Laws on the books: state NIL and college-athlete laws

Overview · Protect College Sports Act · Laws on the books · Conference rules

Every state plus D.C., with the college-athlete law in force there as of 2026-10-15: the statute, when it took effect, later amendments and what it says on school pay, revenue sharing, disclosure, agents, banned deal types, confidentiality and employee status.

At a glance: 33 states have a college NIL law in force (D.C. also has one according to one tracker, which another disputes). 1 state (North Carolina) has only an agent and public-records statute. 16 states have no operative law, including Georgia (its law expired June 30, 2025) and Alabama (repealed 2022). 16 rows were checked against legislature or official text; 16 rows note disagreements between sources.

Federal preemption: The Protect College Sports Act (S. 4668) passed the Senate 77-22 on Sept. 28, 2026 and is pending in the House. If enacted, it would set national rules on athlete pay, eligibility, transfers and agents and preempt state NIL laws that conflict with it. Until then, the state laws below apply alongside the House settlement and NCAA/College Sports Commission rules.

How to read this table: “Key provisions” lists only what the cited sources summarize; a missing item means it was not summarized, not that the law is silent. Verification: primary = checked against the legislature or official text; cross-checked = two trackers agree; otherwise see the CONFLICT note. Primary trackers: The Drake Group/Brooklyn Law School database (Oct. 2026) and Athlete Agent Labs (2026), cross-checked with MultiState and state legislature sites. Not legal advice.

