National Collegiate Athletic Association

The NCAA News - News and Features

February 24, 1997

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 37 bills from 21 states. The report includes 34 bills that have been introduced and three pending bills on which action has been taken since the publication of the February 10, 1997, issue of The NCAA News. All newly introduced bills, including those prefiled prior to the beginning of the 1997 legislative session, are marked with an asterisk (*).

The State Legislation Report is based largely on data provided by the Information for Public Affairs on-line state legislation system as of February 10, 1997. 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
Advertisements at sporting events -- 2
Athlete agents -- 3
Athletic trainers -- 2
Campus crime -- 4
Fund raising -- 2
Gender equity -- 5
High-school curriculum -- 2
High-school extracurricular/home schooling -- 5
Liability -- 4
Renaming of universities -- 1
Salaries of athletics director/coaches -- 2
Tickets -- 3
Tuition fees -- 1
Transfer of credits -- 1

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*Alabama H. 298 (Author: Carothers)

Athletic trainers. Adds provisions relating to the composition, duties and responsibilities of the Alabama Board of Athletic Trainers. Outlines the requirements for renewal of licenses. Authorizes grants to develop and promote athletic training and continuing-education programs for athletic trainers.

Status: 2/4/97 introduced. To House Committee on State Administration.

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Arizona S. 1011 (Author: Huppenthal)

High-school extracurricular/home schooling. Provides home or charter school students with the opportunity to compete for a position on an athletics team at a public school within the student's attendance area. Establishes additional eligibility requirements for home or charter school participants in interscholastic competition, including written verification that the student is receiving a passing grade in each subject being taught.

Status: 1/13/97 introduced. 1/16/97 passed as amended by Senate Committee on Education. 1/27/97 passed Senate.

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*Arizona H. 2455 (Author: Kyle)

Athlete agents. Creates an athlete-agent commission. Requires athlete agents to register with the commission. Grants authority to the commission to take disciplinary action against athlete agents, including imposing a civil penalty of not more than $100,000. Permits the commission to require an athlete agent to reimburse the institution of higher education for all damages suffered by the institution. Subjects any person who engages in contact with an athlete in violation of NCAA rules, or any agent who fails to comply with the provisions of the article, to Class 6 felony penalties. Requires athlete agent to provide written notification to the commission of any student-athlete who intends to sign an agent contract before completing his or her eligibility in the sport.

Status: 1/27/97 introduced. To House Committee on Public Institutions. To House Committee on Commerce.

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*Connecticut H. 5318 (Author: Piscopo)

Tickets. Establishes an exception to the crime of ticket scalping for registered ticket brokers. Provides for the registration and regulation of ticket brokers by the Commissioner of Consumer Protection.

Status: 1/13/97 introduced. To Joint Committee on General Law.

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*Connecticut H. 6556 (Author: Committee on General)

Athlete agents. Extends athlete-agent registration to any person engaged in athlete-agent activities in Connecticut. Amends the definition of "athlete" to include high-school students.

Status: 1/30/97 introduced. To Joint Committee on General Law.

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*Hawaii H. 273 (Author: Morihara)

Gender equity. Appropriates $255,000, for fiscal year 1997-98, to the University of Hawaii for the purposes of complying with the provisions of Title IX.

Status: 1/17/97 introduced. To Joint Committee on Judiciary.

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*Illinois H. 365 (Author: Ackerman)

Liability. Amends the state's Good Samaritan Act. Adds a definition of "willful or wanton misconduct" to the act. Provides an exemption from civil liability for emergency care provided by physician volunteers at sports, religious, or public events.

Status: 1/30/97 introduced. To House Committee on Rules. To House Committee on Judiciary I -- Civil Law.

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*Illinois S. 325 (Author: Halvorson)

Advertisements at sporting events. Prohibits the advertisement of tobacco or tobacco products at sporting events.

Status: 2/5/97 introduced. To Senate Committee on Rules. To Senate Committee on Executive.

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*Indiana H. 1547 (Author: Klinker)

Athlete agents. Authorizes the secretary of state to administer the permit process for sports agents wishing to do business in the state. Requires a sports agent to pay a $250 permit fee and post a $15,000 surety bond. Establishes sports agent contract-procurement requirements. Requires the sports agent and student-athlete to provide the student's institution with written notice that an athlete-agent contract has been entered. Subjects a student-athlete to possible disciplinary action by his or her institution and a sport agent to Class D felony penalties for failure to provide institutional notification. Regulates sports agent conduct, including limitations placed on a sports agent's contact with student-athletes. Provides institutions with a cause of action for damages against anyone who violates the provision, including the student-athlete. Allows for the institution to recover punitive damages, court costs, attorney fees and treble damages in cases where the institution prevails in a suit brought under the act. Holds the student-athlete and sports agent jointly and severally liable should their act or omission result in the student's institution being penalized, disqualified or suspended from participation in intercollegiate athletics.

