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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2025-46
HOUSE BILL 378
*H378-v-6*
AN ACT TO MAKE VARIOUS CHANGES TO EDUCATION AND HIGHER EDUCATION
LAWS; TO INCREASE PR OTECTIONS FOR FUNDS HELD IN EDUCATION
SAVINGS AND INVESTMENT ACCOUNTS AND ABLE ACCOUNTS FROM CLAIMS
OF CREDITORS AND OTHER JUDGMENTS; TO AUTHORIZE NAME, IMAGE, AND
LIKENESS AGENCY CONT RACTS; AND TO EXEMPT NAME, IMAGE, AND
LIKENESS CONTRACTS FROM PUBLIC RECORDS REQUIREMENTS.
The General Assembly of North Carolina enacts:
PART I. TECHNOLOGY COST CONSIDERATIONS AND REPORTS ON BREAK/FIX
RATES
SECTION 1.1.(a) Part 3A of Article 8 of Chapter 115C of the General Statutes is
amended by adding the following new sections to read:
"§ 115C-102.10. Technology costs considerations.
The State Board of Education shall adopt rules requiring all public school units to ev aluate
the following when acquiring technology, computer hardware, and software:
(1) The long-term cost of ownership, including costs of repairing the technology,
computer hardware, or software.
(2) Any flexibility for innovation during the life of the tec hnology, computer
hardware, or software.
(3) Any anticipated resale or salvage value at the end of the target life cycle for
the technology, computer hardware, or software based on the average resale
or salvage value of similar technology, computer hardwar e, or software as a
percentage of the initial cost of purchase.
"§ 115C-102.11. Break/fix rate reporting requirement.
(a) Definitions. – The following definitions apply in this section:
(1) Break/fix rate. – The percentage obt ained by dividing the number of school
technology devices reported as malfunctioning or needing repair due to
physical damage, hardware failure, or other breakage incidents prior to the
stated life cycle period, not covered by insurance or a policy plan period, by
the total number of school technology devices in operation during that period.
(2) School technology device. – Any electronic or computerized equipment
provided for educational purposes in a public school unit, including
computers, tablets, interactive whiteboards, and similar devices or anything
considered a digital device for purposes of the digital learning dashboard
pursuant to G.S. 115C-102.9.
(b) Each governing body of a public school unit shall submit a report on the following
information to the State Board of Education by August 15 annually:
(1) The break/fix rate of the school technology devices in the public school unit
for the previous school year.
(2) The total number of school technology devices currently in operation in the
public school unit.
Page 2 Session Law 2025-46 House Bill 378
(3) The total number of school technology devices in the public school unit
requiring repair that (i) underwent repair or (ii) were no longer in service
during the previous school year.
(4) The total amount of funds spent to repair or replace school technology devices
during the previous school year.
(c) The State Board of Education shall report to the Joint Legislative Education Oversight
Committee by November 15 annually on the break/fix rate of school technology devices across
all public school units based on the reports submitted by the governing bodies in accordance with
subsection (b) of this section. This report shall include a summary of the data reported by each
governing body and recommendations to reduce break/fix rates in the future."
SECTION 1.1.(b) The first reports from governing bodies of public school units
required by G.S. 115C-102.11(b), as enacted by this section, shall be submitted no later than
August 15, 2026, based on data collected during the 2025-2026 school year. The first report from
the State Board of Education required by G.S. 115C-102.11(c), as enacted by this section, shall
be submitted no later than November 15, 2026.
SECTION 1.1.(c) G.S. 115C-12 is amended by adding a new subdivision to read:
"(50) To Require Evaluation of Technology Co sts. – The State Board shall adopt
rules governing public school units evaluating technology costs in accordance
with G.S. 115C-102.10."
SECTION 1.1.(d) G.S. 115C-47 is amended by adding the following new
subdivisions to read:
"(70) To Evaluate Technology Costs . – A local board of education shall adopt a
policy requiring the evaluation of technology costs considerations adopted by
the State Board of Education pursuant to G.S. 115C-102.10.
