National Collegiate Athletic Association

The NCAA News - News & Features

May 20, 1996

State legislation relating to college athletics



National Collegiate Athletic Association

This report summarizes legislation currently pending before state legislatures that could affect, or is otherwise of interest to, the intercollegiate athletics programs and student-athletes of NCAA member institutions. Set forth below is a list of 15 bills from eight states. The report includes two bills that have been introduced and 12 pending bills on which action has been taken since the last report (May 6, 1996, issue of The NCAA News). The newly introduced bills are marked with an asterisk (*). Pending bills identified in previous reports on which no further action has been taken do not appear in this report.

The State Legislation Report is based largely on data provided by the Information for Public Affairs on-line state legislation system as of May 6, 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

Athlete agents -- 2

Athletics facilities -- 1

High-school extracurricular/home schooling -- 6

Liability -- 1

NCAA Division I membership -- 1

Tobacco/alcohol -- 3

Training methods/diet -- 1

Since the last report, state legislatures in Florida, Hawaii, Iowa, Kansas, Tennessee and Vermont have adjourned.

California A. 1987 (Author: Miller)

Regulates athlete agent conduct, including members of the State Bar of California. Places restrictions on advertising and contract-procurement activities. Imposes criminal penalties and permits an institution of higher education to bring an action for civil damages against an athlete agent.

Status: 1/3/96 introduced. 4/22/96 passed Assembly. To Senate.

*Colorado HJR. 1039 (Author: Grampas)

Supports the efforts of the University of Denver to be reclassified as a Division I program. Urges the university to seek readmission into the Western Athletic Conference.

Status: 4/25/96 introduced. 4/29/96 passed House. To Senate.

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. Allows for an activity fee to be charged for all participants.

Status: 2/28/96 introduced. 3/19/96 passed Senate. 4/23/96 passed as amended by House. 5/2/96 conference committee report adopted by House and Senate.

Colorado S. 215 (Author: Wells)

Regulates athlete-agent conduct. Prohibits athlete agents from entering into agreements with employees of higher education institutions for client referrals of student-athletes, offering anything of value to induce a student-athlete to enter into an agreement for representation, and contacting a student-athlete in order to persuade that individual to enter into such an agreement before completion of the student-athlete's athletics eligibility. Specifies requirements for athlete-agent contracts and provides for the filing of those contracts with the student-athlete's 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-athlete, 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. 4/29/96 passed as amended by House. 4/30/96 Senate concurred with House amendments.

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 participation standards become effective at the beginning of the student's first semester of ninth grade.

Status: 3/5/96 introduced. 4/17/96 passed House as amended. 5/2/96 substituted on Senate floor for S. 920. Passed as amended by Senate. 5/3/96 House concurred with Senate amendments of S. 920.

Hawaii HCR. 324/SCR. 227/SR. 185 (Authors: Okamura/Kanno/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 HCR. 324: Introduced. 3/15/96 SCR. 227: Introduced. To Senate Committee on Health. 3/15/96 SR. 185: Introduced. 4/1/96 HCR. 324: Passed as amended by House. 4/29/96 HCR 324: Passed as amended by Senate. House concurred with Senate amendments. 4/29/96 SR 185: Passed Senate. To 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 as amended by House. 4/12/96 Senate refused to concur in House amendments. To conference committee. 4/29/96 returned to Senate for reconsideration. Senate concurred with House amendments. 4/30/96 to governor.

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

Request the Board of Education to study, with a view towards 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. 3/13/96 SCR. 169: Introduced. 4/11/96 SCR. 169: Passed Senate. 4/22/96 SCR. 169: Passed as amended by House. 4/24/96 SCR. 169: Senate concurred with House amendments. 4/29/96 SR 133: Passed Senate.

Illinois S.R. 152 (Author: O'Malley)

Establishes a task force to conduct an investigation of youth sports associations on the use of dangerous training methods aimed at reducing weight for competition.

Status: 1/24/96 introduced. 4/25/96 passed Senate.

*New Jersey S. 1066 (Author: Ewing)

Requires high-school students to have at least a 2.000 grade-point average during the grading period preceding participation in interscholastic athletics events.

Status: 5/2/96 introduced. To Senate Committee on Education.

Ohio H. 512 (Author: Jordan)

Requires that any child receiving home instruction be permitted to participate in extracurricular activities, including interscholastic athletics, operated by the school district in which the child resides.

Status: 10/25/95 introduced. 5/1/96 passed House. To Senate.

Wisconsin A. 628 (Author: Prosser)

Changes the legal standard of care from ordinary negligence to recklessness for a recreational sports player who is alleged to have caused injury to another player during a recreational team contact sports competition.

Status: 10/26/95 introduced. 3/21/96 passed Assembly. To Senate. 5/1/96 reported favorably by Senate Committee on Judiciary.