NCAA News Archive - 2000

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State legislation relating to intercollegiate athletics


Mar 13, 2000 2:51:53 PM


The NCAA News

This report summarizes legislation currently pending before state legislatures that could affect or is of interest to staff members of intercollegiate athletics programs and student-athletes. Set forth below is a list of 21 bills from 13 states. The report includes 13 bills that have been recently introduced and eight pending bills where legislative action has occurred since the publication of the February 28, 2000, 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 February 24, 2000. 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.. .3

Athletics events/bowl game 2

Athletics facilities .3

Athletic trainers .3

Gambling 2

Gender equity. 1

Sports officials. .2

Tickets ..5

Arizona H 2383 (Author: Gardner)

Sports officials. Adds intentionally, knowingly, or recklessly causing any physical injury to a sports official to the list of crimes classified as assaults.

Status: 1/10/2000 introduced. 2/16/2000 passed as amended by House. 2/21/2000 referred to Senate Committee on Judiciary. Additionally referred to Senate Committee on Rules.

*California A 2179 (Author: Wesson)

Internet gambling. Prohibits any person from conducting, operating or offering certain online gambling games or from knowingly soliciting or facilitating another person who is physically located in the state to play or bet on online gambling games. Establishes misdemeanor criminal penalties for violators. Imposes a fine, not to exceed $100 per transaction, on a person who plays or bets on any prohibited online gambling game for money. Exempts advertisements not specifically directed toward residents of the state and which contain adequate disclosure of the illegality of the online gambling games.

Status: 2/23/2000 introduced.

*Connecticut S 15 (Author: Joint Committee on Education)

Tickets. Prohibits the University of Connecticut from requiring a person to join a club or make a donation to the university or a foundation in order to purchase season tickets to the games of a university athletics team.

Status: 2/9/2000 introduced. Referred to Joint Committee on Education.

Georgia H 265 (Author: Watson)

Sports officials. States that any person who commits a simple battery or battery against a sports official during or immediately after the officiating of an amateur contest is subject to criminal misdemeanor penalties of a high and aggravated nature.

Status: 1/27/1999 introduced. 2/3/99 passed as amended by House. 2/4/2000 passed as amended by Senate. 2/16/2000 House concurred in Senate amendments.

Georgia H 331 (Author: Powell)

Tickets. Establishes a general prohibition for anyone other than a ticket broker to sell or resell tickets to athletics contests at a price in excess of the price printed on the ticket. Permits original purchaser to resell tickets for any price, provided the person does not sell or offer to sell such tickets on the property where the contest is held. Exempts charitable organizations that offer tickets of admission in a raffle, auction or similar fund-raising activity. Sets criminal penalties.

Status: 1/29/99 introduced. 2/10/99 passed House. 2/1/2000 passed as amended by Senate. 2/8/2000 House concurred in Senate amendments.

Georgia H 1323 (Author: Hugley)

Athlete agents. Amends existing athlete-agent statute. Provides for additional grounds for refusing to register or for disciplining an athlete agent. Prohibits contact with the student-athlete before the completion of the athlete's last intercollegiate contest, unless contact is initiated by the student-athlete or his or her parent or guardian. Requires an athlete agent to send a copy of any written materials sent to a student-athlete to the athletics director of the institution of higher education in which the athlete is enrolled. Provides for the inclusion of language in agent contracts that warns the student-athlete of the loss of athletics eligibility and alerts the student-athlete of his or her right to cancel the contract. Permits the student-athlete's institution to bring a civil action, under certain circumstances, against an athlete agent for recovery of damages.

Status: 2/3/2000 introduced. 2/16/2000 passed as amended by House. 2/17/2000 referred to Senate Committee on Special Judiciary.

*Indiana SCR 32/SCR 42
(Authors: Riegsecker/Riegsecker)

Athletics events/bowl game. Endorses the process for Indianapolis to obtain an NCAA Division I-A postseason football bowl game.

Status: SCR 32: 2/8/2000 introduced. Referred to Senate Committee on Planning and Economic Development. SCR 42: 2/17/2000 introduced. 2/22/2000 reported favorably by Senate Committee on Planning and Economic Development.

Indiana S 401 (Author: Server)

Athletic trainers. Removes the athletic trainer residency requirement. Exempts certain nonresident athletic trainers from licensure. Provides an exemption for student or intern trainers. Prohibits a person who is not a licensed athletic trainer from practicing athletic training or using certain terms to indicate the person is an athletic trainer. Permits the use of the title "student athletic trainer" by a student enrolled in high school or an institution of higher education while assisting an athletic trainer during school athletics activities. Establishes that a person who knowingly violates the athletic trainer statute commits a Class B misdemeanor.

Status: 1/10/2000 introduced. 2/7/2000 passed as amended by Senate. 2/10/2000 reported favorably by the House Committee on Public Policy, Ethics and Veteran Affairs.

New Mexico H 435 (Taylor)

Athletics facilities. Authorizes the issuance of New Mexico Finance Authority Revenue Bonds for athletics facilities, not to exceed $18 million. Provides for proceeds from the bonds to be directed to the University of New Mexico, New Mexico State University, Western New Mexico, New Mexico Highlands University and Eastern New Mexico University for specific improvement and renovation projects of athletics facilities.

