Georgia Gov. Brian Kemp signed an executive order Tuesday that effectively allows the state’s universities and colleges to pay students directly for the use of their name, image and likeness.
Kemp’s order specifically prohibits the NCAA or any collegiate athletic conference from punishing Georgia schools for “offering compensation, or compensating an intercollegiate student-athlete for the use of such student-athlete’s NIL.”
College athletes were granted the ability to profit off their names, images and likeness in the 2021 Supreme Court decision of NCAA v. Alston. Still, the current rules and regulations don’t allow schools to pay players directly. Rather, players often enter agreements with affiliated but independent “collectives,” or they strike NIL deals with companies on their own.
As part of an antitrust settlement that could further alter the landscape of college sports, the NCAA did agree to drop the restriction on direct payments. But the settlement is still pending and may not kick in until the 2025-26 school year.
Georgia’s order goes into effect immediately.
“We extend our sincere gratitude to Governor Brian Kemp for his leadership today,” Georgia athletic director Josh Brooks and Georgia Tech athletic director J Batt told ESPN in a joint statement. “In the absence of nationwide name, image and likeness regulation, this executive order helps our institutions with the necessary tools to fully support our student-athletes in their pursuit of NIL opportunities, remain competitive with our peers and secure the long-term success of our athletics programs.”
Other states are considering similar measures, which is the opposite of the stated goal of Southeastern Conference commissioner Greg Sankey in July, when he called on Congress to restore and further develop “national standards for college athletes.” Georgia athletes participate in the SEC.
“I’m actually the voice of our student-athletes because they have said over and over, we deserve better as student-athletes than to have a patchwork of state laws that tell us how to manage our name, image and likeness. We deserve better than a race to the bottom for competitive purposes on a state-by-state basis, and we as student-athletes want to know when we line up for a kickoff, tip off in a basketball game, first pitch in a softball or baseball game, that the people occupying the other uniforms are governed by the same set of standards governing us,” Sankey said at SEC Media Days in July.
Georgia wasn’t the first state to adopt its own governance on the matter.
The Virginia Legislature passed a law in July that aims to protect its schools from NCAA penalties for paying college athletes directly.
