The NCAA News - News and Features

April 6, 1998

State legislation relating to student-athletes

This report summarizes legislation currently pending before state legislatures that could affect or is of interest to staff members of intercollegiate athletics programs and student-athletes. Set forth below is a list of 15 bills from 10 states. The report includes seven bills that have been introduced and eight pending bills where legislative action has occurred since the publication of the March 16, 1998, issue of The NCAA News. All newly introduced bills 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 March 23, 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 -- 4

Course grades disclosure -- 1

Golf course membership -- 1

High-school coaches/

-- sports safety training -- 1

High-school extracurricular/

-- drug testing -- 1

High-school extracurricular/

-- home school -- 1

National Student-Athlete Day -- 1

Two bills have become law since the last report. In Alabama, additional provisions were added to the existing state athlete-agent law. In South Dakota, the governor signed into law legislation that grants a temporary permit to an athletic trainer who has completed the state's educational requirements.

The legislatures in 10 states (Georgia, Idaho, Indiana, New Mexico, South Dakota, Utah, Virginia, Washington, West Virginia and Wyoming) have adjourned for the year. Thirty-five state legislatures remain in session. Five states will not conduct 1998 legislative session.

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. 3/6/98 signed by governor.

*Arizona S. 1372 (Author: Bee)

High-school extracurricular/drug testing. Permits school districts to adopt drug-testing guidelines for high-school students who participate in interscholastic athletics. Requires that the drug test only be used to detect illegal drug use and not medical conditions. Allows for the release of drug-test results to school personnel and the parent or guardian of the student.

Status: 2/2/98 introduced. 3/9/98 passed as amended by Senate. To House.

Iowa S. 2269 (Author: Committee on State Government)

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. 3/12/98 passed Senate. To House. 3/19/98 reported favorably by House Committee on State Government.

Kentucky H. 703 (Author: DeWeese)

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. 3/10/98 passed as amended by House. To Senate.

Michigan H. 5511 (Author: Profit)

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. 3/11/98 passed as amended by House. To Senate.

*Michigan H. 5629 (Author: Willard)

High-school extracurricular/coaches' sports safety training. Requires public school coaches to be certified in sport safety training. Permits the successful completion of sport safety training course offered by the Red Cross or the successful completion of an approved equivalent course to satisfy the safety training requirement.

Status: 3/4/98 introduced. To House Committee on Education.

*Michigan S. 995 (Author: Bouchard)

Athletic facilities. Permits entertainment forums (including facilities that are used for athletics events) to use reasonable force to detain, remove or eject a person from the entertainment forum when there is reasonable grounds to believe that such person has violated the terms of his or her license for admission.

Status: 3/4/98 introduced. To Senate Committee on Local, Urban and State Affairs.

*New York A. 9558 (Author: Sanders)

High-school extracurricular/home school. Permits home-instructed students to participate in all extracurricular activities, including athletics, in the school district in which they reside.

Status: 3/3/98 introduced. To Assembly Committee on Education.

New York A. 7084 (Author: McEneny)

Golf course membership. Prohibits any golf course from restricting the use of its facilities on the basis of gender during the period of time when the premises are open to use. Allows access to be restricted based upon membership categories that are not related to gender. Defines "golf course" as any person, firm, corporation, partnership, unincorporated association or other business enterprise offering facilities actively devoted to golf.

Status: 5/19/97 introduced. 7/22/98 passed Assembly. 1/7/98 returned to Assembly. To Assembly Committee on Rules. 3/23/98 passed as amended by Assembly. To Senate.

*New York S. 6362 (Author: Larkin)

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: 3/3/98 introduced. To Senate Committee on Higher Education.

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. 3/5/98 signed by governor.

*Tennessee SJR 482 (Author: Womack)

National Student-Athlete Day. Recognizes April 6, 1998, as National Student-Athlete Day.

Status: 2/19/98 introduced. 3/5/98 passed Senate. To House. 3/12/98 to House Committee on Education.

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. 3/6/98 passed House.

Virginia SJR 122 (Author: Houck)

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. 3/12/98 passed House.

*West Virginia H. 4668 (Author: Harrison)

Athlete agents. Relates to unlawful actions by athlete agents. Prohibits an athlete agent from entering into a written or oral contract or giving anything of value to a student-athlete or his or her immediate family before the student-athlete's college eligibility expires or before the student-athlete declares himself or herself eligible for a professional sports draft. Imposes misdemeanor criminal penalties including fines and/or imprisonment of not more than one year.

Status: 2/27/98 introduced. To House Committee on Judiciary.