NIL LEGISLATION

STATE BY STATE CURRENT LEGISLATION



NIL legislation is constantly changing, so it is critically important that athletes stay current on what is happening where they live and where they go to school.  This list is updated regularly, but please make sure you check with your institution before entering into any NIL agreements to ensure you stay compliant.  The information listed here is a great resource to get general information about what is and is not allowed in your state.  These are laws that apply to college athletes only! 

STATE

BILL NAME

EFFECTIVE DATE

HIGHLIGHTS & LINK

ALABAMA

NONE:  REPEALED ON 2/3/2022

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ALASKA

NONE

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ARIZONA

SB1296

Collegiate athletics; compensation

7/23/2021

  • Athletes cannot sign contracts that conflict with their teams contract(s),
  • Protects athletes frp, denial of scholarship or eligibilty if they receive NIL income.
  • Does not require disclosure of contracts
  • Prevents athletes from entering contracts with any entities intellectual property rights.
  • Defines agent licensing requirements.

SB1296 Link


ARKANSAS


AR HB 1671

Arkansas Student-Athlete

Publicity Rights Act

7/23/2021

  • Athletes cannot promote themselves during team activities, including games and practices.
  • Contracts cannot conflict with institutional contracts
  • Athletes can hire representation that is licensed in Arkansas
  • Athletes are required to disclose terms, conditions, parties and compensation to the university
  • Athletes cannot endorse adult entertainment, alcohol, casinos, drugs or weapons.

AR HB 1671 Link


CALIFORNIA

SB 206/SB26

Fair Pay to Play Act


9/1/2021 (Amended)

  • Only applies to athletes at 4 year institutions
  • Prohibits NIL deals that undermine institutions existing endorsements.

SB26 Link



COLORADO

SB-123: Compensation and Representation of Student-Athletes

1/1/2023

  • Prevents athletic associations from creating legislation to restrict an athlete's ability to monetize their NIL rights.
  • Athletes can hire representation, they must be a licensed attorney.
  • Athletes cannot enter agreements that conflict with existing team contracts
  • Athletes must disclose any signed agreement to the institution within 72 hours.

SB-123 Link


CONNECTICUT

HB6402:  Compensation and Representation of Student Athletes

7/1/2022 (Amended)

  • Requires institutions to create policies

HB6402 Link


DELAWARE

NONE

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DISTRICT OF COLUMBIA

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3/8/2023

  • Allows athletes in the District of Columbia to earn compensation from NIL agreements.
  • Prohibits the use of institutions name, trademark, service mark, logo, uniform design, or other identifier in their NIL activity.
  • Prohibits endorsing illegal activities, alcohol, tobacco, other controlled substances, steriods, sports betting and gambling, firearms, and adult entertainment.
  • Athletes must disclose contracts of $300 or more, or an aggregate of $2000 in a calendar year to a designated individual or office at the institution.
  • Institutions must provide education on NIL agreements and compesation, debt management, financial literacy and life skills, budgeting, time management, and an understanding of income taxes, contracts, and predatory lending practices.

FLORIDA

SB646:  Intercollegiate Athlete Compensation and Rights

7/1/2021

  • Compensation cannot be based on performance or attendance at a specific institution.
  • Any attorney representing an athlete must be in good standing with the Florida Bar.
  • Agreements cannot go beyond an athletes eligibility
  • Institutions are required to conduct financial literacy and life skills workshops that include financial aid, debt management and budgeting.
  • Athletes cannot enter into agreements that conflict with the terms of their program.

SB646 Link


GEORGIA

HB617:  Postsecondary education; student-athlete may receive compensation for use of NIL

7/1/2021

  • Institutions are allowed to "pool" up to 75% of an athlete's NIL earnings to be distributed amongst all eligible athletes after graduation.
  • Contracts cannot conflict with institutions contracts or policies.
  • Institutions are required to conduct a five-hour financial literacy and life skills workshop at the beginning of student athletes' first and third years.
  • Students can hire agents to negotiate on their behalf.

HB617 Link


HAWAII

NONE

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IDAHO

NONE

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ILLINOIS

SB 2338

5/20/2022 (Amended)

  • Allows institutions to help arrange compensation and publicity for athletes.
  • Restricts athletes from entering into contracts with gambling organizations, performance supplements, adult entertainment, or any other product or service that is reasonably inconsistent with the values or mission of the institution, or that negatively impacts the institution or program.
  • Institutions are encouraged to provide life skills workshops
  • Contract terms may be for the term the athlete attends an institution.

SB 2338 Link


INDIANA

NONE

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IOWA

NONE

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KANSAS

NONE

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KENTUCKY

Executive Order

7/1/2021

  • Recommends institutions provide financial literacy, social media, and brand management, and time management education resources for athletes.
  • Institutions can create reasonable limits and rules related to when students can do their NIL work.
  • Allows institutions to stop NIL agreements they feel are incompatible or a detriment to the institution. 

