The NCAA News - News and Features

March 17, 1997

State legislation relating to college athletics

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 33 bills from 18 states. The report includes 27 bills that have been introduced and six pending bills on which action has been taken since the publication of the February 24, 1997, issue of The NCAA News. 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 February 25, 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:

Subject Number of Bills

Academic standards. -- .2

Admissions/home-school students -- 1

Athlete agents -- 4

Athletics facilities. -- 1

Athletic trainers -- 3

Coaches -- 1

Gender equity. -- 5

High-school extracurricular/home schooling -- 9

Renaming of universities. -- 1

Sports hall of fame -- 1

Sports official. -- 1

Tickets -- ..4

*Alabama H. 393 (Author: Allen)

Athlete agents. Amends existing athlete agent law. Makes changes to the membership of the Athlete Agent Regulatory Commission. Redefines the term "student-athlete." Requires the secretary of state to report to the commission on a quarterly basis the registration, suspension or revocation of a registered agent. Imposes criminal penalties and fines (misdemeanor for student-athlete, class B felony for athlete agent) on a student-athlete and athlete agent for failure to notify the president or athletics director upon the signing of an athlete agent or professional-services contract before the student-athlete's last intercollegiate contest. Permits an institution to file a civil suit, seeking actual and punitive damages, against a student-athlete or an athlete agent for failure to provide notification of a signing of an agent contract.

Status: 2/6/97 introduced. To House Committee on State Administration.

*Alabama H. 575 (Author: Hogan)

Athletic trainers. Provides for the continuance of the Alabama Board of Athletic Trainers. Clarifies reciprocity licensing requirements. Authorizes the board to levy license application and license renewal fees.

Status: 2/20/97 introduced. 2/25/97 reported favorably by House Committee on Administration.

*Alabama S. 349 (Author: Waggoner)

Athletic trainers. Increases the members on the Alabama Board of Athletic Trainers and defines their responsibilities. Establishes further requirements for the renewal of licenses. Provides the board with the authority to make grants, pursuant to the Athletic Trainers Fund, to promote athletic training and develop continuing-education programs for athletic trainers.

Status: 2/12/97 introduced. 2/18/97 reported favorably by Senate Committee on Education.

*Arkansas H. 1683 (Author: Wagner)

Gender equity. Allows for state-supported four-year institutions of higher education to use an additional $300,000 per fiscal year of unrestricted educational and general funds to provide gender equity in intercollegiate athletics programs.

Status: 2/13/97 introduced. To House Committee on Education.

*Florida H. 45/S. 670 (Author: Chestnut/Kirkpatrick)

High-school extracurricular. Raises minimum grade-point average needed to participate in interscholastic activities, including athletics. Increases minimum grade-point average from 1.600 for the 1997-98 school year to 2.000 by the 1999-2000 school year.

Status: H. 45: 11/20/96 prefiled. S. 670: 2/19/97 prefiled.

*Georgia H. 581 (Author: Ponder)

Athlete agents and athletic trainers. Terminates the Georgia Athletic Agent Regulatory Commission and the Georgia Board of Athletic Trainers as of July 1, 1997. Permits the commission and the board, respectively, to remain in operation until July 1, 1998, to conclude its business.

Status: 2/14/97 introduced. To House Committee on Industry.

*Georgia S. 263 (Author: Perdue)

Sports officials. Provides that certain sport officials (e.g., umpire, referee, judge, linesman) qualify as independent contractors and not as employees.

Status: 2/13/97 introduced. To Senate Committee on Insurance and Labor.

*Hawaii H. 811 (Author: Takumi)

Ticket scalping. Prohibits ticket scalping. Imposes criminal misdemeanor penalties for those in violation of the act.

Status: 1/17/97 introduced. To House Committee on Judiciary.

Indiana H. 1547 (Author: Klinker)

Athlete agents. Authorizes the secretary of state to administer the permit process for sports agents wishing to do business in the state. Requires a sports agent to pay a $250 permit fee and post a $15,000 surety bond. Establishes sports agent contract-procurement requirements. Requires the sports agent and student-athlete to provide the student's institution with written notice that an athlete-agent contract has been entered. Subjects a student-athlete to possible disciplinary action by his or her institution and a sport agent to Class D felony penalties for failure to provide institutional notification. Regulates sports agent conduct, including limitations placed on a sports agent's contact with student-athletes. Provides institutions with a cause of action for damages against anyone who violates the provision, including the student-athlete. Allows for the institution to recover punitive damages, court costs, attorney fees and treble damages in cases where the institution prevails in a suit brought under the act. Holds the student-athlete and sports agent jointly and severally liable should their act or omission result in the student's institution being penalized, disqualified, or suspended from participation in intercollegiate athletics.

