The law
Utah's college NIL law is Utah Code §§ 53H-6-201, 53H-6-202 (formerly 53B-16-601, -602) (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 enrolled in an institution who participates as an athlete for it in an intercollegiate athletics program, and the term "includes an agent or other representative of a student athlete". Since 2025-10-14, "institution" takes the Title 53H meaning: the Utah system's degree-granting institutions and technical colleges (University of Utah, Utah State, Weber State, Southern Utah, Snow, Utah Tech, Utah Valley, Salt Lake Community College and the eight technical colleges). The earlier text also covered "a private, nonprofit institution of higher education". Title 53H does not apply to private institutions "except as expressly provided"; § 53H-2-102(2)(f) lists § 53H-6-201 (the definitions) as expressly applying to them but does not list § 53H-6-202 | 53H-6-201(4), (6); 53H-1-101(7); 53H-1-102(1); 53H-2-102 |
| Disclosure to the school | Not addressed since 2025-05-07. H.B. 479 repealed the 2024 rule that an athlete or prospective athlete provide any NIL agreement over $600 to the school before entering it, and that the school answer in writing on conflicts with its policies. Disclosure now comes from school policy and, for Division I, NCAA Bylaw 22.2.2 (third-party deals of $600 or more reported to the NCAA's designated NIL clearinghouse) | former 53B-16-602(2), (3) (repealed) |
| Banned categories | A student athlete may not enter into an NIL agreement containing a "prohibited endorsement provision": one that requires or permits use of the athlete's NIL to promote a tobacco product or electronic cigarette (including vaping); an alcoholic product; a seller or dispenser of a controlled substance, including steroids, antibiotics and marijuana; gambling or betting; a sexually oriented business; or a firearm the athlete cannot legally purchase. This is a state-law ban, not a school option | 53H-6-201(5); 53H-6-202(3)(a) |
| Conflicts with team contracts | Not addressed. The repealed 2024 acknowledgment rule had let the school say whether a deal conflicted with its policies | former 53B-16-602(3) (repealed) |
| School and coach involvement | An athletic entity may not prevent an institution, an "institutional marketing associate" (a third party that contracts with or acts for a school or its athletics program) or a "third-party entity" from creating and supporting NIL opportunities for athletes. Coaches are not named in the NIL sections; § 53H-6-203 separately requires each degree-granting institution to have an abusive-coaching policy | 53H-6-201(3), (8); 53H-6-202(6)(c); 53H-6-203 |
| Direct pay from the school | An institution "may" compensate a student athlete "directly" for NIL, but not through funds the Legislature appropriates or a fee a student pays the institution. The Board of Higher Education audits each institution's direct NIL payments starting in fiscal year 2028 and every five years after, reporting to the Education Interim Committee and the Higher Education Appropriations Subcommittee | 53H-6-202(1), (2), (5) |
| Agents and attorneys | An athletic entity may not bench an athlete, or keep a school out of membership or competition, because an athlete obtains professional representation from an athlete agent or attorney. "Athlete agent" has the meaning in the Revised Uniform Athlete Agents Act: agents register with the Division of Professional Licensing before acting (two-year registration, fees set by the division), the agency contract carries a printed warning, the athlete and agent notify the athletic director within 72 hours or before the next scheduled athletic event, and the athlete may cancel within 14 days | 53H-6-201(1); 53H-6-202(6)(a)(ii), (6)(b)(ii); 58-87-201, 58-87-203(6), 58-87-206, 58-87-301 to 58-87-303 |
| High school and minors | Not addressed in the NIL sections, which cover intercollegiate athletes. The agents act's "student athlete" includes interscholastic athletes, and if the athlete is a minor the agency contract is signed by a parent or guardian | 53H-6-201(6); 58-87-102(17); 58-87-301(7) |
| Financial literacy | Not addressed | None |
| Scholarship protection | Not addressed | None |
| Confidentiality of contracts | A student athlete agreement "or any communication, or other material related to a student athlete agreement, including those created before May 1, 2024, is not subject to" the Government Records Access and Management Act (GRAMA) | 53H-6-202(3)(b) |
| NCAA and conference penalties | An "athletic entity" (an athletic association, athletic conference or other organization with authority over intercollegiate athletics) may not prevent an athlete from fully participating because the athlete earns NIL pay or obtains an agent or attorney, may not keep an institution out of membership or competition for those reasons, and may not stop schools, marketing associates or third parties from creating and supporting NIL opportunities | 53H-6-201(2); 53H-6-202(6) |
| Remedies and enforcement | Not addressed. The NIL sections create no private right of action or injunction route; enforcement of the agents act is through the Division of Professional Licensing (civil penalty up to $25,000), a class A misdemeanor, and civil damages for a school or athlete adversely affected | 53H-6-202; 58-87-402 to 58-87-404 |
| Employee status | A student athlete is not an employee of the institution through participating in its athletic program or through the institution paying the athlete for NIL | 53H-6-202(4) |
Utah's law in three steps, 2024 to 2025
- 2024: disclosure and categories. H.B. 202 created Part 6 of Title 53B, Chapter 16, in force 2024-05-01. It was a third-party model: an athlete gave the school any NIL agreement over $600 before signing, the school answered in writing whether it conflicted with school policy, schools could not spend appropriated funds on anything related to a submitted agreement, and agreements were kept out of GRAMA back to their creation.
