The NCAA News - News and Features

March 2, 1998

State legislatures focusing attention on athletics

Activity grows across a wide range of issues

BY KAY HAWES
STAFF WRITER

Just as issues swirling around the U.S. Congress often escape the notice of those not inside the Beltway, matters in state legislatures often are resolved in relative anonymity. When the average citizen does notice what state lawmakers are debating, it's often the high-profile cases like abortion, euthanasia, taxes or the death penalty that get attention.

But state lawmakers are increasingly devoting their attention to a matter that hits closer to home: intercollegiate athletics. Several athletically related issues currently are being debated in capitols across the land, and lawmakers are often rendering decisions that may have a lasting impact on student-athletes and the institutions for which they compete.

The most prominent issue at the moment involves an attempt to prevent student-athlete contact with sports agents. Lawmakers also are attempting to protect sports officials with laws that provide harsher penalties for those who use their fists to express their displeasure with a call. And, lawmakers from Maine to Montana are deliberating regulation of everything from Internet gambling to home-schooled students to athletic trainers.

The NCAA is paying attention to this heightened activity. The Washington, D.C., federal relations staff, which tracks legislation that may affect intercollegiate athletics, has noticed that state lawmakers are tackling more of these issues.

"State legislatures are definitely becoming more involved in sports-related issues -- everything from establishing academic criteria to play sports in high school to the financing of sports arenas falls under their purview," said Doris L. Dixon, NCAA director of federal relations. "Policies they adopt have the ability to directly affect the functions of the NCAA due to the close relationship state legislatures have with the colleges and universities they are charged with funding and overseeing."

Dixon noted that the actions of the federal government have less of an impact on the NCAA because of the private nature of the Association and the arms-length relationship the federal government has with colleges and universities.

State legislation that may ultimately affect the NCAA or its member institutions is tracked through a regular report in The NCAA News.

"We track state legislation to ensure that the membership is aware of legislative initiatives in their state," said Daniel A. Nestel, NCAA assistant director of federal relations. "We try to just present the facts. If members are interested, they can pursue it by contacting their state legislature."

State legislation a real concern

In the recent past, laws enacted by state legislatures have caused more than just interest on the part of the NCAA; they have caused legal action.

On November 12, 1991, the Association filed suit to overturn a law enacted by the Nevada state legislature. That law, directed at the NCAA enforcement process, was a so-called "due process" statute that placed judicial-like restraints on the Association.

The statute compelled the NCAA to meet a variety of unattainable requirements in pursuing infractions cases in the state of Nevada, and the statute also provided for extreme monetary damages if the Association were found in violation of the statute.

On June 5, 1992, a federal judge ruled that the Nevada law restricted the Association's ability to apply its rules consistently in all 50 states and that the law prevented Nevada member institutions from fulfilling their contractual responsibilities with the NCAA.

That decision cleared the way for the NCAA to proceed with and eventually complete an infractions case involving the University of Nevada, Las Vegas.

The federal judge's ruling was appealed by individuals involved with Nevada-Las Vegas, including Jerry Tarkanian, the former men's basketball coach at the university and one of the defendants in the NCAA's suit. The U.S. Court of Appeals for the Ninth Circuit upheld the lower court's ruling.

The case concluded when the Supreme Court refused to reinstate the law. Without comment, the court let the federal judge's ruling stand.

It is clear that legislation passed by state lawmakers can affect the NCAA's ability to function. The question is, could this type of a scenario happen again?

"In these types of issues, where states pass laws that could impact the NCAA, you could see a similar situation," Nestel said. "The NCAA must have uniform rules that apply to institutions in all states to permit competitive balance. However, there certainly has been, and could be in the future, state legislation that would impact and possibly conflict with NCAA rules."

Nestel points out that of the hundreds of bills the NCAA tracks, maybe only 20 percent are passed into law. Still, he said, it's important to keep an eye on trends.

"State legislative issues may act as a barometer of what's going on in the rest of the country," Nestel said. "Monitoring state legislation is not the only way to identify significant issues, but it is one way of determining what issues may be important. Sometimes you can get an idea of what issues may soon be in the forefront on the national level by monitoring activity in state legislatures."

Athlete-agent laws popular but thorny

State legislatures have spent much time lately talking about athlete agents and how to control them.

Nestel said the issue often comes to the attention of state legislatures after an athlete in the state is declared ineligible because of dealings with an agent.

NCAA legislation prohibits a student-athlete from participating in intercollegiate athletics if he or she ever has agreed -- orally or in writing -- to be represented by an agent for the purpose of marketing his or her athletics ability or reputation in that sport.

State legislatures write athlete-agent legislation usually with only one purpose -- restricting the contact between sports agents and student-athletes until the student's eligibility for intercollegiate competition has been exhausted.

Research last year by the NCAA's federal relations office showed that little or no consistency existed among the nearly 30 state laws regulating athlete agents. (A story in the August 18, 1997, issue of The NCAA News detailed the situation.)

