Bill Text: MS HB35 | 2018 | Regular Session | Introduced
Bill Title: Universities and colleges; require to establish trust fund to benefit members of certain athletic teams.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB35 Detail]
Download: Mississippi-2018-HB35-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Universities and Colleges; Appropriations
By: Representative Hines
House Bill 35
AN ACT TO REQUIRE EVERY UNIVERSITY AND COMMUNITY OR JUNIOR COLLEGE ELIGIBLE FOR A POSTSEASON BOWL GAME, INCLUDING PLAYOFF GAMES, TO ESTABLISH A TRUST FUND INTO WHICH 25% OF ALL REVENUE RECEIVED BY THE UNIVERSITY OR COMMUNITY OR JUNIOR COLLEGE FOR BEING ACCEPTED INTO, PARTICIPATING IN OR WINNING A BOWL GAME SHALL BE PLACED FOR THE PURPOSE OF PROVIDING CHRONIC TRAUMATIC ENCEPHALOPATHY (CTE) SCREENINGS AND OTHER BENEFITS TO STUDENT ATHLETES; TO REQUIRE THE UNIVERSITY OR COMMUNITY OR JUNIOR COLLEGE TO DISTRIBUTE A PRO RATA SHARE OF THE MONIES ACCUMULATED IN THE UNIVERSITY TRUST FUND DURING THE ATHLETE'S ACTIVE ELIGIBILITY PERIOD TO AN INJURED ATHLETE FOR ANY CAREER-ENDING OR LIFE-ALTERING INJURY SUSTAINED WHILE PLAYING THE COVERED SPORT; TO MAKE PROVISIONS FOR THE TRUST FUND TO COVER THE COST OF TRANSFER FEES AND TUITION TO A POSTSECONDARY INSTITUTION OTHER THAN THE INSTITUTION OF CURRENT ENROLLMENT IF NECESSARY; TO MAKE PROVISIONS FOR THE PAYMENT OF FUNDS TO THE BENEFICIARY OR IMMEDIATE NEXT OF KIN OF A STUDENT ATHLETE WHO DIES AS A RESULT OF A SPORT-RELATED INJURY; TO REQUIRE EACH UNIVERSITY AND COMMUNITY OR JUNIOR COLLEGE TO PROVIDE AND REQUIRE EACH STUDENT ATHLETE TO SIGN A DISCLOSURE STATEMENT THAT INFORMS THE STUDENT ATHLETE OF THE INHERENT DANGERS ASSOCIATED WITH HIGH-IMPACT SPORTS AND THE LIMITATION OF LIABILITY FOR WHICH THE UNIVERSITY OR COMMUNITY OR JUNIOR COLLEGE WILL BE HELD RESPONSIBLE IN THE EVENT OF A SPORT-RELATED TRAUMATIC HEAD INJURY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that university athletes invest much time, effort and focus to their athletic pursuits which may result in the university or community or junior college's invitation and acceptance to a postseason bowl game, including playoff games, earning significant monies for the athlete's institution of higher learning. The Legislature further finds that athletic coaches are compensated generously from the bowl game revenues, whereas the athletes receive much less significant monetary gain from their hard work and dedication to the sport. The Legislature further finds that chronic traumatic encephalopathy (CTE) is a condition characterized by brain degeneration and is associated with repeated head trauma, which has led to behavioral and health problems, as well as death, among a number of players of high-impact sports, such as football, boxing, wrestling, ice hockey and soccer. CTE, a progressive degenerative brain disease, is often found in athletes with a history of repetitive brain trauma. That trauma can be both symptomatic concussions, as well as subconcussive (asymptomatic) hits to the head. Symptoms of CTE include:
(a) Aggression;
(b) Confusion;
(c) Depression or apathy;
(d) Impulse control issues;
(e) Memory loss;
(f) Movement problems (e.g., tremors and stiffness);
(g) Personality changes;
(h) Progressive dementia;
(i) Substance abuse; and
(j) Suicidal tendencies.
Therefore, the Legislature deems it appropriate and proper to establish a funding mechanism to providing appropriate screening and financial assistance to student athletes who sustain traumatic injuries through their participation in high-impact sports at the postsecondary education level.
SECTION 2. (1) Every university and community or junior college eligible for a postseason bowl game, including playoff games, shall establish and place into an institutional trust fund twenty-five percent (25%) of all revenue received by the university or community or junior college for being accepted into, participating in or winning a bowl game for the purpose of providing chronic traumatic encephalopathy (CTE) screenings and other benefits to student athletes. For purpose of this act the term "chronic traumatic encephalopathy" (CTE) means a degenerative brain disease found in athletes, military veterans and others with a history of repetitive brain trauma, by which a protein known as tau forms clumps that slowly spread throughout the brain, killing brain cells.
(2) The monies accumulated in the trust fund during any collegiate athlete's active eligibility period at that university or community or junior college as a team member of any high-impact sport shall be used for the following reasons:
(a) To provide annual screenings to student athletes who have suffered one (1) or multiple concussions during authorized and scheduled practices or regulation competition through any of the following methods:
(i) A computed tomography (CT) scan of the brain;
(ii) A magnetic resonance imaging (MRI) scan or functional magnetic resonance imaging (fMRI) of the brain;
(iii) A positron emission tomography (PET) scan or PET/CT of the brain;
(iv) Any combination of the tomography or imaging procedures in subparagraphs (i), (ii) or (iii);
(v) Neurological exams; or
(vi) Clinical mental health assessments.
While CTE cannot conclusively be diagnosed until a person is diseased and an autopsy is performed, a thorough understanding of the medical history of the individual through annual mental status assessments, neurological exams, brain imaging and further diagnostic tests may be used to monitor the damage and implication of head trauma sustained by a student athlete who has suffered one (1) or multiple concussions while participating in a collegiate sport's program;
(b) To provide financial assistance to a student athlete who suffers a career-ending or life-altering injury as a result of his or her participation on a collegiate athletic team, that is sustained during any authorized and scheduled practices or regulation competition to aid the student receiving the necessary medical care and other accommodation to enable the injured student athlete to maintain a quality of life as a result of diminished earning capacity and loss of potential future earnings. The financial assistance shall also be used, if the injured student athlete chooses to transfer to a different postsecondary institution, to pay the cost of transfer fees and tuition to the postsecondary institution of the student athlete's choice; and
(c) In the event of death of a student athlete as the result of an injury sustained in a high-impact sport, to provide payment, in an amount not to exceed One Hundred Thousand Dollars ($100,000.00), to the named beneficiary or immediate next of kin of the student athlete.
(3) Each university and community or junior college shall provide a disclosure statement and require each student athlete who is deemed eligible to participate and participates in a collegiate sport that is considered to be a high-impact sport to sign the appropriate sport's disclosure statement that informs the student athlete of the inherent dangers associated with the sport and the limitation of liability for which the university or community or junior college will be held responsible in the event of a sport-related traumatic head injury as described in this act.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.
