South Carolina Legislature


 

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H 4016
Session 125 (2023-2024)


H 4016  General Bill, By Hiott and Hayes
 A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-75-105 SO
 AS TO PROHIBIT ATHLETICNext SKILLS TRAINERS FROM RECRUITING STUDENT PreviousATHLETESNext TO
 TRANSFER TO THE SPORTS TEAMS OF OTHER SCHOOLS, TO DEFINE PROHIBITED CONDUCT,
 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

2/23/2023 House Introduced and read first time (House Journal-page 12) 2/23/2023 House Referred to Committee on Education and Public Works (House Journal-page 12)


VERSIONS OF THIS BILL

02/23/2023



H 4016 General Bill, By Hiott and Hayes

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-75-105 SO AS TO PROHIBIT PreviousATHLETICNext SKILLS TRAINERS FROM RECRUITING STUDENT PreviousATHLETESNext TO TRANSFER TO THE SPORTS TEAMS OF OTHER SCHOOLS, TO DEFINE PROHIBITED CONDUCT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Chapter 75, Title 44 of the S.C. Code is amended by adding:

   Section 44-75-105.   (A)(1) For purposes of this section, "PreviousathleticNext skills trainer" means a person who, through guided drills, practice, or exercise, is employed by either a sports team or an individual PreviousathleteNext to develop or hone skills in a specific sport or sports. An PreviousathleticNext skills trainer may also teach and help develop the fundamentals of a specific sport or sports.

      (2) An PreviousathleticNext skills trainer may not act individually or on the behalf of anyone or any entity to recruit, unduly influence, entice, pressure, or use direct or indirect communications that would cause a student PreviousathleteNext to transfer to the sports team of another school. This prohibited conduct includes, but is not limited to, the following:

         (a)   asking the student to transfer to the school or enroll in the school of the PreviousathleticNext skills trainer;

         (b)   offering financial aid for transportation, room, board, or clothing to the student;

         (c)   promising a job for the student or the parent or guardian of the student;

         (d)   giving special privileges or conferring anything of value, such as employment or housing, to the parent or guardian of the student;

         (e)   promising help in securing a college scholarship for the student;

         (f)   offering any other privilege or consideration to induce or influence the student to transfer from one school to the school of the PreviousathleticNext skills trainer or enroll in the school of the PreviousathleticNext skills trainer because of the PreviousathleticNext ability of the student; or

         (g)   giving the student any consideration not afforded other students.

   (B)(1)   An PreviousathleticNext skills trainer who violates the provisions of this section is subject to discipline by the South Carolina High School League.

      (2)   A student who transfers to a school or enrolls in a school because of recruiting, undue influence, or special inducement in violation of the provisions of this subsection is ineligible for participating in any interscholastic activities for a period of one calendar year from the date of the determination of the violation. A school adjudged guilty of being an active or passive participant in, or beneficiary of, such recruiting, undue influence, or special inducement must be subjected to disciplinary action by the entity that supervises interscholastic activities of the school, including fines, reprimands, forfeiture of contests in which the ineligible participant dressed for participation, and forfeiture of related honors.

   (C)   The provisions of this section apply notwithstanding any conflicting rule or regulation of a private entity that supervises interscholastic activities.

   (D)    The South Carolina High School League is hereby authorized to develop a program for individuals to be designated by the league as a certified PreviousathleticNext skills trainer if the program, as part of its certification process, includes instruction on:

      (1) league rules;

      (2) rules related to the transfer of high school students to other schools;

      (3) complete First Aid instruction in CPR and AED use; and

      (4) complete record keeping standards.

   (E)   The South Carolina High School League shall maintain records of all Previousathletic skills trainers it certifies, to include the trainer's name, mailing address, email address, contact phone number, mobile phone number, and contact information valid during normal business hours.

SECTION 2.   This act takes effect upon approval by the Governor.

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