National Collegiate Athletic Association |
The NCAA News - News and FeaturesJune 15, 1998
State legislation relating to college athleticsThis 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 11 bills from seven states. The report includes five bills that have been introduced and six pending bills where legislative action has occurred since the publication of the June 2, 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 June 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 Anabolic steroids -- 1 Athlete agents -- 2 Athletic trainers -- 1 Gender equity -- 1 High-school activities/drug testing -- 1 High-school activities/home school -- 2 High-school activities/injuries -- 1 Liability -- 1 Sports officials -- 1 Three bills have been enacted since the last report. In Alaska, the governor signed into law legislation that adds amateur sports officials to the list of those exempt from coverage under the state unemployment tax. In Arizona, legislation was adopted that limits liability for baseball teams and baseball facility owners. In Maryland, the existing athlete agent law was amended to expand the definition of "local athlete" to include any person who is or was a member of a high-school team in the state. Since the last report, four state legislatures (Arizona, Illinois, Kansas and Oklahoma) have adjourned for the year. Thirteen legislatures remain in session. Six states will not conduct a 1998 legislative session. Alaska H. 484 (Author: Committee on Labor and Commerce) Sports officials. Adds amateur sports officials to the list of those exempt from coverage under the state unemployment tax, pursuant to the Alaska Employment Security Act. 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: 4/9/98 introduced. 4/24/98 passed House. 4/30/98 passed Senate. 5/29/98 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 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. 5/8/98 passed as amended by House. 5/19/98 Senate concurred in House amendments. 5/20/98 to governor. 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. 5/4/98 passed as amended by House. 5/19/98 Senate concurred in House amendments. 5/26/98 signed by governor. California S. 1646 (Author: Ayala) High-school extracurricular/injuries. Requires the State Department of Education, in conjunction with the University of California at Los Angeles, to conduct a representative sampling of pupil injuries in high-school athletics events over a period of three school years, commencing with 2000-01. 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 athletic injuries; and the development of an athletics safety plan. Authorizes that the program costs not exceed $75,000. Status: 2/13/98 introduced. 5/21/98 passed as amended by Senate. 5/28/98 to Assembly Committee on Education. 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 a member of high-school team in the state. Eliminates the provision that requires a "local athlete" to reside in the state. Status: 1/16/98 introduced. 3/23/98 passed as amended by House. 4/8/98 passed Senate. 5/21/98 signed by governor.
Gender equity. Prohibits state colleges and the University of Massachusetts from eliminating an athletics program or reducing the level of services or number of athletics scholarships solely to affect the overall ratio of male to female athletic participation at the institution. Requires institutions to establish policies to ensure that elimination or reductions in sports programs do not occur in the future. Status: 5/28/98 introduced. To House Committee on Ways and Means.
Athletic trainers. Amends the Athletic Training Practice Act and requires that athletic trainers be licensed according to the new provisions. Permits athletic trainers who become licensed under the new provisions to use the title "licensed athletic trainer." Requires applicants for licensure to demonstrate proof of completion of a program of baccalaureate education and training that includes, but is not limited to, courses in human anatomy, human physiology, kinesiology/biomechanics, health, exercise physiology. Allows a person who is currently registered as an athletic trainer to become licensed, without satisfying the curriculum and examination requirements, by making a timely renewal application to the board. Status: 5/28/98 introduced. To Assembly on Committee on Education.
Rules/Defrancisco) Athlete agents. Creates the "registration of athlete agents act" to regulate activities of athlete agents. Exempts a licensed financial services advisor from the provisions of the act only if the advisor does not recruit or solicit a student-athlete to enter into an agent contract and does not offer to obtain employment for the student-athlete with a professional sports team. Requires an athlete agent to register with the secretary of state before contacting any student-athlete. Sets renewal of registration every two years from the date of issuance. Provides that all registration and renewal applications shall be public records. Establishes a surety bond requirement of $100,000 as a precondition to registration. Sets certain requirements related to athlete agent contracts. Identifies prohibited athlete agent acts. Imposes civil penalties (not to exceed $25,000) and/or criminal penalties (class E felony) for those who violate the act. Provides for an institution of higher education or a student-athlete that is adversely affected by an athlete agent's activities to bring a civil suit for damages. Status: A. 10988: 5/20/98 introduced. To Assembly Committee on Economic Development, Job Creation, Commerce and Industry. S. 6719: 3/30/98 introduced. To Senate Committee on Consumer Protection. 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. 5/20/98 passed Senate. To Assembly Committee on Alcoholism and Drug Abuse.
High-school extracurricular/home school. Provides school districts with the option to permit home-school students in their districts to participate in extracurricular activities, including athletics. Requires the parent(s) of the home-school student to provide the board of education in their district with a written request to participate by June 1, preceding the start of the next academic year. Status: 5/19/98 introduced. To Senate Committee on Rules.
High-school extracurricular/home school. Provides school districts with the option to permit home-school students in their districts to participate in extracurricular activities, including athletics. Requires the parent(s) of the home-school student to provide the board of education in their district with a written request to participate by August 1, preceding the start of the next academic year. Status: 5/26/98 introduced. To Senate Committee on Rules. |