Effective August 28, 2023, Missouri passed a new Name, Image, Likeness (NIL) law for their colleges and institutions. Governor Mark Parson signed House Bill 417 allowing intercollegiate student-athletes the ability to earn compensation for the use of their NIL. This bill significantly amends Missouri’s prior NIL law (House Bill 297).
Bill
Status
Signed Into Law
Effective
Date
08/28/2023
NCAA
Institutions
23
Estimated
NCAA Athletes
6,900
High School
NIL Legislation
Yes but Limited
Last Updated 08/22/22
House Bill 417
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 160.2705, 160.2720, 160.2725, 173.280, 335.200, 335.203, 335.212, 335.215, 335.218, 335.221, 335.224, 335.227, 335.230, 335.233, 335.236, 335.239, 335.242, 335.245, 335.248, 335.251, 335.254, 335.257, 340.341, 340.345, 340.381, 340.384, and 340.387, RSMo, are repealed and sixteen new sections enacted in lieu thereof, to be known as sections 105.1600, 135.457, 160.2705, 160.2720, 160.2725, 173.280, 191.592, 335.200, 335.203, 335.205, 340.341, 340.345, 340.381, 340.384, 340.387, and 620.2500, to read as follows:
105.1600. 1. For the purposes of this section, the following terms mean:
(1) “Applicant”, any individual seeking gainful employment from a state agency;
(2) “Baseline requirement”, the minimum skills, prior training, or prior experience required to satisfactorily perform the primary duties of a position;
(3) “Direct experience”, any verifiable, previous work experience during which:
(a) The applicant’s primary duties were consistent with the position currently sought; or
(b) The skills required to meet those primary duties are transferable to the position currently sought;
(4) “Hiring consideration”, any and all of the following:
(a) A decision to move an applicant to a subsequent round in the hiring process;
(b) A decision to include the applicant on a list of applicants for consideration by another member of the employer’s team;
(c) A decision to offer an applicant an interview;
(d) An interview held in good faith between the employer and the applicant; and
(e) A final offer of employment;
(5) “Postsecondary degree”, an associate’s, bachelor’s, or graduate degree from an institution of higher education;
(6) “State agency”, the same meaning as in section 36.020.
2. (1) For all hiring considerations, state agencies shall not deny consideration to an applicant solely on the basis of the applicant lacking a postsecondary degree.
(2) For all hiring considerations, state agencies shall determine baseline requirements for applicants.
(3) State agencies may include prior direct experience and particular certificates and courses as baseline requirements, but may not include a postsecondary degree as a baseline requirement.
3. This section shall not apply in the case of the following positions with a state agency:
(1) Those for which a clear demonstration is made that the duties of the position require a postsecondary degree. For such positions, the state agency shall dedicate a portion of the job posting to substantiating the necessity of a specific postsecondary degree, on the basis that:
(a) The postsecondary degree is the best measure to determine an applicant possesses specific skills; or
(b) The position requires advanced accreditation or licensure which is only available to holders of specific postsecondary degrees;
(2) Those for which a professional or occupational license is required pursuant to state law; and
(3) Any position as a director with a state agency.
4. Nothing in this section shall apply to appointments made or other positions hired by elected officials.
5. (1) This act shall be enforced by the department of labor and industrial relations. Applicants eliminated from hiring consideration solely because the applicant lacks a postsecondary degree may appeal this decision to the labor and industrial relations commission.
(2) Any person may report open positions with state agencies that require a postsecondary degree and fail to include an explanation as required pursuant to this section.
(3) If an appeal or report is substantiated, the labor and industrial relations commission shall require the state agency to reopen the hiring process, require the state agency to modify the job posting, and take other action as necessary to comply with this section.
135.457. 1. This section shall be known and may be cited as the “Intern and Apprentice Recruitment Act”.
2. As used in this section, the following terms mean:
(1) “Apprentice”, an individual registered and participating in a qualified apprenticeship program in Missouri who has completed at least one year in such qualified apprenticeship program;
(2) “Intern”, a student who is enrolled at an approved private or public institution, as defined in section 173.1102, and who has completed a minimum of thirty credit hours;
(3) “Qualified apprenticeship program”, an approved apprenticeship program, as defined under 29 CFR Part 29 and 29 U.S.C. Section 50, certified by the United States Department of Labor, in partnership with the Missouri department of higher education and workforce development, and conducted in Missouri;
(4) “Tax credit”, a credit against the tax otherwise due under chapter 143, excluding withholding tax imposed under sections 143.191 to 143.265;
(5) “Taxpayer”, any individual, firm, partner in a firm, corporation, partnership, shareholder in an S corporation, or member of a limited liability company subject to the state income tax imposed under chapter 143, 147, 148, or 153, excluding the withholding tax imposed under sections 143.191 to 143.265 and that engages in business in the apprentice’s or intern’s chosen field of study.