(71) To Report on Break/ Fix Rate. – A local board of education shall report
annually to the State Board of Education on the break/fix rate of school
technology devices in accordance with G.S. 115C-102.11."
SECTION 1.1.(e) G.S. 115C-150.12C is amended by adding the following new
subdivisions to read:
"(37) Evaluate technology costs. – The board of trustees shall adopt a policy
requiring the evaluation of technology costs considerations adopted by the
State Board of Education pursuant to G.S. 115C-102.10.
(38) Report on break/fix rate. – The board of trustees shall report annually to the
State Board of Education on the break/fix rate of school technology devices
used in the school in accordance with G.S. 115C-102.11."
SECTION 1.1.(f) Part 2 of Article 14A of Chapter 115C of the General Statutes is
amended by adding a new section to read:
"§ 115C-218.33. School technology.
(a) A charter school shall adopt a policy requiring the evaluation of technology costs
considerations adopted by the State Board of Education pursuant to G.S. 115C-102.10.
(b) A charter school shall report annually to the State Board of Education on the break/fix
rate of school technology devices used in the school in accordance with G.S. 115C-102.11."
SECTION 1.1.(g) G.S. 115C-238.66 is amended by adding the following new
subdivisions to read:
"(18a) The board of directors shall adopt a policy requiring the evaluation of
technology costs considerations adopted by the State Board of Education
pursuant to G.S. 115C-102.10.
(18b) The board of directors shall report annually to the State Board of Education
on the break/fix rate of technology used in the school in accordance with
G.S. 115C-102.11."
House Bill 378 Session Law 2025-46 Page 3
SECTION 1.1.(h) G.S. 116-239.8(b) is amended by adding the followi ng new
subdivisions to read:
"(21a) Evaluate technology costs. – The chancellor shall adopt a policy requiring the
evaluation of technology costs considerations adopted by the State Board of
Education pursuant to G.S. 115C-102.10.
(21b) Report on break/fix rate. – The chancellor shall report annually to the State
Board of Education on the break/fix rate of technology used in the school in
accordance with G.S. 115C-102.11."
SECTION 1.1.(i) This section is effective when it becomes law and applies
beginning with the 2025-2026 academic year.
SECTION 1.2.(a) Article 1 of Chapter 115D of the General Statutes is amended by
adding a new section to read:
"§ 115D-9.40. Evaluation of technology costs.
The State Board of Community Colleges shall adopt a policy that requires all community
colleges to evaluate the following when acquiring technology, computer hardware, and software:
(1) The long-term cost of ownership, including costs of repairing the technology,
computer hardware, or software.
(2) Any flexibility for innovation during the life of the technology, computer
hardware, or software.
(3) Any anticipated resale or salvage value at the end of the target life cycle for
the technology, computer hardware, or software based on the average resale
or salvage value of similar technology, computer hardware, or software as a
percentage of the initial cost of purchase."
SECTION 1.2.(b) This section is effective when it becomes law and applies
beginning with the 2025-2026 academic year.
SECTION 1.3.(a) G.S. 116-11 is amended by adding a new subdivision to read:
"(9c) The Board shall adopt a policy that require s all constituent institut ions to
evaluate the following when acquiring technology, computer hardware, and
software:
a. The long -term cost of ownership, including costs of repairing the
technology, computer hardware, or software.
b. Any flexibility for innovation during the life of the technology,
computer hardware, or software.
c. Any anticipated resale or salvage value at the end of the target life
cycle for the technology, computer hardware, or software based on the
average resale or salvage value of similar technology, computer
hardware, or software as a percentage of the initial cost of purchase."
SECTION 1.3.(b) This section is effective when it becomes law and applies
beginning with the 2025-2026 academic year. If Senate Bill 449, 2025 Regular Session, becomes
law, this section is repealed.
