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The NCAA News - News and FeaturesFebruary 10, 1997 State 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 40 bills from 16 states that have been introduced in state legislatures since the beginning of 1997. All newly introduced bills, including those prefiled prior to the beginning of the 1997 legislative session, are marked with an asterisk (*). The State Legislation Report is based largely on data provided by the Information for Public Affairs on-line state legislation system as of January 27, 1997. 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:
*Arizona (Author: Huppenthal) High-school extracurricular/home schooling. Provides home or charter school students with the opportunity to compete for a position in an interscholastic competition on behalf of a public school within the student's attendance area. Establishes additional eligibility requirements, including written verification that the student is receiving a passing grade in each subject being taught for home or charter school students, in order to participate in interscholastic athletics competition. Status: 1/13/97 introduced. 1/16/97 passed as amended by Senate Committee on Education. *California AB 114 (Author: Battin) Alcoholic beverages. Allows golf course facilities (holding liquor licenses), including university-operated courses, to make sales of alcoholic beverages from any golf cart that operates on the golf course premises. Status: 1/13/97 introduced. *Connecticut H. 5127 (Author: Villano) Athlete agents. Establishes additional requirements for the conduct of athlete agents. Allows athletes to cancel contracts with athlete agents within six business days after the contract date. Requires that interviews between student-athletes and athlete agents be conducted in accordance with any policies adopted by institutions of higher learning in the state. Sets a maximum fee for athlete agents. Provides limitations on the transfer of interests or rights to participate in profits made by athlete agents. Status: 1/8/97 introduced. To Joint Committee on General Law. *Connecticut H. 5623 (Author: Schiessl) Athletic trainers. Sets new standards for the practice and licensing of athletic trainers. Restricts the practice to those who are licensed. Status: 1/15/97 introduced. To Joint Committee on Public Health. *Connecticut S. 416 (Author: Looney) Liability. States that the legal doctrine of assumption of risk shall not be abolished in actions where injury was caused in connection with participation in a sport or recreational activity. Status: 1/16/97 introduced. To Joint Committee on Judiciary. *Connecticut S. 654 (Author: Upson) Sports officials. Provides sports officials with immunity from liability for player injuries, except in cases of gross negligence. Status: 1/21/97 introduced. To Joint Committee on Judiciary. *Florida S. 118 (Author: Crist) Tax. Exempts from taxation the admission fee paid to semifinal and final games of a national collegiate tournament. Status: 12/30/96 prefiled. 1/10/97 to Senate Committee on Commerce and Economic Opportunities. *Hawaii H. 306 (Author: Arakaki) Sports officials. Creates misdemeanor criminal offense in cases where an "athletic contest official" is physically assaulted. Defines "athletic contest official" as any person who officiates at a publicly exhibited contest, including an umpire, referee, judge, linesperson, timer or scorekeeper. Status: 1/17/97 introduced. *Hawaii S. 403 (Author: Okamura) Athletics program funding. Makes an appropriation from the general revenues of the state to provide additional funds to support the University of Hawaii athletics programs. Status: 1/17/97 introduced. *Hawaii S. 1009 (Author: Taniguchi) Sports officials. Creates an assault in the second degree penalty for any person who intentionally or knowingly causes bodily injury to an "athletic contest official" immediately prior to, during, or immediately following any organized amateur or professional athletics contest in which the official is participating. Limits civil liability for "athletic contest officials" who are sued for damages by a player, participant or spectator as a result of the official's activities or omissions. Status: 1/21/97 introduced. 1/22/97 to Senate Committee on Economic Development. *Hawaii S. 1010 (Author: Taniguchi) Sports officials. Exempts from the definition of "employment," under Hawaii employment security law, service performed by athletics contest officials. Status: 1/21/97 introduced. 