3. For all tax years beginning on or after January 1, 2024, a taxpayer shall be allowed to claim a tax credit against the taxpayer’s state tax liability in an amount equal to one thousand five hundred dollars for each intern or apprentice hired at a pay rate equal to or greater than minimum wage, provided that the following criteria are met:
(1) The total number of interns or apprentices employed for the tax year that the credit is claimed exceeds the average number of interns or apprentices employed by the taxpayer over the previous three years;
(2) Interns shall work a minimum of sixty hours per month for two consecutive months during the tax year for which the credit is claimed and a copy of each intern’s official transcript is submitted with the claim for such tax credit; and
(3) Apprentices shall comply with all federal requirements of a qualified apprenticeship including completing a minimum of two thousand hours of on-the-job training and one hundred forty four hours of required technical instruction in a calendar year and a copy of the qualified apprenticeship program certification is submitted with the claim for such tax credit.
4. The total amount of tax credits claimed by a taxpayer under this section shall not exceed nine thousand dollars in any given tax year.
5. Notwithstanding any provision of section 32.057 or any other confidentiality provision of state tax law to the contrary, the department of revenue may reveal the names and other necessary information of all prior employers who have claimed an individual as an intern or apprentice under this section, including the tax years in which such individual was claimed as a qualified apprentice. The cumulative amount of tax credits allowed to all taxpayers under this section shall not exceed one million dollars per tax year. If the amount of tax credits claimed in a tax year under this section exceeds one million dollars, priority shall be given to taxpayers that have been in business for less than five years, with the remaining tax credits to be distributed based on the order in which they are claimed.
6. Tax credits issued under the provisions of this section shall not be refundable. No tax credit claimed under this section shall be carried forward to any subsequent tax year.
7. No tax credit claimed under this section shall be assigned, transferred, sold, or otherwise conveyed.
8. The application for the tax credits under this section shall be made to the department of economic development and shall include information on participation in the qualified apprenticeship program or a copy of the official transcript for the intern being claimed, if applicable, and any other such information that the department deems necessary. The department of economic development shall prescribe the method for claiming the tax credits allowed in this section and shall certify to the department of revenue each applicant that qualifies for a tax credit under this section.
9. The department of economic development shall prepare an annual report containing statistical information regarding the tax credits issued under this section for the previous tax year, including the total amount of tax credits claimed in the tax year, the average number of tax credits claimed per taxpayer, the total number of interns claimed, the total number of apprentices claimed, and the total amount expended on the program.
10. The department of economic development shall promulgate all necessary rules and regulations for the administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be invalid and void.
11. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under this section shall automatically sunset December thirty-first six years after the effective date of this section unless reauthorized by an act of the general assembly;
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset December thirty-first twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
160.2705. 1. The department of social services shall authorize Missouri based nonprofit organizations meeting the criteria of this section to establish and operate up to five adult high schools, with:
(1) One adult high school to be located in a city not within a county;
(2) One adult high school to be located in a county of the third classification without a township form of government and with more than forty-one thousand but fewer than forty five thousand inhabitants or a county contiguous to that county;
(3) One adult high school to be located in a county of the first classification with more than two hundred sixty thousand but fewer than three hundred thousand inhabitants or a county contiguous to that county;
(4) One adult high school to be located in a county of the first classification with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants; and
(5) One adult high school to be located in a county with more than seven hundred thousand but fewer than eight hundred thousand inhabitants, or a contiguous county.
2. The department of social services shall administer funding to adult high schools subject to appropriations. The department shall be responsible for granting and maintaining authorization for adult high schools. For adult high schools in operation prior to January 1, 2023, the department shall maintain authorization for the nonprofit organization to operate the schools, subject to compliance with this section. No more than one organization shall be authorized to operate an adult high school at each location described in subsection 1 of this section. An organization may establish satellite campuses for any adult high school it is authorized to operate. The department shall administer funding for satellite campuses subject to appropriations.
3. On or before January 1, 2024, the department of social services shall select an eligible Missouri-based nonprofit organization to operate in a location described in subdivision (5) of subsection 1 of this section. An eligible organization shall:
(1) Demonstrate the ability to establish, within twenty-one months of the receipt of the authorization, an adult high school offering high school diplomas, an industry certification program or programs, and child care for children of the students attending the high schools;
(2) Demonstrate the ability to commit at least five hundred thousand dollars for the purpose of establishing the necessary infrastructure at the adult high school;
(3) Demonstrate substantial and positive experience in providing services, including industry certifications and job placement services, to adults twenty-one years of age or older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar circumstances;
(4) Establish a partnership with a state-supported postsecondary education institution or more than one such partnership, if a partnership or partnerships are necessary in order to meet the requirements for an adult high school;
(5) Establish a comprehensive plan that sets forth how the adult high schools will help address the need for a sufficiently trained workforce in the surrounding region for each adult high school;
(6) Establish partnerships and strategies for engaging the community and business leaders in carrying out the goals of each adult high school;
(7) Establish the ability to meet quality standards through certified teachers and programs that support each student in such student’s goal to find a more rewarding job;
(8) Establish a plan for assisting students in overcoming barriers to educational success including, but not limited to, educational disadvantages, homelessness, criminal history, disability, including learning disability such as dyslexia, and similar circumstances;
(9) Establish a process for determining outcomes of the adult high school, including outcomes related to a student’s ability to find a more rewarding job through the attainment of a high school diploma and job training and certification; and
(10) Limit the administrative fee to no more than ten percent.
