Current Status Introducing Body:Senate Bill Number:16 Primary Sponsor:Passailaigue Committee Number:08 Type of Legislation:GB Subject:Collegiate Athletic Association Procedures Act Residing Body:Senate Current Committee:Education Computer Document Number:16 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Sep 10, 1990 Last History Type:Prefiled, referred to Committee Scope of Legislation:Statewide All Sponsors:Passailaigue Type of Legislation:General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 16 Senate May 07, 1991 Referred to Committee, 04 retaining its place on the Calendar 16 Senate Apr 29, 1991 Committee Report: Favorable 08 with amendment 16 Senate Jan 08, 1991 Introduced and read first 08 time, referred to Committee 16 Senate Sep 10, 1990 Prefiled, referred to 08 CommitteeView additional legislative information at the LPITS web site.
COMMITTEE REPORT
April 29, 1991
S. 16
S. Printed 4/29/91--S.
Read the first time January 8, 1991.
To whom was referred a Bill (S. 16), to adopt the South Carolina Collegiate Athletic Association Procedures Act, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-105-10. This act is known and may be cited as the South Carolina Collegiate Athletic Association Procedures Act.
Section 59-105-20. For purposes of this chapter:
(1) `Association' means a national intercollegiate athletic association.
(2) `Due process' means judicial and administrative due process requiring an association to allow witnesses to be cross-examined and a guarantee that an athlete or school has the right to a hearing and to be informed of charges.
Section 59-1-5-30. The General Assembly finds and declares that:
(1) the national intercollegiate athletic associations consisting of public and private colleges and universities are private monopolies that control intercollegiate athletics throughout the United States;
(2) these associations adopt rules governing member institutions' admissions, academic eligibility, and financial aid standards for collegiate athletes;
(3) a member must agree contractually to administer its athletic program in accordance with these associations;
(4) these associations' rules provide that these associations' enforcement procedures are an essential part of the intercollegiate athletic program of each member institution;
(5) these associations exercise great power over member institutions by virtue of their monopolistic control of intercollegiate athletics and their power to prevent a nonconforming institution from competing in intercollegiate athletic events or contests;
(6) substantial monetary loss, serious disruption of athletic programs, and significant damage to reputation may result from the imposition of penalties on a college or university by these associations for what these associations determine to be a violation of its rules; and
(7) because of the potentially serious and far reaching consequences, all proceedings which may result in the imposition of a penalty by these associations should be subject to the requirements of due process of law.
Section 59-105-40. Every state and facet of all proceedings of a collegiate athletic association, college, or university that may result in the imposition of a penalty for violation of the association's rule or legislation shall comply with due process of law as guaranteed by the Constitution and laws of this State.
Section 59-105-50. No collegiate athletic association may impose a penalty on a state college or university for violation of an associations' rule or legislation in violation of the due process requirements of this chapter.
Section 59-105-60. No collegiate athletic association may impose a penalty on a state college or university for failure to take disciplinary action against an employee or student for violation of an associations' rule or legislation in violation of the due process requirements of this chapter.
Section 59-105-70. A collegiate athletic association that violates this chapter is liable to the aggrieved college or university in an action at law, suit in equity, or other proper proceeding for redress. No penalty may be threatened against or imposed upon an aggrieved college or university for seeking redress pursuant to this section.
Section 59-105-80. In addition to costs and a reasonable attorney's fee, a collegiate athletic association that violates this chapter is liable to the aggrieved college or university for an amount equal to one hundred percent of the monetary loss per year or portion of a year suffered due to a penalty imposed in violation of the act. For purposes of calculating monetary loss, one hundred percent of the yearly loss is equal to the gross amount realized by the affected athletic program during the preceding calendar year.
Section 59-105-90. A collegiate athletic association, college, or university which subjects, or causes to be subjected, any employee or student to a penalty in violation of this chapter is liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. No penalty may be threatened against or imposed upon an aggrieved party for seeking redress pursuant to this section. In addition to any other relief granted, an aggrieved employee or student must
be awarded costs and a reasonable attorney's fee.
