Missouri Revised Statutes
Chapter 173 - Department of Higher Education and Workforce Development
Section 173.280 - Compensation of student athletes permitted, when — grant-in-aid or stipend eligibility not impacted, when — financial development program, purpose — civil action, when — applicability.

Effective - 28 Aug 2022, 2 histories
173.280. Compensation of student athletes permitted, when — grant-in-aid or stipend eligibility not impacted, when — financial development program, purpose — civil action, when — applicability. — 1. As used in this section, the following terms mean:
(1) "Postsecondary educational institution", any campus of a public or private institution of higher education in this state that is subject to the coordinating board for higher education under section 173.005;
(2) "Student athlete", an individual who participates or has participated in an intercollegiate sport for a postsecondary educational institution. Student athlete shall not be construed to apply to an individual's participation in a college intramural sport or in a professional sport outside of intercollegiate athletics;
(3) "Third party", any individual or entity, including any athlete agent, other than a postsecondary educational institution, athletic conference, or athletic association.
2. (1) No postsecondary educational institution shall uphold any rule, requirement, standard, or other limitation that prevents a student of that institution from fully participating in intercollegiate athletics without penalty and earning compensation as a result of the use of the student's name, image, likeness rights, or athletic reputation. A student athlete earning compensation from the use of a student's name, image, likeness rights, or athletic reputation shall not affect such student athlete's grant-in-aid or stipend eligibility, amount, duration, or renewal.
(2) No postsecondary educational institution shall interfere with or prevent a student from fully participating in intercollegiate athletics or obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents, financial advisors, or legal representation provided by attorneys.
3. A grant-in-aid or stipend from the postsecondary educational institution in which a student is enrolled shall not be construed to be compensation for use of the student's name, image, likeness rights, or athletic reputation for purposes of this section, and no grant-in-aid or stipend shall be revoked or reduced as a result of a student earning compensation under this section.
4. (1) No student athlete shall enter into an apparel, equipment, or beverage contract providing compensation to the athlete for use of the athlete's name, image, likeness rights, or athletic reputation if the contract requires the athlete to display a sponsor's apparel, equipment, or beverage or otherwise advertise for the sponsor during official team activities if such provisions are in conflict with a provision of the postsecondary institution's current licenses or contracts.
(2) (a) Except with the prior written consent of the student athlete's postsecondary educational institution, a student athlete shall not enter into a contract for compensation for the use of such student athlete's name, image, likeness rights, or athletic reputation, if such institution determines that a term of the contract conflicts with a term of a contract to which such institution is a party.
(b) A postsecondary educational institution or any officer, director, or employee of such institution, including but not limited to a coach, member of the coaching staff, or any individual associated with the institutions athletic department, may identify or otherwise assist with opportunities for a student athlete to earn compensation from a third party for the use of the student athlete's name, image, likeness rights, or athletic reputation, provided that such individual shall not:
a. Serve as the athlete's agent;
b. Receive compensation from the student athlete or a third party for facilitating or enabling such opportunities;
c. Attempt to influence an athlete's choice of professional representation related to such opportunities;
d. Attempt to reduce such athlete's opportunities from competing third parties; or
e. Be present at any meeting between a student athlete and a third party who provides for a student athlete's compensation, where the student athlete's name, image, likeness rights, or athletic reputation contract for compensation is negotiated or completed.
(3) Before any contract for compensation for the use of a student athlete's name, image, likeness rights, or athletic reputation is executed, and before any compensation is provided to the student athlete in advance of a contract, the student athlete shall disclose that contract to his or her postsecondary educational institution in a manner prescribed by such institution.
(4) A postsecondary educational institution or any officer, director, or employee of such institution or entity shall not compensate a student athlete, prospective student athlete, or the family of such individuals, or cause compensation to be directed to a prospective student athlete, or the family of a student athlete or the family of a prospective student athlete, for the use of such student athlete or prospective student athlete's name, image, likeness rights, or athletic reputation.
5. No contract of a postsecondary educational institution's athletic program shall prevent a student athlete from receiving compensation for using the student athlete's name, image, likeness rights, or athletic reputation for a commercial purpose when the athlete is not engaged in official mandatory team activities that are recorded in writing and can be made publicly available upon request.
6. (1) Postsecondary educational institutions that enter into commercial agreements that directly or indirectly require the use of a student athlete's name, image, likeness, or athletic reputation shall conduct a financial development program once per year for their athletes.
(2) The financial development program shall not include any marketing, advertising, referral, or solicitation by providers of financial products or services. Such program shall, at a minimum, include information concerning financial aid, debt management, and a recommended budget for student athletes based on the current year's cost of attendance. The workshop shall also include information on time management skills necessary for success as a student athlete and available academic resources.
(3) Postsecondary educational institutions shall help distribute informational materials for such programs as needed.
(4) Postsecondary educational institutions shall inform their athletes of such program meetings and provide appropriate meeting space.
7. Student athlete representation shall be by attorneys or agents licensed by this state.
8. (1) Any student athlete may bring a civil action against third parties that violate this section for appropriate injunctive relief or actual damages, or both. Such action shall be brought in the county where the violation occurred, or is about to occur, and the court shall award damages and court costs to a prevailing plaintiff.
(2) Student athletes bringing an action under this section shall not be deprived of any protections provided under law with respect to a controversy that arises and shall have the right to adjudicate claims that arise under this section.
9. No legal settlement shall conflict with the provisions of this section.
10. This section shall apply only to agreements or contracts entered into, modified, or renewed on or after August 28, 2021. Such agreements or contracts include, but are not limited to, the national letter of intent, an athlete's financial aid agreement, commercial contracts in the athlete group licensing market, and athletic conference or athletic association rules or bylaws.
­­--------
(L. 2021 H.B. 297, A.L. 2022 S.B. 718)

