Amendment 5528 to Senate Bill 1150 P.N. 1711, Regular Session 2023-2024

S1150B1711A05528 DMS:CMH 07/11/24 #90 A05528

AMENDMENTS TO SENATE BILL NO. 1150

Sponsor: REPRESENTATIVE HARRIS

Printer's No. 1711

Amend Bill, page 1, lines 1 through 7, by striking out all of

said lines and inserting

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in the State System of Higher

Education, further providing for definitions and providing

for Grow Pennsylvania Merit Scholarship Program; providing

for institutions of higher education, for Grow Pennsylvania

Scholarship Grant Program and for intercollegiate athletics;

in ready-to-succeed scholarship, further providing for

agency; and making a repeal.

Amend Bill, page 1, lines 10 through 20; pages 2 through 6,

lines 1 through 30; page 7, lines 1 through 23; by striking out

all of said lines on said pages and inserting

Section 1. Section 2001-A of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended to read:

Section 2001-A. Definitions.--The following words and

phrases when used in this article shall, for the purpose of this

article, have the following meanings, respectively, except in

those instances where the context clearly indicates a different

meaning:

[(1)] "Affiliated entity" shall mean a private nonprofit

corporation with the sole purpose of benefiting the State System

of Higher Education or a State-owned university.

"Agency" shall mean the Pennsylvania Higher Education

Assistance Agency.

"Approved course of study" shall mean a program offered by an

institution that provides instruction in agriculture, computer

science, business, education, special education, STEM education,

engineering, nursing, allied health, criminal justice or other

programs aligned to in-demand occupations approved by the

agency.

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[(1.1)] "Board" shall mean the Board of Governors of the

State System of Higher Education.

"Campus police" shall mean all law enforcement personnel

employed by the system who have successfully completed a campus

police course of training approved under 53 Pa.C.S. Ch. 21

Subch. D (relating to municipal police education and training).

[(2)] "Chancellor" shall mean the chief executive officer of

the State System of Higher Education.

[(3)] "Coalition bargaining" shall mean two (2) or more

employers bargaining jointly with all of their employes in a

particular category or bargaining unit so that one collective

process would determine the conditions of employment for all

employers in the appropriate units involved.

[(4)] "Commission" shall mean the presidents of the several

institutions.

[(4.1)] "Commonwealth University of Pennsylvania" shall mean

the institution comprised of Bloomsburg University of

Pennsylvania, Lock Haven University of Pennsylvania and

Mansfield University of Pennsylvania as consolidated under

section 2002-A.

[(5)] "Council" shall mean the council of trustees of the

individual institutions.

[(6)] "Deferment" shall mean any authorized delay in the

payment by a student of all or part of his tuition fee, charges

for room and board, application fee, student activity fee, or

any other charge or fee.

[(6.1)] "Education record" shall have the same meaning as in

the Family Educational Rights and Privacy Act of 1974 (Public

Law 90-247, 20 U.S.C. § 1232g). ((6.1) added July 1, 2020,

P.L.558, No.50)

[(7)] "Employer" shall mean the Board of Governors of the

State System of Higher Education as the successor employer to

the Commonwealth of Pennsylvania.

[(8)] "Graduate assistant" means a graduate student

appointed by the president and assigned to a faculty or staff

member to assist in research, instruction and other related

professional duties.

"Grounds" shall mean all lands and buildings owned,

controlled, leased or managed by the system and all highways,

trafficways and bicycle and pedestrian facilities that traverse

or abut such lands and buildings.

[(9)] "Higher education" shall include any organized program

of instruction, research or service primarily concerned with a

field of organized knowledge, related theory, and associated

practice or application of skills and which leads to a degree;

that is, the work is creditable toward a degree.

"In-demand occupation" shall mean a job that is in demand by

employers in this Commonwealth, requires a high level of skill

and is likely to provide family-sustaining wages.

[(9.1)] "Initial member" shall mean a trustee serving on the

council of trustees as of June 30, 2022, for an institution

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consolidated under section 2002-A that has been nominated and

appointed by the Governor and confirmed by the Senate.

