NIL Compensation Records FOIA Amendments
Summary
The South Carolina General Assembly overrode Governor Henry McMaster's veto to enact H4902, amending Section 59-158-50 of state law regarding NIL compensation for intercollegiate athletes. The bill removes a disclosure exemption for NIL contract documentation and makes aggregate athletics revenue-sharing records subject to the South Carolina Freedom of Information Act. Individual athlete payments, sport-specific allocations, and negotiation records remain exempt from disclosure.
What changed
South Carolina H4902 amends Section 59-158-50 to modify FOIA exemptions for intercollegiate athletics records at public institutions of higher learning. The bill removes an existing exception to the exemption and instead requires disclosure of aggregate revenue funds expended for athletics revenue-sharing programs, while maintaining confidentiality for individual athlete payments, sport-specific allocations, and negotiation records. The veto override passed the House 88-22 on March 25, 2026 and the Senate 30-12 on April 1, 2026.
Public institutions of higher learning in South Carolina must now prepare to disclose aggregate athletics revenue-sharing fund records in response to FOIA requests, while continuing to protect individual athlete compensation details and negotiation materials. Compliance teams should review current FOIA procedures and NIL record-keeping practices to ensure proper segregation between disclosable aggregate data and protected individual information. The law took effect immediately upon the Senate's veto override on April 1, 2026.
What to do next
- Review FOIA response procedures to identify and properly segregate aggregate athletics revenue-sharing records from protected individual athlete payment data
- Update NIL compensation record-keeping practices to distinguish between disclosable aggregate revenue figures and exempt individual payments, sport-specific allocations, and negotiation records
- Ensure staff handling FOIA requests are trained on the new disclosure requirements and exceptions under amended Section 59-158-50
Source document (simplified)
ChangeBridge / South Carolina / H4902 Vetoed H4902 H Vetoed 2026-03-25
Intercollegiate Athletes' Compensation for Name, Image, or Likeness
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. - Ratified Title
Bill Details
State South Carolina
Session 126th General Assembly
Chamber House
Official Source www.scstatehouse.gov/billsearch.php?billnu...
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Sponsors
Davey Hiott (Rep - R) Murrell Smith (Rep - R) Bruce Bannister (Rep - R) Todd Rutherford (Rep - D) Thomas Brittain (Rep - R) Val Guest (Rep - R) Leonidas Stavrinakis (Rep - D) Shannon Erickson (Rep - R) Micajah Caskey (Rep - R) Thomas Pope (Rep - R) Neal Collins (Rep - R) Brandon Newton (Rep - R) Sylleste Davis (Rep - R) William Herbkersman (Rep - R) William Hixon (Rep - R) Mark Willis (Rep - R) Robert Reese (Rep - D) Wendell Gilliard (Rep - D)
Action History
2026-04-01 S Veto overridden Ayes-30 Nays-12 2026-03-25 H Veto overridden by originating body Yeas-88 Nays-22 2026-03-11 Vetoed by Governor 2026-03-05 Ratified R 112 2026-02-26 S Read third time and enrolled 2026-02-17 S Roll call Ayes-30 Nays-13 2026-02-17 S Read second time 2026-02-11 S Committee report: Favorable Education 2026-01-20 S Referred to Committee on Education 2026-01-20 S Introduced and read first time 2026-01-16 H Read third time and sent to Senate 2026-01-15 H Unanimous consent for third reading on next legislative day 2026-01-15 H Roll call Yeas-111 Nays-2 2026-01-15 H Read second time 2026-01-15 H Member(s) request name added as sponsor: Reese, Gilliard 2026-01-14 H Introduced, read first time, placed on calendar without reference
Votes
2026-01-15 House: Passage Of Bill Yea: 111 Nay: 2 2026-02-17 Senate: 2nd Reading Yea: 30 Nay: 13 2026-03-25 House: Override Veto By The Governor Yea: 88 Nay: 22 2026-04-01 Senate: To Override The Veto Yea: 30 Nay: 12
Committee Referrals
2026-01-20 S Education
Bill Text Versions
2026-01-14 Introduced 2026-01-14 Introduced 2026-02-11 Comm Sub Legislative data powered by LegiScan (CC BY 4.0)
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