The NCAA News - News and Features

The NCAA News -- March 15, 1999

State legislation relating to intercollegiate athletics

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 23 bills from 15 states. The report includes 14 bills that have been recently introduced and nine pending bills where legislative action has occurred since the publication of the March 1, 1999, NCAA News. 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 February 25, 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

Academic standards. 1

Alcoholic beverages 1

Athlete agents. 2

Athletics scholarships. 1

Athletic trainers .7

Financial aid. 1

Gambling. 3

High-school extracurricular/home school. 1

Sports officials 2

Tickets 4

One bill has become law since the last report. In Nebraska, legislation was adopted that provides for a temporary license to practice as an athletic trainer.

*Florida H 699 (Author: Committee on Health Care Licensing)

Athletic trainers. Amends existing regulations governing athletic trainers. Revises definitions. Replaces the Council of Athletic Training with Board of Athletic Training. Establishes procedures for the appointment of board members. Authorizes board to assist the Department of Health in developing rules related to licensure regulations, the licensure examination, continuing education requirements and fees. Transfers certain duties from the department to the board.

Status: 2/10/99 prefiled. 2/18/99 referred to House Interim Committee on Business Regulation and Consumer Affairs.

Georgia H 265 (Author: Watson)

Sports officials. Provides 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: 1/27/99 introduced. 2/3/99 passed as amended by House. Referred to Senate. 2/15/99 reported favorably by Senate Committee on Special Judiciary.

Georgia H 331 (Author: Powell)

Tickets. Establishes a general prohibition for anyone, other than a ticket broker, to sell or resell tickets for athletics contests at a price in excess of the price printed on the ticket. Permits original purchaser to resell tickets for any price, provided the person does not sell or offer to sell more than four tickets on the property where the contest is held. Exempts charitable organizations that offer tickets of admission in a raffle, auction or similar fund-raising activity.

Status: 1/29/99 introduced. 2/10/99 passed as amended by House. 2/11/99 referred to Senate Committee on Consumer Affairs.

Illinois H 448 (Author: Johnson T)

Sports officials. Amends state statute to add the commission of battery on a sports official within an athletics facility or within the immediate vicinity of the athletics contest to the list of offenses classified as aggravated battery. Provides for Class 4 felony penalties.

Status: 2/2/99 introduced. Referred to House Committee on Rules. 2/3/99 referred to House Committee on Judiciary II -- Criminal Law. 2/11/99 passed House Committee on Judiciary II -- Criminal Law.

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. 1/27/99 referred to Senate Committee on Executive. 2/18/99 passed Senate Committee on Executive.

*Maryland H 742 (Author: Menes)

Alcoholic beverages. Prohibits "off-sale" retail licensees from delivering alcoholic beverages to student residential facilities on college campuses.

Status: 2/12/99 introduced. Referred to House Committee on Economic Matters.

Minnesota H 413 (Author: Mulder)

Athletic trainers. Amends licensing and registration requirements for athletic trainers. Makes changes to the regulations governing the issuance of temporary permits to athletic trainers. Sets new registration fees.

Status: 2/1/99 introduced. 2/18/99 passed House. 2/22/
99 referred to Senate Committee on Health and Family Security.

*Minnesota H 679/S 153 (Authors: Jaros/Solon)

Gambling. Permits retail establishments licensed to sell alcoholic beverages to operate football boards on the licensed premises. Defines football boards as games where individuals can enter, for a fee, a pool with other participants and can win by most accurately selecting the winning teams of football games in a particular week's schedule. States that the operation of football boards are not prohibited under other gambling related sections of the state code.

Status: H 679: 2/11/99 introduced. Referred to the House Committee on Commerce. S 153: 1/19/99 introduced. Referred to Senate Committee on Commerce.

Nebraska L 178 (Author: Jensen)

Athletic trainers. Provides for a temporary license to practice as an athletic trainer. Amends definitions relating to athletic trainers.

