The NCAA News - News and Features

June 2, 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 19 bills from 12 states. The report includes six bills that have been introduced and 13 pending bills on which action has been taken since the publication of the May 12, 1997, issue of The NCAA News. All newly introduced bills 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 May 20, 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

Alcoholic beverages -- 1

Anabolic steroids -- 1

Athlete agents -- 3

Athletics scholarships -- 2

Athletic trainers -- 2

Golf-course membership -- 1

Liability -- 1

High-school extracurricular/home school -- 4

Sports officials -- 1

Sports wagering/sports lottery -- 1

Student fees -- 1

World track/field championships -- 1

One bill has become law since the last report. In Tennessee, the existing state athlete-agent law was amended to establish annual sports agent permit application and renewal fees. The new law also requires that the sports agent has a surety bond ($15,000) that will remain in effect throughout the renewal period.

Since the last report, the legislatures in eight states (Alabama, Arkansas, Florida, Hawaii, Iowa, Indiana, Minnesota and Missouri) have adjourned for the year. A total of 23 state legislatures have concluded their 1997 legislative session.

California A. 114 (Author: Battin)

Alcoholic beverages. Allows golf-course facilities (holding liquor licenses), including university-operated courses, to make sales of alcoholic beverages from any golf cart that operates on the golf-course premises.

Status: 1/13/97 introduced. 4/17/97 passed as amended by Assembly. To Senate. 5/13/97 passed Senate Committee on Governmental Organization.

California S. 225 (Author: Kopp)

Funding for 1999 World Championships of Track and Field. Supports California's bid to host the 1999 World Championships of Track and Field at Stanford University. Appropriates $4,000,000 to be used only for the support of radio and television broadcasting of the World Championships of Track and Field, if they are held at a site in California.

Status: 1/30/97 introduced. 5/6/97 passed as amended by Senate Committee on Transportation.

Connecticut H. 5127 (Author: Villano)

Athlete agents. Establishes additional requirements for the conduct of athlete agents. Allows athletes to cancel contracts with athlete agents within six business days after the contract date. Requires that interviews between student-athletes and athlete agents be conducted in accordance with any policies adopted by institutions of higher learning in the state. Sets a maximum fee for athlete agents. Provides limitations on the transfer of interests or rights to participate in profits made by athlete agents.

Status: 1/8/97 introduced. 5/8/97 passed as amended by House. To Senate.

Delaware H. 166 (Author: Oberle)

Anabolic steroids. Changes the definition of "anabolic steroid" to exclude a combination of estrogen with anabolic steroid, which is expressly intended for administration to hormone-deficient women.

Status: 4/22/97 introduced. 5/1/97 passed as amended by House. To Senate.

Florida H. 1663/S. 2228 (Authors: Burroughs/Lee)

High-school extracurricular/home school. Defines the term "extracurricular." Requires that home-school students must be provided the same accessibility to high-school interscholastic activities as other students.

Status: S. 2228: 3/20/97 introduced. 4/30/97 substituted on Senate floor by H. 1663. 5/1/97 H. 1663 passed Senate. H. 1663: 3/24/97 introduced. 4/25/97 passed House. 4/30/97 H. 1663 substituted for S. 2228. 5/1/97 passed Senate.

*Louisiana S. 1522 (Author: Dardenne)

Athletics scholarships. Establishes that the benefits of an athletics scholarship should be closely tied to the recipient receiving a degree from his or her institution. Requires professional teams to repay an institution the cost of a student's athletics scholarship when they employ a student before the student graduates. Contains language that may require a student who enters a professional-services contract prior to graduation to reimburse the institution for the cost of the student's athletics scholarship when he or she fails to make the professional team aware of the requirements of the act.

Status: 4/29/97 introduced.

*Michigan H. 4789 (Author: Palamara)

Athletic trainers. Provides for the registration of athletic trainers. Creates the Michigan Board of Athletic Training to administer the registration process. Sets application and registration fees.

Status: 5/15/97 introduced. To House Committee on Health Policy.

