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State legislation

The State Legislation Report is based largely on data provided by the Information for Public Affairs on-line state legislation system as of April 22, 1996. The bills selected for inclusion in this report were drawn from a larger pool of measures that concern sports and, therefore, do not necessarily represent all of the bills that would be of interest to individual member institutions. Bills pending before the governing bodies of the District of Columbia and U.S. territories are not available on an on-line basis and are not included in this report.

The NCAA has not independently verified the accuracy or completeness of the data provided by Information for Public Affairs and is providing this summary as a service to its members. For further information regarding a particular bill, members should contact the state legislature concerned.

The bills set forth address the following subjects:

Subject-- Number of Bills

Academic standards -- 1

Athlete agents -- 4

Athletics facilities -- 1

High-school extracurricular/home schooling -- 5

Tax -- 1

Tickets -- 1

Tobacco/alcohol -- 2

Trainers -- 1

Women's athletics recognition -- 2

Four bills (in Colorado, Kansas, Maine and Mississippi) have become law since the last report. The new laws address the issues of academic standards, regulation of athlete agents, participation in high-school extracurricular activities and exclusion of conference tournament admissions revenue from state sales tax, respectively.

Since the last report, the Arizona and Nebraska state legislatures have adjourned. A total of 18 legislatures have adjourned for the year.

*Alabama H. 899/S. 701 (Authors: Allen/Dial)

Provide for additional requirements in the regulation of athlete agent conduct and amend the membership criteria of the Athlete Agent Regulatory Commission. Require secretary of state to report to the commission, on a quarterly basis, any suspension or revocation of a registered athlete agent. Imposes criminal penalties on a student-athlete (misdemeanor) and/or an athlete agent (felony) for failure to provide institution with written notification upon entering into an agent contract before completion of the student-athlete's last intercollegiate contest. Allow for recovery of actual and punitive damages by a college or university from the student-athlete or athlete agent for the failure to provide institutional notification. Provide for specific contract language pertaining to the right of the student-athlete to rescind the agent contract and to the consequences impacting the student-athlete's future eligibility upon entering into an agent contract. Require athlete agent to maintain financial or business records for at least four years. Subject an athlete agent that recruits, solicits or otherwise entices a student-athlete who is in grade 10 or above to all rules, regulations and laws regulating athlete agents.

Status: 4/11/96 H. 899: Introduced. To House Committee on State Administration. 4/16/96 S. 701: Introduced. To Senate Committee on Governmental Affairs. 4/18/96 H. 899: Reported favorably by House Committee on State Administration.

Colorado S. 9 (Author: Norton)

Allows the Colorado Commission on Higher Education, in determining academic standards for first-time admitted freshmen and transfer students, to consider nontraditional academic indicators as well as traditional academic indicators.

Status: 1/10/96 introduced. 1/24/96 passed Senate. 3/20/96 passed House. 4/8/96 signed by governor.

Colorado S. 207 (Author: Wells)

Permits home-school, public school and nonpublic school students to participate in extracurricular activities (including athletics) at another public school in the student's district of attendance or district of residence. Limits participation to only those students whose school or educational program does not offer the activity. Qualifying students may participate at a nonpublic school at the discretion of that school. Permits an activities fee to be charged for all participants.

Status: 2/28/96 introduced. 3/19/96 passed Senate. To House. 4/16/96 reported favorably with amendment by House Committee on Education.

Colorado S. 215 (Author: Wells)

Regulates athlete agent conduct. Prohibits athlete agents from entering into agreements with institution employees for referrals of student-athletes, offering anything of value to induce a student-athlete to enter into agreements for representation, and contacting a student-athlete in order to persuade the student-athlete to enter into such an agreement before the student-athlete's final athletics event. Specifies requirements for athlete-agent contracts and provides for the filing of those contracts with the institution. Contains institutional notification provisions and allows the student-athlete, once having signed a contract, to rescind the agreement under certain conditions. Establishes procedures for the communication of all written materials sent and for student-initiated contact with the athlete agent. Requires institutions to sponsor on-campus athletics interviews under the supervision of a compliance coordinator. Allows the attorney general or a district attorney to seek injunctive relief and impose civil penalties against any individual, other than a student, who violates certain provisions of the act. Permits institutions to bring an action for civil damages against a student-athlete and an athlete agent.

Status: 3/14/96 introduced. 4/10/96 passed Senate. 4/17/96 to House Committee on Education.

Florida H. 1041 (Author: Committee on Education)

Raises the required cumulative grade-point average for purposes of the school district comprehensive program for pupil progression and high-school graduation. Raises the requirements for participation in interscholastic extracurricular activities, including athletics, from 1.500 to 2.000 over a three-year period. Establishes that the new standards for participation are effective beginning with the student's first semester of ninth grade.

Status: 3/5/96 introduced. 4/17/96 passed House as amended. To Senate.

Florida H. 2505 (Author: Burroughs)

Requires high-school students to maintain at least a 1.500 grade-point average and pass five subjects for the grading period preceding participation in extracurricular activities. Allows a home-school student to participate in extracurricular activities at a public school (pursuant to residency requirements) or a nonpublic school (pursuant to a mutual agreement), provided that the student demonstrates educational progress equivalent to a 2.000 grade-point average in all subjects taken in the home education program. Prohibits public schools from membership in any organization or entity that regulates or governs interscholastic extracurricular activities and discriminates against eligible students in public, nonpublic or home-school programs.

