| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3289Introduced by Assembly Member HoldenFebruary 21, 2020 An act to add Section 67458 to the Education Code, relating to student athletes. LEGISLATIVE COUNSEL'S DIGESTAB 3289, as introduced, Holden. Student athletes: Student Athlete Bill of Rights.Existing law provides for a system of postsecondary education in this state. This system includes as 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, and independent institutions of higher education. Existing law, the Student Athlete Bill of Rights, specifies rights of student athletes at campuses of these segments that maintain intercollegiate athletic programs.This bill would require campuses of these segments that receive, on average, more than $10,000,000 in annual income derived from media rights for intercollegiate athletics to establish a Student Athlete Post-Degree Fund and deposit moneys into that fund, with contributions designated for payment on behalf of student athletes participating on one or more intercollegiate athletic teams, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 67458 is added to the Education Code, to read:67458. (a) For purposes of this section, fund means a Student Athlete Post-Degree Fund.(b) An institution of higher education shall deposit ____ percent of its annual income derived from media rights for intercollegiate athletics into a Student Athlete Post-Degree Fund, which shall be established by the institution on or after January 1, 2021, with contributions designated for payment on behalf of student athletes participating on one or more of the institutions intercollegiate athletic teams, in accordance with all of the following:(1) A fund established by an institution of higher education shall distribute moneys to each student athlete who completes both the athletes undergraduate degree and the athletes intercollegiate athletic participation. The distribution shall take place within 60 days of the completion of the latter. A former student athlete whose athletic eligibility expires may use a portion of the former student athletes fund allocation to pay for costs of attendance while the former student athlete is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of the students remaining allocation within 60 days of receiving an undergraduate degree.(2) Funds shall be provided in the form of athletic scholarships or fund contributions for student athletes of the opposite gender to support compliance with Title IX of the federal Education Amendments of 1972, if net athletic scholarship or fund contributions are not otherwise equalized.(3) An institution of higher education with student athletes who qualify for a fund distribution shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(4) An institution of higher education shall notify students in writing of any state and federal taxes that are applicable to funds disbursed to students under this section.(5) Fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship, who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(6) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athlete of an amount no less than the average in-state cost of postsecondary attendance for student athletes of public university members of the conference that receive a distribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.(d) An institution of higher education shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3289Introduced by Assembly Member HoldenFebruary 21, 2020 An act to add Section 67458 to the Education Code, relating to student athletes. LEGISLATIVE COUNSEL'S DIGESTAB 3289, as introduced, Holden. Student athletes: Student Athlete Bill of Rights.Existing law provides for a system of postsecondary education in this state. This system includes as 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, and independent institutions of higher education. Existing law, the Student Athlete Bill of Rights, specifies rights of student athletes at campuses of these segments that maintain intercollegiate athletic programs.This bill would require campuses of these segments that receive, on average, more than $10,000,000 in annual income derived from media rights for intercollegiate athletics to establish a Student Athlete Post-Degree Fund and deposit moneys into that fund, with contributions designated for payment on behalf of student athletes participating on one or more intercollegiate athletic teams, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 3289 |
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| 15 | 15 | | Introduced by Assembly Member HoldenFebruary 21, 2020 |
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| 17 | 17 | | Introduced by Assembly Member Holden |
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| 18 | 18 | | February 21, 2020 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to add Section 67458 to the Education Code, relating to student athletes. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 3289, as introduced, Holden. Student athletes: Student Athlete Bill of Rights. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law provides for a system of postsecondary education in this state. This system includes as 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, and independent institutions of higher education. Existing law, the Student Athlete Bill of Rights, specifies rights of student athletes at campuses of these segments that maintain intercollegiate athletic programs.This bill would require campuses of these segments that receive, on average, more than $10,000,000 in annual income derived from media rights for intercollegiate athletics to establish a Student Athlete Post-Degree Fund and deposit moneys into that fund, with contributions designated for payment on behalf of student athletes participating on one or more intercollegiate athletic teams, as specified. |
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| 30 | 30 | | Existing law provides for a system of postsecondary education in this state. This system includes as 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, and independent institutions of higher education. Existing law, the Student Athlete Bill of Rights, specifies rights of student athletes at campuses of these segments that maintain intercollegiate athletic programs. |
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| 32 | 32 | | This bill would require campuses of these segments that receive, on average, more than $10,000,000 in annual income derived from media rights for intercollegiate athletics to establish a Student Athlete Post-Degree Fund and deposit moneys into that fund, with contributions designated for payment on behalf of student athletes participating on one or more intercollegiate athletic teams, as specified. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 37 | 37 | | |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 67458 is added to the Education Code, to read:67458. (a) For purposes of this section, fund means a Student Athlete Post-Degree Fund.(b) An institution of higher education shall deposit ____ percent of its annual income derived from media rights for intercollegiate athletics into a Student Athlete Post-Degree Fund, which shall be established by the institution on or after January 1, 2021, with contributions designated for payment on behalf of student athletes participating on one or more of the institutions intercollegiate athletic teams, in accordance with all of the following:(1) A fund established by an institution of higher education shall distribute moneys to each student athlete who completes both the athletes undergraduate degree and the athletes intercollegiate athletic participation. The distribution shall take place within 60 days of the completion of the latter. A former student athlete whose athletic eligibility expires may use a portion of the former student athletes fund allocation to pay for costs of attendance while the former student athlete is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of the students remaining allocation within 60 days of receiving an undergraduate degree.