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The NCAA Division II Management Council, pursuant to its authority per NCAA Constitution 5.4.1.1.1, has determined that the following proposal is consistent with the intent of the membership in adopting the original legislation and that sufficient documentation and testimony exists to establish clearly that the original wording of the legislation was inconsistent with that intent.
The Division II Management Council, by a two-thirds majority of its members present and voting, shall have the authority to recommend intent-based legislation, subject to ratification by the Division II Presidents Council. Any proposal ratified by the Presidents Council shall be effective as of the date identified in the proposal, published in The NCAA News and submitted by the Presidents Council as legislation at the 2002 NCAA Convention.
The proposal previously has been approved in legislative form. The page numbers in the proposal refer to the 2000-01 NCAA Division II Manual. Bold type indicates new wording; italicized type indicates wording removed.
Legislative Process -- Amendment-to-Amendment Requirements
Intent:
To specify that amendment-to-amendments may be sponsored by one conference or eight active member institutions.[Note: This amendment will be moot if 2001 NCAA Convention Proposal No. 10 is defeated.]
Bylaws:
Amend 5.3.4.2, page, as follows:"5.3.4.2 Amendment-to-Amendment. An amendment to an amendment of a provision of the bylaws may be sponsored by:
"(a) The Presidents Council;
"(b) Eight or more active member institutions with voting privileges on written verification of sponsorship signed by each sponsoring member's chief executive officer or the chief executive officer's designated representative;
"(c) At least one member conference with voting privileges when submitted by the chief elected or executive officer of the conference on behalf of 15 8 or more of their active member institutions and signed by the chairs of the conference's official presidential administrative groups or at least two chief executive officers of a conference's member institutions if a conference has no presidential administrative group."
Source:
NCAA Division II Presidents Council (Management Council).Effective date:
August 1, 2001.© 2010 The National Collegiate Athletic Association
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