Georgia HB 3: Education; programs; person solicit transaction with student-athlete; provide sanctions

Bill Text

LC 33 5715
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A BILL TO BE ENTITLED
AN ACT
To  amend  Part  14  of  Article  6  of  Chapter  2  of  Title  20  of  the  Official  Code  of  Georgia1
Annotated, relating to other educational programs, so as to provide sanctions for persons that2
enter into or solicit a transaction with a student-athlete that would result in sanctions to the3
student-athlete;  to  provide  for  related  matters;  to  provide  for  an  effective  date;  to  repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,8
relating to other educational programs, is amended by adding a new Code section to read as9
follows:10
"20-2-318.1.
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(a)  As used in this Code section, the term:
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(1)  'Person' means an individual, corporation, business trust, estate, trust, partnership,
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limited  liability  company,  association,  joint  venture,  firm,  or  any  other  legal  or
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commercial entity.
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(2)  'Student-athlete' means a student at any public or private institution of postsecondary
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education in this state who engages in, is eligible to engage in, or may be eligible to
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engage in any intercollegiate sporting event, contest, exhibition, or program.
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(3)    'Transaction'  means  any  action  or  set  of  actions  occurring  between  two  or  more
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persons for the sale or exchange of any property or services.
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(b)  It shall be unlawful for any person to enter into or solicit directly or through an agent
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a transaction with a student-athlete if such person has knowledge that the transaction would
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likely  be  cause  for  the  student-athlete  to  permanently  or  temporarily  lose  athletic
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scholarship eligibility, the ability to participate on an intercollegiate athletic team, or the
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ability to participate in one or more intercollegiate sporting competitions as sanctioned by
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a national association for the promotion and regulation of intercollegiate athletics, by an
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LC 33 5715
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athletic  conference  or  other  sanctioning  body,  or  by  the  institution  of  postsecondary
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education itself as a reasonable self-imposed disciplinary action taken by such institution
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to  mitigate  sanctions  likely  to  be  imposed  by  such  organizations  as  a  result  of  such
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transaction or as a violation of such institution's own rules.
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(c)(1)    Any  individual  who  violates  this  Code  section  shall  be  guilty  of  a  felony
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punishable by imprisonment for not less than one nor more than five years and a fine of
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$25,000.00.
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(2)  Except as otherwise provided in paragraph (1) of this subsection, any person that
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violates this Code section shall be subject to a fine of $25,000.00.
"35
SECTION 2.36
This Act shall become effective upon its approval by the Governor or upon its becoming law37
without such approval.38
SECTION 3.39
All laws and parts of laws in conflict with this Act are repealed.40