The NCAA News - News and Features

June 16, 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 13 bills from 10 states. The report includes one bill that has been introduced and 12 pending bills on which action has been taken since the publication of the June 2, 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 June 5, 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 in this report address the following subjects:

Subject -- Number of Bills

Alcoholic beverages -- 1

Athlete agents -- 3

Athletics scholarships -- 1

Athletic trainers -- 3

High-school extracurricular/home school -- 2

Student resident requirements -- 1

World track/field championships -- 1

Worker compensation benefits -- 1

Two bills have become law since the last report. In Alabama, legislation was signed into law that provides for further requirements for the renewal of an athletic trainer license. The new law increases the members on the Alabama Board of Athletic Training and provides the board with the authority to award grants to promote athletic training and to develop continuing education programs. In Florida, a bill was enacted that allows home-school students the same access to high-school interscholastic activities as other students.

Since the last report, the legislatures in five states (Connecticut, Kansas, Oklahoma, Tennessee and Texas) have adjourned for the year. A total of 28 state legislatures have concluded their 1997 legislative session.

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. 5/19/97 passed House. 5/27/97 signed by governor.

California A. 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. 4/17/97 passed as amended by Assembly. 5/27/97 passed Senate.

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, deem it applicable.

Status: 2/28/97 introduced. 5/29/97 passed as amended by Assembly. To Senate.

California S. 225 (Author: Kopp)

Funding for 1999 World Championships of Track and Field. Supports California's bid to host the 1999 World Championships of Track and Field at Stanford University. Appropriates $4 million to be used only for the support of radio and television broadcasting of the World Championships of Track and Field, if they are held at a site in California.

Status: 1/30/97 introduced. 5/15/97 passed as amended by Senate. To Assembly.

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 maximum fees that can be charged by athlete agents. Provides limitations on the transfer of interests or rights to participate in profits made by athlete agents.

Status: 1/8/97 introduced. 5/8/97 passed as amended by House. 5/23/97 passed Senate.

Florida H. 1663 (Author: Burroughs)

High-school extracurricular/home school. Defines the term "extracurricular." Provides home-school students with the same access to high-school interscholastic activities as other students.

Status: 3/24/97 introduced. 4/25/97 passed House. 4/30/97 H. 1663 substituted for S. 2228. 5/1/97 passed Senate. 5/30 bill became law without governor's signature.

Louisiana S. 1522 (Author: Dardenne)

Athletics scholarships. Establishes that the benefits of an athletics scholarship should be closely tied to the student-athlete receiving a degree from his or her institution. Requires professional teams to repay an institution the cost of a student's athletics scholarship when it employs a student before the student graduates. Contains language that may require a student, who enters a professional-services contract prior to graduation, to reimburse the institution for the cost of the student's athletics scholarship when he or she fails to make the professional team aware of the requirements of the act.

Status: 4/29/97 introduced. 5/30/97 passed as amended by Senate. To House.

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. To Senate. 5/20/97 passed as amended by Senate. To House for concurrence.

*New Hampshire S. 38 (Author: Francoeur)

Worker compensation. Amends the definition of "injury" or "personal injury" for purposes of worker-compensation benefits to exclude accidental injury, disease or death resulting from participation in athletics activities, unless the employee reasonably expected, based on the employer's instruction or policy, that such participation was required for promotion, increased compensation or continued employment.

Status: 1/8/97 introduced. 3/13/97 passed as amended by Senate. 5/7/97 passed as amended by House. 5/15/97 Senate concurred with House amendments.

North Carolina H. S. 660 (Author: 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: 4/2/97 introduced. 5/22/97 passed Senate. To House.

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. 6/2/97 passed as amended by House Committee on Professional Licensure.

South Carolina H. 3424 (Author: 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. 5/29/97 passed as amended by House. To Senate.

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. 5/28/97 passed as amended by House. 5/30/97 Senate concurred with House amendments.