1/22/97 to Senate Committee on Human Resources. *Massachusetts S. 145 (Author: Clancy) Sports wagering. Subjects those who publish, communicate, receive, exhibit or display, in any manner, information that speculates on the outcome of a nonprofessional sporting event to a fine of not more than $1,000 or imprisonment for not more than one year. Status: 1/1/97 introduced. To Joint Committee on Criminal Justice. *Massachusetts S. 301 (Author: Pines) Gender equity. Requires each public school district to furnish annually to the department of education and make available to the public, in a timely fashion, information on athletics program participation rates and financial support data for each men's team, women's team and coeducational team. Status: 1/1/97 introduced. To Joint Committee on Education, Arts and Humanities. *Massachusetts S. 461 (Author: Lees) Anabolic steroids. Regulates the use of anabolic steroids. Defines and adds "anabolic steroid" to the list of regulated substances. Status: : 1/1/97 introduced. To Joint Committee on Criminal Justice. *Mississippi H. 424 (Author: Warren) Student crime reporting. Clarifies reporting requirements of law enforcement agencies and courts when arrests of students in private and public schools and educational institutions are made. Status: 1/7/97 introduced. To House Select Committee on Juvenile and School-Related Crime. *Mississippi H. 465 (Author: Short) Tickets/scalping. Imposes a fine of not more than $1,000 or imprisonment for not more than one year, or both, for persons who sell tickets, in excess of their face value, to any athletics contest of a college or university of the state of Mississippi. Status: 1/7/97 introduced. 1/23/97 passed by House Committee on Judiciary B. *Mississippi H. 747 (Author: McInnis) Athletics schedules. Requires all Division I-A universities in the state to play annually against each other in all sports. Status: 1/7/97 introduced. To House Committee on Universities and Colleges. To House Committee on Appropriations. *Mississippi H. 750 (Author: Rotenberry) Athletics facilities. Requires all institutions of higher learning in the state to play in the Veterans Memorial Stadium in Jackson, Mississippi, when playing each other in football. Status: 1/7/97 introduced. To House Committee on Universities and Colleges. To House Committee on Appropriations. *Missouri H. 368 (Author: O'Toole) Liability. Provides immunity from civil liability, except in cases of gross negligence or willful or wanton acts, for any state licensed physician or surgeon who volunteers to provide emergency medical treatment, without compensation, at amateur sporting events. Status: 1/22/97 introduced. *Nebraska L. 46 (Author: Will) Sports wagering. Proposes an amendment to the state constitution to permit the enactment of laws providing for the licensing and regulation of wagering on the results of sporting events. Status: 1/15/97 introduced. To Legislative Committee on General Affairs. *Nebraska L. 359 (Author: Will) Sports wagering. Creates the Sports Wagering Act. Provides regulations governing the operation of sports wagering in the state. Status: 1/9/97 introduced. 1/21/97 to Legislative Committee on General Affairs. *Nebraska L. 762 (Author: Pedersen) Athletic trainers. Relates to athletic trainers. Expands definition of "athletic trainer." Allows for licensed athletic trainer to practice athletic training for educational institutions or in other situations under the direction of a licensed physician. Status: 1/22/97 introduced. *Nebraska L. 766 (Author: Brashear) Athlete agents. Requires athlete agents to register with the secretary of state and allows institutions of higher education to request copies of athlete-agent disclosure statements. Regulates athlete-agent activities. Imposes Class I misdemeanor penalties against athlete agents in violation of certain provisions of the act. Allows an institution or a student-athlete to file a civil suit for damages as a result of an athlete agent's actions or omissions in violation of the act. Status: 1/22/97 introduced. *New Jersey S. 1807 (Author: Sinagra) Athletic trainers. Amends the Athletic Training Practice Act to require that athletic trainers be licensed according to the bill's provisions. Requires proof of completion of a program of baccalaureate education with specific coursework and the successful completion of an examination administered by the National Athletic Trainers Association Board of Certification (or equivalent examination) in order to receive licensure. Permits persons who are currently registered as an athletic trainer to become licensed without satisfying the bill's curriculum and examination requirements by making a timely renewal application. Status: 1/23/97 introduced. To Senate Committee on Commerce. *New York A. 145/S. 457 (Authors: Hoyt/Holland) Tickets. Amends the art and cultural affairs laws regarding the regulation of the sale of tickets to places of entertainment and sporting events. Limits service charges for sale of tickets and requires disclosure of such fees. Requires disclosure of obstructed-view seats. Provides for other related provisions regarding refunds. Imposes criminal misdemeanor penalties for violators of the act. Status: 1/8/97 A. 145 and S. 457: Introduced. To Assembly Committee on Tourism, Arts and Sports Development. To Senate Committee on Investigations, Taxation and Government Operations. *New York A. 309 (Author: Brodsky) Academic standards. Prohibits institutions of higher education from offering athletics scholarships based upon NCAA initial-eligibility standards. Status: 1/8/97 introduced. To Assembly Committee on Education. *New York A. 386 (Author: Brodsky) Athlete agents. Amends existing law and provides for the secretary of state to regulate and license independent contractors (athlete agents) who seek to recruit or solicit athletes to enter into agency contracts or professional sport services contracts. Permits the secretary of state to establish fees for athlete agents in the amount necessary to cover the administration and enforcement of the act. Requires athlete agents to pay a license fee to and deposit a surety bond, not to exceed $100,000, with the secretary of state. Places restrictions on advertising and contract procurement activities. Imposes a fine and criminal misdemeanor penalties for violation of the act. Status: 1/8/97 introduced. 