The NCAA News - News and Features

The NCAA News -- February 15, 1999

State legislation relating to student-athletes

This 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 39 bills from 21 states. All the bills listed in the report have been introduced in state legislatures since the beginning of 1999. 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 January 27, 1999. 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 5

Athletics facilities 1

Athletic trainers 4

Fund-raising 1

High-school extracurricular/

academic standards 1

High-school extracurricular/

home school 3

Gambling 4

Gender equity 3

Sports officials 12

Student fees 1

Tickets 4

*Arizona H 2005 (Author: Kyle)

Athlete agents. Regulates athlete-agent conduct. Lists unlawful acts. Requires athlete agents to provide notice to the athlete's institution upon entering into a verbal or written agent contract prior to the expiration of the athlete's intercollegiate athletics eligibility. Imposes Class I misdemeanor penalties against an athlete agent who engages in contact with an athlete in violation of the act. Provides a civil cause of action for the athlete's institution to recover damages as a result of an athlete agent's misconduct.

Status: 1/11/99 introduced. 1/19/99 passed as amended by House.

*Arizona H 2129 (Author: Brimhall)

High-school extracurricular/home-school students. Provides home-school students with the opportunity to participate in interscholastic activities at the public school in the district in which student resides. Authorizes the state board of education to adopt further participation rules for home-school students.

Status: 1/11/99 introduced. 1/18/99 referred to House Committee on Rules. Additionally referred to House Committee on Education.

*Connecticut H 5700 (Author: Kerensky)

Sports officials. Increases penalties for attacks on sports officials by fans and participants.

Status: 1/20/99 introduced. Referred to Joint Committee on Judiciary.

*Connecticut S 68 (Author: Peters)

Sports officials. Imposes an enhanced penalty of aggravated assault on any person who assaults a sports official in the performance of his or her duties.

Status: 1/08/99 introduced. Referred to Joint Committee on Judiciary.

*Connecticut S 458 (Author: Cappiello)

Sports officials. Provides for increased penalties for the assault of a sports official during a contest. Imposes a fine of not more than $10,000 and/or imprisonment of not more than three years.

Status: 1/20/99 introduced. Referred to Joint Committee on Judiciary.

*Georgia H 265 (Author: Watson)

Sports officials. States that any person who commits a simple assault, simple battery or battery against a sports official during or immediately after the officiating of an amateur contest is subject to criminal misdemeanor penalties of a high and aggravated nature.

Status: 1/27/1999 introduced. Referred to House Committee on Special Judiciary.

*Hawaii H 306 (Author: Takai)

Tickets. Prevents individuals from selling or reselling tickets at a greater price than the price charged at the place of admission or printed on the ticket. Imposes misdemeanor penalties on those who violate the act.

Status: 1/22/99 introduced. 1/26/99 referred to House Committee on Judiciary and Hawaiian Affairs.

*Hawaii H 312 (Author: Takai)

Sports officials. Exempts sports officials working amateur or professional athletics contests from any civil action for damages to a player, participant or spectator as a result of any acts or omissions arising out of the official's officiating duties and activities. Adds the crime of causing bodily injury to a sports official to the list of offenses classified as assault in the second degree.

Status: 1/22/99 introduced. 1/26/99 referred to House Committee on Labor and Public Employment.

*Illinois S 4 (Author: Klem)

Internet gambling. Amends the Criminal Code of 1961 to add Internet gambling to the list of prohibited gambling activities. Imposes misdemeanor or felony criminal penalties on those who participate in Internet gambling.

Status: 1/14/99 introduced. Referred to Senate Committee on Rules.

*Indiana H 1134/H 1484 (Author: Denbo/Harris)

Internet gambling. Amends state law to include a prohibition against Internet gambling. Provides for Class B misdemeanor penalties to be assessed against anyone who engages in gambling through the Internet. Imposes Class D felony penalties on those who provide gambling over the Internet. Requires an interactive computer service to block access to a site used to transmit or receive gambling information in violation of state law.

Status: H. 1134: 1/6/99 introduced. Referred to House Committee on Public Policy, Ethics and Veterans Affairs. H. 1484: 1/19/99 introduced. Referred to House Committee on Policy, Ethics and Veterans.

*Indiana H 1239 (Author: Crooks)

Fund-raising. Increases the maximum income tax credit for contributions by individuals to Indiana colleges from $100 to $200 for single returns and from $200 to $400 for joint returns.

Status: 1/11/99 introduced. Referred to House Committee on Ways and Means.

*Indiana H 1545 (Author: Klinker)

Athlete agents. Regulates sports agents. Requires a person acting as a sports agent to hold a permit issued by the Secretary of State. Sets a $250 permit fee and requires sports agents to post a $15,000 surety bond. Requires the sports agents and student-athletes to contact the athletics department of the university within 72 hours after the signing of an athlete-agent contract. Establishes a list of prohibited acts by athlete agents, including rules regarding contact with student-athletes. Permits the student-athlete's institution to seek a civil action against a sports agent or a student-athlete for damages resulting from an action or omission in violation of the act. Imposes criminal penalties (misdemeanor and criminal) on athlete agents who violate certain provisions of the act.

