Georgia Governor Signs Order Allowing Schools to Pay Athletes

Schools in Georgia now have the legal authority to pay their athletes directly, following an executive order signed by Governor Brian Kemp on Tuesday morning.

The new directive prevents the NCAA and athletic conferences from imposing penalties on any Georgia university or college that chooses to compensate student-athletes for the use of their name, image, and likeness (NIL).

Traditionally, NCAA regulations have barred institutions from directly compensating athletes for these rights. Although the NCAA plans to alter its stance on NIL payments as part of a forthcoming antitrust settlement, that agreement is still pending. If approved as is, the revised policies could come into effect at the beginning of the next academic year. However, Georgia’s executive order takes immediate effect.

This order mirrors recent legislation enacted in Virginia, allowing institutions within that state to directly pay their athletes without fearing NCAA repercussions.

Despite the newly acquired legal framework, both Georgia and Georgia Tech’s athletic directors reported that there are currently no plans to implement immediate payments for players. Instead, this order gives them the option to start compensating athletes, particularly if other institutions across the nation begin to do so.

In a joint statement released to ESPN, Georgia athletic director Josh Brooks and Georgia Tech athletic director J Batt expressed their appreciation for Governor Kemp’s leadership. They acknowledged that, lacking national regulations on name, image, and likeness, the executive order equips their institutions with essential tools to support student-athletes seeking NIL opportunities. Additionally, it positions them to remain competitive with peers and ensure the long-term viability of their athletic programs.

The NCAA has yet to comment on the situation following the issuance of the executive order.

Other states are also exploring legislation to pave the way for their schools to provide financial support to players. Missouri, for instance, has a law permitting schools to channel funds through third parties, who then pay athletes for appearing in promotional content.

Should the antitrust settlement be ratified, it will establish a cap on the sum that U.S. colleges can directly allocate to athletes. Initial estimates suggest this cap could exceed $20 million in the first year, with annual increases thereafter.

With the existing laws in Virginia and Georgia, universities in these states can immediately begin compensating athletes without any specified financial limits. If they choose to take these actions, the NCAA would need to legally contest the executive order to impose restrictions.