The State Legislation Report is based largely on data provided by the Information for Public Affairs online state legislation system as of April 6, 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 - 6

Athletic trainers - 4

Gender equity - 1

Liability - 1

Sports officials - 2

Tax/gender equity - 1

Two bills have become law since the last report. In Kentucky, additional provisions (including an agent-registration requirement) were added to the existing state athlete-agent law. In Utah, the governor signed into law legislation that creates 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.

Since the last report, the Mississippi state legislature has adjourned for the year. Thirty-four state legislatures remain in session. Five states will not conduct a 1998 legislative session.

Sports officials. Adds amateur sports officials to the list of those exempt from state unemployment tax. States that the legislation will become null and void unless the U.S. Congress amends the Federal Unemployment Tax Act (26 U.S.C. 3300-3311) on or before December 31, 1999.

Status: 3/30/98 introduced. To Senate Committee on Labor and Commerce.

Arizona H. 2002 (Author: Kyle)

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. To Senate. 3/26/98 passed as amended by Senate Committee on Education. 3/31/98 passed Senate Committee on Rules.

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. 3/24/98 passed as amended by Senate. To House.

Athlete agents. Deregulates athlete agents by repealing all provisions of the existing Florida athlete-agent statute.

Status: 3/30/98 introduced.

Athletic trainers. Requests the Department of Health to provide administrative support for the temporary, voluntary athletic trainers commission to examine the advantages and disadvantages of separate state regulation of certified athletic trainers and to review the impact of allowing certified athletic trainers to act as third-party billers for services under the Prepaid Health Care Act and the Worker's Compensation Law.

Status: HRC 133: 3/20/98 introduced. 4/1/98 passed House Committee on Health. To House Committee on Labor and Public Employment. SCR 158: 3/20/98 introduced.

Gender equity. Requests, in part, that the Hawaii High School Athletics Association consider the impact of Title IX issues on high-school athletics tournaments.

Status: 3/20/98 introduced. 3/27/98 To House Committee on Education.

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. 3/30/98 passed House.

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. 3/25/98 passed as amended by Senate. 3/31/98 House concurred in Senate amendments. 4/1/98 to governor.

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. 3/26/98 passed as amended by Senate. 3/31/98 House concurred in Senate amendments. 4/2/98 signed by governor.

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 a high-school team in the state. Eliminates the provision that requires that a "local athlete" reside in the state.

Status: 1/16/98 introduced. 3/23/98 passed as amended by House. 3/24/98 to Senate Committee on Finance.

Athlete agents. Regulates athlete-agent practices. Requires athlete agents to register every two years with the secretary of state's office. Excludes from the provisions of the act any licensed or registered financial professional (e.g., broker-dealer, investment advisor for securities, and insurance agent) who enters into a contract to provide financial services to a student-athlete and does not recruit or solicit the student-athlete to enter into an agent contract. Establishes that each athlete agent must post and maintain a $100,000 surety bond as a condition to registration or renewal. Sets specific guidelines that govern valid athlete-agent contracts. Requires athlete agents to provide the athletics director with notice of the signing of an agent or financial contract within one business day of execution. Establishes a list of prohibited athlete agent activities. Imposes a class E felony on any athlete agent who violates any of the prohibited acts. Sets a civil penalty, not to exceed $25,000, that may be assessed against an athlete agent who violates any provision of the act. Permits an institution of higher education or a student-athlete to sue an athlete agent as a result of the agent's actions in violation of the act.

Status: 3/30/98 introduced. To Senate Committee on Consumer Protection.

Pennsylvania S.R. 113 (Author: Conti)

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

Status: 1/26/98 introduced.3/30/98 passed Senate.

Utah S. 34 (Author Hillyard)

Tax/gender equity. Creates 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. 3/10/98 passed House. 3/21/98 signed by governor.

Vermont H. 359 (Author: Vinton)

Athletic trainers. Provides for the certification of athletic trainers. Imposes misdemeanor criminal penalties and/or a fine of not more than $1,000 for those who refer to themselves as "certified athletic trainer" but are not certified in accordance with the act. Authorizes the secretary of state to appoint two athletic trainers for three-year terms to serve as advisors in matters relating to athletic training. Defines unprofessional conduct standards and states that any such action will result in a denial or revocation of certification.

Status: 2/19/97 introduced. 3/31/98 passed House. 4/2/98 reported favorably by Senate Committee on Government Operations. To Senate Committee on Finance.