State Regulation

Arizona

Senate Bill 1296 was passed in March 2021 and went into effect on July 23, 2021. Key points include:

  • NIL Rights: Arizona's SB 1296 allows college athletes in the state to earn compensation from the use of their name, image, and likeness.

  • Activities Allowed: Student-athletes can engage in activities like endorsements, social media influencing, personal appearances, and autograph sessions, without losing their athletic eligibility.

  • Institutional Involvement: The bill prohibits universities from compensating their athletes directly for their NIL or using NIL as a recruiting tool. However, schools can provide education on NIL and facilitate deals indirectly through third parties or collectives.

  • Disclosure: Athletes are required to disclose any NIL deals to their educational institution, ensuring transparency and compliance with both state law and NCAA rules.

  • No Pay for Play: The legislation explicitly states that athletes cannot be paid for athletic performance or participation directly by the school, maintaining the amateur status of college sports

Arkansas

House Bill 1671 in Arkansas, known as the Arkansas Student-Athlete Publicity Rights Act, was passed during the 2021 legislative session. Key findings and provisions include:

  • NIL Rights for College Athletes: It allows college athletes in Arkansas to profit from their name, image, and likeness. This includes endorsements, personal appearances, and signing autographs, among other activities.

  • Compensation: Athletes can receive compensation for their NIL without affecting their scholarship status or eligibility to play, provided they comply with the institution's policies and NCAA guidelines.

  • Disclosure: Athletes must disclose any NIL deals to their educational institution within 72 hours of signing such deals.

  • Prohibitions: The bill prohibits institutions from compensating athletes directly for their NIL or using NIL as an inducement for enrollment. It also prevents schools from revoking scholarships based solely on an athlete's decision to engage in NIL activities.

  • School Involvement: While schools cannot directly pay athletes for their NIL, they can assist in facilitating deals, providing education on financial literacy, and ensuring athletes understand the contract they are entering into.

  • Effective Date: This law went into effect on January 1, 2022.

California

Senate Bill 26, which was enacted in 2021. Key provisions include:

  • Expansion of NIL Rights: SB 26 expanded the rights granted under the earlier Senate Bill 206 (the Fair Pay to Play Act) by moving up the implementation date from January 1, 2023, to September 1, 2021, for four-year institutions, and it also extended these rights to community college athletes.

  • NIL Compensation: It allows student-athletes to earn compensation from their name, image, and likeness, including endorsements, social media influencing, personal appearances, and more, without forfeiting their athletic eligibility.

  • Professional Representation: Athletes can hire agents or representatives for contracts related to their NIL.

  • No Institutional Compensation: Schools, athletic associations, or conferences cannot directly pay athletes for their NIL rights or use these rights as recruitment incentives.

  • Scholarship Protection: An athlete's scholarship cannot be revoked based on their earning from NIL activities.

  • Disclosure and Conflict: Athletes must disclose any NIL contracts to their institution. These contracts cannot conflict with team obligations or university agreements.

  • Collectives and Transparency: More recently, Senate Bill 906 was introduced to bring transparency to NIL deals, particularly those facilitated by collectives. It requires disclosure of compensation details to the universities but doesn't change the core NIL rights established by previous legislation.

Colorado

Senate Bill 20-123 was passed in March 2020 and went into effect on September 1, 2021.

Key points:

  • NIL Rights: SB 20-123 grants college athletes the right to profit from their name, image, and likeness. This includes opportunities like endorsements, personal appearances, and social media deals without affecting their eligibility or scholarship status.

  • Professional Representation: Athletes are allowed to hire agents or attorneys to represent their interests in securing and negotiating NIL contracts.

  • Disclosure: Athletes must disclose any NIL contract to their school's athletic director within 72 hours of signing or before their next scheduled athletic event, whichever comes first.

  • No Pay for Play: The bill prohibits schools and conferences from directly compensating athletes for their athletic performance or potential. It also prevents schools from using NIL deals as recruiting inducements.