[(10)] "Institution" shall mean each of the State-owned

colleges and university on the effective date hereof, or

hereafter created, and including its personnel, and its physical

plant, instructional equipment, records and all other property

thereof.

[(10.1)] "Integrated council" shall mean each of the

following:

(1) The Council of Trustees of Commonwealth University of

Pennsylvania.

(2) The Council of Trustees of Pennsylvania Western

University.

"Maintenance projects" shall mean those activities,

materials, labor and contracts necessary to replace, restore,

refurbish or enhance real property which do not alter the

architectural or engineering characteristics of the structure,

as follows: painting; window repair and replacement; roof repair

and replacement; repointing and masonry repair; downspout and

gutters; landscaping; roadways, parking facilities, track and

athletic court resurfacing and reconstruction; sidewalk and

curbing reconstruction and replacement; asbestos abatement (in

accordance with all Federal and State statutes and regulations);

caulking and insulation; and replacement, reconstruction and

construction of non-load-bearing interior walls. No such project

shall affect the structural integrity of any existing facility

or utility system.

"Merit scholarship" shall mean the waiver of an amount equal

to the differential between tuition for a resident and

nonresident student.

[(10.2)] "Pennsylvania Western University" shall mean the

institution comprised of California University of Pennsylvania,

Clarion University of Pennsylvania and Edinboro University of

Pennsylvania as consolidated under section 2002-A.

[(11)] "Professional employe" for the purposes of this act,

professional employe means any employe whose work:

[(i)] (1) is predominately intellectual and varied in

character;

[(ii)] (2) requires consistent exercise of discretion and

judgment;

[(iii)] (3) requires knowledge of an advanced nature in the

field of science or learning customarily acquired by specialized

study in an institution of higher learning or its equivalent;

and

[(iv)] (4) is of such character that the output or result

accomplished cannot be standardized in relation to a given

period of time.

[(12)] "Refund" shall mean any return payment, or remission,

by an institution to a student of all or part of any sum he has

paid for tuition, room and board, application or student

activity fee or any other charge or fee.

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[(13)] "Secretary" shall mean the Secretary of Education of

the Commonwealth of Pennsylvania or such person as the secretary

may designate to act on behalf of the secretary with regard to

any of the duties and prerogatives imposed by this act.

[(14)] "State board" shall mean the State Board of

Education.

"STEM" shall mean science, technology, engineering and

mathematics.

[(15)] "Student" shall mean a person who is enrolled in a

course of study in any institution which is subject to the

provisions hereof.

[(16)] "Student association" shall mean the officially

recognized representative body of the student population of each

institution.

[(17)] "System" shall mean the State System of Higher

Education.

[(17.1)] "Transitional member" shall mean a trustee serving

on the council of trustees as of June 30, 2022, for an

institution consolidated under section 2002-A, who is appointed

to serve on an integrated council for a term beginning on July

15, 2022, until September 30, 2022, or upon confirmation of

initial members by the Senate, whichever occurs earlier.

[(18)] "Waiver" shall mean any release from initial payment

by a student of all or part of his tuition, charge for room and

board, application or student activity fee or any other charge

or fee.

[(19) "Maintenance projects" shall mean those activities,

materials, labor and contracts necessary to replace, restore,

refurbish or enhance real property which do not alter the

architectural or engineering characteristics of the structure,

as follows: painting; window repair and replacement; roof repair

and replacement; repointing and masonry repair; downspout and

gutters; landscaping; roadways, parking facilities, track and

athletic court resurfacing and reconstruction; sidewalk and

curbing reconstruction and replacement; asbestos abatement (in

accordance with all State and Federal statutes and regulations);

caulking and insulation; and replacement, reconstruction and

construction of non-load bearing interior walls. No such project

shall affect the structural integrity of any existing facility

or utility system.

(20) "Campus police" shall mean all law enforcement

personnel employed by the system who have successfully completed

a campus police course of training approved under 53 Pa.C.S. Ch.

21 Subch. D (relating to municipal police education and

training).

