College Athlete Race and Gender Equity Act.

Existing law, on and after January 1, 2023, prohibits California postsecondary educational institutions from upholding any rule, requirement, standard or other limitation that prevents an intercollegiate student athlete from earning compensation as a result of the use of the student's name, image, or likeness. Existing law prohibits a postsecondary educational institution, athletic association, conference or other group or organization with authority over intercollegiate athletics from providing a prospective student athlete with compensation in relation to the athlete's name, image, or likeness. This bill would require institutions of higher education with sports in which 50% of the institution's total sports revenue in the state exceeds the total aggregate grant-in-aid athletics scholarship amount provided to the institution's college athletes in the sport during the reporting year to pay a name, image, and likeness royalty fee to each qualifying college athlete, as specified. The bill would require each institution of higher education to comply with Title IX of the federal Education Amendments of 1972 as it applies to college athletics, to suspend an athletic director from intercollegiate athletics responsibilities in the state for three years if Title IX compliance is not achieved on or before January 1, 2025, and maintained for at least 6 months in each 12-month period after January 1, 2025, and to preserve each athletic program's college athletes' educational opportunities and grant-in-aid athletic scholarship amounts, including by requiring program cost-cutting options be implemented before, or simultaneously with, any reduction in college athletes' aggregate unduplicated participation numbers or grant-in-aid athletic scholarship amounts. To the extent the bill would impose additional obligations on community college districts, the bill would impose a state-mandated local program. This bill would prohibit an institution of higher education that receives state funds or state tax-exempt status from compensating athletics administrative personnel in an amount that exceeds 50% of the average total intercollegiate athletics administrative personnel compensation expenses paid by institutions of higher education that belong to the Football Championship Subdivision of the National Collegiate Athletic Association. The bill also would prohibit until after January 1, 2032, an institution of higher education that receives state funds or state tax-exempt status from entering into a contract for new facility expenditures related to intercollegiate athletics unless the expenditure is necessary for matters of health and safety, would result in a net benefit to the environment, or is necessary to ensure compliance with Title IX of the federal Education Amendments of 1972. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.