The law
New Mexico's college NIL law is NMSA 1978, §§ 21-31-1 to 21-31-4 (Student Athlete Endorsement Act) (status: in force). Everything on this page is taken from the enacted text on the legislature's own site, linked under Sources, read on October 21, 2026.
What it says
| Question | What the statute says | Section or source |
|---|---|---|
| Who is covered | A "student athlete" is an individual who engages in an intercollegiate sport. A "post-secondary educational institution" is any academic, vocational, technical, business, professional or other school, college, university or other organization offering courses or education from a physical site in New Mexico, through distance education, correspondence or in person. A "third party" is anyone other than a school, athletic association or athletic conference | 21-31-2(A) to (C) |
| Disclosure to the school | Not addressed. The act has no reporting rule; disclosure comes from school policy and, at the Division I schools (University of New Mexico and New Mexico State), NCAA Division I rules (third-party deals of $600 or more reported through NIL Go, with a five-business-day reporting requirement for new or changed deals) | None |
| Banned categories | Not addressed | None |
| Conflicts with team contracts | A school may not prevent an athlete from receiving third-party NIL pay when the athlete is not engaged in official, mandatory team activities. A third party may not offer an NIL contract that requires the athlete to advertise for the sponsor in person during official, mandatory team activities without the school's approval | 21-31-3(A)(2), (C) |
| School and coach involvement | Not addressed since 2023-06-16. S.B. 219 repealed the 2021 ban on a school arranging third-party NIL pay or using such deals as inducements to recruit prospective athletes | 21-31-3 (as amended by Laws 2023, ch. 105) |
| Direct pay from the school | Not addressed. The act speaks only of third-party pay and neither authorizes nor bars school payments. The Legislative Finance Committee's 2026 analysis of H.B. 335 states that New Mexico "currently has no prohibition on the use of state or tuition funds for the payment of student athletes" | 21-31-3; LFC fiscal impact report, H.B. 335 (2026) |
| Agents and attorneys | A school "shall not interfere with or prevent a student athlete from fully participating in athletics for obtaining representation in relation to contracts or legal matters". Agents fall under New Mexico's Uniform Athlete Agents Act: registration with the Secretary of State before acting as an agent ($250 initial fee, two-year certificate), a printed warning in the agency contract, notice to the athletic director within 72 hours or before the next athletic event, and a 14-day cancellation right | 21-31-4; 61-14F-4, 61-14F-6, 61-14F-9 to 61-14F-12 |
| High school and minors | Not addressed. The act covers intercollegiate athletes. H.B. 302 (2023), which would have extended NIL protections and agent representation to all school-age persons, was not enacted | 21-31-2(B) |
| Financial literacy | Not addressed | None |
| Scholarship protection | Earning NIL pay "shall not affect a student athlete's grant-in-aid or stipend eligibility, amount, duration or renewal", and a grant-in-aid or stipend "shall not be revoked or reduced" because of it | 21-31-3(B) |
| Confidentiality of contracts | Not addressed. No New Mexico statute exempts NIL contracts from the Inspection of Public Records Act. H.B. 335 (2026), which would have barred schools from disclosing NIL compensation records except by court order or for association or conference compliance, died in the House Education Committee (action postponed indefinitely) | None; H.B. 335 (2026, not enacted) |
| NCAA and conference penalties | Not addressed as a bar on the NCAA or conferences. The act binds schools: a school may not "uphold any rule, requirement, standard or other limitation" that keeps an athlete from fully participating without penalty because of third-party NIL pay or third-party food, shelter, medical expenses or insurance | 21-31-3(A)(1) |
| Remedies and enforcement | Not addressed. The act sets no private right of action, injunction or penalty | None |
| Employee status | Not addressed | None |
A third-party law, trimmed in 2023
New Mexico's act was written in 2021 around outside money. Its first protection is unusual: besides NIL pay, a school may not bench an athlete for receiving "food, shelter, medical expenses or insurance from a third party" (§ 21-31-3(A)(1)(a)). The 2021 text also barred schools from arranging third-party NIL pay or using deals to recruit, protected an athlete's choice of footwear in team activities as long as it had no reflective fabric or lights and posed no health risk, protected only representation "unaffiliated with" the school or its partners, and barred anyone who represented or had represented the school in the previous four years from representing its athletes in any business agreement.
S.B. 219 (Laws 2023, ch. 105), signed 2023-04-04, removed all four of those limits. Since 2023-06-16 a school may help arrange third-party deals, and the representation rule reads simply that a school "shall not interfere with or prevent a student athlete from fully participating in athletics for obtaining representation in relation to contracts or legal matters" (§ 21-31-4). The Legislature has not amended the act since. In 2026, H.B. 335 (Rep. Hochman-Vigil) would have added a records-confidentiality rule to § 21-31-3; it was printed and referred to the House Education Committee on 2026-02-17, and action was postponed indefinitely, so it died when the 30-day session ended.
Agents in New Mexico
New Mexico registers athlete agents with the Secretary of State under the Uniform Athlete Agents Act (Laws 2009, ch. 169, in force 2009-07-01, NMSA 1978, §§ 61-14F-1 to 61-14F-19). An individual may not act as an athlete agent without a certificate of registration; if the athlete makes first contact, the agent may act, short of signing a contract, while applying within seven days (§ 61-14F-4). Fees are $250 for an initial application or renewal and $200 for an application or renewal based on another state's registration or license (§ 61-14F-9), with a waiver for military service members and veterans added in 2021. Applications for registration and renewal are public records (§§ 61-14F-5(A), 61-14F-6(D)), agents keep five years of records open to the Secretary of State (§ 61-14F-13), violations are a misdemeanor (§ 61-14F-15), and the Secretary of State may assess a civil penalty of up to $25,000 (§ 61-14F-17). The act's definition of "athlete agent" leaves out a spouse, parent, sibling, grandparent or guardian.