Variations in these state laws range from differing definitions of terms such as student-athlete, agent contract and sports agent to inconsistencies in registration and penalties imposed for violations. Those inconsistencies make it unlikely that many athlete agents are in full compliance with each state's regulations.

The NCAA supports the development of a uniform state law in this case, in part because states may be more likely to devote resources to enforcing the law, Nestel said.

Work is under way through the National Conference of Commissioners on Uniform State Laws to construct a uniform law that could be adopted in every state. It is, however, a lengthy process. It is unlikely that the uniform state law will be drafted before 2001. Then it must be brought before each state's legislature.

In the meantime, a Pennsylvania state senator has taken the unusual step of introducing a bill that urges the U.S. Congress to enact federal legislation prohibiting sports agents from influencing college athletes. This bill, while not binding, is a reflection of the strong feelings many state legislators have on the matter.

And, the Pennsylvania legislature -- perhaps prompted by recent events surrounding a Pennsylvania State University football player and his premature involvement with an agent -- has been quite active in its efforts to strengthen state regulations regarding athlete agents.

The Pennsylvania governor recently signed into law a bill that delineates unlawful actions by agents and provides for agents' annual registration with the State Athletic Commission. The new law also requires agents to file a $20,000 surety bond with the commission.

Another bill recently introduced in Pennsylvania would require offenders of the athlete-agent law to spend five years in prison.

Several other state legislators have introduced bills that would allow universities to bring civil actions against both agents and student-athletes who violate state agent laws.

Some states, including South Carolina, Tennessee and Missouri, already hold both the student-athlete and the agent responsible for lost revenue when an institution is penalized or disqualified by a national association or conference.

This strategy seems to be gaining in popularity as states look for ways to give their athlete-agent laws more teeth.

From poor sports to felons

Giving laws teeth is the point behind several state bills that provide tougher penalties for assaulting sports officials.

Bob Still, public relations manager for the National Association of Sports Officials (NASO), says officials are making a concerted effort to get state legislatures to increase the penalties for assault.

"Sports officials are authority figures, just like teachers and police officers, and we'd like judges to be able to apply a more severe penalty to those who assault them," he said.

Mel Narol, a nationally recognized authority on sports law, wrote model legislation for NASO in 1987. The model legislation provides for stiff penalties, including fines and imprisonment, for those convicted of assaulting officials.

NASO doesn't lobby legislators, but it does provide information packets, including the model legislation, to interested members, which include officials from every level of competition. The members then bring it to a sympathetic state legislator. Over the years, NASO representatives have seen 11 states pass some form of their model legislation.

Recent assaults against officials, some of which have been videotaped, have prompted a renewal of interest. Alabama, Georgia, Hawaii, New Hampshire, Kentucky and Washington currently are considering legislation that would permit harsher penalties for assaulting officials, and in Kentucky and Ohio, poor sports who punch officials could find themselves behind bars as convicted felons.

Still said much of the out-of-control violence against officials occurs at the high-school level and with younger competitors, where officials don't have the protection of police officers and university security. Those are the same levels of competition where young officials receive their training.

Stopping the violence at those levels is essential to retain a supply of qualified officials for intercollegiate athletics, Still said. "It's becoming difficult to get people who want to officiate today, and it's no surprise," he said.

While it's difficult to track the number of assaults on officials nationwide, NASO's association magazine, Referee, has recorded an increasing number of assault reports, and the assaults seem to be of an increasingly violent nature. That has prompted many officials to open lines of communication to their state legislatures.

"Every state has contacted me for information in the last month," Still said. "It's too bad this has to go to the state legislatures, but it does."

Changing profession brings regulation

Another issue that state legislatures all over the nation are discussing is athletic trainers and trainer regulation, said Richard Rogers, government relations manager for the National Athletic Trainers' Association (NATA). "It's hot right now, but we like that," he said.

Rogers says media attention surrounding prominent athletes' injuries, such as the one to Detroit Lions linebacker Reggie Brown in December, has helped trainers at the state level who have been lobbying for more state regulation of the profession.

"More people are learning what athletic trainers are capable of, and how important it is that they're licensed and regulated," Rogers said.

He notes that lobbying is done on a statewide or district level, and while the NATA national office usually serves as merely a clearinghouse of information on regulation and licensing, NATA members favor the new state legislation.

"It adds recognition to the profession and protects the public from those who aren't qualified," he said, "and it also affects reimbursement from insurance companies."

While national certification of trainers has been commonplace for some time, state regulation is necessary to reflect trainers' changing roles and increasing responsibilities, Rogers said.

Also, as trainers move into rehabilitation work in clinical settings, insurance reimbursement has become more important. If the state recognizes trainers as licensed health professionals, clinics can bill insurance companies for trainers' work in clinical settings, Rogers points out.

Rogers reports that 38 states now have some form of regulation or licensing of athletic trainers, and several more states are considering legislation.