Status 51 rows

State	Status	Law / citation	Enacted / effective	Later amendments & history	Key provisions	Verification	Sources
Alabama	No state NIL law (2021 law repealed 2022)	—	—	SB 272 (2021) was repealed by HB 76, signed Feb. 3, 2022. The Alabama Athlete Agents Regulatory Act still governs agents. 2025 bills (e.g. HB 489, high school) died.	Agent rules: Alabama Athlete Agents Regulatory Act (Ala. Code § 8-26B-1 et seq.) still applies	cross-checked	[Burr & Forman] [Athlete Agent Labs]
Alaska	No state NIL law	—	—	—	—	cross-checked Not listed in the Drake database; AAL lists no statute.	[Athlete Agent Labs] [The Drake Group Education Fund]
Arizona	NIL law	Ariz. Rev. Stat. § 15-1892 Original bill: SB 1296	Enacted 2021 Effective July 23, 2021	SB 1615, amended May 7, 2025 (per Drake)	School direct pay / facilitation: Prohibited for prospective athletes (Drake); direct pay for opted-in D-I schools runs under the House settlement (AAL) Disclosure: Athlete must disclose before signing Agent rules: Professional representation allowed; agents subject to state criminal-code article cited in statute Employee status: Athletes are not employees Other: Schools may use 50/50 raffles to pay athletes for NIL (Drake)	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Arkansas	NIL law	Ark. Code Ann. §§ 4-75-1301 to -1308 Original bill: HB 1671	Enacted 2021 Effective Jan. 1, 2022	Act 589 of 2023 (HB 1649): school facilitation; covers committed/admitted athletes Act 839 of 2025 (HB 1917), Apr. 2025: schools, foundations and authorized entities may pay athletes for NIL; school-paid NIL income exempt from state income tax	School direct pay / facilitation: Allowed (Act 839 of 2025) Revenue sharing: School-paid NIL allowed; state income-tax exemption on it Disclosure: To a school-designated official Agent rules: Representatives must be licensed by the state Prohibited categories: Adult entertainment, alcohol, gambling, tobacco, marijuana and similar (AAL) Confidentiality / records: Personal/financial information in NIL contracts exempt from FOIA Employee status: Athletes are not employees NCAA-enforcement / liability shield: Immunity for schools/conferences/NCAA that allow or restrict conflicting NIL deals (Drake)	primary CONFLICT Trackers cite different amendment numbers (Drake: HB 1917; AAL: HB 1649/HB 1717). Legislature records confirm Act 589 (HB 1649, 2023) and Act 839 (HB 1917, 2025).	[Arkansas Legislature] [Arkansas Legislature] [The Drake Group Education Fund] [Athlete Agent Labs] [MultiState]
California	NIL law	Cal. Educ. Code § 67456 (Fair Pay to Play Act) Original bill: SB 206	Enacted 2019 Effective Sept. 1, 2021 (accelerated by SB 26)	SB 26 (2021) moved the start date up	School direct pay / facilitation: Prohibited for prospective athletes (Drake) Disclosure: To a school-designated official Agent rules: Must be state-licensed; must follow federal SPARTA Employee status: Statute silent (Drake)	cross-checked Pending bills to amend (e.g. AB 609) were reported by Saul Ewing; not verified.	[The Drake Group Education Fund] [Athlete Agent Labs]
Colorado	NIL law	Colo. Rev. Stat. § 23-16-301 Original bill: SB 20-123	Enacted 2020 Effective July 1, 2021	HB 21-1328 (2021) HB 25-1041 (signed 2025; eff. Aug. 6, 2025 per Drake)	School direct pay / facilitation: Allowed (HB 25-1041) Revenue sharing: Schools may pay athletes directly; annual aggregate NIL spending report by gender and sport (AAL) Disclosure: Athletes not required to publicly disclose contracts Agent rules: Representation allowed; attorneys must be licensed Confidentiality / records: NIL contracts and related communications exempt from the Colorado Open Records Act	cross-checked CONFLICT AAL names the original bill as HB 21-1232; Drake cites SB 20-123 and HB 21-1328.	[The Drake Group Education Fund] [Athlete Agent Labs]
Connecticut	NIL law	Conn. Gen. Stat. § 10a-56 Original bill: HB 6402 (Public Act 21-132)	Enacted 2021 Effective July 1, 2021	SB 20 / Public Act 22-11 (2022): athletes may use school marks HB 6446 (2025): revenue sharing (reported by AAL only; unverified)	School direct pay / facilitation: Statute silent (Drake); AAL reports 2025 revenue-sharing authorization (unverified) Disclosure: Athlete submits copies of contracts to the school	single tracker for 2025 amendment CONFLICT Drake does not list the 2025 revenue-sharing amendment that AAL reports.	[The Drake Group Education Fund] [Athlete Agent Labs]
Delaware	NIL law	Del. Code tit. 24, §§ 5401-18 Original bill: SB 297 (per Drake)	Effective July 1, 2023 (per Drake)	—	Disclosure: To the AD within 72 hours or before the next event Agent rules: Representation allowed Prohibited categories: Adult entertainment, alcohol, gambling, tobacco, pharmaceuticals, controlled substances, weapons (AAL)	conflicting trackers CONFLICT AAL names HB 199 (2021), effective Sept. 1, 2021; Drake names SB 297, effective July 1, 2023. Unverified.	[The Drake Group Education Fund] [Athlete Agent Labs]
