BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 735


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          Date of Hearing:   January 12, 2016


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 735  
          (Ridley-Thomas) - As Amended January 4, 2016


          [Note:  This bill is doubled referred to the Assembly Arts,  
          Entertainment, Sports, Tourism and Internet Media Committee and  
          was heard on January 5, 2016, in said Committee, as it relates  
          to issues under its jurisdiction.]

          SUBJECT:  Postsecondary education:  Student Athlete Bill of  
          Rights


          SUMMARY:  Eliminates the sunset of the Student Athlete Bill of  
          Rights.  


          EXISTING LAW: 


          1)Prohibits any person from giving, offering, promising or  
            attempting to give money or other item of value to a student  
            athlete or member of the athlete's immediate family to induce,  
            encourage or reward a student athlete's application,  
            enrollment or attendance at a public or private institution of  
            higher education (IHE) to participate in intercollegiate  
            sporting activities.  Some exceptions may be granted in  
            accordance with National Collegiate Athletic Association  
            (NCAA) rules.  A person who violates these rules is subject to  
            a civil penalty of up to $10,000, or three times the amount  








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            given, offered or promised, whichever is greater (Education  
            Code Section 67360).

          2)Prohibits student athletes and members of their immediate  
            family from soliciting or accepting money or other item of  
            value as an inducement, encouragement or reward, subject to  
            the same exceptions and penalty listed above (EC Section  
            67361).

          3)Requires California postsecondary educational institutions  
            that offer athletic scholarships to provide specific  
            information on its website, such as NCAA policy on scholarship  
            duration, the most recent cost of attendance, and their policy  
            on athletically related medical expenses (EC Section 67365).

          4)Defines the following:  "athletic association" to mean any  
            organization that is responsible for governing intercollegiate  
            athletic programs; "athletic program" to mean an  
            intercollegiate athletic program at any IHE; "graduation  
            success rate" to mean the percentage of student athletes who  
            graduate from that IHE 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 NCAA  
            rules; "IHE" to mean 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; "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 IHEs; and,  
            "student athlete" to mean any college student who participates  
            in an intercollegiate athletic program of an IHE, and includes  
            student athletes who participate in basketball, football, and  
            other intercollegiate sports (EC Section 67451).









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          5)Specifies the following:  a) unless a student athlete declines  
            the payment of premiums, an athletic program shall be  
            responsible for paying the premiums of each of its student  
            athletes whose household has an income and asset level that  
            does not exceed the level for Cal Grant A recipients set forth  
            in EC Section 69432.7 for insurance covering claims resulting  
            from their participation in the athletic program; b) an  
            athletic program shall be responsible for paying the insurance  
            deductible amount applicable to the claim of any student  
            athlete who suffers an injury resulting from his or her  
            participation in the athletic program and makes a claim  
            relating to that injury; c) if a student athlete suffers an  
            injury resulting from his or her participation in the athletic  
            program that requires ongoing medical treatment, the athletic  
            program shall provide, for a minimum of two years following  
            the student athlete's graduation or separation from the IHE,  
            one of the following:  i) the necessary medical treatment and  
            ii) health insurance that covers the injury and the resulting  
            deductible amounts; d) Letter "C" "i" and "ii" shall not apply  
            to preexisting medical conditions that predate the student  
            athlete's participation in the athletic program; e) an  
            athletic program shall adopt and implement guidelines to  
            prevent, assess, and treat sports-related concussions and  
            dehydration.  Additionally, an athletic program shall adopt  
            and implement exercise and supervision guidelines for any  
            student athlete identified with potentially life-threatening  
            health conditions who participates in an athletic program; f)  
            an IHE that receives, as an average, less than ten million  
            dollars in annual income derived from media rights for  
            intercollegiate athletics shall not be subject to the  
            requirements of this section; and, g) an IHE to which this  
            section applies shall rely exclusively on revenue derived from  
            media rights for intercollegiate athletics to defray any costs  
            accrued under this section (EC Section 67452). 

