How NIL legislation varies on a state-by-state basis

Pete Nakos07/08/22
Article written by:On3 imagePete Nakos


On3 image

When the NCAA installed its interim NIL policy on July 1, 2021, a new age of college athletics began. The day also marked the tipping point of a years-long lead up. While some states opted to wait out the NCAA’s move, others rushed to craft their own state legislation in time after California Senate Bill 206 passed in Sept. 2019, which started a domino effect. 

A year after the first day of NIL, the landscape is far from a clear picture. If anything, it still is changing day-by-day. Some states chose to not propose their own legislation ahead of the NCAA’s decision and have since installed their own. Others have amended their earlier laws, making them less restrictive to suit the collective-driven world of NIL. 

And there are still a handful of states who have not made a move or have not had success in passing proposed legislation, choosing to stick with the NCAA’s guidelines. Over 500,000 athletes are now accessible for business to use as marketing tools. But each player now has to navigate a separate list of regulations depending on what state their school is in and what policies the institution may have. 

On3 has compiled a full list of what NIL legislation looks like on a state-by-state basis for high school and college student-athletes. 

States with NIL access for high school students

Governing Body: Alaska School Activities Association

Governing Rule: 2021-22 ASAA Handbook – Article 8, Amateurism

Notes: The ASAA allows high school athletes to monetize their NIL rights as long as there’s “no school team, school, ASAA Region or ASAA affiliation” in a commercial endorsement.

Governing Body: California Interscholastic Federation

Governing Rule: 2021-22 CIF Constitution and Bylaws – 212, Amateur Status

Notes: California was the first state to allow high school athletes to enter into NIL agreements. Athletes can agree to commercial endorsements as long as the endorsement isn’t affiliated with the athlete’s school or team.

Governing Body: Colorado High School Activities Association

Governing Rule: 2021-22 CHSAA Constitution and Bylaws – 2000 Amateur Status, 2010 Awards

Notes: NIL activities are permitted thanks to a CHSAA amendment from the spring of 2022. Athletes aren’t allowed to use school marks, IP or equipment in connection with NIL activities.

Governing Body: Connecticut Interscholastic Athletic Conference

Governing Rule: 2020-21 CIAC Handbook – 4.5 Amateur Athletic Guidelines

Notes: The CIAC’s Amateur Athletic Guidelines allow athletes to enter into NIL agreements and be represented by an attorney or agent. Athletes can’t use school marks in connection with their NIL and they must disclose their agreements.

Governing Body: District of Columbia State Athletic Association

Governing Rule: 2022-23 DCSAA Handbook — Section H

Notes: The latest DCSAA handbook states its amateur rules aren’t “intended to restrict the right of any student to participate in a commercial or marketing endorsements” provided there’s no school logos or apparel. Players must notify the DCSAA of all deals.

Governing Body: Idaho High School Activities Association

Governing Rule: 2022-2023 IDHSAA rules – Rule 8

Notes: IDHSAA rules and regulations has changed its rules for 2022-23, allowing athletes to participate in commercial endorsement. No affiliation of school team, school, league, district is allowed.

Governing Body: Iowa High School Athletic Association

Governing Rule: 2022-2023 IHSAA handbook – Guidance on Name, Image and Likeness

Notes: The IHSAA changed its rules for the 2022-23 academic year. Iowa now allows athletes to turn a profit, as long as deals are not contingent on athletic performance, an inducement or provided by the school.

Governing Body: Kansas State High School Activities Association

Governing Rule: KSHSAA Handbook 2021-22 – Rule 21

Notes: The KSHSAA handbook allows high school athletes to monetize their NIL rights but athletes can’t identify themselves in connection with their school in commercial activities.

Governing Body: Louisiana High School Athletic Association

Governing Rule: LHSAA 2021-22 Handbook – 1.25 Maintaining Amateur Status, 7.2 School Awards

Notes: The LHSAA released a statement in April 2022 that said its bylaws allow high school athletes to monetize their NIL rights. A partnership with Eccker Sports also provides athletes with educational resources for NIL.

Governing Body: Maine Principal Association

Governing Rule: MPA 2021-22 Handbook – Section 2, Student Eligibility

Notes: At its 2022 spring meeting, the MPA membership approved a policy allowing athletes to engage in NIL. The policy restricts student-athletes from using school logos, engaging in NIL activities during team activities and partnering with a list of vice industries.