District of Columbia	NIL law (per Drake; disputed)	D.C. Code § 38-1631.05 Original bill: Council bill cited by Drake	Effective Feb. 23, 2023 (per Drake)	—	School direct pay / facilitation: Permitted (Drake) Agent rules: Schools/conferences/NCAA may help athletes select or pay NIL agents (Drake)	conflicting trackers CONFLICT AAL lists no D.C. law. Unverified against the D.C. Code.	[The Drake Group Education Fund] [Athlete Agent Labs]
Florida	NIL law	Fla. Stat. § 1006.74 Original bill: SB 646	Enacted 2020 Effective July 1, 2021	HB 7-B (Feb. 2023): removed the ban on schools and boosters causing NIL pay; expanded required financial-literacy workshops	School direct pay / facilitation: Ban on institutions causing NIL compensation removed in 2023 (HB 7-B); pay-for-play and recruiting-inducement limits kept Revenue sharing: No state revenue-sharing statute; a Board of Governors emergency rule lets universities move up to $22.5M a year of non-athletic auxiliary funds to athletics through FY2028 (AP) Disclosure: Removed by the 2023 amendment (AAL) Agent rules: Agents licensed under Fla. Stat. ch. 468, part IX; attorneys must be Florida Bar members	primary CONFLICT Drake still describes school pay as prohibited under the 2021 text; the enrolled 2023 HB 7-B removed that ban.	[Florida Senate] [Florida Senate] [AP News] [Athlete Agent Labs] [The Drake Group Education Fund]
Georgia	No operative state NIL law (2021 law expired June 30, 2025)	— Original bill: HB 617	Enacted 2021 Effective July 1, 2021 (expired)	HB 617's own sunset (O.C.G.A. § 20-3-683) ended it on the earlier of a federal law, a new NCAA NIL rule or June 30, 2025. Gov. Kemp's Sept. 17, 2024 executive order (no NCAA penalties for school-paid NIL; no state funds) ended when a House settlement took effect.	—	primary CONFLICT AAL says HB 617 was amended in 2024 and remains in force; the statute's text and the governor's order say otherwise. Treat as no operative law.	[Office of the Governor of Georgia] [Office of the Governor of Georgia] [Athlete Agent Labs]
Hawaii	No state NIL law	—	—	—	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
Idaho	No state NIL law	—	—	—	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
Illinois	NIL law	110 ILCS 190 (Student-Athlete Endorsement Rights Act) Original bill: SB 2338 (AAL) / HB 1175 (Drake)	Enacted 2021 Effective July 1, 2021	HB 307 / P.A. 103-0724, eff. Jan. 1, 2025: schools may pay athletes directly or indirectly when allowed by court order, settlement, governing body or school policy	School direct pay / facilitation: Allowed since Jan. 1, 2025 (HB 307) under listed conditions Revenue sharing: Permitted via the settlement condition in HB 307 Disclosure: To the school Agent rules: Representation allowed Confidentiality / records: NIL agreements exempt from public records (AAL) Employee status: Athletes are not employees or independent contractors of a school, conference or the NCAA	primary CONFLICT Trackers differ on which bill was the 2021 original.	[Illinois General Assembly] [The Drake Group Education Fund] [Athlete Agent Labs]
Indiana	No state NIL law	—	—	HB 1217 (2021) died. High school NIL is set by IHSAA rule, not statute.	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
Iowa	No state NIL law	—	—	2021 Senate bills did not become law.	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
Kansas	No state NIL law	—	—	HB 2264 died in the Senate in May 2022.	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
Kentucky	NIL law	Ky. Rev. Stat. §§ 164.6941-.6951 Original bill: SB 6 (after Executive Order 2021-418)	Enacted 2022 Effective Mar. 9, 2022	SB 3, Mar. 2025: schools may pay athletes directly (revenue sharing)	School direct pay / facilitation: Allowed (SB 3, 2025) Revenue sharing: Allowed (SB 3, 2025) Disclosure: Before signing; school has 3 business days to flag conflicts Agent rules: Representation allowed Confidentiality / records: Athlete-school agreements exempt from the Kentucky Open Records Act NCAA-enforcement / liability shield: Employees of school-affiliated corporations get the same liability protections as school employees (Drake)	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Louisiana	NIL law + 2025 executive order	La. R.S. 17:3701 et seq. Original bill: SB 60	Enacted 2021 Effective July 1, 2021	SB 250 (2022) and SB 465 (2024) per AAL Executive Order JML 25-059 (May 2025): schools may facilitate or directly pay NIL; no state funds HB 639 (2025): sports-betting tax raised to 21.5%, part of the increase to 11 public universities to offset revenue-sharing costs 2026 legislation on agent registration, training and background checks (reported by MultiState; bill number unverified)	School direct pay / facilitation: Allowed by 2025 executive order (no state-allocated funds) Revenue sharing: Betting-tax money earmarked to help universities (HB 639) Disclosure: To the school Agent rules: Must register with the Attorney General; must follow SPARTA	primary	[Office of Gov. Jeff Landry] [On3] [The Drake Group Education Fund] [Athlete Agent Labs] [MultiState]
