Intercollegiate Athletes' Compensation for Name, Image, or Likeness, the official text

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A119, R112, H4902)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-158-50, RELATING TO AN EXEMPTION OF AN INTERCOLLEGIATE ATHLETE'S NAME, IMAGE, AND LIKENESS COMPENSATION CONTRACT DOCUMENTATION MAINTAINED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING FROM PUBLIC DISCLOSURE UNDER THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT, SO AS TO REMOVE AN EXCEPTION TO THE EXEMPTION, AND TO PROVIDE THAT RECORDS OF AGGREGATE REVENUE FUNDS EXPENDED FOR INTERCOLLEGIATE ATHLETICS REVENUE-SHARING PROGRAMS BY A PUBLIC INSTITUTION OF HIGHER LEARNING EACH FISCAL YEAR ARE SUBJECT TO THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT SUBJECT TO EXCEPTIONS FROM SUCH DISCLOSURE FOR INDIVIDUAL ATHLETE PAYMENTS, SPORT-SPECIFIC ALLOCATIONS, AND NEGOTIATION RECORDS.

Be it enacted by the General Assembly of the State of South Carolina:

Revenue-sharing exemption from disclosure

SECTION 1. Section 59-158-50 of the S.C. Code is amended to read:

Section 59-158-50. (A) If an institution of higher learning collects, retains, or maintains copies or summaries of the terms of an intercollegiate athlete's name, image, or likeness contract or proposed contract detailing compensation to the intercollegiate athlete for the use of the intercollegiate athlete's name, image, or likeness or athletic reputation, the documentation may not be considered a public record under Section 30-4-20(C).

(B) An institution of higher learning may not be compelled to disclose the information to a collegiate athletic association, athletic conference, or other group or organization with authority over an intercollegiate athletic program at an institution of higher learning.

(C)(1) The total amount of revenue funds expended by an institution of higher learning during each fiscal year as part of an intercollegiate athletics revenue-sharing program is subject to public disclosure. However, the following records and information are not subject to public disclosure and are exempt from disclosure pursuant to Section 30-4-40:

(a) the total amount, and any percentage amount, of those revenue funds paid as part of an intercollegiate athletics revenue-sharing program to any specific intercollegiate athlete; and

(b) the total amount, and any percentage amount, of those revenue funds as allocated as part of an intercollegiate athletics revenue-sharing program to any specific intercollegiate sport or athletics program.

(2) Documents related to or created as part of the process of negotiating an agreement with an intercollegiate athlete as part of an intercollegiate athletics revenue-sharing program, including any agreements entered into with any specific intercollegiate athlete, are confidential and may not be considered a public record pursuant to Section 30-4-20(C).

Time effective, retroactivity

SECTION 2. This act takes effect upon approval by the Governor and applies retroactively to any pending legal action or disclosure request for which a final judgment has not been entered.

Ratified the 5th day of March, 2026.

Vetoed by the Governor -- 3/11/26.

Veto overridden by House -- 3/25/26.

Veto overridden by Senate -- 4/1/26.

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