The law
South Dakota has no college NIL statute. In short: None (no college NIL statute); Board of Regents Policy 1.7.5 and SDCL ch. 59-10. 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 | No state NIL statute. Board Policy 1.7.5 covers student-athletes at Black Hills State, Dakota State, Northern State, South Dakota Mines, South Dakota State and the University of South Dakota, as defined by each university's conference. The agent act's "student-athlete" is anyone who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport | BOR Policy 1.7.5(B)(1), (3); SDCL 59-10-2(12) |
| Disclosure to the school | No state statute. Policy 1.7.5 lets each university set the process by which athletes report NIL activity, and says athletes may have an NIL agent but "they must be registered with the State of South Dakota and follow all reporting requirements". Under the agent act, the athlete and the agent each tell the athletic director within 72 hours of an agency contract or before the next athletic event, whichever is first. For Division I, NCAA Bylaws 22.2.2 and 22.2.2.2 (NIL Go, $600 or more, five business days) apply | BOR Policy 1.7.5(C)(1.2), (1.4.2); SDCL 59-10-11; NCAA Bylaws 22.2.2, 22.2.2.2 |
| Banned categories | No state statute. Policy 1.7.5 says universities will bar opportunities that are "unlawful" or not in conformity with the governing provisions; it lists no product categories | BOR Policy 1.7.5(C)(1.4.3) |
| Conflicts with team contracts | Universities "will prohibit" NIL opportunities that violate existing institutional sponsorship agreements, and athletes may not promote third parties during official university events without the university's express written consent | BOR Policy 1.7.5(C)(1.4.3), (1.4.5) |
| School and coach involvement | Not addressed by statute. Policy 1.7.5 lets athletes consent in writing to a university's use of their NIL and requires written permission to use the board's or a university's name, jersey, uniform, marks or logos | BOR Policy 1.7.5(C)(1.4.4), (1.5) |
| Direct pay from the school | No statute allows or bars it. Policy 1.7.5 (revised April 2025) does not address school payments; it bars athletes from accepting pay "in exchange for athletic performance, participation, or inducement for enrollment" | BOR Policy 1.7.5(C)(1.4.1) |
| Agents and attorneys | Policy 1.7.5 lets athletes have an agent for NIL purposes, who must be registered with South Dakota. Under SDCL ch. 59-10 the application is filed with the Secretary of State and the certificate is issued by the Secretary of Labor and Regulation; fee $100 ($50 with another state's certificate), renewal $25, term two years. An agency contract covers endorsement contracts; spouses, parents, siblings, grandparents and guardians are not agents | BOR Policy 1.7.5(C)(1.4.2); SDCL 59-10-2, 59-10-5, 59-10-6, 59-10-9 |
| High school and minors | No state NIL statute; high school NIL is set by the South Dakota High School Activities Association. The agent act covers intercollegiate sports only | SDCL 59-10-2(12) |
| Financial literacy | Not addressed by statute. Policy 1.7.5 says universities "may support education" in areas such as financial aid, debt management, budget information and time management | BOR Policy 1.7.5(C)(1.6) |
| Scholarship protection | Not addressed | None |
| Confidentiality of contracts | Personal information in records about any student, prospective student or former student held by a public entity is not open to inspection, other than routine directory information; proprietary or commercial information that would give competitors an advantage is also closed. No statute names NIL contracts | SDCL 1-27-1.5(1), (3) |
| NCAA and conference penalties | Not addressed. Policy 1.7.5 requires the board, universities and athletes to abide by the rules of the national and regional bodies and conferences the university belongs to | BOR Policy 1.7.5(C)(1.1) |
| Remedies and enforcement | Policy 1.7.5 requires each athletic department to adopt enforcement guidelines for NIL violations and sends conduct allegations and policy grievances to the applicable grievance policies. Under the agent act, prohibited agent conduct is a Class 6 felony (SDCL 59-10-15), a school may sue an agent or former athlete for damages (59-10-16), and the Secretary of Labor and Regulation may impose a civil penalty up to $25,000 (59-10-17) | BOR Policy 1.7.5(C)(1.3), (1.7); SDCL 59-10-15 to 59-10-17 |
| Employee status | Not addressed | None |
A board policy instead of a statute
South Dakota's Legislature has not taken up college NIL: the bill lists for the 2021 to 2026 regular sessions and the 2021 and 2025 special sessions include athletic facility appropriations, athletic trainer licensing and an athletic commission bill, but no NIL measure, and the Legislature's full-text bill search finds none. The governing text is the Board of Regents' own. Policy 1.7.5 was adopted in August 2021, weeks after the NCAA's interim policy, and revised in April 2025. It defines NIL as a right of publicity covering "name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism", lists permitted activity (promoting the athlete's own business or a company, brand ambassador and influencer work, running a camp or clinic, paid appearances and autographs), and leaves reporting and enforcement to each university, whose athletic department must adopt NIL enforcement guidelines.
