National Collegiate Athletic Association |
The NCAA News - News and FeaturesJune 1, 1998
State legislation relating to student-athletesThis report summarizes legislation currently pending before state legislatures that could affect or is of interest to staff of intercollegiate athletics programs and student-athletes. Set forth below is a list of nine bills from seven states. The report includes five bills that have been introduced and four pending bills where legislative action has occurred since the publication of the May 18, 1998, issue of The NCAA News. All newly introduced bills are marked with an asterisk (bullet). The State Legislation Report is based largely on data provided by the Information for Public Affairs online state legislation system as of May 18, 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 Anabolic steroids -- 1 Athlete agents -- 3 Athletics scholarships -- 1 Athletic trainers -- 1 Drug testing/high school -- 1 Gender equity -- 1 Liability -- 1 Since the last report, five state legislatures (Alaska, Colorado, Delaware, Hawaii and Missouri) have adjourned for the year. Seventeen legislatures remain in session. Six states will not conduct a 1998 legislative session. 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 the drug test be used only 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. 5/8/98 passed as amended by House. To Senate for concurrence. Delaware H. 567 (Author: Ulbrich) Athletic trainers. Rewrites the qualifications for licensure and reciprocity governing the practice of physical therapy and athletic training. Requires applicants for licensure as athletic trainers to graduate from an accredited athletic training program. Enables the Board to license those individuals who did not graduate from an accredited program but who have a college degree, successfully completed the internship process through the National Athletic Trainers Association Board of Certification (NATA BOC), and have been approved to take the national examination by NATA BOC prior to July 1, 2004. Status: 4/8/98 introduced. 5/12/98 passed House. To Senate.
Athlete agents. Amends existing state athlete agent law to prohibit an agent from providing improper gifts to student-athletes and prospective student-athletes. Adds a provision that makes it a misdemeanor criminal offense, punishable by a fine and/or not more than one year imprisonment, for an athlete agent to willfully trespass by entering or remaining on the property of an institution of higher education without permission. Status: 5/14/98 introduced. To House Committee on Colleges and Universities.
Athlete agents. Adds the crime of trespass by an athlete agent upon property of an institution of higher education to the list of property related offenses in the Michigan penal code. Status: 5/14/98 introduced. To House Committee on Colleges and Universities.
Athletics scholarships. Requests the commission on higher education to recognize that athletics tuition waivers, like current tuition waiver programs, are available to both citizens of the United States and citizens of any foreign country. Asks that budget and revenue calculations reflect this reality beginning with appropriations made for fiscal year 1999. Status: 5/2/98 introduced. 5/3/98 passed Senate. 5/4/98 passed House.
Gender equity. Urges the Congress of the United States to amend Title IX to ensure that no federally funded educational institution is penalized if it retains men's athletics programs. Requests Congress to amend the existing law despite any conflict such action creates with certain federal guidelines established pursuant to Title IX. Status: 5/14/98 introduced. To House Committee on Education. New York S. 6879 (Author: Wright) Anabolic steroids. Extends the expiration date, until June 1, 2000, of provisions authorizing the commissioner of health to reclassify anabolic steroids. Status: 4/8/98 introduced. 5/5/98 reported out of the Senate Committee on Health.
Liability. Amends current law that bars a claimant from recovery for damages arising out of the voluntary participation in competitive athletics based on the legal theories of contributory negligence and/or assumption of risk. Permits a claimant to recover damages arising from participation in competitive athletics but requires the amount of damages recovered to be diminished by the proportion which the culpable conduct attributable to the claimant relates to the culpable conduct which caused the damages. Status: A. 10158: 3/31/98 introduced. To Assembly Committee on Codes. S. 7172: 4/22/98 introduced. To Senate Committee on Codes. Pennsylvania S.R. 113 (Author: Conti) Athlete agents. Urges the U.S. Congress to enact legislation prohibiting sports agents from influencing college athletes. Requires copies of the resolution be forwarded to members of the Pennsylvania congressional delegation. Status: 1/26/98 introduced. 3/30/98 passed Senate. 5/5/98 reported as committed by House Committee on Intergovernmental Affairs. |