A BILL TO BE ENTITLED
AN ACT to create the Legislative Commission on the Fair Treatment of College Student‑Athletes.
Whereas, college athletics is a multimillion dollar industry across the United States; and
Whereas, college athletics in North Carolina is a major economic and entertainment resource through which the State, local governments, the business community, and public educational institutions financially benefit; and
Whereas, most of the constituent institutions of The University of North Carolina participate in athletic competitions in North Carolina and around the country in a wide range of sports; and
Whereas, these athletic teams at each constituent institution are comprised of individually enrolled full‑time students; and
Whereas, these students, participating on athletic teams provided as extracurricular activities for them, are enrolled for the primary purpose of receiving a college education subsidized in part by the taxpayers of North Carolina; and
Whereas, while receiving the benefits of playing competitive collegiate sports and in some cases financial assistance for the cost of attending college, these students in return commit a substantial amount of time, talent, and resources for the benefit (both financially and promotionally) of the institutions they compete for as well as organizations and businesses profiting from their athletic competition; and
Whereas, numerous issues and court cases have arisen around the country and in North Carolina pertaining to the system of college athletics, its governance, and control by membership organizations, including, but not limited to, the National Collegiate Athletic Association, and to concerns over the welfare and operation of the system to the long‑term detriment of the students participating in college athletics; and
Whereas, the General Assembly of North Carolina has a responsibility to the young men and women enrolled in the State institutions of higher learning within the University of North Carolina System to ensure fairness and equal opportunity in all aspects of their experience but in particular while participating in athletic activities for these institutions and to take appropriate legislative action where needed to ensure fairness and equal opportunity; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.(a)  The Legislative Commission on the Fair Treatment of College Student‑Athletes is created. The purpose of the Commission is to examine the needs and concerns of college students participating in athletics on behalf of the constituent institutions of The University of North Carolina and to propose appropriate legislation where needed to implement the objectives of this Commission.
SECTION 1.(b)  The Commission shall consist of six members of the Senate, appointed by the President Pro Tempore of the Senate with political parties represented in proportion to the legislative makeup, and six members of the House of Representatives, appointed by the Speaker of the House of Representatives with political parties represented in proportion to the legislative makeup.
Vacancies on the Commission shall be filled by the same appointing authority that made the initial appointment.
SECTION 1.(c)  The Lieutenant Governor shall be an ex officio voting member and shall also serve as the chair of the Commission. The Commission shall meet upon the call of the chair.
SECTION 1.(d)  A quorum shall be a majority of the Commission members.
SECTION 2.  The Commission shall study issues related to the provision of health insurance, sports injuries and nonsports injuries, unionization, and profit‑sharing for student athletes. In its study, the Commission shall consider all of the following:
(1)	Physical and mental health and safety concerns arising out of participation in athletic competition or resulting from injuries sustained during athletic competition, including, but not limited to, concussions and other life‑impacting injuries.
(2)	Long‑term physical and mental health and wellness issues grounded in participation in athletic competition but not manifesting until later in an athlete's life, and the ability of former athletes to receive adequate long‑term treatment for these issues.
(3)	The need for full‑time enrolled college students to have adequate time to devote to educational responsibilities separate and apart from time demands for athletic competition.
(4)	Educational opportunities for choosing majors and classes consistent with the nonathletic participating students' opportunities at a constituent institution, including, but not limited to, academic choices and extracurricular abilities to participate in internships and study abroad.
(5)	The right to receive academic instruction from qualified faculty members at the constituent institutions and to be taught at an academic level consistent with the standards of accredited higher education institutions.
(6)	The right to a fair and impartial hearing and the right to be independently represented before being disciplined for alleged eligibility rules violations by any school, conference, or membership association governing participation in college athletics.
(7)	In exchange for his or her participation on behalf of any constituent institution, a fair and adequate financial aid or scholarship assistance package to the extent financial aid or scholarship sources are provided to selected students in exchange for their participation on institutional athletic teams.
(8)	Consideration of remuneration or profit‑sharing for student athletes for the use by institutional or commercial entities of the students' image, or other identifiable source, such as television rights or collegiate apparel that produce commercial profit for the institutions, membership associations, or commercial entities.
(9)	The right of students participating in college athletics to be adequately represented by attorneys, agents, or financial advisors throughout their college careers (as do all other students) without being subject to losing their eligibility to participate in college athletics.
(10)	A review of regulatory rules and punishments imposed on student athletes by any governing membership organization, including, but not limited to, the National Collegiate Athletic Association, that limits a student's ability to transfer between schools, or participate on college athletic teams by restricting the student's ability to engage in outside work or compensatory services.
(11)	The obligation of the university to provide the means for a student‑athlete to finish their academic requirements to obtain an undergraduate degree after their athletic eligibility or athletic scholarship has expired.
(12)	Any other issue the Commission deems relevant based on testimony or evidence presented to the Commission.
SECTION 3.  The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may meet in the Legislative Building or the Legislative Office Building. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1 or G.S. 138‑6 as appropriate.
The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The Senate shall assign clerical staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. The Commission may contract for professional, clerical, or consultant services, as provided by G.S. 120‑32.02.
SECTION 4.  The Commission shall submit an interim report on the results of its study, including any proposed legislation, by December 1, 2017, to the members of the Senate and the House of Representatives by filing a copy of the report with the Office of the President Pro Tempore of the Senate, the Office of the Speaker of the House of Representatives, and the Legislative Library. The Commission shall submit a final report on the results of its study, including any proposed legislation, by April 1, 2018, to the members of the Senate and the House of Representatives, by filing a copy of the report with the Office of the President Pro Tempore of the Senate, the Office of the Speaker of the House of Representatives, and the Legislative Library. The Commission shall terminate upon the convening of the 2019 General Assembly or upon the filing of its final report, whichever occurs first.
SECTION 5.  This act becomes effective July 1, 2017.