4. (1) The department of elementary and secondary education shall establish academic requirements for students to obtain high school diplomas.
(2) Requirements for a high school diploma shall be based on an adult student’s prior high school achievement and the remaining credits and coursework that would be necessary for the student to receive a high school diploma if such student were in a traditional high school setting. The adult student shall meet the requirements with the same level of academic rigor as would otherwise be necessary to attain such credits.
(3) The adult high school authorized under this section shall award high school diplomas to students who successfully meet the established academic requirements. The adult high school authorized under this section shall confer the diploma as though the student earned the diploma at a traditional high school. The diploma shall have no differentiating marks, titles, or other symbols.
(4) Students at adult high schools may complete required coursework at their own pace and as available through the adult high school. They shall not be required to satisfy any specific number of class minutes. The adult high school may also make classes available to students online as may be appropriate. However, students shall not complete the majority of instruction of the school’s curriculum online or through remote instruction. For the purposes of this subsection, synchronous instruction connecting students to a live class conducted in a Missouri adult high school shall be treated the same as in-person instruction.
(5) The department of elementary and secondary education shall not create additional regulations or burdens on the adult high school or the students attending the adult high schools beyond certifying necessary credits and ensuring that students have sufficiently mastered the subject matter to make them eligible for credit.
5. An adult high school shall be deemed a secondary school system for the purposes of subdivision (15) of subsection 1 of section 210.211.
160.2720. The nonprofit organization who receives the authorization described under section 160.2705 shall submit to the department of elementary and secondary education, the department of social services, the joint committee on education, and the offices of the governor, speaker of the house of representatives, and president pro tempore of the senate an annual report concerning evaluations of the adult high schools, including the impact the adult high schools have had in meeting industry needs in the state before December first of each year.
160.2725. The department of social services may promulgate rules to implement the provisions of sections 160.2700 to 160.2720. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be invalid and void.
173.280. 1. As used in this section, the following terms mean:
(1) “Institutional marketing associate”, any third party entity that enters into an agreement with a postsecondary educational institution or its intercollegiate athletics or sports program to market and/or promote the postsecondary educational institution or its intercollegiate athletics or sports program, or to otherwise act on behalf of the postsecondary educational institution or the postsecondary educational institution’s intercollegiate athletics or sports program. This term does not include a regulatory body, postsecondary educational institution, postsecondary educational institution staff member, or their respective officers, directors, managers, owners, or employees;
(2) “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;
(3) “Student athlete”, an individual who is eligible to participate in, participates in, 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;
(4) “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 of an athletic association or athletic conference 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 grantin-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 relating to earning compensation as a result of the use of the student athlete’s name, image, likeness rights, or athletic reputation, 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 educational 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 institution’s athletic department, shall have the right to identify, create, facilitate, negotiate, support, enable, or otherwise assist with opportunities for a student athlete to earn compensation from a third party, including an institutional marketing associate, for the use of the student athlete’s name, image, likeness rights, or athletic reputation, provided that such individual shall not:
a. Receive compensation from the student athlete or a third party for facilitating, enabling, or assisting with such opportunities;
b. Attempt to influence an athlete’s choice of professional representation related to such opportunities; or
c. Attempt to reduce such athlete’s opportunities from competing third parties
(c) The provisions of this section shall not be construed to qualify a student athlete as an employee of a postsecondary educational institution.
(3) Before any contract for compensation for the use of a student athlete’s name, image, likeness rights, or athletic reputation, or for professional representation, 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 shall not compensate a student athlete, prospective student athlete, or the family of such individuals, for the use of such student athlete or prospective student athlete’s name, image, likeness rights, or athletic reputation, unless otherwise permitted by institutional policy and a collegiate athletics association that the postsecondary educational institution is a member of.
(5) (a) As used in this subdivision, “unique identifier” means any of the following developed or adopted for marketing or promotional purposes by a postsecondary educational institution or a third party:
a. Seal;
b. Logo;
c. Emblem;
d. Motto;
e. Special symbol;
f. Institutional colors;
g. Modifier or descriptor;
h. Design;
i. Patentable or copyrightable item, material, or information; or
j. Other item, material, or information that identifies and is recognizable as unique to such postsecondary educational institution or third party.
