Missouri 2025 Regular Session

Missouri Senate Bill SB80 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2		EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3		and is intended to be omitted in the law.
4	4		FIRST REGULAR SESSION
5		-	[PERFECTED]
6		-	SENATE SUBSTITUTE FOR
7	5		SENATE COMMITTEE SUBSTITUTE FOR
8	6		SENATE BILL NO. 80
9	7		103RD GENERAL ASSEMBLY
10		-	INTRODUCED BY SENATOR GREGORY (21).
11		-	0755S.04P KRISTINA MARTIN, Secretary
	8	+	0755S.02C KRISTINA MARTIN, Secretary
12	9		AN ACT
13		-	To repeal ~~sections 67.3000, 67.3005, and~~ 173.280, RSMo, and to enact in lieu thereof ~~six~~ new
14		-	~~sections relating to sports~~.
	10	+	To repeal section 173.280, RSMo, and to enact in lieu thereof two new sections relating to
	11	+	compensation of student athletes.
15	12
16	13		Be it enacted by the General Assembly of the State of Missouri, as follows:
17		-	Section A. Sections 67.3000, 67.3005, and 173.280, RSMo, 1
18		-	are repealed and six new sect ions enacted in lieu thereof, to 2
19		-	be known as sections 67.646, 67.1157, 67.3000, 67.3005, 3
20		-	167.750, and 173.280, to read as follows:4
21		-	67.646. 1. For the purposes of this section, the 1
22		-	following terms shall mean: 2
23		-	(1) "Authority", a county sports complex authority 3
24		-	created pursuant to this section; 4
25		-	(2) "Convention and sports complex fund", the fund 5
26		-	established by a county pursuant to the provisions of this 6
27		-	section for the purposes of developing, maintaining, or 7
28		-	operating within its jurisdi ction, sports, convention, 8
29		-	exhibition, or trade facilities; 9
30		-	(3) "County", any county with more than two hundred 10
31		-	thirty thousand but fewer than two hundred sixty thousand 11
32		-	inhabitants; 12 SS SCS SB 80 2
33		-	(4) "Governing body", the county commission or other 13
34		-	governing body charged with governing the county. 14
35		-	2. (1) There is hereby authorized to be created in 15
36		-	any county a special authority to be known as the "______ 16
37		-	County Sports Complex Authority". Such authority shall be 17
38		-	created by order of the governin g body and certified copies 18
39		-	of said order shall be filed in the offices of the governor 19
40		-	and secretary of state. The authority shall be a body 20
41		-	corporate and politic and a political subdivision of the 21
42		-	state of Missouri. 22
43		-	(2) (a) The authority shall consist of five 23
44		-	commissioners who shall be qualified voters of the state of 24
45		-	Missouri and residents of the county. The governing body 25
46		-	shall by a majority vote submit a panel of nine names to the 26
47		-	governor who shall select with the advice and consent o f the 27
48		-	senate five commissioners from such panel, no more than 28
49		-	three of which shall be of any one political party, who 29
50		-	shall constitute the members of such authority; provided, 30
51		-	however, that no elective or appointed official of any 31
52		-	political subdivisio n of the state of Missouri shall be a 32
53		-	member of the authority. 33
54		-	(b) The authority shall elect from its number a 34
55		-	chairman and may appoint such officers and employees as it 35
56		-	may require for the performance of its duties and fix and 36
57		-	determine their qualifications, duties, and compensation. 37
58		-	No action of the authority shall be binding unless taken at 38
59		-	a meeting at which at least three members are present and 39
60		-	unless a majority of the members present at such meeting 40
61		-	shall vote in favor thereof. 41
62		-	(c) Commissioners shall serve in the following 42
63		-	manner: one for two years, one for three years, one for 43
64		-	four years, one for five years, and one for six years. 44 SS SCS SB 80 3
65		-	Successors shall hold office for terms of five years, or for 45
66		-	the unexpired terms of their pre decessors. 46
67		-	(d) In the event a vacancy exists, a new panel of 47
68		-	three names shall be submitted by majority vote of the 48
69		-	governing body to the governor for appointment. All such 49
70		-	vacancies shall be filled within thirty days from the date 50
71		-	thereof. If the governing body has not submitted a panel of 51
72		-	three names to the governor within thirty days of the 52
73		-	expiration of a commissioner's term, the governor shall 53
74		-	immediately make an appointment to the authority with the 54
75		-	advice and consent of the senate. In the event the governor 55
76		-	does not appoint a replacement, no commissioner shall 56
77		-	continue to serve beyond the expiration of that 57
78		-	commissioner's term. 58
79		-	(3) The authority shall have the same powers as a 59
80		-	sports complex authority created pursuant to sec tions 64.920 60
81		-	to 64.950. 61
82		-	(4) Nothing in this section shall be construed to 62
83		-	impair the powers of any county, municipality, or other 63
84		-	political subdivision to acquire, own, operate, develop, or 64
85		-	improve any facility which an authority is given the rig ht 65
86		-	and power to own, operate, develop, or improve. 66
87		-	3. (1) A county establishing an authority pursuant to 67
88		-	this section shall be authorized to establish, by ordinance 68
89		-	or order of the county, a "Convention and Sports Complex 69
90		-	Fund", for the purposes of developing, maintaining, or 70
91		-	operating within its jurisdiction, sports, convention, 71
92		-	exhibition, or trade facilities. Such fund shall be 72
93		-	separate from the general funds of the county. 73
94		-	(2) The general assembly may annually appropriate up 74
95		-	to three million dollars from the state general revenue fund 75
96		-	to the convention and sports complex fund created pursuant 76 SS SCS SB 80 4
97		-	to this subsection, provided that the county or authority 77
98		-	has entered into a contract or lease with a professional 78
99		-	sports team affiliated with or franchised by the National 79
100		-	Football League, the National Basketball Association, the 80
101		-	National Hockey League, or the American League or the 81
102		-	National League of Major League Baseball on or after January 82
103		-	1, 2026. The convention and sports complex fund shall be 83
104		-	administered by the county and shall be used to carry out 84
105		-	the provisions of this section. 85
106		-	(3) Any county which has a convention and sports 86
107		-	complex fund established pursuant to this section shall, 87
108		-	prior to receipt of any appropriatio ns pursuant to this 88
109		-	subsection, enact or promulgate ordinances, rules, or 89
110		-	regulations which provide, pursuant to the terms and 90
111		-	provisions of section 70.859, for the purchase of goods and 91
112		-	services and for construction of capital improvements for 92
113		-	facilities administered by the authority. In no event shall 93
114		-	more than three million dollars be transferred from the 94
115		-	state to any one such convention and sports complex fund in 95
116		-	any fiscal year pursuant to this subsection. 96
117		-	(4) No appropriation of state m oneys shall be made 97
118		-	pursuant to this subsection until the county which has 98
119		-	created a convention and sports complex fund has commenced 99
120		-	paying into the convention and sports complex fund amounts 100
121		-	at a rate sufficient for the county to contribute the sum o f 101
122		-	three million dollars per calendar year. Appropriations 102
123		-	made pursuant to this subsection to any convention and 103
124		-	sports complex fund shall not exceed the amounts contributed 104
125		-	by the county to the fund. The county's proportional amount 105
126		-	specified in this subdivision may come from any source. 106
127		-	Once the county has commenced paying such appropriate 107
128		-	proportional amounts into its convention and sports complex 108 SS SCS SB 80 5
129		-	fund, the county shall so notify the state treasurer and the 109
130		-	director of revenue and, thereafter , subject to annual 110
131		-	appropriation, transfers shall commence and continue each 111
132		-	month pursuant to this subsection until such monthly 112
133		-	transfers are made for forty years. Moneys appropriated 113
134		-	from general revenue shall not be expended until the county 114
135		-	has paid three million dollars into its fund. 115
136		-	4. The county shall make an annual report to the 116
137		-	general assembly stating the condition of its convention and 117
138		-	sports complex fund and the various sums of money received 118