Governing Body: Massachusetts Interscholastic Athletic Association

Governing Rule: MIAA Rules and Regulations Governing Athletics — Section 47.1.3

Notes: The MIAA Board of Directors ruled in August that high school athletes can profit off their NIL. They but cannot, however, use school logos, apparel or the MIAA name/logo in any NIL activity. Contract details must be disclosed to the school. Alcohol, tobacco and adult content deals are all prohibited.

Governing Body: Minnesota State High School League

Governing Rule: 2021-2022 MSHSL Handbook – 201 Amateur Status, 204 Awards

Notes: The MSHL amended its regulations in June, allowing athletes to profit off their NIL. NIL activities must not interfere with an athlete’s academic obligations. A student must not miss practice, games or other team obligations for NIL. Student-athletes are prohibited from promoting gambling, alcohol, tobacco, drugs or weapons.

Governing Body: Nebraska School Activities Association 

Governing Rule: 2021-22 NSAA Handbook – 3.7 Amateur Rule 

Notes: New rules in Dec. 2021 allowed student-athletes to profit off their NIL in Nebraska.

Governing Body: New Jersey State Interscholastic Athletic Association

Governing Rule: Bylaw Amendment – Article V, Section 2

Notes: The NJSIAA passed regulations allowing athletes to profit in Nov. 2021. They’ve been allowed since Jan. 1, 2022. Students are prohibited from referencing NJSIAA or using school logos in endorsements. Certain categories are prohibited.

Governing Body: New York State Public High School Athletic Association 

Governing Rule: 2022 NYSPHSAA Handbook – Section 2

Notes: The NYSPHSAA changed its rules in Oct. 2021 to allow student-athletes to turn a profit on their NIL. Athletes are prohibited from appearing in their school uniform in any endorsement.

Governing Body: North Dakota High School Activities Association

Governing Rule: July 2022 NDHSAA Constitution – Article VIII: Amateurism, Article IX: Awards 

Notes: NDHSAA policy passed in June allows student-athletes to utilize their NIL. Athletes are prohibited from the use of school uniforms or school logos in NIL activities. Booster clubs are also not allowed to be involved in NIL activities.

Governing Body: Oklahoma Secondary School Activities Association

Governing Rule: Guidelines regarding NIL

Notes: Current OSSAA guidelines allow student-athletes to turn a profit without losing their amateur status. Neither school nor association marks — logos, names and mascots, for example — can be used in association with NIL activities. Member schools’ facilities can’t be used in an NIL-related activity, either. Compensation may not be secured due to athletic achievement.

Governing Body: Utah High School Activities Association 

Governing Rule: UHSAA 2022-23 Handbook – Section 6

Notes: The UHSAA approved new rules in Jan. 2022, allowing athletes to profit off their NIL. The 2022-23 handbook has now been released with the policy. Athletes are prohibited from wearing school uniforms in NIL activities.

State-by-state breakdown of NIL laws

Status: Repealed

Governing Rule: House Bill 404 was repealed by House Bill 76 

Notes: In Feb. 2022, Alabama Gov. Kay Ivey signed into law a bill that repealed the state’s NIL legislation that Ivey had signed in April 2021.

Status: No Proposed Legislation

Notes: Alaska is one of a handful of states that’s without proposed NIL legislation, much less an enacted law.

Status: Enacted

Governing Rule: Senate Bill 1296

Notes: In March 2021, Arizona Gov. Doug Ducey signed into law Senate Bill 1296, which allows athletes to earn compensation from their NIL and prevents schools from denying or revoking a scholarship based on an athlete earning NIL compensation.

Status: Enacted

Governing Rule: Arkansas House Bill 1671

Notes: Arkansas House Bill 1671 established the Arkansas Student-Athlete Publicity Rights Act. Athletes are prohibited from earning compensation related to products or industries including adult entertainment, alcohol, casinos and gambling. The act allows for civil remedies if there’s a violation.

Status: Enacted

Governing Rule: California Senate Bill 206

Notes: California Senate Bill 206 was passed in September 2019, starting a domino effect of states that passed NIL laws that took effect sooner than SB206’s original implementation date of Jan. 1, 2023.

Status: Enacted

Governing Rule: Colorado Senate Bill 20-123

Notes: Colorado Senate Bill 20-123 has passed but won’t take effect until Jan. 1, 2023. The state law says anyone providing legal representation must be a licensed attorney. Institutions will be able to hold on-campus interviews for athletes and prospective agents.

