The law
Hawaii has no college NIL statute. In short: None (athlete agents, HRS chapter 481Z). Rows drawn from a statute come from the enacted text on the legislature's own site; rows drawn from a school or board policy name that policy. Every source is linked under Sources, read on October 21, 2026.
What it says
| Question | What applies | Section or source |
|---|---|---|
| Who is covered | Not addressed (no NIL statute). HRS chapter 481Z covers any "student athlete" who engages in or may become eligible for an interscholastic or intercollegiate sport, so it reaches high school and college athletes alike. The failed S.B. 3263 would have covered students enrolled at a University of Hawaii campus who participate in intercollegiate athletics | HRS 481Z-2; S.B. 3263, C.D. 1, proposed 304A-A (not enacted) |
| Disclosure to the school | Not addressed for NIL deals. Under 481Z, when an athlete signs an agency contract, the athlete and the agent each tell the athletic director within 72 hours or before the next athletic event, whichever comes first. In practice NIL deal reporting comes from university policy and, at the Division I campus (UH Manoa, per the NCAA directory), NCAA Bylaw 22.2.2 (deals of $600 or more through NIL Go within five business days). The failed S.B. 3263 would have required disclosure to the university of third-party deals of $600 or more | HRS 481Z-11(b), (c); S.B. 3263, proposed 304A-D(a) (not enacted) |
| Banned categories | Not addressed. The failed S.B. 3263 would have let the university bar deals involving adult entertainment, firearms or weapons, gambling, sports wagering or illegal drugs, tobacco or vaping, and any industry or entity in conflict with its mission or financial interests. Any category limits now come from university and NCAA rules | S.B. 3263, proposed 304A-C(c) (not enacted) |
| Conflicts with team contracts | Not addressed. No Hawaii statute governs conflicts between an athlete's deal and a university sponsorship contract; university policy controls | None |
| School and coach involvement | Not addressed. 481Z's definition of "athlete agent" leaves out of its advisory-role part an employee of an educational institution acting only as an employee for the institution's benefit. No statute limiting coach involvement in NIL deals was found | HRS 481Z-2 |
| Direct pay from the school | Not addressed. No Hawaii statute authorizes or bars University of Hawaii payments to athletes. The failed S.B. 3263 would have created an NIL endowment fund (an initial $4,000,000 from the tuition and fees special fund, $2,500,000 in general funds and $5,000,000 in matching gifts) and confirmed the university could enter institutional NIL agreements | S.B. 3263, proposed 304A-E(2), 304A-G (not enacted) |
| Agents and attorneys | An individual may not act as an athlete agent in Hawaii without a certificate of registration from the director of commerce and consumer affairs; an agency contract that results from unregistered conduct is void. "Agency contract" covers endorsement contracts. A licensed professional such as an attorney is outside the definition unless the person also recruits or solicits the athlete, procures pro employment, or charges athletes differently. Registration lasts two years and renews by June 30 of each even-numbered year; the fee is set by DCCA rule (DCCA's own application form UAA-00, dated 04/24, lists $357 or $497 depending on when the application is filed). The contract needs a boldface warning, and the athlete may cancel within 14 days, a right that cannot be waived | HRS 481Z-2, 481Z-4, 481Z-6(f), 481Z-9, 481Z-10, 481Z-12 |
| High school and minors | Not addressed for NIL. 481Z applies to interscholastic athletes too, and for a minor the parent or guardian signs the agency contract and holds the cancellation right | HRS 481Z-2, 481Z-10(g), 481Z-12(a) |
| Financial literacy | Not addressed. The failed S.B. 3263 would have required university policies on athlete education about taxes, contracts and financial management | S.B. 3263, proposed 304A-C(a)(3) (not enacted) |
| Scholarship protection | Not addressed. The failed S.B. 3263 said NIL pay "shall not affect" scholarship eligibility, grant-in-aid or team participation. With no statute, scholarship terms follow NCAA rules and the athletics aid agreement | S.B. 3263, proposed 304A-B(b) (not enacted) |
| Confidentiality of contracts | Not addressed. No statute exempts NIL contracts from Hawaii's Uniform Information Practices Act (HRS chapter 92F). The failed S.B. 3263 would have made disclosure records confidential and exempt from chapter 92F. No Office of Information Practices opinion on NIL contracts was found | HRS chapter 92F; S.B. 3263, proposed 304A-D(d) (not enacted) |
| NCAA and conference penalties | Not addressed. No Hawaii statute bars the NCAA or a conference from acting against an athlete or the university over NIL | None |
| Remedies and enforcement | For agent violations only, a school or athlete harmed by an agent may sue for treble damages, punitive damages, costs and attorney's fees; a violation is an unfair or deceptive practice under HRS 480-2; the director may impose a civil penalty up to $50,000; prohibited conduct is a misdemeanor | HRS 481Z-14 to 481Z-17 |
| Employee status | Not addressed. The failed S.B. 3263 said nothing in it would create an employment relationship between an athlete and the university | S.B. 3263, proposed 304A-E(1) (not enacted) |
The 2026 bills that did not pass
Hawaii came closest to an NIL statute in 2026. S.B. 3263 ("Relating to the University of Hawaii") was introduced on 2026-01-28, went through five amended drafts (S.D. 1, S.D. 2, H.D. 1, H.D. 2, H.D. 3), and was reported out of conference committee (Conf. Com. Rep. No. 240-26) as C.D. 1. On 2026-05-08 it passed final reading in the House and failed final reading in the Senate, 11 ayes to 12 noes with two senators excused. Its House companion, H.B. 2384, passed the House on 2026-03-05 and was referred to Senate committees on 2026-03-10 with no further action.
