idaho nil laws

Idaho NIL Laws: Rules for College and High School Athletes

Idaho maintains strategic “legislative silence”—NO state NIL statute, creating maximum flexibility for institutions. SBOE oversight via Section III.T (“Felony Clause” = immediate removal). Boise State operates “Horseshoe Collective” (501(c)(3)) with “Going for 2” campaign ($2M goal); “BroncoPRO” in-house agency. U of I uses “1889 Collective” (corporation) focused on retention; “Vandal Victory Lager” consumable NIL. Idaho State’s internal “Student-Athlete Success Fund” fights resource constraints. IHSAA permits high school NIL with strict “Affiliation Ban” (Rule 8-4) and $300 award cap (Rule 8-5). Here’s the complete guide.

Idaho’s NIL Evolution

Idaho’s “Null Hypothesis” = deliberate strategic void. No state statute means no “legislative whiplash” when NCAA rules change. Maximum operational flexibility for athletic departments.

NO State NIL Statute — Strategic Legislative Silence:

  • Idaho has NO specific state legislation governing NIL
  • Not legislative negligence—de facto strategic stance
  • Avoided “legislative whiplash” seen in FL, AL, MS
  • “Clean slate” regulatory environment
  • No state hurdle to House settlement opt-in (Day 1 compliance)
  • Oversight devolves to Idaho State Board of Education (SBOE)

SBOE Section III.T — “Felony Clause”:

  • SBOE maintains ultimate oversight over public institutions
  • Section III.T focuses on conduct, drug testing, criminal history
  • “Felony Clause”: Immediate removal upon felony conviction
  • Board mandate—supersedes athletic department discretion
  • Creates “Idaho Risk Premium” for NIL contracts (character due diligence)

SBOE Contract Approval Threshold:

  • Board approval required for contracts >3 years or >$350,000 annually
  • Historically applied to coaches/ADs
  • Future: Revenue sharing contracts may require SBOE amendment
  • Potential bureaucratic bottleneck for high-value athlete contracts

Boise State University — “Power 4 Aspirant”:

  • Mountain West Conference (Group of 5)
  • “What’s Next” initiative: NIL = core institutional objective
  • “BroncoPRO”: In-house agency (education, contract review, brand development)
  • “Horseshoe Collective”: 501(c)(3) non-profit
  • “Going for 2” campaign: $2M goal with $500K matching donation
  • “Sack Fund”: Gamified fundraising ($ per defensive sack, pooled)
  • BSU Foundation: $102M total fundraising FY24-25; $27.2M athletics

University of Idaho — “Vandal Renaissance”:

  • Big Sky Conference (FCS)
  • “1889 Collective” (named for founding year)
  • Corporation structure (NOT 501(c)(3))—operational flexibility
  • Focus: Retention over acquisition (“Moneyball” approach)
  • “Vandal Victory Lager” and “Vandal Mule”: Consumable NIL products
  • Converts everyday consumption into athletic support

Idaho State University — “Budget Insurgency”:

  • Big Sky Conference (FCS)
  • Total athletic budget: ~$12-14M (vs. BSU’s ~$50M+)
  • “Student-Athlete Success Fund”: Internal/in-house (not third-party collective)
  • “Prepare to Roar” campaign: ~$1M annually
  • House backpay obligation ($2.5M) = 1.5% of total budget
  • AD Pauline Thiros: Cut 1.5 FTE positions to save $57,000
  • Challenge: Dylan Darling left ISU for reported $1M payday

Montana Competitive Pressure:

  • Montana = direct Big Sky peer for U of I and ISU
  • “Griz NIL Exchange” and “Good Ol’ Grizzlies” collective
  • Montana collective spending: ~$2.2M (exceeds some FBS schools)
  • FCS “arms race” raging at conference level

Why Idaho Matters:

Idaho’s “Null Hypothesis” = strategic legislative silence creating maximum flexibility. SBOE “Felony Clause” = unique character-based NIL risk. Three-tier system: BSU ($50M+) operates like Power 4 periphery; U of I and ISU (~$12-14M) fight “Moneyball” retention battles. “Horseshoe Collective” 501(c)(3) vs. “1889 Collective” corporation vs. ISU internal fund = three distinct models. Montana’s $2.2M spending pressure on Big Sky rivals. IHSAA “Affiliation Ban” creates restrictive high school environment.

