MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary A
By: Representatives Bounds, Stamps
AN ACT TO REVISE VARIOUS PROVISIONS OF THE "UNIFORM ATHLETE AGENTS ACT"; TO AMEND SECTION 73-42-3, MISSISSIPPI CODE OF 1972, TO REVISE TERMINOLOGY AND DEFINITIONS USED IN THE ACT; TO AMEND SECTION 73-42-7, MISSISSIPPI CODE OF 1972, TO CLARIFY WHEN AN INDIVIDUAL MAY ACT AS AN ATHLETE AGENT PRIOR TO BECOMING REGISTERED AS SUCH; TO AMEND SECTION 73-42-9, MISSISSIPPI CODE OF 1972, TO REQUIRE ADDITIONAL INFORMATION FROM THE APPLICANT WHEN REGISTERING AS AN ATHLETE AGENT; TO AMEND SECTION 73-42-11, MISSISSIPPI CODE OF 1972, TO CLARIFY GROUNDS FOR DENIAL OF REGISTRATION AND TO PRESCRIBE PROCEDURES FOR RENEWAL OF REGISTRATIONS; TO AMEND SECTION 73-42-13, MISSISSIPPI CODE OF 1972, TO SPECIFY GROUNDS FOR DENIAL, SUSPENSION, REVOCATION OR REFUSAL TO RENEW REGISTRATION AS AN ATHLETE AGENT; TO AMEND SECTION 73-42-17, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF THE SECRETARY OF STATE TO CHARGE ADDITIONAL FEES FOR PROCESSING AND ADMINISTERING CRIMINAL BACKGROUND CHECKS FOR APPLICANTS SEEKING REGISTRATION AS AN ATHLETE AGENT; TO AMEND SECTION 73-42-19, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CONTRACTUAL REQUIREMENTS FOR AGENCY CONTRACTS, INCLUDING WARNINGS OF POSSIBLE INELIGIBILITY TO PARTICIPATE IN A SPORT, REQUIRED NOTICE TO BE PROVIDED TO ATHLETIC DIRECTORS WITHIN 72 HOURS OF ENTERING AN AGENCY CONTRACT, WHAT WOULD CAUSE THE CONTRACT TO BE VOIDED AND THE REQUIREMENT FOR THE PARENT OR GUARDIAN OF MINOR STUDENT-ATHLETES TO SIGN THE CONTRACT FOR SUCH STUDENT; TO AMEND SECTION 73-42-21, MISSISSIPPI CODE OF 1972, TO SPECIFY REQUIREMENTS FOR NOTICE TO EDUCATIONAL INSTITUTIONS; TO AMEND SECTION 73-42-23, MISSISSIPPI CODE OF 1972, TO RECOGNIZE THE RIGHTS OF PARENTS OR GUARDIANS OF MINOR STUDENT-ATHLETES; TO AMEND SECTION 73-42-27, MISSISSIPPI CODE OF 1972, TO CLARIFY ACTS THAT ATHLETE AGENTS ARE PROHIBITED FROM ENGAGING; TO AUTHORIZE PAYMENT OF CERTAIN EXPENSES OF THE STUDENT-ATHLETE BY AN ATHLETE AGENT; TO AMEND SECTION 73-42-31, MISSISSIPPI CODE OF 1972, TO RECOGNIZE AN EDUCATIONAL INSTITUTION'S AND STUDENT-ATHLETE'S RIGHT TO BRING AN ACTION AGAINST AN ATHLETE AGENT FOR ACTS OR OMISSIONS THAT ADVERSELY AFFECT THE INSTITUTION OR STUDENT-ATHLETE; TO AMEND SECTION 73-42-33, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM CIVIL PENALTY IMPOSED BY THE SECRETARY OF STATE FOR VIOLATIONS OF THE ACT UP TO $50,000.00; TO AMEND SECTION 73-42-34, MISSISSIPPI CODE OF 1972, TO CONFORM VENUE REQUIREMENTS FOR COURTS OF PROPER JURISDICTIONS FOR RESIDENT AND NONRESIDENT ATHLETE AGENTS AND PROVIDE A MANNER FOR APPEALS; TO AUTHORIZE THE SECRETARY OF STATE TO SUSPEND REGISTRATIONS FOR AGENTS WHO FAIL TO COMPLY WITH AN ORDER FOR SUPPORT; TO CREATE NEW SECTION 73-42-41, MISSISSIPPI CODE OF 1972, TO RECOGNIZE THE AUTHORITY AND AUTONOMY OF EDUCATIONAL INSTITUTIONS TO ESTABLISH THEIR OWN POLICIES AND REGULATIONS GOVERNING ATHLETE AGENT SOLICITATIONS AND INTERACTIONS WITH STUDENT-ATHLETES; TO BRING FORWARD SECTIONS 73-42-1, 73-42-5, 73-42-15, 73-42-25, 73-42-29, 73-42-35, 73-42-37 AND 73-42-39, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS OF THE "UNIFORM ATHLETE AGENTS ACT," FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO BRING FORWARD SECTIONS 37-97-101, 37-97-103, 37-97-105, 37-97-107 AND 37-97-109, MISSISSIPPI CODE OF 1972, WHICH IS THE "MISSISSIPPI INTERCOLLEGIATE ATHLETICS COMPENSATION RIGHTS ACT," FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-42-3, Mississippi Code of 1972, is amended as follows:
73-42-3. In this * * * act:
(a) "Agency contract"
means an agreement in which a student-athlete authorizes a person to negotiate or
solicit on behalf of the student-athlete a professional-sports-services contract,
an endorsement contract, or compensation for the use of the student-athlete's
name, image or likeness * * *, or enrollment at any educational institution that offers an athletic scholarship
to the student‑athlete.
