Bill Text: CA AB475 | 2013-2014 | Regular Session | Amended
Bill Title: Student athletes: scholarships.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB475 Detail]
Download: California-2013-AB475-Amended.html
BILL NUMBER: AB 475 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY MARCH 12, 2013
INTRODUCED BY Assembly Member Brown
FEBRUARY 19, 2013
An act to amend Sections 67451 and 67452 of the Education Code,
relating to student athletes.
LEGISLATIVE COUNSEL'S DIGEST
AB 475, as amended, Brown. Student athletes: scholarships.
Existing law provides for a system of postsecondary education in
this state. This system includes 4 segments: the University of
California, administered by the Regents of the University of
California; the California State University, administered by the
Trustees of the California State University; the California Community
Colleges, administered by the Board of Governors of the California
Community Colleges; and independent institutions of higher education.
Existing law establishes the Student Athlete Bill of Rights,
pursuant to which, commencing with the 2013-14 academic year,
intercollegiate athletic programs at 4-year institutions of higher
education in this state, as defined, that receive, as an average,
$10,000,000 or more in annual revenue derived from media rights, as
defined, for intercollegiate athletics, shall be required to comply
with prescribed requirements.
This bill would define the term "licensing fees" for purposes of
the Student Athlete Bill of Rights, and would instead make those
provisions applicable to intercollegiate athletic programs at 4-year
institutions of higher education in the state that receive, as an
average, $20,000,000 or more in annual revenue derived from media
rights and licensing fees for intercollegiate athletics. The bill
would require that, commencing with the 2015-16 academic year, an
athletic scholarship given out by a public institution of higher
education in the state be guaranteed for 5 academic years or for the
completion of a student athlete's eligibility if the student athlete
maintains good standing with the institution he or she attends and
continues his or her participation in the sport. The bill would
also also require that, commencing with
the 2015-16 academic year, a full athletic scholarship given out by
a public institution cover the full cost of attendance for the
institution the student athlete attends, and include an additional
$3,600 student athlete participation stipend. The bill would
also require, commencing with the 2015-16 academic year, if a student
athlete decides to transfer from a 4-year university located in
California, that the institution of higher education give the student
athlete a "permission-to-contact letter," as defined, and not place
any restrictions or conditions on where the student athlete may
transfer.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 67451 of the Education Code is amended to read:
67451. For purposes of this part:
(a) "Athletic association" means any organization that is
responsible for governing intercollegiate athletic programs.
(b) "Athletic program" means an intercollegiate athletic program
at any institution of higher education within the meaning of
subdivision (d).
(c) "Graduation success rate" means the percentage of student
athletes who graduate from that institution of higher education
within six years of their initial enrollment, excluding outgoing
transfers in good academic standing with athletic eligibility
remaining, and including incoming transfers. The rate is to be
calculated by combining the rates of the four most recent classes
that are available in the exact manner as the rate is calculated
under National Collegiate Athletic Association rules.
(d) "Institution of higher education" means any campus of the
University of California or the California State University, or any
four-year private university located in California, that maintains an
intercollegiate athletic program.
(e) "Licensing fees" means fees received by an institution of
higher education for the use of the likeness of the school or one or
more student athletes to market, promote, or advertise products,
jerseys, video games, events, literature, or signage.
(f) "Media rights" means the rights to media coverage of
intercollegiate athletics included in contracts that are entered into
by intercollegiate athletic conferences and television networks and
that generate monetary payments to individual institutions of higher
education.
(g) "Permission-to-contact letter" means written permission from
the student athlete's athletic director or designated athletic
administrator granting the student athlete permission to begin the
transfer process.
(g)
(h) "Student athlete" means any college student who
participates in an intercollegiate athletic program of an institution
of higher education, and includes student athletes who participate
in basketball, football, and other intercollegiate sports.
SEC. 2. Section 67452 of the Education Code is amended to read:
67452. (a) Commencing with the 2013-14 academic year, an athletic
program shall comply with all of the following:
(1) If an athletic program does not renew an athletic scholarship
of a student athlete who suffers an incapacitating injury or illness
resulting from his or her participation in the athletic program, and
the institution of higher education's medical staff determines that
he or she is medically ineligible to participate in intercollegiate
athletics, the institution of higher education shall provide an
equivalent scholarship that, combined with the total duration of any
previous athletic scholarship or scholarships received by the student
athlete, will be provided for a total of up to five academic years
or until the student athlete completes his or her undergraduate
degree, whichever period is shorter. Additional years may be provided
at the discretion of the institution of higher education.
(2) If a student athlete takes a temporary leave of absence from
an institution of higher education, the duration of that leave of
absence shall not count against the five-year limit on eligibility
for an equivalent scholarship imposed by paragraph (1).
(3) An athletic program shall provide an equivalent scholarship to
a student athlete who was on an athletic scholarship and is in good
standing, but has exhausted his or her athletic eligibility, for up
to one year or until the student athlete completes his or her primary
undergraduate degree, whichever is shorter, except that an athletic
program with a graduation success rate that is above 60 percent,
disaggregated by team, shall not be subject to the requirements of
this paragraph.
(4) A student athlete whose athletic scholarship is terminated for
cause by an athletic program shall receive no benefits under this
part, but may appeal this decision within the institution of higher
education attended by the student or within the athletic conference
or association of which that institution of higher education is a
member, as appropriate.
(b) Commencing with the 2015-16 academic year, an athletic
scholarship given out by a public institution of higher education in
the state shall be guaranteed for five academic years or for the
completion of a student athlete's eligibility if the student athlete
maintains good standing with the institution he or she attends and
continues his or her participation in the sport.
(c) Commencing with the 2015-16 academic year, a full athletic
scholarship given by a public institution of higher education shall
cover the full cost of attendance for that institution and shall
include an additional three-thousand-six-hundred-dollar ($3,600)
student athlete participation stipend.
(d) Commencing with the 2015-16 academic school year, if a student
athlete decides to transfer from a four-year university located in
California, the institution of higher education shall give the
student athlete a permission-to-contact letter, and not place any
restrictions or conditions on where the student athlete may transfer.
(d)
(e) Each athletic program shall conduct a financial and
life skills workshop for all of its first-year and third-year
student athletes at the beginning of the academic year. This workshop
shall include, but not be limited to, information concerning
financial aid, debt management, and a recommended budget for full-
and partial-scholarship student athletes living on or off campus
during the academic year and the summer term based on the current
academic year's cost of attendance. The workshop shall also include
information on time management skills necessary for success as a
student athlete, and academic resources available on campus.
(e)
(f) An institution of higher education shall grant a
student athlete the same rights as other students with regard to any
and all matters related to possible adverse or disciplinary actions,
including, but not necessarily limited to, actions involving
athletically related financial aid.
(f)
(g) An athletic program shall respond within seven
business days with an answer to a student athlete's written request
to transfer to another institution of higher education.
(g)
(h) An institution of higher education that receives,
as an average, less than twenty million dollars ($20,000,000) in
annual income derived from media rights and licensing fees for
intercollegiate athletics shall not be subject to the requirements of
this section.
(h)
(i) An institution of higher education to which this
section applies shall rely exclusively on revenue derived from media
rights and licensing fees for intercollegiate athletics to defray any
costs accrued under this section.