Idaho College NIL Rules

No state statute = reliance on NCAA rules, House settlement terms, and SBOE policy. Three institutions, three distinct models based on resource disparities.

What Idaho Offers:

  • Maximum operational flexibility (no state statutory hurdles)
  • Revenue sharing permitted ($20.5M cap—aspirational for FCS)
  • Day 1 House settlement compliance (no repeal needed)
  • No state-level “vice” ban for college athletes
  • Foundation Shield protects donor anonymity

Boise State Infrastructure:

  • “What’s Next” initiative (NIL = core strategic pillar)
  • “BroncoPRO” in-house agency (reduces agent commission friction)
  • “Horseshoe Collective” 501(c)(3) (tax-deductible donations)
  • “Creating Digital Value” academic coursework integration
  • BSU Foundation: $102M total / $27.2M athletics (FY24-25)

U of I / ISU Infrastructure:

  • “1889 Collective” (U of I): Corporation structure, retention focus
  • “Vandal Victory Lager” / “Vandal Mule”: Consumable NIL (U of I)
  • “Student-Athlete Success Fund” (ISU): Internal/in-house
  • “Moneyball” approach: Retain developed talent, prevent FBS poaching

Idaho High School NIL Rules

IHSAA permits NIL but with strict “Affiliation Ban” (Rule 8-4) and $300 award cap (Rule 8-5). Enforcement is reactive—no mandatory pre-clearance.

Key Facts:

  • Governing Body: Idaho High School Activities Association (IHSAA)
  • Status: Permitted with strict restrictions
  • Key Rules: Rule 8-4 (“Affiliation Ban”) and Rule 8-5 ($300 cap)

Rule 8-4 — “Affiliation Ban”:

Forfeits amateur status if capitalizing on athletic fame “in affiliation or connection with” school team, school, league, district, or IHSAA. The “Fame Paradox”: Star athletes are famous BECAUSE of school connection. Burden of proving “non-affiliation” = on student. Operational restrictions: Cannot wear school uniform, letterman jacket, or school colors in ads; Cannot film on school grounds (fields, gyms, locker rooms); Cannot explicitly reference team (e.g., “Eagle High School Quarterback”); Cannot use school mascot or logos. Creates “shadow NIL” market—athletes must operate as generic “local celebrities.” Disadvantage compared to CA/NY peers.

Rule 8-5 — $300 Award Cap:

Prohibits awards, prizes, or equipment exceeding $300 retail value. If NIL deal interpreted as “reward” for performance (e.g., “Player of the Week” cash prize), falls under Rule 8-5 and is capped at $300. Compliance strategy: Structure as licensing agreement (Rule 8-4, no dollar cap if unaffiliated) NOT performance bonus (Rule 8-5).

No Mandatory Disclosure:

IHSAA provides eligibility/transfer forms but NO specific “NIL Disclosure Form.” Principal as policeman: Rule 8-7-2 requires principal to report ineligibility upon discovery. System designed to catch violations AFTER they happen—not pre-clearance. Note: Generic “72-hour rule” appears in Indiana/Delaware bylaws, NOT Idaho.

College vs. High School: Key Differences

FeatureCollege (No State Statute)High School (IHSAA)
NIL StatusLegal (maximum flexibility)Permitted (strict restrictions)
State StatuteNONE ("Null Hypothesis")IHSAA Rules 8-4, 8-5
Institutional PayPermitted ($20.5M cap)Prohibited
School Logos/UniformsAllowedProhibited ("Affiliation Ban")
School FacilitationPermittedProhibited
Award/Prize CapN/A$300 (Rule 8-5)
Vice IndustriesNo state ban (NCAA rules)IHSAA restrictions apply
Disclosure RequiredPer NCAA/House settlementNo mandatory form

The Key Distinction: Idaho maintains strategic “legislative silence”—NO state NIL statute. Provides maximum flexibility for institutions (Day 1 House compliance). SBOE “Felony Clause” = unique character-based risk. Three-tier system: BSU (“Horseshoe Collective” 501(c)(3)); U of I (“1889 Collective” corporation + consumable NIL); ISU (internal fund). IHSAA “Affiliation Ban” (Rule 8-4) creates restrictive high school environment. $300 award cap (Rule 8-5) on performance-based prizes.

