House Bill 383 (COMMITTEE SUBSTITUTE)
By: Representatives Cox of the 28th, Rhodes of the 124th, Cannon of the 172nd, McClain of
the 109th, and Erwin of the 32nd
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20 and 39 of the Official Code of Georgia Annotated, relating to education
and minors, respectively, so as to provide for high school student athletes and prospective
student athletes to receive name, image, or likeness compensation; to provide for the
automatic expiration of contracts that provide name, image, and likeness compensation to
student athletes after the student athlete graduates or is no longer enrolled; to provide for
application to certain athletic associations; to allow for professional representation of student
athletes and prospective student athletes; to provide for required written notice to high school
student athletes; to provide for definitions; to provide for construction; to provide a short
title; to provide for related matters; to provide for an effective date and applicability; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia High School NIL Protection Act."
SECTION 2.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in
Chapter 2, relating to elementary and secondary education, by adding a new article to read
as follows:
<ins>"ARTICLE 32A
20-2-2105.
As used in this article, the term:
(1) 'Athletic association' means any association of schools or any other similar
organization which acts as an organizing, sanctioning, scheduling, or rule-making body
for interscholastic athletic activities in which public high schools in this state participate.
(2) 'Compensation' means anything of value and shall include, but shall not be limited
to, a promise, performance, or forbearance provided by a promisor in exchange for his,
her, or its promise.
(3) 'High school' means a public or private school in this state that enrolls students in any
of grades nine through 12.
(4) 'Interscholastic athletic activity' means interscholastic athletic events, competitions,
scrimmages, exhibitions, practices, and training sessions.
(5) 'NIL compensation' means compensation received for the use of a person's name,
image, or likeness.
(6) 'Parent' means a person who has legal authority to act on behalf of a minor child as
a natural or adoptive parent or as a legal guardian.
(7) 'Participating school' means a public or private high school in this state that is a
member of an athletic association or participates in interscholastic athletic activities
which are conducted under the authority or rules of an athletic association.
</ins>
<ins>(8) 'Postsecondary educational institution' shall have the same meaning as "eligible
postsecondary institution" as set forth in Code Section 20-3-519.
(9) 'Student athlete' means a student enrolled in a participating school who participates
in or is eligible to participate in any interscholastic athletic activity which is conducted
under the authority or rules of an athletic association. Such term shall include home
study students who participate in such interscholastic athletic activities as provided in
Code Section 20-2-319.6 and eighth grade students who participate in or are eligible to
participate in such interscholastic athletic activities on behalf of a participating school.
20-2-2105.1.
Nothing in this article shall be construed to abrogate, impair, or limit the authority of the
courts of this state or any department or agency of this state to enforce any provision of
federal or state law.
20-2-2105.2.
For purposes of this article, a scholarship from the participating school in which a student
athlete is enrolled that provides such student athlete with all or part of the cost of
enrollment and attendance at such participating school is not NIL compensation.
20-2-2105.3.
(a) Subject to the provisions of Code Sections 39-2-18 through 39-2-21, and except as
prohibited in this article, a student athlete shall be permitted to receive NIL compensation.
(b) No current or prospective student athlete shall be provided or shall receive NIL
compensation in exchange, in whole or in part, for attending, participating, or performing
at a particular participating school or a postsecondary educational institution.
(c) No participating school or entity whose purpose includes supporting or benefiting such
participating school or its interscholastic athletic activities or related programs or any
</ins>
<ins>officer, director, employee, or agent of such participating school or entity shall provide a
current or prospective student athlete with NIL compensation.
(d) No student athlete who receives NIL compensation pursuant to this article shall:
(1) Wear a school based team jersey or otherwise display a school's name, mascot, logo,
or any other school identifying marks when engaging in any conduct or activity in
exchange for receiving NIL compensation;
(2) Make any reference to a participating school or an athletic association when engaging
in any conduct or activity in exchange for receiving NIL compensation; or
(3)(A) Except as provided in subparagraph (B) of this paragraph, endorse or promote
any good or service of any party that provides NIL compensation to such student athlete
or of any third-party partner of a party that provides NIL compensation to such student
athlete during any interscholastic athletic activity, including, but not limited to:
(i) Wearing apparel of such party or third-party partner;
(ii) Displaying a logo or brand of such party or third-party partner; and
(iii) Displaying an insignia or identifying mark of such party or third-party partner.
(B) The prohibitions provided for in subparagraph (A) of this paragraph shall not apply
to tryouts, practices, or training sessions.
