High School Status

Permitted

NIL State Law
Status

What We Discovered

On July 6th, 2023, the House Bill 417 was signed by the Missouri Governor. This allowed Missouri to be the 29th state to permit Name, Image, and Likeness at the high school level. This allows high school student-athletes to participate in NIL, provided they sign a letter of intent to play for a school in the state of Missouri.

 

5Summary

College

NIL Law: House Bill 417

Abstract | Full Law | Passed: 5/30/2023 | Effective:N/A

Missouri has passed multiple laws related to NIL, but the most recent edition is the most comprehensive. House Bill 417, which is awaiting the governors signature, allows for high school athletes in the state to profit from their NIL, however the athlete must have a signed letter of intent to attend college in Missouri. The bill requires financial literacy training and gives schools the right to facilitate NIL deals. Schools are also allowed to have a “marketing representative” on staff to assist in enabling NIL opportunities for athletes.

toSummary

High School

Missouri has become the 29th state to permit Name, Image, and Likeness at the high school level after the passage of House Bill 417, which is awaiting the governor’s signature. As of 2023 a law was passed that allows athletes to participate in NIL at the high school level provided they sign a letter of intent to play for a school in the state of Missouri.

Bylaws | MSHSAA Official Handbook

Excerpt | 3.6 Amateur Awards and Requirements

3.6.1 Amateur Status: A student who represents a school in an interscholastic sport shall be an amateur in that sport. An amateur athlete is one who engages in athletic competition solely for the physical, mental, social, and pleasure benefits derived from participation. Amateurism is sport-specific, except in the case of scholarships/concessions on tuition. Amateurism must be maintained throughout the year, including summer, and is not dependent on the type of participation (i.e. interscholastic, non-school competition, recreational, etc.).

3.6.6 Name, Image, Likeness (NIL) Activities:

a. NIL Prohibited Activities: In order to protect amateur status and retain interscholastic eligibility in a particular sport, the following NIL activities are prohibited:

          1. Disallowed Representation of a School: Described in By-Law 3.6.4.b above.

          2. Athletic service: Defined in By-Law 3.6.2.a above.

          3. Undue Influence: NIL activities that violate By-Law 2.6, Undue Influence, are prohibited.

          4. NIL Collectives: Such groups working on behalf of, in conjunction with, or for the benefit of a junior high or high school are prohibited. Such activity will jeopardize both the interscholastic eligibility of athletes and the school’s membership status with MSHSAA.

b. NIL Prohibited Benefits: In order to protect amateur status and retain interscholastic eligibility in a particular sport, the following NIL benefits may not be received:

          1. Scholarships: See By-Law 3.6.3 regarding benefits that are always prohibited, or must be handled a certain way, for interscholastic amateurism.

          2. Undue Influence: Any benefit offered to entice a student to attend a school for athletic purposes is a violation of ByLaw 2.6, Undue Influence.

c. NIL Allowable Activities: In order to protect amateur status and retain interscholastic eligibility in a particular sport, the following activities are allowable:

          1. NIL Activity: A student may participate in an NIL activity that provides an allowable benefit if NOT representing a school and NOT performing an athletic service. Editor’s Note: Students participating in allowable NIL Activities should be aware of, and abide by, Federal Trade Commission (FTC) guidelines (clearly disclosing sponsor relationships, not making false or questionable statements about the sponsor’s product, etc.). Further consideration should be given to the tax implications of NIL income, and its impacts on need-based school, state, or federal financial aid or Pell Grants.

d. NIL Allowable Benefits: A student may receive any benefit for an NIL Activity and not jeopardize amateur status for participation in the interscholastic program, as long as all of the following are true:

          1. the student is NOT representing the school 

          2. the student is NOT performing an athletic service

          3. the benefit is not a prohibited benefit as per By-Law 3.6.3

          4. By-Law 2.6, Undue Influence, is not violated