(21) "Grounds" shall mean all lands and buildings owned,

controlled, leased or managed by the system and all highways,

trafficways and bicycle and pedestrian facilities that traverse

or abut such lands and buildings.]

Section 2. The act is amended by adding a section to read:

Section 2022-A. Grow Pennsylvania Merit Scholarship

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Program.-- (a) Beginning with the class of first-time freshmen

enrolling for the 2025-2026 academic year, the agency, in

conjunction with the system, shall administer a program, which

is established and shall be known as the Grow Pennsylvania Merit

Scholarship Program. The agency shall award merit scholarships

to eligible nonresident students.

(b) To be eligible for receipt of a merit scholarship, an

eligible nonresident student must:

(1) Have a high school grade point average of at least 2.5

on a 4.0 scale.

(2) Be enrolled full time in person in an approved course of

study at an institution , except that a person may take online

courses that are part of the curriculum.

(3) Maintain satisfactory academic progress as defined by

the agency.

(4) Not have earned a bachelor's degree or the equivalent.

(5) Enter into a written agreement with the agency to:

(i) Satisfy all degree requirements and other requirements

of this section.

(ii) Commence employment in this Commonwealth within one

year after completion of an approved course of study culminating

in a bachelor's or associate's degree. The employment must be in

in-demand occupations , as determined by the agency, for a period

of twelve months of each academic year the student received a

merit scholarship, unless the agency determines that there are

extenuating circumstances.

(iii) Reimburse the agency the aggregate amount of a

scholarship received under this section if the student breeches

the agreement. For a student who partially satisfies the work

requirement, the agency shall prorate the required

reimbursement.

(1) Develop guidelines, including instructions for how a

nonresident student may apply for a merit scholarship and how

institutions may receive merit scholarship funds from the agency

for scholarship recipients.

(2) Monitor and verify a student's compliance with the

agreement and enforce repayment of all merit scholarships for a

student who does not comply with the provisions of this section,

including use of lawful collection procedures .

(d) A merit scholarship shall be for a maximum of four

academic years or the completion of a bachelor's degree,

whichever occurs first.

(e) (Reserved).

(f) If a student terminates enrollment in the approved

course of study during the academic year or prior to completion

of the approved course of study, the institution shall notify

the agency in writing.

(g) Nothing in this subsection shall be construed to:

(1) Change a student's eligibility for a merit scholarship

if the student terminates enrollment in one approved course of

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study and enrolls in a different approved course of study at the

same institution or another institution.

(2) Require an institution to enforce any provision of this

section relating to repayment of funds for failure to comply

with this section.

(h) Money reimbursed to the agency under this section shall

be transferred to the system.

(i) (1) The agency shall postpone the work requirement

under subsection (b)(5) for extenuating circumstances, as

determined by the agency, or if the student enrolls in a higher

level degree program.

(2) A student that enrolls in a higher level degree program

must provide the agency with documentation showing continual

status as a full-time student in order to be given a

postponement by the agency under this section.

(j) In any year when fewer than three hundred (300) merit

scholarships are awarded, the Commonwealth shall pay to the

system in the subsequent year the following amount:

(1) Subtract the number of merit scholarships awarded from

three hundred (300).

(2) Multiply the sum in paragraph (1) by the differential

between tuition for a resident and nonresident student.

(k) A merit scholarship received by a student shall not be

considered taxable income for purposes of Article III of the act

of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of

1971."

(l) The system shall provide assistance to the agency as

necessary to administer the program.

(m) The system shall actively advertise and market the

program to students and include information about the program on

the system's publicly accessible Internet website and on each

institution's publicly accessible Internet website.

(n) The agency , in consultation with the system , shall

prepare and submit to the Governor, the General Assembly and the

secretary no later than December 31, 2025, and each December 31

thereafter, a report detailing the operation of the program. The

report shall, at a minimum, include:

(1) A list of the in-demand occupations for which merit

scholarships may be sought.

(2) The number of merit scholarship applicants.

(3) The number of merit scholarships awarded to students.

(4) The number of merit scholarships awarded by approved

course of study.

(5) The number of merit scholarships awarded by institution.

