(The Center Square) – Georgia Gov. Brian Kemp issued an executive order on Tuesday that would protect Georgia’s colleges and universities that pay student-athletes for using their name, image or likeness, also known as NIL.
The order allows the compensation as long as state-allocated funds are not used for the payments.
The NCAA banned payments to student-athletes for decades, prohibiting them from commercial endorsements. The organization relaxed its rule in 2021 to allow student-athletes to make money for the commercial use of their image. But colleges and universities were still banned from paying the athletes while the NCAA works out a settlement.
“Until the settlement is approved and effective, legislative and executive actions across the country create a patchwork of inconsistent rules regulating intercollegiate athletics,” Kemp said in the order. “Student-athletes in the State of Georgia should compete on a level playing field and not forgo compensation available for student-athletes in other states while the settlement is pending.”
Virginia Gov. Glenn Youngkin signed a bill that would allow colleges and universities to pay student-athletes.
“We’re empowering our colleges and universities and enabling these athletes to fully benefit from their God-given talents,” Youngkin said in a social media post.
The NCAA announced the settlement in July but said two issues were not resolved. One involves “the patchwork of state laws” regarding NIL.
“These laws will need to be preempted by federal legislation in order for the settlement to be effective,” the NCAA said in a news release.
Efforts to designate student-athletes as state employees are also unresolved, the NCAA said.
The settlement would allow the top five athletic conferences to pay student-athletes up to 22% of athletic media, ticket and sponsorship revenue beginning with the 2025-26 school year. Student-athletes could receive $1.5 billion to $2 billion a year once the settlement is in effect, according to the NCAA.