Status: 2/1/2000 introduced. 2/16/2000 passed as amended by House.

*New York A 908/S 6628 (Authors: Brodsky/Stavisky)

Athletics facilities. Creates a New York sports facilities authority. Provides the authority's board with the responsibility of administering state investment in sports related capital projects and expanding opportunities across New York state for sports events, facilities and franchises.

Status: A 908: 1/6/2000 introduced. Referred to Assembly Committee on Tourism, Arts and Sports Development. S 6628: 2/17/2000 introduced. Referred to Senate Committee on Finance.

*Oklahoma S 1214 (Author: Morgan)

Gender equity/tickets. Exempts admission tickets to events of the Oklahoma State System of Higher Education from sales tax. Requires that an amount equivalent to the sales tax be collected and used for the purposes of promoting gender equity pursuant to the provisions of Title IX.

Status: 2/7/2000 introduced. 2/8/2000 referred to Senate Committee on Finance.

*Oklahoma S 1310 (Author: Snyder)

Tickets. Prohibits the resale for profit of two or more tickets to an athletics contest or other public entertainment event. Imposes a fine not exceeding $5,000 or 10 times the value of each ticket involved, or 90 days of imprisonment, or both.

Status: 2/7/2000 introduced. Referred to Senate Committee on Appropriations.

*Rhode Island S 2530 (Author: Bates)

Athletic trainers. Amends the provisions regarding the clinical experience required to obtain an athletic trainer license. Requires clinical experience in accordance with national standards and as approved by the director.

Status: 2/9/2000 introduced. Referred to Senate Committee on Corporations.

*Rhode Island S 2713 (Author: Coderre)

Athlete agents. Provides for a new law regulating athlete agents. Requires annual registration with the office of higher education. Exempts a licensed attorney in the state from registering under the act. Sets professional liability insurance requirement of no less than $1 million. Establishes that a copy of the agent contract must be filed with the athletics director at the student-athlete's institution before the contract is signed by the student-athlete. Limits agent contact only with student-athletes who have completed their collegiate eligibility. Allows agents to provide information to eligible student-athletes only after having provided the same information to the athletics director at the student-athlete's institution. Provides a list of prohibited acts. Permits the student-athlete's institution to bring a civil action against an athlete agent for damages. Allows for the assessment of a civil penalty of not more than $10,000 against an agent who violates the act. Imposes criminal misdemeanor penalties of imprisonment for not more than one year or a fine of not more than $500, or both.

Status: 2/10/2000 introduced. Referred to Senate Committee on Corporations.

South Dakota H 1110 (Author: Hunt)

Internet gambling. Prohibits anyone engaged in a gambling business from using the Internet to place a bet or wager. Prohibits anyone from establishing a location or Web site in the state to conduct a gambling business on or over the Internet. Imposes class six felony penalties on violators. Exempts South Dakota State Lottery from the prohibition.

Status: 1/18/2000 introduced. 2/8/2000 passed House. 2/15/2000 passed Senate.

Utah S 113 (Author: Valentine)

Athletic trainers. Amends statute to include certain athletic trainers in the category of persons who may engage in their profession without a license. Specifies that in order for an athletic trainer to qualify for this exemption he or she must: (1) be certified by the National Athletic Trainers' Association; (2) be employed with an educational institution, a professional sports organization or an amateur sports organization; and (3) provide athletic training to athletes of the educational institution or sports organization to which the person is employed and such services are within the scope of the individual's certification.

Status: 01/18/2000 introduced. 02/01/2000 passed as amended by Senate. 2/17/2000 passed House.

*West Virginia S 494/ S 496 (Authors: McCabe/Sprouse)

Tickets. Creates the criminal offense of selling tickets at a price greater than the price fixed for admission. Adds ticket scalping to the list of unfair or deceptive acts or practices subject to state consumer protection laws.

Status: S 494: 2/15/2000 introduced. Referred to Senate Committee on Judiciary. S 496: 2/15/2000 introduced. Referred to Senate Committee on Judiciary.

*Wisconsin S 386 (Author: Grobschmidt)

Athlete agents. Provides for a new law regulating athlete agents. Models legislation after the latest draft of the National Conference of Commissioners on Uniform State Laws proposed "Uniform Athlete-Agent Act." Requires an athlete agent to register with the state Department of Agriculture Trade and Consumer Protection. Provides for reciprocal registration allowing the department to register an individual that has been registered in another state, with comparable statutory requirements, as an athlete agent. Establishes certain requirements related to agent contracts. Requires the student-athlete and the athlete agent to notify the athlete's head coach or athletics director upon entering into an agent contract. Provides a list of prohibited acts. Grants department with subpoena power to conduct investigations of alleged violations. Allows a student-athlete and/or an educational institution to bring a civil action against an athlete agent for damages. Imposes a penalty of not more than $25,000 and/or imprisonment of not more than one year against violators. Requires the department to establish and update a list, available to the public, of athlete agents registered under the act.

Status: 2/16/2000 introduced. Referred to Senate Committee on Economic Development, Housing and Governmental Operations.


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