With the possibility of federal legislation looming, states have not slowed their progress to permit student-athletes enrolled in colleges and universities from receiving payment for the use of their names, images, and likenesses (“NIL”).  The laws enacted vary somewhat from state-to-state, but the common themes permit student-athletes to be paid for the use of their names, images, and likenesses, to hire representatives to represent student-athletes’ interests, and student-athletes may not be compelled to forfeit their rights in order to participate in intercollegiate athletics.  At present, the following states have NIL legislation in place:

• Alabama
• Arizona
• Arkansas
• California
• Colorado
• Florida
• Georgia
• Maryland
• Michigan
• Mississippi
• Montana
• Nebraska
• Nevada
• New Jersey
• New Mexico
• South Carolina
• Tennessee

It is expected that the governors of Missouri and Texas will sign their respective NIL bills any day.  Many other states have pending NIL bills that are expected to pass.

The following states’ legislation takes effect on July 1, 2021:

• Alabama
• Florida
• Georgia
• Mississippi
• New Mexico
• Texas (once signed)

The winner for most interesting provision in an NIL law goes to Georgia.  The Georgia law permits colleges and universities to require student-athletes to contribute no more than seventy-five percent (75%) to a “pooling arrangement” to contribute a “portion of the compensation they receive pursuant to [team contracts] to a fund for the benefit of individuals previously enrolled as student-athletes in the same postsecondary educational institution as such student-athlete….”  The major institutions in Georgia, including the University of Georgia and the Georgia Institute of Technology, have publicly indicated that they will not require student-athletes to contribute any such amounts to a pool of funds.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com .