The State Legislation Report is based largely on data provided by the Information for Public Affairs online state legislation system as of February 12, 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 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

Academic standards -- 1

Athlete agents -- 7

Athletics facilities -- 1

Athletics schedules -- 1

Athletic trainers -- 3

Gender equity -- 1

High-school curriculum -- 2

High-school extracurricular/drugs -- 1

High-school extracurricular/home school -- 4

Liability -- 1

Sports officials -- 4

Tax/gender equity -- 2

Tickets -- 6

One bill has become law since the report. In Pennsylvania, legislation (PA. S. 425) was enacted that provides for the annual registration of athlete agents. In addition, the Pennsylvania House of Representatives adopted a resolution (PA HR 306) urging the NCAA to work with the National Association of State Boards of Education to formulate appropriate academic standards for participation in postsecondary athletics that recognize state and local district requirements and make accommodations for learning-disabled students.

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 (for 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. 1/22/98 passed as amended by House. To Senate. 2/3/98 passed favorably by Senate Committee on Tourism and Marketing.

Sports officials. Amends existing law by making it a crime for a person to assault a sports official. Provides for graduated penalties based on the severity of the physical injury and/or the criminal record of the defendant. Establishes immunity for sports officials from civil liability for any good-faith acts or omissions in the line and scope of carrying out their duties as sports officials.

Status: H. 399: 1/20/98 introduced. 1/29/98 reported favorably by House Committee on Tourism, Entertainment and Sports. S: 370: 1/27/98 introduced. 2/5/98 reported favorably by Senate Committee on Judiciary.

Athlete agents. Regulates athlete-agent contracts. Requires athlete agents to send written notice to the Arizona Board of Regents before signing any student-athlete whose eligibility has yet to expire. Prohibits an athlete agent from signing a student-athlete who is still eligible to compete in an intercollegiate sports contest until 30 days after the Board of Regents has received the agent's written notice. Imposes Class 6 felony penalties on any athlete agent who engages in contact with a student-athlete in violation of NCAA rules or who fails to comply with the provisions of the act.

Status: 1/12/98 introduced. 2/3/98 passed as amended by House. 2/16/98 to Senate Committee on Education. Additionally referred to Senate Committee on Rules.

Liability/baseball. Provides limited liability for baseball teams and baseball facility owners, including colleges and universities. Creates liability for injuries to spectators who are struck by baseballs, baseball bats or other equipment during games only when the facility owner does not provide protective seating or intentionally injures a spectator.

Status: 2/2/98 introduced.

High-school curriculum. Requests the state Department of Education to investigate the feasibility of including mandatory community service as a requirement for a public high-school diploma.

Status: 1/22/98 introduced. To House Committee on Education.

High-school curriculum. Requires public universities to include fine arts grades when calculating grade-point averages for purposes of admitting students. States that fine arts courses must be given the same weight as core- curriculum courses.

Status: 2/5/98 prefiled.

Tickets. Makes it a criminal misdemeanor for a person to issue or sell tickets to an event without printing the price and the seat number on the ticket; charge a price greater than the price advertised or stated on the tickets; sell or offer a ticket to an event at a price greater than the price charged at the place of admission or printed on the ticket; or sell a ticket in violation of conditions restricting the ticket's transfer. Permits the charging of a fee for services rendered in connection with the sale of a ticket to an event if the fee is pursuant to a contract between the ticket seller and the promoter of the event.

Status: 2/2/98 introduced. To House Committee on Judiciary.

Sports officials. Excludes sports officials who are officiating in any amateur or professional athletics contest from personal liability in any civil action for damages as a result of any acts or omissions arising out of the official's officiating duties. Adds intentionally or knowingly causing bodily injury to a sports official to the list of assault-in-the-second-degree offenses. Exempts sports officials from the definition of "employment" under unemployment compensation law.

Status: 2/2/98 introduced. To House Committee on Labor and Public Employment.

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. 1/28/98 reported favorably by House Committee on Economic Growth.

Athletics facilities. Prohibits a donor business or corporation from using its name or logo in the naming of an athletics facility at a public institution of higher education.

Status: 2/5/98 introduced. To Senate Committee on Economic and Environmental Affairs. Additionally referred to Senate Committee on Budget and Taxation.

High-school extracurricular/home school. Defines home school and permits students receiving home-school instruction to participate fully in extracurricular activities.

Status: H. 2836: 1/26/98 introduced. To House Committee on Education. S. 2761: 2/2/98 introduced. To Senate Committee on Children, Families and Learning.

Tax on tickets. Includes a provision that permits all revenues derived from the sales tax on the sale of admission tickets to athletics events sponsored by the University of Minnesota to be credited to the university.

Status: 1/22/98 introduced. To House Committee on taxes.

Pennsylvania HR 306 (Author: McIlhattan)

Academic standards. Urges the NCAA to work with the National Association of State Boards of Education to formulate appropriate academic standards for participation in postsecondary athletics that recognize state and local district requirements and make accommodations for learning-disabled students.

Status: 12/1/97 introduced. 2/11/98 passed House.

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. 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. Requires a surety bond to be filed with the commission of not less than $20,000. 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: 2/13/97 introduced. 10/20/97 passed Senate as amended. 12/10/97 passed as amended by House. 1/21/98 Senate concurred with House amendments. 1/27/98 signed by governor.

