Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1930 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1789 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1930
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Francisco E. Paulino
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act empowering student-athletes through NIL rights.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Francisco E. Paulino16th Essex1/15/2025 1 of 7
16	16	HOUSE DOCKET, NO. 1789 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1930
18	18	By Representative Paulino of Methuen, a petition (accompanied by bill, House, No. 1930) of
19	19	Francisco E. Paulino relative to NIL rights for student-athletes. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act empowering student-athletes through NIL rights.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Definitions
29	29	2 As used in this act, unless the context clearly requires otherwise:
30	30	3 "Student-athlete": An individual who engages in, is eligible to engage in, or has been
31	31	4recruited to engage in intercollegiate athletics for an institution of higher education in the
32	32	5Commonwealth.
33	33	6 "Institution of higher education": Any public or private college, university, or other post-
34	34	7secondary educational institution located in the Commonwealth.
35	35	8 "Name, image, or likeness (NIL)": A student-athlete's identifiable attributes, including
36	36	9but not limited to their name, image, voice, photograph, signature, or likeness, used for
37	37	10promotional or commercial purposes. 2 of 7
38	38	11 "Athlete agent": A person who, for compensation or the promise of compensation,
39	39	12provides professional representation to student-athletes in connection with NIL agreements,
40	40	13contracts, or endorsements.
41	41	14 "NIL agreement": A written or oral agreement under which a student-athlete receives
42	42	15compensation for the authorized use of their NIL.
43	43	16 "Group licensing": Agreements or arrangements that involve multiple student-athletes
44	44	17licensing their NIL collectively for commercial purposes.
45	45	18 SECTION 2. Rights of Student-Athletes
46	46	19 A student-athlete may earn compensation for the use of their NIL. Such compensation:
47	47	20 (a) Shall not affect the student-athlete’s scholarship eligibility or participation in
48	48	21athletics; and
49	49	22 (b) Shall not be contingent upon athletic performance or enrollment at a specific
50	50	23institution.
51	51	24 Institutions of higher education and athletic associations:
52	52	25 (a) Shall not prevent or restrict a student-athlete from earning compensation for NIL;
53	53	26 (b) Shall not provide direct compensation to a student-athlete for NIL use; and
54	54	27 (c) May assist student-athletes in understanding compliance requirements and applicable
55	55	28laws. 3 of 7
56	56	29 Group licensing arrangements involving student-athletes shall be permitted, provided
57	57	30such arrangements comply with this act and do not infringe on individual NIL rights.
58	58	31 A student-athlete may enter a professional sports draft without forfeiting eligibility to
59	59	32participate in intercollegiate athletics, provided they do not sign a professional contract.
60	60	33 SECTION 3. Institutional Responsibilities
61	61	34 Institutions shall designate an NIL compliance officer or equivalent resource, scaled to
62	62	35their size and capacity, to manage disclosures and ensure agreements align with institutional and
63	63	36NCAA policies.
64	64	37 Institutions must:
65	65	38 (a) Notify student-athletes of any conflicts between NIL agreements and team contracts
66	66	39within five (5) business days of disclosure;
67	67	40 (b) Provide clear guidelines on permissible NIL activities, including how they align with
68	68	41NCAA and conference rules;
69	69	42 (c) Offer or partner with external organizations to provide optional legal and financial
70	70	43advisory services for student-athletes.
71	71	44 Smaller institutions may apply for state-provided resources, including training and
72	72	45financial support, to meet compliance and educational requirements under this act.
73	73	46 Institutions may not:
74	74	47 (a) Use NIL agreements to gain a competitive advantage in recruiting or retaining
75	75	48student-athletes; 4 of 7
76	76	49 (b) Force student-athletes to participate in group licensing arrangements.
77	77	50 SECTION 4. NIL Agreements and Disclosure
78	78	51 Student-athletes must disclose NIL agreements to their institution’s designated
79	79	52compliance officer within seventy-two (72) hours of signing or before participating in the next
80	80	53athletic event, whichever occurs first.
