National Collegiate Athletic Association

The NCAA News - News and Features

December 22, 1997

State legislation relating to college athletics

This report highlights state legislation enacted in 1997 and summarizes key provisions of each bill that could affect or is of interest to staffs of intercollegiate athletics programs and student-athletes. The report details 24 bills that were enacted in 14 states. All legislation set forth in this report previously appeared in columns published by The NCAA News during the past year.

This report is based largely on data provided by the Information for Public Affairs on-line state legislation system as of December 9, 1997. The bills selected for inclusion in this report were drawn from a larger pool of measures and, therefore, do not necessarily represent all of the bills that would be of interest to individual NCAA 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 report as a service to its members. For further information regarding a particular bill, members should contact the state legislature concerned.

Indices for 1997 Enacted State Legislation

Subject -- Number of Bills

Admission/home-school students -- 1

Alcoholic beverages -- 2

Anabolic steroids -- 1

Athlete agents -- 4

Athletics scholarships -- 1

Athletic trainers -- 5

Gender equity -- 2

High-school extracurricular/home school -- 4

Renaming of universities -- 1

Sports officials -- 1

Student resident requirements -- 1

Worker compensation -- 1

Admissions/home school students

New Mexico S. 1235 (Author: Rodriguez)

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.

Alcoholic beverages

Alabama S. 36a (Author: Freeman)

Provides for a separate alcoholic-beverage license for golf courses. Permits the sale of alcoholic beverages at both private and public 18-hole or larger golf courses. Sets annual license fee.

California A. 114 (Author: Battin)

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.

Anabolic steroids

Delaware H. 166 (Author: Oberle)

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.

Athlete agents

California S.B. 84 (Author: Ayala)

Amends the Miller-Ayala Athlete Agents Act. Excludes from the definition of "athlete agent" a licensed talent agency, unless the talent agency recruits or solicits a student-athlete (as specified under the act) or, for compensation, seeks to obtain employment for any person to perform on-field play with a professional sports team or organization.

Connecticut H. 5127 (Author: Villano)

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.

Tennessee S. 1825 (Author: Gilbert)

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.

Texas S. 1190 (Author: Armbrister)

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 an 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.

Athletics scholarships

Texas S. 1419 (Author: Wilson)

Requires those universities and colleges that utilize a minimum high-school grade-point average as an admission criterion to award athletics scholarships only when the recipient meets this minimum standard. States that the minimum grade-point average criterion must be applied uniformly to all students.

Athletic trainers

Alabama H. 575 (Author: Hogan)

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.

Alabama S. 349 (Author: Waggoner)

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.

New Hampshire H. 537 (Author: Torr)

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.

North Carolina S. 660 (Author: Hoyle)

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.

Texas H. 2573 (Author: Berlanga)

Relates to fees assessed for the regulation of athletic trainers. Sets procedures for the receipt and account of fees collected by the department of health. Provides for an audit, conducted by the state auditor, of the department's financial transactions.

Gender equity

Arkansas H. 1683 (Author: Wagner)

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 for providing gender equity in their intercollegiate athletics programs.

Washington S. 5464 (Author: Kohl)

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.

High-school extracurricular/home school

Florida H. 1663 (Author: Burroughs)

Defines the term "extracurricular." Pro-vides home-school students with the same access to high-school interscholastic activities as other students.

Florida S. 458 (Author: Harris)

Relates to student academic 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 grade-point average in the courses required by the act for graduation.

New Mexico H. 1128 (Author: Chavez)

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.

New Mexico S. 111 (Author: Nava)

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.

Renaming of universities

Oregon H. 2364 (Author: Shetterly)

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.

Sports officials

Georgia S. 263 (Author: Perdue)

Designates certain sport officials (e.g., umpire, referee, judge, linesman) who perform services for entities sponsoring an interscholastic or intercollegiate sports event as independent contractors and not employees.

Student resident requirements

California A. 1317 (Author: Ducheny)

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.

Worker compensation

New Hampshire S. 38 (Author: Francoeur)

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/recreational 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.

Legislation by state

ALABAMA

Alcoholic beverages

AL S. 36a

Athletic trainers

AL H. 575

AL S. 349

ARKANSAS

Gender equity

AR H. 1683

CALIFORNIA

Alcoholic beverages

CA A. 114

Athlete agents

CA S.B. 84

Student resident requirements

CA A. 1317

CONNECTICUT

Athlete agents

CT H. 5127

DELAWARE

Anabolic steroids

DE H. 166

FLORIDA

High-school

extracurricular/

home school

Fl H. 1663

FL S. 458

GEORGIA

Sports officials

GA. S. 263

NEW HAMPSHIRE

Athletic trainers

NH H. 537

Workers compensation

NH S. 38

NEW MEXICO

High-school

extracurricular/

home school

NM H. 1128

NM S. 111

Admissions/home school

NM S. 1235

NORTH CAROLINA

Athletic trainers

NC S. 660

OREGON

Renaming of

universities

OR H. 2364

TENNESSEE

Athlete agents

TN S. 1825

TEXAS

Athletic agents

TX S. 1190

Athletics scholarships

TX S. 1419

Athletic trainers

TX H. 2573

WASHINGTON

Gender equity

WA S. 5464