Athlete agents. Amends existing athlete-agent law and adds additional provision relating to the unlawful contact by an agent of a student-athlete through other persons to solicit the student-athlete to enter into a written agent or professional sports services contract. Increases penalty from one year imprisonment to five years for violating unlawful-acts section of statute.

Status: 1/21/98 introduced. To Senate Committee on Judiciary.

Athlete agents. Urges the U.S. Congress to enact legislation prohibiting sports agents from influencing college athletes. Requires that copies of the resolution be provided to Pennsylvania congressional delegation.

Status: 1/26/98 introduced. To Senate Committee on Intergovernmental Affairs.

Athlete agents. Authorizes the department of business regulation to promulgate rules and regulations governing the occupation of athlete agents.

Status: 2/3/98 introduced. To House Committee on Finance.

Athletic trainers. Expands the definition of athletic trainer to apply to those who, upon the direction of his or her team physician and/or consulting physician, carry out the practice of prevention and/or physical reconditioning of injuries to athletes "employing the athletic trainer."

Status: 2/3/98 introduced. To House Committee on Health, Education and Welfare.

High-school extracurricular/drugs. Repeals provision restricting persons who have possessed, used or distributed controlled substances or marijuana from participation in extracurricular high-school activities, including athletics.

Status: 1/20/98 introduced. To House Committee on State Affairs.

Athletic trainers. Grants a temporary permit, valid for 180 days, to an athletic trainer who has completed the education requirements of the statute. Limits those in receipt of a temporary permit to practice only under the supervision of a licensed physician, a licensed physical therapist, or a licensed athletic trainer.

Status: 1/26/98 introduced. To House Committee on Health and Human Services.

High-school extracurricular/home school. Allows for home-school students to participate in any interscholastic activity if student meets certain academic requirements, fulfills the same responsibilities and standards of behavior and performance, and the student resides within the attendance boundaries of the school for which the student participates.

Status: 1/26/98 introduced. To Senate Committee on Education.

Tickets. Prohibits persons from professionally engaging in the practice of ticket scalping. Defines professional ticket scalper as one who regularly purchases, for the purpose of reselling for profit, 20 or more admission tickets, passes or other items required for entry into events conducted in stadiums, arenas, auditoriums, theaters or other public places. Establishes criminal Class A misdemeanor penalty punishable by fine only, not to exceed $5,000.

Status: H. 3332: 2/4/98 introduced. S. 3291: 2/4/98 introduced. 2/5/98 to Senate Committee on Judiciary.

Tickets. Makes it a Class C misdemeanor crime for a person to sell or offer for sale a ticket to any sports event, athletics contest or entertainment event at a price greater than the price printed on the ticket, the applicable tax, and a reasonable service charge (not to exceed the greater of $10 or 15 percent of the price printed on the ticket).

Status: 1/19/98 introduced. 1/22/98 reported favorably by the House Committee on Rules. To House Committee on Revenue and Taxation.

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. 2/4/98 passed as amended by Senate. To House. 2/10/98 reported favorably by House Committee on Revenue and Taxation.

Sports officials. Establishes a Class 1 misdemeanor crime, including a mandatory, minimum jail sentence, for committing a battery against an athletics contest official engaged in the performance of his duties.

Status: 1/26/98 introduced.

Athletic trainers. Allows licensed physical therapists to practice without referral when providing services to a student-athlete participating in a school or university-sponsored athletics activity. Requires that the physical therapist be certified as an athletic trainer by the National Athletic Trainers' Association or as a sports-certified specialist by the America Board of Physical Therapy Specialties.

Status: 1/26/98 introduced. To Senate Committee on Education and Health.

Gender equity. Establishes a joint subcommittee to study gender discrimination in college sports. Authorizes subcommittee to: (1) review the requirements of Title IX, relative to the impact on female participation in intercollegiate sports; (2) determine the extent to which Virginia colleges and universities are in compliance with Title IX through a comprehensive examination of the institution's financial assistance to the women's athletics program, whether the institution accommodates women's athletics interests and abilities, and whether other benefits, opportunities, and treatments afforded sports participants are equivalent; and (3) make such recommendations as the joint subcommittee may deem necessary to ensure that Virginia institutions of higher education comply with federal laws and regulations prohibiting gender discrimination.

Status: 1/26/98 introduced. To Senate Committee on Rules.

Tickets. Prohibits the resale, transfer of, or offer to resell tickets to an athletics, cultural or entertainment event for a value greater than the original sales price or face value. Imposes misdemeanor penalty of $100 for each ticket resold, transferred or offered for resale.

Status: 1/19/98 introduced. To House Committee on Judiciary.

Tickets. Allows retired veterans, with at least two years of military service, who were honorably discharged and who are residents of the state, to receive free admissions to high-school, college or university athletics events in the state.

Status: 1/19/98 introduced. To House Committee on Veterans' Affairs. Additionally referred to House Committee on Education.

High-school extracurricular/home school. Allows home-school students to participate in any extracurricular or interscholastic activity at their local public school. Requires home-school students to meet school district eligibility requirements.

Status: 1/19/98 introduced. To House Committee on Education.

Athletics schedules. Requires West Virginia University and Marshall University to play each other in football annually beginning in 1999, or sooner if the schedules permit. Provides for the game to be played at West Virginia until the Marshall stadium attains comparable seating capacity (thereafter the game will be rotated between the universities).

Status: 1/29/98 introduced. To House Committee on Education.