National Collegiate Athletic Association

The NCAA News - News & Features

June 17, 1996

State legislation relating to college athletics

This report summarizes legislation currently pending before state legislatures that could affect, or is otherwise of interest to, the intercollegiate athletics programs and student-athletes of NCAA member institutions. Set forth below is a list of five bills from five states. The report includes one bill that has been introduced and four pending bills on which action has been taken since the publication of the June 3, 1996, issue of The NCAA News. The newly introduced bill is marked with an asterisk (*). Pending bills identified in previous reports on which no further action has been taken do not appear in this report.

The State Legislation Report is based largely on data provided by the Information for Public Affairs on-line state legislation system as of June 3, 1996. 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 on-line 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 address the following subjects:

Subject - Number of Bills

Anabolic steroids - 1

Athlete agents - 1

Athletics facilities - 1

High-school extracurricular/home schooling - 1

Trainers - 1

Three bills have become law since the last report. In Alabama, legislation was passed that requires all capital budget requests -- including those for the renovation or construction of athletics facilities -- made by public higher education institutions to be prioritized and approved by the state legislature's Joint Fiscal Committee. In Colorado, the governor signed a bill that permits students, including those receiving home instruction, to participate in interscholastic athletics activities at another public school under certain circumstances. In Oklahoma, legislation was enacted that expands the definition of athletic trainers for the purpose of licensing regulations.

Since the last report, state legislatures in Kansas, Missouri and Oklahoma have adjourned. A total of 29 state legislatures have concluded their 1996 legislative sessions. Fifteen state legislatures are still in regular sessions. Six states did not convene a regular legislative session in 1996.

Alabama S. 432 (Author: Adams)

Athletics Facilities. Requires all capital budget requests, including those for the renovation or construction of athletics facilities, made by public higher education institutions to be prioritized and approved by the state legislature's Joint Fiscal Committee.

Status: 2/23/96 introduced. 5/7/96 passed as amended by Senate. 5/9/96 passed by House. 5/17/96 signed by governor.

California S. 1401 (Author: Ayala)

Athlete Agents. Transfers all powers, duties, and jurisdiction of the Labor Commissioner with respect to athlete agents and agent contracts to the State Athletic Commission. Revises the definition of athlete agent to include members of the State Bar of California. Provides a college or university with the right to bring a civil action to recover specified economic damages from any person who makes a payment to a student-athlete in exchange for an athlete agent contract. Creates a felony offense for athlete agents who provide items of value to student-athletes.

Status: 1/16/96 introduced. 5/30/96 passed Senate.

Colorado S. 207 (Author: Wells)

High-school extracurricular/home schooling. Permits home-school, public school and nonpublic school students to participate in extracurricular activities (including athletics) at another public school in the student's district of attendance or district of residence. Limits participation to only those students whose school or educational program does not offer the activity. Allows qualifying students to participate at a nonpublic school at the discretion of that school. Permits an activity fee to be charged for all participants.

Status: 2/28/96 introduced. 3/19/96 passed Senate. 4/23/96 passed as amended by House. 5/2/96 conference committee report adopted by House and Senate. 5/23/96 signed by governor.

Oklahoma H. 2065 (Author: Cox)

Athletic trainers. Expands the definition of "athletic trainer" for the purpose of licensing regulations.

Status: 2/5/96 introduced. 3/5/96 passed House. 4/8/96 passed as amended by Senate. 4/10/96 House refused to concur with Senate amendments. 4/17/96 to conference committee. 5/7/96 House adopted conference committee report. 5/15/96 Senate adopted conference committee report. 5/21/96 signed by governor.

*Pennsylvania H. 2646 (Author: Cohen)

Anabolic Steroids. Amends the Controlled Substance, Drug, Device and Cosmetic Act. Provides for schedules for controlled substances. Excludes from the provisions of the act an anabolic steroid that is intended for administration to hormone-deficient women.

Status: 5/21/96 introduced. 5/23/96 to House Committee on Judiciary.