139		-	by the county into that fund and di stributed by the county 119
140		-	from that fund during the preceding calendar year. The 120
141		-	county shall employ a certified public accountant to conduct 121
142		-	a biennial audit of all accounts and transactions of the 122
143		-	convention and sports complex fund and may compensate such 123
144		-	accountants out of the funds. 124
145		-	67.1157. 1. For the purposes of this section, the 1
146		-	following terms shall mean: 2
147		-	(1) "New state revenues", the incremental increase in 3
148		-	the general revenue portion of the state sales tax revenues 4
149		-	generated within a project area from the operation of a 5
150		-	regional sports facility and received pursuant to section 6
151		-	144.020, excluding sales taxes that are constitutionally 7
152		-	dedicated, taxes deposited to the school district trust fund 8
153		-	in accordance with section 144.701, sales and use taxes on 9
154		-	motor vehicles, trailers, boats, and outboard motors, and 10
155		-	future sales taxes otherwise designated by law; 11
156		-	(2) "Project", the acquisition, planning, 12
157		-	construction, equipping, operation, maintenance, repair, 13
158		-	extension, and improvement of a regional sports facility, 14
159		-	and any new or existing improvements which the authority 15
160		-	determines are necessary or convenient to the acquisition, 16 SS SCS SB 80 6
161		-	planning, construction, equipping, operation, maintenance, 17
162		-	repair, extension, and improvement of a regional sports 18
163		-	facility; 19
164		-	(3) "Project area", the geographic area where a 20
165		-	project is to be located, as designated by the authority and 21
166		-	identified in its application to the department of economic 22
167		-	development; 23
168		-	(4) "Regional sports facility", a regional sports 24
169		-	facility owned or operated by an authority that is intended 25
170		-	to provide year-round sports opportunities and draw 26
171		-	participants from outside the state. 27
172		-	2. An authority may by resolution designate a project 28
173		-	area for a project. Upon such designation by the authority, 29
174		-	the project area shall be eligible for an amount not to 30
175		-	exceed fifty percent of the new state revenues estimated for 31
176		-	the businesses within the project area, as identified by the 32
177		-	authority in its application to the department of economic 33
178		-	development prior to the designation of the project area by 34
179		-	resolution, for a period not to exceed twenty years from the 35
180		-	date of completion of the project. Such amount shall be 36
181		-	subject to appropriation by the general assembly, as 37
182		-	provided in subsection 6 of this section, to the department 38
183		-	of economic development regional sports facility 39
184		-	supplemental tax fund for distribution to the treasurer or 40
185		-	other designated financial officer of the authority with an 41
186		-	approved project. 42
187		-	3. The treasurer or other designated financial officer 43
188		-	of the authority with an approved project shall deposit such 44
189		-	funds in a separate segregated account within the funds of 45
190		-	the authority. 46
191		-	4. No transfer from the general rev enue fund to the 47
192		-	Missouri regional sports facility supplemental tax fund 48 SS SCS SB 80 7
193		-	shall be made unless an appropriation is made from the 49
194		-	general revenue fund for that purpose. No authority shall 50
195		-	commit any new state revenues prior to an appropriation 51
196		-	being made for that project. Appropriations from new state 52
197		-	revenues shall not be distributed from the Missouri regional 53
198		-	sports facility supplemental tax fund to an authority unless 54
199		-	the county which has established the authority has imposed a 55
200		-	tax at the maximum rate provided by section 67.1158. 56
201		-	5. In order for a project to be eligible to receive 57
202		-	the revenue described in subsection 2 of this section, the 58
203		-	authority shall comply with the requirements of subsection 6 59
204		-	of this section prior to the time the p roject is adopted or 60
205		-	approved by resolution. The director of the department of 61
206		-	economic development and the commissioner of the office of 62
207		-	administration may waive the requirement that the 63
208		-	authority's application be submitted prior to the project's 64
209		-	adoption or approved by resolution. 65
210		-	6. The initial appropriation of up to fifty percent of 66
211		-	new state revenues authorized pursuant to subsection 2 of 67
212		-	this section shall not be made to or distributed by the 68
213		-	department of economic development to an aut hority until all 69
214		-	of the following conditions have been satisfied: 70
215		-	(1) The director of the department of economic 71
216		-	development or his or her designee and the commissioner of 72
217		-	the office of administration or his or her designee have 73
218		-	approved an application made by the authority for the 74
219		-	appropriation of new state revenues. The authority shall 75
220		-	include in the application the following items: 76
221		-	(a) A description of the project; 77
222		-	(b) A description of the project area, including the 78
223		-	businesses currently identified within the project area and 79 SS SCS SB 80 8
224		-	the anticipated businesses within the project area upon 80
225		-	completion of the project; 81
226		-	(c) The base year of state sales tax revenues within 82
227		-	the project area prior to approval of the project; 83
228		-	(d) An estimate of the incremental increase in the 84
229		-	general revenue portion of state sales tax revenue within 85
230		-	the project area after completion of the project; 86
231		-	(e) The name, street and mailing address, and phone 87
232		-	number of the chairman of the authority; 88
233		-	(f) The street address or other means of identifying 89
234		-	each parcel of property within the project area; 90
235		-	(g) The estimated costs of development of the project; 91
236		-	(h) The anticipated sources of funds to pay such costs 92
237		-	of development of the pr oject; 93
238		-	(i) Evidence of commitment to finance such costs of 94
239		-	development of the project and the anticipated type and 95
240		-	terms of such financing; 96
241		-	(j) The anticipated type and terms of any obligations 97
242		-	to be issued by the authority pursuant to subdi vision (6) of 98
243		-	section 67.1155 to finance all or any portion of the project; 99
244		-	(k) The general land uses to apply in the project area; 100
245		-	(l) The total number of individuals anticipated to be 101
246		-	employed in the project area as a result of the project, 102
247		-	broken down by full-time, part-time, and temporary positions; 103
248		-	(m) The total number of full -time equivalent positions 104
249		-	anticipated to be created within the project area upon 105
250		-	completion of the project; 106
251		-	(n) The average hourly wage to be paid to all new 107
252		-	employees within the project area, broken down by full -time, 108
253		-	part-time, and temporary positions; 109
254		-	(o) A list of other community and economic benefits to 110
255		-	result from the project; 111 SS SCS SB 80 9
256		-	(p) A list of all development subsidies that any 112
257		-	business benefitted from public expenditures within the 113
258		-	project area has requested for the project, and the name of 114
259		-	any other granting body from which such subsidies are sought; 115
260		-	(q) A list of all other public investments made or to 116
261		-	be made by this stat e or units of local government to 117
262		-	support infrastructure or other needs generated by the 118
263		-	project for which the funding pursuant to this section is 119
264		-	being sought; 120
265		-	(r) A market study for the project area; and 121
266		-	(s) A certification by the chairman of the authority 122
267		-	as to the accuracy of the information contained in the 123
268		-	application; 124
269		-	(2) The methodologies used in the application for 125
270		-	determining the base year and determining the estimate of 126
271		-	the incremental increase in the general revenue port ion of 127
272		-	the state sales tax revenues shall be approved by the 128
273		-	director of the department of economic development or his or 129
274		-	her designee and the commissioner of the office of 130
