The NCAA News - News and Features

The NCAA News -- January 18, 1999

State legislation relating to college athletics

This report highlights state legislation enacted in 1998 and summarizes key provisions of each bill that could affect or is of interest to staff of intercollegiate athletics programs and student-athletes. The report details 16 bills that were enacted in 15 states. In addition, three resolutions also were adopted by legislatures in three states. All legislation set forth in this report previously appeared in columns published by The NCAA News during the past year.

This report is based largely on data provided by the Information for Public Affairs online state legislation system as of December 9, 1998. The bills selected for inclusion in this report were drawn from a larger pool of measures and therefore do not necessarily represent all of the bills that would be of interest to individual NCAA 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.

Indices for 1998

Enacted State Legislation

Subject Number of Bills/Resolutions

Academic standards 1

Anabolic steroids 1

Athlete agents 5

Athletics facilities 1

Athletics scholarships 1

Athletic trainers 5

High-school extracurricular/injuries 1

Liability 1

Sports officials 2

Tax/gender equity 1

Academic standards

Pennsylvania HR 306 (Author: McIlhattan) -- House Resolution

Urges the NCAA to work with the National Association of State Boards of Education to formulate appropriate academic standards for participation in postsecondary athletics that recognize state and local district requirements and make accommodations for learning-disabled students.

Anabolic steroids

New York S. 6879 (Author: Wright)

Extends the expiration date, until June 1, 2000, of provisions authorizing the commissioner of health to reclassify anabolic steroids.

Athlete agents

Alabama H. 197 (Author: Allen)

Amends existing athlete agent law. Creates "student-athlete" definition and further defines "athlete agent" term. Expands the list of prohibited acts that permit the Alabama Athlete Regulatory Commission to deny registration to 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 to bring a civil action (for actual 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.

Kentucky H. 703 (Author: DeWeese)

Repeals existing athlete agent law, Kentucky Revised Statutes (KRS) 518.080. Creates new sections of KRS Chapter 164 to require registration and regulation of athlete agents. Establishes a 13 member Kentucky Athlete Agent Regulatory Commission. Assigns eight Kentucky university athletics directors (or their designees) to serve on the Commission. Requires an athlete agent to register with the Commission. Sets application fee and $100,000 surety bond requirement. Establishes a 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 a 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.

Maryland H. 110 (Author: Rosenberg)

Amends the Maryland Sports Agent Act. Expands the definition of "local athlete" to include anyone who is or was member of high-school team in the state. Eliminates the provision that requires a "local athlete" to reside in the state.

Pennsylvania S. 425 (Author: Robbins)

Amends the Athletic and Sports section of the Pennsylvania Consolidated Statutes. Provides for the annual registration of athlete agents with the State Athletic Commission. Prohibits the registration of an athlete agent who has been convicted of certain crimes within 10 years of the date of application. Delineates unlawful actions by athlete agents. Requires a surety bond to be filed with the commission of not less than $20,000. Allows for the commission to impose a civil penalty of not more than $5,000 for each violation of the act. Provides the commission with injunctive relief to enjoin any person from committing any act in violation of the act.

Pennsylvania S.R. 113 (Author: Conti) -- Concurrent Resolution

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

Athletics facilities

Louisiana H. 44a (Author: Wilkerson)

Changes the name of Grambling State University's "Robinson Stadium" to "Eddie G. Robinson Stadium."

Athletics scholarships

New Mexico SJM 2 (Author: Robinson) -- Senate Joint Resolution

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.

Athletic trainers

Delaware H. 567 (Author: Ulbrich)

Rewrites the qualifications for licensure and reciprocity governing physical therapists and athletic trainers. 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 provided they 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.

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

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.

South Dakota H. 1299 (Author: Schaunaman)

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.

Vermont H. 359 (Author: Vinton)

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 a "certified athletic trainer" but are not certified in accordance with the act. Authorizes the secretary of state to appoint two athletic trainers for four-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.

Virginia S. 550 (Author: Woods)

Allows licensed physical therapists to provide services, without referral, to a student-athlete participating in a school or university-sponsored athletics activity. Requires that a physical therapist only be permitted to provide services to a student-athlete, without referral, when he or she has been certified as an athletic trainer by the National Athletic Training Association or as a sports certified specialist by the American Board of Physical Therapy Specialties.

High-school extracurricular / injuries

California S. 1646 (Author: Ayala)

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 recurrence 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.

Liability

Arizona S. 1399 (Author: Patterson)

Protects the owner of a baseball team or ballpark, including colleges and universities, from liability if a spectator is struck by a baseball, baseball bat, or other equipment used by players during a game. Provides for owner liability only when the owner purposely injures the spectator, does not provide sufficient protective seating or fails to maintain the ballpark in a reasonably safe condition.

Sports officials

Alaska H. 484 (Author: Committee on Labor and Commerce)

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.

Kentucky H. 90 (Author: Cave)

Creates a new chapter of the Kentucky state code making it a crime to assault a sports official. Establishes criminal penalties for violations of the Act; Class A misdemeanor for first offense and a Class D felony for a second or subsequent offense.

Tax/gender equity

Utah S. 34 (Author Hillyard)

Creates a sales tax exemption for amounts paid for admission to athletics events at certain institutions of higher education. Prescribes for state institutions of higher education that certain revenues be used annually for the purpose of complying with Title IX of the Education Amendments of 1972.