Bill
S 4439
Establishes a comprehensive NIL framework allowing four-year colleges to compensate student-athletes for NIL, with confidentiality, representation, and anti-penalty protections for
Subtitle: An Act concerning student-athletes, supplementing Title 18A of the New Jersey Statutes, and repealing P.L.2020, c.83.
Status and Chronology
- Introduced: May 19, 2025
- Referred to Senate Higher Education Committee; subsequently reported favorably (May 22, 2025) and passed by both houses mid-2025
- Reaffirmed and enacted as P.L. 2025, c.110 on July 22, 2025
- Primary sponsor: Dan Stec
- Related/complementary bills: A 5729 (companion)
Purpose and Scope
- Establishes a framework for name, image, and likeness (NIL) compensation for student-athletes at four-year colleges and universities that offer athletic scholarships.
- Repeals the New Jersey Fair Play Act (P.L.2020, c.83).
Key Provisions
1) Definitions
- Introduces and defines “related entity” to include entities such as auxiliary services corporations, alumni associations, foundations related to a four-year institution, or any subsidiary or affiliated entity.
2) NIL Compensation
- Four-year institutions shall not prohibit a student-athlete from earning compensation for the use of their name, image, or likeness (NIL).
- Institutions or related entities may contract directly with student-athletes to provide NIL compensation.
- Age-based limit: student-athletes under 21 may not earn NIL compensation if the compensation is connected to alcohol, tobacco/electronic smoking products, or cannabis products.
3) Professional Representation
- Student-athletes may obtain professional representation related to NIL contracts or legal matters.
- Representations may be provided by licensed attorneys or athlete agents.
- Licenses and conduct: attorneys and athlete agents must act in fiduciary capacity; athlete agents must comply with the federal Sports Agent Responsibility and Trust Act (SARRA).
4) Public Disclosure
- NIL contracts entered into by student-athletes are not subject to open public records requests (FOIA-like disclosure) under the state Open Public Records Act.
5) Intercollegiate Athletic Oversight
- Athletic associations, conferences, or groups (including the NCAA) cannot penalize four-year institutions or related entities for activities permitted under the act.
- Violations may be addressed via civil action for damages, attorney fees, injunctive relief, and other legal remedies.
6) Education and Programming
- Institutions must provide annual programming/materials to all student-athletes on NIL topics (financial literacy, brand management, life skills, etc.).
7) Applicability
- Applies to four-year institutions that offer athletic scholarships (Division I and II institutions included).
8) Repeal
- Repeals P.L.2020, c.83 (the prior NIL framework under the NJ Fair Play Act).
Effective Date
- Effective immediately upon enactment.
Impact and Considerations
Overall, S 4439 creates a comprehensive NIL framework within New Jersey higher education, balancing student-athlete opportunities with protections for institutions, while repealing the prior statutory regime from 2020.
Compiled from official sources — confirm details with the bill’s official record.
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