The NCAA News - News and Features

April 28, 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 24 bills from 16 states. The report includes 12 bills that have been introduced and 12 pending bills on which action has been taken since the publication of the April 14, 1997, issue of the NCAA News. All newly introduced bills 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 April 10, 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

Alcoholic beverages -- 2

Athlete agents -- 3

Athletic trainers -- 5

Gender equity -- 2

High-school extracurricular -- 1

High-school extracurricular/home school -- 2

Locker room accessibility/media -- 1

Renaming of universities -- 1

Sports officials -- 4

Sports wagering/lottery proceeds -- 1

Tickets -- 2

Five bills have become law since the last report. In Alabama, a new law continues the Alabama Board of Athletic Trainers and clarifies reciprocity licensing requirements for athletic trainers. In Arkansas, a bill was enacted that permits state-supported four-year institutions of higher education to use an additional $300,000 per fiscal year from their unrestricted educational and general funds to provide gender equity in intercollegiate athletics programs. In Florida, a law was passed that raises the grade-point average requirement for eligibility to participate in interscholastic activities. In Oregon, the governor signed a bill that renames three state universities. In Washington, legislation was enacted that sets comprehensive goals/guidelines related to gender equity in athletics for institutions of higher education.

Since the last report, the legislatures in five states (Georgia, Maine, Maryland, Mississippi and Virginia) have adjourned for the year. A total of 10 state legislatures have concluded their 1996 legislative session.

Alabama H. 298 (Author: Carothers)

Athletic trainers. Adds provisions relating to the composition, duties and responsibilities of the Alabama Board of Athletic Trainers. Outlines the requirements for renewal of licenses. Authorizes grants to develop and promote athletic training and continuing education programs for athletic trainers.

Status: 2/4/97 introduced. 3/25/97 passed as amended by House. To Senate.

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. 3/18/97 passed Senate. 3/25/95 became law without governor's signature.

*Alabama H. 885 (Author: Galliher)

Sports officials. Makes it a crime (misdemeanor assault in the third degree) to assault a sports official. Enhances penalty for second offense. Provides sports officials with civil immunity for good faith acts or omissions in carrying out their duties.

Status: 3/25/97 introduced. To House Committee on Judiciary.

*Alabama S. 625 (Author: Clay)

Alcoholic beverages/golf courses. Permits the sale of alcoholic beverages in the buildings, facilities and on the grounds of a golf course when the appropriate license is obtained from the Alabama Alcoholic Beverage Control Board. Establishes the hours of sale and sets the method for collection of state fees. Applies to any public or private 18-hole or larger golf course that has a club house, including a golf pro shop located on the premises.

Status: 3/27/97 introduced. 4/8/97 reported favorably by the Senate Committee on Tourism and Marketing.

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 from their unrestricted educational and general funds to provide gender equity in intercollegiate athletics programs.

Status: 2/13/97 introduced. 2/21/97 passed House. 3/25/97 passed Senate. 3/31/97 signed by governor.

Arizona S. 1011 (Author: Huppenthal)

High-school extracurricular/home school. Provides home or charter school students with the opportunity to compete for a position on a public school interscholastic athletics team 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. 4/1/97 passed as amended by House 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. 4/7/97 passed as amended by Assembly Committee on Governmental Organization.

*Florida S. 458 (Author: Harris)

High-school extracurricular. Relates to student performance standards. Raises the grade-point average requirement for eligibility to participate in interscholastic extracurricular activities. Requires a student entering the ninth grade during the 1997-98 school year and thereafter to maintain a 2.000 in the courses required by the act for graduation.

Status: 3/4/97 introduced. 3/6/97 passed Senate. 3/20/97 passed as amended by House. 4/2/97 signed by governor.

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. 3/18/97 passed as amended by House. 3/28/97 Senate concurred with House amendments. To governor.

