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Alabama lawmaker files bill that would allow NIL for high school athletes

Jeremy Crabtreeby:Jeremy Crabtree12/11/23

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Rep. Jeremy Gray during discussions on the house floor at the Alabama Statehouse. (Mickey Welsh/Advertiser)

Alabama is one of the top-talent-producing states that doesn’t allow high school athletes to participate in NIL without losing eligibility. That could change if an Alabama state representative generates traction with his latest proposal.

Rep. Jeremy Gray, a Democrat from Opelika who is running from Congress, recently introduced House Bill 25. The bill would bypass the Alabama High School Athletic Association’s amateur policy that prohibits NIL activities and allow prep stars to make money off deals.

Gray’s bill is limited to the athlete and does not allow the use of “marks, including a school logo, school name, school mascot, or trademarked logo or acronym of an athletic association,” along with some other restrictions. Plus, the bill says no student-athletes in the state “shall be prevented from receiving compensation for the use of his or her name, image or likeness.”

Gray, who played football at NC State and was a former three-star recruit, told AL.com the move would put Alabama on the same level playing field as other states that have NIL laws for high school athletes.

“It’s already happening on a college level and what better way to get kids trained to the mindset of NIL by starting in high school,” Gray told AL.com.

Neighboring states allow NIL for high schoolers

In early October, the Georgia High School Association amended its rules to allow high school student-athletes to participate in NIL without losing eligibility. A similar revision is being considered in Florida. It’s also allowed in Tennessee. With the Georgia change, 34 local athletic associations across the country allow student-athletes to participate in NIL deals without forfeiting the ability to play high school sports.

Some high school coaches in states without NIL rules have spoken out about losing top players to areas where it’s allowed. Even multiple varsity coaches in Alabama have talked openly about out-of-state coaches in NIL-legal areas recruiting players away.

Many national NIL observers believe Alabama could be one of the next states to shift its stance on NIL and amateur rules. This bill could be the spark to make it happen.

“Now that Georgia high school athletes can monetize their NIL, I wouldn’t be surprised if Alabama is next considering their proximity and competition on the gridiron,” Dan Greene, an associate attorney at Newman & Lickstein, told On3 in November. “Perhaps these other associations will realize that the ‘Wild, Wild West’ aspect of NIL has either come and gone or is not as big as some others have made it out to be.”

What are the rules currently in Alabama?

The AHSAA follows an amateur policy that says high school student-athletes “can’t use (their) athletic abilities to gain anything financially,” according to director Alvin Briggs.

Yet, things got extremely murky when AHSAA assistant director Jeff Segars told WCOV Fox 20 in mid-October that “for the most part, [the Georgia High School Association NIL rule is] nothing different from what our amateur rule says.”

“Our amateur rule says that an athlete can’t make money off his athletic ability,” Segars said. “We have that. It’s not NIL. It’s an amateur rule. But everybody is jumping up and down saying, ‘We gotta have NIL.’ Well, the NCAA doesn’t even know what it is. They’re trying to get control of it. All these people want to talk about NIL. Our amateur rule is doing a good job.

“Our member schools make the rules. If they want to come in and change it, we’ll enforce the rules like they make them.”

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Where is NIL not allowed for high school athletes?

While Alabama is one of the top recruiting hotbeds that doesn’t allow NIL for high school athletes, it’s not the only state that has either state laws or state association rules against it. It’s widely accepted that there are still 17 state associations where NIL is not allowed if players want to participate in prep sports.

Outside of Alabama, it’s also not allowed in top talent-producing states like Arizona, Florida, Michigan, Mississippi, North Carolina, Ohio, South Carolina and Texas.

The Florida High School Athletic Association is currently drafting an NIL reform proposal for its board of directors to view. Additionally, the Michigan House passed a bill in October that would prohibit schools and athletic associations from blocking students from participating in NIL activities. Plus, South Carolina High School League commissioner Jerome Singleton said in mid-November that he’s writing an NIL policy that will be presented for a vote in January.

Who could benefit in Alabama?

While a change would be too late for the Class of 2024, a revised NIL stance in Alabama could impact juniors and other underclassmen throughout the state.

There are currently six Class of 2025 football prospects that have an On3 NIL Valuation of more than $75,000.

At the top of the list is four-star Texas Longhorns quarterback commit K.J. Lacey of Saraland, who has an On3 NIL Valuation of $275,000. Lacey has more than 52,000 followers on social media.

Five-star cornerback Na’eem Offord – one of the most coved prospects in the country – has an On3 NIL Valuation of $161,000. That’s a number that’ll surely increase as the star defender from Birmingham Parker adds more and more followers on social media and gets closer to a college decision.

Even 2026 star linebacker Anthony Jones of Mobile St. Paul’s Episcopal already has an On3 NIL Valuation of $111,000 – and he’s still early in his recruitment and high school career.