1/8/97 to Assembly Committee on Economic Development, Job Creation, Commerce and Industry. 1/27/97 to Assembly Committee on Governmental Operations. *New York A. 1548/S. 628 (Author: Tocci/Cook) Liability. Provides immunity from civil liability to persons assisting in sports programs of nonprofit organizations, including the NCAA. Status: 1/13/97 S. 628: Introduced. To Senate Committee on Judiciary. 1/15/97 A. 1528: Introduced. To Assembly Committee on Judiciary. *North Dakota H. 1295 (Author: Tollefson) Tuition. Specifies that the tuition rate for nonresident students attending state institutions of higher learning shall be equal to or greater than three times the rate of tuition for resident students. Clarifies that the board of education shall set the rate of tuition for nonresident students. Status: 1/13/97 introduced. To House Committee on Government and Veteran Affairs. *North Dakota H. 1454 (Author: Glassheim) Tuition. Amends the definition of a "resident student" for tuition purposes to include a person whose parent graduated from an institution of higher education under the control of the state board of higher education. Status: 1/20/97 introduced. To House Committee on Education. *South Carolina S. 246 (Author: Short) High-school curriculum. Relates to physical education requirements in public schools. Allows for training in a discipline that provides a comparable amount of rigorous physical activity, as determined by the department of education, to satisfy the physical education instruction requirement. Status: 1/23/97 introduced. To Senate Committee on Education. *Texas HCR. 24 (Author: Serna) Violence education. Encourages Texas colleges and universities to include a course on antiviolence education, with a special emphasis given to the prevention of acquaintance or date rape, in their school curriculum. Status: 1/14/97 introduced. *Texas H. 369 (Author: Kubiak) Athlete agents. Provides for additional penalties for those who are repeat offenders under the state's athlete-agent law. Subjects repeat offenders to a fine not to exceed $250,000, confinement in jail of up to one year, or both. Creates a provision that requires a judge granting community supervision to a defendant to impose at least 30 days' confinement in jail. Status: 1/14/97 introduced. *Texas H. 562 (Author: Raymond) Open records law. Exempts from the open records law certain information related to the strategies or tactics (e.g, playbook) of a student or institution participating in an athletics or other scholastic competition. Status: 1/17/97 introduced. *Virginia H. 545 (Author: Callahan) High-school extracurricular/home schooling. Authorizes the board of education to examine the policies and practices of local school boards pertaining to home school students' access to public school classes and extracurricular activities. Requests that the board identify the types of public school courses and extracurricular activities in which children frequently participate, determine the impact of such participation on school staff and resources, and determine whether there is a need for a statutory amendment and the issuance of board policy, guidelines and regulations in this area. Status: 1/20/97 introduced. To House Committee on Education. *Virginia H. 2359 (Author: Almand) Employee criminal history reviews. Permits criminal history record checks for employees or volunteers of organizations, including institutions of higher education, that offer sports activities for minors. Establishes a Class 1 misdemeanor for any person making a materially false statement regarding a previous criminal offense. Status: 1/20/97 introduced. To House Committee on Courts of Justice. *Virginia SJR. 358 (Author: Couric) Gender equity. Commemorates the 25th anniversary of the passage of Title IX of the Education Amendments of 1972 and urges schools and colleges to take whatever steps are necessary to ensure full compliance with the provisions of the law regarding gender equity in athletics. Status: 1/20/97 introduced. To Senate Committee on Rules. *Virginia S. 1150 (Author: Earley) Liability. Provides immunity from civil liability, in the absence of gross negligence, willful or malicious misconduct or knowing violation of the criminal law, to volunteers assisting in sports programs of nonprofit organizations. Status: 1/20/97 introduced. To Senate Committee on General Laws. *Washington S. 5042 (Author: Benton) Academic standards. Requires the state board of education, in its development of a standardized high-school transcript for use by all public school districts, to adopt a weighting system for grades earned in honors and advanced placement classes. Status: 1/13/97 introduced. To Senate Committee on Education. *Washington S. 5333 (Author: Stevens) High-school extracurricular/home schooling. Prohibits discrimination against students who receive private, parochial or home-based instruction. Status: 1/22/97 introduced. To Senate Committee on Education.
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