The C.D. 1 text would have added a new subpart to HRS chapter 304A that:
- let University of Hawaii athletes earn NIL pay consistent with federal law and NCAA rules, and barred the university, a conference or the NCAA from unduly restricting NIL activity except for compliance with law, post-House-settlement NCAA rules, or neutral university policies;
- required university policies on institutional NIL agreements, third-party deal disclosure, athlete education, agent interactions and Title IX;
- required athletes to disclose third-party deals worth $600 or more, made those records confidential and exempt from chapter 92F, and required an annual aggregate report to the Legislature from 2028;
- gave athletes at least ten business days to rescind an NIL agreement;
- created an NIL endowment fund with a $10,000,000 minimum corpus; and
- would have repealed itself on 2030-06-30.
None of that is law. A separate bill, S.B. 3261 ("Relating to Athlete Agents"), would have amended HRS 481Z-2 so that NIL-only representation (endorsements, appearances, social media branding, licensing of publicity rights) requires registration as an athlete agent. It passed second reading in the Senate on 2026-02-19 and was referred to the Commerce and Consumer Protection committee, where it stopped. The committees that reported it wrote that the existing athlete agent law "does not account for activities relating to NIL contracts" (Stand. Com. Rep. No. 2476).
Earlier bills also stopped short: H.B. 2665 and S.B. 2673 (2020) would have given college athletes the right to NIL pay, and S.B. 2616 (2024) would have done so for high school athletes. None became law.
The athlete agent law that does apply
Hawaii replaced its 2007 Uniform Athlete Agents Act (chapter 481E) with the Revised Uniform Athlete Agents Act, chapter 481Z, effective 2020-07-01 (Act 193 of 2019). It is administered by the director of commerce and consumer affairs (HRS 481Z-2, 481Z-3). Agents register for two-year terms (renewal by June 30 of even-numbered years), and agents registered in another Revised Act state can register by reciprocity (HRS 481Z-5(b)). DCCA's own application form (UAA-00, 04/24) lists the total due as $357 when filed between July 1 of an odd-numbered year and June 30 of an even-numbered year, and $497 otherwise. A contract signed without registration is void, and the agent returns what was paid (HRS 481Z-4(c)). The current HRS text on the Legislature's site shows no amendment since Act 193 of 2019.
What fills the gap in practice
With no NIL statute, the University of Hawaii's own athletics policies, NCAA bylaws and, for the Division I campus at Manoa, the House settlement framework and NIL Go reporting decide disclosure, school payments and category limits. UH Hilo competes in NCAA Division II and the Pacific West Conference (NCAA member directory; Board of Regents Committee on Student Success minutes, 2026-05-07), so the Division I reporting bylaw does not apply there.
