House Bill 1043

AN ACT TO ENACT THE STUDENT ATHLETE BILL OF RIGHTS; TO DEFINE CERTAIN TERMS FOR THE ACT; TO PROVIDE THAT COMMENCING WITH THE 2020-2021 ACADEMIC YEAR, INTERCOLLEGIATE ATHLETIC PROGRAMS AT 4-YEAR INSTITUTIONS OF HIGHER EDUCATION IN THE STATE, THAT RECEIVE, AS AN AVERAGE, TEN MILLION DOLLARS OR MORE IN ANNUAL REVENUE DERIVED FROM MEDIA RIGHTS, FOR INTERCOLLEGIATE ATHLETICS, WOULD BE REQUIRED TO COMPLY WITH PRESCRIBED REQUIREMENTS; TO REQUIRE THE INSTITUTION OF HIGHER EDUCATION TO PROVIDE AN EQUIVALENT SCHOLARSHIP, AS PRESCRIBED, TO A STUDENT ATHLETE, IF AN ATHLETIC PROGRAM, DOES NOT RENEW THE ATHLETIC SCHOLARSHIP OF A STUDENT ATHLETE WHO SUFFERS AN INCAPACITATING INJURY OR ILLNESS RESULTING FROM HIS OR HER PARTICIPATION IN THE ATHLETIC PROGRAM, AND THE INSTITUTION'S MEDICAL STAFF DETERMINES THAT THE STUDENT ATHLETE IS MEDICALLY INELIGIBLE TO PARTICIPATE IN INTERCOLLEGIATE ATHLETICS, OR IF A STUDENT ATHLETE ON AN ATHLETIC SCHOLARSHIP AND IN GOOD STANDING EXHAUSTS HIS OR HER ATHLETIC ELIGIBILITY, EXCEPT FOR SPECIFIED ATHLETIC PROGRAMS; TO REQUIRE THAT ATHLETIC PROGRAMS THAT RECEIVE, AS AN AVERAGE, TEN MILLION DOLLARS OR MORE IN ANNUAL REVENUE DERIVED FROM MEDIA RIGHTS FOR INTERCOLLEGIATE ATHLETICS BE RESPONSIBLE FOR PAYING THE PREMIUMS OF EACH OF IT'S STUDENT ATHLETES FOR INSURANCE COVERING CLAIMS RESULTING FROM THEIR PARTICIPATION IN THE ATHLETIC PROGRAM, UNLESS THE STUDENT ATHLETE DECLINES THE PAYMENT OF PREMIUMS; TO PROVIDE THAT THE ATHLETIC PROGRAM WOULD 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; TO REQUIRE THE ATHLETIC PROGRAM TO PROVIDE, TO A STUDENT ATHLETE WHO SUFFERS AN INJURY RESULTING FROM PARTICIPATION IN THE ATHLETIC PROGRAM AND REQUIRES ONGOING MEDICAL TREATMENT, EITHER THE NECESSARY MEDICAL TREATMENT OR HEALTH INSURANCE THAT COVERS THE INJURY AND THE RESULTING DEDUCTIBLE AMOUNTS; TO PROVIDE THAT THESE PROVISIONS WOULD NOT APPLY TO PREEXISTING MEDICAL CONDITIONS THAT PREDATED THE STUDENT ATHLETE'S PARTICIPATION IN THE ATHLETIC PROGRAM; TO REQUIRE THAT THE INSTITUTIONS OF HIGHER EDUCATION TO WHICH THESE PROVISIONS RELATING TO EQUIVALENT SCHOLARSHIPS AND INSURANCE COVERAGE APPLY WOULD RELY EXCLUSIVELY ON REVENUE DERIVED FROM MEDIA RIGHTS FOR INTERCOLLEGIATE ATHLETICS TO DEFRAY ANY COSTS ACCRUED UNDER THESE PROVISIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Student Athlete Bill of Rights."

SECTION 2. For purposes of this act, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

(a) "Athletic association" means any organization that is responsible for governing intercollegiate athletic programs.

(b) "Athletic program" means an intercollegiate athletic program at any institution of higher education.

(c) "Graduation success rate" means the percentage of student athletes who graduate from that institution of higher education within six (6) 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 (4) most recent classes that are available in the exact manner as the rate is calculated under National Collegiate Athletic Association rules.

(d) "Institution of higher education" means any four-year public or private university located in Mississippi, that maintains an intercollegiate athletic program.

(e) "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 institutions of higher education.

(f) "Student athlete" means any college student who participates in an intercollegiate athletic program of an institution of higher education, and includes student athletes who participate in basketball, football, and other intercollegiate sports.

SECTION 3. Commencing with the 2020–2021 academic year, an athletic program shall comply with all of the following:

(1) (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 participation in the athletic program, and the institution of higher education's medical staff determines that he or she 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 (5) 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 institution of higher education.

(b) If a student athlete takes a temporary leave of absence from an institution of higher education, the duration of that leave of absence shall not count against the five-year limit on eligibility for an equivalent scholarship imposed by paragraph (a) of this subsection (1).

(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 (1) 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 sixty percent (60%), disaggregated by team, shall not be subject to the requirements of this paragraph.

(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 institution of higher education attended by the student or within the athletic conference or association of which that institution of higher education is a member, as appropriate.

(2) 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.

(3) 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, but not necessarily limited to, actions involving athletically related financial aid.

(4) An athletic program shall respond within seven (7) business days with an answer to a student athlete's written request to transfer to another institution of higher education.

(5) An institution of higher education that receives, as an average, less than Ten Million Dollars ($10,000,000.00) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.

(6) An institution of higher education 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.

SECTION 4. (1) (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 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 (2) 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.

(d) This section shall not apply to preexisting medical conditions that predate the student athlete’s participation in the athletic program.

(2) An athletic program shall adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, 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.

(3) An institution of higher education that receives, as an average, less than Ten Million Dollars ($10,000,000.00) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.

(4) An institution of higher education 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.

SECTION 5. This act shall take effect and be in force from and after July 1, 2020.