The NCAA News - News and Features

The NCAA News -- August 16, 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 10 bills from six states. The report includes one bill that has been recently introduced and nine pending bills where legislative action has occurred since the publication of the July 5, 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 August 2, 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 scholarships/taxes 1

Athletic trainers 4

Internet gambling 1

Sports officials 1

Tickets 2

Five bills have become law since the last report. In Illinois, legislation was adopted that prohibits any person from establishing, maintaining or operating an Internet site for gambling purposes. In Oregon, three bills were enacted. The legislature approved legislation related to the regulation of athletic trainers, the tax treatment of scholarship awards, and the protection of sports officials. In Rhode Island, a bill was passed that amends the regulations pertaining to athletic trainers.

Since the last report, five state legislatures (Delaware, Louisiana, North Carolina, Oregon and South Carolina) have adjourned for the year. Ten state legislatures remain in regular session. One state legislature (Kentucky) will not conduct a legislative session in 1999.

Illinois S 4 (Author: Klem)

Internet gambling. Amends the Criminal Code of 1961 to prohibit a person from 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. 7/23/99 signed by governor.

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 that prohibits the continued issuance of season tickets (for football, basketball and baseball) to a person other than the original account holder.

Status: 3/31/99 introduced. Passed House. 6/18/99 passed Senate.

New Jersey S 770 (Author: Sinagra)

Athletic trainers. Amends the Athletic Training Practice Act. Allows athletic trainers who become licensed under the bill's provisions to use the title "licensed athletic trainer." Requires that all applicants complete an examination administered by the National Athletic Trainers' Association Board of Certification, or equivalent examination approved by the board. Provides for other technical changes to the existing Act.

Status: 2/26/98 introduced. 7/1/99 passed as amended by Senate.

Ohio S 52 (Author: Carnes)

Tickets. Permits a township to regulate, by license or otherwise, the resale of tickets to theatrical, sporting or other public amusements.

Status: 2/4/99 introduced. 4/28/99 passed Senate. 6/30/99 passed as amended by House. 6/30/99 Senate concurred in House amendments.

Oregon H 2704 (Author: Krumel)

Athletic trainers. Provides for the registration of athletic trainers. Establishes professional requirements necessary for obtaining registration. Creates the state board of athletic trainers. Allows for certain limited exceptions to registration. Authorizes the board to promulgate rules for continuing education requirements, licensure and fees, and professional standards of practice and conduct. Imposes civil penalties, pursuant to ORS 183.090, against persons who violate the Act.

Status: 3/9/99 introduced. 5/19/99 passed as amended by House. 6/7/99 passed Senate. 7/15/99 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. 7/16/99 signed by governor.

Oregon H 3628 (Author: Gianella)

Athlete agents. Regulates athlete agents. Requires an athlete agent to obtain a permit from the Department of Education before conducting business. Establishes a permit and annual renewal fee of $250. Prohibits an athlete agent from, directly or indirectly, offering or providing money or anything of benefit or value to a student-athlete. Limits written and in-person contact between an athlete agent and a student-athlete or his/her relatives, except under certain circumstances. Requires an athlete agent and a student-athlete to provide written notice to the administrator of the student-athlete's educational institution upon entering any agent, endorsement or professional sports services contract. Requires specific notice and warning language in each agent, endorsement or professional sports services contract. Provides an educational institution with a cause of action for damages or equitable relief against any athlete agent or student who violates the provisions of the Act. Imposes felony penalties against an athlete agent for offering anything of benefit or value to a student-athlete and misdemeanor penalties against an athlete agent who conducts business in the state without an agent permit.

Status: 5/11/99 introduced. 6/18/99 passed as amended by House. 7/23/99 passed Senate.

Oregon S 482 (Author: Trow)

Sports officials. Allows for a sports official to receive liquidated damages in an amount not less than $500 but not more than $1,000 in any action in which the sports official establishes that he/she has been subjected to offensive physical contact.

Status: 2/5/99 introduced. 5/12/99 passed Senate. 6/14/99 passed as amended by House. 6/18/99 Senate concurred in House amendments. 7/19/99 signed by governor.

Rhode Island H 5900 (Author: Hensler)

Athletic trainers. Redefines the term "athletic trainer" under the existing regulatory act. Prohibits an athletic trainer from representing himself or herself as any other classification of health-care professional governed by a separate and distinct practice act.

Status: 2/2/99 introduced. 5/5/99 passed as amended by House. 6/25/99 passed as amended by Senate. 6/25/99 House concurred in Senate amendments. 7/6/99 signed by governor.