PART II. LEON'S LAW
SECTION 2.(a) This section shall be known and may be cited as "Leon's Law."
SECTION 2.(b) Article 1 of Chapter 115D of the General Statutes is amended by
adding a new section to read:
"§ 115D-10.80. Education records of minor students.
(a) Definitions. – The following definitions apply in this section:
(1) Dependent. – As defined in section 152 of the federal Internal Revenue Code
of 1986.
(2) Education records. – As defined in 34 C.F.R. § 99.3.
(3) FERPA. – Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
Page 4 Session Law 2025-46 House Bill 378
(4) Minor student. – A student who is under the age of 18 and a dependent of his
or her parent.
(5) Parent. – The parent, guardian, or an individual acting as a parent in the
absence of a parent or guardian of the minor student.
(b) The State Board of Community Colleges shall direct each community college to adopt
a policy that requires a minor student to complete a form, prior to registration in any course at
the community college, acknowledging the following:
(1) To the extent allowed under FERPA, the education records of the minor
student shall be provided to the student's parent as long as the parent h as not
opted out of receiving the education records.
(2) To the extent allowed under FERPA, the education records of the minor
student shall be provided to the school administrators and school counselors
at the school in which the student is dually enrolled."
SECTION 2.(c) This section is effective when it becomes law and applies beginning
with the 2025-2026 academic year.
PART III. EXPAND ACA DEMIC TRANSITION PAT HWAYS FOR SOPHOMORE
HIGH SCHOOL STUDENTS
SECTION 3.(a) G.S. 115D-20(4)a. reads as rewritten:
"a. Subject to the approval of the State Board of Community Colleges,
local community colleges may collaborate with public school units
and nonpublic schools to offer courses through the following
programs:
1. Repealed by Session Laws 202 2-71, s. 3.2, effective July 8,
2022.
2. Academic transition pathways for qualified junior and
sophomore, junior, and senior high school students that lead to
a career technical education certificate, diploma, or State or
industry-recognized credential and academic transition
pathways for qualified freshmen and sophomore high school
students that lead to a career technical education certificate or
diploma in (i) industrial and engineering technologies, (ii)
agriculture and natural resources, (iii) transport ation
technology, (iv) construction, or (v) business technologies.
3. College transfer pathways requiring the successful completion
of 30 semester credit hours of transfer courses, including
English and mathematics, for the following students:
I. Qualified junior and senior high school students.
II. Qualified freshman and sophomore high school
students, if all of the following requirements are met:
A. The student is determined to be academically
gifted, have a demonstrated readiness for the
course material, and have the maturity to justify
admission to the community college by (i) the
community college president, (ii) the student's
high school principal or equivalent
administrator, and (iii) the academically gifted
coordinator, if one is employed by the high
school or local school administrative unit.
B. The student participates in academic advising
focused on the implications of being admitted
House Bill 378 Session Law 2025-46 Page 5
to college early with representatives from the
high school and the community college.
C. The student's parent or gua rdian has given
consent for the student to participate."
SECTION 3.(b) This section is effective when it becomes law and applies beginning
with the 2025 -2026 school year. If Senate Bill 125, 2025 Regular Session, becomes law, this
section is repealed.
PART IV. NONDISCRIMINATORY ADMISSIONS EVAL UATIONS AND MILITARY
DEFERMENT
SECTION 4.(a) Article 1 of Chapter 116 of the General Statutes is amended by
adding a new Part to read:
"Part 8A. Military Admissions and Deferment.
"§ 116-44.9A. Definitions.
For purposes of this Part, the following definitions shall apply:
(1) Applicant. – An individual who has applied for admission to a constituent
institution of The University of North Carolina.
(2) Armed Forces. – The United States Air Force, Army, Coast Guard, Marine
Corps, Navy, Space Force, and North Carolina National Guard.