(b) "Athlete agent"
means an individual, whether or not registered under this act, who:
* * *
(i) Directly or indirectly recruits or solicits as student-athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for a student-athlete as a professional athlete or member of a professional sports team
or organization;
(ii) For compensation or in anticipation of compensation related to a student-athlete's participation in athletics:
1. Serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the educational institution for the benefit of such institution; or
2. Manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts or other taxes; or
(iii) In anticipation of representing a student-athlete for a purpose related to the student-athlete's participation in athletics:
1. Gives consideration to the student-athlete or another person;
2. Serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or
3. Manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts or taxes, but does not include an individual who:
a. Acts solely on behalf of a professional sports team or organization; or
b. Is a licensed, registered or certified professional and offers or provides services to a student-athlete customarily provided by members of the profession, unless the individual:
A. Also recruits or solicits the student-athlete to enter into an agency contract;
B. Also, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for the student-athlete as a professional athlete or member of a professional sports team or organization; or
C. Receives consideration for providing the services calculated using a different method than for an individual who is not a student-athlete.
(c) "Athletic director" means 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.
(d) "Contact" means a communication, direct or indirect, written or oral, between an athlete agent and a student-athlete, to recruit, induce or solicit the student-athlete to enter into an agency contract.
(e) "Educational institution" includes a public or private elementary school, secondary school, charter school, technical or vocational school, community college, college and university.
( * * *f) "Endorsement contract" means:
(i) An agreement under
which a student-athlete is employed or receives consideration to use on
behalf of the other party or anything of value * * * that the student-athlete
may have because of publicity, reputation, following, or fame obtained because
of the student-athlete's athletic ability or performance; and
(ii) An agreement under which a student-athlete receives compensation, consideration or anything of value for the use of the student-athlete's name, image or likeness, which is consistent with the provisions of the Mississippi Intercollegiate Athletics Compensation Rights Act.
(g) "Enrolled" means registered for academic or technical courses and attending athletics practice or classes. The term "enrolls" shall have a corresponding meaning.
( * * *h) "Intercollegiate sport" means
a sport played at the collegiate level for which eligibility requirements for participation
by a student-athlete are established by a national association * * * that promotes
or regulates collegiate athletics.
(i) "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges or universities.
(j) "Licensed, registered or certified professional" means an individual licensed, registered or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered or certified by the state or a nationally recognized organization that licenses, registers or certifies members of the profession on the basis of experience, education or testing.
(k) "Name, image and likeness agency contract" means an agency contract between a student-athlete and an athlete agent, entered into for the sole purpose of the athlete agent negotiating or soliciting, on behalf of the student-athlete, compensation for the use of student-athlete's name, image and likeness consistent with the provisions of the Mississippi Intercollegiate Athletics Compensation Rights Act. A name, image and likeness agency contract, as defined in this paragraph, is not subject to the agency requirements of Section 73-42-19.
( * * *l) "Person" means an individual, * * * estate, business or nonprofit entity, public corporation, government
or governmental subdivision, agency or instrumentality, or other legal entity.
( * * *m) "Professional-sports-services contract"
means an agreement under which an individual is employed as a professional athlete
or agrees to render services as a player on a professional sports team, with a professional
sports organization, or as a professional athlete.
( * * *n) "Record" means information
that is inscribed on a tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(o) "Recruit or solicit" means an attempt by an athlete agent to influence the choice of a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching or social situation, unless the individual giving such advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly from the agent.
( * * *p) "Registration" means registration
as an athlete agent pursuant to this * * * act.
(q) "Sign" means, with present intent to authenticate or adopt a record to:
(i) Execute or adopt a tangible symbol; or
(ii) Attach to or logically associate with the record, an electronic symbol, sound or process.
( * * *r) "State" means a state of the
United States, the District of Columbia, Puerto Rico, the United States Virgin Islands,
or any territory or insular possession subject to the jurisdiction of the United
States.
( * * *s) "Student-athlete" means an
individual who is eligible to attend an educational institution and engages
in, is eligible to engage in, or may be eligible in the future to engage in * * * any
interscholastic or intercollegiate sport * * *. * * * The term does not include an individual
who is permanently ineligible to participate in a particular interscholastic or
intercollegiate sport for that sport.
SECTION 2. Section 73-42-7, Mississippi Code of 1972, is amended as follows:
73-42-7. (1) Except
as otherwise provided in subsection (2), an individual may not act as an athlete
agent in this state before being issued a certificate of registration under * * *
this act.
(2) Before being issued a
certificate of registration under this act, an individual may * * * serve as an athlete agent for all
purposes except signing an agency contract if * * *:
(a) A student-athlete or another person acting on behalf of the student-athlete initiates communication with such individual; and
(b) Not later than
seven (7) days after an initial act that requires the individual to register
as an athlete agent, the individual submits an application * * * for registration as an athlete
agent in this state.
(3) 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 * * *.
