The State Legislation Report is based largely on data provided by the Information for Public Affairs online state legislation system as of March 2, 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 online 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 below address the following subjects:

Subject -- Number of Bills

Athlete agents -- 4

Athletics facilities -- 1

Athletic trainers -- 6

Course grades disclosure -- 1

Drug testing -- 1

Gender equity -- 1

Graduation rates -- 1

High-schoolextracurricular/injuries -- 1

Internet gambling -- 1

Liability -- 1

Sports officials -- 3

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 (for actual and punitive damages) against a student-athlete or athlete agent for failing to provide notification of the negotiation or signing of an agent contract. Requires athlete agent to keep all financial or business records for at least four years.

Status: 1/13/98 introduced. 1/22/98 passed as amended by House. 2/10/98 passed as amended by Senate. 2/26/98 House concurred with Senate amendments.

Arizona S. 1399 (Author: Patterson)

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. 2/17/98 passed as amended by Senate Committee on Judiciary.

High-school extracurricular/injuries. Requires the State Department of Education, in conjunction with the University of California, Los Angeles, to conduct a representative sampling of pupil injuries in high-school athletics events over a period of three school years commencing with the 2000-01 school year. Identifies the following areas that must be addressed by the sampling: the actual statewide frequency of injuries and their reoccurrence rate; methods for creating intervention programs to decrease the incidence of injuries; possible methods for decreasing health costs due to improper evaluation and care of athletics injuries; and the development of an athletics safety plan. Authorizes that the program costs not exceed $75,000.

Status: 2/13/98 introduced. 2/23/98 to Senate Committee on Education.

Drug testing and education program. Requires the Regents of the University of California and the Trustees of the California State University to establish an athlete drug-abuse education and prevention program. Prohibits participation on an institution's intercollegiate sports team unless the student-athlete maintains irrevocable written consent to abide by the terms of the drug education and prevention program, including, but not limited to, participation in drug testing. Establishes penalties for student-athletes who test positive for drugs.

Status: 2/18/98 introduced.

Tickets. Repeals the criminal penalties for ticket scalping. Requires the Commissioner of Consumer Protection to examine the issue and report on the adoption of provisions (including licensing and the imposition of civil penalties) to regulate the resale of tickets to entertainment events.

Status: 2/25/98 introduced.

Athletic trainers. Amends the current athletic trainer licensure requirements. Defines "athletic training." Requires a person to be licensed, pursuant to the act, in order to practice athletic training. Exempts certain persons from licensing requirements, including interns who are practicing under the supervision of a licensed athletic trainer or a licensed health care provider. Establishes education program requirements necessary to obtain a license as an athletic trainer. Sets license application fee of $150. Authorizes the Commissioner of Public Health to adopt regulations in accordance with the new provisions related to athletic trainers.

Status: 2/25/98 introduced. To Joint Committee on Public Health.

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. 2/12/98 passed as amended by House Committee on Special Judiciary.

Athletics facilities/television replays. Prohibits the showing of replays at an athletics events in the facility's skyboxes, concourses or similar areas unless the same replays are shown on the projection screens that supplement the scoreboard.

Status: 2/18/98 introduced. To Senate Committee on Rules.

Internet gambling. Prohibits any person from conducting gambling; transmitting bets or wagering; receiving money or credit as the result of gambling or placing bets or wagers; or transmitting or receiving information that it is intended for use or assistance in gambling. Imposes Class A misdemeanor penalties on those persons in violation of the act. Exempts certain uses of Internet from the scope of the act.

Status: 2/20/98 introduced. To Senate Committee on Rules.

Graduation rates/unlawful acts. Authorizes the board of regents to develop policies and rules aimed at achieving higher student-athlete graduation rates and lower rates of participation in unlawful activities.

Status: 2/17/98 introduced. To House Committee on Education.

Athletic trainers. Provides for the conversion of the existing athletic training advisory board into a full regulatory examining board. Establishes requirements necessary for becoming a member of the board.

Status: 2/19/98 introduced.