(3) Constituent institution of The University of North Carolina. – A constituent
institution of higher education of The University of North Carolina, as defined
in G.S. 116-2(4), excluding the constituent high school, the North Carolina
School of Science and Mathematics.
(4) Reserve Armed Forces. – The reserve components of any of the Armed
Forces.
(5) Uniformed service. – Any of the following:
a. Armed Forces.
b. Reserve Armed Forces.
c. The Merchant Marine.
"§ 116-44.9B. Nondiscriminatory evaluations of applications.
A constituent institution of The University of North Carolina shall not deny admission to any
applicant solely on the basis of the applicant 's indication that the applicant is serving in the
uniformed service or that the applicant intends to serve in the uniformed service.
"§ 116-44.9C. Deferment.
(a) Deferment Requests. – The Board of Governors of The University of North Carolina
shall adopt a policy requiring constituent institutions to provide for enrollment deferment for
members of the uniformed services and spouses of members of the uniformed services if the
deferment is requested at least 30 days prior to enrollment in a constituent institution.
(b) Deferment Periods. – Members and spouses of members of the reserve Armed Forces
shall be granted deferments of at least two years after entry int o the reserve Armed Forces. All
other members and spouses of members of the uniformed servi ces shall be granted deferments
of at least five years after entry into the uniformed services."
SECTION 4.(b) This section is effective when it becomes law and applies beginning
with the 2025-2026 academic year.
PART V. UNC SELF-LIQUIDATING CAPITAL PROJECTS
SECTION 5. (a) The purpose of this section is to authorize the financing of the
capital improvement projects listed in this section for the respective institutions of The University
of North Carolina with funds available to the institutions from gifts, grants, recei pts,
self-liquidating indebtedness, Medicare reimbursements for education costs, hospital receipts
from patient care, or other funds, or any combination of these funds, but not including funds
Page 6 Session Law 2025-46 House Bill 378
received for tuition or appropriated from the General Fund or S tate Capital and Infrastructure
Fund of the State unless previously authorized by General Statute.
SECTION 5.(b) The capital improvement projects, and their respective costs,
authorized by this section to be financed as provided in subsection (a) of this section, including
by revenue bonds, by special obligation bonds as authorized in subsection (d) of this section, or
by both, are as follows:
University of North Carolina at Chapel Hill
Electrical Distribution System/Substations & Switchgear Upgrade $14,581,920
Fetzer Hall Addition/Campus Recreation $90,000,000
University of North Carolina at Wilmington
Parking Deck III $12,000,000
Student Housing Village – Phase III $71,002,458
SECTION 5.(c) At the request of the Board of Governors of The University of North
Carolina and upon determining that it is in the best interest of the State to do so, the Director of
the Budget may authorize an increase or decrease in the cost of, or a change in the method of,
funding the projects listed in this section. In deter mining whether to authorize a change in cost
or funding, the Director of the Budget may consult with the Joint Legislative Commission on
Governmental Operations.
SECTION 5.(d) Pursuant to G.S. 116D-26, the Board of Governors may issue,
subject to the appr oval of the Director of the Budget, at one time or from time to time, special
obligation bonds of the Board of Governors for the purpose of paying all or any part of the cost
of acquiring, constructing, or providing for the projects listed in subsection (b ) of this section.
The maximum principal amount of bonds to be issued shall not exceed the specified amounts in
subsection (b) of this section plus five percent (5%) of such amount to pay issuance expenses,
fund reserve funds, pay capitalized interest, and pay other related additional costs plus any
increase in the specific project costs authorized by the Director of the Budget pursuant to
subsection (c) of this section. The amounts specified in subsection (b) of this section are not
inclusive of other amounts that may have been authorized by an act of the General Assembly for
the projects listed.
SECTION 5.(e) This section is effective when it becomes law.