81	81	54 NIL agreements must include:
82	82	55 (a) The scope of NIL rights being licensed;
83	83	56 (b) The duration of the agreement;
84	84	57 (c) Compensation details, including method and timing of payment;
85	85	58 (d) A cancellation or termination clause;
86	86	59 (e) A statement confirming the agreement does not conflict with existing team contracts.
87	87	60 Group licensing agreements must specify:
88	88	61 (a) How compensation will be distributed among participants;
89	89	62 (b) Opt-in provisions for individual student-athletes;
90	90	63 (c) Protections for student-athletes who choose not to participate.
91	91	64 SECTION 5. Athlete Agent Regulation
92	92	65 Athlete agents must register with the Commonwealth through a process overseen by the
93	93	66Office of the Secretary of State. 5 of 7
94	94	67 (a) Applications shall include disclosure of prior disciplinary actions, NIL-related
95	95	68activities, and relationships with current or former student-athletes.
96	96	69 (b) Registrations must be renewed every two years, with updated disclosures provided.
97	97	70 Athlete agents are prohibited from:
98	98	71 (a) Offering gifts, inducements, or other benefits to influence a student-athlete's decision
99	99	72to sign;
100	100	73 (b) Making false or misleading statements about potential NIL opportunities;
101	101	74 (c) Using agreements that lack transparency or fail to comply with this act.
102	102	75 Agent fees for NIL agreements may not exceed 15% of gross compensation received by
103	103	76the student-athlete under the agreement.
104	104	77 Agents must provide student-athletes with a plain-language summary of all agreements,
105	105	78including terms of compensation, services provided, and duration.
106	106	79 Violations by athlete agents shall result in:
107	107	80 (a) Fines up to $100,000 per violation;
108	108	81 (b) Suspension or revocation of registration;
109	109	82 (c) Civil liability for damages suffered by the student-athlete.
110	110	83 SECTION 6. Privacy and Public Records 6 of 7
111	111	84 NIL agreements and related disclosures submitted to institutions or state agencies are
112	112	85exempt from public records laws and shall not be disclosed without the written consent of the
113	113	86student-athlete.
114	114	87 Institutions must implement safeguards to ensure the confidentiality of NIL-related
115	115	88materials.
116	116	89 SECTION 7. Education and Training
117	117	90 Institutions shall provide annual training for student-athletes on NIL-related topics,
118	118	91including:
119	119	92 (a) Contract negotiation;
120	120	93 (b) Financial literacy and tax compliance;
121	121	94 (c) Branding, intellectual property, and group licensing rights.
122	122	95 Institutions may partner with external organizations to provide workshops and resources
123	123	96for student-athletes.
124	124	97 SECTION 8. Enforcement
125	125	98 The Massachusetts Attorney General shall oversee compliance and enforcement of this
126	126	99act, with the authority to:
127	127	100 (a) Investigate complaints and alleged violations within sixty (60) days of filing;
128	128	101 (b) Impose penalties, fines, and corrective actions on agents, institutions, or third parties
129	129	102that violate this act; 7 of 7
130	130	103 (c) Provide guidance to institutions and student-athletes on compliance.
131	131	104 Penalties for violations include:
132	132	105 (a) Fines up to $250,000 for institutions engaging in prohibited conduct;
133	133	106 (b) Revocation of privileges for repeat violators;
134	134	107 (c) Civil actions initiated by student-athletes for damages, including attorneys’ fees.
135	135	108 SECTION 9. Implementation Task Force
136	136	109 A state advisory task force shall be established to oversee the implementation of this act,
137	137	110composed of representatives from:
138	138	111 (a) Higher education institutions;
139	139	112 (b) Student-athlete advocacy groups;
140	140	113 (c) The Attorney General’s office.
141	141	114 The task force shall provide annual reports to the legislature on implementation progress
142	142	115and recommend future updates.
143	143	116 SECTION 10. Severability
144	144	117 If any provision of this act or its application is held invalid, the remaining provisions
145	145	118shall remain in full force and effect.
146	146	119 SECTION 11. Effective Date
147	147	120 This act shall take effect on July 1, 2027.