275		-	administration or his or her designee. Upon approval of the 131
276		-	application, the director of the department of economic 132
277		-	development or his or her designee and the commissioner of 133
278		-	the office of administration or his or her designee shall 134
279		-	issue a certificate of approval. The department of economic 135
280		-	development may request the appropr iation following 136
281		-	application approval; and 137
282		-	(3) The appropriation shall be a portion of the 138
283		-	estimate of the incremental increase in the general revenue 139
284		-	portion of state sales tax revenues in the project area as 140
285		-	indicated in the authority's applica tion, approved by the 141
286		-	director of the department of economic development or his or 142
287		-	her designee and the commissioner of the office of 143 SS SCS SB 80 10
288		-	administration or his or her designee. At no time shall the 144
289		-	annual amount of new state revenues approved for 145
290		-	disbursements from the Missouri regional sports facility 146
291		-	supplemental tax fund for approved projects exceed ten 147
292		-	million dollars. At no time shall a single project receive 148
293		-	an annual appropriation pursuant to this section that 149
294		-	exceeds five million dollars. 150
295		-	67.3000. 1. As used in this section and section 1
296		-	67.3005, the following words shall mean: 2
297		-	(1) "Active member", an organization located in the 3
298		-	state of Missouri which solicits and services sports events, 4
299		-	sports organizations, a nd other types of sports -related 5
300		-	activities in that community; 6
301		-	(2) "Applicant" or "applicants", one or more certified 7
302		-	sponsors, endorsing counties, endorsing municipalities, or a 8
303		-	local organizing committee, acting individually or 9
304		-	collectively; 10
305		-	(3) "Certified sponsor" or "certified sponsors", a 11
306		-	nonprofit organization which is an active member of the 12
307		-	[National Association of Sports Commissions ] Sports Events 13
308		-	and Tourism Association ; 14
309		-	(4) "Department", the Missouri department of economi c 15
310		-	development; 16
311		-	(5) "Director", the director of revenue; 17
312		-	(6) ["Eligible costs" shall include: 18
313		-	(a) Costs necessary for conducting the sporting event; 19
314		-	(b) Costs relating to the preparations necessary for 20
315		-	the conduct of the sporting e vent; and 21
316		-	(c) An applicant's pledged obligations to the site 22
317		-	selection organization as evidenced by the support contract 23
318		-	for the sporting event including, but not limited to, bid 24
319		-	fees and financial guarantees. 25 SS SCS SB 80 11
320		-	Eligible costs shall not include any cost associated with 26
321		-	the rehabilitation or construction of any facilities used to 27
322		-	host the sporting event or direct payments to a for -profit 28
323		-	site selection organization, but may include costs 29
324		-	associated with the retrofitting of a facility necessary to 30
325		-	accommodate the sporting event; 31
326		-	(7)] "Eligible donation", donations received, by a 32
327		-	certified sponsor or local organizing committee, from a 33
328		-	taxpayer that may include cash, publicly traded stocks and 34
329		-	bonds, and real estate that will be valued and d ocumented 35
330		-	according to rules promulgated by the department. Such 36
331		-	donations shall be used solely to provide funding to attract 37
332		-	sporting events to this state; 38
333		-	[(8)] (7) "Endorsing municipality" or "endorsing 39
334		-	municipalities", any city, town, incorp orated village, or 40
335		-	county that contains a site selected by a site selection 41
336		-	organization for one or more sporting events; 42
337		-	[(9)] (8) "Joinder agreement", an agreement entered 43
338		-	into by one or more applicants, acting individually or 44
339		-	collectively, and a site selection organization setting out 45
340		-	representations and assurances by each applicant in 46
341		-	connection with the selection of a site in this state for 47
342		-	the location of a sporting event; 48
343		-	[(10)] (9) "Joinder undertaking", an agreement entered 49
344		-	into by one or more applicants, acting individually or 50
345		-	collectively, and a site selection organization that each 51
346		-	applicant will execute a joinder agreement in the event that 52
347		-	the site selection organization selects a site in this state 53
348		-	for a sporting event; 54
349		-	[(11)] (10) "Local organizing committee", a nonprofit 55
350		-	corporation or its successor in interest that: 56 SS SCS SB 80 12
351		-	(a) Has been authorized by one or more certified 57
352		-	sponsors, endorsing municipalities, or endorsing counties, 58
353		-	acting individually or collecti vely, to pursue an 59
354		-	application and bid on its or the applicant's behalf to a 60
355		-	site selection organization for selection as the host of one 61
356		-	or more sporting events; or 62
357		-	(b) With the authorization of one or more certified 63
358		-	sponsors, endorsing municipa lities, or endorsing counties, 64
359		-	acting individually or collectively, executes an agreement 65
360		-	with a site selection organization regarding a bid to host 66
361		-	one or more sporting events; 67
362		-	(11) "Participant registration fee", any fee charged 68
363		-	to a team or organization to participate in a sporting 69
364		-	event, including, but not limited to, team entry fees, 70
365		-	competition fees, or similar payments required for 71
366		-	participation. Such fees shall qualify as an eligible cost 72
367		-	for purposes of receiving tax credits pursuant to this 73
368		-	section; 74
369		-	(12) "Registered participant", an individual who is 75
370		-	registered to compete in a sporting event, or an athlete, 76
371		-	coach, or other individual who is part of a team's official 77
372		-	contingent with an official capacity for such sporting eve nt; 78
373		-	(13) "Site selection organization", the National 79
374		-	Collegiate Athletic Association (NCAA); an NCAA member 80
375		-	conference, university, or institution; the National 81
376		-	Association of Intercollegiate Athletics (NAIA); the United 82
377		-	States Olympic & Paralympic Committee [(USOC)] (USOPC); a 83
378		-	national governing body (NGB) or international federation of 84
379		-	a sport recognized by the [USOC] USOPC; the United States 85
380		-	Golf Association (USGA); the United States Tennis 86
381		-	Association (USTA); the Amateur Athletic Union (AA U); the 87
382		-	National Christian College Athletic Association (NCCAA); the 88 SS SCS SB 80 13
383		-	National Junior College Athletic Association (NJCAA); the 89
384		-	United States Sports Specialty Association (USSSA); any 90
385		-	rights holder member of the [National Association of Sports 91
386		-	Commissions (NASC)] Sports Events and Tourism Association 92
387		-	(Sports ETA); other major regional, national, and 93
388		-	international sports associations, and amateur organizations 94
389		-	that promote, organize, or administer sporting games or 95
390		-	competitions; or other major region al, national, and 96
391		-	international organizations that promote or organize 97
392		-	sporting events; 98
393		-	[(13)] (14) "Sporting event" or "sporting events", an 99
394		-	amateur, collegiate, or Olympic sporting event that is 100
395		-	competitively bid or is awarded by a site selecti on 101
396		-	organization; 102
397		-	[(14)] (15) "Support contract" or "support contracts", 103
398		-	an event award notification, joinder undertaking, joinder 104
399		-	agreement, or contract executed by an applicant and a site 105
400		-	selection organization; 106
401		-	[(15)] (16) "Tax credit" or "tax credits", a credit or 107
402		-	credits issued by the department against the tax otherwise 108
403		-	due under chapter 143 or 148, excluding withholding tax 109
404		-	imposed under sections 143.191 to 143.265; 110
405		-	[(16)] (17) "Taxpayer", any of the following 111
406		-	individuals or entities who make an eligible donation: 112
407		-	(a) A person, firm, partner in a firm, corporation, or 113
408		-	a shareholder in an S corporation doing business in the 114
409		-	state of Missouri and subject to the state income tax 115
410		-	imposed under chapter 143; 116
411		-	(b) A corporation subject to the annual corporation 117
412		-	franchise tax imposed under chapter 147; 118
413		-	(c) An insurance company paying an annual tax on its 119
