Mississippi high school athletes could soon earn money from their name, image and likeness if a bill introduced in the Mississippi House becomes law. Mississippi House Rep. Jeffery Harness, D-Fayette, introduced House Bill 1400, titled the Mississippi High School Student-Athlete NIL Protection Act, on Jan.16. The bill would open the door for high school
athletes in the state to earn compensation similar to that of college athletes.
“For one, I wanted to get a conversation started about it,” Harness told the Mississippi Free Press on Jan. 22. “I think it’s probably inevitable, just like paying college athletes was inevitable and eventually it happened.”
Name, image and likeness deals allow third parties to pay athletes for things like social media posts or brand deals. Mississippi is one of only a few states that currently does not allow high school student-athletes to profit from their NIL rights.
“I believe it would wreak havoc with high school athletics,” Mississippi High School Activities Association Executive Director Rickey Neaves told the Mississippi Free Press on Jan 22.
The bill allows high school athletes to be paid up to $10,000 per year. Any amount above that would be deposited into a restricted trust account payable when the student turns 18. To have a chance at becoming law, the bill would need to survive a legislative deadline on Tuesday.
‘There Won’t Be Any Transfer for Paychecks’
The bill prohibits payments to athletes based on performance, such as reaching certain statistical thresholds in games. It also prohibits payments to induce students to attend or transfer to a particular school. Athletes would not be paid for their participation, also known as “pay to play.”
“The bill will allow high school student association rules (to) still stay in place,” Rep. Jeffrey Harness said. “There won’t be any transfer for paychecks. The rules will stay the same as far as transferring things.”
Neaves told the Mississippi Free Press that NIL deals, as they operate on the college level, violate high school amateurism rules, codified in MHSAA Rule 2.39. He said the association has looked at how the contracts have impacted other states and worries about how it will affect competition.
“I’ll use Nebraska. Nebraska has school choice and NIL,” Neaves said. “One of the private schools that won the state championship out there this year had 24 Division-I signees that they recruited in there. They went 16-0, won the state championship, and all of their games had a running clock, which means they were up at least by 35 points before halftime, and that is what we’re trying to keep from happening in our state.”
Neaves said there are students in the state who now receive NIL deals or have NIL contracts, but there are limitations. The student—or the parent or guardian of the student—cannot receive any money or benefits until that student has graduated or used all of their high school eligibility. If they receive any money before the athlete graduates, that student becomes ineligible to participate in high-school athletics. The student-athlete may also not use the school colors, uniform or identify their position at the school.
Last summer, Hattiesburg wide receiver Tristan Keyes signed an NIL deal with Adidas. According to MHSAA rules, the Tennessee commit cannot get paid until he has exhausted high school eligibility. Hattiesburg Athletic Director Jermaine Brown said the deal brought more attention to the school and its athletic programs. Brown said the district ensured that any deals aligned with the current MHSAA guidelines and remained in the loop, but for the most part, were not involved.
“Any hair-raising or eye-popping things about the possibility of (Keyes) receiving benefits, then we were obligated to self-report,” Brown told the Mississippi Free Press on Jan 22. “Those are some of the things that we had conversations with the family, parents and students about—this whole aspect that we want to be that much in the know. And if there’s a red flag that comes to us, then we’re obligated to report it, to just ensure Hattiesburg High School (and) Hattiesburg School District (were) still in compliance with the rules and guidelines.”
Increasing Inequities
Still, Jermaine Brown said he doesn’t believe the bill is good for the state’s athletes.
“I would say there’s some concern within the administrative ring from athletic directors as well as coaches,” Brown said. “When you look at this whole aspect, you think recruiting. You think transfers. And right now, you also think of really losing your amateur status in a sense. Right now, the National Federation of High Schools, which governs all high school athletics, mandates that you keep your amateur status (to compete).”
Neaves said that the bill could prompt problems on several fronts, including increased student-athlete transfers.
“Students might be offered X amount of money from a certain business to attend (a certain) school. It would cause unfairness,” Neaves told the Mississippi Free Press on Jan. 22. “And then, because some of our schools are located where, I won’t say (they are) rich schools, but they do have money to spare. Some are in rural areas where they don’t have any. So that would be unfair there.”
Neaves said that currently, if recruiting is proven, MHSAA rules the student ineligible. He added that if the student doesn’t live in the school zone they transferred to, the student is ineligible to participate in athletics for one year.
Harness told the Mississippi Free Press that he believes the bill will do the opposite.
“I think it would help smaller schools if a young man can get money because he’s a good football player (or) good basketball player or a young lady is a good basketball (or) good tennis player,” Harness said. “They can get paid even if they went to a small school, a 1A school (or) a 2A school. That would be an inducement for them to stay versus having to go to private school.”
Harness emphasized that MHSAA transfer rules will remain in place if the bill passes.
Neaves said he is also worried about the effect on schools and students.
“My biggest fear there is they would start using the school’s name, image and likeness for the benefit of the student-athlete,” Neaves said. “And then there again, some of these contracts that are being offered in other states, from what I hear, are to the extent that I don’t really don’t think a 15, 16, or 17-year-old student knows how to deal with having that much money at his or her discretion.”
Neaves said the association would have no choice but to follow the law if it is passed. He hopes, however, that legislators hear from their constituents before making a decision.
“I would hope that the Legislature would listen to the school superintendent and the people that run our schools and at least take into consideration what they think is right and best for the students in our state, and also look at what it has done in other states,” Neaves said.
“I just wish they would take a broad look at what this could lead to for high school athletics,” he continued. “And right now, high school athletics is the purest form of athletics that we still have in the United States.”
Heather Harrison contributed to this report.