South Carolina § 59-158-10 - Definitions.

§ 59-158-10. Definitions.

For the purposes of this chapter:

(1) "Athlete agent" means a person who is registered with the Department of Consumer Affairs pursuant to Section 59-102-60 or Section 59-102-80. If an athlete agent is an attorney, then he must also be a member in good standing of a state bar association.

(2) "Compensation" means any remuneration, in cash or in kind, whether provided at the time or at any subsequent date, to an intercollegiate athlete. "Compensation" does not mean any grant, scholarship, fellowship, tuition assistance, or other form of financial aid provided to a student for pursuing a post-secondary education.

(3) "Institution of higher learning" means any post-secondary educational institution, including a technical or comprehensive educational institution.

(4) "Intercollegiate athlete" means an individual who has graduated from high school that engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, then the individual is not an intercollegiate athlete for the purposes of that sport.

(5) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by an intercollegiate athlete are established by a national association that promotes or regulates collegiate athletics.

(6) "Name, image, or likeness activities", "name, image, or likeness contract", "NIL activities", or "NIL contract" means an agreement in which an intercollegiate athlete participating in intercollegiate sports authorizes a person to use his name, image, or likeness and, in return, receives consideration. This term shall include, but is not limited to, endorsement contracts.

(7) "Third party" means, with respect to an intercollegiate athlete, any entity other than the institution of higher learning in which the intercollegiate athlete is enrolled.

HISTORY: 2021 Act No. 35 (S.685), SECTION 1, eff July 1, 2021; 2024 Act No. 207 (H.4957), SECTION 1, eff May 21, 2024.

Editor's Note

2021 Act No. 35, SECTION 7, provides as follows:

"SECTION 7. This act takes effect for each institution of higher learning in this State upon the earlier of July 1, 2022, or certification by the Attorney General to the Governor of the enactment of rules consistent with the provisions contained in this act by the institution of higher learning's collegiate governing body [July 1, 2021]. Upon certification by the Attorney General, the provisions of this act are suspended until the General Assembly takes further action."

Effect of Amendment

2024 Act No. 207, SECTION 1, deleted (2), which related to the definition of "Athletic booster", and redesignated former (3) to (7) as (2) to (6); in (2), in the first sentence, substituted "an intercollegiate athlete" for "a student athlete"; in (4), in the first sentence, inserted "has graduated from high school that"; deleted (8) and (9), which related to the definitions of "Recruit or solicit" and "Team contract", and redesignated former (10) as (7); and deleted (11), which related to the definition of "Third-party endorsement".