414		-	gross premium receipts in this state; 120 SS SCS SB 80 14
415		-	(d) Any other financial institution paying taxes to 121
416		-	the state of Missouri or any political subdivision of this 122
417		-	state under chapter 148; 123
418		-	(e) An individual subject to the state income tax 124
419		-	imposed under chapter 143; 125
420		-	(f) Any charitable organization which is exempt from 126
421		-	federal income tax and whose Missouri unr elated business 127
422		-	taxable income, if any, would be subject to the state income 128
423		-	tax imposed under chapter 143. 129
424		-	2. An applicant may submit a copy of a support 130
425		-	contract for a sporting event to the department. Within 131
426		-	sixty days of receipt of the sport ing event support 132
427		-	contract, the department may review the applicant's support 133
428		-	contract and certify such support contract if it complies 134
429		-	with the requirements of this section. Upon certification 135
430		-	of the support contract by the department, the applicant may 136
431		-	be authorized to receive the tax credit under subsection 4 137
432		-	of this section. 138
433		-	3. No more than ninety days following the conclusion 139
434		-	of the sporting event, the applicant shall submit [eligible 140
435		-	costs and documentation of the costs evidenced by rec eipts, 141
436		-	paid invoices, event settlements, or other documentation in 142
437		-	a manner prescribed by the department. Eligible costs may 143
438		-	be paid by the applicant or an entity cohosting the event 144
439		-	with the applicant] a ticket sales or box office statement 145
440		-	verifying the total number of tickets sold for such event, 146
441		-	or, if such event was participant -based, a list of all 147
442		-	registered participants, including documentation verifying 148
443		-	the participant registration fees, if applicable, paid by 149
444		-	teams or organizations, calcu lated by dividing the total 150
445		-	team entry fee by the number of registered participants on 151
446		-	each team. 152 SS SCS SB 80 15
447		-	4. (1) [No later than seven days following the 153
448		-	conclusion of the sporting event, the department, in 154
449		-	consultation with the director, shall determine the total 155
450		-	number of tickets sold at face value for such event or, if 156
451		-	such event was participant -based and did not sell admission 157
452		-	tickets, the total number of paid participant registrations. 158
453		-	(2)] No later than sixty days following the receipt of 159
454		-	[eligible costs and] documentation of [such costs] ticket 160
455		-	sales or registered participants from the applicant as 161
456		-	required in subsection 3 of this section, the department 162
457		-	shall, except for the limitations under subsection 5 of this 163
458		-	section, issue a certificate for a refundable tax credit to 164
459		-	the applicant for [the least of]: 165
460		-	(a) [One hundred percent of eligible costs incurred by 166
461		-	the applicant; 167
462		-	(b)] An amount equal to [five] six dollars for every 168
463		-	admission ticket sold to such event; or 169
464		-	[(c)] (b) An amount equal to [ten] twelve dollars for 170
465		-	every [paid] registered participant [registration] if such 171
466		-	event was participant -based [and did not sell admission 172
467		-	tickets]. 173
468		-	The calculations under paragraphs [(b)] (a) and [(c)] (b) of 174
469		-	this subdivision shall use the actual number of tickets sold 175
470		-	or [registrations paid] registered participants , not an 176
471		-	estimated amount. 177
472		-	(2) The department of revenue shall issue a refund of 178
473		-	the refundable tax credit to the applicant within ninety 179
474		-	days of the applicant's submission of a valid tax credit 180
475		-	certificate issued in accordance with subdivision (1) of 181
476		-	this subsection. Notwithstanding any provision of law to 182 SS SCS SB 80 16
477		-	the contrary, this may include a refund issued in advance of 183
478		-	the close of the tax period to which the tax credit applies. 184
479		-	(3) Tax credits authorized by this section may be 185
480		-	claimed against taxes imposed by chapters 143 and 148 [and 186
481		-	shall be claimed within one year of the close of the tax 187
482		-	year for which the credits were issued ]. Tax credits 188
483		-	authorized by this section [may] shall not be transferred, 189
484		-	sold, or assigned [by filing a notarized endorsement thereof 190
485		-	with the department that names the transferee, the amount of 191
486		-	tax credit transferred, and the value received for the 192
487		-	credit, as well as any other information reasonably 193
488		-	requested by the department ]. Notwithstanding any provision 194
489		-	of law to the contrary, tax credits authorized by this 195
490		-	section may be refunded at any time following issuance, even 196
491		-	prior to the close of the tax peri od for which the credits 197
492		-	were issued. An erroneous, excessive, or improper refund of 198
493		-	these tax credits shall be considered an underpayment of tax 199
494		-	on the date made. If any applicant is issued tax credits 200
495		-	pursuant to this section that are refunded to s uch 201
496		-	applicant, but the department of revenue later determines 202
497		-	that the applicant receiving the credits owes or owed taxes 203
498		-	that were not paid for the tax year for which the tax credit 204
499		-	was issued, such applicant shall pay to the department of 205
500		-	revenue the applicant's tax liability still due, including 206
501		-	any underpayment caused by the erroneous, excessive, or 207
502		-	improper refund of these tax credits. The department of 208
503		-	revenue may promulgate such rules as are necessary to 209
504		-	administer such clawback provisions under this subdivision. 210
505		-	5. In no event shall the amount of tax credits issued 211
506		-	by the department under subsection 4 of this section exceed 212
507		-	[three] six million dollars in any fiscal year. For all 213
508		-	events located within the following counties, the to tal 214 SS SCS SB 80 17
509		-	amount of tax credits issued shall not exceed [two] five 215
510		-	million [seven] five hundred thousand dollars in any fiscal 216
511		-	year: 217
512		-	(1) A county with a charter form of government and 218
513		-	with more than six hundred thousand inhabitants; or 219
514		-	(2) A city not within a county. 220
515		-	6. An applicant shall provide any information 221
516		-	necessary as determined by the department for the department 222
517		-	and the director to fulfill the duties required by this 223
518		-	section. At any time upon the request of the state of 224
519		-	Missouri, a certified sponsor shall subject itself to an 225
520		-	audit conducted by the state. 226
521		-	7. This section shall not be construed as creating or 227
522		-	requiring a state guarantee of obligations imposed on an 228
523		-	endorsing municipality under a support contract or any other 229
524		-	agreement relating to hosting one or more sporting events in 230
525		-	this state. 231
526		-	8. The department shall only certify an applicant's 232
527		-	support contract for a sporting event in which the site 233
528		-	selection organization has yet to select a location for the 234
529		-	sporting event as of December 1, 2012. No support contract 235
530		-	shall be certified unless the site selection organization 236
531		-	has chosen to use a location in this state from competitive 237
532		-	bids, at least one of which was a bid for a location outside 238
533		-	of this state, except that competitive bids shall not be 239
534		-	required for any previously -awarded event whose site 240
535		-	selection organization extends its contractual agreement 241
536		-	with the event's certified sponsor or for any [post-season] 242
537		-	neutral-site collegiate [football game or other neutral- 243
538		-	site] game with at least one out -of-state team. Support 244
539		-	contracts shall not be certified by the department after 245
540		-	August 28, [2025] 2032, provided that the support contracts 246 SS SCS SB 80 18
541		-	may be certified on or prior to August 28, [2025] 2032, for 247
542		-	sporting events that will be held after such date. 248
543		-	9. The department may promulgate rules as necessary to 249
544		-	implement the provisions of this section. Any rule or 250
545		-	portion of a rule, as that term is defined in section 251