(6) The average amount of the merit scholarship.

(7) The number of merit scholarship recipients that are

employed and meeting the work requirement under subsection (b)

(5).

(8) The number of merit scholarship recipients that have not

met the work requirement.

(9) The amount of money reimbursed to the agency by merit

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scholarship recipients that have not met the work requirement.

Section 3. The act is amended by adding articles to read:

ARTICLE XX-L

INSTITUTIONS OF HIGHER EDUCATION

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 2001-L. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency." The Pennsylvania Higher Education Assistance

Agency.

"Board." The State Board of Higher Education established

under section 2010-L.

"Community college." An institution created under Article

XIX-A or the act of August 24, 1963 (P.L.1132, No.484), known as

the Community College Act of 1963.

"Council." The Performance-based Funding Council established

under Subarticle C.

"Department." The Department of Education of the

Commonwealth.

"Financial aid." Funding to help a student pay for

postsecondary education, including grants, work study, loans and

scholarships.

"High-priority occupation." An occupation identified by the

Department of Labor and Industry under the act of December 18,

2001 (P.L.949, No.114), known as the Workforce Development Act.

"Higher Education Scholarship Law." The act of January 25,

1966 (1965 P.L.1546, No.541), referred to as the Higher

Education Scholarship Law.

"Independent institution of higher education." An

institution of higher education which is operated not for

profit, located in and incorporated or chartered by the

Commonwealth and entitled to confer degrees as specified in 24

Pa.C.S. § 6505 (relating to power to confer degrees) and to

apply to itself the designation "college" or "university" as

provided for by the standards and qualifications prescribed by

the State Board of Education under 24 Pa.C.S. Ch. 65 (relating

to private colleges, universities and seminaries).

"Institution of higher education." As defined in section

1501-L.

"Institutional aid." Financial aid offered to an eligible

student directly by an institution of higher education,

including merit aid, gift aid and athletic awards.

"Pell Grant." The Federal Pell Grant or any successor

program.

"Pennsylvania State grant." A grant or scholarship awarded

under the Higher Education Scholarship Law.

"Private scholarship." Financial aid awards funded by

entities other than the Federal or State Government, including

awards by companies, service groups, foundations, organizations

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and individuals.

"Public institution of higher education." A State-owned

university, community college or State-related university.

"State-owned university." An institution which is part of

the State System of Higher Education under Article XX-A.

"State-related university." The Pennsylvania State

University, the University of Pittsburgh, Temple University and

Lincoln University.

"System." The State System of Higher Education established

under Article XX-A.

SUBARTICLE B

(Reserved)

SUBARTICLE C

(Reserved)

SUBARTICLE D

GROW PENNSYLVANIA SCHOLARSHIP GRANT PROGRAM

Section 2050-L. Definitions.

The following words and phrases when used in this subarticle

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency." The Pennsylvania Higher Education Assistance

Agency.

"Approved course of study." A program offered by an

institution of higher education that provides instruction in

agriculture, computer science, criminal justice, business,

education, special education, STEM education, engineering,

nursing, allied health, trades or other programs aligned to in-

demand occupations approved by the agency.

"Educational cost." Tuition, mandatory fees, textbooks and

other expenses paid to an institution of higher education and

approved by the agency.

"Grant." A Grow Pennsylvania Scholarship Grant awarded under

this subarticle.

"In-demand occupation." A job that is in demand by employers

in this Commonwealth, requires a high level of skill and is

likely to provide family sustaining wages.

"Institution of higher education." Either of the following:

(1) An institution of higher education that is located

in this Commonwealth and approved by the agency for

enrollment of grant recipients under the act of January 25,

1966 (1965 P.L.1546, No.541), referred to as the Higher

Education Scholarship Law.

(2) An institution of higher education established under

Article XIX-G.

"Program." The Grow Pennsylvania Scholarship Grant Program

established under this subarticle.

"STEM." Science, technology, engineering and mathematics.

"Student." An individual who is a resident of this

Commonwealth and is admitted or enrolled at an institution of

higher education.