SECTION 3. Section 73-42-9, Mississippi Code of 1972, is amended as follows:
73-42-9. (1) An applicant
for registration as an athlete agent shall submit an application for
registration to the Secretary of State * * * on a form prescribed by the Secretary
of State. * * * The
applicant must be an individual, and the application must be signed by the applicant
under penalty of perjury. The application must contain at least the following:
(a) The name, date and place of birth of the applicant and the following contact information for the applicant:
(i) The address of the applicant's principal place of business;
(ii) Work, home and mobile telephone numbers; and
(iii) Any means of electronic communication, including facsimile, electronic-mail address, and personal and business or employer websites;
(b) The name of the applicant's business or employer, if applicable, including the mailing address, telephone number, organization form and nature of the business for each such business or employer;
(c) Each social media account with which the applicant or applicant's business or employer is affiliated;
( * * *d) * * * Each business or occupation in which
the applicant was engaged * * * with five
(5) years * * * before the date of submission of the application,
including self-employment and employ by others, and any professional or occupational
license, registration or certification held by the action during that time;
( * * *e) A description of the applicant's:
(i) Formal training as an athlete agent;
(ii) Practical experience as an athlete agent; and
(iii) Educational background relating to the applicant's activities as an athlete agent;
* * *
(f) The name * * *
each student-athlete for whom the applicant * * * acted as an athlete
agent * * *
within five (5) years * * * before the date of
submission of the application or, if the individual is a minor, the name of the
minor's parent or guardian, together with the student-athlete's sport and last-known
team of participation;
(g) The * * * name
and address of each person who:
(i) * * *
Is a partner, member, officer, manager, associate or profit-sharer, or directly
or indirectly holds an equity interest of five percent (5%) or greater of the athlete
agent's business, if it is not a corporation; and
(ii) * * * Is an officer
or director of a corporation employing the athlete agent or a shareholder having
an interest of five percent (5%) or greater in the corporation;
(h) A description of the status of any application by the applicant, or any person named under paragraph (g), for a state or federal business, professional or occupational license, other than that as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal or termination of the license and any reprimand, sanction or censure related to the license;
( * * *i) Whether the applicant or any other
person named pursuant to paragraph (g) has * * * pleaded guilty or no contest to, has been convicted of,
or has charges pending for, a crime that would involve moral turpitude or be classified
as a felony committed in this state and, if so, identification of:
(i) The crime;
(ii) The law enforcement agency involved; and
(iii) If applicable, the date of the conviction and the fine or penalty imposed;
(j) Whether, within fifteen (15) years before the date of submission of the application, the applicant, or any person named under paragraph (g), has been a defendant or respondent in a civil proceeding, including a proceeding seeking adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;
(k) Whether the applicant, or any person named under paragraph (g), has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of submission of the application;
(l) Whether, within ten (10) years before the date of submission of the application, the applicant, or any person named under paragraph (g), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;
( * * *m) Whether there has been any administrative
or judicial determination that the applicant or any other person named pursuant
to paragraph (g) has made a false, misleading, deceptive or fraudulent
representation;
( * * *n) * * * Each instance in which the conduct
of the applicant or any other person named pursuant to paragraph (g) resulted
in the imposition of a sanction, suspension or declaration of ineligibility to
participate in an interscholastic * * *, intercollegiate or professional
athletic event on a student-athlete or a sanction on an educational
institution;
( * * *o) * * * Each sanction, suspension or
disciplinary action taken against the applicant or any other person named pursuant
to paragraph (g) arising out of occupational or professional conduct;
( * * *p) Whether there has been any denial
of an application for, suspension or revocation of, * * * refusal to renew, * * * or abandonment of, the
registration * * * of the applicant or any other person named pursuant to
paragraph (g) as an athlete agent in any state;
* * *
( * * *q) * * * Each state in
which the applicant is currently * * * registered as an athlete agent * * *
or has applied to be registered as an athlete agent; and
* * *
(r) If the applicant is certified or registered by a professional league or players' association:
(i) The name of the league or association;
(ii) The date of certification or registration and the date of expiration of the certification or registration, if any; and
(iii) If applicable, the date of anu denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration, or any reprimand, sanction or censure related to the certification or registration; and
(s) Any additional information required by the Secretary of State.
(2) * * *
Instead of proceeding under subsection (1), an individual registered as an athlete
agent in another state may apply for registration as an athlete agent in this state
by submitting the following to the Secretary of State:
(a) * * *
A copy of the application for registration from the other state;
(b) * * *
A statement that identifies any material change in the information on the application
or verifies there is no material change in the information, signed under penalty
of perjury; and
(c) * * *
A copy of the certificate of registration from the other state.
(3) * * * The Secretary of State
shall issue a certificate of registration to an individual who applies for registration
under subsection (2) if the Secretary of State determines:
(a) * * * The application or registration requirements of the other
state are substantially similar to or more restrictive than the provisions required
under this act; and
(b) * * * The registration has not been revoked
or suspended and no action involving the individual's conduct as an athlete agent
is pending against the individual or the individual's registration in any state;
* * *
(4) For purposes of implementing subsection (3), the Secretary of State shall:
(a) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than the provisions required under this act; and
(b) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
SECTION 4. Section 73-42-11, Mississippi Code of 1972, is amended as follows:
73-42-11. (1) Except as otherwise
provided in subsection (3), the Secretary of State shall issue a certificate of
registration to an * * *
applicant for registration who complies with Section 73-42-9(1).
* * *
( * * *2) The Secretary of State may refuse
to issue a certificate of registration to an application for registration under
Section 73-42-9(1) if * * *he the Secretary of State determines that the applicant
has engaged in conduct that * * * adversely reflects
on the applicant's fitness to * * * act as an athlete agent. In
making the determination, the Secretary of State may consider whether the applicant
has:
(a) Pleaded guilty or
no contest to, has been convicted of, or has charges pending for, a
crime * * * would involve moral turpitude or
be a felony * * * if committed in this state;
(b) Made a materially false, misleading, deceptive or fraudulent representation as an athlete agent or in the application;
(c) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(d) Engaged in conduct prohibited by Section 73-42-27;
(e) Had a registration * * * as an athlete agent
suspended, revoked * * *
or denied * * * in any state;
(f) Been refused renewal of registration as an athlete agent in any state;
( * * *g) Engaged in conduct * * * resulting in the imposition of a sanction,
suspension or declaration of ineligibility to participate in an interscholastic * * *, intercollegiate or professional
athletic event * * *
on a student-athlete or as sanction on an educational institution; or
( * * *h) Engaged in conduct that * * * adversely reflects on the
applicant's * * * credibility, honesty and integrity.
( * * *3) In making a determination under subsection
( * * *2),
the Secretary of State shall consider:
(a) How recently the conduct occurred;
(b) The nature of the conduct and the context in which it occurred; and
(c) Any other relevant conduct of the applicant.
