As the NIL space develops, rules and laws continue to evolve. Three states have passed or are trying to pass new NIL rules that would drastically change NIL. Let's take a look.
Florida
The Florida High School Athletic Association (FHSAA) released a proposal that would allow high school students to pursue NIL. The proposed bylaw change includes the following restrictions:
- No deals with adult entertainment companies, controlled substances, cannabis, gambling, etc.
- Schools and boosters can assist with forming, identifying, and offering NIL deals.
- NIL cannot be used to recruit.
- Athletes who violate the bylaws will be punished. The first violation results in a warning, termination of the agreement, and returning funds received from the deal. The second violation results in one year of ineligibility. The third violation results in eligibility for the rest of the athlete's high school career.
South Carolina
South Carolina is on the verge of passing a new ammendment. It is currently on the governor's desk awaiting his signature. The amendment includes:
- Compensation will not be based on athletic performance and is based on NIL.
- A school, director, or employee may identify, create, and facilitate NIL deals for athletes.
- A college may grant an athlete permission to use its trademarks and facilities during NIL activities.
- Colleges cannot use their own funds to pay an athlete for the use of their NIL.
Virginia
Some claim the Virginia NIL law is the most progressive yet. Governor Glenn Youngkin signed the bill back in April, and it goes into effect July 1. The law includes:
- Universities CAN directly compensate their athletes for the use of their NIL.
- The NCAA and conferences are prevented from punishing a school's involvement in NIL.
- Universities can negotiate deals for athletes.
- Universities can work directly with collectives.
- Universities cannot use funds from student fees (i.e. tuition) to pay athletes.
Be sure to stay up-to-date on all NIL laws in your state. They are always changing.
The content provided here is not legal advice. It's essential to consult a qualified legal professional for specific legal matters as laws vary by jurisdiction and can change. Every legal situation is unique, and acting solely based on this information is not advisable.
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