Maine	NIL law	Me. Stat. tit. 20-A, § 12972 Original bill: LD 1893	Enacted 2022 Effective Mar. 31, 2022	—	Agent rules: Representation allowed Employee status: Athletes are not employees	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Maryland	NIL law	Md. Code, Educ. § 15-131 (Jordan McNair Safe and Fair Play Act) Original bill: SB 439 / HB 125	Enacted 2022 Effective July 1, 2023	—	School direct pay / facilitation: Prohibited for prospective athletes (Drake) Disclosure: To a school-designated official Agent rules: Representation allowed	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Massachusetts	No state NIL law (bill pending)	—	—	H. 1930 (introduced Feb. 27, 2025) is pending; AAL reports it in Senate Ways and Means.	—	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Michigan	NIL law	Mich. Comp. Laws §§ 390.1731-.1741 Original bill: HB 5217 (Public Act 366 of 2020)	Enacted 2020 Effective Dec. 31, 2022	HB 4643 (2025) pending, not enacted	School direct pay / facilitation: Prohibited for prospective athletes (Drake) Disclosure: To a school-designated official (AAL: at least 7 days before signing) Agent rules: Must be registered/licensed Prohibited categories: Alcohol, tobacco, gambling, weapons, pharmaceuticals, banned substances, drugs, adult entertainment (AAL)	primary CONFLICT Drake lists effective 04/01/2021; the Legislature and AAL show the main provisions took effect Dec. 31, 2022.	[Michigan Legislature] [The Drake Group Education Fund] [Athlete Agent Labs]
Minnesota	No state NIL law	—	—	HF 3329 died in 2020.	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
Mississippi	NIL law	Miss. Code §§ 37-97-101 to -109 (Mississippi Intercollegiate Athletics Compensation and Publicity Rights Act) Original bill: SB 2313	Enacted 2021 Effective July 1, 2021	2022 amendment (per AAL) SB 2417, approved Apr. 18, 2024: rewrote the act, allowing third-party pay and school involvement	Disclosure: To the school before deals take effect Agent rules: Licensed and registered with the state; UAAA and SPARTA apply	primary CONFLICT Drake still summarizes the 2021 text (school pay prohibited, 7-day disclosure).	[Mississippi State University] [The Drake Group Education Fund] [Athlete Agent Labs]
Missouri	NIL law	RSMo § 173.280 Original bill: 2021 law (bill number differs between trackers)	Enacted 2021 Effective Aug. 28, 2021	HB 417 (merged with HB 447), signed July 6, 2023, eff. Aug. 28, 2023: staff and coaches may help create and negotiate deals; NLI signees may earn NIL before enrolling	School direct pay / facilitation: Staff may facilitate third-party deals (2023) Disclosure: To a school-designated official after signing Agent rules: Must be registered/licensed Confidentiality / records: Athletes may not disclose school-contract terms the school deems trade secrets Transfer / eligibility: In-state recruits who sign an NLI may earn NIL before enrollment	primary	[Missouri Revisor of Statutes] [On3] [The Drake Group Education Fund] [Athlete Agent Labs]
Montana	NIL law	Mont. Code § 20-1-232 Original bill: SB 248	Enacted 2023 Effective June 1, 2023	SB 482, signed May 5, 2025: written NIL contracts SB 271 (2025): removed the ban on direct school pay (reported by Daily Montanan; final status unverified)	Disclosure: To a school-designated official Agent rules: Representation allowed	primary for SB 482 CONFLICT AAL says the 2025 amendment was still pending; the Capitol Tracker shows SB 482 signed.	[Montana Free Press Capitol Tracker] [Daily Montanan] [The Drake Group Education Fund] [Athlete Agent Labs]
Nebraska	NIL law	Neb. Rev. Stat. §§ 48-3601 to -3609 Original bill: LB 962	Enacted 2020 Effective July 1, 2023 statutory date per Drake (schools could start earlier; AAL says July 1, 2021)	LB 1393, signed Apr. 16, 2024: schools may assist with deals (per AAL)	Disclosure: To a school-designated official Agent rules: UAAA certification; attorneys licensed Confidentiality / records: Schools may not disclose terms an athlete deems trade secrets NCAA-enforcement / liability shield: Athletes/schools may sue the school or NCAA for violations (actual damages, fees)	cross-checked CONFLICT Effective date differs between trackers.	[The Drake Group Education Fund] [Athlete Agent Labs]
Nevada	NIL law	Nev. Rev. Stat. §§ 398.300-.330 Original bill: AB 254 (2021) per AAL; SB 293 (2025) per Drake	Enacted 2021 Effective 2021-22 (AAL); July 1, 2025 for SB 293 (Drake)	SB 293 (2025) per Drake	School direct pay / facilitation: Permitted for current athletes (Drake) Disclosure: To the school; prospects disclose prior deals Confidentiality / records: NIL contracts are not public records	conflicting trackers CONFLICT Trackers cite different bills; unverified.	[The Drake Group Education Fund] [Athlete Agent Labs]
New Hampshire	No state NIL law	—	—	—	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
