BILL NUMBER: AB 2165 CHAPTERED 09/05/06 CHAPTER 200 FILED WITH SECRETARY OF STATE SEPTEMBER 5, 2006 APPROVED BY GOVERNOR SEPTEMBER 5, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN ASSEMBLY APRIL 25, 2006 AMENDED IN ASSEMBLY APRIL 6, 2006 INTRODUCED BY Assembly Member La Suer (Coauthors: Assembly Members Chavez, Harman, Koretz, La Malfa, and Strickland) FEBRUARY 21, 2006 An act to add Section 67362 to the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 2165, La Suer Postsecondary education: intercollegiate athletics. (1) Existing law, the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California's public and independent segments of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by resolution, act to make them applicable. Existing provisions of the act prohibit a person from offering, promising, or attempting to give any money or other thing of value to a student athlete to induce, encourage, or reward the student athlete's application, enrollment, or attendance at a public or private institution of higher education. Existing law authorizes the governing board of a community college district to enforce rules and regulations relating to eligibility for and participation in intercollegiate athletics. This bill, notwithstanding the provision that authorizes community college district governing boards to enforce rules and regulations relating to intercollegiate athletics or any other provision of law, would prohibit any student athlete enrolled at any campus of the University of California, the California State University, or the California Community Colleges from participating as a member of any intercollegiate athletic team, or as a participant in any intercollegiate athletic event, if he or she, at any time after his or her enrollment as a college or university student, is prosecuted as an adult and is convicted of any of several specified crimes. The bill would provide that an institution to which the bill applies may rely upon the declaration of a student athlete to determine his or her eligibility for participation in intercollegiate athletics with respect to the requirements of the bill. The bill would authorize specified disciplinary action against a student who knowingly provides a false declaration, and would require any declaration obtained from a student athlete pursuant to the bill to contain a notice advising the student that he or she may be subject to disciplinary action if the student knowingly provides false information in the declaration. The bill would also authorize an institution to which the bill applies to seek, at the discretion of its appropriate administrators, independent confirmation of the truth of any and all of the statements of a student athlete taken pursuant to the bill. The bill would provide that a student convicted of a violation of any of the crimes set forth in the bill is eligible to participate as a member of an intercollegiate athletic team after he or she successfully completes the entire term of his or her probation or successfully completes his or her assigned prison term and parole period, if any. Pursuant to existing law, the bill would apply to the University of California only to the extent that the regents act, by resolution, to make the bill applicable. To the extent that the bill would create new duties for community college districts with respect to determining the eligibility of students for intercollegiate athletics, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 67362 is added to the Education Code, to read: 67362. (a) Notwithstanding Section 78223 or any other provision of law, no student athlete enrolled at any campus of the University of California, the California State University, or the California Community Colleges may participate as a member of any intercollegiate athletic team, or as a participant in any intercollegiate athletic event, except in a manner available to the general public, if he or she, at any time after his or her enrollment as a college or university student, is prosecuted as an adult and is convicted of a violation of Section 187, 209, 210, 211, 220, 243.8, 245, 261, 262, 264.1, 286, 288, 288a, 288.5, 289, or 459 of, or is convicted of attempted murder pursuant to subdivision (a) of Section 664 of, the Penal Code. (b) An institution to which this section applies may rely upon the declaration of a student athlete to determine his or her eligibility for participation in intercollegiate athletics with respect to the requirements of this section. Any declaration obtained from a student athlete pursuant to this subdivision shall contain a notice advising the student that he or she may be subject to disciplinary action, including, but not limited to, suspension, dismissal, or expulsion, if the student knowingly provides false information in the declaration. An institution to which this section applies may, at the discretion of its appropriate administrators, seek independent confirmation of the truth of any and all of the statements of a student athlete taken pursuant to this subdivision. (c) A student convicted of a violation of any of the Penal Code sections listed in subdivision (a) is eligible to participate as a member of an intercollegiate athletic team after he or she successfully completes the entire term of his or her probation or successfully completes his or her assigned prison term and parole period, if any. (d) A student who knowingly provides a false declaration pursuant to subdivision (b) may be subject to disciplinary action under Section 66017 of the Education Code. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.