Georgia Gov. Brian Kemp signs executive order prohibiting NCAA from enforcing NIL rules

Georgia Gov. Brian Kemp signed an executive order Tuesday prohibiting the NCAA from taking “adverse action” against an institution for compensating an athlete for NIL.

The order is immediately effective and will remain in effect until a federal law is enacted regulating the rights of athletes or the effective date of the House v. NCAA settlement. If approved, the settlement will allow schools to share $20 to $23 million annually in revenue to athletes, and the NCAA and its conferences have also agreed to pay $2.8 billion in back damages to former athletes.

Until the settlement is approved, institutions are operating under a patchwork of state laws. Lawmakers in Missouri and Texas have passed bills in recent years to prevent the NCAA from launching investigations into NIL activities. Missouri’s NIL law even allows high school recruits to enter into NIL deals and start earning endorsement money as soon as they sign with in-state colleges

“Student-athletes in the State of Georgia should compete on a level playing field and not forgo compensation available to student-athletes in other states while the settlement is pending,” Georgia’s executive order states.

The signing comes as NCAA President Charlie Baker and college sports leaders continue lobbying lawmakers on Capitol Hill for a federal NIL bill.

Currently, there is not a timeline as to when the House v. NCAA settlement could be approved. A hearing earlier this month sent attorneys to change language in the documents that would limit boosters and NIL collective payments to athletes.

Since the summer of 2021, NIL collectives have become integral for football and men’s basketball programs to recruit and retain top talent. More than 80% of the dollars distributed to athletes in NIL come from booster-funded entities. A February preliminary injunction in Tennessee forced the NCAA to halt all ongoing investigations into collectives.

Kemp’s executive order gives Georgia and Georgia Tech football a competitive NIL advantage in compensating athletes.