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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Boyd
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2044
AN ACT TO AMEND SECTION 37-97-105, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE FOR CONFIDENTIALITY OF AGREEMENTS AND REMEDIES FOR 2
UNAUTHORIZED DISCLOSURE; TO AMEND SECTION 73-42-34, MISSISSIPPI 3
CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTIONS 37-97-101, 4
37-97-103, 37-97-107 AND 37-97-109, MISSISSIPPI CODE OF 1972, FOR 5
PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 37-97-105, Mississippi Code of 1972, is 8
amended as follows: 9
37-97-105. (1) A postsecondary educational institution 10
shall have the right to, directly or through an agreement with a 11
third party, share a portion of the postsecondary educational 12
institution's athletics-related revenue with a student-athlete or 13
compensate a student-athlete for his or her publicity rights. 14
(2) A postsecondary educational institution or any officer, 15
trustee or employee of a postsecondary educational institution 16
shall have the right to identify, create, solicit, facilitate, 17
negotiate, support, assist and otherwise enable opportunities for 18
a student-athlete to earn or attempt to earn compensation for the 19
use of the student-athlete's publicity rights. Such right shall 20
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include, without limitation, the right to discuss with a 21
student-athlete the potential to earn compensation for his or her 22
publicity rights if he or she attends the postsecondary 23
educational institution. Provided that a postsecondary 24
educational institution or any officer, trustee, or employee, of a 25
postsecondary educational institution does not: 26
(a) Receive compensation from the student-athlete for 27
facilitating, enabling, or assisting with such opportunities; 28
(b) Attempt to influence a student-athlete's choice of 29
professional representation related to such opportunities; or 30
(c) Attempt in bad faith to reduce such 31
student-athlete's opportunities from competing third parties. 32
(3) A third party shall have the right to compensate a 33
student-athlete for the use of the student-athlete's publicity 34
rights. 35
(4) Before any agreement with a third party for compensation 36
for the use of a student-athlete's publicity rights is entered 37
into, and before any compensation is provided to the 38
student-athlete, a postsecondary educational institution may 39
require a student-athlete enrolled at that institution or who has 40
signed an athletics financial aid agreement to disclose the 41
agreement or the terms thereof to a designated official of the 42
postsecondary educational institution in which the student-athlete 43
is enrolled or intends to enroll in a manner prescribed by the 44
institution. 45
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(5) Agreements, or proposed agreements, contemplated by this 46
article and any documents that compile, summarize or disclose any 47
of the terms of such agreements shall be exempt from the 48
Mississippi Public Records Act of 1983. 49
(6) (a) Except as otherwise provided in this article or as 50
required by court order or other applicable law, all agreements 51
and proposed agreements entered into, or contemplated under this 52
article, and the terms thereof, shall be maintained as 53
confidential by all parties to such agreements. No person shall 54
disclose any such agreement, proposed agreement or terms thereof 55
without the express prior written consent of all parties to the 56
agreement. 57
(b) A person who willfully discloses or causes the 58
disclosure of confidential information in violation of paragraph 59
(a) of this subsection shall be liable in a civil action for: 60
(i) Actual damages suffered by any party as a 61
result of the unauthorized disclosure; 62
(ii) Injunctive relief to prohibit further 63
unauthorized disclosure; and 64
(iii) Reasonable attorney's fees and costs 65
incurred by the party seeking enforcement. 66
(c) In addition to the civil remedies provided in this 67
subsection, an individual who is required to be registered as an 68
athlete agent under Section 73-42-1 et seq., and who violates the 69
confidentiality requirements of this subsection, is subject to 70
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administrative sanctions under that chapter, including, but not 71
limited to, suspension or revocation of registration, civil 72
penalties, or cease-and-desist orders, as provided therein. 73
SECTION 2. Section 73-42-34, Mississippi Code of 1972, is 74
amended as follows: 75
73-42-34. (1) If the Secretary of State determines that a 76
person has engaged in or is engaging in an act, practice, or 77
course of business constituting a violation of this chapter or a 78
rule adopted or order issued under this chapter, * * * that a 79
person has materially aided or is materially aiding in an act, 80
practice, or course of business constituting a violation of this 81
chapter or a rule adopted or order issued under this chapter, or 82
that a person has violated the provisions of subsection (6) of 83