546		-	536.010, that is created unde r the authority delegated in 252
547		-	this section shall become effective only if it complies with 253
548		-	and is subject to all of the provisions of chapter 536 and, 254
549		-	if applicable, section 536.028. This section and chapter 255
550		-	536 are nonseverable and if any of the power s vested with 256
551		-	the general assembly pursuant to chapter 536 to review, to 257
552		-	delay the effective date, or to disapprove and annul a rule 258
553		-	are subsequently held unconstitutional, then the grant of 259
554		-	rulemaking authority and any rule proposed or adopted after 260
555		-	August 28, 2013, shall be invalid and void. 261
556		-	10. The repeal and reenactment of subsection 8 of this 262
557		-	section shall become effective August 28, 2025, and the 263
558		-	repeal and reenactment of the remainder of the provisions of 264
559		-	this section shall become effec tive July 1, 2026, and shall 265
560		-	apply only to tax credits issued on or after July 1, 2026. 266
561		-	67.3005. 1. For all tax years beginning on or after 1
562		-	January 1, 2013, any taxpayer shall be allowed a credit 2
563		-	against the taxes otherwise due unde r chapter 143, 147, or 3
564		-	148, excluding withholding tax imposed by sections 143.191 4
565		-	to 143.265, in an amount equal to fifty percent of the 5
566		-	amount of an eligible donation, subject to the restrictions 6
567		-	in this section. The amount of the tax credit claimed shall 7
568		-	not exceed the amount of the taxpayer's state income tax 8
569		-	liability in the tax year for which the credit is claimed. 9
570		-	Any amount of credit that the taxpayer is prohibited by this 10
571		-	section from claiming in a tax year shall not be refundable, 11 SS SCS SB 80 19
572		-	but may be carried forward to any of the taxpayer's two 12
573		-	subsequent tax years. 13
574		-	2. To claim the credit authorized in this section, a 14
575		-	certified sponsor or local organizing committee shall submit 15
576		-	to the department an application for the tax credit 16
577		-	authorized by this section on behalf of taxpayers. The 17
578		-	department shall verify that the applicant has submitted the 18
579		-	following items accurately and completely: 19
580		-	(1) A valid application in the form and format 20
581		-	required by the department; 21
582		-	(2) A statement attesting to the eligible donation 22
583		-	received, which shall include the name and taxpayer 23
584		-	identification number of the individual making the eligible 24
585		-	donation, the amount of the eligible donation, and the date 25
586		-	the eligible donation was received; and 26
587		-	(3) Payment from the certified sponsor or local 27
588		-	organizing committee equal to the value of the tax credit 28
589		-	for which application is made. 29
590		-	If the certified sponsor or local organizing committee 30
591		-	applying for the tax credit meets all criteria required by 31
592		-	this subsection, the department shall issue a certificate in 32
593		-	the appropriate amount. 33
594		-	3. Tax credits issued under this section may be 34
595		-	assigned, transferred, sold, or otherwise conveyed, and the 35
596		-	new owner of the tax credit shall have the same righ ts in 36
597		-	the credit as the taxpayer. Whenever a certificate is 37
598		-	assigned, transferred, sold, or otherwise conveyed, a 38
599		-	notarized endorsement shall be filed with the department 39
600		-	specifying the name and address of the new owner of the tax 40
601		-	credit or the value of the credit. In no event shall the 41
602		-	amount of tax credits issued by the department under this 42 SS SCS SB 80 20
603		-	section exceed [ten million] five hundred thousand dollars 43
604		-	in any fiscal year. 44
605		-	4. The department shall promulgate rules to implement 45
606		-	the provisions of this section. Any rule or portion of a 46
607		-	rule, as that term is defined in section 536.010, that is 47
608		-	created under the authority delegated in this section shall 48
609		-	become effective only if it complies with and is subject to 49
610		-	all of the provisions of chapter 536 and, if applicable, 50
611		-	section 536.028. This section and chapter 536 are 51
612		-	nonseverable and if any of the powers vested with the 52
613		-	general assembly pursuant to chapter 536 to review, to delay 53
614		-	the effective date, or to disapprove and annul a rule are 54
615		-	subsequently held unconstitutional, then the grant of 55
616		-	rulemaking authority and any rule proposed or adopted after 56
617		-	August 28, 2013, shall be invalid and void. 57
618		-	5. Under section 23.253 of the Missouri sunset act: 58
619		-	(1) The provisions of the new prog ram authorized under 59
620		-	this section and section 67.3000 [and under this section ] 60
621		-	shall automatically sunset six years after August 28, [2019] 61
622		-	2026, unless reauthorized by an act of the general assembly; 62
623		-	and 63
624		-	(2) If such program is reauthorized, the program 64
625		-	authorized under this section and section 67.3000 [and under 65
626		-	this section] shall automatically sunset twelve years after 66
627		-	the effective date of the reauthorization of these sections; 67
628		-	and 68
629		-	(3) Section 67.3000 and this section shall terminate 69
630		-	on September first of the calendar year immediately 70
631		-	following the calendar year in which the program authorized 71
632		-	under these sections is sunset. 72
633		-	6. The repeal and reenactment of subsection 5 of this 73
634		-	section shall become effective August 28, 2025, and the 74 SS SCS SB 80 21
635		-	repeal and reenactment of the remainder of the provisions of 75
636		-	this section shall become effective July 1, 2026, and shall 76
637		-	apply only to tax credits issued on or after July 1, 2026. 77
	14	+	Section A. Section 173.280, RSMo, is repealed and two new 1
	15	+	sections enacted in lieu thereof, to be known as sections 2
	16	+	167.750 and 173.280, to read as follows:3
638	17		167.750. 1. As used in this section, the following 1
639	18		terms mean: 2
640	19		(1) "High school athlete", an individual who is 3
641	20		eligible to participate in, participates in, or has 4
642	21		participated in an interscholastic sport on an 5
643	22		interscholastic athletic team in this state that is 6
644	23		sponsored by a public school or by a private school whose 7
645	24		students compete against a public school's students; 8
646		-	(2) "Private school", as defined in section 166.700; 9
647		-	(3) "Public school", as defined in section 160.011. 10
648		-	2. A high school athlete may earn or attempt to earn 11
649		-	compensation from the use of such athlete's name, image, 12
650		-	likeness rights, or athletic reputation as provided in this 13
651		-	section and section 173.280, subject to the following: 14
652		-	(1) A high school athlete shall have the right to 15
653		-	discuss earning or attempting to earn such compensation 16
654		-	before signing an athletic letter of intent or other written 17
655		-	agreement only when having discussions about potential 18
656		-	enrollment with a postsecondary educational institution in 19
657		-	this state; and 20
658		-	(2) A high school athlete shall have the right to earn 21
659		-	or attempt to earn such compensation only after signing an 22
660		-	athletic letter of intent or other written agreement to 23
661		-	enroll in a postsecondary educational institution in this 24
662		-	state. 25
663		-	3. The discussion of, or ear ning or attempting to 26
664		-	earn, compensation from the use of such high school 27
665		-	athlete's name, image, likeness rights, or athletic 28
666		-	reputation as provided in this section and section 173.280 29 SS SCS SB 80 22
667		-	shall not be construed to be a violation of any rules or 30
668		-	regulations a high school student or a high school is 31
669		-	required to follow to maintain and protect a high school 32
670		-	athlete's high school eligibility to participate in high 33
671		-	school athletics in this state. 34
	25	+	(2) "Private school", the same definition as in 9
	26	+	section 166.700; 10
	27	+	(3) "Public school", the same definition as i n section 11
	28	+	160.011. 12
	29	+	2. A high school athlete may earn or attempt to earn 13
	30	+	compensation from the use of such athlete's name, image, 14
	31	+	likeness rights, or athletic reputation as provided in this 15
	32	+	section and section 173.280, subject to the following: 16 SCS SB 80 2