( * * *4) An athlete agent registered under
subsection (1) may apply to renew * * * the registration by submitting an
application for renewal * * *in on a form prescribed by the Secretary of State. * * *
The applicant shall sign the application for renewal * * * under penalty
of perjury and * * * include current information on all matters required in
an original application for registration.
( * * *5) * * * An athlete agent registered under Section
73-42-9(4) may renew the registration by proceeding under subsection (4) of this
section or, if the registration in the other state has been renewed, by submitting
to the Secretary of State copies of the application for renewal in the other state
and the renewed registration from the other state. The Secretary of State shall
renew the registration if he or she determines:
(a) * * * The registration requirements of the other
state are substantially similar to or more restrictive than the provisions required
under this act; and
(b) * * * The renewed registration has not been suspended or
revoked and no action involving the individual's conduct as an athlete agent is
pending against the individual or the individual's registration in any state.
* * *
( * * *6) Except as provided in Section 33-1-39,
a certificate of registration or a renewal of a registration is valid for two (2)
years.
SECTION 5. Section 73-42-13, Mississippi Code of 1972, is amended as follows:
73-42-13. (1) * * *
The Secretary of State may * * * limit, suspend, revoke or refuse to
renew a registration of an individual registered under Section 73-42-11(1)
for conduct that would have justified * * * refusal to issue
a certificate of registration under Section 73-42-11(2).
(2) The Secretary of State may suspend or revoke the registration of an individual registered under Section 73-42-11(1) or renewed under Section 73-42-11(4) for any reason for which the Secretary of State could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under Section 73-42-11(2).
* * *
SECTION 6. Section 73-42-17, Mississippi Code of 1972, is amended as follows:
73-42-17. * * * An application for registration or renewal
of registration must be accompanied by a fee in the following amount:
(a) Two Hundred Dollars ($200.00) for an initial application for registration.
(b) Two Hundred Dollars ($200.00) for an application for registration based upon a certificate of registration or licensure issued by another state.
(c) Two Hundred Dollars ($200.00) for an application for renewal of registration.
(d) Two Hundred Dollars ($200.00) for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.
* * *
SECTION 7. Section 73-42-19, Mississippi Code of 1972, is amended as follows:
73-42-19. (1) An agency contract must be in a record, signed by the parties.
(2) An agency contract must * * * contain:
(a) A statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the agent is registered as an athlete agent;
( * * *b) The amount and method of calculating
the consideration to be paid by the student-athlete for services to be provided
by the * * *
agent under the contract and any other consideration * * * the * * * agent has received or will receive from
any other source for entering into the contract or for providing the services;
( * * *c) The name of any person not listed
in the agent's application for registration or renewal of registration
who will be compensated because the student-athlete signed the * * * contract;
( * * *d) A description of any expenses that
the student-athlete agrees to reimburse;
( * * *e) A description of the services to be
provided to the student-athlete;
( * * *f) The duration of the contract; and
( * * *g) The date of execution.
(3) Subject to subsection
(7), an agency contract must contain * * *
a conspicuous notice in boldface type and in * * * substantially the following
form:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;
(2) * * * IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER * * * SIGNING THIS
CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER
OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR
THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION
OF THE ATHLETE AGENT; AND
(3) YOU MAY
CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF * * * THIS CONTRACT MAY NOT REINSTATE YOUR
ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.
(4) * * * An agency contract must
be accompanied by a separate record signed by the student-athlete or, if the student-athlete
is a minor, the parent or guardian of the minor student-athlete, acknowledging that
signing the contract may result in the loss of the student-athlete's eligibility
to participate in the student-athlete's sport.
(5) * * * A student-athlete
or, if the student-athlete is a minor, the parent or guardian of the minor student-athlete,
may void an agency contract that does not conform to the requirements of this section.
If the contract is voided, any consideration received from the athlete agent under
the contract to induce entering into the contract is not required to be returned.
(6) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the student-athlete is a minor, the parent or guardian of the minor student-athlete, a copy of a record of the contract and the separate acknowledgment agreement required by subsection (4).
(7) If a student-athlete is a minor, an agency contract must be signed by the parent or guardian of the minor student-athlete, and the notice required by subsection (3) must be revised accordingly.
SECTION 8. Section 73-42-21, Mississippi Code of 1972, is amended as follows:
73-42-21. (1) * * * As
used in this section "communicating or attempting to communicate" means
contacting or attempting to contact by an in-person meeting, a record, or any other
method that conveys or attempts to convey a message.
* * *
(2) * * * Not later than seventy-two (72)
hours after entering into an 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 * * *
contract to the athletic director of the educational institution at which the student-athlete
is enrolled or at which the * * * agent has reasonable grounds to believe
the student-athlete intends to enroll.
(3) * * * Not later than seventy-two (72)
hours after entering into an agency contract or before the next scheduled 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 the student-athlete is enrolled that * * * the student-athlete has
entered into an agency contract, and the name and contact information of the
athlete agent.
(4) If an athlete agent enters into an agency contract with a student-athlete and the student-athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not less than seventy-two (72) hours after the agent knew or should have known the student-athlete enrolled.
(5) If an athlete agent has a relationship with a student-athlete before the student-athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than ten (10) days after the enrollment if the agent knows or should have known of the student-athlete's enrollment, and:
(a) The relationship was motivated, in whole or in part, by the intention of the agent to recruit or solicit the student-athlete to enter an agency contract in the future; or
(b) The agent directly or indirectly recruited or solicited the student-athlete to enter an agency contract before the enrollment.