Status: Enacted

Governing Rule: House Bill 6402 with amendment Senate Bill 20 

Notes: Connecticut requires universities to adopt policies for athletes to disclose a copy of each NIL contract or agent contract, as well as to identify prohibited industries for endorsements. On July 1, 2022, a new law — Senate Bill 20 — took effect, removing the prohibition on athletes using institutional marks, such as names, logos and mascots. However, schools aren’t required to allow athletes to use these marks.

Status: No Legislation Proposed

Notes: There is no state legislation regarding NIL in Delaware.

Status: Legislation Proposed

Bill Proposed: Bill 24-0456 

Notes: In Nov. 2021, Councilmember Phil Mendelson introduced a council bill regarding NIL. As of June 2022, it has only progressed 25 percent of the way through the legislative process. Institutions would be allowed to help athletes determine if an NIL activity is permissible, with disclosure, and in providing a “good-faith evaluation” of an agent or third party.

Status: Enacted

Governing Rule: Senate Bill 646

Notes: The passage of Senate Bill 646, which took effect July 1, 2021, helped prompt the NCAA to announce its interim NIL policy that took effect the same day. One clause says an institution, its employees and an entity that benefits the institution cannot “cause compensation to be directed to” a current or prospective athlete. Two bills were introduced to remove this prohibition but they died in subcommittees in March 2022.

Status: Enacted

Governing Rule: House Bill 617

Notes: Georgia state law uniquely allows for team contracts that provide a pooling arrangement where athletes can’t be required to contribute more than 75 percent of their NIL earnings to be shared with previously enrolled athletes at their school. No schools, however, have acted upon this clause.

Status: Legislation Proposed in Previous Session 

Notes: Hawaii hasn’t passed any NIL legislation. House Bill 1681 was introduced in 2020 with a proposed effective date of Jan. 1, 2021 but it died in committee. Another bill was introduced in March 2020 but it also died in committee.

Status: Enacted and Amended

Governing Rule: House Bill 1175 amended Senate Bill 2338

Notes: In May, Illinois House Bill 1175 amended the Student-Athlete Endorsement Rights Act by allowing institutions to arrange for a third party to provide compensation to athletes. While NCAA rules prevent pay-for-play and inducements to attend a specific school, Illinois’ latest amendment removed a prohibition of conditional compensation on attendance at a particular school.

Status: No Proposed Legislation

Notes: There isn’t any state legislation regarding NIL in Indiana, which is home to the NCAA’s headquarters.

Status: Legislation Proposed in Previous Session 

Notes: A bipartisan bill that was introduced in Feb. 2021 died in chamber.

Status: Legislation Proposed in Previous Session 

Proposed Rule: Kansas House Bill 2264

Notes: Kansas House Bill 2264 died in May 2022.

Status: Enacted

Governing Rule: Senate Bill 6 turns Executive Order into law

Notes: In March 2022, Kentucky Gov. Andy Beshear signed Senate Bill 6, which turns an executive order he signed in 2021 into law. The law says an entity or individual can’t promise compensation for NIL to induce an athlete to enroll at a school in the state. It also says an institution can’t “direct compensation to be given” for the use of an athlete’s NIL.

Status: Enacted and Amended

Governing Rule: Senate Bill 60 amended Senate Bill 250

Notes: Louisiana Gov. John Bel Edwards signed SB 60 into law in June. The revised NIL legislation allows coaches and school personnel in Louisiana to facilitate deals for its student-athletes. The law includes a provision that NIL contracts between companies and athletes that are shared with the school shall remain private and confidential.

Status: Enacted

Governing Rule: Legislative Document 1893

Notes: Maine Gov. Janet Mills signed Legislative Document 1893 into law on March 31, 2022. The bill covers the same characteristics as most other state laws and went into effect immediately following Mills’ signature. The law stipulates a student-athlete may not be considered an employee of a university based on the student’s participation in athletics.

Status: Enacted

Governing Rule: House Bill 125

Notes: Titled the “Jordan McNair Safe and Fair Play Act,” Maryland’s NIL law includes health and safety requirements along with rights of publicity into one act. The bill is effective until July 1, 2023. Unrestrictive compared to other states, Maryland institutions are given the freedom to create their own policies.