"Trade." A program offered by the Pennsylvania College of

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Technology and Thaddeus Stevens College of Technology.

Section 2051-L. Grow Pennsylvania Scholarship Grant Program.

The Grow Pennsylvania Scholarship Grant Program is

established within the agency to award grants beginning in the

2024-2025 school year.

Section 2052-L. Agency duties.

The agency shall:

(1) Administer the program and, in its sole discretion,

award grants to students who submit a completed application

and satisfy the eligibility criteria in paragraph (4). The

agency shall develop an application form that students may

use to apply for a grant. The application of a student under

18 years of age or a student determined to be a dependent

must include the signature of a parent or guardian.

(2) Use money appropriated for the purpose of awarding

grants.

(3) Award a grant to a student in an amount of $5,000

per academic year or if the total amount of Federal and State

grants available to the student exceeds the educational cost

as determined by the agency, whichever is less. The agency,

in its discretion, may provide for partial-year awards.

(4) Establish eligibility criteria in order for a

student to receive a grant. The criteria shall, at a minimum,

include that a student must:

(i) Be a resident of this Commonwealth as defined by

the agency.

(ii) Be enrolled in an approved course of study.

(iii) Maintain satisfactory academic progress

defined by the agency.

(iv) Not have earned a bachelor's degree or the

equivalent.

(v) Enter into a written agreement with the agency

to:

(A) Satisfy all degree requirements and other

requirements under this subarticle.

(B) Commence employment in this Commonwealth

within one year after completion of an approved

course of study culminating in a bachelor's or

associate's degree. The employment must be in an in-

demand occupation , as determined by the agency, for a

period of 12 months for each academic year the

student received a grant, unless the agency

determines that there are extenuating circumstances.

amount of a scholarship received under this

subarticle if the student fails to comply with

clauses (A) and (B). For a student who partially

satisfies the work requirement, the agency shall

prorate the required reimbursement.

(5) Monitor and verify a student's compliance with the

agreement and enforce repayment of all grants for a student

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who does not comply with the provisions of this section,

including use of all lawful collection procedures. Nothing

under this paragraph shall be construed to require an

institution of higher education to enforce any provision of

this subarticle relating to repayment of funds for failure to

comply with the provisions of this section.

(6) Advertise, market and provide outreach to students

in traditionally underserved communities and include

information about the program on the agency's publicly

accessible Internet website.

Section 2053-L. Term of grant.

A grant shall be for a maximum of four academic years or the

completion of a bachelor's degree, whichever occurs first.

Section 2054-L. Grant priority.

The agency shall:

(1) Establish a process for accepting and reviewing

applications. The process shall ensure applications which

meet the eligibility criteria and are complete will be

awarded in the order received by the agency. The following

shall apply:

(i) For the 2024-2025 school year, applications

shall open no earlier than September 15.

(ii) For the 2025-2026 school year and each school

year thereafter, application shall open as follows:

(A) For the spring term, no earlier than

September 15.

(B) For the fall term, no earlier than February

15.

(2) Give first priority in awarding grants for renewal

applications.

Section 2055-L. Limitations.

The number of grants shall be limited to the amount of money

appropriated to the agency for the program.

Section 2056-L. Termination.

(a) General rule.--If a student terminates enrollment in the

approved course of study during the academic year or prior to

completion of the approved course of study, the institution of

higher education shall notify the agency in writing and shall

return any unused portion of the grant to the agency.

(b) Construction.--Nothing in this subarticle shall be

construed to change a student's eligibility for a grant if the

student terminates enrollment in one approved course of study

and enrolls in a different approved course of study at the same

institution of higher education or another institution of higher

education.

Section 2057-L. Reimbursed and returned money.

Money reimbursed and returned under sections 2052-L and 2056-

L shall be used to provide additional grants.

Section 2058-L. Exception.

The agency shall postpone the work requirement under section

2053-L for extenuating circumstances, as determined by the

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agency, or if the student enrolls in a higher level degree

program. A student that enrolls in a higher level degree program

must provide the agency with documentation showing continual

status as a full-time student in order to be given a

postponement by the agency under this section.

