Senate committee substitute to the 1st edition makes the following changes.
Amends the act's long title.
Amends the proposed definition of Name, image, and likeness (NIL) contract for GS 78C-86 by specifying the contract is between a student-athlete and “any” entity, and that the contract is for consideration in exchange for the “license” or use (was, use only) of the student’s name, image, or likeness.
Amends the proposed language of the required notice for NIL agency contracts under GS 78C-94 to remove the language directing student-athletes to consult with their institution of higher education before entering any NIL contract.
Amends the proposed language for confidentiality of records related to NIL contracts under GS 132-1.2 by removing the language related to third parties that only came into possession of the records when reviewing for compliance with federal or state law, institutional policies, or policies of a sports association, organization or conference.
Bill Summaries: all (2025-2026 Session)
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Bill S 229 (2025-2026)Summary date: Apr 30 2025 - View summary
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Bill S 229 (2025-2026)Summary date: Mar 4 2025 - View summary
Amends the NC Uniform Athlete Agents Act (Article 9 of GS Chapter 78C) to provide for certain types of student-athlete contracts, as follows. Defines terms name, image, and likeness (NIL) agency contract (an agreement in which a student-athlete authorizes a person to negotiate or solicit an NIL contract on behalf of the student-athlete), name, image, and likeness (NIL) contract (a contract between a student-athlete and another entity in which the student-athlete receives consideration in exchange for use of the student-athlete's name, image, or likeness), and professional-sports-services agency contract (a agreement in which a student-athlete authorizes a person to negotiate or solicit a professional-sports-services contract on behalf of the student-athlete). Makes conforming changes to defined term agency contract to include an NIL contract. Removes the term endorsement contract.
Amends GS 78C-94(c) (pertaining to the required form of contracts) to specify that the conspicuous boldface warnings set forth in that subdivision only apply to professional-sports-services agency contracts (currently, applies to agency contracts). Requires an NIL agency contract to contain the specified boldfaced notice in close proximity to the signature.
Amends GS 78C-95 (pertaining to notice to educational institution) to specify that when a student-athlete enters into professional-sports-services agency contracts they must provide certain notice to certain personnel in their educational institution (currently, only applicable to agency contracts).
Amends GS 78C-98 to provide that if an athlete agent is currently or was within the prior two years employed or in a contractual relationship with an educational institution, the following applies: (1) the athlete agent cannot enter into an NIL agency contract with a student-athlete who is enrolled in that educational institution and (2) an NIL agency contract is void if, following entry into an NIL agency contract, a student-athlete enrolls in that educational institution. Makes conforming changes to GS 78C-88 (pertaining to athlete agents).
Applies to NIL contracts entered into on or after the date the act becomes law.
Amends GS 132-1.2 (confidential information under State public records law) to bar public agencies from disclosing records related to a student-athlete's name, image, and likeness contract with a third party that only came into the possession of an institution of higher education for the purpose of reviewing for compliance with federal law, State law, institutional policies, or policies of an intercollegiate sports association, organization, or conference. Effective when the act becomes law and applies retroactively to all records related to a student-athlete's name, image, and likeness contract ever in the possession of the institution of higher education.