	33	+	(1) A high school athlete shall have the right to 17
	34	+	discuss earning or attempting to earn such compensation 18
	35	+	before signing an athletic letter of intent or other written 19
	36	+	agreement only when having discussions about potential 20
	37	+	enrollment with a postseco ndary educational institution in 21
	38	+	this state; and 22
	39	+	(2) A high school athlete shall have the right to earn 23
	40	+	or attempt to earn such compensation only after signing an 24
	41	+	athletic letter of intent or other written agreement to 25
	42	+	enroll in a postsecondary e ducational institution in this 26
	43	+	state. 27
	44	+	3. The discussion of, or earning or attempting to 28
	45	+	earn, compensation from the use of such high school 29
	46	+	athlete's name, image, likeness rights, or athletic 30
	47	+	reputation as provided in this section and section 173 .280 31
	48	+	shall not be construed to be a violation of any rules or 32
	49	+	regulations a high school student or a high school is 33
	50	+	required to follow to maintain and protect a high school 34
	51	+	athlete's high school eligibility to participate in high 35
	52	+	school athletics in t his state. 36
672	53		173.280. 1. As used in this section, the following 1
673	54		terms mean: 2
674	55		(1) "Institutional marketing associate", any third - 3
675	56		party entity that enters into an agreement with a 4
676	57		postsecondary educational institution or its interc ollegiate 5
677	58		athletics or sports program to market and/or promote the 6
678	59		postsecondary educational institution or its intercollegiate 7
679	60		athletics or sports program, or to otherwise act on behalf 8
680	61		of the postsecondary educational institution or the 9
681	62		postsecondary educational institution's intercollegiate 10
682	63		athletics or sports program. This term does not include a 11
683		-	regulatory body, postsecondary educational institution, 12
	64	+	regulatory body, postsecondary educational institution, 12 SCS SB 80 3
684	65		postsecondary educational institution staff member, or their 13
685	66		respective officers, directors, managers, owners, or 14
686	67		employees; 15
687	68		(2) "Postsecondary educational institution", any 16
688	69		campus of a public or private institution of higher 17
689	70		education in this state that is subject to the coordinating 18
690	71		board for higher education under section 173.005; 19
691	72		(3) "Student athlete", an individual who is eligible 20
692	73		to participate in, participates in, or has participated in 21
693	74		an intercollegiate sport for a postsecondary educational 22
694	75		institution. Student athlete shall not be construed to 23
695	76		apply to an individual's participation in a college 24
696	77		intramural sport or in a professional sport outside of 25
697		-	intercollegiate athletics; 26 ~~SS SCS SB 80 23~~
	78	+	intercollegiate athletics; 26
698	79		(4) "Third party", any individual or entity, including 27
699	80		any athlete agent, other than a postsecondary educational 28
700	81		institution, athletic c onference, or athletic association. 29
701	82		2. (1) No postsecondary educational institution shall 30
702	83		uphold any rule, requirement, standard, or other limitation 31
703	84		of an athletic association or athletic conference that 32
704	85		prevents a student of that institution fr om fully 33
705	86		participating in intercollegiate athletics without penalty 34
706	87		and earning compensation as a result of the use of the 35
707	88		student's name, image, likeness rights, or athletic 36
708	89		reputation. A student athlete earning compensation from the 37
709	90		use of a student's name, image, likeness rights, or athletic 38
710	91		reputation shall not affect such student athlete's grant -in- 39
711	92		aid or stipend eligibility, amount, duration, or renewal. 40
712	93		(2) No postsecondary educational institution shall 41
713	94		interfere with or prevent a stud ent from fully participating 42
714	95		in intercollegiate athletics or obtaining professional 43
715		-	representation in relation to contracts or legal matters 44
	96	+	representation in relation to contracts or legal matters 44 SCS SB 80 4
716	97		relating to earning compensation as a result of the use of 45
717	98		the student athlete's name, image, likeness rights, or 46
718	99		athletic reputation, including, but not limited to, 47
719	100		representation provided by athlete agents, financial 48
720	101		advisors, or legal representation provided by attorneys. 49
721	102		3. A grant-in-aid or stipend from the postsecondary 50
722	103		educational institution in wh ich a student is enrolled shall 51
723	104		not be construed to be compensation for use of the student's 52
724	105		name, image, likeness rights, or athletic reputation for 53
725	106		purposes of this section, and no grant -in-aid or stipend 54
726	107		shall be revoked or reduced as a result of a student earning 55
727	108		compensation under this section. 56
728	109		4. (1) No student athlete shall enter into an 57
729		-	apparel, equipment, or beverage contract providing 58 ~~SS SCS SB 80 24~~
	110	+	apparel, equipment, or beverage contract providing 58
730	111		compensation to the athlete for use of the athlete's name, 59
731	112		image, likeness rights, or athletic repu tation if the 60
732	113		contract requires the athlete to display a sponsor's 61
733	114		apparel, equipment, or beverage or otherwise advertise for 62
734	115		the sponsor during official team activities if such 63
735	116		provisions are in conflict with a provision of the 64
736	117		postsecondary educatio nal institution's current licenses or 65
737	118		contracts. 66
738	119		(2) (a) Except with the prior written consent of the 67
739	120		student athlete's postsecondary educational institution, a 68
740	121		student athlete shall not enter into a contract for 69
741	122		compensation for the use of such student athlete's name, 70
742	123		image, likeness rights, or athletic reputation, if such 71
743	124		institution determines that a term of the contract conflicts 72
744	125		with a term of a contract to which such institution is a 73
745	126		party. 74
746	127		(b) A postsecondary educational institut ion or any 75
747		-	officer, director, or employee of such institution, 76
	128	+	officer, director, or employee of such institution, 76 SCS SB 80 5
748	129		including but not limited to a coach, member of the coaching 77
749	130		staff, or any individual associated with the institution's 78
750	131		athletic department, shall have the right to identify, 79
751	132		create, facilitate, negotiate, support, enable, or otherwise 80
752	133		assist with opportunities for a student athlete to earn 81
753	134		compensation from a third party, including an institutional 82
754	135		marketing associate, for the use of the student athlete's 83
755	136		name, image, likeness rights, or athletic reputation, 84
756	137		provided that such individual shall not: 85
757	138		a. Receive compensation from the student athlete or a 86
758	139		third party for facilitating, enabling, or assisting with 87
759	140		such opportunities; 88
760	141		b. Attempt to influence an athlete's choice of 89
761		-	professional representation related to such opportunities; or 90 ~~SS SCS SB 80 25~~
	142	+	professional representation related to such opportunities; or 90
762	143		c. Attempt to reduce such athlete's opportunities from 91
763	144		competing third parties. 92
764	145		(c) The provisions of this section shall not be 93
765	146		construed to qualify a student athlete as an emp loyee of a 94
766	147		postsecondary educational institution. 95
767	148		(3) Before any contract for compensation for the use 96
768	149		of a student athlete's name, image, likeness rights, or 97
769	150		athletic reputation, or for professional representation, is 98
770	151		executed, and before any co mpensation is provided to the 99
771	152		student athlete in advance of a contract, the student 100
772	153		athlete shall disclose that contract to his or her 101
773	154		postsecondary educational institution in a manner prescribed 102
774	155		by such institution. 103
775	156		(4) A postsecondary education al institution or any 104
776	157		officer, director, or employee of such institution shall not 105
777	158		compensate a student athlete, prospective student athlete, 106
778	159		or the family of such individuals, for the use of such 107
