The NCAA News - News and Features

May 12, 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 23 bills from 11 states. The report includes seven bills that have been introduced and 16 pending bills on which action has been taken since the publication of the April 28, 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 28, 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

Anabolic steroids -- 1

Admissions/home school -- 1

Athlete agents -- 5

Athletics scholarships -- 1

Athletic trainers -- 1

Cheerleader safety -- 1

Golf course membership -- 1

High-school extracurricular/home school -- 6

Sports officials -- 3

Sports wagering/sports lottery -- 1

Student fees -- 1

Violence education -- 1

Four bills have become law since the last report. In Georgia, a new law defines certain sports officials as independent contractors and not as employees. In New Mexico, two bills were enacted that relate to minimum academic standards for participation in high-school interscholastic athletics while another New Mexico bill became law that requires state postsecondary institutions to admit home-school students who have completed a home-based educational program and have submitted a test score that otherwise qualifies them for admission.

Since the last report, the legislatures in five states (Arizona, Montana, North Dakota, Washington and West Virginia) have adjourned for the year. A total of 15 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. 4/10/97 reported favorably by the Senate Committee on Governmental Affairs.

Alabama H. 885 (Author: Galliher)

Sports officials. Makes it a crime (misdemeanor assault in the third degree) to assault a sports official. Imposes more stringent penalties 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. 4/10/97 reported favorably by House Committee on Judiciary.

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. 4/10/97 reported with substitute by Joint Committee on Education. 4/25/97 reported favorably by Joint Committee on Education.

*Delaware H. 166 (Author: Oberle)

Anabolic steroids. Changes the definition of "anabolic steroid" to exclude a combination of estrogen with anabolic steroid that is expressly intended for administration to hormone-deficient women.

Status: 4/22/97 introduced. To House Committee on Health and Human Development.

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. 4/17/97 reported favorably with substitute by Senate Committee on Education. 4/21/97 to Senate Committee on Ways and Means. H. 1663: 3/24/97 introduced. 4/15/97 reported favorably by House Committee on Education Innovation.

*Florida H. 1975 (Author: Maygarden)

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

Status: 4/11/97 introduced. 4/18/97 to House Committee on Business Regulation and Consumer Affairs.

*Florida H. 1977 (Author: Bush)

Cheerleader safety/high school. Requires the State Board of Education to adopt rules published by the National Federation of State High School Associations as statewide uniform safety standards for student cheerleaders and spirit groups that participate in school or extracurricular activities.

Status: 4/11/97 introduced. 4/18/97 to House Committee on Law Enforcement and Public Safety.

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. 4/14/97 signed by governor.

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. 4/12/97 passed House. To Senate.

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. 4/11/97 signed by governor.

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. 3/19/97 passed House. 4/11/97 signed by governor.

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. 4/9/97 signed by governor.

*New York S. 4309 (Author: Spano)

Golf course membership. Prohibits any golf course from restricting the use of its facilities on the basis of gender during the period of time when the premises are open to use. Allows access to be restricted based upon membership categories that are not related to gender. Defines "golf course" as any person, firm, corporation, partnership, unincorporated association or other business enterprise offering facilities actively devoted to golf.

Status: 4/9/97 introduced. To Senate Committee on Consumer Protection.

*New York S. 4887 (Author: Kuhl)

High-school extracurricular/home school. Requires all school districts in the state to permit home-school students to participate in extracurricular activities, including athletics.

Status: 4/16/97 introduced. To Senate Committee on Education.

*New York S. 5082 (Author: Maziarz)

Sports officials. Increases the penalty for assaults on sports officials from a class A misdemeanor to a class D felony. Establishes crime of aggravated harassment of a sports official when a person with intent to harass, annoy or threaten to alarm a sports official, expels saliva on a sports official at a sports contest or strikes, shoves, kicks or otherwise subjects such sports official to physical contact. Imposes class B misdemeanor criminal penalties on those convicted of aggravated harassment of a sports official.

Status: 4/16/97 introduced. To Senate Committee on Codes.

*Oregon S. 655 (Author: Committee on Rules and Elections)

Sports wagering/sports lottery. Deletes statutory authority of the Oregon Lottery Commission to operate electronic lottery games that are based on results of sporting events.

Status: 3/11/97 introduced. 3/12/97 to Senate Committee on Trade and Economic Development. 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. 4/14/97 passed House.

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. 4/15/97 reported favorably with substitute by House Committee on Higher 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. 4/17/97 passed House. 4/22/97 to Senate Committee on 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. 4/14/97 passed as amended by Senate. To House.

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. 4/17/97 passed with substitute by Senate. To House.