The NCAA News - News and Features

The NCAA News -- May 10, 1999

State legislation relating to college 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 15 bills from nine states. The report includes four bills that have been recently introduced and 11 pending bills where legislative action has occurred since the publication of the April 26, 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 April 22, 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 4

Athletics scholarships 1

Athletic trainers 4

High-school extracurricular/

home school 2

Student fees 1

Tickets 3

Three bills have become law since the last report. In Arizona, a bill regulating athlete agents was enacted. In Arkansas, the governor signed into law legislation that amends the existing athlete-agent law. In Minnesota, a bill was adopted that provides for changes to the licensing and registration requirements for athletic trainers.

Since the last report, four state legislatures (Georgia, Maryland, Montana and North Dakota) have adjourned for the year. Thirty-eight state legislatures remain in session. One state legislature (Kentucky) will not conduct a legislative session in 1999.

*Alabama S 215 (Author: Smitherman)

High-school extracurricular/academic standards. Requires students in grades 7-12 to achieve a grade of 70 or higher in each subject in order to participate in any school-sponsored extracurricular activity for the ensuing six-week grading period. Permits students who do not meet minimum academic requirements to attend practice sessions while remaining ineligible to compete in the extracurricular activity. Authorizes the State Department of Education to adopt regulations for the act including sanctions against coaches or staff who knowingly violate the act.

Status: 4/6/99 introduced. Referred to Senate Committee on Education.

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. 4/15/99 passed Senate. 4/22/99 signed by governor.

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 the student resides. Authorizes the state board of education to adopt participation rules for home-school students.

Status: 1/11/99 introduced. 2/10/99 passed House. 3/25/99 passed as amended by Senate. 4/20/99 House concurred in Senate amendments.

Arkansas S 429 (Author: Malone)

Athlete agents. Amends existing athlete-agent law. Includes Arkansas attorneys under the definition of athlete agent. Imposes Class D felony penalties on athlete agents who conduct business without an active license issued by the Secretary of State. Increases registration fee from $100 to $500. Requires the athlete-agent license to be displayed in each office from which the agent conducts business. Requires the athlete agent and the student-athlete to contact the athletics department of the university within 72 hours after the signing of an athlete-agent agreement. Expands the list of prohibited acts, including limitations on athlete-agent contact with student-athletes. Permits an institution that is adversely affected by the actions or omissions of an athlete agent to seek civil damages and/or equitable relief.

Status: 2/10/99 introduced. 3/22/99 passed as amended by Senate. 4/5/99 passed House. 4/7/99 signed by governor.

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: 3/2/99 introduced. 4/15/99 passed as amended by House. 4/16/99 referred to Senate Committee on Health, Aging and Long-Term Care.

Louisiana H 1290 (Author: Faucheux)

Tickets. Repeals provision prohibiting the sale of admission tickets to athletics contests for more than the stated price on the ticket.

Status: 3/29/99 introduced. 4/20/99 reported favorably by House Committee on Commerce.

Louisiana H 1864 (Author: Daniel)

Athlete agents. Amends existing athlete-agent law. Includes under the definition of athlete agent all licensed attorneys who engage in any of the practices described in the existing law. Adds to the list of registration requirements the certification of agents by the appropriate professional players association. Requires agent contracts to contain specific language warning athletes of the loss of eligibility and the need to provide notice of the contract signing to the athletics director or president of the educational institution.

Imposes a fine of not more than $10,000 or imprisonment for not more than one year, or both, on athlete agents who fail to provide the athlete's institution with notice of the signing of an agent contract. Deletes all exemptions for attorneys licensed in the state, except for payment of registration fees. Requires the secretary of state to compile annually a list of athletes who were drafted from educational institutions in the state and to contact the appropriate players association to determine which agents represent those athletes.

Instructs the secretary of state to contact the appropriate district attorney when the secretary learns of any of the identified athlete agents conducting business in the state without completing the registration process. Allows an institution to bring suit against an athlete, the athlete's agent and any other connected parties if an athlete loses his eligibility to participate in sports. Prohibits athlete agents from offering an athlete anything of value in excess of $500 and imposes a fine and misdemeanor criminal penalties on a person found in violation.

Status: 3/29/99 introduced. 4/15/99 passed as amended by House. 4/16/99 referred to Senate Committee on Commerce and Consumer Protection.

*Louisiana HR 19/HCR 84 (Authors: DeWitt/DeWitt)

Tickets. Urges the Board of Supervisors of Louisiana State University to reconsider a change in its season-ticket policy for football, basketball and baseball that prohibits the continued issuance of season tickets to a person other than the original account holder.

Status: HR 19: 3/31/99 introduced. Passed House. HCR 84: 3/31/99 introduced. Passed House. To Senate.

Louisiana S 682 (Author: Dardenne)

Athletics scholarships. Authorizes an institution of higher education to bill a professional team for the cost of the student's athletics scholarship when a student is employed by a professional team prior to graduation. Makes an exception for those students who fail to graduate but whose eligibility has expired. Requires that each athletics scholarship be conditioned by an agreement that the primary purpose of the scholarship is to provide the student with an educational benefit that is realized only upon graduation. Provides that the athletics benefit provided to any professional team is gratuitous unless the team impairs the primary benefit.

Status: 3/29/99 introduced. 4/13/99 reported as amended by to Senate Committee on Education.

*Michigan H 4453 (Author: Hale)

Athlete agents. Prescribes certain standards in contracts between athletes and athlete agents. Requires athlete agent to furnish disclosure statement to the athlete containing the agent's criminal, client, business, employment and educational background. Provides for all agent contracts to be written in the language that the athlete speaks fluently and, if the athlete speaks more than one language, the language of the athlete's choice. Lists required elements that must be contained in an agent contract. Permits athlete to conduct an audit of the books or records of the athlete agent related to the athlete. Allows the athlete to cancel the agent contract not more than three business days after the date of execution. Establishes a misdemeanor criminal offense punishable by up to 90 days of imprisonment, a fine not exceeding $50,000, or both, for intentionally making a false statement or a material omission designed to deceive or persuade an athlete to sign an agent contract. Provides for treble damages in a civil action brought to void an agent contract as a result of the agent's willful violation of the act.

Status: 4/13/99 introduced. Referred to House Committee on Family and Civil Law.

Minnesota H 413 (Author: Mulder)

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

Status: 2/1/99 introduced. 2/19/99 passed House. 3/29/99 passed Senate. 4/12/99 signed by governor.

Nevada S 357 (Author: Weiner)

Athletic trainers. Provides for the licensure of athletic trainers and athletic trainer interns. Creates the board of athletic trainers. Authorizes board to promulgate rules for continuing-education requirements, professional conduct and licensure. Imposes criminal misdemeanor penalties for violations of the act.

Status: 3/10/99 introduced. 4/19/99 passed as amended by Senate. 4/20/99 referred to Assembly Committee on Commerce and Labor.

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. 4/15/99 passed as substituted by Senate. 4/19/99 referred to House Committee on Higher Education.

Texas S 1233 (Authors: Nelson)

Athletic trainers. Defines athletic trainers and athletic training. Includes language exempting certain athletic trainers from the scope of the act. Adds the provision of services outside the scope of athletic training to the list of practices that may result in the suspension or revocation of an athletic trainer's license.

Status: 3/11/99 introduced. 4/8/99 passed Senate. 4/12/99 referred to House Committee on Public Health.