1Requiring institutions of higher education to provide health
2insurance coverage, athletic scholarships and life skills
3workshops to student athletes; and providing for collective
4bargaining rights and publicity rights for student athletes.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the
9Intercollegiate Student Athlete Rights Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Athletic association." An organization that is responsible 
15for governing intercollegiate athletic programs.

16"Athletic program." An intercollegiate athletic program at
17an institution of higher education.

18"Graduation success rate." The percentage of student 
19athletes who graduate from an institution of higher education
 

1within six years of their initial enrollments, excluding 
2outgoing transfers in good academic standing with athletic 
3eligibility remaining, and including incoming transfers. The 
4rate is calculated by combining the rates of the four most 
5recent classes at the institution of higher education that are 
6available in the exact manner as the rate is calculated under 
7National Collegiate Athletic Association rules.

8"Institution of higher education." Any of the following:

9(1) A State-owned institution.

10(2) A State-related institution.

11(3) A private university or college in this
12Commonwealth.

13"Media rights for intercollegiate athletics." The rights to
14media coverage of intercollegiate athletics that:

15(1) are included in contracts entered into by
16intercollegiate athletic conferences and television networks;
17and

18(2) generate monetary payments to individual
19institutions of higher education.

20"State-owned institution." An institution that is part of 
21the State System of Higher Education pursuant to Article XX-A of 
22the act of March 10, 1949 (P.L.30, No.14), known as the Public
23School Code of 1949.

24"State-related institution." The Pennsylvania State
25University, the University of Pittsburgh, Temple University and
26Lincoln University.

27"Student athlete." A college student who participates in an
28athletic program.

29Section 3. Applicability to institutions of higher education.

30(a) General rule.--Unless otherwise provided under this

1section or section 7, this act shall apply to all institutions
2of higher education in this Commonwealth.

3(b) Exception.--Except as otherwise provided under section
48(c), an institution of higher education that receives, as an
5average, less than $10,000,000 in annual income derived from
6media rights for intercollegiate athletics shall not be subject
7to the requirements of this act.

8Section 4. Health insurance and injury prevention.

9(a)  Health insurance.--The following shall apply:

10(1)  Unless a student athlete declines the payment of
11premiums, an athletic program shall be responsible for paying
12the premiums of each of its student athletes whose household
13has an income that does not exceed 300% of the Federal
14poverty level.

15(2)  An athletic program shall be responsible for paying
16the insurance deductible amount applicable to the claim of
17any student athlete who:

18(i) suffers an injury resulting from the student
19athlete's participation in the athletic program; and

20(ii) makes a claim relating to the injury.

21(3)  If a student athlete suffers an injury resulting
22from the student athlete's participation in the athletic
23program that requires ongoing medical treatment, the athletic
24program shall provide, for a minimum of two years following
25the student athlete's graduation or separation from the
26institution of higher education, one of the following:

27(i)  The necessary medical treatment.

28(ii)  Health insurance that covers the injury and the
29resulting deductible amounts.

30(4)  An athletic program is not required to provide

1coverage under this subsection for preexisting medical
2conditions that predate the student athlete's participation
3in the athletic program.

4(b)  Injury prevention.--An athletic program shall adopt and
5implement guidelines to prevent, assess and treat sports-related
6concussions and dehydration. An athletic program shall adopt and
7implement exercise and supervision guidelines for any student
8athlete identified with potentially life-threatening health
9conditions who participates in an athletic program.

10Section 5. Athletic scholarships.

11(a)  Equivalent scholarship in case of injury.--The following
12shall apply:

13(1) If an athletic program does not renew an athletic
14scholarship of a student athlete who suffers an
15incapacitating injury or illness resulting from the student
16athlete's participation in the athletic program, and the
17institution of higher education's medical staff determines
18that the student athlete is medically ineligible to
19participate in intercollegiate athletics, the institution of
20higher education shall provide an equivalent scholarship
21that, combined with the total duration of any previous
22athletic scholarship or scholarships received by the student
23athlete, will be provided for a total of up to five academic
24years or until the student athlete completes a primary
25undergraduate degree, whichever period is shorter. Additional
26years may be provided at the discretion of the institution of
27higher education.