- 2025: school pay. H.B. 479 took effect on 2025-05-07, a month before the House settlement was approved on 2025-06-06. It turned the part around: schools may pay athletes directly (not from appropriations or student fees), the $600 pre-signing rule and the written acknowledgment were repealed, athletic entities lost the ability to bench athletes or schools over NIL pay or representation, and athletes were declared non-employees. The same act required every degree-granting institution's athletic department to adopt an abusive-coaching policy by 2025-11-07.
- 2025: new numbers. S.B. 1001 of the 2025 First Special Session recodified higher education law into Title 53H, in force 2025-10-14. The NIL sections became §§ 53H-6-201 and -202, and the part's own definition of "institution", which named private nonprofit colleges, was dropped in favor of the Title 53H definition.
Agents in Utah
Utah's Revised Uniform Athlete Agents Act (Utah Code Title 58, ch. 87) is administered by the Division of Professional Licensing, not the Secretary of State. Its definition of "athlete agent" is broader than the agency-contract definition in many states: it includes anyone who, for pay or in anticipation of pay, advises an athlete on finances, business pursuits or career decisions, or manages the athlete's bills, payments, contracts or taxes, unless the person is a licensed, registered or certified professional giving the services that profession customarily gives, without recruiting the athlete into an agency contract, seeking pro employment for the athlete, or charging the athlete on a different basis than other clients (§ 58-87-102(2)). The act also requires notice to the athletic director before an agent contacts an enrolled athlete to recruit them (§ 58-87-302(6)), a separate signed acknowledgment that signing may cost eligibility (§ 58-87-301(4)), and a parent's or guardian's signature for a minor (§ 58-87-301(7)).
How it changed
| Act | What it did | Effective |
|---|---|---|
| H.B. 202, Student Athlete Amendments (2024 General Session, Laws of Utah 2024, ch. 49, signed 2024-03-12) | enacted Utah Code §§ 53B-16-601 and -602: barred "prohibited endorsement provisions" (tobacco and vaping, alcohol, controlled substances, gambling, sexually oriented businesses, firearms the athlete cannot legally buy); required an athlete to give the school any NIL agreement over $600 before entering it, with a written acknowledgment back; took NIL agreements out of GRAMA, including those made before 2024-05-01; barred schools from using appropriated funds for purposes related to a submitted agreement | 2024-05-01 |
| H.B. 479, Student Athlete Revisions (2025 General Session, Laws of Utah 2025, ch. 488, signed 2025-03-27) | let schools pay athletes directly for NIL, except from legislative appropriations or student fees; repealed the $600 disclosure and acknowledgment rules; barred athletic entities from benching athletes or schools over NIL pay or representation and from blocking schools, marketing associates and third parties from creating NIL opportunities; added the employee-status rule and a Board of Higher Education audit from fiscal year 2028; also enacted the abusive-coaching policy section (§ 53B-16-701) | 2025-05-07 |
| S.B. 1001, Higher Education Recodification (2025 First Special Session, Laws of Utah 2025 First Special Session, ch. 8, passed 2025-10-06, signed 2025-10-14; in force on signing under its Section 428(2)(a)) | renumbered §§ 53B-16-601 and -602 as §§ 53H-6-201 and -202 (Title 53H, ch. 6, part 2, "Athletics"); deleted the part's own definition of "institution" (which had included "a private, nonprofit institution of higher education"), so the Title 53H definition applies; made the Board's audit cover each "institution" rather than each "state institution" | 2025-10-14 |
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 (except as necessary to comply with the bill), transfers or the eligibility rules in § 113; on its text that appears to describe Utah's bars on athletic entities in § 53H-6-202(6). Utah's category ban in § 53H-6-202(3)(a) applies to athletes directly rather than to association rules, and whether it "conflicts" with the bill under § 121(a)(1) is not settled by the text; the bill's own exceptions let a school restrict eligibility for a deal that violates a code of student conduct applying to all students, or that uses school facilities, uniforms or marks without consent (§ 101(a)(3)). Direct school pay (§ 53H-6-202(1)) matches § 101(c), subject to the revenue share cap in § 114, and § 122 is neutral on employee status (§ 53H-6-202(4)). § 121(b)(1) keeps, unless they conflict with § 121(a), Uniform Athlete Agent Acts, which appears to cover Utah's Revised Uniform Athlete Agents Act (Utah Code Title 58, ch. 87), and Utah's Division of Professional Licensing registration appears to fit the bill's rule that an agent representing an athlete in an endorsement contract "register with a State", which counts registration under a uniform agent act "in the State in which the agent operates" (§ 102, new SPARTA § 9(a), (b)(2)). S. 4668 would also add, only for athletes at schools whose primary membership is in NCAA Division I (§ 101(b)(5)), a duty to report the terms of any deal over $600 to the school and the association or its designated entity within 5 days of signing, and pay over $600 not already reported within 30 days of receiving it (§ 101(b)(1)). Utah's repealed 2024 rule worked differently: athletes and prospective athletes handed the school any deal over $600 before signing it. The bill would also cap agent fees for endorsement contracts at 5%.