Status: 1/8/99 introduced. 2/12/99 passed legislature. 2/17/99 signed by governor.

*New Hampshire H 582 (Author: Rosen)

Athletics scholarships. Prohibits the state university system of New Hampshire from using state appropriations to fund athletics scholarships beginning in the 1999-00 academic year. Permits the subsidization of athletics by private individuals or organizations.

Status: 1/28/99 introduced. Referred to House Committee on Education.

*New Mexico H 620 (Author: Miera)

Tickets. Amends statute to expand prohibition of ticket scalping from college athletics events to all events.

Status: 2/11/99 introduced. Referred to House Committee on Judiciary.

*Oregon H 2728 (Author: Deckert)

Tickets. Limits fees charged by ticket sellers to entertainment and sporting events in facilities whose construction or maintenance is or was financed with public funds.

Status: 2/23/99 introduced.

*Tennessee H 1182/S 515 (Authors: Buck/Cohen)

Athlete agents. Amends existing athlete-agent law by exempting Tennessee licensed attorneys from the statute's registration provisions.

Status: H 1182: 2/18/99 introduced. S 515: 2/11/99 introduced. 2/17/99 referred to Senate Committee on Commerce, Labor and Agriculture.

*Texas H 1439 (Author: Wilson)

Academic standards. Requires the governing board of an institution of higher education to adopt a written policy relating to students who participate in its intercollegiate athletics program. Establishes content guidelines for inclusion in the written policy including the provision of the institution's minimum grade-point standards, graduation rates, and other performance measures. Requires the Texas Higher Education Coordinating Board to set other minimum standards for the development of the institution's policy. Authorizes the board to assess each institution's compliance with the statute's and the board's minimum standards. Provides for a two-year suspension from participation in intercollegiate athletics upon an institution's failure to comply with certain provisions of the act.

Status: 2/15/99 introduced. 2/17/99 referred to House Committee on Higher Education.

*Texas H 1445 (Author: Wilson)

Financial aid. Permits the governing board of a public or private institution of higher education to establish the Texas Intercollegiate Athlete Grant Program to provide grants to student-athletes. Provides qualifying student-athletes with a grant not to exceed $200 a month. Requires that not less than 5 percent or more than 10 percent of the institution's total receipts from athletics activities be set aside for grants awarded to students under this program. States that a grant under this act shall not be considered in determining whether the student is entitled to other athletics scholarship aid.

Status: 2/15/99 introduced. 2/17/99 to House Committee on Higher Education.

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. 2/5/99 passed House. 2/12/99 passed Senate. S 1191: 1/21/99 introduced. 2/8/99 passed Senate. 2/22/99 passed House.

*Washington H 2194 (Author: Wensman)

Athletic trainers. Regulates the practice of athletic training. Requires certification from the Secretary of Health. Establishes the requirements necessary for certification, including the successful completion of an approved examination. Authorizes the secretary to establish standards and procedures for approval of educational programs in athletic training. Provides for the secretary to establish credentialing, examination and renewal fees.

Status: 2/17/99 introduced. 2/18/99 referred to House Committee on Commerce and Labor.

*West Virginia S 641 (Author: McCabe)

Tickets. Prohibits a person from selling or reselling tickets at a price in excess of the price advertised, stated on the ticket, or the price fixed for admission, including tax and a reasonable service charge. Adds ticket scalping to the list of unfair or deceptive acts or practices subject to state consumer protection laws. Imposes misdemeanor penalties on first and second time offenders. Imposes felony penalties for subsequent violations.

Status: 2/23/99 introduced. Referred to Senate Committee on Judiciary.

*Wisconsin A 129 (Author: Lehman)

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. Permits a school board to provide transportation for home-school students in connection with any extracurricular activity. Allows the school board to charge the persons transported for the cost of providing such service.

Status: 2/16/99 introduced. Referred to Assembly Committee on Education Reform.