Status: Legislation Proposed in Current Session

Proposed Rule: Massachusetts Senate Bill 2813

Notes: For the second-straight legislative session, a NIL bill has been introduced to the Massachusetts State Legislature. As of July 1, 2022, there has been no new movement. The proposed Massachusetts Senate Bill 2813 is standard compared to other state laws. Institutions in the Bay State currently follow the NCAA’s interim policy.

Status: Enacted

Governing Rule: Michigan House Bill 5217

Notes: The law is not set to impact student-athletes until Dec. 31, 2022. Yet, it is still making a difference as institutions are allowed and have already enacted NIL policies for their athletes. The bill itself was first introduced to state legislators in Dec. 2020.

Status: Legislation Proposed in Previous Session

Proposed Rule: Minnesota House Bill 3329

Notes: Minnesota House Bill 3329 has been introduced, but the NCAA’s interim policy acts as the current regulation in the state.

Status: Enacted and Amended

Governing Rule: Senate Bill 2690 amended Senate Bill 2313

Notes: Mississippi does not allow athletes to appear with their team’s logo or uniform unless they have received written permission to do so. There are bans on NIL deals within certain industries, like gambling. The state took another step in April 2022 with the passage of Senate Bill 2690, allowing schools to be involved in athletes’ deal conversations.

Status: Enacted

Governing Rule: Senate Bill 718

Notes: Missouri chose to sit on the sidelines and see how things shuffled out. In June 2022, the state passed NIL legislation. The bill allows schools to have a more active role in NIL activities. The new law allows coaches and school personnel to assist in opportunities. This law takes effect Aug. 28, 2022.

Status: Enacted

Governing Rule: Senate Bill 248

Notes: Montana also took the slow approach with the law not taking effect until June 1, 2023. Still, universities in the state have been allowed to enact their own policies. The most notable piece of the Montana bill allows for schools to serve as an agent for the student-athlete.

Status: Enacted and Amended

Governing Rule: Legislative Bill 1137 amended Legislative Bill 962

Notes: Nebraska was the fourth state to enact NIL legislation, yet the effective date is still a year away. The bill does not become law until July 1, 2023. On top of that, there is an opt-in policy written into the legislation, allowing universities to adopt NCAA policy or recognize the state law early. While Creighton applied the law on day one of NIL, Nebraska is waiting out and abiding by its own NIL policy until 2023.

Status: Enacted

Governing Rule: Assembly Bill 254 

Notes: Enacted in time for July 1, 2021, Nevada’s NIL legislation is one of the least restrictive. Other than allowing its institutions to create its own policies, the bill prohibits NIL contracts from violating any contract signed between the school and student-athlete.

Status: Legislation Proposed in Previous Session

Notes: New Hampshire House Bill 1505 was introduced to legislators in June of 2020. There has been no push to enact a state law. The NCAA’s interim policy is currently in effect in the Granite State.

Status: Enacted

Governing Rule: Senate Bill 971 could be fast-tracked by Assembly Bill 2322

Notes: The New Jersey Fair Play Act was one of the first pieces of NIL legislation to be enacted, but the state has set their effective date later than any other. Not set to be put into action until Aug. 1, 2025, there is traction gaining around Assembly Bill 2322 which could impact the NIL front, specifically in regard to income tax. If this was enacted, it would be effective immediately.

Status: Enacted

Governing Rule: Senate Bill 94

Notes: Put into effect on July 1, 2021, there is not much that sets New Mexico’s NIL legislation apart from others. But there is one unique clause. A school cannot prohibit or discourage a student-athlete from wearing the footwear of their choice during official team activities, including games and practices. This opens the possibility for NIL-related apparel deals which are largely restricted in other states.

Status: Enacted

Governing Rule: Senate Bill S5891F

Notes: New York’s “Collegiate Athletic Participation Compensation Act” recently passed through both chambers and was signed into law by Gov. Kathy Hochul in November 2022. During the discussion portion of the bill, assembly leaders misrepresented what the NCAA’s latest guidance says about collectives. One representative even went as far to say this bill would ban collectives, which would seemingly put universities at a significant disadvantage. Conferences are prohibited from providing NIL opportunities in the law, but that isn’t any different from what the NCAA put out in its latest clarification.

Status: Enacted

Governing Rule: Executive Order No. 223

Notes: The Governor of North Carolina issued an Executive Order, which was enacted on July 2, 2021. With pressure from institutions and major players to make a move, the order leaves much of the decision making on facilitation of deals and trademarks to schools in their policies.