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XI - Education and Libraries

Chapter 173 - Department of Higher Education and Workforce Development

Section 173.003 - Retirement and severance policies, uniformity requirement.

Section 173.005 - Department of higher education created — agencies, divisions, transferred to department — coordinating board, appointment qualifications, terms, compensation, duties, advisory committee, members.

Section 173.007 - Commissioner of education, appointment by board — compensation — powers — duties.

Section 173.020 - Responsibilities of the coordinating board.

Section 173.030 - Additional responsibilities.

Section 173.035 - Resources, website directing students to — rulemaking authority.

Section 173.040 - Reports to governor and general assembly, contents.

Section 173.050 - Powers of coordinating board.

Section 173.051 - Independent colleges and universities may provide programs or research, requirements — public colleges or universities development of new programs, duties.

Section 173.081 - Rules and regulations, promulgation procedure.

Section 173.091 - Senior citizens' tuition exemption, qualifications, limitations, fee.

Section 173.093 - Limitations on awards of financial assistance.

Section 173.095 - Declaration of policy.

Section 173.100 - Definitions.

Section 173.105 - Board and department duties — required federal reports, submitted to whom.

Section 173.110 - Department may guarantee student loans — subrogation — charges for guarantee — lender of last resort loans, origination — amount guaranteed, limit.

Section 173.115 - Defaulted loans — wage withholding orders, issued when, maximum amount, effect — statement of claim, rights of borrower — hearing, procedure, order to pay debt, judicial review — employer duties, liabilities, immune, when — discharg...

Section 173.120 - State guaranty student loan fund established — purpose — no transfers from fund, exception — appropriations not to lapse.

Section 173.125 - Dispute resolution requirements.

Section 173.130 - Funds not currently needed may be invested, how.

Section 173.141 - Authorized actions of the board.

Section 173.150 - Recovery of loans.

Section 173.160 - Standards of eligibility for loans.

Section 173.170 - Standards of eligibility of loan agreements — discrimination prohibited.

Section 173.180 - Filing of regulations.

Section 173.186 - Guarantors of student loans, eligibility requirements.

Section 173.187 - Lender of last resort revolving fund, established, administration.

Section 173.196 - Business firm may make donation to higher education scholarship donation fund, tax credit — amount of credit, limitations, carry-over, transfer — use of fund — tax credits prohibited, when.

Section 173.232 - Urban flight and rural needs scholarship program established — eligible student defined — teaching requirements for recipients — fund established.

Section 173.234 - Definitions — grants to be awarded, when, duration — duties of the board — rulemaking authority — eligibility criteria.

Section 173.236 - Survivors of Vietnam veterans scholarship program — eligibility — coordinating board, powers and duties — amount — transfer, withdrawal — expiration date.

Section 173.239 - National Guard member educational assistance grant, qualifications — limits — administration.

Section 173.240 - Program established — fund created — purpose — administration — rulemaking authority — advisory committee created, members, duties.

Section 173.242 - Recipient of scholarship may postpone college for two semesters to participate in the National Guard without losing eligibility, requirements.

Section 173.250 - Higher education academic scholarship program, definitions, board to administer — requirements, amounts — transfer, withdrawal, illness or disability of student.

Section 173.252 - Interest, guaranty student loan fund, use of.