Status: 1/19/99 introduced. Referred to House Committee on Public Health.

*Massachusetts H 202 (Author: Scaccia)

Sports officials. Makes it a crime to assault a sports officials within the confines or immediate vicinity of the athletics facility. Sets penalties of not more than 2 1/2 years of imprisonment or a fine not exceeding $10,000.

Status: 1/6/99 introduced. Referred to Joint Committee on Criminal Justice.

*Massachusetts H 285 (Author: Scaccia)

Sports officials. Protects sports officials from civil liability for injuries or damages claimed to have arisen by virtue of acts or accidents related to their officiating duties. Excludes liability protection for officials who cause injury or damage to a person or entity as a result of intentional, willful, wanton, reckless, malicious or grossly negligent behavior.

Status: 1/6/99 introduced. Referred to Joint Committee on Judiciary.

*Massachusetts S 1055 (Author: Tisei)

Gender equity. Establishes gender-equity guidelines for the use of prime ice time at ice rinks. Applies to any organization that makes an ice rink available to the public, including a state higher education institution. Provides that an arena may not deny the request for prime ice time from a group of an underrepresented gender, if the arena provides more prime ice time to groups of the other gender. Increases prime ice time for underrepresented gender groups to 15 percent in 1999-2000, 30 percent in 2000-01, and 50 percent in 2001-02.

Status: 1/6/99 introduced. Referred to Joint Committee on Natural Resources and Agriculture.

*Minnesota H 146 (Author: Kahn)

Tickets. Repeals the crime of ticket scalping.

Status: 1/14/99 introduced. Referred to House Committee on Crime Prevention.

*Mississippi H 375 (Author: Warren)

Sports officials. Amends the state code to include referees at sporting events in the enhanced penalty provisions for simple and aggravated assault.

Status: 1/5/99 introduced. Referred to House Committee on Judiciary.

*Mississippi S 2222 (Author: Jordan)

Sports officials. Includes sports officials among those persons who trigger enhanced penalties in cases where they are victims of simple or aggravated assault.

Status: 1/5/99 introduced. Referred to Senate Committee on Judiciary.

*Mississippi S 2378 (Author: McInnis)

Sports officials. Prohibits any person from physically assaulting any sports official within the confines or immediate vicinity of the athletics facility. Imposes a $10,000 fine and/or imprisonment not to exceed three years.

Status: 1/7/99 introduced. Referred to Senate Committee on Judiciary.

*Mississippi S 2379 (Author: Ross)

Sports officials. Protects sports officials from any liability in a civil action for injuries or damages during the performance of the officials' duties within the confines of the athletics facility.

Status: 1/7/99 introduced. Referred to Senate Committee on Judiciary.

*Missouri S 113 (Author: Wiggins)

Athletic trainers. Includes registered athletic trainers under the Good Samaritan law that limits civil liability when assisting at the scene of an emergency or accident.

Status: 1/6/99 introduced. 1/14/99 referred to Senate Committee on Public Health and Welfare.

*Montana H 43 (Author: Pavlovich)

Gambling. Abolishes the requirement that a seller of sports tab games must be licensed. Requires all sellers of sports tab games to be registered with the state Department of Justice to aid in the monitoring of the collection and submission of the sports tab tax.

Status: 1/4/99 introduced. Referred to House Committee on Business and Labor. 1/19/99 tabled.

*Nebraska L 178 (Author: Jensen)

Athletic trainers. Provides for the availability of a temporary license to practice athletics training as an athletic trainer. Amends definitions relating to athletic trainers.

Status: 1/8/99 introduced. 1/12/99 referred to Legislative Committee on Health and Human Services.

*Nebraska L 524 (Author: Hilgert)

Athlete agents. Requires athlete agents to obtain a certificate of registration from the Secretary of State. Establishes a $500 registration fee and requires the posting of a surety bond or proof of insurance. Limits contacts between athlete agent and student-athlete with remaining collegiate eligibility. Provides for the notification of the student-athlete's athletics director upon signing of an agent contract. Requires athlete agents to pay $500 when filing written notice of an agent contract signing with the Secretary of State. Imposes Class I misdemeanor penalties on athlete agents who are found guilty of certain prohibited acts. Imposes civil penalties against those athlete agents who violate other conduct provisions of the act. Permits an athlete or an institution to seek a civil cause of action for damages incurred due to the athlete agent's actions or omissions.

Status: 1/19/99 introduced. 1/21/99 referred to Legislative Committee on Judiciary.

*New Mexico S 31 (Author: Garcia)

Gender equity. Appropriates $300,000 to the board of regents of New Mexico State University for the purpose of increasing women's sports activities to comply with Title IX of the federal Education Amendments of 1972.

Status: 1/19/99 introduced. Referred to Senate Committee on Public Affairs. Additionally referred to Senate Committee on Finance.

*New York A 631 (Author: Sanders)

High-school extracurricular/home-school students. Provides home-school students, upon the written request of their parent or legal guardian, with access to extra curricular activities (including athletics) within their school districts.