(b) A postsecondary educational institution or a third party shall develop and adopt a process for granting to a student athlete, or to a third party for use with a student athlete, a license to use such institution’s or third party’s unique identifiers when earning or attempting to earn compensation from the use of such student athlete’s name, image, likeness rights, or athletic reputation consistent with its policies regarding licensing of its unique identifiers.
(c) A postsecondary educational institution or a third party may charge a reasonable fee for a license to use a unique identifier under this subdivision.
(d) A postsecondary educational institution, or a third party, may impose requirements that a student athlete granted a license under this subdivision refrain from using such unique identifier in a manner that the institution in its sole discretion determines:
a. Is reasonably considered to be inconsistent with such institution’s or third party’s values or mission;
b. Adversely affects such institution’s or third party’s image;
c. Negatively impacts or inappropriately reflects upon the reputation or religious, moral, or ethical standards of such institution or third party;
d. Violates such institution’s or third party’s code of conduct or similar requirements; or
e. Conflicts with a provision of such institution’s or third party’s current licenses or contracts.
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) If a private postsecondary educational institution collects, retains, or maintains the terms of a student athlete’s contract or proposed contract detailing compensation to such student athlete for the use of such student athlete’s name, image, likeness, or athletic reputation, such postsecondary educational institution shall consider such contract terms to be student governed by the Family Education Rights and Privacy Act (FERPA).
(2) The terms of a contract or proposed contract detailing compensation to a student athlete for the use of such student athlete’s name, image, likeness, or athletic reputation shall be deemed a closed record under chapter 610. A public postsecondary educational institution subject to this subsection may withhold or refuse to release or otherwise disclose such contract terms without seeking a formal opinion of the attorney general of this state as authorized in section 610.027.
7. (1) No compensation to a student athlete for earning or attempting to earn compensation from the use of such student athlete’s name, image, likeness rights, or athletic reputation shall be conditioned on such student athlete’s athletic performance. Those providing compensation to a student athlete for the use of his or her name, image, likeness rights, or athletic reputation shall have the right to condition payment of that compensation on a student athlete’s attendance at a particular postsecondary educational institution.
(2) A charitable organization that qualifies as an exempt organization under 26 U.S.C. Section 501(c)(3), as amended, shall have the right to compensate a student athlete for the commercial use of the student athlete’s name, image, likeness rights, or athletic reputation.
(3) Notwithstanding any rule of an athletic association, athletic conference, or any other organization with authority over varsity intercollegiate athletics, institutional marketing associates shall have the right to compensate a student athlete for the commercial use of the student athlete’s name, image, likeness rights, or athletic reputation. This includes the right to compensate a student athlete for the commercial use of the student athlete’s name, image, or likeness rights in connection with the promotion of athletic events in which the student athlete will or may participate, the promotion of the postsecondary educational institution the student athlete attends, and the promotion of the postsecondary educational institution’s intercollegiate athletics or sports program. Further, an institutional marketing associate shall, in the event that a postsecondary educational institution or its intercollegiate athletics program affirmatively grants a request, have the right to utilize a postsecondary educational institution’s, or the postsecondary educational institution’s intercollegiate athletics program’s, content creation and marketing capabilities in connection with services provided for the promotion of athletic events in which a student athlete will or may participate, the postsecondary educational institution, or the institution’s intercollegiate athletics or sports program.
(4) Notwithstanding any rule of an athletic association, athletic conference, or any other organization with authority over varsity intercollegiate athletics, student athletes shall have the right to receive compensation from an institutional marketing associate for the commercial use of their name, image, likeness rights, or athletic reputation, in connection with, among other items, the promotion of athletic events in which the student athlete will or may participate, the promotion of the postsecondary educational institution the student athlete attends, and the promotion of the postsecondary educational institution’s intercollegiate athletics or sports program.
8. (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 offer at least two workshops per calendar year that may include topics such as financial literacy, life skills, time management, and entrepreneurship. The workshops may not be offered in the same month and each workshop offered in a calendar year must be unique and not simply a repeat of the other workshop offered that year. The institution shall notify all student athletes of the sessions through the distribution of informational materials via email or other communication methods the institution regularly uses to communicate with student athletes.
(2) The educational workshops shall not include any marketing, advertising, referral, or solicitation by providers of financial products or services.
9. An athletic association, athletic conference, or any other organization with authority over varsity intercollegiate athletics shall not, and shall not authorize its member institutions to:
(1) Prevent a student athlete from receiving compensation for the commercial use of the student athlete’s name, image, likeness rights, or athletic reputation under this section;
(2) Penalize a student athlete for receiving compensation for the commercial use of the student athlete’s name, image, likeness rights, or athletic reputation under this section;
(3) Prevent a postsecondary educational institution from participating in varsity intercollegiate athletics or otherwise penalize a postsecondary educational institution as a result of a student athlete’s receipt of compensation for the student athlete’s name, image, likeness rights, or athletic reputation under this section;
(4) Prevent a postsecondary educational institution from establishing agreements with a third party entity to act on its behalf to identify, facilitate, enable, or support student athlete name, image, and likeness activities;
(5) Entertain a complaint, open an investigation, or take any other adverse action against a postsecondary educational institution or any of its employees for engaging in any activity protected under this section;
(6) Penalize a postsecondary educational institution because an institutional marketing associate compensates a student athlete for use of his or her name, image, likeness rights, or athletic reputation, as protected under this section, or if a third party violates the collegiate athletic association’s rules or regulations with regard to student athlete name, image, or likeness activities.