Status: 1/24/97 introduced. 2/27/97 passed House Committee on Economic Growth.

*Kansas S. 370 (Author: Committee on Federal and State Affairs)

Sports hall of fame. Creates a funding mechanism to raise money for a sports hall of fame in order to recognize the achievements of Kansas athletes and athletics, and to promote the athletics programs of universities and public schools within the state. Requires seven institutions of higher education to designate certain athletics events (men's varsity events, to be selected by the host university) as "Kansas Sports Hall of Fame" games. Adds an additional one dollar to the admission price for designated "Kansas Sports Hall of Fame" football, baseball and basketball games to be directed to the board of trustees of the sports hall of fame. Encourages institutions to designate hall of fame games involving other teams from Kansas. Permits universities to designate additional varsity events, including women's varsity events.

Status: 2/18/97 introduced.

*New Mexico H. 1128 (Author: Chavez)

High-school extracurricular. Amends a section of the public school code relating to participation in interscholastic extracurricular activities. Requires 2.000 grade point average, beginning with the student's academic record in grade nine, in order to be eligible to participate in interscholastic athletics.

Status: 2/20/97 introduced. To House Committee on Education. Additionally referred to House Committee on Appropriations and Finance.

New Mexico S. 111 (Author: Nava)

High-school extracurricular. Amends a section of the state code pertaining to student participation in interscholastic extracurricular activities. Applies minimum eligibility requirements for participation in interscholastic extracurricular activities. Changes the effective date for the application of student academic standards for participation from the second semester of grade eight to grade nine.

Status: 1/24/97 introduced. 2/14/97 passed Senate. 2/20/97 to House Committee on Education. Additionally referred to House Committee on Appropriations and Finance.

*New Mexico S. 335 (Author: Macias)

Gender equity. Appropriates $167,000 to New Mexico State University to meet operational and equipment costs associated with gender-equity requirements for intercollegiate athletics.

Status: 1/31/97 introduced. To Senate Committee on Education. Additionally referred to Senate Committee on Finance.

*New Mexico S. 1235 (Author: Rodriguez)

Admissions/home-school students. Amends requirements for admission to state postsecondary institutions for home-school or nonpublic school students. Requires state institutions of higher education to admit students who have completed a home-based or nonpublic school educational program and who have submitted a test score that otherwise qualifies them for admission to the institution.

Status: 2/20/97 introduced. To Senate Committee on Education.

*New York S. 2539 (Author: Stavisky)

Athletics facilities. Creates the New York State Sports Fan Protection Act. Establishes the sports facility authority with exclusive jurisdiction over state investment in sports-related capital projects, including institutions of higher education (where state financial support is received).

Status: 2/11/97 introduced. To Senate Committee on Finance.

*Oklahoma H. 1447 (Author: O'Neal)

High-school extracurricular/home schooling. Permits home-school students to attend any class or participate in any extracurricular activity, including athletics, provided that the student is a legal resident of the public school district. Requires home-schooled students to meet all other standards for participation.

Status: 2/3/97 introduced. 2/4/97 to House Committee on Appropriations and Budget.

Oregon H. 2364 (Author: Shetterly)

Renaming of universities. Renames three universities. Changes Western Oregon State University to Western Oregon University, Southern Oregon State University to Southern Oregon University, and Eastern Oregon State University to Eastern Oregon University.

Status: 1/24/97 introduced. 2/25/97 passed House. To Senate.

*Pennsylvania S. 425 (Author: Robbins)

Athlete agents. Amends the Athletic and Sports Code. Provides for the annual registration of athlete agents with the State Athletic Commission. Prohibits the registration of an athlete agent who has been convicted of certain crimes within 10 years of the date of application. Delineates unlawful actions by athlete agents. Requires a surety bond to be filed with the commission of not less than $20,000. Allows for the commission to impose a civil penalty of not more than $5,000 for each violation of the act. Provides the commission with injunctive relief to enjoin any person from committing any act in violation of the act.

Status: 2/13/97 introduced.