779		-	student athlete or prospective student athlete's name, 108
	160	+	student athlete or prospective student athlete's name, 108 SCS SB 80 6
780	161		image, likeness rights, or athletic reputation, unless 109
781	162		otherwise permitted by institutional policy and a collegiate 110
782	163		athletics association that the postsecondary educational 111
783	164		institution is a member of. 112
784	165		(5) (a) As used in this subdivision, "unique 113
785	166		identifier" means any of the following developed or adopted 114
786	167		for marketing or promotional purposes by a postsecondary 115
787	168		educational institution or a third party: 116
788	169		a. Seal; 117
789	170		b. Logo; 118
790	171		c. Emblem; 119
791	172		d. Motto; 120
792	173		e. Special symbol; 121
793		-	f. Institutional colors; 122 ~~SS SCS SB 80 26~~
	174	+	f. Institutional colors; 122
794	175		g. Modifier or descriptor; 123
795	176		h. Design; 124
796	177		i. Patentable or copyrightable item, material, or 125
797	178		information; or 126
798	179		j. Other item, material, or information that 127
799	180		identifies and is recognizable as unique to such 128
800	181		postsecondary educational institution or third party. 129
801	182		(b) A postsecondary educational institution or a third 130
802	183		party shall develop and adopt a process for granting to a 131
803	184		student athlete, or to a third party for use with a student 132
804	185		athlete, a license to use such institution's or third - 133
805	186		party's unique identifiers when earning or attempting to 134
806	187		earn compensation from the use of such student athlete's 135
807	188		name, image, likeness rights, or athletic reputation 136
808	189		consistent with its policies regarding licensing of its 137
809		-	unique identifiers. 138
	190	+	unique identifiers. 138 SCS SB 80 7
810	191		(c) A postsecondary educational institution or a third 139
811	192		party may charge a reasonable fee for a license to use a 140
812	193		unique identifier under this subdivision. 141
813	194		(d) A postsecondary educational institution, or a 142
814	195		third party, may impose requirements that a student athlete 143
815	196		granted a license under this subdivision refrain from using 144
816	197		such unique identifier in a manner that the institution in 145
817	198		its sole discretion determines: 146
818	199		a. Is reasonably considered to be inconsistent with 147
819	200		such institution's or third -party's values or mission; 148
820	201		b. Adversely affects such institution's or third - 149
821	202		party's image; 150
822	203		c. Negatively impacts or inappropriately reflects upon 151
823	204		the reputation or religious, moral, or ethical standards of 152
824		-	such institution or third party; 153 ~~SS SCS SB 80 27~~
	205	+	such institution or third party; 153
825	206		d. Violates such institution's or third -party's code 154
826	207		of conduct or similar requirements; or 155
827	208		e. Conflicts with a provision of such institution's or 156
828	209		third-party's current licenses or contracts. 157
829	210		5. No contract of a postsecondary educational 158
830	211		institution's athletic program shall prevent a student 159
831	212		athlete from receiving compensation for using the student 160
832	213		athlete's name, image, likeness rights, or athletic 161
833	214		reputation for a commercial purpose when the athlete is no t 162
834	215		engaged in official mandatory team activities that are 163
835	216		recorded in writing and can be made publicly available upon 164
836	217		request. 165
837	218		6. (1) If a private postsecondary educational 166
838	219		institution collects, retains, or maintains the terms of a 167
839	220		student athlete's contract or proposed contract detailing 168
840	221		compensation to such student athlete for the use of such 169
841		-	student athlete's name, image, likeness, or athletic 170
	222	+	student athlete's name, image, likeness, or athletic 170 SCS SB 80 8
842	223		reputation, such postsecondary educational institution shall 171
843	224		consider such contract terms to be s tudent-governed by the 172
844	225		Family Education Rights and Privacy Act (FERPA). 173
845	226		(2) The terms of a contract or proposed contract 174
846	227		detailing compensation to a student athlete for the use of 175
847	228		such student athlete's name, image, likeness, or athletic 176
848	229		reputation shall be deemed a closed record under chapter 177
849	230		610. A public postsecondary educational institution subject 178
850	231		to this subsection may withhold or refuse to release or 179
851	232		otherwise disclose such contract terms without seeking a 180
852	233		formal opinion of the attorne y general of this state as 181
853	234		authorized in section 610.027. 182
854	235		7. (1) No compensation to a student athlete for 183
855	236		earning or attempting to earn compensation from the use of 184
856		-	such student athlete's name, image, likeness rights, or 185 ~~SS SCS SB 80 28~~
	237	+	such student athlete's name, image, likeness rights, or 185
857	238		athletic reputation shal l be conditioned on such student 186
858	239		athlete's athletic performance. Those providing 187
859	240		compensation to a student athlete for the use of his or her 188
860	241		name, image, likeness rights, or athletic reputation shall 189
861	242		have the right to condition payment of that compens ation on 190
862	243		a student athlete's attendance at a particular postsecondary 191
863	244		educational institution. 192
864	245		(2) A charitable organization that qualifies as an 193
865	246		exempt organization under 26 U.S.C. Section 501(c)(3), as 194
866	247		amended, shall have the right to compensat e a student 195
867	248		athlete for the commercial use of the student athlete's 196
868	249		name, image, likeness rights, or athletic reputation. 197
869	250		(3) Notwithstanding any rule of an athletic 198
870	251		association, athletic conference, or any other organization 199
871	252		with authority over varsity intercollegiate athletics, 200
872	253		institutional marketing associates shall have the right to 201
873		-	compensate a student athlete for the commercial use of the 202
	254	+	compensate a student athlete for the commercial use of the 202 SCS SB 80 9
874	255		student athlete's name, image, likeness rights, or athletic 203
875	256		reputation. This includes the right to compensate a student 204
876	257		athlete for the commercial use of the student athlete's 205
877	258		name, image, or likeness rights in connection with the 206
878	259		promotion of athletic events in which the student athlete 207
879	260		will or may participate, the promotion of the postsecondary 208
880	261		educational institution the student athlete attends, and the 209
881	262		promotion of the postsecondary educational institution's 210
882	263		intercollegiate athletics or sports program. Further, an 211
883	264		institutional marketing associate shall, in the event that a 212
884	265		postsecondary educational institution or its intercollegiate 213
885	266		athletics program affirmatively grants a request, have the 214
886	267		right to utilize a postsecondary educational institution's, 215
887	268		or the postsecondary educational institution's 216
888		-	intercollegiate athletics program's, ~~content~~ creation and 217 ~~SS SCS SB 80 29~~
	269	+	intercollegiate athletics program's, con tent creation and 217
889	270		marketing capabilities in connection with services provided 218
890	271		for the promotion of athletic events in which a student 219
891	272		athlete will or may participate, the postsecondary 220
892	273		educational institution, or the institution's 221
893	274		intercollegiate athl etics or sports program. 222
894	275		(4) Notwithstanding any rule of an athletic 223
895	276		association, athletic conference, or any other organization 224
896	277		with authority over varsity intercollegiate athletics, 225
897	278		student athletes shall have the right to receive 226
898	279		compensation from an institutional marketing associate for 227
899	280		the commercial use of their name, image, likeness rights, or 228
900	281		athletic reputation, in connection with, among other items, 229
901	282		the promotion of athletic events in which the student 230
902	283		athlete will or may participate , the promotion of the 231
903	284		postsecondary educational institution the student athlete 232
904	285		attends, and the promotion of the postsecondary educational 233