10. A student athlete shall have the right to obtain professional representation for the purpose of securing compensation for the use of his or her name, image, or likeness without penalty or resulting limitation on participating or effect on the student athlete’s athletic grant-in-aid eligibility. Professional representation shall be by attorneys or agents licensed by this state. Any professional representation agreement shall be in writing, be executed by both parties, clearly describe the obligations of the parties, and outline fees for the professional representation.
11. (1) Any student athlete may bring a civil action against third parties that violate this section or that interfere with such student athlete’s earning or attempting to earn compensation from the use of such student athlete’s name, image, likeness rights, or athletic reputation 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.
12. No legal settlement shall conflict with the provisions of this section.
13. 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.
14. No postsecondary educational institution’s employees, including athletics coaching staff, shall be liable for any damages to a student athlete’s ability to earn compensation for the use of the student athlete’s name, image, or likeness resulting from decisions or actions routinely taken in the course of intercollegiate athletics.
15. This section does not affect the rights of student athletes under Title IX of the Education Amendments of 1971 (20 U.S.C. Section 1681 et seq.).
16. (1) A high school athlete who competes on an interscholastic athletic team in this state that is sponsored by a public school or by a private school whose students compete against a public school’s students may earn or attempt to earn compensation from the use of such athlete’s name, image, likeness rights, or athletic reputation as provided in this section, subject to the following:
(a) A high school athlete shall have the right to discuss earning or attempting to earn such compensation before signing an athletic letter of intent or other written agreement only when having discussions about potential enrollment with a postsecondary educational institution in this state; and
(b) A high school athlete shall have the right to earn or attempt to earn such compensation only after signing an athletic letter of intent or other written agreement to enroll in a postsecondary educational institution in this state.
(2) The discussion of, or earning or attempting to earn, compensation from the use of such high school athlete’s name, image, likeness rights, or athletic reputation as provided in this section shall not be construed to be a violation of any rules and regulations a high school student and high schools are required to follow to maintain and protect a high school athlete’s high school eligibility to participate in high school athletics in this state.
191.592. 1. For purposes of this section, the following terms mean:
(1) “Department”, the department of health and senior services;
(2) “Eligible entity”, an entity that operates a physician medical residency program in this state and that is accredited by the Accreditation Council for Graduate Medical Education;
(3) “General primary care and psychiatry”, family medicine, general internal medicine, general pediatrics, internal medicine-pediatrics, general obstetrics and gynecology, or general psychiatry;
(4) “Grant-funded residency position”, a position that is accredited by the Accreditation Council for Graduate Medical Education, that is established as a result of funding awarded to an eligible entity for the purpose of establishing an additional medical resident position beyond the currently existing medical resident positions, and that is within the fields of general primary care and psychiatry. Such position shall end when the medical residency funding under this section is completed or when the resident in the medical grant-funded residency position is no longer employed by the eligible entity, whichever is earlier;
(5) “Participating medical resident”, an individual who is a medical school graduate with a doctor of medicine degree or doctor of osteopathic medicine degree, who is participating in a postgraduate training program at an eligible entity, and who is filling a grant-funded residency position.
2. (1) Subject to appropriation, the department shall establish a medical residency grant program to award grants to eligible entities for the purpose of establishing and funding new general primary care and psychiatry medical residency positions in this state and continuing the funding of such new residency positions for the duration of the funded residency.
(2) (a) Funding shall be available for three years for residency positions in family medicine, general internal medicine, and general pediatrics.
(b) Funding shall be available for four years for residency positions in general obstetrics and gynecology, internal medicine-pediatrics, and general psychiatry.
3. (1) There is hereby created in the state treasury the “Medical Residency Grant Program Fund”. Moneys in the fund shall be used to implement and fund grants to eligible entities.
(2) The medical residency grant program fund shall include funds appropriated by the general assembly, reimbursements from awarded eligible entities who were not able to fill the residency position or positions with an individual medical resident or residents, and any gifts, contributions, grants, or bequests received from federal, private, or other sources.
(3) The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be used solely as provided in this section.
(4) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
(5) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
4. Subject to appropriation, the department shall expend moneys in the medical residency grant program fund in the following order:
(1) Necessary costs of the department to implement this section;
(2) Funding of grant-funded residency positions of individuals in the fourth year of their residency, as applicable to residents in general obstetrics and gynecology, internal medicine-pediatrics, and general psychiatry;
(3) Funding of grant-funded residency positions of individuals in the third year of their residency;
(4) Funding of grant-funded residency positions of individuals in the second year of their residency;
(5) Funding of grant-funded residency positions of individuals in the first year of their residency; and
(6) The establishment of new grant-funded residency positions at awarded eligible entities.
