The NCAA News - News Features

State legislation relating to college athletics

This report highlights state legislation enacted in 1996 and summarizes key provisions of each bill that could affect, or is otherwise of interest to, the intercollegiate athletics programs and student-athletes of NCAA member institutions.

The report details 24 bills enacted into law from 19 states. The two areas of greatest legislative activity (athlete agents and high-school extracurricular participation/home-school students) are further profiled with an overall summary of all state activity in each area. All legislation set forth in this report previously appeared in columns published by The NCAA News during the past year.

This report is based largely on data provided by the Information for Public Affairs on-line state legislation system as of November 12, 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 report as a service to its members. For further information regarding a particular bill, members should contact the state legislature concerned.

Index of 1996 Enacted State Legislation

Subject - Number of Bills

Academic fraud - 1

Academic standards - 1

Anabolic steroids - 1

Athlete agents - 7

Athletics facilities - 2

Athletic trainers - 1

Gender equity - 1

High-school extracurricular/home school - 3

Liability - 2

Residency criteria - 1

State athletics commission - 1

Taxation - 1

Tickets - 1

Training methods/diet. - 1

Academic fraud

Kentucky S. 214 (Author: Herron)

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 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.

Academic standards

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.

Anabolic steroids

Tennessee S. 2211 (Author: Rhinehart/McNally)

Redefines "anabolic steroids" to exclude use administered in conjunction with estrogen for hormone deficient women.

Athlete agent

California A. 1987 (Author: Miller)

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.

California S. 1401 (Author: Ayala)

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.

Colorado S. 215 (Author: Wells)

Regulates athlete-agent conduct. 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 and for student-initiated contact with the athlete agent. Requires institutions to sponsor on-campus athlete-agent interviews under the supervision of a compliance coordinator. Allows the attorney general or a district attorney to seek injunctive relief and 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.

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 an athlete agent upon the signing of an agent contract by a student-athlete who is still 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 programs. 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 the secretary of state to be responsible for initiating compliance and enforcement efforts. Provides the secretary of state with subpoena power to compel the testimony of witnesses.

Missouri S. 526 (Author: Moseley)

Regulates athlete-agent activities. Requires all athlete agents to register with the secretary of state. Provides specific contract language that must be included in any athlete agent contract. Allows for criminal misdemeanor and civil penalties to be sought 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.

Tennessee S. 1947 (Authors: Buck/Womack)

Creates a felony offense for an athlete agent, or any person acting on behalf of an athlete agent, who knowingly offers, gives or loans anything of value to a student-athlete with remaining eligibility for the purpose of inducing the student-athlete to enter into an agent or professional sports services contract.

Tennessee H. 3119 (Author: Gilbert/Sharp)

Requires athlete agents to register with and obtain a permit from the secretary of state. Imposes criminal penalties and provides for permit revocation or suspension for violations of the act. Holds athlete agent and student-athlete jointly and severally liable for any damages awarded to an institution for a violation of the provisions of the act that occurred during the student-athlete's period of eligibility.

Athlete-agent legislation summary

In 1996, 19 athlete-agent bills were introduced in seven state legislatures and seven were enacted into law. In general, much of the athlete-agent legislation was aimed at regulating athlete-agent conduct, placing restrictions on athlete-agent advertising and contract procurement activities, and increasing the severity of criminal penalties against an athlete agent who violates provisions of the state, athlete-agent act. In addition, some of the bills also impose criminal and/or civil penalties on student-athletes (with remaining eligibility) who failed to notify their institutions upon signing an agent or professional sports services contract. The most common provision found in many of the 1996 athlete-agent bills enables universities and colleges to seek civil damages from an athlete agent who violates the provisions of the state athlete-agent law.

Athletics facilities

Alabama S. 432 (Author: Adams)

Requires all capital budget requests by public higher education institutions, including those for the renovation or construction of athletics facilities, to be prioritized and approved by the state legislature's Joint Fiscal Committee.

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.

Athletic trainers

Oklahoma H. 2065 (Author: Cox)

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

Gender equity

Minnesota H. 2042 (Author: Kahn)

Amends the Human Rights Act to permit the restriction of membership on an athletics team (program or event) to participants of one sex whose overall athletics opportunities previously have been limited. Allows one team to be restricted to members of the underrepresented sex when two such teams are provided in the same sport. Permits members of either sex to try out for the other team.

High-school extracurricular/home-school students

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. Allows qualifying students to participate at a nonpublic school at the discretion of that school. Permits an activity fee to be charged for all participants.

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.

Maine H. 1327 (Author: Committee on Home Schools)

Permits home-school students to participate in extracurricular activities when the student complies with the same physical examination, age and semester eligibility requirements, as well as meeting equivalent academic standards established for regularly enrolled students. Provides guidelines for home-school students to use the books, equipment and facilities of the public school those students otherwise would attend.

High-school extracurricular/ home-school student legislation summary

In 1996, seven bills were introduced (and one was enacted into law) that would permit home-school students to participate in interscholastic athletics at a public school within their home school district. One bill was introduced and enacted into law that allows home-school students (and public and nonpublic students) to participate in interscholastic athletics at another public school in the student's district when the local public school does not offer the sport. Home-school legislation was introduced in the states of Alaska, Arizona, Colorado, Minnesota, New Mexico, Tennessee (two bills) and Virginia. In addition, eight bills were introduced (one was enacted into law) that established or raised existing, minimum academic standards needed to participate in interscholastic athletics.

Liability

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.

Wyoming S. 65 (Author: Larson)

Amends the Recreation Safety Act by modifying the definition of "inherent risk." Clarifies both the risk assumed by participants in sport and recreational activities and the duty owed by providers, including institutions of higher education, of such sport activities.

Residency criteria for postsecondary institutions

South Dakota H. 1348 (Author: Committee on State Affairs)

Establishes residency criteria for the purpose of attending a postsecondary institution.

State athletics commission

Delaware HJR 9 (Author: Spence)

Creates an Athletic Commission Study Committee to examine 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 athletic commission.

Taxation

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.

Tickets

New York S. 5362 (Author: Skelos)

Extends existing law pertaining to the sale and resale of tickets to places of entertainment, including sporting events.

Training methods

Illinois H. 3617 (Author: Zickus)

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.

Legislation enacted (by state)

ALABAMA:

Athletics facilities

AL S. 432

CALIFORNIA:

Athlete agents

CA A. 1987

CA S. 1401

COLORADO:

Academic standards

CO S. 9

High-school extracurricular/home-school students

CO S. 207

Athlete agents

CO S. 215

DELAWARE:

State athletics commission

DE HJR 9

FLORIDA:

High-school extracurricular/home-school students

FL H. 2505

HAWAII:

Athletics facilities

HA S. 2992

ILLINOIS:

Training methods

IL H. 3617

KANSAS:

Athlete agents

KS H. 3081

KENTUCKY:

Academic fraud

KY S. 214

MAINE:

High-school extracurricular/home-school students

ME H. 1327

MINNESOTA:

Gender equity

MN H. 2042

MISSISSIPPI:

Taxation

MS S. 3113

MISSOURI:

Athlete agents

MO. S. 526

NEW YORK:

Tickets

NY S. 5362

OKLAHOMA:

Athletic trainers

OK H. 2065

TENNESSEE:

Athlete agents

TN S. 1947

TN H. 3119

Anabolic steroids

TN S. 2211

SOUTH DAKOTA:

Residency criteria

SD H. 1348

WISCONSIN:

Liability

WI A. 628

WYOMING:

Liability

WY S. 65