The NCAA News - News and Features

March 31, 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 44 bills from 19 states. The report includes 31 bills that have been introduced and 13 pending bills on which action has been taken since the publication of the March 17, 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 March 18, 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 -- 1

Admissions/home-school students -- 1

Athlete agents -- 6

Athletics program funding -- 2

Athletics scholarships -- 3

Athletic trainers -- 7

Cheerleaders/high school -- 1

Eligibility -- 1

Gender equity -- 5

High-school extracurricular/home school -- 5

Renaming of universities -- 1

Sports officials -- 3

Sports wagering -- 1

Student fees -- 1

Student residency requirements -- 1

Tickets -- 2

Women's athletics -- 2

Violence education -- 1

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." 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 college or university 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. 2/27/97 reported favorably by 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. 2/27/97 passed as amended by House. To Senate. 3/13/97 reported favorably by Senate Committee on Fiscal Responsibility and Accountability.

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 an athletic trainer license. 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. 3/6/97 passed as amended by Senate. To House. 3/13/97 reported favorably by House Committee on State Administration.

Arizona S. 1011 (Author: Huppenthal)

High-school extracurricular/home school. 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. 2/25/97 passed Senate. To House.

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 athletic programs.

Status: 2/13/97 introduced. 2/21/97 passed House. To Senate.

*Arkansas S. 647 (Author: Brown)

High-school extracurricular. Requires local school districts to adopt written policies specifying requirements for student participation in extracurricular activities. Establishes two requirements that must be included in each district's written policy: (1) that a student must pass four full credit subjects each grading period; and (2) that a student must make satisfactory progress toward graduation.

Status: 3/7/97 introduced. To Senate Committee on Education.

*California A 1317 (Author: Ducheny)

Student resident requirements. Entitles student-athletes in training at the United States Olympic Training Center in Chula Vista to resident classification for the purposes of ascertaining the amount of fees to be paid by students at public postsecondary educational institutions. States that the provision does not apply to the University of California unless the regents, by resolution, make it applicable.

Status: 2/28/97 introduced.

*California S. 917 (Author: Vasconcellos)

Eligibility. Requires (rather than encourages) full-time students entering colleges and universities in California to participate in the Human Corps by providing an average of 30 hours of community service in each academic year. States that the provision does not apply to the University of California unless the regents, by resolution, make it applicable.

Status: 2/27/97 introduced. 3/11/97 to Senate Committee on Education.

*Connecticut H. 6877 (Committee on Public Health)

Athletic trainers. Amends current athletic training licensure requirements. Permits athletic trainers to provide first aid, emergency care, and athletic training without the consent and direction of a licensed health-care provider under certain circumstances. Adds new provision regarding the regulation and provision of licenses to athletic trainers.

Status: 2/27/97 introduced. To Joint Committee on Public Health.

*Florida S. 1284 (Author: Childers)

Athlete agents. Amends law by exempting members of the Florida Bar from existing athlete agent regulations.

Status: 3/4/97 introduced. To Senate Committee on Commerce and Economic Opportunities.

*Florida S. 1552 (Author: Turner)

Cheerleaders -- high school. Requires the State Board of Education to adopt statewide uniform safety standards for student cheerleaders.

Status: 3/4/97 introduced. To Senate Committee on Education.

*Georgia H. 843 (Author: Powell)

Ticket scalping. Prohibits the resale of any ticket to any athletics contest in excess of the price printed on the ticket, except in certain circumstances. Permits ticket brokers, original purchasers (if sold off the property where the athletics event is being held) and charitable organizations to resell tickets of admission above the price printed on the ticket.

Status: 2/28/97 introduced. 3/7/97 reported favorably by 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. 2/27/97 passed Senate. To House. 3/13/97 passed as amended by House.

*Hawaii HCR. 75/SCR 69 (Author: Okamura/McCartney)

Athletics program funding. Urges the governor to provide whatever support is appropriate to ensure the continued success and profitability of revenue-producing sports programs at the University of Hawaii.

Status: SCR 69: 2/28/97 introduced. HCR. 75: 3/7/97 introduced.