5. The department shall establish criteria to evaluate which eligible entities shall be awarded grants for new grant-funded residency positions, criteria for determining the amount and duration of grants, the contents of the grant application, procedures and timelines by which eligible entities may apply for grants, and all other rules needed to implement the purposes of this section. Such criteria shall include a preference for eligible entities located in areas of highest need for general primary care and psychiatric care physicians, as determined by the health professional shortage area score.
6. Eligible entities that receive grants under this section shall:
(1) Agree to supplement awarded funds under this section, if necessary, to establish or maintain a grant-funded residency position for the duration of the funded resident’s medical residency; and
(2) Agree to abide by other requirements imposed by rule.
7. Annual funding per participating medical resident shall be limited to:
(1) Direct graduate medical education costs including, but not limited to:
(a) Salaries and benefits for residents, faculty, and program staff;
(b) Malpractice insurance, licenses, and other required fees; and
(c) Program administration and educational materials; and
(2) Indirect costs of graduate medical education necessary to meet the standards of the Accreditation Council for Graduate Medical Education.
8. No new grant-funded residency positions under this section shall be established after the tenth fiscal year in which grants are awarded. However, any residency positions funded under this section may continue to be funded until the completion of the resident’s medical residency.
9. The department shall submit an annual report to the general assembly regarding the implementation of the program developed under this section.
10. The department may promulgate all necessary rules and regulations for the administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void.
11. The provisions of this section shall expire on January 1, 2038. 335.200. As used in sections 335.200 to 335.203, the following terms mean:
(1) “Board”, the state board of nursing;
(2) “Department”, the Missouri department of higher education and workforce development;
(3) “Eligible institution of higher education”, a Missouri institution of higher education accredited by the higher learning commission of the north central association which offers a nursing education program or an approved virtual institution, as defined in section 173.1102, that offers a nursing education program;
(4) “Grant”, a grant awarded to an eligible institution of higher education under the guidelines set forth in sections 335.200 to 335.203.
335.203. 1. There is hereby established the “Nursing Education Incentive Program” within the state board of nursing.
2. Subject to appropriation and board disbursement, grants shall be awarded through the nursing education incentive program to eligible institutions of higher education based on criteria jointly determined by the board and the department of higher education and workforce development.
3. To be considered for a grant, an eligible institution of higher education shall offer a program of nursing that meets the predetermined category and area of need as established by the board and the department under subsection 4 of this section.
4. The board and the department shall determine categories and areas of need for designating grants to eligible institutions of higher education. In establishing categories and areas of need, the board and department may consider criteria including, but not limited to:
(1) Data generated from licensure renewal data and the department of health and senior services; and
(2) National nursing statistical data and trends that have identified nursing shortages.
5. The board shall be the administrative agency responsible for implementation of the program established under sections 335.200 to 335.203, and shall promulgate reasonable rules for the exercise of its functions and the effectuation of the purposes of sections 335.200 to 335.203. The board shall, by rule, prescribe the form, time, and method of filing applications and shall supervise the processing of such applications.
6. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2011, shall be invalid and void.
335.205. The board, in addition to any other duties it may have regarding licensure of nurses, shall collect, at the time of any initial license application or license renewal application, a nursing education incentive program surcharge from each person licensed or relicensed under chapter 335, in the amount of one dollar per year for practical nurses and five dollars per year for registered professional nurses. These funds shall be deposited in the state board of nursing fund described in section 335.036.
340.341. 1. The department shall adopt and promulgate rules establishing standards for determining eligible students for loan repayment pursuant to sections 340.335 to 340.350. Such standards shall include, but are not limited to the following:
(1) Citizenship or lawful permanent residency in the United States;
(2) Residence in the state of Missouri;
(3) Enrollment as a full-time veterinary medical student in the final year of a course of study offered by an approved educational institution in Missouri;
(4) Application for loan repayment.
2. The department shall not grant repayment for more than twelve veterinarians each year.
340.345. 1. A loan payment provided for an individual pursuant to a written contract under the large animal veterinary medicine loan repayment program shall consist of payment on behalf of the individual of the principal, interest and related expenses on government and commercial loans received by the individual for tuition, fees, books, laboratory and living expenses incurred by the individual.
2. For each year of obligated services that an individual contracts to serve in an area of defined need, the department may pay up to thirty thousand dollars on behalf of the individual for loans described in subsection 1 of this section.
3. The department may enter into an agreement with the holder of the loans for which repayments are made under the large animal veterinary medicine loan repayment program to establish a schedule for the making of such payments if the establishment of such a schedule would result in reducing the costs to the state.