Status: 1/24/97 introduced. To House Committee on Economic Growth.

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*Louisiana H. 132 (Author: Flavin)

High-school extracurricular/home schooling. Permits all students in an approved home-study program to be eligible to participate in any extracurricular activity, including athletics, at his or her assigned public school. Requires home-study students to meet all other eligibility requirements for participation.

Status: 2/4/97 prefiled.

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*Louisiana H. 175 (Author: Wiggins)

Advertisements at sporting events -- gambling. Prohibits advertising of gambling or gaming activities at athletics events involving public and private colleges and universities.

Status: 2/4/97 prefiled.

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*Minnesota H. 319/S. 237 (Authors: Pelowski/Hottinger)

Fund raising. Allows for a state income tax credit (not to exceed $500 for an individual and $1,000 for a married couple filing jointly) in an amount equal to 50 percent of the aggregate amount of charitable contributions made during a taxable year to a nonprofit institution of higher education.

Status: H. 319: 1/29/97 introduced. To House Committee on Education. S. 237: 1/30/97 introduced. To Senate Committee on Taxes.

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*Mississippi H. 465 (Author: Short)

Tickets/scalping. Imposes a fine of not more than $1,000 or imprisonment for not more than one year, or both, for persons who sell tickets, in excess of their face value, to any athletics contest of a college or university of the state of Mississippi.

Status: 1/7/97 introduced. 2/5/97 passed House. To Senate.

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*New Hampshire H. 537 (Author: Torr)

Athletic trainers. Replaces the laws governing the practice of athletic training and other allied health professions. Establishes individual licensing boards for each of these areas of practice and creates a board of directors. Provides licensures requirements for athletic trainers.

Status: 1/9/97 introduced. To House Committee on Health, Human Services and Elderly Affairs.

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*New Mexico S. 111 (Author: Nava)

High-school extracurricular. Amends a section of the state code pertaining to student participation in interscholastic extracurricular activities. Applies minimum eligibility requirements for participation in interscholastic extracurricular activities. Changes the effective date for the application of student academic standards for participation from the second semester of grade eight to grade nine.

Status: 1/24/97 introduced. To Senate Committee on Education.

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*New Mexico S. 473 (Author: Ingle)

Gender equity. Appropriates $120,000 for use by the athletics department of Eastern New Mexico University. Designates $75,000 of the appropriation to be used for a gender-equity program for assistant coaches and for women's athletics scholarships.

Status: 2/5/97 introduced.

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*New York A. 1765 (Author: Becker)

Campus crime. Requires each college to report all criminal activity on its campus and other college property to the local police agency. States that each college must report such information to the division of criminal justice services on a monthly basis. Provides for the loss of eligibility for state aid or assistance for any college that fails to comply with the provisions of the act.

Status: 1/16/97 introduced. To Assembly Committee on Higher Education.

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*New York A. 2523 (Author: Perry)

Tickets. Establishes a new fund that raises money for the funding of New York city schools' sports and recreation programs by imposing a nominal fee on tickets sold to sporting events in cities with a population of more than 125,000. Authorizes such cities to adopt or amend local laws imposing a 25 cent fee upon the ticket price of $4 or more for any sporting event held within such city.

Status: 1/27/97 introduced. To Assembly Committee on Education.

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*New York A. 2476/S. 628 (Authors: Calhoun/Cook)

Liability. Provides that any person who voluntarily and without compensation renders certain service (e.g., manager, coach, umpire or referee) in sports programs for nonprofit-making organizations shall be immune from liability for civil damages or acts or omissions in rendering such service unless the act or omission constituted gross negligence or willful misconduct.

Status: S. 628: 1/13/97 introduced. To Senate Committee on Judiciary. A. 2476: 1/27/97 introduced. To Assembly Committee on Judiciary.

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*New York A. 3619 (Author: Miller)

High-school extracurricular. Prohibits students who are parents from participating in extracurricular activities when either the student or their child receives public assistance.

Status: 2/5/97 introduced. To Assembly Committee on Education.