Section 2059-L. Taxation.

A grant received by a student shall not be considered taxable

income for purposes of Article III of the act of March 4, 1971

(P.L.6, No.2), known as the Tax Reform Code of 1971.

Section 2060-L. Construction.

Nothing in this subarticle shall be construed to disqualify

an institution of higher education from receipt of money under

the act of July 18, 1974 (P.L.483, No.174), known as The

Institutional Assistance Grants Act.

Section 2061-L. Public outreach.

The agency shall actively advertise and market the program to

resident students and include information about the program on

the agency's publicly accessible Internet website.

Section 2062-L . Report.

The agency shall prepare and submit to the Governor, the

General Assembly and the Secretary of Education no later than

December 31, 2025, and each December 31 thereafter, a report

detailing the operation of the program. The report shall, at a

minimum, include:

(1) A list of the in-demand occupation for which grants

may be sought.

(2) The number of new grant applicants and renewal grant

applications.

(3) The number of grants awarded to students.

(4) The number of grants awarded to students by approved

course of study.

(5) The number of grants awarded to students by

institution of higher education.

(6) The average value of a grant award.

(7) The number of grant recipients that are employed and

meeting the work requirement under section 2052-L(4)(vi)(B).

(8) The number of grant recipients that are employed and

meeting the work requirement by occupation.

(9) The number of grant recipients that have not met the

work requirement.

(10) The amount of money reimbursed to the Commonwealth

by grant recipients that have not met the work requirement.

ARTICLE XX-M

INTERCOLLEGIATE ATHLETICS

Section 2001-M. Scope of article .

This article relates to college student athlete compensation

related to name, image or likeness and professional

representation.

Section 2002-M. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

"Athlete agent." As defined in 5 Pa.C.S. § 3502 (relating to

definitions).

"College student athlete." An individual enrolled at an

institution of higher education who participates in

intercollegiate athletics for the institution of higher

education. The term does not include an individual whose

participation is or was in a college intramural sport, club

sport or in a professional sport outside of intercollegiate

athletics.

"Institution of higher education." Any of the following:

(1) A university within the State System of Higher

Education.

(2) The Pennsylvania State University, the University of

Pittsburgh, Temple University, Lincoln University or any

other institution designated as State-related by the

Commonwealth.

(3) The Thaddeus Stevens College of Technology.

(4) A community college as defined in Article XIX-A .

(5) A college established under Article XIX-G.

(6) An institution of higher education located in and

incorporated or chartered by the Commonwealth and entitled to

confer degrees as specified in 24 Pa.C.S. § 6505 (relating to

power to confer degrees) and as provided for by the standards

and qualifications prescribed by the State Board of Education

under 24 Pa.C.S. Ch. 65 (relating to private colleges,

universities and seminaries).

(7) A private school licensed under the act of December

15, 1986 (P.L.1585, No.174), known as the Private Licensed

Schools Act.

(8) A foreign corporation approved to operate an

educational enterprise under 22 Pa. Code Ch. 36 (relating to

foreign corporation standards).

"NCAA." The National Collegiate Athletic Association.

Section 2003-M. Compensation regarding college student

athlete's name, image or likeness rights.

(a) Compensation allowed.--A college student athlete may

earn compensation for the use of the college student athlete's

name, image or likeness under this article .

(b) Prohibition regarding institutions of higher

education.--An institution of higher education may not uphold a

rule, requirement, standard or other limitation that prevents a

college student athlete of the institution of higher education

from earning compensation through the use of the college student

athlete's name, image or likeness rights.

entities.--An athletic association, conference or other group or

organization with authority over intercollegiate athletics,

including the NCAA, may not:

(1) Prevent a college student athlete from earning

compensation through the use or license of the college

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student athlete's name, image or likeness rights.

(2) Prevent an institution of higher education from

fully participating in intercollegiate athletics as a result

of a college student athlete's use of the college student

athlete's name, image or likeness rights to seek

compensation.

