Senate Advances Bill Shielding Individual NIL Revenue-Sharing Details, Requires Aggregate Disclosure
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Summary
After an hours-long floor debate, the South Carolina Senate gave H4902 a second reading (30–13), a bill that would bar public disclosure of individual intercollegiate revenue-sharing agreements while requiring universities to report aggregate annual totals.
The South Carolina Senate on Feb. 17 advanced H4902, a bill addressing disclosure of intercollegiate athletics revenue-sharing tied to name, image and likeness (NIL) arrangements, after extended debate and a recorded vote.
Senator from Aiken, who led floor remarks for the measure, said the bill “clarifies that the revenue sharing portion of compensation is not subject to public disclosure” while preserving public accountability through required disclosure of annual aggregate totals. Supporters argued the change is needed after a federal court settlement (House v. NCAA) has made revenue-sharing arrangements common and created a legal question about what public records law requires.
Proponents said the measure balances student privacy and institutional competitiveness. “If we don't pass this, we will be the only state in the country that has been presented with legislation to protect these [arrangements] and did not protect them,” the Senator from Aiken said on the floor, arguing the disclosure of individual deals could give competing institutions a recruiting advantage.
Opponents pressed for more transparency and questioned the line between private and public funds. The Senator from Sumter asked for numbers on how much public dollars — if any — are flowing into these arrangements and whether aggregate totals would be meaningful; the Senator from Calhoun raised concerns that hiding contract terms could enable athletes or programs to leverage nondisclosure to shop compensation. “I don't like being pushed into a corner for any piece of legislation,” one senator said during the colloquy, pressing the floor sponsor for specifics on fiscal and legal implications.
Several senators sought clarification that current law already prohibits the use of state appropriations to pay athletes for NIL; the floor sponsor reiterated that state-appropriated funds cannot be used to pay intercollegiate athletes and that the bill is limited to revenue-sharing arrangements that arose from the federal settlement. The sponsor also emphasized that the bill requires institutions to disclose the total amount spent annually on revenue-sharing programs, but would not force disclosure of individual athlete compensation or allocations by sport.
The bill drew written support from athletic directors at major in-state institutions (copies distributed to senators): Jeremiah Donati (University of South Carolina), Graham Neff (Clemson University), Buddy Pew (South Carolina State University) and Chance Miller (Coastal Carolina University). Committee supporters said those letters warn that public disclosure of individual agreements could “raise serious privacy concerns” and create competitive harm to in-state programs.
After more than an hour of questions and exchanges, senators ordered a roll-call vote on second reading. The clerk reported that H4902 received a second reading by a vote of 30 yes to 13 no.
The measure now proceeds in the legislative process; supporters said the bill aims to resolve a legal gray area left by recent federal developments and pending litigation, while critics said the change reduces transparency and asked whether a national solution would be preferable.
The Senate adjourned to reconvene at 1 p.m. the following day.