Kentucky H. 90 (Author: Cave)

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

Status: 1/6/98 introduced. 2/20/98 passed House. 2/24/98 to Senate Committee on Judiciary.

Athlete agents. Creates a 13-member Kentucky Athlete Agent Regulatory Commission. Assigns eight Kentucky university athletics directors (or his or her designee) to serve on the commission. Requires an athlete agent to register with the commission. Sets application fee and $100,000 surety bond requirement. Establishes list of prohibited acts by athlete agents, including rules regarding contact with student-athletes. Requires specific agent contract provisions. Establishes notice requirements for student-athletes and athlete agents upon entering into a contractual relationship. Imposes 70 hours of community service on student-athlete who fails to provide notice to his or her institution. Permits university or college to bring suit against athlete agent or student-athlete for any damages that result from the student-athlete's subsequent ineligibility. Imposes misdemeanor and felony penalties against athlete agents who violate certain provisions of the act. Sets misdemeanor criminal penalties for student-athletes who violate certain provisions of the act.

Status: 2/24/98 introduced. 2/25/98 to House Committee on Licensing and Occupations.

Sports officials. Allows for the imposition of additional fines and terms of imprisonment on a person convicted of assault of sports official. Requires a court to consider whether to prohibit a person convicted of assault on a sports official from attending or participating for a period not to exceed three years, in sports events which will be officiated by sports officials.

Status: 2/13/98 introduced. To House Committee on Judiciary.

Tickets. Prohibits a seller, reseller or broker of tickets from selling or reselling a ticket for an entertainment or sporting event at a cost that exceeds 10 percent of the face amount of the ticket. Limits the amount of the service fee or other charges associated with tickets that are provided to the public at no charge. Establishes other disclosure requirements aimed at benefiting consumers who purchase tickets.

Status: 2/13/98 introduced. To House Committee on Economic Matters.

Athlete agents. Permits an institution of higher education to recover $10,000 or the actual damages incurred, whichever is higher, when a person provides a student-athlete, prospective student-athlete or an immediate family member of the athlete with an improper gift or service that results in an injury to the institution.

Status: 1/28/98 introduced. 3/4/98 reported with substitute by House Committee on College and Universities.

Tickets. Prohibits any person, firm or corporation from selling tickets to any public sporting or entertainment event in excess of the price printed on the ticket. Imposes criminal misdemeanor penalties on violators of the act.

Status: 2/17/98 introduced. 2/24/98 to House Committee on Consumer Protection.

Athletic trainers. Amends the Athletic Training Practice Act. Allows athletic trainers who become licensed under the bill's provisions to use the title "licensed athletic trainer." Sets educational requirements necessary in order to obtain a license. Requires that all applicants complete an examination administered by the National Athletic Trainers' Association Board of Certification, or equivalent examination approved by the board. Provides for the licensure of an athletic trainer who has been practicing athletic training for five years or more in the state (prior to the effective date of the act); who is licensed under the previous state regulations; or who is licensed as an athletic trainer in another state.

Status: 2/26/98 introduced. To Senate Committee on Commerce.

Course grades disclosure. Requires institutions of higher education to notify parents and guardians of a dependent student's course grades when the parents or guardians contribute at least one-half of the tuition and other expenses imposed by an institution.

Status: 2/23/98 introduced. To Assembly Committee on Higher Education.

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

Status: 2/10/98 introduced. To Senate Committee on Corporations.

South Dakota H. 1299 (Author: Schaunaman)

Athletic trainers. Grants a temporary permit, valid for 180 days, to an athletic trainer who has completed the educational 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. 2/10/98 passed as amended by House. 2/19/98 passed Senate.

Athletic trainers. Requests the Board of Health Professions to conduct a study on whether the practice of athletic trainers should be regulated.

Status: 1/26/98 introduced. 2/13/98 passed Senate. To House.

Virginia SJR 176 (Author: Ticer)

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. 2/13/98 passed Senate. To House.

Virginia S. 550 (Author: Woods)

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 Training Association or as a sports certified specialist by the America Board of Physical Therapy Specialties.

Status: 1/26/98 introduced. 2/16/98 passed as amended by Senate. To House.