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State legislation relating to college athletics

The State Legislation Report is based largely on data provided by the Information for Public Affairs on-line state legislation system as of June 25, 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

Athlete agents -- 1

Athletics facilities -- 2

High-school extracurricular/home schooling -- 2

Liability -- 1

State athletics commission -- 1

Three bills have become law since the last report. In Colorado, athlete agent legislation was passed. In Hawaii, the governor signed a bill that establishes a petty misdemeanor offense for violation of any stadium authority rule regulating conduct, parking and traffic on stadium premises. In Wisconsin, legislation was enacted that relates to the liability of a person engaged in a contact sports competition.

Since the last report, state legislatures in North Carolina and Louisiana have adjourned. A total of 31 state legislatures have concluded their 1996 legislative sessions. Thirteen state legislatures are still in regular sessions. Six states did not convene a regular legislative session in 1996.

Colorado S. 215 (Author: Wells)

Athlete agent. Regulates athlete agent conduct. Prohibits athlete agents from entering into agreements with employees of higher education institutions for client referrals of student-athletes, offering anything of value to induce a student-athlete to enter into an agreement for representation, and contacting a student-athlete in order to persuade the student-athlete to enter into such an agreement prior to the completion of student-athlete's athletics eligibility. Specifies requirements for athlete agent contracts and provides for the filing of those contracts with the student-athlete's institution. Contains institutional notification provisions and allows the student-athlete, once having signed a contract, to rescind the agreement under certain conditions. Establishes procedures for the communication of all written materials sent and for student-initiated contact with the athlete agent. Requires institutions to sponsor on-campus athletics interviews under the supervision of a compliance coordinator. Allows the attorney general or a district attorney to seek injunctive relief and impose civil penalties against any individual, other than a student-athlete, who violates certain provisions of the act. Permits institutions to bring an action for civil damages against a student-athlete and an athlete agent.

Status: 3/14/96 introduced. 4/10/96 passed Senate. 4/29/96 passed as amended by House. 4/30/96 Senate concurred with House amendments. 6/1/96 signed by governor.

Delaware HJR 9 (Author: Spence)

State athletic commission. Establishes the Athletic Commission Study Committee to investigate the feasibility of re-establishing a State Athletics Commission. Requires the committee to explore all facets of Delaware sporting events (including amateur athletics events) and to determine the duties and responsibilities of an athletics commission.

Status: 5/17/95 introduced. 6/20/95 passed House. 6/12/96 passed as amended by Senate. 6/18/96 House concurred with Senate amendments. To governor.

Florida H. 1041 (Author: Committee on Education)

High-school extracurricular. Raises the required cumulative grade-point average for purposes of the school district comprehensive program for pupil progression and high-school graduation. Raises the requirements for participation in interscholastic extracurricular activities, including athletics, from 1.500 to 2.000 over a three-year period. Establishes that the new participation standards become effective at the beginning of the student's first semester of ninth grade.

Status: 3/5/96 introduced. 4/17/96 passed House as amended. 5/2/96 substituted on Senate floor for S. 920. Passed as amended by Senate. 5/3/96 House concurred with Senate amendments, included additional amendments. Senate concurred with House's additional amendments. 5/31/96 vetoed by governor.

Hawaii S. 2992 (Author: Mizuguchi)

Athletics facilities. Establishes a petty misdemeanor offense, punishable by a fine not exceeding $500, for violation of any stadium authority rule regulating conduct, parking and traffic on stadium premises.

Status: 1/25/96 introduced. 3/5/96 passed Senate. 4/9/96 passed as amended by House. 4/12/96 Senate refused to concur in House amendments. To conference committee. 4/29/96 returned to Senate for reconsideration. Senate concurred with House amendments. 6/12/96 signed by governor.

*Michigan H. 5923 (Author: Jaye)

High-school extracurricular. Requires high-school students to maintain a 2.000 grade-point average (4.000 scale) to be eligible to participate in interscholastic athletics.

Status: 6/4/96 introduced. To House Committee on Education.

*New Jersey S. 1229 (Author: Sinagra)

Athletics facilities. Provides that sports stadiums, including those that hold intercollegiate athletics events, shall not sell, rent or lease advertising space on any property of the stadium if the advertisement advocates or promotes the brand name of a tobacco product. Prohibits a public or private entity that operates a sports stadium, arena or similar recreational facility from permitting brand-name tobacco product sponsorship of any event at the facility, unless 75 percent of the persons in attendance are over 18 years old.

Status: 6/3/96 introduced. To Senate Committee on Health.

Wisconsin A. 628 (Author: Prosser)

Liability. Changes the legal standard of care from ordinary negligence to recklessness for a recreational sports player who is alleged to have caused injury to another player during a recreational team contact sports competition.

Status: 10/26/95 introduced. 3/21/96 passed Assembly. 5/8/96 passed Senate. 6/24/96 signed by governor.