Section 37-97-105, then the secretary may: 84
(a) Issue an order directing the person to cease and 85
desist from engaging in the act, practice, or course of business, 86
or to take other action necessary or appropriate to comply with 87
this chapter or any rule adopted or order issued under this 88
chapter; 89
(b) Issue an order imposing an administrative penalty 90
against an athlete agent who violated any provision of this 91
chapter or any rule adopted or order issued under this chapter; 92
and 93
(c) Take any other action authorized under the 94
provisions of this chapter. 95
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(2) An order issued under subsection (1) of this section is 96
effective on the date of its issuance. Upon the order's issuance, 97
the Secretary of State shall promptly serve each person subject to 98
the order with a copy of the order and a notice that the order has 99
been entered. The order must include a statement of any civil 100
penalty or other administrative remedy to be imposed under 101
subsection (1) of this section, a statement of the costs of 102
investigation that the secretary will seek to recover, a statement 103
of the reasons for the order, and a statement notifying the person 104
of his or her right to a hearing under Section 73-42-13. If a 105
person subject to the order does not request a hearing in writing 106
within thirty (30) days of the date of the order and none is 107
ordered by the hearing officer, then the order, including the 108
imposition of a civil penalty or requirement for payment of the 109
costs of investigation, shall become final as to that person by 110
operation of law. 111
(3) In a final order, the secretary may charge the actual 112
cost of an investigation or proceeding for a violation of this 113
chapter or a rule adopted or order issued under this chapter. 114
(4) If a petition for judicial review of a final order is 115
not filed in accordance with Section 73-42-37, or the petition is 116
denied by the court, the secretary may file a certified copy of 117
the final order with the clerk of a court in the jurisdiction 118
where enforcement will be sought. The order so filed has the same 119
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effect as a judgment of the court and may be recorded, enforced, 120
or satisfied in the same manner as a judgment of the court. 121
(5) If a person does not comply with an order issued under 122
this section, the secretary may petition a court of competent 123
jurisdiction to enforce the order and collect administrative civil 124
penalties and costs imposed under the final order. The court may 125
not require the secretary to post a bond in an action or 126
proceeding under this section. If the court finds, after service 127
and opportunity for hearing, that the person did not comply with 128
the order, the court may adjudge the person in civil contempt of 129
the order. The court may grant any relief the court determines is 130
just and proper in the circumstances. 131
(6) Any person aggrieved by a final order of the secretary 132
may obtain a review of the order in the circuit court in 133
Mississippi in the county of residence of the athlete agent, the 134
student-athlete, or educational institution by filing within 135
thirty (30) days after the entry of the order, a written petition 136
praying that the order be modified or set aside, in whole or in 137
part. A copy of the petition shall be served upon the secretary, 138
and the secretary shall certify and file with the court a copy of 139
the record and evidence upon which the order was entered. When 140
these have been filed, the court has exclusive jurisdiction to 141
affirm, modify, enforce or set aside the order, in whole or in 142
part. The findings of the secretary as to the facts, if supported 143
by competent material and substantial evidence, are conclusive. 144
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The beginning of proceedings under this subsection does not 145
operate as a stay of the secretary's order, unless specifically 146
ordered by the court. 147
SECTION 3. Section 37-97-101, Mississippi Code of 1972, is 148
brought forward as follows: 149
37-97-101. This article shall be known and may be cited as 150
the "Mississippi Intercollegiate Athletics Compensation and 151
Publicity Rights Act." 152
SECTION 4. Section 37-97-103, Mississippi Code of 1972, is 153
brought forward as follows: 154
37-97-103. As used in this article, the following terms 155
shall have the following meanings unless the context clearly 156
indicates otherwise: 157
(a) "Compensation" means any remuneration, in cash or 158
in kind, whether provided at the time or at any subsequent date, 159
to a student-athlete. For the purposes of this article, 160
"compensation" shall not mean any grant, scholarship, fellowship, 161
tuition assistance, or other form of financial aid provided to a 162
student for pursuing a post-secondary education. 163
(b) "Intercollegiate athletics program" means an 164
intercollegiate athletics sport played at the collegiate level for 165
which eligibility requirements for participation by a 166
student-athlete are established by a national association, 167