New Jersey	NIL law	N.J.S.A. 18A:3B-89.3 to -89.8 Original bill: S4439 (P.L. 2025, c.110); replaced the 2020 New Jersey Fair Play Act (S971)	Enacted 2025 Effective July 22, 2025	Repealed and replaced the Fair Play Act	School direct pay / facilitation: Four-year schools offering athletic scholarships may contract with and pay athletes directly Disclosure: To a school official immediately after signing Agent rules: SPARTA applies; representatives owe fiduciary duty Prohibited categories: Athletes under 21: no alcohol, tobacco/e-cigarette or cannabis deals	primary	[New Jersey Legislature] [The Drake Group Education Fund] [Athlete Agent Labs]
New Mexico	NIL law	N.M. Stat. § 21-31-3 (Student Athlete Endorsement Act) Original bill: SB 94	Enacted 2021 Effective July 1, 2021	—	School direct pay / facilitation: Prohibited for current and prospective athletes (Drake) Agent rules: Representation allowed Other: Schools cannot restrict athletes' footwear choice in team activities (AAL)	cross-checked CONFLICT Drake lists an earlier 2020 bill (SB 191).	[The Drake Group Education Fund] [Athlete Agent Labs]
New York	NIL law	N.Y. Educ. Law § 6438-c (Collegiate Athletic Participation Compensation Act) Original bill: S. 5891	Enacted 2022 Effective Jan. 1, 2023	July 2023 amendment (per AAL)	School direct pay / facilitation: Prohibited for prospective athletes (Drake) Disclosure: To a school-designated official Agent rules: Registered under General Business Law art. 39-E NCAA-enforcement / liability shield: NCAA/conferences may not penalize athletes for compliant NIL (AAL, 2023 amendment)	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
North Carolina	No comprehensive NIL law; agent and public-records statute only	G.S. 78C, art. 9 (NIL agency contracts) and G.S. 132-1.2 (records exemption) Original bill: HB 378 (S.L. 2025-46)	Enacted 2025 Effective July 1, 2025 (records exemption, retroactive)	Gov. Cooper's Executive Order 223 (2021) was rescinded in March 2024 (AAL). S.B. 229 and S.B. 563 (2025) were pending per Drake.	Agent rules: NIL agency contracts regulated; 14-day cancellation; agents tied to a school in the prior two years barred from its athletes Confidentiality / records: Records related to athletes' NIL contracts exempt from public-records law, retroactively	primary	[N.C. General Assembly] [N.C. General Assembly] [Athlete Agent Labs] [The Drake Group Education Fund]
North Dakota	No state NIL law	—	—	—	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
Ohio	NIL law	Ohio Rev. Code ch. 3376 Original bill: 2021 (after Gov. DeWine's 2021 executive order; original bill not verified)	Enacted 2021 Effective 2021	HB 184, signed Dec. 19, 2025, eff. Mar. 20, 2026: contracts may not extend past eligibility; disputes in Ohio courts under Ohio law; agent trust accounts	Disclosure: To a school-designated official Agent rules: Agent contracts end with enrollment; agents must hold athlete money in trust accounts (HB 184) Prohibited categories: Schools may bar alcohol, marijuana, adult-entertainment deals (AAL) Transfer / eligibility: NIL contracts cannot run past eligibility or claim post-eligibility rights (HB 184)	primary	[Ohio House of Representatives] [Ohio Laws] [The Drake Group Education Fund] [Athlete Agent Labs]
Oklahoma	NIL law	Okla. Stat. tit. 70, § 820 et seq. (Student Athlete NIL Rights Act) Original bill: SB 48	Enacted 2021 Effective May 28, 2021	HB 3347 (2023, per Drake) Executive Order 2025-01 (Jan. 9, 2025) SB 490, approved May 2025 (emergency): schools may facilitate NIL and revenue sharing; no appropriated funds	School direct pay / facilitation: Allowed via revenue sharing (SB 490) Revenue sharing: Allowed (SB 490); state appropriations barred Disclosure: To a school official within 72 hours or before next event Agent rules: Must register with the state; criminal penalties	primary CONFLICT AAL says SB 490 was pending; the Legislature shows it enacted.	[Oklahoma Legislature] [The Drake Group Education Fund] [Athlete Agent Labs]
Oregon	NIL law	Or. Rev. Stat. § 702.200 Original bill: SB 5	Enacted 2021 Effective July 1, 2021	SB 1505 (2022, per AAL) HB 4119 (2024) HB 3694 (June 2025, per Drake)	School direct pay / facilitation: Prohibited for current and prospective athletes (Drake summary) Disclosure: To a school-designated official Agent rules: UAAA applies; no agent who represented the school in the prior 4 years Other: Merchandise royalties for team members (Drake)	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Pennsylvania	NIL law	24 P.S. Art. XX-M (Public School Code), 2024 Act 79 Original bill: SB 381 (2021, per AAL)	Enacted 2021 Effective July 1, 2021; current article eff. July 17, 2024	2024 Act 79: new Article XX-M (eff. July 17, 2024)	Disclosure: May be required by school policy Agent rules: Must be admitted to practice in Pennsylvania Confidentiality / records: Executed deals not public records (AAL) Other: Royalties owed to athletes for jerseys, video games, trading cards	primary	[Pennsylvania General Assembly] [The Drake Group Education Fund] [Athlete Agent Labs]
Rhode Island	No state NIL law	—	—	—	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