Section 173.254 - Kids' chance scholarship program, created, administration, eligibility, limits, rules.

Section 173.256 - Kids' chance scholarship — fund created, how terminated, lapse into general revenue prohibited.

Section 173.258 - Director to deposit funds in kids' chance scholarship fund, when.

Section 173.260 - Public service officers and employees disabled or killed in the line of duty, survivor's and disabled employee's educational grant program, requirements, limitations.

Section 173.262 - Competitiveness scholarship program (Marguerite Ross Barnett program), definition — duties of coordinating board — eligibility requirements — transfer or withdrawal, effect.

Section 173.264 - International economic development exchange program established — eligible students.

Section 173.265 - Advisory committee established — members, appointment, qualifications, terms — program funding.

Section 173.270 - Foster care or residential care students, waiver of tuition and fees, when.

Section 173.275 - Foreign gifts to institutions — disclosure to department, when, how, contents.

Section 173.280 - Compensation of student athletes permitted, when — grant-in-aid or stipend eligibility not impacted, when — financial development program, purpose — civil action, when — applicability.

Section 173.300 - Compact adopted.

Section 173.310 - Bylaws to be filed with secretary of state.

Section 173.320 - Selection of legislative members.

Section 173.330 - Commission members' expenses paid.

Section 173.350 - Citation of law.

Section 173.355 - Definitions.

Section 173.360 - Higher education loan authority, created — members, selection procedure, qualifications — terms — vacancy — removal procedure.

Section 173.365 - Quorum — affirmative vote requirement — meetings open to public — notice — expenses.

Section 173.370 - Organizational meeting — officers — secretary, appointment, duties, compensation, executive director, appointment, compensation.

Section 173.375 - Bond requirements for members of authority — filed where.

Section 173.380 - Conflict of interest, procedure to avoid.

Section 173.385 - Authority, powers and duties — distribution to Lewis and Clark discovery fund, amount — immunity from liability, when.

Section 173.386 - Assets may not be used for payment of debt.

Section 173.387 - Authority may be originator of guaranteed student loan, conditions.

Section 173.390 - Bond issues — types authorized — rates — option to call for redemption before maturity, requirements — sale — price — cost.

Section 173.392 - Lewis and Clark discovery fund created, use of moneys — annual appropriations, purposes.

Section 173.393 - Misuse of moneys by recipient becomes liability, repayment of moneys.

Section 173.395 - Issuance of more than one series of bonds, requirements — refunding authorized.

Section 173.400 - Bonds construed to be negotiable instruments.

Section 173.405 - Principal and interest, how secured — resolution or trust agreement, content — default, remedies.

Section 173.410 - State or political subdivision not liable, statement on face of bond required.

Section 173.415 - Tax exemptions, income and property of authority — bonds exempt from certain provisions.

Section 173.420 - Authority may borrow for expenses — loans to be repaid — powers of authority, how construed.

Section 173.425 - Assets not part of revenue — exclusive control of authority — student loan notes not public property.

Section 173.435 - Institutions and fiduciaries may invest in bonds.

Section 173.440 - Tax exemptions, bonds — exception.

Section 173.445 - Authority assigned to department of higher education — reports required.

Section 173.475 - No discrimination in hiring based on lack of a graduate degree, when.

Section 173.480 - Higher education capital fund created, use of moneys.

Section 173.600 - Definitions.

Section 173.602 - Certificate of approval required to offer courses for sale or solicit students.

Section 173.604 - Minimum standards for certification of proprietary school — out-of-state applicants.

Section 173.606 - Application for certification, contents — investigation of applicant — certificates nontransferable — temporary certificate — right of appeal if certificate denied.

Section 173.608 - Fee for certificate — disposition — additional fees authorized, when — fund created, purpose.

Section 173.610 - Tuition — obligation or instrument of payment subject to defenses and setoffs — exceptions.

Section 173.612 - Coordinating board for higher education to administer law — powers and duties — rules and regulations, suspension and reinstatement.

Section 173.614 - Advisory committee — appointment, qualifications, terms — powers and duties — expenses.

Section 173.616 - Schools and courses that are exempt from sections 173.600 to 173.618.

Section 173.618 - Unlawful practices — injunction, board action — penalty.

Section 173.619 - Rules, promulgation.

Section 173.670 - Initiative established, purpose, matching grants — fund created, use of moneys — authorized programs.

Section 173.675 - Information technology certification through technical course work, program to be developed, components — rulemaking authority.

Section 173.680 - Study on most frequent IT certifications requested by employers — report.

