National Collegiate Athletic Association |
The NCAA News - News & FeaturesAugust 5, 1996State legislation relating to college athleticsThis 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 four bills from four states. The report includes three pending bills on which action has been taken since the publication of the July 8, 1996, issue of The NCAA News and one bill that has had significant legislative action but had not previously appeared in the NCAA's database searches. 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 July 23, 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 below address the following subjects: Subject& -- Number of Bills Academic fraud -- 1 Athlete agents -- 2 State athletic commission -- 1 Three bills have become law since the last report. In Delaware, the governor signed a bill that creates an Athletic Commission Study Committee to investigate the feasibility of re-establishing a State Athletic Commission. In Kentucky, legislation was enacted that imposes a criminal penalty on those who fraudulently use an educational record. In Missouri, athlete-agent legislation was passed. Since the last report, the state legislature in South Carolina has adjourned. A total of 32 state legislatures have concluded their 1996 legislative session. Twelve state legislatures are still in regular sessions. Six states did not convene a regular legislative session in 1996. California A. 1987 (Author: Miller) Athlete agent. Regulates athlete-agent conduct, including those who are 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. 7/1/96 passed as amended by Senate. 7/8/96 Assembly refused to concur with Senate amendments. To conference committee. Delaware HJR 9 (Author: Spence) State athletic commission. Creates an Athletic Commission Study Committee to investigate the feasibility of re-establishing a State Athletic Commission. Requires the committee to explore all facets of Delaware sporting events (including amateur athletics events) and to determine the duties and responsibilities of an athletics commission. Status: 5/17/95 introduced. 6/20/95 passed House. 6/12/96 passed as amended by Senate. 6/18/96 House concurred with Senate amendments. 6/24/96 signed by governor. Kentucky S. 214 (Author: Herron) Academic Fraud. Addresses the fraudulent use of educational records. Imposes a criminal misdemeanor penalty on a person who knowingly (1) makes, completes, alters or arranges for a counterfeit diploma or transcript indicating academic achievement, (2) presents a falsely made or altered diploma or transcript, or (3) makes a false written statement that he or she has received a degree or certificate indicating educational achievement in an application for admission to an educational program or an award. Prohibits further the practice of making a false written statement to induce another to issue a diploma or academic transcript. Applies to educational records issued by a secondary school, postsecondary institution or a governmental agency. Status: 2/6/96 introduced. 2/28/96 passed Senate. 3/21/96 passed House. 4/3/96 signed by governor. Missouri S. 526 (Author: Moseley) Athlete Agent. Regulates athlete-agent activities. Allows for civil damages to be imposed against a student-athlete or athlete agent when institutional notification is not provided after entering into an agent, financial-services or professional sports services contract. Status: 1/3/96 introduced. 4/3/96 passed Senate. 5/14/96 passed House. 7/12/96 signed by governor.
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