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H. B. No. 1400 *HR26/R1567* ~ OFFICIAL ~ G1/2
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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Harness
HOUSE BILL NO. 1400
AN ACT TO CREATE THE MISSISSIPPI HIGH SCHOOL STUDENT-ATHLETE 1
NIL PROTECTION ACT; TO DEFINE CERTAIN TERMS; TO AUTHORIZE ANY 2
STUDENT-ATHLETE TO EARN COMPENSATION FOR USE OF HIS OR HER NAME, 3
IMAGE AND LIKENESS (NIL) UNDER CERTAIN CONDITIONS; TO PROVIDE THAT 4
ANY NIL CONTRACT EXECUTED WITHOUT PARENTAL OR GUARDIAN CONSENT 5
SHALL BE VOID AND UNENFORCEABLE, IF SUCH CONTRACT WAS EXECUTED BY 6
THE STUDENT-ATHLETE WHEN HE OR SHE WAS UNDER THE AGE OF 18; TO 7
PROVIDE THAT IF NIL COMPENSATION THAT IS PAID TO A STUDENT-ATHLETE 8
IS $10,000 OR LESS DURING A CALENDAR YEAR, THEN SUCH COMPENSATION 9
MAY BE PAID DIRECTLY TO THE STUDENT-ATHLETE OR HIS OR HER PARENT 10
OR LEGAL GUARDIAN; TO PROVIDE THAT IF NIL COMPENSATION THAT IS 11
PAID TO A STUDENT-ATHLETE EXCEEDS $10,000 DURING A CALENDAR YEAR, 12
THEN SUCH COMPENSATION OVER THE $10,000 AMOUNT SHALL BE DEPOSITED 13
INTO A RESTRICTED TRUST ACCOUNT, WHICH IS ESTABLISHED FOR THE 14
BENEFIT OF THE HIGHSCHOOL STUDENT-ATHLETES; TO PROVIDE THE 15
CONDITIONS WHEN THE FUNDS OF SUCH TRUST ACCOUNT SHALL BE RELEASED 16
TO SUCH STUDENT-ATHLETES; TO BRING FORWARD SECTION 93-19-17, 17
MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO STUDENT-ATHLETES 18
EIGHTEEN YEARS OF AGE OR OLDER HAVING THE CAPACITY TO ENTER INTO 19
CERTAIN LEGALLY BINDING CONTRACTS, FOR PURPOSES OF POSSIBLE 20
AMENDMENT; AND FOR RELATED PURPOSES. 21
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 22
SECTION 1. This act shall be known and may be cited as the 23
"Mississippi High School Student-Athlete NIL Protection Act". 24
SECTION 2. As used in this act, the following terms shall 25
have the following meanings unless the context clearly indicates 26
otherwise: 27
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(a) "Student-athlete" means an individual enrolled in a 28
public or nonpublic high school in Mississippi who participates in 29
interscholastic athletics. 30
(b) "Name, Image, and Likeness (NIL)" means a 31
student-athlete's personal identifying attributes, including name, 32
photograph, image, likeness, voice, or personal brand. 33
(c) "NIL contract" means an agreement under which a 34
student-athlete receives compensation for use of NIL. 35
(d) "Association" means the Mississippi High School 36
Activities Association (MHSAA). 37
SECTION 3. (1) A student-athlete may earn compensation for 38
the use of his or her name, image, and likeness, provided that: 39
(a) The compensation is not contingent upon athletic 40
performance, statistics or participation; 41
(b) The compensation is not offered as an inducement to 42
enroll in or transfer to a particular school; and 43
(c) The compensation does not conflict with existing 44
Mississippi law. 45
(2) Nothing in this act shall be construed to permit pay for 46
play. 47
SECTION 4. (1) This act shall not modify, alter, suspend, 48
or invalidate any existing student transfer rules, eligibility 49
requirements, or residency requirements applicable to 50
interscholastic athletics in Mississippi. 51
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(2) Participation in NIL activities shall not, by itself, 52
create eligibility, prevent eligibility, or serve as a basis for 53
transfer approval or denial. 54
SECTION 5. (1) Any NIL contract entered into by a 55
student-athlete shall be: 56
(a) Reduced to writing; 57
(b) Signed by the student-athlete; and 58
(c) Signed by the student-athlete's parent or legal 59
guardian. 60
(2) Except for a student-athlete who has attained the age of 61
18, any NIL contract executed without parental or guardian consent 62
shall be void and unenforceable. 63
SECTION 6. (1) If total NIL compensation paid to a 64
student-athlete during a calendar year is Ten Thousand Dollars 65
($10,000.00) or less, such compensation may be paid directly to 66
the student-athlete or the parent or legal guardian. 67
(2) If total NIL compensation exceeds Ten Thousand Dollars 68
($10,000.00) during a calendar year: 69
(a) All amounts in excess of Ten Thousand Dollars 70
($10,000.00) shall be deposited into a restricted trust account 71
