The NCAA News - News and Features

The NCAA News -- November 8, 1999

State legislation relating to intercollegiate athletics

This report summarizes legislation currently pending before state legislatures that could affect or is of interest to staff of intercollegiate athletics programs and student-athletes. Set forth below is a list of six bills from six states. The report includes five bills that have been recently introduced and one pending bill where legislative action has occurred since the publication of the September 13, 1999, 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 October 25, 1999. 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

Athletic trainers 1

Athlete agents 1

Gambling 2

High-school extracurricular .2

Two bills have become law since the last report. In Oregon, new legislation was adopted that regulates athlete agents. In California, a resolution was adopted by the legislature that expresses support and urges funding for a comprehensive gambling prevalence study.

Since the last report, one state legislature (California) has adjourned. Forty states have now concluded their regular sessions and have adjourned for the year. Nine state legislatures remain in regular session. One state legislature (Kentucky) will not conduct a legislative session in 1999.

*California ACR 92 (Author: Papan)

Gambling research. Expresses the legislature's support for conducting a gambling prevalence survey to be undertaken in 1999. Directs that the study include 6,000 to 7,000 interviews with residents 18 years or older and be designed to detect differences in subgroups in the population at greatest risk for gambling problems. States that a sum of $500,000-$750,000 be used to fund the survey.

Status: 9/2/99 introduced. 9/7/99 adopted by Assembly. 9/9/99 adopted by Senate. 9/20/99 resolution chaptered (No. 121) by Secretary of State.

*Illinois H 2896 (Author: Brunsvold)

Athletic trainers. Amends the Illinois Athletic Trainers Practice Act. Changes the definitions of the terms "licensed athletic trainer" and "referral." Provides a definition for the term "athlete."

Status: 10/5/99 introduced. 10/6/99 referred to House Committee on Rules.

*Michigan S 721 (Author: Jaye)

High-school extracurricular/academic standards. Requires public school students to maintain a grade-point average of at least 2.000 on a 4.000 scale to be eligible to participate in interscholastic and intramural athletics.

Status: 9/22/99 introduced. Referred to Senate Committee on Education.

*New Jersey A 3406 (Author: Blee)

High-school extracurricular/drug testing. Directs the State Board of Education to require that the New Jersey State Interscholastic Athletic Association prohibit the use of any substance included on the list of banned drugs adopted by the NCAA by any student who participates in a school district's interscholastic athletics program. Requires that each board of education adopt a policy for the voluntary testing of the district's high-school students who participate in interscholastic athletics for substances banned by the NCAA. Establishes certain guidelines that a district must follow in adopting a drug-testing policy.

Status: 10/18/99 introduced. Referred to Assembly Committee on Education.

Oregon H 3628 (Author: Gianella)

Athlete agents. Regulates athlete agents. Requires an athlete agent to obtain a permit from the Department of Education before conducting business. Establishes a permit and annual renewal fee of $250. Prohibits an athlete agent from directly or indirectly offering or providing money or anything of benefit or value to a student-athlete. Limits written and in-person contact between an athlete agent and a student-athlete or his relatives, except under certain circumstances. Requires an athlete agent and a student-athlete to provide written notice to the administrator of the student-athlete's educational institution upon entering any agent, endorsement or professional sports-services contract. Requires specific notice and warning language in each agent, endorsement or professional sports-services contract. Provides an educational institution with a cause of action for damages or equitable relief against any athlete agent or student-athlete who violates the provisions of the Act. Imposes felony penalties against an athlete agent for offering anything of benefit or value to a student-athlete or for failure to provide notice after entering into an agent contract. Provides for misdemeanor penalties against an athlete agent who conducts business in the state without an agent permit.

Status: 5/11/99 introduced. 6/18/99 passed as amended by House. 7/23/99 passed Senate. 9/1/99 signed by governor.

*Pennsylvania H 1974 (Author: Clymer)

Internet gambling. Amends the Crimes and Offenses Code. Prohibits those engaged in the business of betting or wagering from using a computer or other communication facility for the transmission or receipt of bets or wagers. Imposes a misdemeanor of the first-degree penalty on violators.

Status: 10/18/99 introduced. 10/19/99 referred to House Committee on Judiciary.