*Illinois H. 1092 (Author: Gash)

Sports officials. Amends the criminal code of 1961 to include as a Class 4 felony the crime of aggravated battery against a sports official (at any level) who is harmed within an athletics facility or within the immediate vicinity of the athletics facility at which the sports official was an active participant.

Status: 2/27/97 introduced. To House Committee on Rules. 2/28/97 to House Committee on Judiciary II--Criminal Law.

*Illinois H. 1327 (Author: Clayton)

High-school extracurricular. Requires the school board of each district to establish, implement and enforce a uniform policy under which students in grades nine through 12 who fail to maintain a specified minimum grade-point average are suspended from further participation in any school-supported athletics activity.

Status: 3/4/97 introduced. To House Committee on Rules. To House Committee on Elementary Education.

*Indiana H. 1095 (Author: Davis)

Tickets. Prohibits persons in the business of reselling tickets from purchasing tickets to public events for resale until the tickets have been made available to the general public.

Status: 1/7/97 introduced. To House Committee on Public Policy, Ethics and Veteran Affairs.

Indiana H. 1547 (Author: Klinker)

Athlete agents. Authorizes the secretary of state to administer a 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 sports 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. 3/4/97 passed House. To Senate Committee on Judiciary.

*Michigan H. 4455 (Author: Hammerstrom)

Gender equity. Amends the Elliott-Larson Civil Rights Act to prohibit an educational institution from eliminating or reducing the level of services or number of scholarships provided for an intercollegiate or interscholastic athletics program solely to affect the overall ratio of male to female athletics participants at the educational institution.

Status: 3/6/97 introduced. To House Committee on Constitutional and Civil Rights.

*Minnesota H. 1245/S. 1219 (Author: Hasskamp/Johnson)

Women's athletics. Requires higher education institutions to document all revenues and expenditures attributable to women's athletics separately from all other athletics activities on campus. Sets limits on the use of the state's special appropriation for intercollegiate athletics as it relates to women's athletics. Authorizes the chairs of the House and Senate higher education finance division to appoint two members to serve as liaisons to the women's athletics departments on all campuses. States that the liaisons shall be available as contacts for the women's athletics directors or coordinators if they need assistance.

Status: H. 1245: 3/5/97 introduced. To House Committee on Education. S. 1219: 3/10/97 introduced. To Senate Committee on Children, Families and Learning.

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. 3/11/97 passed House. To Senate Committee on Education.

New Mexico S. 1235 (Author: Rodriguez)

Admissions/home-school students. Amends requirements for admission to state postsecondary institutions for home-school or non-public 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. 3/6/97 passed Senate. To House Committee on Education.

*New York A. 5701/S. 3236 (Author: Eve/LaValle)

Athletics scholarships. Requires secondary school personnel to notify commissioner of education of any student receiving an athletics scholarship. Authorizes the commissioner to contact colleges and be kept apprised of student's academic performance. Provides commissioner with broad powers in prescribing reporting forms to be used for these purposes. Requires the commissioner to report annually to the legislature on the data collected. States that the commissioner shall request the NCAA to inform its member schools of the act's provisions and encourage voluntary compliance with it.

Status: A. 5701: 3/4/97 introduced. To Assembly Committee on Higher Education. S. 3236: 3/4/97 introduced. To Senate Committee on Higher Education.

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. 3/12/97 passed as amended by Senate Committee on Education.

*Oregon H. 3132 (Author: Corcoran)

Athlete agents. Imposes a maximum of five years' imprisonment, $100,000 fine, or both on a person who intentionally attempts to induce a person who engages in high-school or collegiate sports to violate a rule of a national organization that governs intercollegiate sports.

Status: 3/7/97 introduced. 3/11/97 to House Committee on Education.

*Oregon H. 3155 (Author: Adams)

Sports wagering. Directs specific percentages of the proceeds from the Sports Lottery Account to state institutions of higher education.

Status: 3/5/97 introduced. 3/7/97 to House Committee on Ways and Means.

*South Carolina H. 3622 (Author: Harvin)

Sports officials. Provides for limited civil liability for sports officials who are performing their duties within the confines of the athletics facility at which the athletics contest is played.

