code that is applicable to all students enrolled at the institution.
Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with the athlete’s team rules or with the terms of a contract entered into between the student athlete’s institution and a third party. Neither the team rules nor a contract entered into between the institution and a third party may prevent a student athlete from earning compensation for use of the student athlete’s NIL when not engaged in official team activities. This may include participating in or being part of an advertisement that was created while not engaged in official team activities but that may otherwise be broadcasted, displayed or disseminated at any time.
Article XX-K of Pennsylvania Senate Bill (SB) 381, signed by Governor Tom Wolf on June 30, 2021, and effective as of July 1, 2021, allows student athletes at Pennsylvania colleges and universities to profit from their NIL provided that compensation is commensurate with the student’s market value and is not contingent upon the student athlete’s attendance, participation or performance at a particular institution.
Pennsylvania public and private institutions are prohibited from:
A person that produces a college team jersey, video game or trading card for the purpose of making a profit must make a royalty payment to each student athlete whose NIL or other individually identifiable feature is used.
The bill does not:
Student athletes are prohibited from earning NIL-related compensation in connection with the following areas:
An institution may also prohibit an athlete’s involvement in NIL activities that conflict with existing institutional sponsorship arrangements or institutional values. Colleges and universities may create policies that specify which NIL activities student athletes may or may not engage in.
A student athlete who proposes to enter into a contract providing NIL-related compensation must disclose the contract at least seven days prior to execution to their institution’s designated official.
Access Article XX-K of SB 381 here.
Rhode Island House Bill (HB) 7806 was introduced on Feb. 26, 2020 but not signed into law (it died in committee).
The bill proposed that public and private postsecondary educational institutions be prohibited from:
Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of the athlete’s team contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.
Access more information on HB 7806 here.
On May 6, 2021, Governor Henry McMaster signed Senate Bill (SB) 685, South Carolina’s NIL bill, into law. Intercollegiate athletes may receive compensation for the use of their NIL for third-party endorsements, the athlete's non-athletic work product or activities related to a business that the athlete owns.
The South Carolina law is set to take effect on July 1, 2022.
Postsecondary educational institutions, including technical or comprehensive educational institutions, are prohibited from:
The institution may:
The institution must disclose known prohibitions for the use of an intercollegiate athlete's name, image or likeness at the time that an athlete is admitted to the institution or when the athlete signs a financial aid agreement or team contract.
Student athletes are prohibited from:
Student athletes must:
All NIL contracts must provide for an unequivocal ten-day revocation period for the athlete and may not extend beyond an athlete's participation in an athletic program.
Access SB685 here.
On May 11, 2021, Governor Bill Lee signed House Bill (HB) 1351, Tennessee’s NIL bill, into law. The Tennessee law is set to take effect on Jan. 1, 2022.
Four-year public or private institutions, excluding an institution governed by the board of regents of the state university and community college system, are prohibited from:
An institution must:
An institution may:
An entity whose purpose includes supporting or benefitting the institution or its athletic program (e.g., boosters) may not compensate or cause compensation to be provided to a current or prospective intercollegiate athlete for the athlete's name, image or likeness if the arrangement is contingent on the athlete's enrollment or continued participation at an institution.
Student athletes may not enter into a NIL agreement if it conflicts or unreasonably competes with the terms of an existing agreement entered into by the institution. The agreement may not be in effect any longer than the duration of the athlete’s participation in an athletic program at an institution.
Student athletes are also prohibited from involvement in NIL activities that promote:
A student athlete may:
Student athletes must disclose any agreement and the terms of such agreement to the institution and file annual reports with the institution. The report must include:
Access HB 1351 here.
On June 14, 2021, Governor Greg Abbott signed Senate Bill (SB) 1385, Texas’ NIL bill, into law. The law took effect on July 1, 2021.
General academic teaching institutions and private institutions of higher education in Texas are prohibited from adopting or enforcing a policy that prevents a student athlete from:
An institution must require student athletes to attend a financial literacy and life skills workshop at the beginning of the student’s first and third academic years at the institution. The workshop must be at least five hours in duration and include information on financial aid, debt management, time management, budgeting and academic resources available to the athlete. The institution may not allow any provider of financial products or services to:
Before entering into a NIL contract, student athletes must disclose any NIL-related contract to their institution’s designated official.
Student athletes may not enter into a contract for the use of their NIL if:
Access SB1385 here.
Vermont Senate Bill (SB) 328 was introduced on Dec. 30, 2019 but not signed into law (it died in committee).
The bill proposed that any publicly or privately operated postsecondary institution within the state be prohibited from:
Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of the athlete’s team contract.
Access S.328 here.
On Aug. 10, 2021, Virginia Governor Ralph Northam passed House Bill (HB) 7001 as part of the budget proposal. The NIL law took effect immediately.
Public and private institutions of higher education in Virginia are prohibited from:
An institution may prohibit a student athlete from earning NIL compensation:
Student athletes may not:
Student athletes must disclose NIL agreements prior to execution and in a manner designated by the student athlete’s institution.
Access HB 7001 here.
Washington House Bill (HB) 1084 was introduced on Jan. 14, 2019 but was not signed into law (it died in committee).
The bill proposed that any student may:
No person may:
Access HB 1084 here.
West Virginia House Bill (HB) 2583 was introduced on Feb. 17, 2021 but was not signed into law (it died in committee).
The bill proposed that West Virginia universities and colleges that provide scholarships to students to participate in intercollegiate athletics be prohibited from:
Student athletes must disclose any NIL-related contract to their institution’s appointed official and refrain from contracts that conflict with a provision of their team’s contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.
Access HB2583 here.
NCAA adopts interim name, image and likeness policy, National Collegiate Athletic Association
NIL legislation has not been proposed in the following states: Alaska, Delaware, Idaho, Indiana, Maine, North Dakota, South Dakota, Utah, Wisconsin and Wyoming.
Compliance departments are navigating NIL in real-time as student athletes are already signing deals. Evaluate your institution's preparedness to address challenges, develop policies governing NIL that comply with your state's regulations and support the success of your student athletes. Respondents will receive a digital copy of our survey findings and guidance to manage NIL.
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For more information, or to learn more about how Baker Tilly can help higher education institutions and student athletes with the changing NIL landscape and compliance, contact our team.