28(2) If a student athlete takes a temporary leave of
29absence from an institution of higher education, the duration
30of the leave of absence shall not count against the five-year

1limitation on eligibility for a scholarship provided under
2paragraph (1).

3(b)  Scholarship after athletic eligibility.--An athletic
4program shall provide an equivalent scholarship to a student
5athlete who was on an athletic scholarship and is in good
6standing, but has exhausted the student athlete's athletic
7eligibility, for up to one year or until the student athlete
8completes a primary undergraduate degree, whichever is shorter.
9An athletic program with a graduation success rate that is
10greater than 60%, disaggregated by team, shall not be subject to
11the requirements of this subsection.

12(c)  Appeal.--A student athlete whose athletic scholarship is
13not renewed for cause by an athletic program shall receive no
14benefits under this section, but may appeal the decision with
15the institution of higher education or with the athletic
16conference or association of which the institution of higher
17education is a member.

18(d)  Disciplinary review.--An institution of higher education
19shall grant a student athlete the same rights as other students
20with regard to any and all matters related to possible adverse
21or disciplinary actions, including actions involving
22athletically related financial aid.

23Section 6. Life skills workshop.

24An athletic program shall conduct a financial and life skills
25workshop for all of its first-year and third-year student
26athletes at the beginning of the academic year. This workshop
27shall include information related to the following:

28(1)  Financial aid.

29(2)  Debt management.

30(3)  A recommended budget for full and partial

1scholarship student athletes living on or off campus during
2the academic year and the summer term based on the current
3academic year's cost of attendance.

4(4)  Time management skills necessary for success as a
5student athlete.

6(5)  Academic resources available on campus.

7(6)  Academic dishonesty and its consequences.

8Section 7.  Employment status.

9If a State-owned institution or State-related institution
10grants an athletic scholarship to a student athlete, the student
11athlete shall be considered an "employe" of the institution of
12higher education, as defined in the act of July 23, 1970
13(P.L.563, No.195), known as the Public Employe Relations Act.

14Section 8. Right of publicity.

15(a)  Nonexclusivity.--The following shall apply:

16(1)  Notwithstanding a contract provision to the
17contrary, a student athlete shall have the right to control
18the use of the student athlete's name and likeness under 42
19Pa.C.S. § 8316 (related to unauthorized use of name or
20likeness) when the use is not directly related to an athletic
21association's or postsecondary institution's athletic
22program.

23(2)  Notwithstanding a contract provision to the
24contrary, an athletic association or postsecondary
25institution may not enforce a contract provision with a
26student athlete that grants the athletic association or
27postsecondary institution the exclusive control over a
28student athlete's use of the student athlete's name or
29likeness when the use is not directly related to an athletic
30association's or postsecondary institution's athletic

1program.

2(3)  A student athlete whose name or likeness was
3misappropriated by an athletic association or postsecondary
4institution in violation of this section may exercise a right
5of action under 42 Pa.C.S. § 8316.

6(4)  An athletic association or postsecondary institution
7may not penalize a student athlete for the student athlete
8profiting from use of the student athlete's name or likeness
9or for recovering damages in any action under 42 Pa.C.S. §
108316.

11(5)  When used in this subsection, a use of a student
12athlete's name or likeness shall be directly related to an
13athletic association's or postsecondary institution's
14athletic program if the use includes an imprimatur of an
15athletic association or postsecondary institution.

16(b)  Immunity.--An athletic association or postsecondary
17institution shall have immunity from suit under this section and
1842 Pa.C.S. § 8316 under the following conditions:

19(1) An athletic association or postsecondary institution
20has obtained written consent for each use from a student
21athlete.

22(2)  An athletic association or postsecondary institution
23does not have any actual knowledge of unauthorized use.

24(c) Applicability.--Notwithstanding section 3(b), this
25section shall apply to all institutions of higher education
26regardless of the amount of annual income received by the
27institution which was derived from media rights for
28intercollegiate athletics.

29Section 9. Use of revenue.

30An institution of higher education shall rely exclusively on

1revenue derived from media rights for intercollegiate athletics
2to defray any costs incurred under this act.

3Section 10. Applicability.

4This act shall apply to the 2014-2015 academic year and every
5academic year thereafter.

6Section 11.  Effective date.

7This act shall take effect in 60 days.