4. Any qualifying communities providing a portion of a loan repayment shall be considered first for placement.
340.381. 1. Sections 340.381 to 340.396 establish a student loan forgiveness program for approved veterinary students who practice in areas of defined need. Such program shall be known as the “Dr. Merrill Townley and Dr. Dan Brown Large Animal Veterinary Student Loan Program”.
2. There is hereby created in the state treasury the “Veterinary Student Loan Payment Fund”, which shall consist of general revenue appropriated to the large animal veterinary student loan program, voluntary contributions to support or match program activities, money collected under section 340.396, any private grant, gift, donation, devise, or bequest of moneys, funds, real or personal property, or other assets, and funds received from the federal government. The state treasurer shall be custodian of the fund and shall approve disbursements from the fund in accordance with sections 30.170 and 30.180. Upon appropriation, money in the fund shall be used solely for the administration of sections 340.381 to 340.396. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
340.384. 1. Eligible students may apply to the department for financial assistance under the provisions of sections 340.381 to 340.396. If, at the time of application for a loan, a student has formally applied for acceptance at the college, receipt of financial assistance is contingent upon acceptance and continued enrollment at the college. A qualified applicant may receive financial assistance up to thirty thousand dollars for each academic year he or she remains a student in good standing at the college, provided that the cumulative total shall not exceed one hundred twenty thousand dollars per qualified applicant. An eligible student may apply for financial assistance under this section at any point in his or her educational career at the college, however any such financial assistance shall only be awarded for current or future academic years, as applicable, and shall not be awarded for any academic year completed prior to the time of application.
2. Up to twelve qualified applicants per academic year may be awarded loans under the provisions of sections 340.381 to 340.396. The department may increase beyond twelve the number of qualified applicants that may be awarded such loans per academic year if the amount of any additional moneys from private grants, gifts, donations, devises, or bequests of moneys, funds, real or personal property, or other assets deposited in the veterinary student loan payment fund allows the full funding of such increase in the number of applicants. Priority for loans shall be given to eligible students who have established financial need. All financial assistance shall be made from funds credited to the veterinary student loan payment fund.
340.387. 1. The department of agriculture may enter into a contract with each qualified applicant receiving financial assistance under the provisions of sections 340.381 to 340.396. Such contract shall specify terms and conditions of loan forgiveness through qualified employment as well as terms and conditions for repayment of the principal and interest.
2. The department shall establish schedules for repayment of the principal and interest on any financial assistance made under the provisions of sections 340.381 to 340.396. Interest at a rate set by the department, with the advice of the advisory panel created in section 340.375, shall be charged from the time of the payment of financial assistance on all financial assistance made under the provisions of sections 340.381 to 340.396, but the interest and principal of the total financial assistance granted to a qualified applicant at the time of the successful completion of a doctor of veterinary medicine degree program shall be forgiven through qualified employment.
3. For each year of qualified employment that an individual contracts to serve in an area of defined need, the department shall forgive up to thirty thousand dollars and accrued interest thereon on behalf of the individual for financial assistance provided under sections 340.381 to 340.396.
620.2500. 1. For purposes of this section, the following terms mean:
(1) “Employee”, any person employed by a qualifying employer or any person who is a prospective employee of a qualifying employer, provided such person is not an independent contractor;
(2) “Health care-focused credential”, a credential that demonstrates the competencies necessary to succeed in an occupation related to the delivery of health care services;
(3) “Public body”, the state of Missouri, any department, division, commission, board, or political subdivision thereof including, but not limited to, institutions of postsecondary education that offer required courses and training necessary for an employee to obtain upskill credentials. The term “public body” shall be construed to exclude any:
(a) Facility that meets the definition of hospital in section 197.020;
(b) Long-term care facility licensed under chapter 198; or
(c) Public hospital established and maintained under chapter 205;
(4) “Qualifying employer”, any employer registered to do business in the state of Missouri, provided the employer is not a public body;
(5) “Technology-focused credential”, a credential that demonstrates the competencies necessary to succeed in an occupation that utilizes technology to develop, build, and deliver products and services;
(6) “Training provider”, any entity approved by the state that provides training in upskill credentials;
(7) “Upskill credential”, includes, but is not limited to:
(a) Health care-focused credentials;
(b) Technology-focused credentials; and
(c) Any other credential indicated by a qualifying employer as necessary for improving the skills of its current and prospective employees.
2. The department of economic development may distribute to any qualifying employer a reimbursement not to exceed two thousand dollars for each employee who obtains upskill credentials, provided that no qualifying employer shall receive more than thirty thousand dollars under this section in any fiscal year. A qualifying employer shall submit an application for an award for such reimbursement as provided in this section in order to receive such funds.
3. The department of economic development shall design an application form for qualifying employers to apply for an award for reimbursement. The application form shall contain all information that the department deems necessary to fulfill the provisions of this section.
