25 LC 49 2009
House Bill 383
By: Representatives Cox of the 28
th
, Rhodes of the 124
th
, Cannon of the 172
nd
, McClain of
the 109
th
, and Erwin of the 32
nd
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20 and 39 of the Official Code of Georgia Annotated, relating to education
1
and minors, respectively, so as to provide for high school student athletes and prospective2
student athletes to receive name, image, or likeness compensation; to provide for the3
automatic expiration of contracts that provide name, image, and likeness compensation to4
student athletes after the student athlete graduates or is no longer enrolled; to provide for5
application to certain athletic associations; to allow for professional representation of student6
athletes and prospective student athletes; to provide for required written notice to high school7
student athletes; to provide for definitions; to provide for construction; to provide a short8
title; to provide for related matters; to provide for an effective date and applicability; to9
repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
This Act shall be known and may be cited as the "Georgia High School NIL Protection Act."13
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SECTION 2.
14
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in15
Chapter 2, relating to elementary and secondary education, by adding a new article to read16
as follows:17
"ARTICLE 32A
18
20-2-2105.19
As used in this article, the term:20
(1) 'Athletic association' means any association of schools or any other similar21
organization which acts as an organizing, sanctioning, scheduling, or rule-making body22
for interscholastic athletic activities in which public high schools in this state participate.23
(2) 'Compensation' means anything of value and shall include, but shall not be limited24
to, a promise, performance, or forbearance provided by a promisor in exchange for his,25
her, or its promise.26
(3) 'High school' means a public or private school in this state that enrolls students in any27
of grades nine through 12.28
(4) 'Interscholastic athletic activity' means interscholastic athletic events, competitions,29
scrimmages, exhibitions, practices, and training sessions.30
(5) 'NIL compensation' means compensation received for the use of a person's name,31
image, or likeness.32
(6) 'Parent' means a person who has legal authority to act on behalf of a minor child as33
a natural or adoptive parent or as a legal guardian.34
(7) 'Participating school' means a public or private high school in this state that is a35
member of an athletic association or participates in interscholastic athletic activities36
which are conducted under the authority or rules of an athletic association.37
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(8) 'Student athlete' means a student enrolled in a participating school who participates38
in or is eligible to participate in any interscholastic athletic activity which is conducted39
under the authority or rules of an athletic association. Such term shall include home40
study students who participate in such interscholastic athletic activities as provided in41
Code Section 20-2-319.6.42
20-2-2105.1.43
Nothing in this article shall be construed to abrogate, impair, or limit the authority of the44
courts of this state or any department or agency of this state to enforce any provision of45
federal or state law.46
20-2-2105.2.47
For purposes of this article, a scholarship from the participating school in which a student48
athlete is enrolled that provides such student athlete with all or part of the cost of49
enrollment and attendance at such participating school is not NIL compensation.50
20-2-2105.3.51
(a) Subject to the provisions of Code Sections 39-2-18 through 39-2-21, and except as52
prohibited in this article, a student athlete shall be permitted to receive NIL compensation.53
(b) No current or prospective student athlete shall be provided or shall receive NIL54
compensation in exchange, in whole or in part, for attending, participating, or performing55
at a particular participating school or a postsecondary educational institution as such term56
is defined in Code Section 20-3-680.57
(c) No participating school or entity whose purpose includes supporting or benefiting such58
participating school or its interscholastic athletic activities or related programs or any59
officer, director, employee, or agent of such participating school or entity shall provide a60
current or prospective student athlete with NIL compensation.61
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(d) No student athlete who receives NIL compensation pursuant to this article shall:62
(1) Wear a school based team jersey or otherwise display a school's name, mascot, logo,63
or any other school identifying marks when engaging in any conduct or activity in64
exchange for receiving NIL compensation;65
(2) Make any reference to a participating school or an athletic association when engaging66
in any conduct or activity in exchange for receiving NIL compensation; or67
(3)(A) Except as provided in subparagraph (B) of this paragraph, endorse or promote68
any good or service of any party that provides NIL compensation to such student athlete69
or of any third-party partner of a party that provides NIL compensation to such student70
athlete during any interscholastic athletic activity, including, but not limited to:71
(i) Wearing apparel of such party or third-party partner;72
(ii) Displaying a logo or brand of such party or third-party partner; and73
(iii) Displaying an insignia or identifying mark of such party or third-party partner.74
(B) The prohibitions provided for in subparagraph (A) of this paragraph shall not apply75
to tryouts, practices, or training sessions.76
(e) No student athlete shall receive NIL compensation for any conduct or activity that77
reasonably can be perceived as endorsing or promoting:78
(1) Alcohol products;79
(2) Tobacco products, including, but not limited to, smokeless tobacco products;80
(3) Vapor products;81
(4) Cannabis products;82