Status: 3/6/96 introduced. 4/12/96 passed House as amended. 4/19/96 passed Senate.

Florida HR. 9245/SR. 3070 (Authors: Littlefield/Harris)

Declare February 6, 1997, Girls and Women in Sports Day and encourage citizens of Florida to recognize the important role that women's athletics play in the development of young women throughout the state.

Status: 4/4/96 HR. 9245 and SR. 3070: Introduced. 4/10/96 SR. 3070: To Senate Committee on Rules and Calendar. 4/12/96 HR. 9245: Passed House.

Hawaii S. 2992 (Author: Mizuguchi)

Establishes a petty misdemeanor offense, punishable by a fine not exceeding $500, for violation of any stadium authority rule regulating conduct, parking and traffic on stadium premises.

Status: 1/25/96 introduced. 3/5/96 passed Senate. 4/9/96 passed House as amended. 4/12/96 Senate refused to concur in House amendments. 4/15/96 to conference committee.

Hawaii SCR. 169/SR. 133 (Authors: Kawamoto/Kawamoto)

Request that the Board of Education study, with a view toward modifying or even lowering, the minimum 2.000 grade-point average requirement for high-school students participating in cocurricular activities, including athletics. Ask the Board of Education to report its findings and recommendations to the legislature before the end of the 1997 legislative session.

Status: 3/12/96 SR. 133: Introduced. To Senate Committee on Education. To Senate Committee on Ways and Means. 3/13/96 SCR. 169: Introduced. 4/11/96 SCR. 169: Passed Senate. To House. 4/11/96 SR. 133: Reported by Senate Committee on Education.

Hawaii SCR. 227/SR. 185 (Author: Kanno)

Urge youth athletics leagues to voluntarily adopt a policy discouraging tobacco and alcohol use by coaches and parents during league practices and games.

Status: 3/15/96 SCR. 227: Introduced. 3/15/96 SR. 185: Introduced. 4/11/96 SCR. 227: Passed Senate. To House. 4/11/96 SR. 185: Passed as amended by Senate Committee on Health.

Kansas H. 3081 (Author: Committee on Appropriations)

Requires all athlete agents to register with the secretary of state. Provides specific contract language that must be included in any agent contract. Requires institutional notification by athlete agent upon the signing of an agent contract by a student-athlete who still is attending an institution. Regulates athlete-agent advertising. Prohibits the offering of extra benefits by an athlete agent to a student-athlete. Allows an institution to conduct athlete-agent interviews on its campus. Requires institutions to adopt guidelines relating to their athlete-agent interview program. Subjects athlete agents who violate provisions of the act to possible criminal misdemeanor and civil penalties. Permits institutions to bring an action for civil damages against an athlete agent. Authorizes secretary of state to be responsible for initiating compliance and enforcement efforts. Provides secretary of state with subpoena power to compel the testimony of witnesses.

Status: 3/18/96 introduced. 3/27/96 passed House. 4/4/96 passed Senate. 4/17/96 signed by governor.

Mississippi S. 3113 (Author: Bean)

Allows for any revenue collected from sales of admissions to contests scheduled at the Conference USA Baseball Tournament, hosted by the University of Southern Mississippi during calendar year 1996, to be excluded from distribution as proceeds of regular sales tax collection. Requires proceeds to be placed in a special fund and remitted to the institution to be used to defray the expenses of hosting the tournament.

Status: 2/21/96 introduced. 2/23/96 passed Senate. 3/20/96 passed as amended by House. 3/21/96 to conference committee. 4/1/96 conference committee report adopted by House and Senate. 4/12/96 signed by governor.

*New York A. 9828 (Author: Pillittere)

Amends the arts and cultural affairs law. Establishes a maximum premium price that can be charged in excess of the established ticket price to a place of entertainment as $12.50 or 25 percent, whichever is greater. Requires that notice be posted in all print advertisements and at the point of sale disclosing the actual percentage of tickets available to the public for an entertainment event where more than 20 percent of the seating is unavailable for sale to the public. Places verbal disclosure requirements (exact location of the seat, any fee charged or added to established ticket price, refund policy, notice of obstructed or partial view) on those who sell or resell tickets to place entertainment. Sets a guaranteed refund policy for ticket holders when an event is canceled under certain circumstances. Limits the area where tickets can be resold to events in facilities in excess of 5,000 seats. Imposes more stringent criminal penalties and fines for violators of the act. Allows the attorney general to enter into reciprocal agreement with other states to regulate the sale or resale of tickets in New York state and in any other state.

Status: 3/26/96 introduced. To Assembly Committee on Tourism, Arts and Sports Development.

Oklahoma H. 2065 (Author: Cox)

Expands the definition of "athletics trainer" for the purpose of licensing regulations.

Status: 2/5/96 introduced. 3/5/96 passed House. 4/8/96 passed Senate as amended by Senate Committee on Business and Labor. 4/10/96 House refused to concur in Senate amendments. 4/17/96 to conference committee.