The NCAA News - News and Features

February 9, 1998

State legislation relating to student-athletes

This report summarizes legislation currently pending before state legislatures that could affect or is of interest to the staffs of intercollegiate athletics programs and student-athletes. Set forth below is a list of 26 bills from 17 states that have been introduced in state legislatures since the beginning of 1998. All newly introduced bills, including those prefiled before the 1998 legislative session, are marked with an asterisk (*).

The State Legislation Report is based largely on data provided by the Information for Public Affairs online state legislation system as of January 20, 1998. 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 online 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

Academic standards -- 1

Athlete agents -- 5

Athletics facilities -- 3

Athletics scholarships -- 1

Athletic trainers -- 3

Computer/Internet gambling -- 1

Fund-raising -- 1

High-school extracurricular/charter schools -- 1 --

High-school extracurricular/drug testing -- 2

Renaming of institution -- 1

Sports officials -- 3

Tax/gender equity -- 1

Tickets -- 3

*Alabama H. 197 (Author: Allen)

Athlete agents. Amends existing athlete-agent law. Creates "student-athlete" definition and further defines "athlete agent" term. Provides further grounds for granting or renewing registration of an athlete agent. Increases surety bond amount from $50,000 to $100,000. Imposes criminal penalties on a student-athlete and/or an athlete agent if notification is not provided to the athletics director or university president upon entering into an oral or written agent contract or upon the student-athlete's receipt of an in-kind benefit from an athlete agent. Allows a university president to bring a civil action (actual and punitive damages) against a student-athlete or athlete agent for failing to provide notification of the negotiation of or signing of an agent contract. Requires athlete agent to keep all financial or business records for at least four years.

Status: 1/13/97 introduced. To House Committee on State Administration.

*Arizona H. 2057 (Author: McGrath)

Athletics facilities/food and beverages. Provides that stadium operators cannot prohibit a person from bringing containers holding food or beverages for personal consumption into a stadium owned by the state (or a political subdivision) or constructed in whole or in part with public moneys.

Status: 1/12/98 introduced. To House Committee on Public Institutions and Universities. Additionally referred to House Committee on Rules.

*Arizona H. 2273 (Author: Brimhall)

High-school extracurricular/charter schools. Permits students enrolled in charter schools to try out and participate in interscholastic activities at their local public school. Requires the charter school to pay $300 to the public school district for every charter school student who participates in interscholastic activities at a public school.

Status: 1/12/98 introduced.

*Florida S. 612 (Author: Crist)

Tax on tickets. Exempts from taxation admissions to any semifinal game or championship game of a national collegiate tournament.

Status: 1/7/98 prefiled.

*Georgia H. 1243 (Author: Watson)

Sports officials. Amends state law and imposes a misdemeanor penalty of a high and aggravated nature on any person who commits the offense of a simple assault, simple battery or battery against a sports official during, or while the sports official is exiting, an amateur contest. Provides for a mandatory minimum term of imprisonment of 10 days.

Status: 1/15/98 introduced. To House Committee on Special Judiciary.

*Indiana H. 1217 (Author: Klinker)

Athlete agents. Requires a person who acts as a sports agent within Indiana to hold a sports agent permit issued by the secretary of state. Requires payment of $250 permit fee and the posting of $15,000 surety bond. Establishes specific requirements for agent contracts. Requires a student-athlete and a sports agent to notify the university president or athletics director, within the time specified, after signing agent contract. Prohibits a sports agent from providing anything of value to a student-athlete. Provides institutions with a cause of action for damages against a person (agent or student-athlete) who violates any provision of the act. Holds a student-athlete and a sports agent jointly and severally liable to an institution for damages awarded to an institution under the act. Imposes criminal misdemeanor penalties on a sports agent for failure to receive a sports agent permit and imposes felony penalties for knowingly or intentionally violating other provisions of the act.

Status: 1/8/98 introduced. To House Committee on Economic Growth.

*Indiana S. 239/S. 300 (Authors: Server/Bowser)

Athletic trainers. Requires that athletic trainers must be licensed. Establishes that soft therapeutic tissue techniques are considered athletic training. States that Indiana athletic trainers board must adopt continuing education standards that conform with the standards of the National Athletic Trainers' Association.

Status: S. 239/S. 300: 1/7/98 introduced. 1/8/98 to Senate Committee on Public Policy.

*Kentucky H. 90 (Author: Cave)

Sports officials. Lists crime of causing or attempting to cause physical injury to a sports officials as an assault in the third degree, a Class D felony.

Status: 1/6/98 introduced. 1/7/98 to House Committee on Judiciary.

*Maryland H. 110 (Author: Rosenberg)

Athlete agents. Amends the Maryland Sports Agent Act. Expands the definition of "local athlete" to include anyone who is or was member of high-school team in the state. Eliminates the provision that requires that a "local athlete" reside in the state.

Status: 1/16/98 introduced. To House Committee on Economic Matters.

*Missouri H. 1332 (Author: Shields)

Renaming of institution. Changes the name of Missouri Western State College to Missouri Western State University.

Status: 1/15/98 introduced.

*Mississippi S. 2509 (Author: Harden)

Athletics facilities. Prohibits the Mississippi Veterans Memorial Stadium Commission from charging Jackson State University any fee for the use of the stadium at athletics events when the university is the home or visiting team.

Status: 1/13/98 introduced. To Senate Committee on Universities and Colleges. Additionally referred to Senate Committee on Appropriations.

