National Collegiate Athletic Association |
The NCAA News - News and FeaturesThe NCAA News -- December 20, 1999 State legislation relating to intercollegiate athletics This report highlights state legislation enacted in 1999 and summarizes key provisions of each bill that could affect or is of interest to staff of intercollegiate athletics programs and student-athletes. The report details 22 bills that were enacted in 15 states. In addition, one resolution adopted by the California legislature also is featured. All legislation set forth in this report previously appeared in columns published by The NCAA News during the past year. This report is based largely on data provided by the Information for Public Affairs online state legislation system as of December 1, 1999. The bills selected for inclusion in this report were drawn from a larger pool of measures and therefore do not necessarily represent all of the bills that would be of interest to individual NCAA 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 supplied by Information for Public Affairs and is providing this report as a service to its members. For further information regarding a particular bill, members should contact the state legislature concerned.
Index for 1999 Subject -- Number of Bills/Resolutions Athlete agents.. -- 5 Athletics scholarships -- 1 Athletic trainers. -- .10 Gambling -- 2 High-school extracurricular/home school -- 1 Sports officials. -- 1 Student fees -- 1 Tax/student employment -- 1 Tickets -- 1 Athlete agents Arizona H. 2005 (Author: Kyle) Regulates athlete-agent conduct. Lists unlawful acts. Requires athlete agents to provide notice to an athlete's institution upon entering into a verbal or written agent contract before 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 an athlete's institution to recover damages arising from an athlete agent's misconduct. Arkansas S. 429 (Author: Malone) 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 agent contract. 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. Louisiana H. 1864 (Author: Daniel) Amends existing athlete-agent law. Includes all licensed attorneys, who engage in any of the practices described in the existing law, under the definition of athlete agent. 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 of 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's office if the secretary learns that any of the listed athlete agents conducted business in the state without being registered. Allows an institution to bring suit against an athlete, the athlete's agent, and any other connected parties whose actions violate the act and result in the institution being sanctioned by a national athletics association. 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. Oregon H. 3628 (Author: Gianella) Regulates athlete agents. Requires an athlete agent to obtain a permit from the Department of Education before conducting business. Establishes a permit and an 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 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 into 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 or for failure to provide notice after entering into an agent contract. Provides for misdemeanor penalties against an athlete agent who conducts business in the state without an agent permit. Washington H. 1251 (Author: Miloscia) Repeals the existing state athlete-agent law (Wash. Rev. Code Ann §§ 18.175.010 -- 18.175.080). Athletics scholarships/taxes Oregon H. 3497 (Author: Lundquist) Provides an exclusion from taxable income (for state income tax purposes) on amounts received from a scholarship award that is used for housing expenses while attending an institution of higher education. Athletic trainers Florida H. 699 (Author: Committee on Health Care Licensing) Amends existing regulations governing athletic trainers. Revises definitions. Replaces the Council of Athletic Training with the 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. Minnesota H. 413 (Author: Mulder) 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. Nebraska L. 178 (Author: Jensen) Provides for a temporary license to practice as an athletic trainer. Amends definitions related to athletic trainers. Nevada S. 357 (Author: Weiner) 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. Oregon H. 2704 (Author: Krumel) 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 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. Rhode Island H. 5900 (Author: Hensler) Redefines the term "athletic trainer" under the existing regulatory act. Prohibits an athletic trainer from representing himself or herself as any other classification of healthcare professional governed by a separate and distinct practice act. Texas S. 1233 (Authors: Nelson) Defines the terms "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. Virginia H. 2367/ H. 2547/ S. 1191 (Authors: Rust/Crittenden/Houck) Requires athletic trainers to be certified by the Board of Medicine. Authorizes the Board to establish criteria for certification. Creates an Advisory Board of Athletic Training to assist the Board of Medicine in formulating its requirements for the certification of athletic trainers and developing standards of professional conduct. Gambling/research and Internet gambling California ACR 92 (Author: Papan) Expresses the legislature's support for conducting a gambling prevalence survey to be undertaken in 1999. Directs that the study include 6,000 to 7,000 interviews with residents 18 years or older and be designed to detect differences in subgroups in the population at greatest risk for gambling problems. States that $500,000 to $750,000 be used to fund the survey. Illinois S. 4 (Author: Klem) 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.
High-school extracurricular/ Arizona H. 2129 (Author: Brimhall) 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. Sports officials Oregon S. 482 (Author: Trow) 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 has been subjected to offensive physical contact. Student fees Texas S. 149 (Author: Harris) Allows the board of regents of the University of Texas at Arlington to impose 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. Taxes/student employment New Jersey A. 2906 (Author Luongo) Directs the New Jersey Department of the Treasury to modify the social security coverage agreement between the state and the federal government. Excludes from coverage under the Social Security Act students who perform employment services for public schools, colleges and universities. Tickets Ohio S. 52 (Author: Carnes) Permits a township to regulate, by license or otherwise, the resale of tickets to theatrical, sporting or other public amusement events. Allows a township to establish a fine not to exceed $100 for violations of ticket resale regulations.
Enacted legislation by stateArizona Athlete agents AZ H. 2005 High-school extracurricular/home school AZ H. 2129 Arkansas Athlete agents AR S. 429 -- -- California Gambling research CA ACR 92 (concurrent resolution) -- -- Florida Athletic trainers FL H. 699 -- Illinois Internet gambling IL S. 4 -- -- -- Louisiana Athlete agents LA H. 1864 -- -- Minnesota Athletic trainers MN H. 413 Nebraska Athletic trainers NE L. 178 New Jersey Taxes/student employment NJ A 2906 Nevada Athletic trainers NV S. 357 Ohio Tickets OH S. 52 Oregon Athletic trainers OR H. 2704 Athletics scholarships OR H 3497 Athlete agents OR H. 3628 Sports officials OR S. 482 Rhode Island Athletic trainers RI H. 6625 Texas Athletic trainers TX S. 1233 Student fees TX S. 149 Virginia Athletic trainers H. 2367 H. 2547 S. 1191 Washington Athlete agents H. 1251 (repealing existing act) |