(6) An athlete agent shall give notice in a record to the athletic director of any educational institution or to an athletic director for compliance at any educational institution at which a student-athlete is enrolled before the agent communicates or attempts to communicate with:
(a) The student-athlete or, if the student-athlete is a minor, the parent or guardian of the minor student-athlete, to influence the student-athlete or parent or guardian to enter into an agency contract; or
(b) Another individual, to have that individual influence the student-athlete or, if the student-athlete is a minor, the parent or guardian of the minor student-athlete, to influence the student-athlete or parent or guardian to enter into an agency contract.
(7) If a communication or attempt to communicate with an athlete agent is initiated by the student-athlete or another individual on behalf of the student-athlete, the agent shall notify in a record the athletic director or any educational institution at which the student-athlete is enrolled. The notification must be made not less than ten (10) days after the communication or attempt to communicate was first made.
(8) An educational institution that becomes aware of a violation of this act by an athlete agent shall notify the Secretary of State and any professional league or players' association, with whom the institution is aware that the agent is licensed or registered, of the violation.
SECTION 9. Section 73-42-23, Mississippi Code of 1972, is amended as follows:
73-42-23. (1) A student-athlete
or, if the student-athlete is a minor, the parent or guardian of the minor student-athlete,
may cancel an agency contract by giving notice in a record to the
athlete agent of the cancellation * * * not later than fourteen (14) days
after the date the contract is signed.
(2) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the minor student-athlete, may not waive the right to cancel any agency contract.
(3) If a student-athlete or parent or guardian of a minor student-athlete cancels an agency contract, the student-athlete or parent or guardian of a minor 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.
SECTION 10. Section 73-42-27, Mississippi Code of 1972, is amended as follows:
73-42-27. (1) An athlete
agent * * * shall
not * * *:
(a) Give a student-athlete
or the parent or guardian of a minor student-athlete * * * materially false or misleading information
or make a materially false promise or representation with the intent to influence
the student-athlete or parent or guardian of a minor student-athlete into an agency
contract;
(b) Furnish anything
of value to a student-athlete * * * or another individual, if to do so may result in the loss
of the student-athlete's eligibility to participate in the student-athlete's sport,
unless:
(i) The agent notifies the athletic director of the educational institution at which the student-athlete is enrolled or at which the agent has reasonable grounds to believe the student-athlete intends to enroll not later than seventy-two (72) hours after giving the thing of value; and
(ii) The student-athlete or, if the student-athlete is a minor, the parent or guardian of the minor student-athlete, acknowledges to the agent in a record that receipt of the thing of value may result in the loss of the student-athlete's eligibility to participate in the student-athlete's sport;
* * *
( * * *c) Initiate contact, directly or indirectly,
with a student-athlete or, if the student-athlete is a minor, the parent or guardian
of the minor student-athlete, to recruit or solicit the student-athlete or the parent
or guardian of a minor student-athlete to enter an agency contract unless
registered under this * * *
act;
( * * *d) * * * Fail to create, retain
or permit inspection of the records required by * * * this act;
( * * *e) * * * Fail
to register as required by this act;
( * * *f) Provide materially false or
misleading information in an application for registration or renewal of
registration;
( * * *g) Predate or postdate an agency contract;
* * *
( * * *h) Fail to notify a student-athlete or,
if the student-athlete is a minor, the parent or guardian of the minor student-athlete,
before the student-athlete or parent or guardian of a minor student-athlete * * *
for a particular sport that the signing * * * may make the student-athlete
ineligible to participate as a student-athlete in that sport * * *;
(i) Encourage another individual to do any of the acts described in paragraphs (a) through (h) on behalf of the agent; or
(j) Encourage another individual to assist any other individual in doing any of the acts described in paragraphs (a) through (h) on behalf of the agent.
(2) (a) As used in this subsection, "certified athlete agent" means an athlete agent registered under the provisions of this act who is certified to be an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student-athlete in that sport.
(b) A certified athlete agent may pay expenses of a student-athlete and the student-athlete's family members incurred before the signing of an agency contract if:
(i) The expenses are for the benefit of a student-athlete who is a member of a class of student-athletes authorized to receive the benefit by the national association that certified the agent;
(ii) The expenses are not of a type authorized to be paid by a certified agent by the national association that certified the agent; and
(iii) The expenses are for a purpose authorized by the national association that certified the agent.
(c) All certified athlete agents who pay any expenses authorized by this subsection must file an itemized report of the same with the athletic director or their designee of the educational institution the student-athlete attends or intends to enroll. Such report must be submitted by the fifth day of the month following the month that the expenses were incurred. The reporting of expenses shall be in a format required by the educational institution.
SECTION 11. Section 73-42-31, Mississippi Code of 1972, is amended as follows:
73-42-31. (1) An educational
institution * * * or student-athlete may bring an action for damages against the
athlete agent of the institution or student-athlete is adversely affected by an
act or omission of the agents in violation of this act. An educational institution
or student-athlete is adversely affected by an act or omission of the agent only
if, because of the act or omission, the institution or an individual who was a student-athlete
at the time of the act or omission and was enrolled in the institution:
(a) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(b) Suffers financial damage.
(2) * * *
A plaintiff who prevails in an action under this section may recover treble damages,
punitive damages, costs and reasonable attorney's fees. An athlete agent found
liable under this section forfeits any right of payment for anything of benefit
or value provided to the student-athlete, and shall refund any consideration paid
to the agent by or on behalf of the student-athlete.
(3) * * *
A violation of this act is deemed an unfair trade or deceptive practice for purposes
of Section 75-24-5.
* * *
SECTION 12. Section 73-42-33, Mississippi Code of 1972, is amended as follows:
73-42-33. The Secretary of
State may assess a civil penalty against an athlete agent not to exceed * * *
Fifty Thousand Dollars ($50,000.00) for a violation of this * * * act.