(3) Entertain a complaint, open an investigation or take

any other adverse action against an institution of higher

education, or an entity acting on its behalf, an employee of

an institution of higher education or a college student

athlete for activity permitted under this article or for

directly compensating a college student athlete for use of

the college student athlete's name, image or likeness.

(d) Royalty payment.--A person that produces a college team

jersey, a college team video game or college team trading cards

for the purpose of making a profit shall make a royalty payment

to each college student athlete whose name, image, likeness or

other individually identifiable feature is used.

Section 2004-M. Professional representation.

(a) Prohibitions.--

(1) An institution of higher education, athletic

association, conference or other group or organization with

authority over intercollegiate athletics, including the NCAA,

may not interfere with or prevent a college student athlete

from fully participating in intercollegiate athletics for

obtaining professional representation in relation to

contracts or legal matters, including representation provided

by athlete agents or legal representation provided by

attorneys, in relation to a college student athlete's use of

the college student athlete's name, image or likeness rights.

(2) An athletic association, conference or other group

or organization with authority over intercollegiate

athletics, including the NCAA, may not prevent an institution

of higher education from fully participating in

intercollegiate athletics without penalty to the institution

or individual student as a result of a college student

athlete obtaining professional representation in relation to

contracts or legal matters, including representation provided

by athlete agents or legal representation provided by

attorneys, in relation to a college student athlete's use of

the college student athlete's name, image or likeness rights.

(b) Qualifications.--Professional representation obtained by

a college student athlete shall be from a person:

(1) acting as an athlete agent in accordance with 5

Pa.C.S. Ch. 35 (relating to athlete agents); or

(2) admitted to practice law by a court of record of

this Commonwealth.

authorizes an athlete agent, acting in accordance with 5 Pa.C.S.

Ch. 35, to negotiate or solicit compensation for the use of the

college student athlete's name, image or likeness shall include

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a statement that the contract does not obligate the college

student athlete to use the athlete agent for any service beyond

professional representation in relation to the use of the name,

image or likeness.

Section 2005-M. Scholarships.

(a) Eligibility.--Earning compensation from the use of a

college student athlete's name, image or likeness rights may not

affect the college student athlete's scholarship eligibility,

duration or renewal.

(b) Compensation.--

(1) For purposes of this article , an athletics grant-in-

aid or stipend scholarship from an institution of higher

education in which a college student athlete is enrolled may

not be considered to limit a college student athlete's right

to use the college student athlete's name, image or likeness

rights, except as expressly provided in this section.

(2) An athletics grant-in-aid or stipend scholarship may

not be revoked or reduced as a result of a college student

athlete earning compensation under this article , except if

otherwise mandated by Federal or State student aid

guidelines.

Section 2006-M. Contracts.

(a) Opportunities.--An institution of higher education,

athletic association, conference or other group or organization

with authority over intercollegiate athletics may not be

required to identify, create, facilitate, negotiate or enable

opportunities for a college student athlete to earn compensation

for the college student athlete's use of the college student

athlete's name, image or likeness rights.

(b) Use of trademarks.--This article shall not establish or

grant a right to a college student athlete to use the name,

trademarks, services marks, logos, symbols or any other

intellectual property, registered or unregistered, of an

institution of higher education, athletic association,

conference or other group or organization with authority over

intercollegiate athletics, in furtherance of the college student

athlete's opportunities to earn compensation for the college

student athlete's use of the college student athlete's name,

image or likeness rights.

an institution of higher education to establish and enforce any

of the following:

(1) Academic standards, requirements, regulations or

obligations for the institution of higher education's college

student athletes.

(2) Team rules of conduct or other rules of conduct.

(3) Standards or policies regarding the governance or

operation of or participation in intercollegiate athletics.

(4) Disciplinary rules and standards generally

applicable to all students of the institution of higher

education.

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(d) Prohibition.--A college student athlete may not earn

compensation as a result of the use of the college student

athlete's name, image or likeness in connection with a person,

company or organization related to or associated with the

development, production, distribution, wholesaling or retailing

of any of the following:

(1) Adult entertainment products and services.

(2) Alcohol products.

(3) Casinos and gambling, including sports betting, the

lottery and betting in connection with video games, online

games and mobile devices.