PART VI. PROTECT CERTAIN TAX-ADVANTAGED ACCOUNTS
SECTION 6.(a) Article 16 of Chapter 1C of the Gene ral Statutes is amended by
adding the following new section to read:
"§ 1C-1601.5. Certain tax-advantaged accounts exempt.
(a) For purposes of this section, the following definitions shall apply:
(1) Qualifying account. – Any of the following:
a. An education savings and investment plan account qualified under
section 529 of the Internal Revenue Code.
b. An ABLE account qualified under section 529A of the Internal
Revenue Code.
(2) Qualifying purpose. – Any of the following:
a. For education savings a nd investment plan accounts, any purpose
permitted under section 529 of the Internal Revenue Code.
b. For ABLE accounts, any purpose permitted under section 529A of the
Internal Revenue Code.
(b) Notwithstanding any other provision of law, including G.S. 1C-1601(e), funds
located in a qualifying account or withdrawn from the account and used for a qualifying purpose
House Bill 378 Session Law 2025-46 Page 7
shall not be subject to liens, attachment, garnishment, levy, seizure, any involuntary sale or
assignment by operation or execution of law, or the enforcement of any other judgment or claim
to pay any debt or liability of any account owner, beneficiary, or contributor to an account.
(c) Nothing in this section shall be construed to do any of the following:
(1) Prohibit the distribution of funds from an ABLE account following the death
of the account owner under G.S. 147-86.73(e) or section 529A of the Internal
Revenue Code.
(2) Limit the enforcement of judgments or claims on funds that meet any of the
following criteria:
a. Were not used for a qualifying purpose.
b. Were deposited into a qualifying account as a result of fraud,
intentional wrongdoing, or other violation of law."
SECTION 6.(b) G.S. 1C-1601(a)(10) is repealed.
SECTION 6.(c) This section becomes effective September 1, 2025, and applies to
actions filed on or after that date.
PART VII. AUTHORIZAT ION FOR NAME, IMAGE, AND LIKENESS AGENCY
CONTRACTS
SECTION 7.(a) Article 9 of Chapter 78C of the General Statutes reads as rewritten:
"Article 9.
"Uniform Athlete Agents Act.
"§ 78C-85. Title.
This Article may be cited as the "Uniform Athlete Agents Act".
"§ 78C-86. Definitions.
The following definitions apply in this Article:
(1) Agency contract. – An agreement in which a student -athlete authorizes a
person to negotiate or solicit on behalf of the student -athlete a either of the
following:
a. A professional-sports-services contract or an endorsement contract.
b. An NIL contract.
(2) Athlete agent. – An individual who enters into an agency contract with a
student-athlete or, directly or indirectly, recruits or solicits a student-athlete to
enter into an agency contract. The term includes an individual who represents
to the public that the individual is an athlete agent. The term does not include
a spouse, parent, sibling, or guardian of the student -athlete or an individual
acting solely on behalf of a professional sports team or professional sports
organization.
(3) Athletic director. – An individual responsible for administering the overall
athletic program of an educational institution or, if an educational institution
has separately administered athletic programs for male students and female
students, the athletic program for males or the athletic program for females,
as appropriate.
(4) Contact. – A communication, direct or indirect, between an athlete agent and
a student-athlete to recruit or solicit the student-athlete to enter into an agency
contract.
(5) Endorsement contract. – An agreement under which a student -athlete is
employed or receives consideration to use on behalf of the other party any
value that the student -athlete may have because of publicity, reputation,
following, or fame obtained because of athletic ability or performance.
(6) Intercollegiate sport. – A sport pla yed at the collegiate level for which
eligibility requirements for participation by a student -athlete are established
Page 8 Session Law 2025-46 House Bill 378
by a national association for the promotion or regulation of collegiate
athletics.
(6a) Name, image, and likeness ( NIL) agency contract. – An agreement in which
a student-athlete authorizes a person to negotiate or solicit an NIL contract on
behalf of the student-athlete.