Status: 1/6/99 introduced. To Assembly Committee on Education.

*New York A 908 (Author: Brodsky)

Athletics facilities. Creates a New York sports facilities authority, with jurisdiction over state investment in sports related capital projects. Allows the sports facilities authority to take action against any sports event, facility or franchise that receives state support.

Status: 1/6/99 introduced. Referred to Assembly committee on Tourism, Arts and Sports Development.

*New York A 983 (Author: Brodsky)

Athlete agents. Provides for the licensing and regulation of athlete agents. Requires athlete agents to register annually with the Secretary of State. Permits the Secretary of State to establish a surety bond amount not to exceed $100,000. Sets annual license fee of $200. Establishes a list of prohibited acts by athlete agents, including rules regarding contact with student-athletes. Imposes penalties of a fine of not less than $250 and/or imprisonment of not more than 15 days on any person who violates any provision of the act.

Status: 1/6/99 introduced. Referred to Assembly Committee on Economic Development, Job Creation, Commerce and Industry.

*New York S 651 (Author: Maziarz)

Sports officials. Amends penal law to include criminal offense of aggravated harassment of a sports official. Imposes a Class B misdemeanor on those who violate provisions of the act.

Status: 1/6/99 introduced. Referred to Senate Committee on Codes.

*New York S 918 (Author: Larkin)

Gambling. Prohibits using any communication system to knowingly provide access to gambling to minors under the age of 18. Establishes class E felony for violation of the act.

Status: 1/12/99 introduced. Referred to Senate Committee on Codes.

*New York S 1237 (Author: DeFrancisco)

Athlete agents. Requires athlete agents to register every two years with the Secretary of State. Sets surety bond requirement of $100,000. Requires athlete agents to provide notice to the student-athlete's athletics director upon the signing of an agent and/or financial services contract(s). Lists prohibited activities. Establishes civil penalties not to exceed $25,000 and sets criminal misdemeanor and felony penalties. Permits an institution or student-athlete that is adversely affected by the actions of an athlete agent, who violates the act, to seek civil damages and/or equitable relief.

Status: 1/19/99 introduced. Referred to Senate Committee on Consumer Protection.

*North Dakota H 1058 (Author: Bernstein)

Tickets. Prohibits individuals from selling or reselling tickets at a greater price than advertised or printed on the ticket. Imposes Class A misdemeanor penalties on violators of the act.

Status: 1/5/99 introduced. Referred to House Committee on Political Subdivisions.

*Ohio S 37 (Author: Watts)

High-school extracurricular/academic standards. Requires that the minimum grade-point average established as a condition for students to participate in interscholastic extracurricular activities be not less than 2.000 on a 4.000 scale.

Status: 1/26/99 introduced. Referred to Senate Committee on Reference.

*Ohio SCR 4 (Author: Blessing)

Gender equity. Urges the Congress of the United States to amend Title IX to ensure that no federally funded educational institution is financially sanctioned if it retains men's athletics programs despite the conflict such retention creates with certain federal guidelines established pursuant to Title IX.

Status: 1/26/99 introduced. Referred to Senate Committee on Reference.

*South Carolina S 52 (Author: Giese)

High-school extracurricular/home-school students. Provides home-school students with the opportunity to participate, under certain conditions, in interscholastic activities of the school district in which the student resides. Requires home-school students to meet the same eligibility, behavior and performance standards as all other students on the team or squad.

Status: 1/12/99 introduced. Referred to Senate Committee on Education.

*Texas S 149 (Author: Harris)

Student fees. Allows the board of regents of the University of Texas at Arlington to impose a mandatory intercollegiate athletics fees. Limits the amount of the fee imposed on each student to no more than $7.75 per semester credit hour for each semester. Permits a 5 percent increase in the fee only when a majority of students participating in a general student election approve the measure.

Status: 1/13/99 introduced.

*Virginia H 2367/ H 2547/ S 1191 (Authors: Rust/Crittenden/Houck)

Athletic trainers. Requires athletic trainers to be certified by the Board of Medicine. Authorizes the Board to establish criteria for certification. Creates an Advisory Board of Athletic Training to assist the Board of Medicine in formulating its requirements for the certification of athletic trainers and developing standards of professional conduct.

Status: H 2367/H. 2547: 1/21/99 introduced. Referred to Committee on Health, Welfare and Institutions. S. 1191: 1/21/99 introduced. To Committee on General Laws.

*West Virginia H 2054 (Author: Frederick)

Tickets. Allows certain retired veterans of the state, 65 years old or older, to receive free admission to high-school, college or university sporting events. States that admission is conditioned on seat availability.

Status: 1/13/99 introduced. Referred to House Committee on Veterans' Affairs.

*Wyoming H 166 (Author: Wasserburger)

Athletic trainers. Provides for the licensure of athletic trainers. Creates the State Board of Athletic Training. Authorizes Board to promulgate rules for continuing education requirements, professional conduct, professional licensure, and ethical standards of practice. Imposes criminal misdemeanor penalties for violation of the act.

Status: 1/15/99 introduced. 1/19/99 referred to House Committee on Corporations, Elections and Political Subdivisions.