New Mexico NIL Law for NCAA

On March 14th, 2021, New Mexico passed a Name, Image, Likeness (NIL) law for their colleges and institutions. New Mexico was one of the first states to see the legislation go live, as it is effective July 1, 2021. Governor Michelle Lujan Grisham signed Senate Bill 94 allowing intercollegiate student athletes the ability to earn compensation for the use of their NIL.

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Bill
Status

Signed Into Law

Effective
Date

07/01/2021

NCAA
Institutions

Estimated
NCAA Athletes

1,500

High School
NIL Legislation

Last Updated 08/22/22

New Mexico NIL Law

This bill was introduced to New Mexico’s Senate in early January 2021, and took approximately two months to pass through the Senate and the House, and ultimately, be signed into law. The following components have been spelled out from the Bill:

SECTION 1.

This act may be cited as the “Student Athlete Endorsement Act”.

SECTION 2.

As used in the Student Athlete Endorsement Act:
1. “post-secondary educational institution” means an academic, vocational, technical, business, professional or other school, college or university or other organization or person offering or purporting to offer courses, instruction, training or education from a physical site in New Mexico, through distance education, correspondence or in person; and
2. “student athlete” means an individual who engages in an intercollegiate sport.

SECTION 3.

A post-secondary educational institution shall not:
1. prohibit or otherwise prevent a student athlete from earning compensation as a result of the use of the student athlete’s name, image or likeness; or
2. withhold or revoke a scholarship as a result of a student athlete earning compensation or obtaining professional representation pursuant to the Student Athlete Endorsement Act.
An athletic association or athletic conference shall not prohibit or otherwise prevent:
1. a student athlete from earning compensation as a result of the use of the student athlete’s name, image or likeness;
2. an individual who earned compensation as the result of the use of the individual’s name, image or likeness before enrollment in a post-secondary educational institution from participating in intercollegiate athletics on the basis of the individual’s earned compensation for the use of the individual’s name, image or likeness; or
3. a post-secondary educational institution from participating in intercollegiate athletics as a result of a student athlete or an individual described pursuant to Paragraph (2) of this subsection earning compensation for the use of the student athlete’s or individual’s name, image or likeness.
A post-secondary educational institution, athletic association or athletic conference shall not provide a student athlete or other individual described pursuant to Paragraph (2) of Subsection B of this section with compensation in relation to the athlete’s or individual’s name, image or likeness. Nothing in this subsection shall be construed to prohibit a post-secondary educational institution from providing a scholarship to a student athlete for attendance at that post-secondary educational institution, provided that the scholarship is not provided to compensate the student athlete for use of the student athlete’s name, image or likeness.

SECTION 4.

A post-secondary educational institution, athletic association or athletic conference shall not prohibit or otherwise prevent a student athlete or an individual who may attend a postsecondary educational institution from obtaining professional representation by an agent in relation to contracts or legal matters arising from the use of the student athlete’s or individual’s name, image or likeness.

SECTION 5.

The provisions of this act apply to contracts entered into on and after July 1, 2021.

Tax Implications

FAQ’s

New Mexico NIL FAQ’s

What is the New Mexico NIL Law?

A Law relating to Athletics, which enacts the Student-Athlete Endorsement Act; Prohibiting imposition of limitations against Student-Athletes and certain other individuals earning compensation from the use of their Name, Image or Likeness; Allowing for the professional representation of a Student-Athlete by an agent for matters arising from the use of the Student-Athlete’s Name, Image or Likeness. (Link)

When does New Mexico NIL Compliance Start?

New Mexico NIL started on July 1, 2021, per the NCAA Interim Policies and with the passage of Senate Bill 94, New Mexico State NIL laws also took effect on July 1, 2021.

How does New Mexico NIL affect NCAA Student-Athletes?

New Mexico NCAA Student-Athletes will be able to earn compensation for the use of her or his name, image, or likeness (NIL) through a multitude of different opportunities. Student-Athletes can now make money for things such as endorsements, sponsorships, appearances, autographs, memorabilia, podcasts, camps, clinics, private lessons, crowdfunding, and many more!

What are New Mexico Name, Image, and Likeness Best Practices?

Both athletes and administrators in the State of New Mexico should start by making sure they have a proper understanding of the rules and regulations set-forth by House Bill 617. A working-knowledge of the ‘Dos and Don’ts’ for New Mexico NIL will allow all parties to safely and successfully navigate the new landscape. The next most important aspect would be the compliance component of NIL. Not only do students need to make sure they are entering agreements that are compliant with the passed state regulations, but they need to make sure they are transparent with their school to avoid any institutional conflicts.

Colleges / Institutions

NCAA New Mexico Schools

What schools are affected by New Mexico NIL?

All institutions with NCAA athletic programs are affected by NIL. In the state of New Mexico, the following schools will be affected:

University of New Mexico
New Mexico State University

Eastern New Mexico University
New Mexico Highlands University
Western New Mexico University

NAIA

University of the Southwest
Northern New Mexico College

NJCAA

Luna Community College
New Mexico Junior College
New Mexico Military Institute

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