(6b) Name, image, and likeness (NIL) contract. – A contract between a
student-athlete and any entity in which the student -athlete receives
consideration in exchange for the license or use of the student-athlete's name,
image, or likeness.
(7) Person. – An individual, company, corporation, partnership, association, or
any other legal or commercial entity.
(7a) Professional-sports-services agency contract. – An agreement in which a
student-athlete authorizes a person to negotiate or solicit a
professional-sports-services contract on behalf of the student-athlete.
(8) Professional-sports-services contract. – An agreement under w hich an
individual is employed or agrees to render services as a player on a
professional sports team, with a professional sports organization, or as a
professional athlete.
(9) Record. – Information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
(10) Registration. – A certificate issued by the Secretary of State evidencing that a
person has satisfied the requirements of an athlete agent pursuant to this
Article.
(11) Student-athlete. – An individual who engages in, is eligible to engage in, or
may be eligible in the future to engage in any intercollegiate sport. If an
individual is permanently ineligible to participate in a particular
intercollegiate sport, the individual is not a student-athlete for purposes of that
sport.
…
"§ 78C-88. Athlete agents; registration required; exceptions; void contracts.
(a) Except as otherwise provided in this section, an individual may not act as an athlete
agent in this State without holding a certificate of registration under G.S. 78C-90 or G.S. 78C-92.
(b) Before being issued a certificate of registration, an individual may act as an athlete
agent in this State for all purposes except signing an agency contract if: (i) a student -athlete or
another person acting on behalf of the student -athlete initiates communication with the
individual; and (ii) within seven days after an initial act as an athlete agent, the individual submits
an application for registration as an athlete agent in this State.
(c) A Except as prohibited in G.S. 78C-98(c), a North Carolina licensed and resident
attorney may act as an athlete agent in this State for all purposes without registering pursuant to
this section if the attorney neither advertises directly for, nor so licits, any student -athlete by
representing to any person that the attorney has special experience or qualifications with regard
to representing student-athletes and represents no more than two student-athletes.
(d) An agency contract resulting from conduct in violation of this section is void, and the
athlete agent shall return any consideration received under the contract.
…
"§ 78C-94. Required form of contract.
(a) An agency contract must be in a record, signed or otherwise authenticated by the
parties.
(b) An agency contract must state or contain the following:
(1) The amount and method of calculating the consideration to be paid by the
student-athlete for services to be provided by the athlete agent under the
House Bill 378 Session Law 2025-46 Page 9
contract and any other consideration the athlete agent has received or will
receive from any other source for entering into the contract or for providing
the services.
(2) The name of any person not listed in the application for registration or renewal
of registration who will be compensated beca use the student -athlete signed
the agency contract.
(3) A description of any expenses that the student-athlete agrees to reimburse.
(4) A description of the services to be provided to the student-athlete.
(5) The duration of the contract.
(6) The date of execution.
(c) An A professional-sports-services agency contract must contain, in close proximity
to the signature of the student -athlete, a conspicuous notice in boldface type in capital letters
stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU SHALL LOSE YOUR ELIGIBILITY TO COMPETE AS A
STUDENT-ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT
MUST NOTIFY YOUR ATHLETIC DIRECTOR;
(3) YOU WAIVE YOUR ATTORNEY -CLIENT PRIVILEGE WITH RESPECT
TO THIS CONTRACT AND CERTAIN INFORMATION RELATED TO IT; AND
(4) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER
SIGNING IT. CANCELLATION OF THIS CONTRACT SHALL NOT REINSTATE
YOUR ELIGIBILITY.
(c1) An NI L agency contract must contain, in close proximity to the signature of the
student-athlete, a conspicuous notice in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
ENTERING INTO AN NIL CO NTRACT THAT CONFLICTS WITH STATE LAW OR
YOUR INS TITUTION'S POLICIES MAY HAVE NEGATIVE CONSEQUENCES,
SUCH AS LOSS OF ATHLETIC ELIGIBILITY. YOU MAY CANCEL THIS NIL
AGENCY CONTRACT WITHIN 14 DAYS AFTER SIGNING IT.