(2) Funds shall be provided in the form of athletic scholarships or fund contributions for student athletes of the opposite gender to support compliance with Title IX of the federal Education Amendments of 1972, if net athletic scholarship or fund contributions are not otherwise equalized.(3) An institution of higher education with student athletes who qualify for a fund distribution shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(4) An institution of higher education shall notify students in writing of any state and federal taxes that are applicable to funds disbursed to students under this section.(5) Fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship, who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(6) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athlete of an amount no less than the average in-state cost of postsecondary attendance for student athletes of public university members of the conference that receive a distribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.(d) An institution of higher education shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 43 | 43 | | |
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| 44 | 44 | | SECTION 1. Section 67458 is added to the Education Code, to read:67458. (a) For purposes of this section, fund means a Student Athlete Post-Degree Fund.(b) An institution of higher education shall deposit ____ percent of its annual income derived from media rights for intercollegiate athletics into a Student Athlete Post-Degree Fund, which shall be established by the institution on or after January 1, 2021, with contributions designated for payment on behalf of student athletes participating on one or more of the institutions intercollegiate athletic teams, in accordance with all of the following:(1) A fund established by an institution of higher education shall distribute moneys to each student athlete who completes both the athletes undergraduate degree and the athletes intercollegiate athletic participation. The distribution shall take place within 60 days of the completion of the latter. A former student athlete whose athletic eligibility expires may use a portion of the former student athletes fund allocation to pay for costs of attendance while the former student athlete is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of the students remaining allocation within 60 days of receiving an undergraduate degree.(2) Funds shall be provided in the form of athletic scholarships or fund contributions for student athletes of the opposite gender to support compliance with Title IX of the federal Education Amendments of 1972, if net athletic scholarship or fund contributions are not otherwise equalized.(3) An institution of higher education with student athletes who qualify for a fund distribution shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(4) An institution of higher education shall notify students in writing of any state and federal taxes that are applicable to funds disbursed to students under this section.(5) Fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship, who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(6) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athlete of an amount no less than the average in-state cost of postsecondary attendance for student athletes of public university members of the conference that receive a distribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.(d) An institution of higher education shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section. |
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| 46 | 46 | | SECTION 1. Section 67458 is added to the Education Code, to read: |
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| 47 | 47 | | |
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| 48 | 48 | | ### SECTION 1. |
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| 49 | 49 | | |
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| 50 | 50 | | 67458. (a) For purposes of this section, fund means a Student Athlete Post-Degree Fund.(b) An institution of higher education shall deposit ____ percent of its annual income derived from media rights for intercollegiate athletics into a Student Athlete Post-Degree Fund, which shall be established by the institution on or after January 1, 2021, with contributions designated for payment on behalf of student athletes participating on one or more of the institutions intercollegiate athletic teams, in accordance with all of the following:(1) A fund established by an institution of higher education shall distribute moneys to each student athlete who completes both the athletes undergraduate degree and the athletes intercollegiate athletic participation. The distribution shall take place within 60 days of the completion of the latter. A former student athlete whose athletic eligibility expires may use a portion of the former student athletes fund allocation to pay for costs of attendance while the former student athlete is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of the students remaining allocation within 60 days of receiving an undergraduate degree.(2) Funds shall be provided in the form of athletic scholarships or fund contributions for student athletes of the opposite gender to support compliance with Title IX of the federal Education Amendments of 1972, if net athletic scholarship or fund contributions are not otherwise equalized.(3) An institution of higher education with student athletes who qualify for a fund distribution shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(4) An institution of higher education shall notify students in writing of any state and federal taxes that are applicable to funds disbursed to students under this section.(5) Fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship, who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(6) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athlete of an amount no less than the average in-state cost of postsecondary attendance for student athletes of public university members of the conference that receive a distribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.(d) An institution of higher education shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section. |
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| 52 | 52 | | 67458. (a) For purposes of this section, fund means a Student Athlete Post-Degree Fund.(b) An institution of higher education shall deposit ____ percent of its annual income derived from media rights for intercollegiate athletics into a Student Athlete Post-Degree Fund, which shall be established by the institution on or after January 1, 2021, with contributions designated for payment on behalf of student athletes participating on one or more of the institutions intercollegiate athletic teams, in accordance with all of the following:(1) A fund established by an institution of higher education shall distribute moneys to each student athlete who completes both the athletes undergraduate degree and the athletes intercollegiate athletic participation. The distribution shall take place within 60 days of the completion of the latter. A former student athlete whose athletic eligibility expires may use a portion of the former student athletes fund allocation to pay for costs of attendance while the former student athlete is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of the students remaining allocation within 60 days of receiving an undergraduate degree.(2) Funds shall be provided in the form of athletic scholarships or fund contributions for student athletes of the opposite gender to support compliance with Title IX of the federal Education Amendments of 1972, if net athletic scholarship or fund contributions are not otherwise equalized.(3) An institution of higher education with student athletes who qualify for a fund distribution shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(4) An institution of higher education shall notify students in writing of any state and federal taxes that are applicable to funds disbursed to students under this section.(5) Fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship, who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(6) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athlete of an amount no less than the average in-state cost of postsecondary attendance for student athletes of public university members of the conference that receive a distribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.(d) An institution of higher education shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section. |
