High School Status
Permitted
High School Governing Body
Status
What We Discovered
Colorado’s state NIL law (SB20-123) does not address NIL at the high school level. This gives the CHSAA, which governs high school athletics in Colorado, the authority to make decisions regarding NIL. During the April CHSAA’s 2022 Legislative Council meeting, the administration voted to amend its bylaws permitting student-athletes to monetize their NIL, so long as there is no affiliation with a CHSAA member school. We are still gathering information on when the updated bylaws will take effect.
Summary
College
NIL Law: Senate Bill 20-123; Amended by SB 23-293
Abstract | Full Law | Passed: 3/20/2020 | Effective: 7/1/2021
The language of SB 20-123 is fairly consistent with the NIL laws in other states. The act goes into effect January 1, 2023, and grants college athletes “the rights of college athletes, and, in connection therewith, establishing their right to receive compensation for the use of their names, images, and likenesses and their right to obtain professional and legal representation.” The act was amended in 2023 to allow institutions of higher education in Colorado to “identify, create, facilitate, and otherwise enable” NIL opportunities for athletes. The amendment also stipulates that tax-exempt organizations may compensate an athlete for the use of their NIL.
Summary
High School
In April 2022, the CHSAA Legislative Council voted (88% yes / 12% no) to amend its bylaws allowing student-athletes to monetize their NIL, so long as there is no affiliation with a CHSAA member school. We are still gathering information on when the updated bylaws will take effect. Read the updated bylaw below.
Current Bylaws | CHSAA Constitution and Bylaws
Excerpt | Article 20: Amateur Standing
2000. Amateur Status
2000.1 The amateur rule applies to those athletic activities which are recognized by the CHSAA as part of the interscholastic program.
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- 2000.11 An amateur athlete is one who participates and competes in sport solely for the physical, mental and social pleasure that comes from playing a sport
- 2000.12 An essential condition of CHSAA athletic eligibility is that a student-athlete must maintain his/her/their amateur status. He or she may not compete for or accept cash for playing some part or all aspects of a sport. An amateur may not sign a professional athletic contract.
2010. Awards
2010.1 Student-athletes participating in any CHSAA sanctioned interscholastic athletic activities sponsored and/or approved by the Association shall only accept award(s) that have no intrinsic value and cost less than $100, exclusive of engraving. The student-athlete may accept meals, lodging, transportation and merchandise for participating in a non-CHSAA sanctioned sport or event, as determined by the national governing body of that sport.
EXCEPTION 1: A corporate entity, restaurant, or other vendor that is not associated with the school(s) may provide an award for players on one or more teams that exceeds the $100 limit.
EXCEPTION 2: Student-athletes may fundraise for personal items that exceed the $100 limit.
Amendment (Page 35: Has not taken effect yet)
2000. Amateur Status
2000.2 Name Image and Likeness
Student-athletes will be prohibited from
monetizing their name, image and likeness with the use of their school’s uniform, equipment, logo, name, proprietary patents, products and/or copyrights associated with a CHSAA member school either in public, print or social media platforms.
Note: A student-athlete forfeits their amateur status in a sport by signing a professional playing and/or endorsement contract of monetary value or other compensation.