SECTION 13. Section 73-42-34, Mississippi Code of 1972, is amended as follows:
73-42-34. (1) If the Secretary
of State determines that a person has engaged in or is engaging in an act,
practice, or course of business constituting a violation of this * * * act or a rule adopted or order issued
under this * * *
act, or that a person has materially aided or is materially aiding in an
act, practice, or course of business constituting a violation of this * * * act or a rule adopted or order
issued under this * * *
act, then the secretary may:
(a) Issue an order directing
the person to cease and desist from engaging in the act, practice, or course of
business, or to take other action necessary or appropriate to comply with this * * * act or any rule adopted or order
issued under this * * *
act;
(b) Issue an order imposing
an administrative penalty against an athlete agent who violated any provision of
this * * *
act or any rule adopted or order issued under this * * * act; and
(c) Take any other
action authorized under the provisions of this * * * act.
(2) An order issued under
subsection (1) of this section is effective on the date of its issuance. Upon
the order's issuance, the Secretary of State shall promptly serve each person subject
to the order with a copy of the order and a notice that the order has been entered.
The order must include a statement of any civil penalty or other administrative
remedy to be imposed under subsection (1) of this section, a statement of the costs
of investigation that the secretary will seek to recover, a statement of the
reasons for the order, and a statement notifying the person of his or her right
to a hearing * * *. If a person subject to the order does
not request a hearing in writing within thirty (30) days of the date of the order
and none is ordered by the hearing officer, then the order, including the
imposition of a civil penalty or requirement for payment of the costs of
investigation, shall become final as to that person by operation of law.
(3) In a final order, the secretary
may charge the actual cost of an investigation or proceeding for a violation of
this * * *
act or a rule adopted or order issued under this * * * act.
(4) If a petition for
judicial review of a final order is not filed in accordance with this section * * *, or the petition is denied
by the court, the secretary may file a certified copy of the final order with the
clerk of a court in the jurisdiction where enforcement will be sought. The
order so filed has the same effect as a judgment of the court and may be
recorded, enforced, or satisfied in the same manner as a judgment of the court.
(5) If a person does not comply with an order issued under this section, the secretary may petition a court of competent jurisdiction to enforce the order and collect administrative civil penalties and costs imposed under the final order. The court may not require the secretary to post a bond in an action or proceeding under this section. If the court finds, after service and opportunity for hearing, that the person did not comply with the order, the court may adjudge the person in civil contempt of the order. The court may grant any relief the court determines is just and proper in the circumstances.
(6) Any person aggrieved by
a final order of the secretary may obtain a review of the order in the circuit court
of the county of residence of the athlete agent, * * * if the athlete agent is a
Mississippi resident or the circuit court of the county in which the educational
institution that the student-athlete attends or attended is located, by filing
within thirty (30) days after the entry of the order, a written petition praying
that the order be modified or set aside, in whole or in part. A copy of the
petition shall be served upon the secretary, and the secretary shall certify and
file with the court a copy of the record and evidence upon which the order was
entered. When these have been filed, the court has exclusive jurisdiction to
affirm, modify, enforce or set aside the order, in whole or in part. The findings
of the secretary as to the facts, if supported by competent material and substantial
evidence, are conclusive. The beginning of proceedings under this subsection
does not operate as a stay of the secretary's order, unless specifically
ordered by the court.
(7) In addition to the reasons specified in this section, the Secretary of State is authorized to suspend the registration of any person for being out of compliance with an order of support, as defined in Section 93-11-153. The procedure for suspension of a registration for being out of compliance with an order for support, and the procedure for reissuance or reinstatement of a registration suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a registration suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the Secretary of State in suspending the registration of a person when required by Section 93-11-157 are not actions from which an appeal may be taken under this section. Any appeal of a registration suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this act, the provision of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 14. The following shall be codified as Section
73-42-41, Mississippi Code of 1972:
73-42-41. Nothing contained in this act shall be interpreted or construed to limit, in any way, the right of Mississippi educational institutions to adopt and enforce their own policies, rules or regulations addressing athlete agent solicitations or interactions with the student-athletes attending their institutions.
SECTION 15. Section 73-42-1, Mississippi Code of 1972, is brought forward as follows:
73-42-1. This chapter may be cited as the "Uniform Athlete Agents Act."
SECTION 16. Section 73-42-5, Mississippi Code of 1972, is brought forward as follows:
73-42-5. (1) The Secretary of State shall administer this chapter.
(2) By engaging in the business of an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent to accept service of process in any civil action related to the individual's business as an athlete agent in this state.
(3) The Secretary of State may:
(a) Conduct public or private investigations within or outside of this state which he considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate any provision of this chapter or a rule adopted under this chapter, or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter;
(b) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as he may determine, as to all facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and
(c) Publish a record concerning an action, proceeding, or an investigation under, or a violation of, this chapter or a rule adopted under this chapter if he determines it is necessary or appropriate in the public interest.
(4) For the purpose of an investigation under this chapter, the Secretary of State or his designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the Secretary of State considers relevant or material to the investigation.
SECTION 17. Section 73-42-15, Mississippi Code of 1972, is brought forward as follows:
73-42-15. The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal is pending.
SECTION 18. Section 73-42-25, Mississippi Code of 1972, is brought forward as follows:
73-42-25. (1) An athlete agent shall retain the following records for a period of five (5) years:
(a) The name and address of each individual represented by the athlete agent;
(b) Any agency contract entered into by the athlete agent; and
(c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete.
(2) Records required by subsection (1) to be retained are open to inspection by the Secretary of State during normal business hours.
SECTION 19. Section 73-42-29, Mississippi Code of 1972, is brought forward as follows:
73-42-29. The commission of
any act prohibited by Section 73-42-27 by an athlete agent is a felony punishable
by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than two (2) years, or both.