*South Carolina H. 3424 (Authors: Breeland)

High-school extracurricular. Amends state code section relating to the requirements for participation in interscholastic activities, including athletics, by students in grades nine through 12. Requires a student to have an overall "C" average in the preceding semester and have passed at least four academic courses, including each unit the student takes that is required for graduation.

Status: 2/11/97 introduced. To House Committee on Education and Public Works.

*South Carolina H. 3440 (Author: Hinson)

High-school extracurricular. Applies to the requirements for participation in interscholastic activities, including athletics, by students in grades nine through 12. Enables a student who has not passed four academic courses to participate in interscholastic activities if the student needs fewer than four units to graduate with a high-school diploma.

Status: 2/12/97 introduced. To House Committee on Education and Public Works.

*South Carolina S. 186 (Author: Giese)

High-school extracurricular/home schooling. Permits home-school students to participate in interscholastic activities, including athletics, in the school district in which the student resides. Requires that the home-school student meet certain academic eligibility standards.

Status: 1/16/97 introduced. To Senate Committee on Education.

*Texas H. 1699/S. 488 (Author: Rangel/Madla)

Academic standards. Requires each institution of higher education in the state to adopt a uniform policy for calculating the grade-point average of a student who repeats a course at the institution.

Status: S. 488: 2/7/97 introduced. 2/12/97 to Senate Committee on Education. H. 1699: 2/25/97 introduced.

*Texas S. 518 (Author: Bivins)

High-school extracurricular. Requires that a student who has been suspended from participation in extracurricular activity as a result of receiving a grade lower than a 70 (except in honors or advanced classes) may not participate further until the school district has conducted a review and removes the suspension.

Status: 2/10/97 introduced. To Senate Committee on Education.

*Vermont H. 359 (Author: Vinton)

Athletic trainers. Provides for the certification of athletic trainers. Imposes misdemeanor criminal penalties and/or a fine of not more than $1,000 for those who refer to themselves as "certified athletic trainer" but are not certified in accordance with the act. Authorizes the secretary of state to appoint two athletic trainers for three-year terms to serve as advisors in matters relating to athletic training. Defines unprofessional-conduct standards and states that any such action will result in a denial or revocation of certification.

Status: 2/19/97 introduced.

*Vermont H. 367 (Author: Spaulding)

Tickets. Imposes a criminal penalty of up to five years imprisonment and/or a fine of not more than $1,000 for the fraudulent creation or possession of an admission ticket to any sports, amusement, concert, or other facility offering services to the general public.

Status: 2/20/97 introduced. To House Committee on Judiciary.

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. 1/30/97 passed Senate. 2/20/97 passed House.

Washington H. 1437/S. 5464 (Authors: Carlson/Kohl)

Gender equity. Sets comprehensive goals/guidelines related to gender equity in athletics to be met by institutions of higher education by specified dates. Amends the responsibilities of the higher education coordinating board concerning its role in reporting on institutional efforts to comply with the gender-equity provisions of the act.

Status: H. 1437: 1/24/97 introduced. 2/14/97 passed as amended by the House Committee on Higher Education. S. 5464: 1/24/97 introduced. 2/11/97 passed as amended by the Senate Committee on Higher Education.

*Washington SCR 8409 (Author: McAuliffe)

Coaches -- female. Establishes a joint legislative advisory committee to review issues related to female athletics coaches in public schools. Requires that the committee study and make recommendations to the legislature on the recruitment and retention of female athletics coaches in Washington public schools. Includes the examination of the causes related to the imbalance in the number of female vs. male athletics coaches and seeks guidance in providing incentives in higher education for future female coaches.

Status: 2/24/97 introduced.

*West Virginia H. 2071 (Author: Givens)

Ticket scalping. Prohibits the scalping of admission tickets to an athletics event. Establishes criminal misdemeanor penalty and a fine of $100 for each ticket resold, transferred or offered for resale.

Status: 2/13/97 introduced. To House Committee on Judiciary.

*West Virginia H. 2188 (Author: Frederick)

Tickets for military retirees. Permits all military retirees, 65 or older, who have at least two years of military service, were honorably discharged and are residents of the state, to receive a permanent free pass to high-school, college or university athletics events in the state. Provides that admittance shall be conditioned on seat availability existing at the time the retired veteran presents the free pass.

Status: 2/21/97 introduced. To House Committee on Veterans' Affairs. To House Committee on Education.