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NIL

Arkansas

High School Status

Permitted

High School Governing Body

Arkansas Activities Association (AAA)

Source

AAA Handbook: Rule 10. AMATEURISM

NIL State Law

House Bill 1671; House Bill 1649 (Not applicable to high school athletes)

Status

What We Discovered

Current AAA bylaws prohibit high school athletes from monetizing their NIL. During a meeting in Oct. 2021, the administration stated that a student-athlete shall not profit from their NIL while wearing their school’s uniform. However, Act 589 passed in 2023 Allows Athletes to accept NIL deals as soon as they are accepted into an Arkansas University.

Summary

College

NIL Law: HB1671 (Arkansas Student Publicity Rights Act): Amended by HB1649

Abstract | Full Law | Passed: 4/5/2023 | Effective: 4/11/2023

House Bill 1671 (HB1671) allows student-athletes to profit from their name, image, and likeness. Unique verbiage in the bill prevents athletes from entering into contracts prior to their enrollment at a postsecondary institution and from partaking in NIL deals related to vice industries, including adult entertainment, alcohol, gambling, tobacco, marijuana, or any other product, method, or service that is outlawed by an association, conference, or governing body. HB1649 amended the law to allow state universities to “facilitate and otherwise enable” NIL opportunities for athletes. It also allows tax-exempt collectives to directly compensate athletes for publicity rights. Additionally, the amendment prohibits the NCAA from preventing a university from assisting in the NIL process.

Summary

High School

Current AAA bylaws prohibit high school athletes from monetizing their NIL. During a meeting in Oct. 2021, the administration stated that a student-athlete shall not profit from their NIL while wearing their school’s uniform. The administration is keeping an eye on NIL developments and may discuss this when they reconvene in August. However, act 589 passed in 2023 Allows Athletes to accept NIL deals as soon as they are accepted into an Arkansas University.

Bylaws | AAA Handbook

Excerpt | Rule 10, Amateurism

    1. The AAA endorses the general principle of amateur athletics that prompts an individual to participate in activities solely for the pleasure and physical, mental or social benefits derived from the activity.
    2. A student that violates the amateur rule in any AAA Sponsored Sport may lose eligibility in that sport for up to 365 days.
    3. Violations. A student may not:
        • Compete under an assumed name.
        • Directly or indirectly accept monetary awards or compensation other than the actual or reasonable cost of necessary meals, lodging or transportation in connection with participation.
        • Directly or indirectly accept gifts, products, awards or monetary compensation for permitting his/her name, picture, or person to be used to advertise, promote or recommend a product, service,commercial venture or political venture.
        • Compete for or directly or indirectly accept gifts, awards, or monetary compensation in any form for participation in an event except for those permitted in the amateur rules of the governing body of that specific sport.
        • Student apparel or equipment to be used at a competition site may not be used to advertise, promote or recommend a product, service, commercial venture or political venture. Uniform and equipment manufacturer names, logos or marks are permitted.

    Excerpt | Act 589

    • SECTION 1. Arkansas Code § 4-75-1302(7)(A), concerning the definition of student-athlete used under the Arkansas Student-Athlete Publicity Rights Act, is amended to read as follows:

    (7)(A) “Student-athlete” means an individual who:

    (i) enrolled Has been accepted into admission or signed a National Letter of Intent or other written agreement to enroll in an institution of higher education within the State of Arkansas; or (ii) at Is enrolled at an institution of higher education who is eligible to engage in any varsity intercollegiate athletics program at the institution.