View Amendment Current Amendment: 4 to Bill 685

Senator CAMPSEN proposed the following amendment (685R003.SP.GEC):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION1. Title 59 of the 1976 Code is amended by adding:


Intercollegiate Athletes' Compensation

Section 59-158-10. For the purposes of this chapter:

(1) 'Compensation' means any remuneration, in cash or in kind, whether provided at the time or at any subsequent date, to a student athlete that is equal to no less than part-time minimum wage employment, but no more than one and a half times this amount. 'Compensation' does not mean any grant, scholarship, fellowship, tuition assistance, stipend, cost of attendance, or other form of financial aid provided to a student for pursuing a post-secondary education.

(2) 'Institution of higher learning' means any post-secondary educational institution, including a technical or comprehensive educational institution.

(3) 'Intercollegiate athlete' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, then the individual is not an intercollegiate athlete for the purposes of that sport.

(4) 'Intercollegiate sport' means a sport played at the collegiate level for which eligibility requirements for participation by an intercollegiate athlete are established by a national association that promotes or regulates collegiate athletics.

(5) 'Part-time employment' means no more than thirty-five hours per week.

Section 59-158-20. (A) An intercollegiate athlete at an institution of higher learning may be paid by the institution of higher learning compensation for participating in an intercollegiate sport if the intercollegiate athlete is unable to be employed otherwise because of scheduling restrictions resulting from participation in the intercollegiate sport.

(B) An institution of higher learning or its athletic conference cannot directly or indirectly create or facilitate compensation opportunities to avoid compensating an intercollegiate athlete pursuant to this chapter.

(C) An institution of higher learning may not use or allow boosters directly or indirectly to create or facilitate compensation opportunities to avoid compensating an intercollegiate athlete pursuant to this chapter.

(D) A grant in aid, including the cost of attendance, awarded to an intercollegiate athlete by an institution of higher learning is not compensation for the purposes of this chapter and may not be revoked or reduced as a result of an intercollegiate athlete earning compensation under this chapter.

Section 59-158-30. Earning compensation in compliance with the provisions of this chapter does not affect an intercollegiate athlete's grant in aid or athletic eligibility."

SECTION2. This act takes effect July 1, 2023. /