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State legislation relating to college athletics

The State Legislation Report is based largely on data provided by the Information for Public Affairs on-line state legislation system as of September 24, 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

Athlete agents -- 2

Training methods/diet -- 1

Three bills have become law since the last report. In California, the governor signed two bills that address athlete-agent regulation. In Illinois, legislation was enacted that imposes criminal penalties on persons who distribute a nonprescribed drug to youth under the age of 18 for the purpose of a quick weight gain or loss in connection with participation in athletics.

Since the last report, the state legislature in Massachusetts has adjourned. A total of 33 state legislatures have concluded their 1996 legislative sessions. Eleven state legislatures still are in regular session. Six states did not convene a regular legislative session in 1996.

CALIFORNIA A. 1987 (Author: Miller)

Athlete agent. Repeals the provision of the Labor Code requiring an athlete agent to register with the Labor Commissioner. 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 any student-athlete or educational institution 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. 8/21/96 returned to Senate, where a different version was passed. 8/31/96 Assembly concurred with Senate amendments. 9/23/96 signed by governor.

CALIFORNIA S. 1401 (Author: Ayala)

Athlete agent. Amends existing law by permitting disciplinary action against an attorney who violates any provision of the law of another state regulating athlete agents. Permits a person to be free from any obligations owed to an athlete agent who failed to comply with the provisions of the Miller-Ayala Athlete Agent Act. Provides technical amendments to California A. 1987.

Status: 1/16/96 introduced. 5/30/96 passed Senate. 8/28/96 passed as amended by Assembly. 8/31/96 Senate concurred with Assembly amendments. 9/23/96 signed by governor.

ILLINOIS H. 3617 (Author: Zickus)

Training methods/diet. Provides that any person who distributes a nonprescribed drug to a person under the age of 18, for the purpose of a quick weight gain or loss, in connection with participation in athletics is guilty of the offense of drug-induced infliction of aggravated battery of a child athlete, a Class A misdemeanor.

Status: 2/9/96 introduced. 3/27/96 passed by House. 5/9/96 passed as amended by Senate. 5/14/96 House concurred with Senate amendments. 8/9/96 signed by governor.