South Carolina	NIL law	S.C. Code §§ 59-158-10 to -60 Original bill: S. 685	Enacted 2021 Effective July 1, 2021	H. 4957 (May 2024): schools may identify, create, facilitate NIL deals; no appropriated funds; 30% agent-commission cap (AAL)	School direct pay / facilitation: Facilitation allowed (H. 4957) Agent rules: Registered with Dept. of Consumer Affairs; SPARTA applies Prohibited categories: Tobacco, alcohol, illegal substances, banned substances, gambling incl. sports betting Confidentiality / records: School copies of NIL terms not public records Transfer / eligibility: NIL contract may not extend beyond eligibility	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
South Dakota	No state NIL law	—	—	—	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
Tennessee	NIL law	Tenn. Code § 49-7-2801 et seq. Original bill: HB 1351	Enacted 2021 Effective Jan. 1, 2022	SB 1636 (eff. July 1, 2023, per Drake) SB 536 / HB 194 (May 2025): NIL pay unlimited unless limited by federal law, court order or antitrust exemption	Disclosure: To the school plus annual reports Agent rules: Must be in good standing with the professional-responsibility board NCAA-enforcement / liability shield: Schools need not follow NCAA rules that lessen competition; schools/collectives shielded, liability shifted to the NCAA (AAL)	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Texas	NIL law	Tex. Educ. Code § 51.9246 Original bill: SB 1385	Enacted 2021 Effective July 1, 2021	HB 2804 (2023) HB 126 (2025): public universities may pay athletes directly	School direct pay / facilitation: Allowed (HB 126) Revenue sharing: Allowed, consistent with the settlement (AAL) Disclosure: Before signing, as the school prescribes Agent rules: Registration under the Occupations Code Prohibited categories: Gambling, tobacco/vaping, alcohol, adult businesses (AAL) Employee status: Athletes are not employees Transfer / eligibility: Contracts may not extend past participation; 17+ high schoolers may sign with pay deferred (AAL)	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Utah	NIL law	Utah Code § 53H-6-202 (formerly § 53B-16-602) Original bill: HB 202	Enacted 2024 Effective May 1, 2024	2025 changes (AAL: HB 479) now let institutions pay athletes directly, but not from appropriations or student fees	School direct pay / facilitation: Allowed, but not from state appropriations or student fees Disclosure: Agreements over $600 go to the school for written conflict review Prohibited categories: Tobacco/vaping, alcohol, drug sellers, gambling, sexually oriented businesses, firearms the athlete cannot own Confidentiality / records: NIL agreements exempt from GRAMA, including pre-May 2024	primary Drake's database omits Utah.	[Utah Legislature] [Utah Legislature] [Athlete Agent Labs]
Vermont	No state NIL law	—	—	—	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]
Virginia	NIL law	Va. Code § 23.1-408.1 Original bill: Not verified (Drake cites HB 300, eff. July 1, 2024)	Effective July 1, 2024 per Drake	HB 1505 (Apr. 2024): schools may pay athletes directly; NCAA may not punish HB 971 (2026): athlete biometric-data protections (AAL)	School direct pay / facilitation: Allowed (HB 1505) Revenue sharing: Allowed Disclosure: As the school designates Agent rules: Representation allowed NCAA-enforcement / liability shield: NCAA may not punish schools or athletes for school-paid NIL	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Washington	NIL law	Wash. Rev. Code § 42.52.807 Original bill: SB 5913	Enacted 2024 Effective June 6, 2024	—	School direct pay / facilitation: Permitted (Drake) Other: Public employees may use state resources to advise and facilitate athletes' NIL	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
West Virginia	NIL law	W. Va. Code § 18B-22-1 et seq. (NIL Protection Act) Original bill: HB 2576	Enacted 2025 Effective Apr. 10, 2025 (effective from passage)	—	School direct pay / facilitation: Revenue sharing authorized; no legislative appropriations Revenue sharing: Authorized Disclosure: To the school Prohibited categories: Alcohol, gambling, cannabis, adult content (AAL) Agent rules: Representation allowed	primary CONFLICT Drake summarizes school pay as prohibited; the enrolled bill authorizes revenue sharing.	[West Virginia Legislature] [The Drake Group Education Fund] [Athlete Agent Labs]
Wisconsin	NIL law	Wis. Stat. § 36.11(12) (2025 Wisconsin Act 203) Original bill: AB 1034	Enacted 2026 Effective Apr. 10, 2026	—	School direct pay / facilitation: Permitted (Drake) Disclosure: Before signing Prohibited categories: Alcohol, gambling, banned substances, illegal activity (AAL) Confidentiality / records: Records on athletic program revenue and NIL contracts exempt from open-records law Employee status: Athletes are not employees	cross-checked	[The Drake Group Education Fund] [Athlete Agent Labs]
Wyoming	No state NIL law	—	—	—	—	cross-checked	[Athlete Agent Labs] [The Drake Group Education Fund]