How it changed
| Act | What it did | Effective |
|---|---|---|
| Act 193 (2019), H.B. 66 | enacted the Revised Uniform Athlete Agents Act, HRS chapter 481Z (registration with the director of commerce and consumer affairs, agency contract form, 72-hour notice to the athletic director, 14-day cancellation, civil remedy and penalties), and repealed the 2007 Uniform Athlete Agents Act, chapter 481E; agency contracts include "endorsement contracts", so the act reaches agents who negotiate athletes' endorsement deals | 2020-07-01 (approved 2019-07-02) |
| S.B. 3263 (2026), not enacted | would have added a student-athlete NIL subpart to HRS chapter 304A (UH policies, disclosure of third-party deals of $600 or more, a 10-business-day right to rescind, confidential records) and an NIL endowment fund; passed final reading in the House and failed final reading in the Senate the same day, 11 ayes to 12 noes | not law (failed 2026-05-08) |
Federal law
As of 2026-10-21, S. 4668 (Protect College Sports Act) passed the Senate 77-22 on 2026-09-28 and has been held at the House desk since 2026-10-05, with no later action in the Congress.gov bill status data on govinfo; it is not law. Because S.B. 3263 failed, Hawaii has no NIL statute for § 121(a) to preempt. On its text, the bill would cover much of what S.B. 3263 proposed for UH: § 101(c) lets schools and collectives pay athletes for NIL, § 101(a) bars restrictions on NIL pay and eligibility, and § 101(b) requires athletes at schools whose primary membership is Division I (UH Manoa, not Division II UH Hilo, per the NCAA directory; § 101(b)(5)) to report deals over $600 within 5 days to the school and to the association or its designated entity, close to the $600 university disclosure S.B. 3263 would have set. Section 102 would amend the federal Sports Agent Responsibility and Trust Act with a cap of 5 percent of the value of an endorsement contract on agent fees, a bar on agency contracts that outlast eligibility, a private right of action, and a requirement to "register with a State", which counts an agent "registered and certified under the All State Uniform Agent Acts in the State in which the agent operates". Hawaii's HRS chapter 481Z is the Revised Uniform Athlete Agents Act, the kind of law § 121(b)(1)(A) preserves unless it conflicts with § 121(a).
What sits on top of it
- Division I reporting. Third-party deals of $600 or more go to NIL Go within five business days, whatever the state's own rule (NIL Go, reporting a deal, level by level).
- Your school. A school can set a stricter policy than the statute, and most set the disclosure process.
- Agents. Hawaii's athlete-agent rules are on the state-by-state registration table.
- High school. High school NIL in Hawaii is set by the state's athletic association, not this statute.
- Taxes. NIL taxes in plain words.
How Leave fits
In Leave, every deal thread carries a rules summary for the athlete's state and level, and keeps the contract, its dates and the disclosure deadline that applies. It is a summary, not a ruling; the school and the statute decide. Leave is software, not an agent, and takes 0% of any deal. You decide, you send.
Questions about college NIL law in Hawaii
Does Hawaii have an NIL law in 2026?
Not for college athletes. S.B. 3263 (2026), which would have added NIL rules for University of Hawaii athletes to HRS chapter 304A, passed the House on 2026-05-08 but failed final reading in the Senate the same day, 11 ayes to 12 noes. The House companion, H.B. 2384, passed the House on 2026-03-05 and was last referred to Senate committees on 2026-03-10. The Hawaii statute that does reach NIL work is the athlete agent law, HRS chapter 481Z.
Can the University of Hawaii pay athletes directly?
No Hawaii statute on it either way was found. The failed S.B. 3263 would have set up an NIL endowment fund seeded with $4,000,000 from the tuition and fees special fund and $2,500,000 in state general funds, but it did not pass. School payments are governed by NCAA rules and the House settlement, which no Hawaii law adds to or limits.
Do I have to tell my school about an NIL deal in Hawaii?
No Hawaii statute requires it. University of Hawaii policy and NCAA rules can: at a Division I school, NCAA Bylaw 22.2.2 calls for reporting deals of $600 or more through NIL Go within five business days. Separately, HRS 481Z-11(c) says an athlete who signs an agency contract with an athlete agent informs the athletic director within 72 hours or before the next athletic event, whichever is first.
Does Hawaii require an NIL agent to be licensed?
Hawaii requires registration, not a license. HRS 481Z-4 says an individual may not act as an athlete agent in Hawaii without a certificate of registration from the director of commerce and consumer affairs, and an "agency contract" includes one for an endorsement contract (HRS 481Z-2). Registration runs two years, renewed by June 30 of even-numbered years (HRS 481Z-6(f)). A 2026 bill to spell out that NIL-only representation is covered, S.B. 3261, did not leave the Senate.
Are NIL contracts public records at the University of Hawaii?
No Hawaii statute answers that. NIL contracts held by the university fall under the Uniform Information Practices Act (HRS chapter 92F) with no NIL-specific exemption; S.B. 3263 would have made disclosure records confidential, and it failed. No Office of Information Practices opinion on athlete NIL contracts was found.
Be your own agent. Leave.