established for the benefit of the student-athlete; 72
(b) The trust shall be administered in a manner 73
consistent with Mississippi minor settlement principles, except as 74
modified by this act; 75
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(c) Funds held in trust shall not be released until the 76
student-athlete graduates from high school or attains the age of 77
eighteen (18), whichever occurs first. 78
(3) The trust account shall: 79
(a) Be established by the parent or legal guardian; 80
(b) Prohibit withdrawals except by court order or as 81
provided herein; and 82
(c) Be subject to judicial supervision upon petition if 83
necessary. 84
SECTION 7. (1) A copy of any NIL contract shall be 85
disclosed to the Mississippi High School Activities Association 86
within a reasonable time after execution. 87
(2) The association shall have no administrative, 88
investigative, enforcement, or regulatory duties related to NIL 89
compensation under this act. 90
(3) Disclosure is for informational purposes only and shall 91
not constitute approval, denial, or oversight by the association. 92
SECTION 8. (1) Any rule, policy, or regulation of the 93
Mississippi High School Activities Association that conflicts with 94
this act is hereby superseded and preempted to the extent of such 95
conflict. 96
(2) The association shall not declare a student-athlete 97
ineligible solely for participation in NIL activities authorized 98
by this act. 99
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SECTION 9. (1) No school, school district, coach, or school 100
employee shall: 101
(a) Arrange, negotiate, or secure NIL contracts on 102
behalf of a student-athlete; or 103
(b) Receive compensation in connection with a 104
student-athlete's NIL activities. 105
(2) Nothing in this section shall prohibit general financial 106
literacy education. 107
SECTION 10. (1) Any dispute arising under an NIL contract 108
shall be resolved exclusively in the courts of the State of 109
Mississippi. 110
(2) The Mississippi High School Activities Association shall 111
have no role in adjudicating disputes related to NIL contracts. 112
SECTION 11. This act shall be liberally construed to protect 113
student-athletes, preserve competitive balance, and prevent 114
exploitation of minors. 115
SECTION 12. Section 93-19-17, Mississippi Code of 1972, is 116
brought forward as follows: 117
93-19-17. (1) All persons eighteen (18) years of age or 118
older, if not otherwise disqualified, or prohibited by law, shall 119
have the capacity to enter into binding contractual relationships 120
affecting the use of their publicity rights while participating in 121
intercollegiate sports as student-athletes in accordance with the 122
Mississippi Intercollegiate Athletics Compensation and Publicity 123
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ST: "Mississippi High School Student-Athlete
NIL Protection Act"; enact.
Rights Act. Nothing in this section shall be construed to affect 124
any contracts entered into prior to July 1, 2021. 125
(2) In any legal action founded on a student-athlete 126
publicity rights contract entered into by a person eighteen (18) 127
years of age or older, the person may sue in his or her own name 128
as an adult and be sued in his or her own name as an adult and be 129
served with process as an adult. 130
(3) For purposes of this section: 131
(a) "Intercollegiate athletics program" means an 132
intercollegiate athletics sport played at the collegiate level for 133
which eligibility requirements for participation by a 134
student-athlete are established by a national association, 135
conference or any other group or organization with authority over 136
the sport, that promotes or regulates collegiate athletics. 137
(b) "Student-athlete" means an individual who is 138
enrolled in or has signed a National Letter of Intent or other 139
written agreement to enroll in a postsecondary educational 140
institution or is being recruited by a postsecondary educational 141
institution to participate in an intercollegiate athletics 142
program. If an individual is permanently ineligible to 143
participate in a particular intercollegiate sport, the individual 144
is not a student-athlete for purposes of that sport. 145
SECTION 13. This act shall take effect and be in force from 146
and after July 1, 2026. 147