905		-	institution's intercollegiate athletics or sports program. 234
	286	+	institution's intercollegiate athletics or sports program. 234 SCS SB 80 10
906	287		8. (1) Postsecondary educational institutions that 235
907	288		enter into commercial agreements that directly or indirectly 236
908	289		require the use of a student athlete's name, image, 237
909	290		likeness, or athletic reputation shall offer at least two 238
910	291		workshops per calendar year that may include topics such as 239
911	292		financial literacy, life skills, time management, and 240
912	293		entrepreneurship. The workshops may not be offered in the 241
913	294		same month and each workshop offered in a calendar year must 242
914	295		be unique and not simply a repeat of the other workshop 243
915	296		offered that year. The institution shall notify all student 244
916	297		athletes of the sessions through the distribution of 245
917	298		informational materials via email or other communication 246
918	299		methods the institution regularly uses to communicate with 247
919		-	student athletes. 248 ~~SS SCS SB 80 30~~
	300	+	student athletes. 248
920	301		(2) The educational workshops shall not include any 249
921	302		marketing, advertising, referral, or solicitation by 250
922	303		providers of financial products or services. 251
923	304		9. An athletic association, athletic conference, or 252
924	305		any other organization with authority over varsity 253
925	306		intercollegiate athletics sh all not, and shall not authorize 254
926	307		its member institutions to: 255
927	308		(1) Prevent a student athlete from receiving 256
928	309		compensation for the commercial use of the student athlete's 257
929	310		name, image, likeness rights, or athletic reputation under 258
930	311		this section; 259
931	312		(2) Penalize a student athlete for receiving 260
932	313		compensation for the commercial use of the student athlete's 261
933	314		name, image, likeness rights, or athletic reputation under 262
934	315		this section; 263
935	316		(3) Prevent a postsecondary educational institution 264
936	317		from participating in varsity intercollegiate athletics or 265
937		-	otherwise penalize a ~~postsec ondary~~ educational institution 266
	318	+	otherwise penalize a postsecondary educational institution 266 SCS SB 80 11
938	319		as a result of a student athlete's receipt of compensation 267
939	320		for the student athlete's name, image, likeness rights, or 268
940	321		athletic reputation under this section; 269
941	322		(4) Prevent a postsecondary educational institution 270
942	323		from establishing agreements with a third -party entity to 271
943	324		act on its behalf to identify, facilitate, enable, or 272
944	325		support student athlete name, image, and likeness activities; 273
945	326		(5) Entertain a complaint, open an investigation, or 274
946	327		take any other adverse action against a postsecondary 275
947	328		educational institution or any of its employees for engaging 276
948	329		in any activity protected under this section; 277
949	330		(6) Penalize a postsecondary educationa l institution 278
950	331		because an institutional marketing associate compensates a 279
951		-	student athlete for use of his or her name, image, likeness 280 ~~SS SCS SB 80 31~~
	332	+	student athlete for use of his or her name, image, likeness 280
952	333		rights, or athletic reputation, as protected under this 281
953	334		section, or if a third party violates the collegiate 282
954	335		athletic association's rules or regulations with regard to 283
955	336		student athlete name, image, or likeness activities. 284
956	337		10. A student athlete shall have the right to obtain 285
957	338		professional representation for the purpose of securing 286
958	339		compensation for the use of his or her name, image, or 287
959	340		likeness without penalty or resulting limitation on 288
960	341		participating or effect on the student athlete's athletic 289
961	342		grant-in-aid eligibility. Professional representation shall 290
962	343		be by attorneys or agents licensed by this state. Any 291
963	344		professional representation agreement shall be in writing, 292
964	345		be executed by both parties, clearly describe the 293
965	346		obligations of the parties, and outline fees for the 294
966	347		professional representation. 295
967	348		11. (1) Any student athlete may bring a civil action 296
968	349		against third parties that violate this section or that 297
969		-	interfere with such ~~st udent~~ athlete's earning or attempting 298
	350	+	interfere with such student athlete's earning or attempting 298 SCS SB 80 12
970	351		to earn compensation from the use of such student athlete's 299
971	352		name, image, likeness rights, or athletic reputation for 300
972	353		appropriate injunctive re lief or actual damages, or both. 301
973	354		Such action shall be brought in the county where the 302
974	355		violation occurred, or is about to occur, and the court 303
975	356		shall award damages and court costs to a prevailing 304
976	357		plaintiff. 305
977	358		(2) Student athletes bringing an action under this 306
978	359		section shall not be deprived of any protections provided 307
979	360		under law with respect to a controversy that arises and 308
980	361		shall have the right to adjudicate claims that arise under 309
981	362		this section. 310
982	363		12. No legal settlement shall conflict with the 311
983		-	provisions of this section. 312 ~~SS SCS SB 80 32~~
	364	+	provisions of this section. 312
984	365		13. This section shall apply only to agreements or 313
985	366		contracts entered into, modified, or renewed on or after 314
986	367		August 28, 2021. Such agreements or contracts include, but 315
987	368		are not limited to, the national letter of intent, an 316
988	369		athlete's financial aid agreement, commercial contracts in 317
989	370		the athlete group licensing market, and athletic conference 318
990	371		or athletic association rules or bylaws. 319
991	372		14. No postsecondary educational institution's 320
992	373		employees, including athletics coac hing staff, shall be 321
993	374		liable for any damages to a student athlete's ability to 322
994	375		earn compensation for the use of the student athlete's name, 323
995	376		image, or likeness resulting from decisions or actions 324
996	377		routinely taken in the course of intercollegiate athletics . 325
997	378		15. This section does not affect the rights of student 326
998	379		athletes under Title IX of the Education Amendments of 1971 327
999	380		(20 U.S.C. Section 1681 et seq.). 328
1000	381		[16. (1) A high school athlete who competes on an 329
1001		-	interscholastic athletic team in this ~~state~~ that is 330
	382	+	interscholastic athletic team in this s tate that is 330 SCS SB 80 13
1002	383		sponsored by a public school or by a private school whose 331
1003	384		students compete against a public school's students may earn 332
1004	385		or attempt to earn compensation from the use of such 333
1005	386		athlete's name, image, likeness rights, or athletic 334
1006	387		reputation as provided in this section, subject to the 335
1007	388		following: 336
1008	389		(a) A high school athlete shall have the right to 337
1009	390		discuss earning or attempting to earn such compensation 338
1010	391		before signing an athletic letter of intent or other written 339
1011	392		agreement only when having discussions about potential 340
1012	393		enrollment with a postsecondary educational institution in 341
1013	394		this state; and 342
1014	395		(b) A high school athlete shall have the right to earn 343
1015		-	or attempt to earn such compensation only after signing an 344 ~~SS SCS SB 80 33~~
	396	+	or attempt to earn such compensation only after signing an 344
1016	397		athletic letter of intent or other written agreement to 345
1017	398		enroll in a postsecondary educational institution in this 346
1018	399		state. 347
1019	400		(2) The discussion of, or earning or attempting to 348
1020	401		earn, compensation from the use of such high school 349
1021	402		athlete's name, image, likeness rights, or athletic 350
1022	403		reputation as provided in this section shall not be 351
1023	404		construed to be a violation of any rules and regulations a 352
1024	405		high school student and high schools are required to follow 353
1025	406		to maintain and protect a high school athlete's high school 354
1026	407		eligibility to participate in high school athletics in this 355
1027	408		state.] 356
1028	409		