*Louisiana S. 431 (Author: Heitmeier)

Sports officials/worker's compensation. Provides worker's compensation benefits to certain sports officials who are injured while performing services for a public entity or a private, nonprofit organization that sponsors an amateur sports event. Defines sports official as an umpire, referee, judge, scorekeeper, timekeeper or other person who is a neutral participant in a sports event.

Status: 3/31/97 introduced. To Senate Committee on Labor and Industrial Relations. To Senate Committee on Insurance.

*Louisiana S. 1444 (Author: Guidry)

Sports officials. Provides for limited immunity from tort liability, during sporting events or practices, for volunteer athletics coaches, managers, team physicians and sports officials who have been certified in cardiopulmonary resuscitation.

Status: 4/9/97 introduced.

New Hampshire H. 537 (Author: Torr)

Athletic trainers. Replaces the laws governing the practice of athletic training and other allied health professions. Establishes individual licensing boards for each of these areas of practice and creates a board of directors. Provides licensing requirements for athletic trainers.

Status: 1/9/97 introduced. 3/26/97 passed as amended by House.

*New York A. 6653/S. 3968 (Authors: Tokasz/Skelos)

Tickets. Repeals existing law and adds new provisions governing the resale of tickets to places of entertainment, including all athletics events. Applies to the resale of tickets where either the buyer, the seller or the event is located in the state of New York. Requires ticket brokers to register with the Department of Taxation and Finance. Increases criminal penalties (class E felony) for any violation of the act.

Status: A. 6653: 3/25/97 introduced. To Assembly Committee on Tourism, Arts and Sports Development. S. 3968: 3/31/97 introduced. To Senate Committee on Investigations, Taxation and Government Operations.

*North Carolina H. 824/S. 660 (Authors: McMahan/Hoyle)

Athletic trainers. Provides for the licensure of athletic trainers. Creates the North Carolina Board of Athletic Trainer Examiners to administer licensing process. Defines athletic trainer as a person who, under written protocol with a physician, carries out a practice of care, prevention and rehabilitation of injuries incurred by athletes, and in so doing uses medical modalities. Excludes student trainers who are under the supervision of a physician or licensed athletic trainer from the provisions of the act.

Status: S. 660: 4/2/97 introduced. To Senate Committee on Finance. H. 824: 4/7/97 introduced. To House Committee on Rules, Calendar and Operations of the House.

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. 4/1/97 signed by governor.

*Oregon S. 1056 (Author: Leonard)

Sports wagering/lottery proceeds. Changes the allocation of funds from the Sports Lottery Account. Allocates funds based on the number of full-time equivalent students enrolled at each institution of higher education under the jurisdiction of the State Board of Higher Education.

Status: 3/31/97 introduced. 4/1/97 to Senate Committee on Revenue.

Tennessee H. 1749/S. 1825 (Authors: 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. 4/1/97 recommended for passage by House Committee on Education. 4/1/97 substituted on House floor by S. 1825. S. 1825: 2/24/96 introduced. 3/31/97 passed as amended by Senate. To House. 4/1/97 substituted on House floor for H. 1749.

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. 4/4/97 reported favorably with amendment by Senate Committee on State Affairs.

Washington S. 5464 (Author: 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: 1/24/97 introduced. 3/11/97 passed as amended by Senate. 3/31/97 passed House. 4/8/97 signed by governor.

*West Virginia H. 2843 (Author: Henderson)

High-school extracurricular/home school. Allows home-school students to participate in interscholastic activities subject to eligibility requirements and other conditions.

Status: 3/28/97 introduced. To House Committee on Education.

*Wisconsin A. 229 (Author: Schneider).

Locker room access/media. Requires an institution of higher education (private or public) to adopt a written policy on who may enter and remain in a locker room used by the institution or team for the purpose of interviewing or seeking information from team members. States that the policy must reflect the privacy interests of members of the team.

Status: 3/27/97 introduced. To Joint Committee on Information Policy.