Executive Order Link


LOUISIANA

SB60

6/10/2022 (Amended)

  • Representatives must be registered or licensed by the state
  • Duration of deals cannot exceed beyond the athletes participation in the program at the institution.
  • NIL deals cannot conflict with the institutions contracts or values.
  • Institutions and boosters may facilitate and compensate deals with athletes.

SB 60 Link


MAINE

LD 1893:  An Act Regarding the Use of a Student Athlete's NIL or Autograph

3/31/2022

  • Student athletes are not considered employees
  • Student athletes can earn compensation from selling autographs.

LD 1893 Link


MARYLAND

SB 439: Jordan McNair Safe and Fair Play Act

7/1/2023

  • The schools are mandated to adopt guidelines to prevent, assess, and treat brain injury, heat illness, rhabdomyolysis, and other serious sports related conditions.
  • Colleges can prohibit athletes from conducting in-person advertising for a third party sponsor during official or mandatory team activities.

SB 439 Link


MASSACHUSETTS

NONE

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MICHIGAN

HB 5217 & HB 5218

12/31/2022

  • Athletes can sign NIL deals, hire agents and attorneys, and accept gifts without risk of punishment.
  • Athletes must disclose any NIL deal to the institution a minimum of seven days prior to commitment. 
  • Restricts the use of intellectual property or name of the institution in conjunction with athlete NIL activities.

HB 5217 Link

HB 5218 Link


MINNESOTA

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1/1/2023

  • Institutions cannot create any rule, requirement or other limitation on students from fully participating in athletics and earning NIL compensation
  • Athletes can retain professional representation


MISSISSIPPI

SB 2313:  Mississippi Intercollegiate Athletics Compensation Rights Act

7/1/2021

  • Allows institutions to create reasonable limitations on endorsement activities by student athletes.
  • Athletes may hire an agent but must give notice at least seven days prior
  • Requires disclosure of NIL deals to their institution before the effective date of the contract.

SB 2313 Link


MISSOURI

HB 297

6/16/2022 (Amended

  • Educational institutions that allow commercial agreement must conduct financial development programs for athletes
  • Coaches and schools can help identify and assist athletes to earn compensation from third parties for the use of their NIL


MONTANA

SB 248

7/1/2023

  • Athletes must disclose NIL agreements to a school official.
  • Athletes are prohibited from entering contracts that conflict with the team rules or their institutions contracts.
  • Applies to both 2 and 4 year institutions.

SB 248 Link


NEBRASKA

LB962:  Nebraska Fair Pay to Play Act

4/18/2022 (Amended)

  • Athletes must disclose a detailed account of all NIL agreements to their institution.
  • Athletes are prohibited from conducting NIL activities during team activities.
  • Athletes cannot enter into contracts that conflict with their institutions contracts.
  • Institutions may prohibit contracts that conflict with the mission of the school
  • Athletes cannot use the intellectual property of the institution.
  • Schools may offer education and training to athletes to aid them in understanding NIL opportunities.

LB 962 Link


NEW MEXICO

SB 94:  Student Athlete Endorsement Act

7/1/2021

  • No state university can punish or take away scholarship funds from athletes who monetize their NIL.
  • Athletes cannot conduct NIL activities during games or use official team gear
  • They can use representation fro NIL activities, but that does not include hiring agents for playing professionally.

SB 94 Link


NEVADA

AB 254

1/1/2022

  • Athletes must disclose all contracts.
  • Institutions may require education in contracts, financial literacy, or any other subject deemed necessary to prepare the athlete to participate in NIL.
  • A committee will be appointed by the legislature to study the use of NIL.

AB 254 Link


NEW HAMPSHIRE

NONE

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NEW JERSEY

NJ S971:  New Jersey Fair Play Act

2024-2025 Academic Year

  • Protects athletes eligibility and ability to monetize their NIL rights, and allows athletes to hire agents.
  • Prohibits endorsing adult entertainment, alcohol, gambling, tobacco, pharmaceuticals, controlled "dangerous" substances, and weapons.
  • Prohibits deals that conflict with institutions deals.
  • Team contracts are allowed to use athletes NIL for advertising without additional compensation to the athlete.
  • Athletes must disclose deals to the institution.

NJ S971 Link


NEW MEXICO

SB 94:  Student Athlete Endorsement Act

7/1/2021

  • No state university can punish or take away scholarship funds from athletes who monetize their NIL.
  • Athletes cannot conduct NIL activities during games or use official team gear
  • They can use representation fro NIL activities, but that does not include hiring agents for playing professionally.