  • Contractual Conflicts: Athletes cannot enter into NIL contracts that conflict with existing team contracts, but team contracts cannot prevent athletes from engaging in NIL activities outside of official team activities.

  • Institutional Policies: While the legislation allows for athletes to earn from their NIL, schools can still set policies that athletes must follow regarding these activities, as long as they do not outright prevent athletes from earning compensation.

Colorado

Senate Bill 20-123 was passed in March 2020 and went into effect on September 1, 2021.

Key points:

  • NIL Rights: SB 20-123 grants college athletes the right to profit from their name, image, and likeness. This includes opportunities like endorsements, personal appearances, and social media deals without affecting their eligibility or scholarship status.

  • Professional Representation: Athletes are allowed to hire agents or attorneys to represent their interests in securing and negotiating NIL contracts.

  • Disclosure: Athletes must disclose any NIL contract to their school's athletic director within 72 hours of signing or before their next scheduled athletic event, whichever comes first.

  • No Pay for Play: The bill prohibits schools and conferences from directly compensating athletes for their athletic performance or potential. It also prevents schools from using NIL deals as recruiting inducements.

  • Contractual Conflicts: Athletes cannot enter into NIL contracts that conflict with existing team contracts, but team contracts cannot prevent athletes from engaging in NIL activities outside of official team activities.

  • Institutional Policies: While the legislation allows for athletes to earn from their NIL, schools can still set policies that athletes must follow regarding these activities, as long as they do not outright prevent athletes from earning compensation.

Connecticut

House Bill 6402, with subsequent amendments by Senate Bill 20.

Key Provisions:

  • House Bill 6402 (2021):

    • NIL Rights: This bill allows college athletes in Connecticut to earn compensation from their name, image, and likeness through endorsement contracts or employment activities unrelated to their intercollegiate athletic program.

    • Effective Date: The law went into effect on September 1, 2021.

    • Professional Representation: Student-athletes are permitted to hire agents or attorneys for NIL deals.

    • Disclosure: Athletes must disclose their NIL deals to their institutions.

    • Prohibitions: Institutions cannot compensate athletes directly for their NIL or use it as a recruiting tool, and they cannot prevent athletes from engaging in these activities.

  • Senate Bill 20 (2022):

    • Amendments: This bill amended House Bill 6402, notably by allowing student-athletes to use their school's name, logo, mascot, or other institutional marks in their NIL deals, which was previously prohibited.

    • Effective Date: The amendment took effect on July 1, 2022.

    • Institutional Policies: Each institution must adopt policies regarding student athlete endorsement contracts, employment activities, and the use of institutional marks.

Delaware

Senate Bill 297, which was enacted in November 2022.

Key Provisions:

  • NIL Rights: Senate Bill 297 allows student-athletes to earn compensation from the use of their name, image, and likeness without losing their eligibility to participate in intercollegiate athletics or impacting their scholarships.

  • Effective Date: The law went into effect on January 1, 2023.

  • Professional Representation: Student-athletes are permitted to hire agents for representation in securing NIL deals, but these agents must be registered with the state.

  • Disclosure: Athletes must disclose their NIL contracts to their educational institution, ensuring transparency and compliance with school policies and NCAA guidelines.

  • No Pay for Play: Institutions are prohibited from directly paying athletes for their athletic performance or potential. This bill does not allow schools to use NIL opportunities as a recruiting tool.

  • Contractual Conflicts: Athletes cannot enter into contracts that conflict with team contracts, school contracts, or conference agreements.

  • Educational Support: The law mandates that institutions provide financial literacy and life skills education to student-athletes to help them navigate the complexities of NIL deals.

Florida

House Bill 7B was signed into law by Governor Ron DeSantis on February 16, 2023 and superseded Florida’s previous NIL Law, Senate Bill 646 (see below for further detail of previous bill).