conference or any other group or organization with authority over 168
the sport, that promotes or regulates collegiate athletics. 169
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(c) "Publicity Rights" means any right associated with 170
the name, image, likeness, publicity, reputation, fame, or 171
personal following of a student recognized under federal or state 172
law as permitting an individual to control or profit from the use 173
of the same. 174
(d) "Postsecondary educational institution" means a 175
public university or community college or private university or 176
college. 177
(e) "Student-athlete" means an individual who is 178
enrolled in or has signed a National Letter of Intent or other 179
written agreement to enroll in a postsecondary educational 180
institution or is being recruited by a postsecondary educational 181
institution to participate in an intercollegiate athletics 182
program. If an individual is permanently ineligible to 183
participate in a particular intercollegiate sport, the individual 184
is not a student-athlete for purposes of that sport. 185
(f) "Third party" means any individual or entity or 186
group of the same other than a postsecondary educational 187
institution, including a charitable organization that qualifies as 188
an exempt organization under 26 USC Section 501(c)(3), as amended. 189
(g) "Athletics financial aid agreement" means any 190
agreement between a post-secondary educational institution and a 191
student-athlete for the provision of athletics-related financial 192
aid. 193
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(h) "Athletics-related revenue" means revenue generated 194
from ticket sales, game guarantees, media rights, NCAA 195
distributions, conference distributions, royalties, licensing, 196
advertisement and sponsorships and football bowl games as 197
currently set forth in categories 1, 7, 11, 12, 13, 13A, 15, and 198
19 of the 2024 Revenue Categories used in the NCAA Membership 199
Financial Reporting System. 200
(i) "Revenue sharing agreement" means an agreement with 201
a student-athlete to share athletics-related revenue. 202
SECTION 5. Section 37-97-107, Mississippi Code of 1972, is 203
brought forward as follows: 204
37-97-107. (1) A third-party agreement for the use of a 205
student-athlete's publicity rights which is formed after the 206
student-athlete signs an athletics financial aid agreement to 207
attend a postsecondary educational institution or has given notice 208
to his or her current post-secondary educational institution of an 209
intent to transfer or while the student-athlete is participating 210
in an intercollegiate sport at a postsecondary educational 211
institution may be terminated either by the student-athlete or any 212
other party to the agreement when the student-athlete's 213
participation in the sport at the institution ends. 214
(2) A postsecondary educational institution may impose 215
reasonable limitations on the dates and time that a 216
student-athlete may participate in publicity rights activities. 217
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(3) Nothing in this chapter shall restrict a postsecondary 218
educational institution from exercising its sole discretion to 219
control the authorized use of its marks or logos or to determine a 220
student-athlete's apparel, gear or other wearables while 221
participating in an intercollegiate athletics program activity. 222
(4) A student-athlete may not receive or enter into a 223
contract for compensation for the use of his or her publicity 224
rights in a way that also uses any registered or licensed marks, 225
logos, verbiage or designs of a postsecondary educational 226
institution, unless the institution has provided the 227
student-athlete with written permission to do so prior to entering 228
into the agreement or receipt of compensation. 229
(5) If a student-athlete is granted permission to use the 230
marks or logos, independently or through a third party, the 231
postsecondary educational institution may be compensated for the 232
use. A postsecondary educational institution may prohibit a 233
student-athlete from wearing any item of clothing, shoes, or other 234
gear or wearables with the name, logo or insignia of any third 235
party while participating in an intercollegiate athletics program 236
activity. 237
(6) A third party may not enter into, or offer to enter 238
into, a publicity rights agreement with a student-athlete or 239
otherwise compensate a student-athlete for the use of the 240
student-athlete's publicity rights if a provision of the agreement 241
or the use of the student-athlete's publicity rights conflicts 242
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with a provision of a contract, rule, regulation, standard or 243
other requirement of the postsecondary educational institution 244
where the student-athlete is enrolled or intends to enroll unless 245
such contract or use is expressly approved in writing by the 246
postsecondary educational institution. 247
(7) No student-athlete who is enrolled in a postsecondary 248
educational institution shall enter into a publicity rights 249