The agent act, split between two offices
South Dakota adopted the Uniform Athlete Agents Act in 2006 (SB 166, SDCL ch. 59-10, effective 2006-07-01). Since Executive Order 11-1 took effect on 2011-04-12, an applicant files with the Secretary of State, but the Secretary of the Department of Labor and Regulation issues certificates, may refuse or revoke them after notice and a hearing, and assesses civil penalties of up to $25,000; certificates are copied to the Secretary of State. The act's penalty for prohibited conduct, such as misleading an athlete or giving something of value before a contract is signed, is a Class 6 felony (SDCL 59-10-15). Board Policy 1.7.5 ties the two together by saying any NIL agent must be registered in South Dakota. For Division I reporting through NIL Go, see how NIL Go works.
How it changed
| Act | What it did | Effective |
|---|---|---|
| SB 166 (2006), SL 2006, ch. 265 | enacted the Uniform Athlete Agents Act, SDCL ch. 59-10; an agency contract includes an endorsement contract; registration, 72-hour notice to the athletic director, 14-day cancellation, Class 6 felony for prohibited conduct; signed 2006-03-21, no emergency clause | 2006-07-01 (SDCL 2-14-16 general date) |
| SL 2011, ch. 1 (Executive Order 11-1), § 162 | moved certificate issuance, subpoenas, discipline and penalties under the act to the Secretary of the Department of Labor and Regulation; applications are still filed with the Secretary of State, which keeps a copy of each certificate | 2011-04-12 |
| Board of Regents Policy 1.7.5 | "Student-Athlete Commercial use of Name, Image and Likeness" for the six public universities; NIL allowed under state and federal law, conference rules and board policy; an NIL agent must be registered with South Dakota; adopted August 2021, revised April 2025 (board policy, not a statute) | 2021-08 (revised 2025-04) |
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 record; it is not law. South Dakota has no NIL statute for § 121(a) to preempt. § 121(a) reaches state "law, regulation, rule, requirement, or standard"; Board of Regents Policy 1.7.5 is a rule of the state's university governing board, but it is also institutional policy that § 121(a)(2) protects from state interference, so how § 121 would treat it is not settled by the text. SDCL ch. 59-10 is the Uniform Athlete Agents Act, preserved by § 121(b)(1)(A) except where it conflicts with § 121(a), and registration under it would count as registering "with a State" under § 102 (new Sports Agent Responsibility and Trust Act § 9). What the bill would add in South Dakota: a 5 percent cap on agent fees for endorsement contracts, a bar on agency contracts running past eligibility, a federal private right of action for athletes, a duty for athletes at Division I schools to report the terms of each NIL agreement worth more than $600 within 5 days of signing, and NIL pay over $600 not already reported within 30 days (§ 101(b)(1), (5)), and federal authority for schools, conferences and collectives to pay athletes for NIL (§ 101(c)) within the revenue share cap (§ 114).
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. South Dakota's athlete-agent rules are on the state-by-state registration table.
- High school. High school NIL in South Dakota 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 South Dakota
Does South Dakota have an NIL law in 2026?
Not a statute. As of 2026-10-21 the Legislature's bill lists for the 2021 through 2026 sessions, including the two 2021 special sessions and the 2025 special session, show no NIL bill by title or full-text search. The rules come from South Dakota Board of Regents Policy 1.7.5, "Student-Athlete Commercial use of Name, Image and Likeness", adopted August 2021 and revised April 2025, which applies to the six public universities.
Can South Dakota colleges pay athletes directly?
No South Dakota statute addresses it, and Board Policy 1.7.5 is silent on school payments. The policy bars athletes from accepting pay in exchange for athletic performance or participation, or as an inducement to enroll, and requires compliance with national and conference rules, which since the House settlement govern what Division I schools such as South Dakota State and South Dakota may pay.
Do I have to tell my school about an NIL deal in South Dakota?
Board Policy 1.7.5 lets each university set its own reporting process, and Division I athletes report noninstitutional deals of $600 or more through NIL Go within five business days of signing under NCAA Bylaws 22.2.2 and 22.2.2.2. No state statute requires disclosure, except the 72-hour notice to the athletic director when an athlete signs with an agent (SDCL 59-10-11).
Does South Dakota require an NIL agent to be licensed?
Registered, yes. Board Policy 1.7.5(C)(1.4.2) says athletes may have an agent for NIL purposes who "must be registered with the State of South Dakota", and SDCL 59-10-4 bars acting as an athlete agent without a certificate. The fee is $100 for a new registration and $25 to renew, valid two years (SDCL 59-10-9, 59-10-6(f)). The athlete may cancel an agency contract within 14 days (SDCL 59-10-12).
Are NIL contracts public records at South Dakota universities?
No statute names them, but SDCL 1-27-1.5(1) closes personal information in records about any student held by a public entity, other than routine directory information, and 1-27-1.5(3) closes proprietary or commercial information whose release would give advantage to business competitors.
Be your own agent. Leave.