4. (1) There is hereby created in the state treasury the “Upskill Credential Training Fund”, which shall consist of moneys appropriated by the general assembly, which shall not exceed six million dollars per fiscal year. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, moneys in this fund shall be used solely as provided in this section.
(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
5. (1) The department of economic development shall evaluate all applications submitted by qualifying employers on a competitive basis using the following criteria:
(a) The pledged average wage increase that employees or prospective employees will realize after obtaining the upskill credential in relation to the cost of obtaining the upskill credential;
(b) The level of economic distress in the qualifying employer’s region and the balance of awards made to the various regions of the state; and
(c) The contribution made by the qualifying employer toward the cost of obtaining the upskill credential.
(2) Applications shall be evaluated at the close of the application period, as determined by the department, and shall not be awarded on a first-come, first-served basis. The department may make preliminary awards for reimbursement only after the application period has closed.
(3) Except as provided in subdivision (4) of this subsection, in making awards under this section, the department shall reserve:
(a) Thirty-three and one-third percent of the moneys in the upskill credential training fund to be awarded exclusively to qualifying employers with at least one but not more than fifty employees; and
(b) Thirty-three and one-third percent of the moneys in the upskill credential training fund to be awarded exclusively to qualifying employers with at least fifty-one but not more than two hundred employees.
(4) Any moneys reserved under paragraph (a) or (b) of subdivision (3) of this subsection that are not issued or awarded by March first of the fiscal year shall no longer be reserved and may be issued to any qualifying employer eligible for an award under this section.
(5) Applications shall be considered during application periods as determined by the department.
6. (1) Upon being given a preliminary award for reimbursement under this section, each qualifying employer shall sponsor a current or prospective employee to obtain an upskill credential within twelve months of the preliminary award. A current or prospective employee shall not commence the process of obtaining the upskill credential until after a preliminary award has been made.
(2) Upon obtaining the upskill credential, the qualifying employer shall submit proof of the upskill credential to the department of economic development.
(3) To receive the reimbursement, the qualifying employer shall provide to the department proof that the individual who completed the upskill credential is a Missouri resident with a verifiable Missouri address. Such proof shall be submitted to the department in the manner requested by the department within six weeks of completing the upskill credential.
(4) If the department is satisfied that the current or prospective employee has obtained the upskill credential based upon evidence provided under subdivision (2) of this subsection and the provisions of subdivision (3) of this subsection have been satisfied, the department shall grant the qualifying employer the reimbursement indicated in the preliminary award.
7. Training providers shall not be eligible for awards issued under this section unless employees are trained by an outside training provider.
8. A qualifying employer shall not receive funds under this section for an employee’s upskill credential if:
(1) The qualifying employer is receiving funds under the Missouri One Start Program under sections 620.800 to 620.809 for the same upskill credential; or
(2) The employee is receiving a Fast Track Workforce Incentive Grant under section 173.2553 for the same upskill credential.
9. The director of the department of economic development may promulgate all necessary rules and regulations for the administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be invalid and void.
10. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly;
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
Section B. Because immediate action is necessary to address the shortage of health care providers in this state, the enactment of section 191.592 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 191.592 of this act shall be in full force and effect upon its passage and approval.
Now that Student-Athletes will have the ability to profit off of their name, image, and likeness, they have to remain conscious about certain thresholds that could have certain tax consequences. Specific to the State of Missouri:
Under this act, the Missouri NIL law states that a postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student athlete from fully participating in intercollegiate athletics without penalty for earning compensation for the use of such athlete’s name, image, or likeness rights, or athletic reputation. Such compensation shall not affect a student athlete’s grant-in-aid or stipend eligibility, amount, duration, or renewal. Such institution shall also not interfere with a student athlete’s participation based on obtaining representation in relation to contracts or legal matters. Grant-in-aid and stipends shall not be construed as compensation for the use of a student athlete’s name, image, or likeness rights, or athletic reputation.
Missouri NIL started on July 1, 2021, per the NCAA Interim Policies. With the passage of House Bill 297, Missouri State NIL laws took effect on August 28, 2021.
?
Missouri NCAA Student-Athletes will be able to earn compensation for the use of her or his name, image, or likeness (NIL) through a multitude of different opportunities. Student-Athletes can now make money for things such as endorsements, sponsorships, appearances, autographs, memorabilia, podcasts, camps, clinics, private lessons, crowdfunding, and many more!
Both athletes and administrators in the State of Missouri should start by making sure they have a proper understanding of the rules and regulations set forth by House Bill 297. A working knowledge of the ‘Dos and Don’ts’ for Missouri NIL will allow all parties to safely and successfully navigate the new landscape. The next most important aspect would be the compliance component of NIL. Not only do students need to make sure they are entering agreements that are compliant with the passed state regulations, but they need to make sure they are transparent with their school to avoid any institutional conflicts.
All institutions with NCAA athletic programs are affected by NIL. In the state of Missouri, the following schools will be affected:
D1
D2
D3
NAIA
NJCAA
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