SECTION 20. Section 73-42-35, Mississippi Code of 1972, is brought forward as follows:
73-42-35. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
SECTION 21. Section 73-42-37, Mississippi Code of 1972, is brought forward as follows:
73-42-37. The provisions of this chapter modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 USCS Section 7001, et seq., except that those provisions do not modify, limit, or supersede Section 101(c) of that act, 15 USCS Section 7001(c), and do not authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 USCS Section 7003(b).
SECTION 22. Section 73-42-39, Mississippi Code of 1972, is brought forward as follows:
73-42-39. The Secretary of State may promulgate rules and regulations necessary to administer, carry out and enforce this chapter and to define terms whether or not used in this chapter, but those definitions may not be inconsistent with this chapter.
SECTION 23. Section 37-97-101, Mississippi Code of 1972, is brought forward as follows:
37-97-101. This article shall be known and may be cited as the "Mississippi Intercollegiate Athletics Compensation Rights Act."
SECTION 24. Section 37-97-103, Mississippi Code of 1972, is brought forward as follows:
37-97-103. (1) As used in this article, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(a) "Compensation" means anything of value, monetary or otherwise, including, but not limited to, cash, gifts, in-kind items of value, social media compensation, payments for licensing or use of publicity rights, payments for other intellectual or intangible property rights under federal or state law, and any other form of payment or remuneration, except as excluded under this article.
For the purposes of this article, "compensation" shall not mean or include the following:
(i) Tuition, room, board, books, fees and personal expenses that a postsecondary educational institution provides a student-athlete in accordance with the rules of the athletic association or conference of which the postsecondary educational institution is a member;
(ii) Federal Pell Grants and other state and federal grants or scholarships unrelated to, and not awarded because of a student-athlete's participation in intercollegiate athletics or sports competition;
(iii) Any other financial aid, benefits or awards that a postsecondary educational institution provides a student-athlete in accordance with the rules of the athletic association or conference of which the postsecondary educational institution is a member; or
(iv) The payment of wages and benefits to a student-athlete for work actually performed (but not for athletic ability or participation in intercollegiate athletics) at a rate commensurate with the prevailing rate for similar work in the locality of the student-athlete's postsecondary educational institution.
(b) "Image" means a picture of the student-athlete.
(c) "Intercollegiate athletics program" means an intercollegiate athletics program played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.
(d) "Likeness" means a physical, digital or other depiction or representation of a student-athlete.
(e) "Name" means the first or last name, or the nickname, of a student-athlete when used in a context that reasonably identifies the student-athlete with particularity.
(f) "Name, Image and Likeness Agreement" means a contract or similar arrangement between a student-athlete and a third-party licensee regarding the commercial use of the name, image or likeness of the student-athlete.
(g) "Publicity right" means any right that is:
(i) Licensed under a name, image, and likeness agreement; or
(ii) Recognized under a federal or state law that permits an individual to control and profit from the commercial use of the name, image or likeness of the individual.
(h) "Postsecondary educational institution" means a public university or community college or private university or college.
(i) "Social media compensation" means all forms of payment for engagement on social media received by a student-athlete as a result of the use of that student-athlete's name, image or likeness.
(j) "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, intercollegiate athletics program at a postsecondary educational institution. 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.
(k) "Third-party licensee" means any individual or entity that licenses publicity rights or the use of name, image or likeness from any prospective or current student-athlete or group of student-athletes. The term "third-party licensee" shall not include any national association for the promotion or regulation of collegiate athletics, athletics conference, or postsecondary educational institution.
SECTION 25. Section 37-97-105, Mississippi Code of 1972, is brought forward as follows:
37-97-105. (1) Except as provided in Section 37-97-107, a student-athlete may:
(a) Earn compensation, commensurate with market value, for the use of the name, image, or likeness of the student-athlete while enrolled at a postsecondary educational institution; and
(b) Obtain and retain a certified agent for any matter or activity relating to such compensation.
(2) No student-athlete may earn compensation in exchange for the student-athlete's athletic ability or participation in intercollegiate athletics or sports competition.
(3) Notwithstanding any other provision of applicable law or agreement to the contrary, a student-athlete shall not be deemed an employee or independent contractor of an association, a conference, or a postsecondary educational institution based on the student-athlete's participation in an intercollegiate athletics program.
SECTION 26. Section 37-97-107, Mississippi Code of 1972, is brought forward as follows:
37-97-107. (1) Except as provided for under this article, a postsecondary educational institution shall not uphold any contract, rule, regulation, standard or other requirement that prevents a student-athlete of that institution from earning compensation as a result of the use of the student's name, image, or likeness. Any such contract, rule, regulation standard or other requirement shall be void and unenforceable against the postsecondary educational institution or the student-athlete. Compensation from the use of a student-athlete's name, image, or likeness may not affect the student-athlete's scholarship eligibility, grant-in-aid or other financial aid, awards or benefits, or the student-athlete's intercollegiate athletic eligibility. Nothing in this article is intended to alter any state and federal laws or regulations regarding the award of financial aid at postsecondary educational institutions.
(2) Except as provided for in this article, an athletic association, conference or other group or organization with authority over intercollegiate athletic programs, including, but not limited to, the National Collegiate Athletic Association (NCAA) and the National Junior College Athletic Association (NJCAA), shall not prevent, or otherwise enforce a contract, rule, regulation, standard or other requirement that prevents, a student-athlete of a postsecondary educational institution from earning compensation as a result of the use of the student-athlete's name, image or likeness.