How it changed
| Act | What it did | Effective |
|---|---|---|
| S.B. 94 (2021 Regular Session, Laws 2021, ch. 124, signed 2021-04-07) | enacted the Student Athlete Endorsement Act: schools may not penalize athletes for third-party food, shelter, medical expenses or insurance, or for third-party NIL pay; may not restrict athletes' choice of footwear in team activities; may not arrange third-party NIL pay or use it to recruit; no grant-in-aid cut for NIL pay; third parties may not require in-person advertising during mandatory team activities without school approval; schools may not interfere with representation unaffiliated with the school or its partners, and anyone who represents or has represented the school in the previous four years may not represent its athletes in a business agreement; applies to contracts entered into on and after 2021-07-01 (no effective-date section; in force 90 days after adjournment) | 2021-06-18 |
| S.B. 219 (2023 Regular Session, Laws 2023, ch. 105, signed 2023-04-04) | amended §§ 21-31-3 and 21-31-4: removed the ban on schools arranging third-party NIL pay or using it as a recruiting inducement, removed the footwear rule, removed the "unaffiliated with" limit on representation and the four-year bar on school representatives representing the school's athletes (no effective-date section; in force 90 days after adjournment) | 2023-06-16 |
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 House action; it is not law. If enacted as passed, § 121(a)(2) reaches state laws that govern, regulate or invalidate school, conference or association rules on NIL compensation, transfers or eligibility; on its text that describes § 21-31-3(A)(1), which bars New Mexico schools from upholding rules that keep athletes out over third-party NIL pay, and § 21-31-3(A)(2). The grant-in-aid rule (§ 21-31-3(B)) and the representation rule (§ 21-31-4) run parallel to the bill's own § 101(a)(1)(C), (D) and § 101(d). § 121(b)(1) keeps, unless they conflict with § 121(a), Uniform Athlete Agent Acts (New Mexico's NMSA 1978, §§ 61-14F-1 to 61-14F-19) and state contract law; Secretary of State registration would meet the bill's rule that an agent representing an athlete in an endorsement contract "register with a State" (§ 102, new SPARTA § 9). In a state whose act is silent on disclosure, school pay and records, S. 4668 would add, for athletes at schools whose primary membership is in NCAA Division I only (§ 101(b)(5)), a report to the school and the association or its designated entity within 5 days of signing a deal over $600 (§ 101(b)(1)) and a bar on the school releasing information identifying an athlete in those reports without written consent (§ 101(b)(4)); for all schools, express permission for schools, conferences, collectives and third parties to pay athletes for NIL subject to the bill's other rules, including the revenue share cap (§§ 101(c), 114); and a 5% cap on agent fees for endorsement contracts (§ 102). The bill does not mention state public-records laws.
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. New Mexico's athlete-agent rules are on the state-by-state registration table.
- High school. High school NIL in New Mexico 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 New Mexico
What is New Mexico's NIL law in 2026?
The Student Athlete Endorsement Act, NMSA 1978, §§ 21-31-1 to 21-31-4, enacted by S.B. 94 in 2021 and amended by S.B. 219 in 2023 (in force 2023-06-16). It bars schools from penalizing athletes for third-party NIL pay or for third-party food, shelter, medical expenses or insurance, protects grants-in-aid and stipends, limits sponsor demands during mandatory team activities, and bars schools from interfering with representation. It has no disclosure rule, no school-pay provision and no confidentiality rule, and no NIL bill passed in the 2026 session.
Can New Mexico colleges pay athletes directly?
The act does not say. §§ 21-31-1 to 21-31-4 address third-party pay only; they neither authorize nor bar payments by the school. The Legislative Finance Committee's 2026 fiscal impact report on H.B. 335 states that New Mexico "currently has no prohibition on the use of state or tuition funds for the payment of student athletes", and the University of New Mexico's analysis in that report says the House settlement, approved 2025-06-06, permitted schools to share revenue directly with athletes beginning 2025-07-01.
Do I have to tell my school about an NIL deal in New Mexico?
State law does not require it; the Student Athlete Endorsement Act has no disclosure section. Reporting comes from school policy and, at the Division I schools, NCAA Division I rules (third-party deals of $600 or more reported through NIL Go, with a five-business-day reporting requirement for new or changed deals, per the NCAA as of 2026-10-21). A sponsor contract that requires in-person advertising during official, mandatory team activities needs the school's approval (§ 21-31-3(C)).
Does New Mexico require an NIL agent to be licensed?
Yes, registered with the Secretary of State under the Uniform Athlete Agents Act, NMSA 1978, §§ 61-14F-1 to 61-14F-19 (Laws 2009, ch. 169). Registration comes before an agent acts as one (§ 61-14F-4), lasts two years (§ 61-14F-6(F)), and costs $250 for an initial application or renewal (§ 61-14F-9), with a waiver for military service members and veterans added in 2021. The agency contract carries a printed warning, both the athlete and the agent notify the athletic director within 72 hours or before the next athletic event, and the athlete may cancel within 14 days. A school may not interfere with an athlete's representation (§ 21-31-4).
Are NIL contracts public records at UNM and New Mexico State?
No New Mexico statute exempts them. H.B. 335 (2026), which would have kept NIL compensation records confidential except by court order or for association or conference compliance, did not pass. The University of New Mexico's analysis in the Legislative Finance Committee's report on it says at least 22 states have such exemptions; whether the Inspection of Public Records Act or federal student-privacy law reaches a given NIL record in New Mexico is not settled by statute.
Be your own agent. Leave.