What Idaho Athletes Can Do

College Athletes:

Earn NIL compensation (maximum flexibility—no state restrictions); Receive revenue sharing from institution ($20.5M cap); Work with Horseshoe Collective (BSU), 1889 Collective (U of I), or Student-Athlete Success Fund (ISU); Use “BroncoPRO” in-house agency (BSU); Sign endorsement deals with brands (including alcohol—see Vandal Victory Lager); Monetize social media accounts; Earn from camps, clinics, and appearances; Receive fan support through platforms like RallyFuel.

High School Athletes:

Sign commercial endorsements (NO school affiliation whatsoever); Monetize social media accounts (no school branding); Earn from autograph signings and appearances; Build personal brand as “local celebrity” independent of school identity.

What Idaho Athletes Cannot Do

College Athletes:

Cannot endorse: gambling, tobacco, adult entertainment, controlled substances (NCAA rules apply); International students (F-1 visa): Cannot engage in active NIL on U.S. soil; SBOE “Felony Clause”: Felony conviction = immediate removal (asset demonetization risk); Contracts >$350,000/year or >3 years may require SBOE approval.

High School Athletes:

Cannot have ANY affiliation with school in NIL activity (Rule 8-4); Cannot wear school uniform, letterman jacket, or school colors in ads; Cannot film on school grounds (fields, gyms, locker rooms); Cannot reference team/school (“Eagle High School Quarterback” = prohibited); Cannot use school mascot or logos; Cannot accept performance-based awards exceeding $300 (Rule 8-5).

Both:

Must pay taxes on NIL income (Idaho 6.925% top rate + federal + self-employment); Must maintain academic eligibility.

Compliance Requirements

For College Athletes:

Work with institutional collective (Horseshoe, 1889, or ISU internal fund); Report deals >$600 per House settlement/NCAA requirements; Consider “BroncoPRO” services (BSU) for contract review; Disclose conflicts with institutional sponsors; Avoid prohibited categories per NCAA rules; Be aware of SBOE “Felony Clause” risk.

For High School Athletes:

NEVER have any affiliation with school in NIL activity (Rule 8-4); Strip identity of all school context (no uniforms, colors, logos, facilities, team references); Structure deals as licensing agreements NOT performance bonuses (avoid $300 cap); No mandatory pre-clearance—but principal reports ineligibility upon discovery.

For Parents:

For college: No state statute = maximum flexibility; SBOE “Felony Clause” = unique risk (character due diligence); Three distinct models (BSU 501(c)(3), U of I corporation, ISU internal); No state “vice” ban for college athletes. For high school: IHSAA “Affiliation Ban” (Rule 8-4) = strictest restriction; $300 award cap (Rule 8-5) on performance prizes; No mandatory disclosure form—reactive enforcement; Generic “72-hour rule” is from other states, NOT Idaho.

How Fans Support Idaho Athletes

Idaho has passionate Bronco, Vandal, and Bengal fans—and now they can directly support athletes through NIL.

College Athletes:

Platforms like RallyFuel enable Idaho fans to support athletes at:

  • Boise State University – Mountain West (Group of 5)
  • University of Idaho – Big Sky (FCS)
  • Idaho State University – Big Sky (FCS)
  • All sports—Football, Basketball, and more

Idaho NIL Infrastructure:

Boise State: “Horseshoe Collective” 501(c)(3) (tax-deductible). “BroncoPRO” in-house agency. “Going for 2” campaign ($2M goal). “Sack Fund” gamified fundraising. BSU Foundation: $102M total / $27.2M athletics. U of I: “1889 Collective” (corporation structure). “Vandal Victory Lager” / “Vandal Mule” consumable NIL. Retention focus (“Moneyball” approach). ISU: “Student-Athlete Success Fund” (internal). “Prepare to Roar” campaign (~$1M annually).

How It Works:

1. Create an account on RallyFuel.com or the mobile app
2. Select your Idaho school affiliation
3. Browse verified athletes currently on your program’s roster
4. Fuel athletes you want to support
5. Track your support through your fan dashboard

How It Works: When you purchase Fan Fuel, you’re purchasing Conditional NIL Engagement Rights (CNERs). If conditions are met, RallyFuel or its affiliate offers an NIL Agreement to the athlete. If conditions aren’t met—for example, if an athlete transfers—you receive an automatic refund.

Conditional Protection: RallyFuel’s conditional model protects Fan Fuel with automatic refunds if athletes transfer or conditions aren’t met. Idaho fans can support players without financial risk.