Section 59-105-100. A penalty imposed by a collegiate athletic association, college, or university is subject to judicial review in the circuit court.
Section 59-105-110. The remedies provided in this chapter are cumulative and in addition to any other remedies provided by law."
SECTION 2. This act takes effect upon approval by the Governor./
Amend the title to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA COLLEGIATE ATHLETIC ASSOCIATION PROCEDURES ACT./
DONALD H. HOLLAND, for Committee.
TO ADOPT THE SOUTH CAROLINA COLLEGIATE ATHLETIC ASSOCIATION PROCEDURES ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act shall be known and may be cited as the South Carolina Collegiate Athletic Association Procedures Act.
SECTION 2. The General Assembly of the State of South Carolina hereby finds and declares that:
(1) the National Collegiate Athletic Association is a national unincorporated association consisting of public and private colleges and universities and is a private monopolist that controls intercollegiate athletics throughout the United States;
(2) the National Collegiate Athletic Association adopts rules governing member institutions' admissions, academic eligibility, and financial aid standards for collegiate athletes;
(3) a member must agree contractually to administer its athletic program in accordance with National Collegiate Athletic Association legislation;
(4) National Collegiate Athletic Association rules provide that association enforcement procedures are an essential part of the intercollegiate athletic program of each member institution;
(5) the National Collegiate Athletic Association exercises great power over member institutions by virtue of its monopolistic control of intercollegiate athletics and its power to prevent a nonconforming institution from competing in intercollegiate athletic events or contests;
(6) substantial monetary loss, serious disruption of athletic programs, and significant damage to reputation may result from the imposition of penalties on a college or university by the National Collegiate Athletic Association for what the association determines to be a violation of its rules; and
(7) because of such potentially serious and far reaching consequences, all proceedings which may result in the imposition of any penalty by the National Collegiate Athletic Association should be subject to the requirements of due process of law.
SECTION 3. Every state and facet of all proceedings of a collegiate athletic association, college, or university that may result in the imposition of a penalty for violation of such association's rule or legislation shall comply with due process of law as guaranteed by the Constitution of South Carolina and the laws of South Carolina.
SECTION 4. No collegiate athletic association shall impose a penalty on any state college or university for violation of such association's rule or legislation in violation of the due process requirements of the South Carolina Collegiate Athletic Association Procedures Act.
SECTION 5. No collegiate athletic association shall impose a penalty on any state college or university for failure to take disciplinary action against an employee or student for violation of such association's rule or legislation in violation of the due process requirements of the South Carolina Collegiate Athletic Association Procedures Act.
SECTION 6. A collegiate athletic association that violates the South Carolina Collegiate Athletic Association Procedures Act shall be liable to the aggrieved college or university in an action at law, suit in equity, or other proper proceeding for redress. No penalty shall be threatened against or imposed upon an aggrieved college or university for seeking redress pursuant to this section.
SECTION 7. In addition to costs and a reasonable attorney's fee, a collegiate athletic association that violates the South Carolina Collegiate Athletic Association Procedures Act shall be liable to the aggrieved college or university for an amount equal to one hundred percent of the monetary loss per year or portion of a year suffered due to a penalty imposed in violation of the act. For purposes of calculating monetary loss, one hundred percent of the yearly loss shall be equal to the gross amount realized by the affected athletic program during the immediately preceding calendar year.
SECTION 8. A collegiate athletic association, college, or university which subjects, or causes to be subjected, any employee or student to a penalty in violation of the South Carolina Collegiate Athletic Association Procedures Act shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. No penalty shall be threatened against or imposed upon an aggrieved party for seeking redress pursuant to this section. In addition to any other relief granted, an aggrieved employee or student shall be awarded costs and a reasonable attorney's fee.
SECTION 9. Any penalty imposed by any collegiate athletic association, college, or university shall be subject to judicial review in the district court.
SECTION 10. The remedies provided in the South Carolina Collegiate Athletic Association Procedures Act are cumulative and in addition to any other remedies provided by law.
SECTION 11. This act takes effect upon approval by the Governor.