BILL NUMBER: AB 2079 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Members Torlakson and Davis
FEBRUARY 18, 2010
An act relating to student athletes. An
act to add Section 67365 to the Education Code, relating to student
athletes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2079, as amended, Torlakson. Student athletes: recruiting.
Existing law prohibits any person from giving, offering,
promising, or attempting to give any money or any other thing of
value to any particular student athlete or member of the immediate
family of the student athlete for purposes of inducing or encouraging
the student athlete's application, enrollment, or attendance at a
public or private institution of postsecondary education in order to
have the athlete participate in intercollegiate sporting events,
contests, exhibitions, or programs at that institution, except in
accordance with the bylaws of the National Collegiate Athletic
Association, as specified.
This bill would state the intent of the Legislature to enact
legislation relating to student athlete recruiting.
This bill would define, for purposes of its provisions, a "student
athlete" as an individual who resides in California and who attends
an elementary, junior high, high school, or postsecondary educational
institution, and who participates in any interscholastic athletic
program in California, including an individual who receives
scholarship funds for his or her athletic participation and an
individual who does not receive scholarship funds for his or her
athletic participation. The bill, commencing January 1, 2011, would
require any intercollegiate athletic program from a postsecondary
educational institution in the State of California or outside the
State of California, within one week of personal contact with a
student athlete, to provide in writing to the student athlete a
disclosure letter that describes, among other things, the athletic
program's policies concerning athletic scholarship issuance, renewal,
and cancellation, medical expenses, and academic requirements. The
bill would require the athletic program to post this disclosure
letter on its Internet Web site. The bill would require that any
written scholarship offer be made within one week of a verbal offer,
and would require that this written offer be accompanied by specified
information relating to the terms and conditions of the offer.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 67365 is added to the
Education Code , to read:
67365. (a) For purposes of this section, the following
definitions shall apply:
(1) "Athletic program" means any intercollegiate athletic program
from a postsecondary educational institution in the State of
California or outside the State of California that solicits student
athletes to apply, enroll, or attend the postsecondary educational
institution in order to have the student athlete participate in
intercollegiate sporting events, contests, exhibitions, or programs
at that institution.
(2) "Student athlete" means an individual who resides in
California and who attends an elementary, junior high, high school,
or postsecondary educational institution, and who participates in any
interscholastic athletic program in California, including an
individual who receives scholarship funds for his or her athletic
participation and an individual who does not receive scholarship
funds for his or her athletic participation.
(3) "Personal contact" means any direct, individualized contact
made by a collegiate athletic recruiter for purposes of athletic
recruiting with a student athlete or his or her family members,
including, but not limited to, telephone calls, personalized mail,
in-person contact, or e-mail.
(b) (1) Commencing January 1, 2011, within one week of any
personal contact with a student athlete for purposes of recruiting
the student athlete for a collegiate interscholastic athletic
program, the collegiate athletic recruiter shall provide in writing
to the student athlete the following disclosure letter, in
substantially the following form:
Disclosure Letter
I. Athletic Scholarship Information (shall not exceed 250 words)
(A) The most recent cost of attendance expenses as published by
the postsecondary educational institution's financial aid offices for
the academic year and for the summer year (amounts listed
separately).
(B) The sum of expenses identified in paragraph (A) that are
prohibited from inclusion in a full grant-in-aid athletic scholarship
pursuant to the National Collegiate Athletic Association's (NCAA)
rules and regulations.
(C) The policy of the postsecondary educational institution's
athletic program as to whether student athletes will receive athletic
scholarships for summer school, and, if so, whether these
scholarships are proportional to athletic scholarships received
during the regular academic school year.
(D) The average monthly full grant-in-aid athletic scholarship
payment received by student athletes who live on-campus and
off-campus, respectively, during the regular academic year and summer
school session.
II. Athletic Scholarship Renewals (shall not exceed 250 words)
(A) The NCAA's policy on scholarship duration.
(B) The policy of the postsecondary educational institution's
athletic program concerning the renewal or nonrenewal of an athletic
scholarship, including circumstances in which a student athlete in
good standing suffers a temporary or permanent sports-related injury,
there is a coaching change, or a student athlete's athletic
performance is deemed to be below expectations.
III. Athletically Related Medical Expenses (shall not exceed 500
words)
(A) The NCAA's policy on whether athletic programs are mandated to
pay for athletically related medical expenses.
(B) The policy of the postsecondary educational institution's
athletic program on whether it will pay for student athletes'
athletically related medical expenses, including deductibles, copays,
coinsurance, and whether the program will pay for athletically
related medical expenses that exceed any maximum insurance coverage
limits.
(C) The policy of the institution's athletic program concerning
who is required to pay for any required athletically related
insurance premiums for student athletes who do not have such
insurance.
(D) The duration of time the postsecondary educational institution'
s athletic program continues to pay for athletically related medical
expenses after a student athlete's athletic eligibility expires.
(E) Whether or not an athletic program's medical policy covers
expenses associated with attaining a second medical opinion for an
athletically related injury from a medical physician that is not
associated with the athletic program, and whether the athletic
program provides coverage for services received by such a physician.
IV. Athletic Release (shall not exceed 250 words)
(A) The NCAA policy on whether an athletic program may refuse to
grant an athletic release to a student athlete who wishes to transfer
to another postsecondary educational institution.
(B) The policy of the postsecondary educational institution's
athletic program concerning whether it may use any power to refuse to
grant an athletic release for a student athlete who wishes to
transfer to another postsecondary educational institution.
(2) Commencing January 1, 2011, each interscholastic athletic
program that recruits any student athlete shall prominently post the
disclosure letter described in paragraph (1) on its official athletic
Internet Web site.
(3) Changes to any athletic program policy included in a
Disclosure Letter shall be sent in writing to all student athletes,
as well as any athletes currently enrolled in the institution who
were recruited from the state of California.
(c) Commencing January 1, 2011, any scholarship offer made to a
student athlete shall be made in writing within one week of a verbal
offer. If the written offer is sent more than one year in advance of
the earliest date a student athlete is authorized, pursuant to the
rules and regulations of the NCAA, to sign an agreement with an
institution's athletic program, the athletic program shall send a
subsequent letter stating whether or not the offer is still valid no
later than five months prior to the earliest signing period. The
initial written offer and, if applicable, subsequent letter shall
include at least all of the following information:
(1) The disclosure letter described in subdivision (b).
(2) Whether or not the athletic scholarship offer will expire and
all terms of any such expiration.
(3) Whether or not the athletic program will guarantee that the
student athlete's acceptance of the offer prior to any expiration
will be honored.
(4) Whether or not the offer includes an athletic scholarship for
summer school.
(5) Whether or not the student athlete will be guaranteed
admission and full athletic participation at an institution if a
specific academic level is achieved during the remainder of the
student athlete's high school career, and a description of any such
academic level.
(6) The terms and the amount of any death benefit provided by the
postsecondary educational institution in case of a sports-related
death.
(d) Nothing in this section shall be construed to require a
postsecondary educational institution to revise athletic scholarship
contracts entered into prior to the effective date of this bill.
SECTION 1. It is the intent of the Legislature
to enact legislation relating to student athlete recruiting.