PRINTER'S NO. 17
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
33
Session of
2015
INTRODUCED BY WILLIAMS, SCHWANK AND SMITH, JANUARY 14, 2015
REFERRED TO EDUCATION, JANUARY 14, 2015
AN ACT
Requiring institutions of higher education to provide health
insurance coverage, athletic scholarships and life skills
workshops to student athletes; and providing for collective
bargaining rights and publicity rights for student athletes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the
Intercollegiate Student Athlete Rights Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Athletic association." An organization that is responsible
for governing intercollegiate athletic programs.
"Athletic program." An intercollegiate athletic program at
an institution of higher education.
"Graduation success rate." The percentage of student
athletes who graduate from an institution of higher education
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within six years of their initial enrollments, excluding
outgoing transfers in good academic standing with athletic
eligibility remaining, and including incoming transfers. The
rate is calculated by combining the rates of the four most
recent classes at the institution of higher education that are
available in the exact manner as the rate is calculated under
National Collegiate Athletic Association rules.
"Institution of higher education." Any of the following:
(1) A State-owned institution.
(2) A State-related institution.
(3) A private university or college in this
Commonwealth.
"Media rights for intercollegiate athletics." The rights to
media coverage of intercollegiate athletics that:
(1) are included in contracts entered into by
intercollegiate athletic conferences and television networks;
and
(2) generate monetary payments to individual
institutions of higher education.
"State-owned institution." An institution that is part of
the State System of Higher Education pursuant to Article XX-A of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949.
"State-related institution." The Pennsylvania State
University, the University of Pittsburgh, Temple University and
Lincoln University.
"Student athlete." A college student who participates in an
athletic program.
Section 3. Applicability to institutions of higher education.
(a) General rule.--Unless otherwise provided under this
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section or section 7, this act shall apply to all institutions
of higher education in this Commonwealth.
(b) Exception.--Except as otherwise provided under section
8(c), an institution of higher education that receives, as an
average, less than $10,000,000 in annual income derived from
media rights for intercollegiate athletics shall not be subject
to the requirements of this act.
Section 4. Health insurance and injury prevention.
(a) Health insurance.--The following shall apply:
(1) 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 that does not exceed 300% of the Federal
poverty level.
(2) An athletic program shall be responsible for paying
the insurance deductible amount applicable to the claim of
any student athlete who:
(i) suffers an injury resulting from the student
athlete's participation in the athletic program; and
(ii) makes a claim relating to the injury.
(3) If a student athlete suffers an injury resulting
from the student athlete's 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
institution of higher education, one of the following:
(i) The necessary medical treatment.
(ii) Health insurance that covers the injury and the
resulting deductible amounts.
(4) An athletic program is not required to provide
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coverage under this subsection for preexisting medical
conditions that predate the student athlete's participation
in the athletic program.
(b) Injury prevention.--An athletic program shall adopt and
implement guidelines to prevent, assess and treat sports-related
concussions and dehydration. 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.
Section 5. Athletic scholarships.
(a) Equivalent scholarship in case of injury.--The following
shall apply:
(1) If an athletic program does not renew an athletic
scholarship of a student athlete who suffers an
incapacitating injury or illness resulting from the student
athlete's participation in the athletic program, and the
institution of higher education's medical staff determines
that the student athlete is medically ineligible to
participate in intercollegiate athletics, the institution of
higher education 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 a primary
undergraduate degree, whichever period is shorter. Additional
years may be provided at the discretion of the institution of
higher education.
(2) If a student athlete takes a temporary leave of
absence from an institution of higher education, the duration
of the leave of absence shall not count against the five-year
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limitation on eligibility for a scholarship provided under
paragraph (1).
(b) Scholarship after athletic eligibility.--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 the student athlete's athletic
eligibility, for up to one year or until the student athlete
completes a primary undergraduate degree, whichever is shorter.
An athletic program with a graduation success rate that is
greater than 60%, disaggregated by team, shall not be subject to
the requirements of this subsection.
(c) Appeal.--A student athlete whose athletic scholarship is
not renewed for cause by an athletic program shall receive no
benefits under this section, but may appeal the decision with
the institution of higher education or with the athletic
conference or association of which the institution of higher
education is a member.
(d) Disciplinary review.--An institution of higher education
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, including actions involving
athletically related financial aid.
Section 6. Life skills workshop.
An 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 information related to the following:
(1) Financial aid.
(2) Debt management.
(3) A recommended budget for full and partial
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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.
(4) Time management skills necessary for success as a
student athlete.
(5) Academic resources available on campus.
(6) Academic dishonesty and its consequences.
Section 7. Employment status.
If a State-owned institution or State-related institution
grants an athletic scholarship to a student athlete, the student
athlete shall be considered an "employe" of the institution of
higher education, as defined in the act of July 23, 1970
(P.L.563, No.195), known as the Public Employe Relations Act.
Section 8. Right of publicity.
(a) Nonexclusivity.--The following shall apply:
(1) Notwithstanding a contract provision to the
contrary, a student athlete shall have the right to control
the use of the student athlete's name and likeness under 42
Pa.C.S. § 8316 (related to unauthorized use of name or
likeness) when the use is not directly related to an athletic
association's or postsecondary institution's athletic
program.
(2) Notwithstanding a contract provision to the
contrary, an athletic association or postsecondary
institution may not enforce a contract provision with a
student athlete that grants the athletic association or
postsecondary institution the exclusive control over a
student athlete's use of the student athlete's name or
likeness when the use is not directly related to an athletic
association's or postsecondary institution's athletic
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program.
(3) A student athlete whose name or likeness was
misappropriated by an athletic association or postsecondary
institution in violation of this section may exercise a right
of action under 42 Pa.C.S. § 8316.
(4) An athletic association or postsecondary institution
may not penalize a student athlete for the student athlete
profiting from use of the student athlete's name or likeness
or for recovering damages in any action under 42 Pa.C.S. §
8316.
(5) When used in this subsection, a use of a student
athlete's name or likeness shall be directly related to an
athletic association's or postsecondary institution's
athletic program if the use includes an imprimatur of an
athletic association or postsecondary institution.
(b) Immunity.--An athletic association or postsecondary
institution shall have immunity from suit under this section and
42 Pa.C.S. § 8316 under the following conditions:
(1) An athletic association or postsecondary institution
has obtained written consent for each use from a student
athlete.
(2) An athletic association or postsecondary institution
does not have any actual knowledge of unauthorized use.
(c) Applicability.--Notwithstanding section 3(b), this
section shall apply to all institutions of higher education
regardless of the amount of annual income received by the
institution which was derived from media rights for
intercollegiate athletics.
Section 9. Use of revenue.
An institution of higher education shall rely exclusively on
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revenue derived from media rights for intercollegiate athletics
to defray any costs incurred under this act.
Section 10. Applicability.
This act shall apply to the 2015-2016 academic year and every
academic year thereafter.
Section 11. Effective date.
This act shall take effect in 60 days.
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