The NCAA News - News and Features

The NCAA News -- July 5, 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 seven bills from four states. The legislation appearing in this report consists of bills where legislative action has occurred since the publication of the June 21, 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 21, 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

Sports officials -- 1

Student fees -- 1

Tickets -- 1

Four bills have become law since the last report. In Florida, a bill was enacted that amends existing regulations governing athletic trainers. In Louisiana, legislation was adopted that makes changes to the state's existing athlete agent law. In Texas, two bills were enacted. The legislature approved legislation that relates to mandatory intercollegiate athletic fees imposed by institutions and the regulation of athletic trainers.

Since the last report, three state legislatures (Alabama, Connecticut and Maine) have adjourned for the year. Sixteen 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. 6/11/99 signed by governor.

Louisiana H 37 (Author: Dewitt)

Sports officials. Amends existing law that provides volunteer sports officials (coaches, managers, and trainers) with limited immunity from civil liability to include those officials who receive monetary compensation.

Status: 3/29/99 introduced. 5/24/99 passed as amended by House. 6/11/99 passed as amended by Senate. To House for concurrence.

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. Allows any municipality or local political subdivision to enact ordinances restricting or prohibiting the resale of tickets within a certain proximity of the location of the event.

Status: 3/29/99 introduced. 6/8/99 passed as amended by House. 6/9/99 referred to Senate Committee on Commerce and Consumer Protection.

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. 6/2/99 House concurred in Senate amendments. 6/11/99 signed by governor.

Oregon H 2704 (Author: Krumel)

Athletic trainers. Provides for the licensure of athletic trainers. Creates the state board of athletic trainers. Requires registration of athletic trainers. Provides for certain exceptions to registration. Authorizes board to promulgate rules for continuing education requirements, licensure and fees, and professional standards of practice and conduct. Imposes civil penalty of not more than $1,000 for violations of the act.

Status: 3/9/99 introduced. 5/19/99 passed as amended by House. 6/7/99 passed Senate.

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 when approved by a majority vote of the students participating in a general student election. Limits the amount of the fee imposed on each student to no more than $7.75 per semester credit hour for each semester. Permits an 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. 5/19/99 passed House. 6/18/99 signed by governor.

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. 6/18/99 signed by governor.