Mississippi HB 880: Collegiate athletics; authorize student athletes to receive compensation and have legal representation.

Bill Text

HB 880 (As Introduced) - 2020 Regular Session 

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Universities and Colleges; Judiciary A

By: Representative Harness

House Bill 880

AN ACT TO ESTABLISH THE STUDENT ATHLETE BILL OF RIGHTS; TO 
CREATE A MISSISSIPPI BASED NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION WORKING 
GROUP TO STUDY THE MISSISSIPPI ASSOCIATION OF COMMUNITY AND JUNIOR COLLEGES 
BYLAWS, NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION'S BYLAWS, AND ANY STATE 
AND FEDERAL LAWS OR REGULATIONS REGARDING A COMMUNITY COLLEGE ATHLETE'S USE OF 
THE ATHLETE'S NAME, IMAGE AND LIKENESS FOR COMPENSATION; TO AUTHORIZE 
POSTSECONDARY EDUCATIONAL INSTITUTIONS TO ESTABLISH A DEGREE COMPLETION FUND; 
TO REQUIRE POSTSECONDARY EDUCATIONAL INSTITUTIONS TO PREPARE NOTICES DETAILING 
SPECIFIED RIGHTS OF STUDENT ATHLETES AND CONTACT INFORMATION FOR FILING 
COMPLAINTS UNDER THE STUDENT ATHLETE BILL OF RIGHTS; TO PROHIBIT POSTSECONDARY 
EDUCATIONAL INSTITUTIONS FROM INTENTIONALLY RETALIATING AGAINST A STUDENT 
ATHLETE; TO PROHIBIT POSTSECONDARY EDUCATIONAL INSTITUTIONS, EXCEPT COMMUNITY 
OR JUNIOR COLLEGES, FROM PROVIDING A PROSPECTIVE INTERCOLLEGIATE STUDENT 
ATHLETE WITH COMPENSATION IN RELATION TO THE ATHLETE'S NAME, IMAGE OR LIKENESS, 
OR PREVENTING A STUDENT PARTICIPATING IN INTERCOLLEGIATE ATHLETICS FROM EARNING 
COMPENSATION AS A RESULT OF THE USE OF THE STUDENT'S NAME, IMAGE OR LIKENESS OR 
OBTAINING PROFESSIONAL REPRESENTATION RELATING TO THE STUDENT'S PARTICIPATION 
IN INTERCOLLEGIATE ATHLETICS; TO PROHIBIT AN ATHLETIC ASSOCIATION, CONFERENCE 
OR OTHER GROUP OR ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS 
FROM PREVENTING A POSTSECONDARY EDUCATIONAL INSTITUTION, OTHER THAN A COMMUNITY 
OR JUNIOR COLLEGE, FROM PARTICIPATING IN INTERCOLLEGIATE ATHLETICS AS A RESULT 
OF THE COMPENSATION OF A STUDENT ATHLETE FOR THE USE OF THE STUDENT'S NAME, 
IMAGE OR LIKENESS; TO REQUIRE PROFESSIONAL REPRESENTATION OBTAINED BY STUDENT 
ATHLETES TO BE� LICENSED BY THE STATE OF MISSISSIPPI; TO REQUIRE ATHLETIC 
AGENTS TO COMPLY WITH FEDERAL LAW IN THEIR RELATIONSHIPS WITH STUDENT ATHLETES; 
TO PROHIBIT THE REVOCATION OF A STUDENT'S SCHOLARSHIP AS A RESULT OF EARNING 
COMPENSATION OR OBTAINING LEGAL REPRESENTATION AS AUTHORIZED UNDER THESE 
PROVISIONS; TO PROHIBIT A STUDENT ATHLETE FROM ENTERING INTO A CONTRACT 
PROVIDING COMPENSATION TO THE ATHLETE FOR USE OF THE ATHLETE'S NAME, IMAGE OR 
LIKENESS IF A PROVISION OF THE CONTRACT IS IN CONFLICT WITH A PROVISION OF THE 
ATHLETE'S TEAM CONTRACT; TO PROHIBIT A TEAM CONTRACT FROM PREVENTING A STUDENT 
ATHLETE FROM USING THE ATHLETE'S NAME, IMAGE OR LIKENESS FOR A COMMERCIAL 
PURPOSE WHEN THE ATHLETE IS NOT ENGAGED IN OFFICIAL TEAM ACTIVITIES; AND FOR 
RELATED PURPOSES.

���� BE IT ENACTED BY THE 
LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 1.� 
(1)� It is the intent of the Legislature to monitor the National Collegiate 
Athletic Association (NCAA) Working Group created in May 2019 to examine issues 
relating to the use of a student's name, image, and likeness and revisit this 
issue to implement significant findings and recommendations of the NCAA working 
group in furtherance of the statutory changes proposed by this act.

���� (2)� It is the intent of the 
Legislature to continue to develop policies to ensure that appropriate 
protections are in place to avoid exploitation of student athletes, colleges 
and universities.

���� (3)� The Legislature finds 
and declares that Mississippi's community colleges are two-year institutions 
not governed by the National Collegiate Athletic Association.� In 
acknowledgment of this, it is the intent of the Legislature to create a 
Mississippi-based National Junior College Athletic Association Working Group to 
study the Mississippi Association of Community and Junior Colleges bylaws, 
National Junior College Athletic Association's bylaws, and any state and 
federal laws or regulations regarding a community college athlete's use of the 
athlete's name, image and likeness for compensation and report policy 
recommendations to the Legislature and the Mississippi Community College Board.

���� SECTION 2.� As 
used in this act, the following terms shall the meanings ascribed in this 
section, unless context of use clearly requires otherwise:

��������� (a)� "Athletic 
association" means any organization that is responsible for governing 
intercollegiate athletic programs.

��������� (b)� "Athletic 
program" means an intercollegiate athletic program at any postsecondary 
educational institution within the meaning of subdivision (d).

��������� (c)� "Graduation 
success rate" means the percentage of student athletes who graduate from 
postsecondary educational institution within six (6) years of initial 
enrollment at the institution, excluding outgoing transfers in good academic 
standing with athletic eligibility remaining, and including incoming 
transfers.� The rate is to be calculated by combining the rates of the four (