Key provisions:

  • NIL Rights Expansion: House Bill 7B significantly modifies Florida's previous NIL law by removing restrictions that prohibited schools, coaches, or other institutional personnel from facilitating or causing compensation to be directed to athletes for their name, image, and likeness.

  • Facilitation by Schools: This amendment allows Florida universities to help facilitate NIL deals for their athletes, aligning the state's law more closely with practices in states without such restrictions, enhancing the competitive landscape for Florida's colleges in recruiting.

  • No Direct Payment: Despite the facilitation changes, schools are still prohibited from directly paying athletes or using NIL compensation as a recruiting incentive, which would violate NCAA rules.

  • Disclosure: Athletes are still required to disclose their NIL contracts to their educational institutions, ensuring transparency.

  • Educational Workshops: The law mandates that universities conduct financial literacy, life skills, and entrepreneurship workshops for athletes, with a requirement for at least two such workshops before graduation.

  • Liability Protection: The bill includes provisions to protect coaches and institutions from liability when making routine decisions that might affect an athlete's ability to earn from their NIL (like benching or suspension).

  • Effective Date: This legislation took effect immediately upon signing, on February 16, 2023.

The previous Name, Image, and Likeness (NIL) law in Florida before House Bill 7B was Senate Bill 646, signed into law in June 2020 and effective from July 1, 2021. Here are the key elements of this legislation:

  • NIL Rights: Allowed intercollegiate athletes to earn compensation for the use of their name, image, and likeness (NIL).

  • Compensation Restrictions: Compensation could only be provided by third parties unaffiliated with the athlete's school. It prohibited schools, coaches, or related entities from "causing compensation" to be directed to athletes, which was intended to maintain a clear separation between amateur athletics and professional sports.

  • Recruitment and Performance: Compensation could not be offered in exchange for athletic performance or attendance at a specific institution, maintaining the amateur nature of college sports.

  • Disclosure: Athletes were required to disclose any NIL contracts to their schools, ensuring transparency.

  • Professional Representation: Athletes could engage licensed agents or attorneys for securing NIL compensation, but schools could not unduly restrict this process.

  • Contractual Conflicts: The law prohibited athletes from entering into NIL contracts that conflicted with terms of their team contracts.

  • Educational Requirements: Schools were required to provide financial literacy and life skills workshops to athletes.

  • Scholarship Protection: Athletes' scholarships could not be reduced or revoked based on their earning from NIL activities.

This law positioned Florida as one of the early states to allow athletes to profit from their NIL, but it was seen as more restrictive compared to later enactments in other states, particularly because of the prohibition on school involvement in facilitating deals. This led to the introduction and eventual passage of House Bill 7B to modify these aspects, allowing schools to play a more active role in NIL opportunities while still adhering to NCAA rules against direct payment or pay-for-play arrangements.

Georgia

The most recent significant legislation regarding Name, Image, and Likeness (NIL) for college athletes in Georgia is an Executive Order signed by Governor Brian Kemp on September 17, 2024. Here's what you need to know:

  • Direct Compensation: This executive order allows Georgia schools to directly compensate athletes for their name, image, and likeness (NIL). This is a significant change from previous state laws and NCAA rules which prohibited direct payments from the schools.

  • Protection from NCAA: The order explicitly prohibits the NCAA or any athletic conference from taking adverse actions against Georgia schools for assisting athletes with NIL payments. This gives Georgia schools legal cover to pay athletes directly without fear of NCAA sanctions.

  • No State Funds: However, the executive order specifically states that state funds cannot be used for this compensation.

  • Anticipation of NCAA Changes: This move comes as the NCAA is expected to lift its prohibition on direct NIL payments through a pending antitrust settlement, which would start in the 2025-26 academic year. Georgia's executive order positions the state ahead of this anticipated change.

Prior to this executive order, the most notable piece of legislation was House Bill 617, signed into law in May 2021, with the following key points:

  • NIL Rights: Allowed college athletes to earn compensation for the use of their name, image, or likeness, effective from July 1, 2021.