*Minnesota H. 2214/S. 1958 (Authors: Murphy/Lourey)

High-school extracurricular. Permits high-school students enrolled in postsecondary courses to participate in high-school activities, including interscholastic athletics. Excludes grades earned in a postsecondary course from a student's high-school grade-point average and class rank.

Status: H. 2214: 5/14/97 introduced. To House Committee on Education. S. 1958: 5/14/97 introduced. To Senate Committee on Children, Families and Learning.

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 licensing requirements for athletic trainers.

Status: 1/9/97 introduced. 3/26/97 passed as amended by House. To Senate. 5/15/97 passed as amended by Senate Committee on Insurance.

*New York A. 7084 (Author: McEneny)

Golf-course membership. Prohibits any golf course from restricting the use of its facilities on the basis of gender during the period of time when the premises are open to use. Allows access to be restricted based upon membership categories that are not related to gender. Defines "golf course" as any person, firm, corporation, partnership, unincorporated association or other business enterprise offering facilities actively devoted to golf.

Status: 5/19/97 introduced. To Assembly Committee on Economic Development, Job Creation, Commerce and Industry.

*New York A. 7705 (Author: Committee on Rules)

Sports officials. Increases the penalty for assaults on sports officials from a class A misdemeanor to a class D felony. Establishes crime of aggravated harassment of a sports official when a person with intent to harass, annoy or threaten to alarm a sports official expels saliva on a sports official at a sports contest or strikes, shoves, kicks or otherwise subjects such sports official to physical contact. Imposes class B misdemeanor criminal penalties on those convicted of aggravated harassment of a sports official.

Status: 4/28/97 introduced. To Assembly Committee on Assembly.

Oregon S. 1056 (Author: Leonard)

Sports wagering/lottery proceeds. Changes the allocation of funds from the Sports Lottery Account. Allocates funds based on the number of full-time equivalent students enrolled at each institution of higher education under the jurisdiction of the State Board of Higher Education.

Status: 3/31/97 introduced. 5/16/97 passed as amended by Senate.

Tennessee S. 1825 (Author: Gilbert)

Athlete agents. Sets permit fees for sports-agent application and annual renewal. Requires a sports agent applying for permit renewal to provide proof that the sports agent has a surety bond ($15,000) that will remain in effect throughout the renewal period.

Status: S. 1825: 2/24/96 introduced. 3/31/97 passed as amended by Senate. To House. 4/1/97 substituted on House floor for H. 1749. 4/14/97 passed House. 4/29/97 signed by governor.

Texas H. 369 (Author: Kubiak)

Athlete agents. Provides for additional penalties for those who are repeat offenders under the state's athlete-agent law. Subjects repeat offenders to a fine not to exceed $250,000, confinement in jail of up to one year, or both. Creates a provision that requires a judge granting community supervision to a defendant to impose at least 30 days confinement in jail.

Status: 1/14/97 introduced. 5/1/97 reported favorably by House Committee on Criminal Jurisprudence.

Texas H. 2010 (Author: Wilson)

Athletics scholarships. Prohibits a public institution of higher education from awarding a scholarship, grant or other financial assistance, funded by state revenue, to a student on the basis of the student's status as a student-athlete.

Status: 3/4/97 introduced. 4/30/97 passed as amended by House. To Senate.

Texas H. 2425 (Author: Junell)

Liability/NCAA rules violation. Makes a technical correction to the definition of "regional collegiate athletics association" that permits the Big Twelve Conference, under certain conditions, to pursue an action for damages against a person who violates NCAA rules.

Status: 3/10/97 introduced. 4/25/97 reported favorably by House Committee on Civil Practices.

Texas S. 806 (Author: Ogden)

Student fees. Permits a public institution of higher education to use student fees to support its intercollegiate athletics program only when: (1) the institution informs the students of the amount to be used to support intercollegiate athletics; (2) the fee is subject to approval at an election of the student body; and (3) the total amount of student fees used to support intercollegiate athletics does not exceed $75 per semester ($25 for a summer term shorter than 12 weeks).

Status: 2/26/97 introduced. 4/14/97 passed as amended by Senate. To House. 4/28/97 reported favorably by House Committee on Higher Education.