2004 Regular Session
To: Universities and Colleges
By: Representative Frierson, Akins, Baker (8th), Chism, Evans, Hamilton (6th), Horne, Moak, Nicholson, Smith (39th), Woods
AN ACT TO PROVIDE THAT REPRESENTATIVES OF THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (NCAA) MAY NOT CONTACT ANY INDIVIDUAL, STUDENT, SCHOOL OR COLLEGE REGARDING A NCAA INVESTIGATION UNLESS REGISTERED WITH THE SECRETARY OF STATE; TO REQUIRE THE REGISTERED REPRESENTATIVE TO IDENTIFY THE INDIVIDUAL OR INSTITUTIONS TO BE CONTACTED DURING THE INVESTIGATION; TO REQUIRE THE PAYMENT OF A REGISTRATION FEE AND ITS DEPOSIT INTO THE EMINENT SCHOLARS FUND; TO REQUIRE THE REGISTERED REPRESENTATIVE TO ADVISE A STUDENT OR INDIVIDUAL OF HIS OR HER RIGHT TO LEGAL COUNSEL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. A representative of the National Collegiate Athletic Association (NCAA) may not contact any resident of this state, including a student attending, or any individual employed by, a high school, community or junior college, or institution of higher learning in this state, in connection with any specific investigation being conducted by the NCAA in this state, before being issued a certificate of registration under this act.
SECTION 2. (1) Each applicant for registration as a representative of the NCAA shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State.
(2) An application filed under this section is a public record.
(3) The application must be in the name of an individual and signed by the applicant and by the president of the NCAA, or his designee, under penalty of perjury and must contain:
(a) The name of the applicant who will be participating in a specific NCAA investigation in this state, and a telephone number or address at which the applicant may be reached while in this state, along with the name and address of his or her immediate supervisor in the NCAA;
(b) A list of each student, individual, high school, community or junior college, or institution of higher learning that the applicant intends to contact in connection with the investigation that is related to the application.
SECTION 3. An application for registration under this act must be accompanied by a fee in the amount of One Thousand Five Hundred Dollars ($1,500.00), to be deposited by the Secretary of State in the Eminent Scholars Fund established in Section 37-106-31, less the amount of twenty percent (20%) to defray the administrative costs incurred by the Secretary of State.
SECTION 4. A registered representative of the NCAA may not communicate with any student or other individual regarding the subject investigation, unless he first advises the student or individual of that student's or individual's right to legal counsel.
SECTION 5. The violation of any provision of this act is a misdemeanor, and upon conviction thereof, is punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment of not more than six (6) months, or both.
SECTION 6. This act shall take effect and be in force from and after July 1, 2004.