(3) To protect the integrity of its educational mission and intercollegiate athletics program, a postsecondary educational institution may impose reasonable limitations on the dates and time that a student-athlete may participate in endorsement, promotional, social media or other activities related to the license or use of the student-athlete's name, image and likeness. Nothing in this article shall restrict a postsecondary educational institution from exercising its sole discretion to control the authorized use of its marks or logos or to determine a student-athlete's apparel, gear or other wearables during an intercollegiate athletics competition or institution-sponsored event. A student-athlete may not receive or enter into a contract for compensation for the use of his or her name, image or likeness in a way that also uses any registered or licensed marks, logos, verbiage or designs of a postsecondary institution, unless the institution has provided the student-athlete with written permission to do so prior to execution of the contract or receipt of compensation. If permission is granted, the postsecondary educational institution, by agreement of all parties, may be compensated for the use in a manner consistent with market rates. A postsecondary educational institution may also prohibit a student-athlete from wearing any item of clothing, shoes, or other gear or wearables with the name, logo or insignia of any entity during an intercollegiate athletics competition or institution-sponsored event.
(4) An athletic association, conference or other group or organization with authority over intercollegiate athletics programs, including, but not limited to, the National Collegiate Athletic Association and the National Junior College Athletic Association, shall not enforce a contract, rule, regulation, standard or other requirement that prevents a postsecondary educational institution from participating in an intercollegiate athletics program as a result of the compensation of a student-athlete for the use of the student-athlete's name, image or likeness.
(5) A postsecondary educational institution, athletic association, conference or other group or organization with authority over intercollegiate athletics programs, including, but not limited to, the National Collegiate Athletic Association and the National Junior College Athletic Association, shall not, directly or indirectly:
(a) Enter into, or offer to enter into, a name, image and likeness agreement with a prospective or current student-athlete; or
(b) Provide a prospective or current student-athlete or the student-athlete's family compensation in relation to the use of the student-athlete's name, image or likeness.
(6) A postsecondary educational institution, athletic association, conference or other group or organization with authority over intercollegiate athletics programs, including, but not limited to, the National Collegiate Athletic Association and the National Junior College Athletic Association shall not prevent a student-athlete from obtaining professional representation in relation to name, image or likeness, or to secure a name, image and likeness agreement, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys. A student-athlete shall provide the postsecondary educational institution with written notice at least seven (7) days prior to entering into a representation agreement with any individual for the purpose of exploring or securing compensation for use of the student-athlete's name, image or likeness.
(7) Professional representation obtained by student-athletes must be from persons registered as athlete agents as provided in Section 73-42-1 et seq. of the Uniform Athlete Agent Act. Attorneys who provide legal representation to student-athletes must be licensed to practice law in the State of Mississippi and in good standing with The Mississippi Bar.
(8) Athlete agents representing student-athletes shall comply with the Uniform Athlete Agents Act, Section 73-42-1 et seq., Mississippi Code of 1972, and the federal Sports Agent Responsibility and Trust Act in 15 USC Sections 7801-7807 in their relationships with student-athletes.
(9) A grant-in-aid, including cost of attendance, and other permissible financial aid, awards or benefits from the postsecondary educational institution in which a student-athlete is enrolled shall not be revoked, reduced, nor the terms and conditions altered, as a result of a student-athlete earning compensation or obtaining professional or legal representation pursuant to this article.
(10) Before any contract for compensation for the use of a student-athlete's name, image or likeness is executed, and before any compensation is provided to the student-athlete in advance of a contract, the student-athlete shall disclose the contract to a designated official of the postsecondary educational institution in which the student is enrolled in a manner prescribed by the institution.
(11) A third-party licensee may not enter into, or offer to enter into, a name, image and likeness agreement with a student-athlete or otherwise compensate a student-athlete for the use of the student-athlete's name, image and likeness rights if a provision of the name, image and likeness agreement or the use of the student-athlete's name, image and likeness rights conflicts with a provision of a contract, rule, regulation, standard or other requirement of the postsecondary educational institution unless such contract or use is expressly approved in writing by the postsecondary educational institution.
(12) No postsecondary educational institution, booster, third-party licensee or any other individual or entity shall provide a prospective or current student-athlete compensation or enter into a name, image and likeness agreement as an inducement for the student-athlete to attend or enroll in a specific institution or group of institutions. Compensation for a student-athlete's name, image, or likeness may not be conditioned on athletic performance or attendance at a particular postsecondary educational institution.
(13) No student-athlete shall enter into a name, image, and likeness agreement or receive compensation from a third-party licensee relating to the name, image or likeness of the student-athlete before the date on which the student-athlete enrolls at a postsecondary educational institution.
(14) No student-athlete shall enter into a name, image, and likeness agreement or receive compensation from a third-party licensee for the endorsement or promotion of gambling, sports betting, controlled substances, marijuana, tobacco or alcohol company, brand or products, alternative or electronic nicotine product or delivery system, performance-enhancing supplements, adult entertainment or any other product or service that is reasonably considered to be inconsistent with the values or mission of a postsecondary educational institution or that negatively impacts or reflects adversely on a postsecondary education institution or its athletic programs, including, without limitation, bringing about public disrepute, embarrassment, scandal, ridicule or otherwise negatively impacting the reputation or the moral or ethical standards of the postsecondary educational institution.
(15) A contract for the use of the a student-athlete's name, image, or likeness which is formed while the student-athlete is participating in an intercollegiate sport at a postsecondary educational institution may not extend beyond the student-athlete's participation in the sport at the institution.
(16) Nothing in this article shall be interpreted to modify any requirements or obligations imposed under Title IX of the Education Amendments of 1972 (20 USC 1681 et seq.).
SECTION 27. Section 37-97-109, Mississippi Code of 1972, is brought forward as follows:
37-97-109. No postsecondary educational institution shall be subject to a claim for damages of any kind under this article, including, without limitation, a claim for unfair trade or competition or tortious interference. No postsecondary educational institution shall be subject to a claim for damages related to its adoption, implementation or enforcement of any contract, rule, regulation, standard or other requirement in compliance with this article. This article is not intended to and shall not waive or diminish any applicable defenses and immunities, including, without limitation, sovereign immunity applicable to postsecondary educational institutions.
SECTION 28. This act shall take effect and be in force from and after July 1, 2022.