The NCAA News - News and Features

The NCAA News -- June 21, 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 eight bills from six states. The report includes eight pending bills where legislative action has occurred since the publication of the June 7, 1999, NCAA News.

The State Legislation Report is based largely on data provided by the Information for Public Affairs online state legislation system as of June 3, 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

Athletic trainers -- 3

Gambling -- 1

Sports officials. -- 1

Athletics scholarships/Taxes -- .1

Tickets -- 1

One bill has become law since the last report. In Nevada, a bill was enacted that provides for the licensure of athletic trainers and athletic trainer interns.

Since the last report, eight state legislatures (Alaska, Kansas, Mississippi, Nebraska, Nevada, Oklahoma, Tennessee and Texas) have adjourned for the year. Eighteen state legislatures remain in session. One state legislature (Kentucky) will not conduct a legislative session in 1999.

-- --

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, 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. 5/28/99 to governor.

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 violate the Internet gambling prohibition.

Status: 1/14/99 introduced. 2/26/99 passed as amended by Senate. 4/29/99 passed House. 5/28/99 to governor.

Louisiana H 37 (Author: Dewitt)

Sports officials. Amends existing law to limit civil liability, under circumstances, for any action or omission by a sports team official (coach, manager or athletic trainer) regardless of whether the sports team official receives compensation.

Status: 3/29/99 introduced. 5/24/99 passed as amended by House. 5/26/99 to Senate Committee on Judiciary A.

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. Sets annual registration fee of $100. 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 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. 5/24/99 passed as amended by Senate. To House for concurrence.

Louisiana HCR 84 (Author: DeWitt)

Tickets. Urges the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College 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: 3/31/99 introduced. Passed House. 5/27/99 reported favorably by Senate Committee on Education.

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. 5/15/99 passed Assembly. 5/25/99 signed by governor.

Oregon H 3497 (Author Lundquist)

Athletics scholarships/taxes. Provides for a subtraction from taxable income (for state income tax purposes) on amounts received from a scholarship award that is used for housing expenses while attending a institution of higher education.

Status: 3/24/99 introduced. 5/6/99 passed House. 5/26/99 passed Senate.

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. 5/26/99 passed House.