          6)Mandates that athletic programs shall comply with all of the  
            following:  a) 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  








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            participation in the athletic program, and the IHE medical  
            staff determines that he or she is medically ineligible to  
            participate in intercollegiate athletics, the IHE 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 IHE; b) if a student athlete takes a  
            temporary leave of absence from an IHE, the duration of that  
            leave of absence shall not count against the five-year limit  
            on eligibility for an equivalent scholarship as determined; c)  
            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; d) a student athlete  
            whose athletic scholarship is not renewed for cause by an  
            athletic program shall receive no benefits under this part,  
            but may appeal this decision within the IHE attended by the  
            student or within the athletic conference or association of  
            which that IHE is a member, as appropriate; 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; f) an IHE 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,  








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            including, but not necessarily limited to, actions involving  
            athletically related financial aid; g) an athletic program  
            shall respond within seven business days with an answer to a  
            student athlete's written request to transfer to another IHE;  
            h) an IHE that receives, as an average, less than ten million  
            dollars in annual income derived from media rights for  
            intercollegiate athletics shall not be subject to the  
            requirements of this section of law; and, i) an IHE to which  
            this section of law applies shall rely exclusively on revenue  
            derived from media rights for intercollegiate athletics to  
            defray any costs accrued under this section (EC Section 67453)



          FISCAL EFFECT:  Unknown


          COMMENTS:  Need for the measure.  According to the author,  
          "Because of the success of the Student Athlete Bill of Rights,  
          it is unnecessary to wait any longer to repeal the sunset date  
          and to place undue stress on our student athletes and to not  
          extend common sense protections indefinitely."  The author  
          contends that student athletes who enroll in school in 2017 and  
          thereafter, will lack the certainties of the protections of the  
          Student Athlete Bill of Rights being available to them  
          throughout their entire collegiate experience.


          Background.  SB 1525 (Padilla, Chapter 625, Statutes of 2012)  
          enacted a Student Athlete Bill of Rights (see "Existing Law"  
          section of this analysis) and placed specified requirements on  
          collegiate athletic programs, including, but not limited to,  
          providing financial and life skills workshops for all of its  
          first-year and third-year student athletes at the beginning of  
          the academic year; and, ensuring that a student athlete is  
          granted the same rights as other students with regard to any and  
          all matters related to possible adverse or disciplinary actions,  
          commencing with the 2013-14 academic year and ending January 1,  
          2021.








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          Over the course of several months in 2012, this measure was  
          amended five times; the chaptered version of the measure changed  
          significantly from the original version of the measure.  Prior  
          versions of SB 1525 included guaranteed scholarships for five  
          years for student-athletes and removed transfer restrictions for  
          student athletes.  These provisions were negotiated out of SB  
          1525 for various reasons. The signed version of SB 1525 codified  
          into law practices that support student-athletes  welfare and  
          minimize the disadvantages to student-athletes.


          To note, SB 1525 did not require the institutions of higher  
          learning that must implement the provisions of said measure to  
          report to the Legislature and other interested stakeholders,   
          the outcomes of the measure. Therefore, no initial reports as to  
          the successes or failures are known at this time.  


          Policy implications.  SB 1525 did not require the institutions  
          of higher learning that must implement the provisions of said  
          measure to report to the Legislature and other pertinent  
          stakeholders on the outcomes of the measure.  Therefore, no  
          progress reports as to the successes or failures are known at  
          this time.  Anecdotally, in the first year and a half of the  
          implementation of the Student Athlete Bill of Rights, student  
          athletes have been receiving necessary rights. 


          Without empirical data proving the successes and within less  
          than two years into the implementation of the Student Athlete  
          Bill of Rights, is it prudent to remove the sunset?  Moving  
          forward, the author may want to consider if it is prudent to add  
          a reporting requirement to the Student Athlete Bill of Rights  
          prior to removing the sunset. 


          REGISTERED SUPPORT / OPPOSITION:








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          Support


          None on file.




          Opposition


          None on file.




          Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)  
          319-3960