*Nebraska L. 1043 (Author: Schellpeper)

Computer/Internet gambling. Amends state code to add to the list of prohibited activities gambling by computer or an electronic communications medium.

1/9/98 introduced. 1/12/98 to Legislative Committee on General Affairs.

*New Hampshire H. 1301 (Author: Vaillancourt)

Tickets. Makes it a violation for any person to resell a ticket to an entertainment or sporting event for more than 15 percent over the amount of the original ticket price.

Status: 1/7/98 introduced. To House Committee on Commerce.

*New Hampshire H. 1465 (Author: Fesh)

Athletics scholarships. Requires that one-third of all athletics scholarships granted within the university system of New Hampshire be awarded to New Hampshire high-school graduates and that a Scholastic Aptitude Test score of 1,100 be required as the minimum for athletics scholarship eligibility.

Status: 1/7/98 introduced. To House Committee on Education.

*New Jersey A. 264 (Author: Cohen)

Athlete agents. Creates the New Jersey Athlete Agent Regulatory Board to regulate athlete agents. Requires athlete agents to register with the board, pay a registration fee and renew registration every two years. Requires each athlete agent to submit to the board either a $100,000 surety bond, $500,000 malpractice insurance policy or a $100,000 certificate of deposit. Sets certain contract provisions and establishes that all agent contracts must be on a form approved by the board. Regulates athlete-agent conduct and lists prohibited activities. Requires athlete agents to comply with all requirements of the Uniform Securities Law (1967), if athlete agents act as investment advisors or broker-dealers as defined in that law.

Status: 1/13/98 introduced. To Assembly Committee on Consumer Affairs and Regulated Professions.

*New Jersey A. 942 (Author: Augustine)

Athletic trainers. Amends the Athletic Training Practice Act to require that athletic trainers be licensed according to the bill's provisions. Allows athletic trainers that become licensed under the act to use the title "licensed athletic trainers." Requires all applicants for licensure to demonstrate proof of a program of baccalaureate education and coursework in a number of subject areas. Establishes that all applicants must successfully complete an examination administered by the National Athletic Trainers' Association Board of Certification, or a substantially equivalent examination. Allows any person currently registered as an athletic trainer to become licensed, without satisfying the bill's curriculum and examination requirements, by making a timely renewal application.

Status: 1/13/98 introduced. To Assembly Committee on Consumer Affairs and Regulated Professions.

*New Jersey A. 1046/S.220 (Authors: Quigley/Sacco)

High-school extracurricular activities/drug testing. Permits a board of education to adopt a policy for the random drug testing of the district's high-school students who participate in interscholastic athletics. States that the purpose of such a policy is to assist a school district in its attempt to combat the problem of drug use among student-athletes, which poses an immediate risk to the user and other students participating in interscholastic athletics. Establishes certain guidelines that must be followed in adopting a drug-testing policy that conforms to recent court decisions. Limits disciplinary action imposed on a student who tests positive for drug use or refuses to be tested to suspension or prohibition from interscholastic athletics participation.

Status: A 1046: 1/13/98 introduced. To Assembly Committee on Education. S. 220: 1/13/98 introduced. To Senate Committee on Education.

*Ohio H. 659 (Author: Reid)

Sports officials. Amends the state code to include a prohibition of specified assaults on and harassment of sports officials. Provides for a felony of the third degree criminal penalty in cases of aggravated assault on a sports official and a misdemeanor of the second degree for harassing a sports official.

Status: 1/7/98 introduced. 1/8/98 to House Committee on Criminal Justice.

*Pennsylvania HR 313 (Author: Stairs)

Academic standards/NCAA. Urges the NCAA to adopt an alternative policy to be used in establishing appropriate standards for postsecondary athletics scholarship and participation eligibility. States that initial-eligibility standards are best set at the state and local level rather than the NCAA.

Status: 1/6/98 introduced. 1/12/98 to House Committee on Rules.

Pennsylvania S. 425 (Author: Robbins)

Athlete agents. Amends the Athletic and Sports Code. Provides for the annual registration of athlete agents with the State Athletic Commission. Requires a $20,000 surety bond. Prohibits the registration of an athlete agent who has been convicted of certain crimes within 10 years of the date of application. Delineates unlawful actions by athlete agents. Allows for the commission to impose a civil penalty of not more than $5,000 for each violation of the act. Provides the commission with injunctive relief to enjoin any person from committing any act in violation of the act.

Status: 2/13/98 introduced. 10/20/97 passed Senate as amended. 12/10/97 passed House as amended.

*South Carolina H. 4385 (Author: Kirsh)

Athletics facilities. Provides for a reimbursement to the Department of Public Safety from the athletics department of a college or university for the cost of a commissioned trooper to perform traffic, crowd or pedestrian control at a college or university athletics event.

Status: 1/13/98 introduced. To House Committee on Education and Public Works.

*Utah H. 257 (Author: Tanner)

Tickets. Establishes a class C misdemeanor penalty for any person who sells a ticket to a sports event or athletics contest for greater than the face value of the ticket plus a service charge and applicable tax.

Status: 1/19/98 introduced.

*Utah S. 34 (Author: Hillyard)

Tax/gender equity. Provides a sales tax exemption for amounts paid for admission to an athletics event at an institution of higher education that is subject to the provisions of Title IX of the Education Amendments of 1972.

Status: 1/19/98 introduced.

*West Virginia S. 132 (Author: Dittmar)

Fund-raising. Allows for a deduction from a taxpayer's personal state income tax liability for contributions to state-supported colleges and universities.

Status: 1/14/98 introduced. To Senate Committee on Finance.