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| 54 | 54 | | 67458. (a) For purposes of this section, fund means a Student Athlete Post-Degree Fund.(b) An institution of higher education shall deposit ____ percent of its annual income derived from media rights for intercollegiate athletics into a Student Athlete Post-Degree Fund, which shall be established by the institution on or after January 1, 2021, with contributions designated for payment on behalf of student athletes participating on one or more of the institutions intercollegiate athletic teams, in accordance with all of the following:(1) A fund established by an institution of higher education shall distribute moneys to each student athlete who completes both the athletes undergraduate degree and the athletes intercollegiate athletic participation. The distribution shall take place within 60 days of the completion of the latter. A former student athlete whose athletic eligibility expires may use a portion of the former student athletes fund allocation to pay for costs of attendance while the former student athlete is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of the students remaining allocation within 60 days of receiving an undergraduate degree.(2) Funds shall be provided in the form of athletic scholarships or fund contributions for student athletes of the opposite gender to support compliance with Title IX of the federal Education Amendments of 1972, if net athletic scholarship or fund contributions are not otherwise equalized.(3) An institution of higher education with student athletes who qualify for a fund distribution shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries.(4) An institution of higher education shall notify students in writing of any state and federal taxes that are applicable to funds disbursed to students under this section.(5) Fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship, who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution.(6) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athlete of an amount no less than the average in-state cost of postsecondary attendance for student athletes of public university members of the conference that receive a distribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits.(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.(d) An institution of higher education shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section. |
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| 58 | 58 | | 67458. (a) For purposes of this section, fund means a Student Athlete Post-Degree Fund. |
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| 59 | 59 | | |
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| 60 | 60 | | (b) An institution of higher education shall deposit ____ percent of its annual income derived from media rights for intercollegiate athletics into a Student Athlete Post-Degree Fund, which shall be established by the institution on or after January 1, 2021, with contributions designated for payment on behalf of student athletes participating on one or more of the institutions intercollegiate athletic teams, in accordance with all of the following: |
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| 61 | 61 | | |
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| 62 | 62 | | (1) A fund established by an institution of higher education shall distribute moneys to each student athlete who completes both the athletes undergraduate degree and the athletes intercollegiate athletic participation. The distribution shall take place within 60 days of the completion of the latter. A former student athlete whose athletic eligibility expires may use a portion of the former student athletes fund allocation to pay for costs of attendance while the former student athlete is enrolled in courses to progress toward undergraduate degree completion, and shall receive full distribution of the students remaining allocation within 60 days of receiving an undergraduate degree. |
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| 63 | 63 | | |
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| 64 | 64 | | (2) Funds shall be provided in the form of athletic scholarships or fund contributions for student athletes of the opposite gender to support compliance with Title IX of the federal Education Amendments of 1972, if net athletic scholarship or fund contributions are not otherwise equalized. |
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| 65 | 65 | | |
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| 66 | 66 | | (3) An institution of higher education with student athletes who qualify for a fund distribution shall conduct an annual financial planning workshop for these student athletes that includes potential uses of their fund allocations, which shall include, but not necessarily be limited to, degree completion, tax liability, investment debt management, and expenses associated with long-term, sports-related injuries. |
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| 67 | 67 | | |
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| 68 | 68 | | (4) An institution of higher education shall notify students in writing of any state and federal taxes that are applicable to funds disbursed to students under this section. |
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| 69 | 69 | | |
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| 70 | 70 | | (5) Fund contribution amounts may differ from team to team, but shall be equal among student athletes on a specific team who have received an athletic scholarship, who are listed on the team roster at any time during the athletic programs fiscal year, and who remain in good academic and disciplinary standing. A student athlete who does not receive an athletic scholarship may receive an equivalent contribution. |
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| 72 | 72 | | (6) An institution of higher education that belongs to an athletic conference of up to 16 members may agree to apply a sport-specific maximum annual contribution per student athlete of an amount no less than the average in-state cost of postsecondary attendance for student athletes of public university members of the conference that receive a distribution. A conference shall not discuss, collude, or otherwise enter into any agreement, formal or otherwise, with another conference, multiconference association, athletic association, or institution of higher education outside of its athletic conferences or athletic associations membership to set maximum contribution limits. |
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| 74 | 74 | | (c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section. |
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| 75 | 75 | | |
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| 76 | 76 | | (d) An institution of higher education shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section. |
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