SB 94 Link


NEW YORK

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6/30/2023 (Amended)

  • Athletes may obtain professional or legal representation that is registered with the state.
  • Athletic agents must comply with the federal Sports Agent Responsibility Act
  • NCAA D1 programs must offer student athlete assistance programs
  • Athletes must disclose potential NIL deals prior to execution.
  • Prohibits deals that conflict with the teams contract, violates the code of conduct, conflicts with institutional contracts or sponsors, or causes financial loss to the institution.
  • Prohibits the use of institutional IP
  • Prohibits display of products, logos, etc. during team activities
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NORTH CAROLINA

EO 223

7/2/2021

  • Executive Order giving institutions the power to govern NIL and offers an optional framework to be used to create their own policies.

Executive Order Link


NORTH DAKOTA

NONE

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OHIO

EO 2021-10D:  Establishing the Duties of Colleges and Universities as to NIL Compensation of Student Athletes

7/1/2021

  • Athletes cannot use the name, trademarks, service marks, logos, symbols, or other IP of their institution
  • Prohibits deals for controlled substances, medical marijuana, alcohol, tobacco, e-smoking devices, vapor products, or anything related to nicotine, adult entertainment, casinos or gambling.
  • Athlete agents must comply with R.C. Chapter 4771 and U.S.C. 15 Section 7801: Sports Agent Responsibility and Trust Act

Executive Order Link


OKLAHOMA

SB 48

7/1/2023

  • Athletes must disclose contracts within 72 hours or prior to the athlete's next athletic event, whichever occurs first.
  • Athletes cannot enter into contracts that conflict with their teams contracts.

SB 48 Link


OREGON

SB 5 & SB 1505

7/1/2022

  • Representatives may not have represented an institution in the previous 4 years (SB 5)
  • Entities who create team jerseys, video games, or trading cards for profit must make NIL payments to the athletes. (SB 1505)

SB 5 Link

SB 1505 Link

PENNSYLVANIA

SB 381

6/30/2021

  • Institutions may not arrange third party compensation.
  • Representation must be a state licensed agent, financial advisor or attorney.  Anyone who represents an institution may not represent an athlete.
  • Prohibits deals for adult entertainment, alcohol, casinos and gambling, tobacco and e-smoking products, prescription pharmaceuticals, and controlled substances.
  • Must disclose all deals at least seven days prior to the execution of the contract to a designated official at the institution.
  • Entities who create team jerseys, video games, or trading cards must pay NIL royalties to the student athletes.

SB 381 Link


RHODE ISLAND

NONE

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SOUTH CAROLINA

S685

5/7/2024 (Amended)

  • Institutions can directly or through third parties, identify, create, solicit, facilitate and enable NIL opportunities for enrolled athletes
  • Institutions can grant athletes rights to use trademarks and facilities
  • NIL agreements are limited to athlete's eligibility
  • Agents cannot receive more than 20% of the NIL contract value
  • NIL compensation must be from a separate source and not for performance or attendance at an institution.

SOUTH DAKOTA

NONE

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TENNESSEE

HB 1351

1/1/2022

  • Requires Tennessee institutions to conduct financial literacy workshops for new athletes to the school.
  • Prohibits deals endorsing gambling, alcohol, tobacco, or adult entertainment.
  • Institutions can prevent the use of logos and other trademarks in NIL endorsements.
  • Allows coaches to attend NIL events, universities to fundraise for collectives, and for NIL representatives to make presentations to athletes and recruits on campus.


TEXAS

SB 1385

7/1/2021

  • Athletes are required to attend a financial literacy workshop
  • Prohibits endorsing alcohol, tobacco, e-cigarettes, anabolic steriods, sports betting, casino gambling, a firearm that the athlete cannot legally purchase, or a sexually oriented business.

SB 1385 Link


UTAH

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5/1/2024

  • Institutions must provide written acknowledgement whether student NIL agreement conflicts with institution policy or provisions of the NIL law.
  • Defines NIL deals as contracts between a student and a third party that is not an institution.

VERMONT

NONE

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VIRGINIA

SB 223

7/1/2022

  • Prohibits 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.
  • Institutions may earn compensation while the student is engaged in academic or team activities.
  • Student may not use institutions facilities, apparel, equipment, uniforms or other IP unless otherwise permitted.
  • Representatives must be a licensed agent or attorney in Virginia

SB 223 Link


WASHINGTON

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6/6/2024

  • Establishes requirement to comply with national, nonprofit member organizations to be responsible for oversight of college sports at state institutions.
  • Clarifies state law does not prohibit the use of public resources by an employee of a state institution of higher education to benefit any athlete with regards to advising, facilitating, acknowledgement, or education of NIL related matters.

WEST VIRGINIA

NONE

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WYOMING

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