  • Pooling Option: Unique to Georgia, this law gave schools the option to require athletes to share up to 75% of their NIL compensation into a pooled fund. However, major schools like the University of Georgia decided not to use this option, allowing athletes to keep 100% of their earnings.

  • Educational Requirement: Schools were mandated to provide at least five hours of financial literacy and life skills education to athletes.

  • Professional Representation: Athletes were permitted to hire professional representation like agents or attorneys for NIL deals.

  • Disclosure: Athletes had to report their NIL deals to their schools, ensuring compliance with NCAA rules at the time.

The executive order from 2024 represents a dramatic shift, moving from a model where schools could only indirectly benefit athletes through education or by not implementing the pooling option, to one where schools can directly compensate athletes for their NIL. This change aligns Georgia with Virginia, which enacted a similar law earlier in 2024, providing a competitive edge in recruiting and athlete compensation in an evolving NCAA landscape.

Illinois

House Bill 1560, which was signed into law in June 2021 by Governor J.B. Pritzker. Here's a summary of the key provisions:

  • NIL Rights: HB 1560 allows intercollegiate athletes in Illinois to earn compensation from their name, image, and likeness. This includes opportunities like endorsements, personal appearances, and social media sponsorships without affecting their eligibility or scholarship status.

  • Effective Date: The law went into effect on July 1, 2021.

  • Professional Representation: Athletes are permitted to hire agents or attorneys to negotiate NIL deals, but these professionals must be licensed in Illinois or in another state if representing an athlete from outside Illinois.

  • Disclosure: Athletes must disclose any NIL deals to their educational institution within 7 days of entering into the agreement.

  • No Pay for Play: The legislation prohibits schools, athletic associations, or conferences from directly compensating athletes for their athletic performance or participation. It also prevents schools from using NIL as a recruiting tool.

  • Contractual Conflicts: Athletes cannot enter into NIL contracts that conflict with existing team contracts, school policies, or conference agreements.

  • Educational Support: Schools are required to provide financial literacy, life skills, and entrepreneurship education to athletes to help them manage their earnings and understand the legal implications of their NIL activities.

  • Institutional Policies: Institutions can establish their own policies regarding athlete participation in NIL activities, but these cannot unduly restrict an athlete's ability to earn compensation.

One notable aspect of Illinois' approach is the focus on education and support for athletes to navigate their new rights responsibly. This law was part of a wave of state legislation that responded to the growing recognition of athletes' rights to profit from their own name, image, and likeness, aligning with broader national trends.

Kentucky

Senate Bill 6, signed into law by Governor Andy Beshear on March 9, 2022. Here's a summary of its key aspects:


  • NIL Rights: SB 6 allows college athletes in Kentucky to earn compensation from the use of their name, image, and likeness without affecting their scholarship or eligibility status.

  • Executive Order Background: Before this bill, an executive order signed by Governor Beshear on June 24, 2021, temporarily allowed Kentucky athletes to profit from their NIL, which this legislation made permanent.

  • Disclosure: Athletes must submit their potential NIL agreements to a designated school official for approval, ensuring no conflicts with school policies or NCAA rules.

  • Privacy: NIL contracts are not subject to the Kentucky Open Records Act, protecting them from public disclosure.

  • University Guidelines: Schools can set their own policies regarding NIL but cannot directly compensate athletes or use NIL as a recruiting tool. Universities are also required to provide financial literacy and life skills workshops.

  • Liability: The law provides immunity from liability for school employees related to the approval or disapproval of NIL agreements.

  • Prohibitions: Athletes cannot use school logos, uniforms, or intellectual property in their NIL deals without permission. Endorsements of products like tobacco, alcohol, gambling, or adult entertainment are generally restricted by university policy.

  • Agent and Professional Services: Athletes can secure professional representation for their NIL activities.