(5) Controlled substances;83
(6) Prescription pharmaceuticals;84
(7) Casinos and gambling, including sports betting, the lottery, and betting in connection85
with video games, online games, and mobile devices;86
(8) Adult entertainment or pornographic products and services;87
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(9) Any product or service, including, but not limited to, online services and products,88
that are restricted for people under the age of 18 years; or89
(10) Weapons, firearms, and ammunition.90
20-2-2105.4.91
Each participating school in this state shall advise each student athlete in writing at the92
beginning of the season of each interscholastic athletic activity of the provisions of this93
article, Article 13 of Chapter 3 of this title, and Code Sections 39-2-18 through 39-2-21 and94
shall provide each student athlete with information concerning the effect of receiving95
money or other things of value on the student athlete's future eligibility to participate in96
intercollegiate athletics.97
20-2-2105.5.98
The provisions of this article shall not apply to intramural athletic programs or events at99
such participating schools.100
20-2-2105.6.101
(a) No contract that provides for NIL compensation to a student athlete shall survive after102
the earlier of:103
(1) Ten calendar days after the date upon which such student athlete graduates from a104
participating school; or105
(2) Thirty calendar days after the date upon which such student athlete's enrollment in106
a participating school terminates for any reason provided for by Georgia law; the policies,107
rules, or regulations of the State Board of Education; or the policies, rules, or regulations108
of a nonpublic participating school, including, but not limited to, withdrawal,109
nonattendance, dropping out, nonresidency in the participating school's attendance zone,110
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nonresidency in this state, enrollment in a school that is not a participating school, and111
expulsion.112
(b) No contract that provides for NIL compensation to a student athlete shall include any113
provision that does not comply with the provisions of subsection (a) of this Code section,114
and any such provision shall be void and unenforceable.115
20-2-2105.7.116
(a) No athletic association shall prevent a student athlete from or penalize a student athlete117
for receiving NIL compensation as provided for in this article.118
(b) No athletic association shall prevent a participating school from participating in119
interscholastic athletic activities, or otherwise penalize a participating school as a result of120
a student athlete of such participating school receiving NIL compensation as provided for121
in this article.122
(c) No public school which receives funding under Article 6 of this chapter shall123
participate in, sponsor, or provide coaching staff for interscholastic athletic activities which124
are conducted under the authority of, conducted under the rules of, or scheduled by any125
athletic association unless the charter, bylaws, or other governing documents of such126
athletic association comply with this article.127
20-2-2105.8.128
(a) No participating school or athletic association shall prevent a student athlete from129
obtaining professional representation in relation to contracts or legal matters, including, but130
not limited to, representation provided by athlete agents who are certified as provided for131
under Chapter 4A of Title 43 and legal representation provided by attorneys who are132
licensed to practice law in this state.133
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(b) Athlete agents representing student athletes shall comply with the federal Sports Agent134
Responsibility and Trust Act, established in 15 U.S.C. Section 7801, et seq., in their135
relationships with student athletes."136
SECTION 3.137
Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended in Chapter138
2, relating to regulation of employment of minors, by revising Code Section 39-2-18, relating139
to applicability of provisions of chapter to minors employed as actors or performers, as140
follows:141
"39-2-18.142
(a) Notwithstanding any other provisions of this chapter to the contrary, and provided that143
the written consent of the Commissioner of Labor must be first obtained, nothing in this144
chapter shall apply to any minor employed or compensated:145
(1) As as an actor or performer in motion pictures or theatrical productions, in radio or146
television productions, or in any other performance, concert, or entertainment;, or to any147
minor employed in148
(2) For the making of phonographic records; or as149
(3) As an advertising or photographic model; or150
(4) For the use of such minor's name, image, or likeness provided that the written consent151
of the Commissioner of Labor must be first obtained,.152
(b) Before the Commissioner of Labor shall give his or her written consent, as provided153
in subsection (a) of this Code section, he or she shall investigate and determine that:154
(1) The That the environment in which the work is to be performed is proper for the155
minor;156
(2) The terms and That the conditions of employment or compensation are not157
detrimental to the health of the minor;158
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(3) The That the minor's education will not be neglected or hampered by his or her159
participation in any of the activities referred to in subsection (a) of this Code section; and160
(4) Neither That the minor nor his or her name, image, or likeness will not be used for161
pornographic purposes or for any purpose prohibited by subsection (e) of Code162
Section 20-2-2105.3."163
SECTION 4.164
This Act shall become effective upon its approval by the Governor or upon its becoming law165
without such approval and shall apply to all contracts entered into or renewed on or after166
such date.167
SECTION 5.168
All laws and parts of laws in conflict with this Act are repealed.169
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