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. Utah's athlete-agent rules are on the state-by-state registration table.
- High school. High school NIL in Utah 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 Utah
What is Utah's NIL law in 2026?
Utah Code §§ 53H-6-201 and 53H-6-202, enacted as §§ 53B-16-601 and -602 by H.B. 202 (in force 2024-05-01), rewritten by H.B. 479 (in force 2025-05-07) and renumbered by S.B. 1001 of the 2025 First Special Session (in force 2025-10-14). It lets Utah institutions pay athletes directly for NIL (not from appropriations or student fees), bans deals that promote tobacco, alcohol, controlled substances, gambling, sexually oriented businesses or firearms the athlete cannot legally buy, keeps NIL agreements out of GRAMA, says paid athletes are not employees, and bars athletic associations and conferences from benching athletes or schools over NIL pay.
Can Utah colleges pay athletes directly?
Yes, under state law since 2025-05-07. § 53H-6-202(1) says an institution may compensate a student athlete directly for NIL, and § 53H-6-202(2) says it may not do so through funds the Legislature appropriates or a fee a student pays the institution. The Board of Higher Education audits those payments starting in fiscal year 2028 (§ 53H-6-202(5)). Before H.B. 479, the 2024 law barred schools from using appropriated funds for any purpose related to an athlete's NIL agreement.
Do I have to tell my school about an NIL deal in Utah?
Not under state law since 2025-05-07. The 2024 version (former § 53B-16-602(2)) required an athlete or prospective athlete to give the school any NIL agreement worth more than $600 before entering it; H.B. 479 repealed that rule. Reporting now comes from school policy and, for Division I athletes, NCAA Bylaw 22.2.2 (third-party deals of $600 or more reported to the NCAA's designated NIL clearinghouse). An athlete who signs with an agent still notifies the athletic director within 72 hours or before the next scheduled athletic event (Utah Code § 58-87-302(3)).
Does Utah require an NIL agent to be licensed?
Yes, registered. Utah Code § 58-87-201 says an individual may not act as an athlete agent in Utah without a certificate of registration from the Division of Professional Licensing, and an agency contract made in violation is void. Registration lasts two years (§ 58-87-203(6), as amended by Laws of Utah 2026, ch. 64, in force 2026-07-01), and fees are set by the division (§ 58-87-206). Utah's definition of "athlete agent" also reaches people who, for pay, advise an athlete on finances, business or career decisions or manage the athlete's bills, contracts or taxes (§ 58-87-102(2)).
What NIL deals are banned in Utah?
§ 53H-6-202(3)(a) says a student athlete may not enter into an NIL agreement with a "prohibited endorsement provision", which § 53H-6-201(5) defines as one that requires or permits use of the athlete's NIL to promote tobacco or electronic cigarettes (including vaping), alcohol, a seller or dispenser of controlled substances (including steroids, antibiotics and marijuana), gambling or betting, a sexually oriented business, or a firearm the athlete cannot legally purchase.
Does Utah's NIL law apply to BYU?
The text leaves it open. The 2024 and 2025 versions defined "institution" to include "a private, nonprofit institution of higher education". S.B. 1001 (in force 2025-10-14) deleted that definition, so the part now uses the Title 53H meaning, which lists the Utah system's public colleges and technical colleges (§ 53H-1-101(7), § 53H-1-102(1)). § 53H-2-102(1) says Title 53H does not apply to a private postsecondary institution "except as expressly provided", and § 53H-2-102(2)(f) lists § 53H-6-201, the definitions section, as one that expressly applies to private institutions; § 53H-6-202, which holds the pay, category and records rules, is not on that list. No court ruling or attorney general opinion resolving this was found.
Be your own agent. Leave.