(4) Tobacco and electronic smoking products and devices.

(5) Prescription pharmaceuticals.

(6) A controlled dangerous substance.

(e) Prohibition.--

(1) An institution of higher education may prohibit a

college student athlete's involvement in name, image or

likeness activities that conflict with existing institutional

sponsorship arrangements at the time the college student

athlete executes a contract or discloses a contract to the

institution of higher education as described under subsection

(f).

(2) An institution of higher education, at the

institution of higher education's discretion, may prohibit a

college student athlete's involvement in name, image or

likeness activities based on other considerations, such as

conflict with institutional values, as defined by the

institution of higher education.

(3) An institution of higher education shall have

policies that specify the name, image or likeness activities

in which college student athletes may or may not engage.

(f) Disclosure.--The following apply:

(1) A college student athlete who proposes to enter into

a contract providing compensation to the college student

athlete for use of the college student athlete's name, image

or likeness rights may disclose the contents of the contract

prior to execution of the contract to an official of the

institution of higher education, who is designated by the

institution of higher education.

(2) An institution of higher education may have policies

that specify when the contract should be disclosed and the

contents of the contract to be disclosed in accordance with

paragraph (1).

(3) If an institution of higher education receives

direct financial compensation from a third party arising from

the third party's contract with a college student athlete

relating to the use of a college student athlete's name,

image or likeness, the institution shall be required to

disclose in a timely manner the financial relationship

between the institution and the third party to the college

student athlete. This section shall not apply to compensation

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received by the institution of higher education for the use

of the institution's intellectual property.

Section 2007-M. Violations and claims.

(a) Protections and right to adjudicate.--A college student

athlete, institution of higher education or conference shall not

be deprived of a protection provided under State law with

respect to a controversy that arises in this Commonwealth and

shall have the right to adjudication in this Commonwealth of a

claim that arises in this Commonwealth.

(b) Private civil action.--A college student athlete shall

have the right to pursue a private civil action against a person

that violates this article . The court shall award costs and

reasonable attorney fees to a prevailing plaintiff in an action

brought against a person violating this article .

Section 2008-M. Settlements.

Legal settlements made on or after June 30, 2021, may not

permit noncompliance with this article .

Section 2009-M. Severability.

The provisions of this article are severable. If any

provision of this article or the application of any provision of

this article is held to be invalid, that invalidity shall not

affect any other provision or application of any other provision

that can be given effect without the invalid provision or

application.

Section 4. Section 2204-B(b) of the act is amended to read:

Section 2204-B. Agency.

* * *

(b) Eligibility criteria.--The eligibility criteria

developed for the receipt of a scholarship under subsection (a)

shall, at a minimum, require all of the following:

(1) Total annual household income not to exceed

[$126,000] $175,000. With each new award year, the agency may

annually adjust the total annual household income threshold

under this paragraph to reflect any upward changes in the

Consumer Price Index for All Urban Consumers (CPI-U) for the

Pennsylvania, New Jersey, Delaware and Maryland area.

(2) At least half-time enrollment in an approved course

of study.

(3) Demonstration of a grade point average of at least

[3.25] 2.5 on a 4.0 scale.

(4) Compliance with all aspects of the State grant

program except financial need.

* * *

Section 5. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of

Article XX-M of the act.

(2) 5 Pa.C.S. Ch. 37 is repealed.

Section 6. The addition of Article XX-M of the act is a

continuation of 5 Pa.C.S. Ch. 37. All activities initiated under

5 Pa.C.S. Ch. 37 shall continue and remain in full force and

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effect and may be completed under Article XX-M of the act.

Orders, regulations, rules and decisions which were made under 5

Pa.C.S. Ch. 37 and which are in effect on the effective date of

section 5(2) of this act shall remain in full force and effect

until revoked, vacated or modified under Article XX-M of the

act. Contracts, obligations and collective bargaining agreements

entered into under 5 Pa.C.S. Ch. 37 are not affected nor

impaired by the repeal of 5 Pa.C.S. Ch. 37.

Section 7. This act shall take effect immediately.

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