Section 173.700 - Midwestern higher education compact.

Section 173.705 - Midwestern higher education commission — members.

Section 173.708 - Membership of commission — terms — vacancies.

Section 173.730 - International student exchanges — matching funds.

Section 173.735 - Institutions of higher education, conflict of interest policy.

Section 173.750 - Annual reporting of performance of graduates, furnishing of report — procedure — data included — review of policies.

Section 173.754 - Unlawful use false or misleading degree, when — violation, penalty.

Section 173.775 - Citation — fund created.

Section 173.778 - Definitions.

Section 173.781 - High demand occupations and areas, board's duties.

Section 173.784 - Limitations on participation.

Section 173.787 - Loan forgiveness, when.

Section 173.790 - Contract for participation, terms and conditions.

Section 173.793 - Not a guarantee of admission, attendance, or graduation.

Section 173.796 - Tax credit for donations to fund — tax credits prohibited, when.

Section 173.831 - Workforce diploma program — definitions — program providers, qualifications, approval, payment of providers — report, contents — survey, contents — department review — fund created, use of moneys — rules — sunset provision.

Section 173.900 - Combat veteran defined — tuition limit for combat veterans, procedure — rulemaking authority.

Section 173.955 - Citation of law — definitions — information to be provided to faculty, when — use of financial aid for purchase of textbooks, when.

Section 173.1000 - Citation of law.

Section 173.1003 - Change in tuition rate to be reported to board — permissible percentage change, exceptions — definitions — differentiated tuition, notice to department, when.

Section 173.1004 - Rulemaking authority — board and department of economic development to provide information to colleges and universities.

Section 173.1006 - Performance measures to be utilized — board to evaluate every three years — report.

Section 173.1101 - Citation of law — references to program.

Section 173.1102 - Definitions.

Section 173.1103 - Board to administer program, duties of the board — fund created, use of moneys.

Section 173.1104 - Eligibility criteria for assistance — disqualification, when — allocation of assistance.

Section 173.1105 - Award amounts, minimums and maximums — adjustment in awards, when.

Section 173.1106 - Other financial assistance to be reported to board.

Section 173.1107 - Transfer of recipient, effect of.

Section 173.1108 - Inapplicability of sunset act.

Section 173.1110 - Unlawfully present students, no public benefits permitted — documentation of citizenship or lawful presence required — annual certification — definitions.

Section 173.1150 - Student resident status for separating military personnel, eligibility — rulemaking authority.

Section 173.1153 - In-state tuition — Missouri National Guard members and U.S. Armed Forces reservists deemed domiciled in this state — effect of — rulemaking authority.

Section 173.1155 - In-state tuition, dependents of military personnel assigned geographically within this state eligible for.

Section 173.1158 - Veterans, educational credits for courses that are part of military training or service — rulemaking authority.

Section 173.1200 - Policy to advise students and staff on available suicide prevention programs — posting on website — anonymous reporting — student ID cards to contain dialing code for Suicide and Crisis Lifeline.

Section 173.1205 - Ownership or membership interest in entities, not deemed governmental or quasi-governmental bodies, when.

Section 173.1350 - Grants authorized, amount, eligibility.

Section 173.1352 - Advanced placement exams, undergraduate course credit, when.

Section 173.1400 - Verification issued, when — form, information.

Section 173.1450 - Citation of law — regional accreditation, lack of, required disclosure — form — exemption.

Section 173.1540 - Institutions to submit annual budget request to department — increases in core funding, allocation model, requirements — report.

Section 173.1550 - Citation of law — expressive activities protected — outdoor areas deemed traditional public forums, reasonable restrictions — court action authorized, when.

Section 173.1592 - Food allergies and medical dietary issues, students not required to purchase meal plan or dine at on-campus facilities.

Section 173.2050 - Memorandum of understanding between institution and law enforcement agency, contents — rulemaking authority.

Section 173.2500 - Dual credit and dual enrollment providers — definitions — application procedure — rulemaking authority — fund created.

Section 173.2505 - Scholarship eligibility — amount of scholarship, limitation — fund created.

Section 173.2510 - On-time completion of degree programs, policies to be created to promote — report.

Section 173.2515 - Guided pathways to success — definitions — pilot program to be developed — grants, when, rules for procedure.

Section 173.2520 - Pilot program established — report.

Section 173.2530 - Report on compliance with standards for mental health services provided on campus.

Section 173.2553 - Grant established for postsecondary education — definitions — eligibility — implementation of program — sunset provision — fund created, use of moneys — rules.