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*New York A. 3705 (Author: Wertz)

Campus crime. Requires higher education institutions to provide campus crime data in literature provided to prospective students. Grants the attorney general the power to impose a civil penalty, not exceeding $10,000, on any institution that fails to comply with an order to provide such information.

Status: 2/5/97 introduced. To Assembly Committee on Higher Education.

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*New York A. 3718/S. 1059 (Authors: Wright/Kruger)

Campus crime. Requires institutions of higher education to publish and distribute, upon request to any person, campus crime statistics annually. Requires institutions to include notice of the availability of the campus crime report in all applications for admission and employment. Provides for the announcement in all campus housing and campus newspapers and through the posting of notices on each campus building of incidents or alleged incidents of certain crimes, where the institution's public safety or campus security office has concluded that there is probable cause to believe the crime has occurred.

Status: S. 1059: 1/17/97 introduced. A. 3718: 2/5/97 introduced. To Assembly Committee on Higher Education.

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*Ohio H. 47 (Author: Schuck)

High-school extracurricular/home schooling. Allows any child receiving home education to participate in classes and extracurricular activities, including athletics, operated at the school to which that child would otherwise be assigned.

Status: 1/21/97 introduced. 1/22/97 to House Committee on Education.

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*Oklahoma S. 729 (Author: Helton)

High-school curriculum. Establishes minimum requirements and guidelines for providing physical education programs in elementary and secondary schools. Requires a minimum of one year of physical education for students in grades 7-9 and 10-12. Allows athletics participation at grade levels 10-12 to qualify for physical education credit.

Status: 2/3/97 introduced. To Senate Committee on Education.

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*Oregon H. 2364 (Author: Shetterly)

Renaming of universities. Renames three universities. Changes Western Oregon State University to Western Oregon University, Southern Oregon State University to Southern Oregon University and Eastern Oregon State University to Eastern Oregon University.

Status: 1/24/97 introduced. To House Committee on Education. To House Committee on Ways and Means.

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*Pennsylvania S. 166 (Author: Holl)

Transfer credits. Requires all institutions of higher education that receive state funds to accept at full value the credits received by a student transferring from another institution in the state.

Status: 1/21/97 introduced. 1/22/97 to Senate Committee on Education.

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*South Carolina H. 3305 (Author: Stille)

Tuition fees. Imposes a 25 percent tuition surcharge on students who take more than 140 credit hours to complete a baccalaureate degree in a four-year program at any state-supported institution of higher education or more than 110 percent of the credit hours necessary to complete a baccalaureate degree in a five-year program.

Status: 1/28/97 introduced. To House Committee on Education and Public Works.

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*Tennessee H. 46/S. 853 (Author: Windle/Davis)

Salaries of athletics directors and coaches. Provides for equal pay to college athletics coaches and athletics directors at all colleges and universities governed by the University of Tennessee Board of Trustees and the Tennessee Board of Regents. Sets equal pay requirement contingent on coaches having equal experience in their respective sports. Applies only to sports where both men's and women's teams compete at the intercollegiate level.

Status: H. 46: 1/17/97 introduced. 2/5/97 To House Committee on Education. S. 853: 2/6/97 introduced.

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*Texas SCR. 13 (Author: Zaffirini)

High-school curriculum. Encourages all independent school districts in the state to require a community-service component for any advanced or honors program.

Status: 2/4/97 introduced.

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Virginia SJR. 358 (Author: Couric)

Gender equity. Commemorates the 25th anniversary of the passage of Title IX of the Education Amendments of 1972 and urges schools and colleges to take whatever steps are necessary to ensure full compliance with the provisions of the law regarding gender equity in athletics.

Status: 1/20/97 introduced. 1/30/97 passed Senate. 2/2/97 to House Committee on Education.

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Virginia S. 1150 (Author: Earley)

Liability. Provides immunity from civil liability, in the absence of gross negligence, willful or malicious misconduct or knowing violation of the criminal law, to volunteers assisting in sports programs of non-profit organizations.

Status: 1/20/97 introduced. 2/4/97 passed Senate. 2/6/97 to House Committee on Courts of Justice.

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*Washington H. 1437/S. 5464 (Authors: Carlson/Kohl)

Gender equity. Sets comprehensive goals/guidelines related to gender equity in athletics to be met by institutions of higher education by specified dates. Amends the responsibilities of the higher education coordinating board concerning its role in reporting on institutional efforts to comply with the gender-equity provisions of the act.

Status: H. 1437: 1/24/97 introduced. To House Committee on Education. S. 5464: 1/24/97 introduced. To Senate Committee on Higher Education.


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