Important: Fan support through RallyFuel is voluntary and conditional. Fuel purchases are not charitable donations. RallyFuel is not a guarantor that any athlete will accept an NIL Agreement. Purchasing Fan Fuel does not guarantee athletic performance, playing time, or any specific outcome.

High School Athletes:

Idaho high school athletes may pursue NIL opportunities under IHSAA rules provided they have NO affiliation with their school in any NIL activity. Must strip all school context—operate as generic “local celebrity.” Performance-based awards capped at $300 (Rule 8-5).

Learn More About the NIL Landscape

Name, Image, and Likeness plays an increasing role in college sports, and understanding how it works often requires more than individual articles or news updates.

RallyFuel is a platform focused on NIL-related topics across college athletics. It brings together information about athletes, NIL activity, and the broader structure behind modern college sports, helping readers explore the topic in more depth.

Visit RallyFuel

Frequently Asked Questions

Can Idaho high school athletes do NIL?

Yes, but with STRICT restrictions. Rule 8-4 “Affiliation Ban”: Cannot have ANY affiliation with school (no uniforms, colors, logos, facilities, team references). Rule 8-5 “$300 Cap”: Performance-based awards capped at $300. Structure deals as licensing agreements, NOT performance bonuses. No mandatory pre-clearance—principal reports ineligibility upon discovery. Athletes operate as “local celebrities” stripped of school identity.

Why doesn’t Idaho have a state NIL statute?

Strategic “legislative silence”—not negligence. Avoids “legislative whiplash” seen in FL, AL, MS (states that passed laws then had to repeal them). Provides “clean slate” regulatory environment. No state hurdle to House settlement (Day 1 compliance). Oversight devolves to SBOE and institutional policy. Maximum operational flexibility for athletic departments.

What is the SBOE “Felony Clause”?

SBOE Section III.T mandates immediate removal of any athlete convicted of a felony. Board mandate—supersedes athletic department discretion. Creates “Idaho Risk Premium” for NIL contracts: Collectives invest in athletes who can be summarily demonetized by state policy upon legal conviction. Requires more rigorous character due diligence than states with lenient conduct policies.

What are the three Idaho collective models?

Boise State “Horseshoe Collective”: 501(c)(3) non-profit (tax-deductible donations); “Going for 2” campaign ($2M goal); “Sack Fund” gamified fundraising; BSU Foundation: $102M total / $27.2M athletics. U of I “1889 Collective”: Corporation structure (NOT 501(c)(3))—operational flexibility; focus on retention (“Moneyball”); “Vandal Victory Lager” consumable NIL. ISU “Student-Athlete Success Fund”: Internal/in-house (not third-party); “Prepare to Roar” campaign (~$1M annually); severe resource constraints ($12-14M budget vs. BSU’s ~$50M+).

Can Idaho college athletes endorse alcohol?

Yes. Unlike Utah (explicit vice ban), Idaho has NO state-level prohibition for college athletes. Example: “Vandal Victory Lager” and “Vandal Mule” are co-branded products with U of I collective. NCAA rules still apply (no gambling, tobacco, etc.), but alcohol licensing is permitted at the state level.

What happens if an athlete I supported transfers?

If an athlete transfers or selects a different school during the conditional period, you receive an automatic refund to your original payment method. No manual request is required.

Idaho: Strategic Silence in a Regulated Nation

Idaho maintains strategic “legislative silence”—NO state NIL statute, creating maximum operational flexibility for institutions. Day 1 House settlement compliance (no repeal needed). SBOE oversight via Section III.T (“Felony Clause” = immediate removal). Three-tier system: Boise State operates “Horseshoe Collective” (501(c)(3)) with “BroncoPRO” in-house agency and $102M Foundation; U of I uses “1889 Collective” (corporation) with “Vandal Victory Lager” consumable NIL; Idaho State’s internal “Student-Athlete Success Fund” fights resource constraints ($12-14M budget). IHSAA permits high school NIL with strict “Affiliation Ban” (Rule 8-4) and $300 award cap (Rule 8-5). Montana’s $2.2M collective spending creates FCS “arms race” pressure.

For college athletes ready to maximize their NIL potential, RallyFuel provides fan-powered support with conditional protection. Explore verified Idaho athletes and start fueling today.

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