(e) No student athlete shall receive NIL compensation for any conduct or activity that
reasonably can be perceived as endorsing or promoting:
(1) Alcohol products;
(2) Tobacco products, including, but not limited to, smokeless tobacco products;
(3) Vapor products;
(4) Cannabis products;
(5) Controlled substances;
(6) Prescription pharmaceuticals;
(7) Casinos and gambling, including sports betting, the lottery, and betting in connection
with video games, online games, and mobile devices;
</ins>
<ins>(8) Adult entertainment or pornographic products and services;
(9) Any product or service, including, but not limited to, online services and products,
that are restricted for people under the age of 18 years; or
(10) Weapons, firearms, and ammunition.
20-2-2105.4.
Each participating school in this state shall advise each student athlete in writing at the
beginning of the season of each interscholastic athletic activity of the provisions of this
article, Article 13 of Chapter 3 of this title, and Code Sections 39-2-18 through 39-2-21 and
shall provide each student athlete with information concerning the effect of receiving
money or other things of value on the student athlete's future eligibility to participate in
intercollegiate athletics.
20-2-2105.5.
The provisions of this article shall not apply to intramural athletic programs or events at
such participating schools.
20-2-2105.6.
(a) No contract that provides for NIL compensation to a student athlete shall survive after
the earlier of:
(1) Ten calendar days after the date upon which such student athlete graduates from a
participating school; or
(2) Thirty calendar days after the date upon which such student athlete's enrollment in
a participating school terminates for any reason provided for by Georgia law; the policies,
rules, or regulations of the State Board of Education; or the policies, rules, or regulations
of a nonpublic participating school, including, but not limited to, withdrawal,
nonattendance, dropping out, nonresidency in the participating school's attendance zone,
</ins>
<ins>nonresidency in this state, enrollment in a school that is not a participating school, and
expulsion.
(b) No contract that provides for NIL compensation to a student athlete shall include any
provision that does not comply with the provisions of subsection (a) of this Code section,
and any such provision shall be void and unenforceable.
20-2-2105.7.
(a) No athletic association shall prevent a student athlete from or penalize a student athlete
for receiving NIL compensation as provided for in this article.
(b) No athletic association shall prevent a participating school from participating in
interscholastic athletic activities, or otherwise penalize a participating school as a result of
a student athlete of such participating school receiving NIL compensation as provided for
in this article.
(c) No public school which receives funding under Article 6 of this chapter shall
participate in, sponsor, or provide coaching staff for interscholastic athletic activities which
are conducted under the authority of, conducted under the rules of, or scheduled by any
athletic association unless the charter, bylaws, or other governing documents of such
athletic association comply with this article.
20-2-2105.8.
(a) No participating school or athletic association shall prevent a student athlete from
obtaining professional representation in relation to contracts or legal matters, including, but
not limited to, representation provided by athlete agents who are certified as provided for
under Chapter 4A of Title 43 and legal representation provided by attorneys who are
licensed to practice law in this state.
</ins>
<ins>(b) Athlete agents representing student athletes shall comply with the federal Sports Agent
Responsibility and Trust Act, established in 15 U.S.C. Section 7801, et seq., in their
relationships with student athletes."
</ins> SECTION 3.
Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended in
Chapter 2, relating to regulation of employment of minors, by revising Code Section 39-2-18,
relating to applicability of provisions of chapter to minors employed as actors or performers,
as follows:
"39-2-18.
(a) Notwithstanding any other provisions of this chapter to the contrary, <ins>and provided that
the written consent of the Commissioner of Labor must be first obtained,</ins> nothing in this
chapter shall apply to any minor employed <ins>or compensated:
(1) As</ins> <del>as</del> an actor or performer in motion pictures or theatrical productions, in radio or
television productions, <ins>or</ins> in any other performance, concert, or entertainment;, <del>or to any
minor employed in
</del> <ins>(2) For</ins> the making of phonographic records; <del>or as
</del> <ins>(3) As</ins> an advertising or photographic model; <ins>or
(4) For the use of such minor's name, image, or likeness</ins> <del>provided that the written consent
of the Commissioner of Labor must be first obtained,.
</del> (b) Before the Commissioner of Labor shall give his <ins>or her</ins> written consent, as provided
in subsection (a) of this Code section, he <ins>or she</ins> shall investigate and determine <ins>that:
</ins> (1) <ins>The</ins> <del>That the</del> environment in which the work is to be performed is proper for the
minor;
(2) <ins>The terms and</ins> <del>That the</del> conditions of employment <ins>or compensation</ins> are not
detrimental to the health of the minor;
(3) <ins>The</ins> <del>That the</del> minor's education will not be neglected or hampered by his <ins>or her
</ins> participation in any of the activities referred to in subsection (a) <ins>of this Code section;</ins> and
(4) <ins>Neither</ins> <del>That</del> the minor <ins>nor his or her name, image, or likeness</ins> will <del>not</del> be used for
pornographic purposes <ins>or for any purpose prohibited by subsection (e) of Code
Section 20-2-2105.3."
</ins> SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval and shall apply to all contracts entered into or renewed on or after
such date.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.