The NCAA News - News and Features

The NCAA News -- May 24, 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 16 bills from 12 states. The report includes two bills that have been recently introduced and 14 pending bills where legislative action has occurred since the publication of the May 10, 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 May 12, 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 -- 1

Athletics facilities -- 1

Athletics program discontinuation. -- 1

Athletics scholarships -- 1

Athletic trainers -- 2

Code for licensed apparel -- 1

Gender equity -- 1

High-school extracurricular/

home school -- 2

Internet gambling -- 2

Regulation of intercollegiate athletics. -- 1

Sports officials -- 1

Student fees -- 1

Tickets -- 1

One bill has become law since the last report. In Arizona, a bill was enacted that permits a home-school student to try out for interscholastic activities at the public school in the district in which the student resides.

Since the last report, eight state legislatures (Arizona, Arkansas, Colorado, Florida, Hawaii, Iowa, Indiana and Washington) have adjourned for the year. Twenty-nine 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. 4/22/99 reported favorably as amended by Senate Committee on Education.

Arizona H 2129 (Author: Brimhall)

High-school extracurricular/ home-school students. Provides home-school students with the opportunity to try out for interscholastic activities at the public school in the district in which student resides. Requires home-school participation standards to be consistent with those established for other 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. 4/26/99 signed by governor.

California S 338 (Author: Wright C)

Athletics program discontinuation. Requires a private or public four-year institution of higher education to provide notice of a proposed discontinuation of any intercollegiate athletics team to the student body and to all persons offered admission in the academic year in which the proposed discontinuation is to occur. Provides for notice also to be published in a newspaper of general circulation serving the community in which the college or university is located.

Status: 2/9/99 introduced. 5/6/99 passed as amended by Senate. To Assembly.

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. 4/26/99 passed Senate.

Illinois H 448 (Author: Johnson T)

Sports officials. Amends state statute to add a battery against 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. Directs court to impose a minimum fine of $1,000 for a first offense and $2,000 for a second or subsequent offense.

Status: 2/2/99 introduced. 3/9/99 passed House. 5/7/99 passed as amended by Senate. To House for concurrence.

Illinois S 4 (Author: Klem)

Internet gambling. Amends the Criminal Code of 1961 to prohibit the act of establishing, maintaining or operating an Internet site for gambling purposes. Imposes misdemeanor or felony criminal penalties on those who the Internet gambling prohibition.

Status: 1/14/99 introduced. 2/26/99 passed as amended by Senate. 4/29/99 passed House.

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 that signed agent contracts 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 not exceeding $10,000 or misdemeanor criminal penalties, or both, on a person found in violation.

Status: 3/29/99 introduced. 4/15/99 passed as amended by House. 5/6/99 reported favorably as amended by Senate Committee on Commerce and Consumer Protection.