Gov. Brian Kemp signs executive order allowing NIL payments for Georgia student-athletes

Georgia Tech's Eric Singleton, Jr. (2) scores a touchdown as Georgia State's Isaiah Holland (13) defends during the second half of an NCAA football game on Saturday, Aug. 31, 2024, in Atlanta. (AP Photo/Stew Milne)

Georgia Gov. Brian Kemp signed an executive order on Tuesday that effectively allows state colleges and universities to directly pay student-athletes.

The executive order comes as the National College Athletic Association (NCAA) and other athletic conferences battle in litigation on the issue of student-athletes being financially compensated for the use of name, image of likeness, or NIL.

“Until the Settlement is approved and effective, legislative and executive actions across the country create a patchwork of inconsistent rules regulating intercollegiate athletics,” read the order. “Student-athletes in the State of Georgia should compete on a level playing field and not forgo compensation available to student-athletes in other states while the Settlement is pending.”

The order attempts to protect Georgia colleges from being punished by the NCAA or any other organization for getting compensation for their athletes. It also prevents state funds from being used as payments for the players and their NIL deals, likely meaning the money would come from private donations.

The order will remain in effect until “the effective date of any federal law enacted after the date of this Order regulating the rights of student-athletes to receive compensation for the use of their NIL, or the effective date of any settlement related to the Litigation.”

Josh Brooks and J Batt, athletic directors of the University of Georgia and Georgia Tech respectively, released a joint statement after Kemp’s move on Tuesday expressing their thanks for his legislative action.

“We extend our sincere gratitude to Governor Brian Kemp for his leadership today,” the directors said. “In the absence of nationwide name, image and likeness regulation, this executive order helps our institutions with the necessary tools to fully support our student-athletes in their pursuit of NIL opportunities, remain competitive with our peers and secure the long-term success of our athletics programs.”

Rahul Bali contributed to this report.