Status: No Legislation Proposed

Notes: North Dakota is one of a handful of states that’s without proposed NIL legislation, much less an enacted law. High school athletes in the state are allowed to monetize their NIL, though.

Status: Enacted

Governing Rule: Executive Order 2021-10D

Notes: Another Executive Order situation, the Ohio Governor enacted his in time for July 1, 2021. Ohio State University officials played a major role in pushing this through, especially since a bill was held up at the legislative level. The order places a lot of value on a school’s individual policy.

Status: Enacted

Governing Rule: Senate Bill 48

Notes: Very similar to Nebraska’s law, Oklahoma has an opt-in policy. All schools in the state must adopt this by July 1, 2023. The bill provides a strict prohibition from engaging in activities using school logos, involving sports wagering or banned substances, or with supporting entities of the university.

Status: Enacted

Governing Rule: Senate Bill 5 with added amendment Senate Bill 1505 

Notes: Senate Bill 5 serves as the state of Oregon’s general NIL legislation. The state opted to put the discretion to the schools to create policies of their own. But Senate Bill 1505, which went into effect on July 1, 2022, requires the for-profit producers of jerseys, video games and trading cards to pay royalties to athletes for the use of their NIL.

Status: Enacted

Governing Rule: Senate Bill 381

Notes: Under SB 381, athletes must disclose any potential NIL deals “at least seven days prior to execution of the contract to an official of the institution of higher education, who is designated by the institution of higher education.” Athletes are also banned from promoting alcohol, adult entertainment, tobacco and controlled substances.

Status: Legislation Proposed in Current Session

Proposed Rule: House Bill 6673 

Notes: One of several New England states without NIL legislation in place, House Bill 6673 looks to change that. The Rhode Island House passed it on June 1, 2022. If enacted, it would not be put into effect until Jan. 1, 2023. The bill prohibits use of school marks or vice industry endorsements.

Status: Suspended

Notes: After enacting an extremely restrictive bill, a year later South Carolina legislators are now going to look over it again. Included in the state’s 2022-23 fiscal year budget was a provision to suspend the state’s NIL law.

Status: No Legislation Proposed 

Notes: South Dakota is one of a handful of states that’s without proposed NIL legislation. The NCAA’s interim NIL policy is the law of the land.

Status: Enacted and Amended

Governing Rule: Senate Bill 2392 amends House Bill 1351 

Notes: Gov. Bill Lee signed an amendment to Tennessee’s NIL legislation in April. The amendment rewrote the original bill, making several noteworthy changes. Collectives can work with college coaches and athletic officials. The new law removes the institutional involvement prohibition and allows athletic department employees to become part of the NIL process. Collective are also allowed to participate in the recruiting process.

Status: Enacted

Governing Rule: Senate Bill 1385

Notes: One of the most restrictive state laws in the nation, Texas included provisions within their act to prevent student-athletes using school logos, among others. There’s been plenty of frustrations shared, and the Texas legislative cycle inhibits any major amendment activity unless a special session were to be called.

Status: No Proposed Legislation

Notes: The NCAA’s interim policy and updated guidelines are the current regulations in place for the state. Utah joins a handful of states without proposed NIL legislation.

Status: Legislation Proposed in Previous session

Notes: S.328 was introduced and read to the Vermont state senate in January 2020. Since then it has died in the Committee on Education. The state is using the NCAA’s interim NIL policy as its current regulation.

Status: Enacted

Governing Rule: Senate Bill 223

Notes: Virginia became the 30th state to enact an NIL law with Senate Bill 223. At the same time when signing the bill into law, the Virginia Governor also struck down a house bill that would have allowed high school athletes to monetize their NIL.

Status: Legislation Proposed in Previous Session

Notes: Senate Bill 5942 is currently sitting in the Washington State chambers. Despite following many of the qualities of common NIL laws, there has been no recent movement surrounding the bill.

Status: Legislation Proposed in Previous Session

Notes: West Virginia House Bill 2583 was introduced on Feb. 17, 2021. From there the legislation died in West Virginia’s Committee on Education. For now, universities in the state abide by the NCAA’s interim NIL policy.

Status: No Proposed Legislation 

Notes: No bill has been proposed but state politicians have been actively discussing introducing language on NIL.

Status: No Proposed Legislation  

Notes: Wyoming is one of 10 states that have not introduced NIL legislation.