Federal law and rulings already in effect

These apply in every state, on top of the state laws above.

NCAA v. Alston (Supreme Court, 2021)

Status: In effect

9-0 ruling that NCAA limits on education-related benefits violate antitrust law. Schools may give education-related benefits (e.g. academic achievement awards). It opened the door to the NIL era. [U.S. Supreme Court]

House v. NCAA settlement (approved June 6, 2025)

Status: In effect (10-year term)

Settles three antitrust cases. It pays back damages to former athletes, lets schools pay current athletes directly up to an annual cap, replaces scholarship limits with roster limits (football 105) and created the College Sports Commission, which reviews third-party NIL deals of $600+ through NIL Go. [PR Newswire] [College Sports Commission] [CBS Sports]

Johnson v. NCAA (employee status under the FLSA)

Status: Pending

The 3rd Circuit held in July 2024 that college athletes can be employees under the Fair Labor Standards Act if an economic-realities test is met, and sent the case back. It remains pending in the Eastern District of Pennsylvania; dismissal motions were reportedly resolved Apr. 6, 2026 (docket tracker, unverified). [U.S. Court of Appeals, 3rd Cir.] [Sports Legal Audit]

NLRB and athletes as employees

Status: Guidance withdrawn

The NLRB's 2021 general counsel memo (GC 21-08) said some athletes are employees under labor law. It was rescinded Feb. 14, 2025 (GC 25-05). [National Labor Relations Board]

Title IX and revenue sharing

Status: Guidance rescinded

A Jan. 2025 Education Department fact sheet said school NIL pay should be proportionate by sex. The department rescinded it Feb. 12, 2025. How Title IX applies to revenue sharing is still disputed. [U.S. Department of Education]

Executive orders 14322 (2025) and 14400 (2026)

Status: In effect (executive branch only)

EO 14322 (July 24, 2025) directs agencies on athlete status, third-party pay-for-play and women's/Olympic sports. EO 14400 (Apr. 3, 2026; main provisions from Aug. 1, 2026) ties some federal funding to rules compliance and directs the Attorney General to challenge conflicting state laws. Executive orders do not themselves preempt state law. [The White House] [Federal Register]

Protect College Sports Act (S. 4668), pending

Status: Passed Senate 77-22 (Sept. 28, 2026); pending in House

If enacted, it would set national rules on compensation, eligibility, transfers and agents and preempt conflicting state NIL laws. Full bill page

Related: Conference rules · Each school page has a “Rules that govern this program” panel (see Schools).