Cyberspace gambling: A new danger?

Concern about Internet gambling has both state and federal authorities looking for answers. While Internet wagering has stimulated interest at the national level, gambling regulation traditionally has been a state function.

Nebraska legislators recently introduced a bill to prohibit Internet gambling, but there may be little the state can do to enforce it if it becomes law. Because the gambler and the cyber-casino seldom are located in the same state, the issue is complicated.

Sports Illustrated reported in late January that a few states -- Missouri and Minnesota -- have taken action against Internet gambling sites by invoking consumer-protection laws rather than gambling statutes.

Unfortunately, those actions have been effective only in cases involving U.S.-based operations. Of greater concern are sites located outside U.S. borders, and they have proven difficult to regulate.

The NCAA is concerned about the growth of Internet gambling for several reasons. Internet gambling attempts to circumvent existing laws, and it is easily accessible to college students. It also could contribute to student-debt problems, and it poses a threat to student-athletes and the integrity of future contests.

"The NCAA is supporting federal legislation that would prohibit Internet gambling," Nestel said. "It's a relatively new issue that we're tracking, and it is of considerable concern to our members."

Additional information about specific federal Internet gambling legislation can be found in monthly governmental affairs reports prepared by the federal relations office. These reports appear in The NCAA Register, a monthly supplement to The NCAA News.

Home-schooled athletes

As the home-schooling movement has gained popularity, more state legislatures are proposing that home-schooled students be allowed to participate in extracurricular activities at public schools. Legislation along those lines is pending in Arizona, Minnesota, South Dakota and West Virginia.

"There is an increasing receptivity to home schooling and those students participating in athletics at their high school," said Diane Dickman, NCAA coordinator of academic issues. "We've seen an increase every year for the last four or five years."

Dickman and other NCAA staff members evaluate the initial-eligibility waiver applications filed by student-athletes who have been home schooled.

"Traditionally, what we've seen up to this point has been student-athletes who participate in individual sports," Dickman said. "As state laws open up the public school teams to home-schooled students, I think we'll begin to see not just more students but also more students in team sports, like football and basketball."

Dickman points out that the NCAA staff has planned for anticipated increases in home-schooled athletes, and more waiver applications from them are expected. "Their test scores tend to be high, and as a general rule they are very qualified, bright young people," she said.

Home-schooled student-athletes must meet the same standards as students in traditional schools, and their waivers are reviewed individually to allow for additional scrutiny, Dickman said.

In addition to test scores, home-schooled students must provide extensive evidence of their curriculum, a practice that Dickman said most home-schooling parents are already prepared to do. "A lot of what we ask them to provide, they already have had to produce for their own state laws or for college admission," she said.

If the current trends hold true, universities and colleges may be considering more home-schooled students in the future. Dickman encourages coaches to keep an open mind.

"I think our member institutions have an unfounded fear about recruiting home-schooled students," Dickman said, noting that proportionally, traditionally schooled student-athletes had many more instances of irregularities and questionable scores. "Ninety-five percent of our home-school waivers are approved without any problems."

Academics always on agenda

State legislatures regularly address education and academics as they are related to athletics, and some state lawmakers have been critical of the NCAA's role in setting academic standards for intercollegiate student-athletes.

Pennsylvania has introduced a bill that urges the NCAA to work with the National Association of State Boards of Education to formulate appropriate academic standards for participation in athletics. The bill asks that these standards recognize state and local district requirements and make accommodations for learning-disabled students. This nonbinding legislation passed the Pennsylvania House of Representatives earlier this month.

"Some state legislatures think the NCAA shouldn't be setting standards for college students," Nestel said. "But that's our job. We're not setting standards for those who don't want to play sports. We're saying that when you play intercollegiate sports, you're essentially attending college and taking on the equivalent of a full-time job in many cases. You must be academically prepared to do that."

As far as bills that have actually made it into law, Florida and New Mexico were among the states who passed laws last year stipulating the minimum academic requirements high-school students must

meet to participate in interscholastic extracurricular activities, including athletics. Both states now require a 2.000 grade-point average for participation.

Other issues brewing

Several other issues have generated interest in many states, although not to the degree of the previous topics.

Ticket scalping and regulations regarding ticket sales are a frequent topic of discussion in state legislatures, but those measures are rarely unusual or controversial.

Gender equity also has surfaced in recent state legislation. Last year, Arkansas passed a law that allows state-supported institutions of higher education to use an additional $300,000 each fiscal year from the institution's own unrestricted educational and general funds for providing gender equity in its intercollegiate athletics programs.

Virginia lawmakers are currently examining a bill that would establish a joint subcommittee to study gender discrimination in college sports. Under the provisions of that bill, the subcommittee would be authorized by the state to determine which Virginia colleges and universities are in compliance with Title IX. The subcommittee also would be authorized to make recommendations to ensure that Virginia's institutions of higher education comply