agreement or receive compensation from a third party for the 250
endorsement or promotion of brands, products, or services 251
involving gambling, sports betting, controlled substances, 252
marijuana, tobacco, alternative or electronic nicotine product or 253
delivery system, alcohol, adult entertainment or any other brand, 254
product or service that is reasonably considered to be 255
inconsistent with the values or mission of a postsecondary 256
educational institution or that, in the institution's sole 257
judgment, negatively impacts or reflects adversely on a 258
postsecondary education institution or its athletic programs, 259
including, without limitation, bringing about public disrepute, 260
embarrassment, scandal, ridicule or otherwise negatively impacting 261
the reputation or the moral or ethical standards of the 262
postsecondary educational institution. 263
(8) Nothing in this chapter shall be construed to qualify a 264
student-athlete as an employee of a postsecondary educational 265
institution. 266
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(9) No postsecondary educational institution may use funds 267
appropriated from the State General Fund to share revenue or to 268
compensate a student-athlete for his or her publicity rights. 269
SECTION 6. Section 37-97-109, Mississippi Code of 1972, is 270
brought forward as follows: 271
37-97-109. (1) No postsecondary educational institution or 272
any officer, trustee, or employee of a postsecondary educational 273
institution shall be subject to a claim for damages related to 274
their adoption, implementation, or enforcement of any contract, 275
rule, regulation, standard or other requirement in compliance with 276
this chapter. This chapter is not intended to and shall not waive 277
or diminish any applicable defenses and immunities, including, 278
without limitation, sovereign immunity applicable to public 279
postsecondary educational institutions. 280
(2) A national association, a conference or any other group 281
or organization with authority over the sport, that promotes or 282
regulates collegiate athletics at a postsecondary educational 283
institution to which this chapter applies shall not: 284
(a) Enforce a contract term, a rule, a regulation, a 285
standard, a bylaw, guidance, or any other requirement that 286
penalizes the institution, the institution's intercollegiate 287
athletics program, or student-athlete for performing, 288
participating in, or allowing an activity required or authorized 289
by this chapter; 290
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(b) Prevent a postsecondary educational institution 291
from or penalize it for establishing agreements with a third-party 292
entity to act on the institution's behalf to identify, create, 293
solicit, facilitate, negotiate, support, assist, and otherwise 294
enable opportunities for a student-athlete to earn compensation 295
from his or her publicity rights; or 296
(c) Penalize a postsecondary educational institution 297
because an individual or entity whose purpose includes supporting 298
and benefiting the postsecondary institution or its 299
intercollegiate athletic programs violates any contract term, a 300
rule, a regulation, a standard, a bylaw, guidance, or any other 301
requirement that is in conflict with actions required or 302
authorized by this chapter. 303
(3) A person or entity, including a post-secondary 304
educational institution, regardless of residence, shall not give 305
or promise to share revenue or to provide compensation for the use 306
of publicity rights of a student-athlete that is currently 307
enrolled in or has signed an athletics financial aid agreement or 308
other written agreement to enroll in a postsecondary educational 309
institution within the State of Mississippi with the purpose of 310
recruiting or inducing the student-athlete to enroll at another 311
postsecondary educational institution, unless the student-athlete 312
has given notice of intent to transfer as provided in national 313
association or conference rules. A person or entity who violates 314
this section is liable to the postsecondary educational 315
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ST: Mississippi Intercollegiate Athletics
Compensation and Publicity Rights Act; amend
concerning confidentially.
institution where the student-athlete is enrolled or has signed an 316
athletics financial aid agreement in an amount equal to three (3) 317
times the amount given or promised the student-athlete. Any 318
lawsuit to enforce this provision may be initiated by the 319
postsecondary educational institution in a state court in 320
Mississippi where the initiating postsecondary institution is 321
located. By giving or offering to share revenue or compensate a 322
student-athlete enrolled in or who has signed an athletics 323
financial aid agreement with a postsecondary institution in this 324
state, the person or entity consents to the personal jurisdiction 325
of the state court and, to the extent applicable, waives immunity 326
from being sued in Mississippi. 327
SECTION 7. This act shall take effect and be in force from 328
and after July 1, 2026. 329