Status: 3/11/97 introduced. To House Committee on Judiciary.

*Tennessee H. 1749/S. 1825 (Author: Sharp/Gilbert)

Athlete agents. Sets permit fees for sports agent application and annual renewal. Requires a sports agent applying for permit renewal to provide proof that the sports agent has a surety bond ($15,000) that will remain in effect throughout the renewal period.

Status: H. 1749: 2/24/97 introduced. 2/26/97 to House Committee on Education. S. 1825: 2/24/96 introduced. 2/26/97 to Senate Committee on Commerce, Labor, and Agriculture.

*Texas H. 2010 (Author: Wilson)

Athletics scholarships. Prohibits a public institution of higher education from awarding a scholarship, grant or other financial assistance, funded by state revenue, to a student on the basis of the student's status as a student-athlete.

Status: 3/4/97 introduced. 3/5/97 to House Committee on Higher Education.

*Texas H. 2572/S. 1192 (Author: Berlanga/Armbrister)

Athletic trainers. Amends existing law and makes technical changes to the definitions and licensing section of the act regulating athletic trainers.

Status: H. 2572: 3/11/97 introduced. 3/13/97 to House Committee on Public Health. S. 1192: 3/11/97 introduced.

*Texas H. 3001 (Author: Wilson)

Academic standards. Prohibits a student-athlete enrolled at an institution of higher education from participating in any form of intercollegiate athletics if a student-athlete's grade-point average, after a grade evaluation period, is below the equivalent of a 70 on a scale of 100 in any class. Defines grade evaluation period as a six-week grade reporting period or the first six weeks of a semester or equivalent academic session. Imposes a suspension, for a minimum of three weeks, on those students who fail to meet the minimum grade-point average requirement in any class. Provides for the removal of the suspension only when at the end of the next three week period the student's grade average in the academic course(s) exceeds 70.

Status: 3/13/97 introduced.

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. 3/6/97 reported favorably by House Committee on Higher Education.

*Texas S. 806 (Author: Ogden)

Student fees. Permits a public institution of higher education to use student fees to support its intercollegiate athletics program only when: (1) the institution informs the students of the amount to be used to support intercollegiate athletics; (2) the fee is subject to approval at an election of the student body; and (3) the total amount of student fees used to support intercollegiate athletics does not exceed $75 per semester ($25 for a summer term shorter than 12 weeks).

Status: 2/26/97 introduced. 3/4/97 to Senate Committee on Education.

*Texas S. 1190 (Author: Armbrister)

Athlete agents. Makes changes to existing law regulating the contracts and communications of athlete agents. Requires an athlete agent to be registered with the secretary of state before any contact, direct or indirect, can be made with a student-athlete. Prohibits athlete agent from making direct contact with a student-athlete participating in football or basketball until after the completion of the student-athlete's last intercollegiate contest. Requires an athlete agent to provide prior notice to the athletics director at the student-athlete's institution before responding to a request to discuss the agent's services.

Status: 3/11/97 introduced.

*Texas H. 2573/S. 1191 (Author: Berlanga/Armbrister)

Athletic trainers. Relates to fees assessed for the regulation of athletic trainers.

Status: H. 2573: 3/11/97 introduced. 3/13/97 to House Committee on Public Health. S. 1191: 3/11/97 introduced.

*Washington S. 6051 (Author: Jacobsen)

Gender equity. Includes the disclosure of gender equity in athletics data as part of the annual performance report completed by each district school. Provides for the distribution of such report to each parent or guardian.

Status: 3/4/97 introduced. 3/5/97 to Senate Committee on Education.

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

Gender equity. Sets comprehensive goals/guidelines related to gender equity in athletics to be met by all 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. 3/11/97 passed as amended by House. To Senate. S. 5464: 1/24/97 introduced. 3/11/97 passed as amended by Senate. To House.

Washington S. 5333 (Author: Stevens)

High-school extracurricular/home school. Prohibits discrimination against students who receive private, parochial or home-based instruction.

Status: 1/22/97 introduced. 3/5/97 passed by Senate Committee on Education.