S 16 Session 109 (1991-1992)
S 0016 General Bill, By Passailaigue
A Bill to adopt the South Carolina Collegiate Athletic Association Procedures
Act.
09/10/90 Senate Prefiled
09/10/90 Senate Referred to Committee on General
01/08/91 Senate Introduced and read first time SJ-29
01/08/91 Senate Referred to Committee on General SJ-29
04/29/91 Senate Committee report: Favorable with amendment General SJ-7
05/07/91 Senate Retaining place on calendar committed to
Committee on Education SJ-30
04/29/92 Senate Recommitted to Education Committee
COMMITTEE REPORT
April 29, 1991
S. 16
Introduced by SENATOR Passailaigue
S. Printed 4/29/91--S.
Read the first time January 8, 1991.
THE GENERAL COMMITTEE
To whom was referred a Bill (S. 16), to adopt the South Carolina
Collegiate Athletic Association Procedures Act, etc., respectfully
REPORT:
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:
"CHAPTER 105
South Carolina Collegiate Athletic
Association Procedures Act
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:
/A BILL
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.
A BILL
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.
-----XX----- |