The NCAA News - News and Features

April 14, 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 22 bills from 16 states. The report includes 14 bills that have been introduced and eight pending bills on which action has been taken since the publication of the March 31, 1997, issue of the NCAA News. All newly introduced bills, including those prefiled prior to the beginning of a state's 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 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:

Subject Number of Bills

Admissions/home-school students 1

Alcoholic beverages 2

Athlete agents. 1

Athletic trainers 1

Fund raising 2

Gender equity. 2

High-school curriculum 1

High-school extracurricular/home school .6

Hotel rates for Bayou Classi 1

Liabilit 1

Renaming of universities 1

Sports officials 1

Tickets 1

World track/field championships 1

The legislatures in five states (Idaho, New Mexico, South Dakota, Utah and Wyoming) have adjourned for the year.

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 House. 3/18/97 passed Senate. To governor.

*Alabama H. 810 (Author: Newton)

Alcoholic beverages/golf courses. Creates a separate classification of alcoholic beverage license known as "golf course license." Establishes hours of sale and the collection of state fees.

Status: 3/18/97 introduced. To House Committee on Tourism, Entertainment and Sports. 3/19/97 reported favorably by House Committee on Tourism, Entertainment and Sports.

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 futhe World Championships of Track and Field, if they are held at a site in California.

Status: 1/30/97 introduced. 2/12/97 to Senate Committee on Transportation.

*Florida H. 1663/ S. 2228 (Authors: Burroughs/Lee)

High-school extracurricular/home school. Defines the term "extracurricular." Requires that home-school students must be provided the same accessibility to high-school interscholastic activities as other students.

Status: S. 2228: 3/20/97 introduced. To Senathe World Championships of Track and Field, if they are held at a site in California.

Status: 1/30/97 introduced. 2/12/97 to Senate Committee on Transportation.

*Florida H. 1663/ S. 2228 (Authors: Burroughs/Lee)

High-school extracurricular/home school. Defines the term "extracurricular." Requires that home-school students must be provided the same accessibility to high-school interscholastic activities as other students.

Status: S. 2228: 3/20/97 introduced. To Senate Committee on Education. H. 1663: 3/24/97 introduced.

*Georgia H. 843 (Author: Powell)

Alcoholic beverages at campus facility/professional sports. Permits the sale of alcoholic beverages at an indoor athletics facility operated by a unit of the University of Georgia System during a professional sports event when the university has leased or licensed the coliseum for such an event.

Status: 2/20/97 introduced. 3/3/97 passed House. 3/20/97 passed Senate.

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. 2/20/97 passed Senate. 3/18/97 passed as amended by House.

*Louisiana H. 652 (Author: Holden)

Hotel rates for Bayou Classic. Prohibits hotels in the greater New Orleans area from charging "special event" rates or room rates that are higher than the highest advertised rack rate (for nonspecial-event periods) during the weekend of the Bayou Classic football game in New Orleans. Provides for a civil fine of not less than $150 and not more than $500 for each violation.

Status: 3/20/97 prefiled.

*Louisiana S. 407 (Author: Dean)

Ticket scalping. Permits the sale of an admission ticket to an athletics contest at a price in excess of the price printed on the face of the ticket.

Status: 3/24/97 prefiled.

*Minnesota H. 1497 (Author: Broeker)

Fund raising. Provides an income tax credit (equal to 50 percent of the aggregate amount of charitable contributions, not to exceed $500 for an individual and $1,000 for a married couple filing jointly) for gifts by individuals to nonprofit institutions of higher education.

Status: 3/13/97 introduced. To House Committee on Education.

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 a 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. 3/21/97 passed Senate.

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 as amended by Senate. To House. 3/12/97 passed House Committee on Education. 3/19/97 passed House Committee on Appropriations and 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. 3/6/97 passed Senate. 3/18/97 passed House.

*North Carolina S. 415 (Author: Foxx)

High-school curriculum. Appropriates funds to provide financial incentives to high schools that encourage students to take advanced-placement and college-level courses while in high school.

Status: 3/18/97 introduced. To Senate Committee on Education --Higher Education.

*Ohio S. 75 (Author: Watts)

High-school extracurricular. Requires boards of education to adopt rules, by July 1, 1998, for participation in interscholastic extracurricular activities by high-school and junior high-school students. Restricts participation in activities by students who are not making satisfactory educational progress.

Status: 3/20/97 introduced.

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. 3/14/97 passed as amended by Senate. 3/18/97 House concurred with Senate amendments.

*Pennsylvania H. 954 (Author: Colafella)

Athlete agents. Provides for the licensing of athlete agents. Establishes the State Athletic Commission to set regulations for and administer athlete-agent licensing. Prohibits athlete agents from: (1) entering into an oral or written agent or professional sports services contract before a student-athlete's eligibility has been exhausted; (2) giving, offering or promising anything of value to a student-athlete or any member of the student-athlete's immediate family before the student-athlete's eligibility has expired; and (3) from entering into an oral or written contract that would require the athlete agent to give, offer or promise anything or value to any employee of an institution of higher education in return for a student-athlete referral. Provides for civil penalties and injunctive relief for any violation of the act.

Status: 3/19/97 introduced. To House Committee on Professional Licensure.

*Rhode Island H. 5770 (Author: Picard)

High-school extracurricular. Permits students who attend private elementary and secondary schools to participate as a member of a public school team if their private school does not field a team in that sport.

Status: 1/30/97 introduced. To House Committee on Health, Education and Welfare.

*Texas H. 2425 (Author: Junell)

Liability/NCAA rules violation. Makes a technical correction to the definition of "regional collegiate athletic association" that permits the Big Twelve Conference, under certain conditions, to pursue an action for damages against a person who violates NCAA rules.

Status: 3/10/97 introduced. 3/11/97 to House Committee on Civil Practices.

Washington S. 5464 (Authors: 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: S. 5464: 1/24/97 introduced. 3/11/97 passed as amended by Senate. 3/20/97 passed House Committee on Higher Education.

*West Virginia S. 4 (Author: Dittmar)

Fund raising. Allows for a deduction from the West Virginia personal income tax for taxpayer contributions to state-supported colleges and universities.

Status: 2/12/97 introduced. 2/13/97 to Senate Committee on Education. Additionally referred to Senate Committee on Finance.