(d) An agency contract that does not conform to this section is voidable by the
student-athlete. If a student -athlete voids an agency contract, the student -athlete is not required
to pay any consideration under the contract or to return any consideration received from the
athlete agent to induce the student-athlete to enter into the contract.
(e) The athlete agent shall give a record of the signed or otherwise authenticated agency
contract to the student-athlete at the time of execution.
(f) The waiver of attorney-client privilege does not affect those privileges between client
and attorney when the attorney is not an athlete agent.
"§ 78C-95. Notice to educational institution.
(a) Within 72 hours after entering into an a professional-sports-services agency contract
or before the next scheduled athletic event in which the student -athlete may participate,
whichever occurs first, the athlete agent shall give notice in a record of the existence of the
professional-sports-services agency contract to the athletic director of the educational institution
at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the
student-athlete intends to enroll.
(b) Within 72 hours after entering into an a professional-sports-services agency contract
or before the next athletic event in which the student -athlete may participate, whichever occurs
first, the student-athlete shall inform the athletic director of the educational institution at which
Page 10 Session Law 2025-46 House Bill 378
the student-athlete is enrolled that he or she has entered into an a professional-sports-services
agency contract.
…
"§ 78C-98. Prohibited conduct.
(a) An athlete agent, with the intent to induce a student -athlete to enter into an agency
contract, shall not:
(1) Give any materially false or misleading information or make a materially false
promise or representation.
(2) Furnish anything of value to a student-athlete before the student-athlete enters
into the agency contract.
(3) Furnish anything of value to any individual other than the student -athlete or
another registered athlete agent.
(b) An athlete agent shall not intentionally:
(1) Initiate contact with a student -athlete unless the athlete agent is registered
under this Article.
(2) Refuse or fail to retain or permit inspection of the records required to be
retained by G.S. 78C-97.
(3) Fail to register as required by G.S. 78C-88.
(4) Provide materially false or misleading information in an application for
registration or renewal of registration.
(5) Predate or postdate an agency contract.
(6) Fail to notify a student -athlete before the student -athlete signs or otherwi se
authenticates an agency contract for a particular sport that the signing or
authentication shall make the student -athlete ineligible to participate as a
student-athlete in that sport.
(c) If an athlete agent is currently or was within the prior two years employed or in a
contractual relationship with an educational institution, the following shall apply:
(1) The athlete agent shall not enter into an NIL agency contract with a
student-athlete who is enrolled in that educational institution.
(2) An NIL agency contract is void if, following entry into an NIL agency
contract, a student-athlete enrolls in that educational institution.
…."
SECTION 7.(b) This section is effective when it becomes law and applies to NIL
agency contracts entered into on or after that date.
PART VIII. PUBLIC RE CORDS EXEMPTION FOR CERTAIN NAME, IMAGE, AND
LIKENESS CONTRACTS
SECTION 8.(a) G.S. 132-1.2 reads as rewritten:
"§ 132-1.2. Confidential information.
Nothing in this Chapter shall be construed to require or authorize a pu blic agency or its
subdivision to disclose any information that:
…
(11) Reveals records related to a student -athlete's name, image, and likeness
contract, as defined by G.S. 78C-86(6b)."
SECTION 8.(b) This section is effective when it becomes law and applies
retroactively to all records related to a student -athlete's name, image, and likeness contract ever
in the possession of the institution of higher education.
PART IX. EFFECTIVE DATE
House Bill 378 Session Law 2025-46 Page 11
SECTION 9. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 25th day of June, 2025.
s/ Rachel Hunt
President of the Senate
s/ Destin Hall
Speaker of the House of Representatives
s/ Josh Stein
Governor
Approved 10:21 a.m. this 1st day of July, 2025