NCAA News Archive - 2000

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State legislation relating to intercollegiate athletics


Feb 28, 2000 5:05:52 PM


The NCAA News

This report summarizes legislation currently pending before state legislatures that could affect or is of interest to staff members of intercollegiate athletics programs and student-athletes. Set forth below is a list of 45 bills from 20 states. All bills reported have been introduced since January 1, 2000. 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 February 8, 2000. 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

Athlete agents 6

Athletics events/National Anthem 1

Athletics facilities 7

Athletic trainers 6

Bleacher safety/taxes 1

Drugs/illegal substances 1

Gambling 5

Gender equity 4

High-school extracurricular/

drug testing 3

Scheduling of athletics contests 3

Sports officials 4

Tickets 4

*Arizona H 2381 (Author: Gardner)

Gambling/sports lottery. Prohibits the State Lottery Commission from establishing a lottery based on the results of any sporting event.

Status: 1/10/2000 introduced. 1/13/2000 referred to House Committee on Government Reform. Additionally referred to House Committee on Rules. 1/26/2000 reported favorably with amendments by House Committee on Government Reform.

*Arizona H 2383 (Author: Gardner)

Sports officials. Adds knowingly assaulting a sports official to the list of crimes classified as aggravated assaults.

Status: 1/10/2000 introduced. 1/26/2000 reported favorably with amendments by House Committee on Government Reform. 2/3/2000 reported favorably by House Committee on Rules. Referred to House Committee of the Whole.

*Arizona H 2485 (Author: Leff)

Tickets. Prohibits a person from forging or altering a ticket, with the intent to defraud, to any sports, amusement or concert event. Imposes criminal class I misdemeanor penalties on violators.

Status: 1/11/2000 introduced. 1/26/2000 reported favorably by the House Committee on Commerce. 2/3/2000 reported favorably by the House Committee on Rules.

*Arizona S 1202 (Author: Wettaw)

Athletic trainers. Appropriates $40,000 for the establishment of the Board of Athletic Trainers to oversee, evaluate and license athletic trainers. Requires athletic trainers to work under the direction of a licensed physician. Sets requirements for licensure and the use of professional titles. Lists grounds for disciplinary action and establishes penalties. Provides the public with the right to access information related to the athletic trainer's professional background and practice.

Status: 1/12/2000 introduced. 1/18/2000 referred to Senate Committee on Commerce, Agriculture and Natural Resources. Additionally referred to Senate Committee on Appropriations and Senate Committee on Rules. 1/27/
2000 reported favorably with amendments by Senate Committee on Commerce, Agriculture and Natural Resources.

*Florida H 4005 (Author: Committee on Rules and Calendar)

Athlete agents. Provides for minor changes to the athlete-agent law. Repeals savings clause provision in the existing athlete-agent statute that entitles athlete agents, registered before October 1, 1995, to licensure under the act. Deletes the legislative findings found in Section 468.451 that reference the dishonest or unscrupulous practices by agents who solicit representation of student-athletes.

Status: 12/10/2000 prefiled. 1/18/2000 reported favorably with substitute by House Interim Committee on Business Regulation and Consumer Affairs.

*Georgia H 1323 (Author: Hugley)

Athlete agents. Amends existing athlete-agent statute. Provides for additional grounds for refusing to register or for disciplining an athlete agent. Prohibits contact with the student-athlete before completion of the athlete's last intercollegiate contest unless contact is initiated by the student-athlete or his or her parent or guardian. Requires an athlete agent to send a copy of any written materials sent to a student-athlete to the athletics director of the institution of higher education in which the athlete is enrolled. Provides for the inclusion of language in agent contracts that warns the student-athlete of the loss of athletics eligibility and alerts the student-athlete of his or her right to cancel the contract. Permits the student-athlete's institution to bring a civil action against an athlete agent for recovery of damages, under certain circumstances.

Status: 2/3/2000 introduced. Referred to House Committee on Higher Education.

*Hawaii S 2017 (Author: Tam)

Athletics facilities. Prohibits the installation of artificial turf in any state-owned or operated playing field, including the University of Hawaii, Manoa, after December 31, 2000. Requires the stadium authority and Hawaii to provide for the removal and replacement of artificial turf on all state-owned or maintained playing fields with natural grass by January 1, 2001.

Status: 1/19/2000 introduced. Referred to Senate Committee on Education and Technology. Additionally referred to Senate Committee on Economic Development.

*Illinois S 1589 (Author: Karpiel)

Gender equity. Removes the provision that repealed the section authorizing the use of tuition waivers to attain gender equity in intercollegiate athletics. Changes the date when the board must submit the gender-equity plans of public institutions of higher education to the governor and the state legislature.

Status: 2/1/2000 introduced. Referred to Senate Committee on Rules.

*Indiana H 1095 (Author: Denbo)

Internet gambling. Prohibits gambling on the Internet. Makes Internet gambling a Class B misdemeanor. Imposes Class D criminal penalties on those who engage in specific gambling activities over the Internet. Provides law enforcement officials with the right to notify an interactive computer service to discontinue service to an Internet gambling business or block customer access to gambling sites to which the computer service provides access.

Status: 1/10/2000 introduced. Referred to House Committee on Courts and Criminal Code.

*Indiana H 1388 (Author: Klinker)

Athlete agents. Requires a person who acts as a sports agent within the state to hold a sports-agent permit issued by the secretary of state. Allows the secretary of state to issue a sports-agent permit to a person who meets specified requirements, including the posting of $15,000 bond. Requires a student-athlete and an athlete agent to provide notice to the athletics director of the student-athlete's institution upon entering into an agent contract. Provides for penalties imposed against the student and/or the athlete agent for failure to provide timely notice. Allows the secretary of state to exercise subpoena powers to obtain the financial and business records of a sports agent. Lists grounds for revocation or suspension of a sports-agent permit. Provides an institution with a cause of action for damages against any person who violates the act. Imposes class A misdemeanor penalties against a sports agent who conducts business without a sports-agent permit. Imposes Class D felony penalties against a sports agent who violates provisions relating to agent contracts and acts involving gifts of inducement to student-athletes.

Status: 1/11/2000 introduced. Referred to House Committee on Commerce and Economic Development.

*Indiana S 401 (Author: Server)

Athletic trainers. Removes the athletic trainer residency requirement. Exempts certain nonresident athletic trainers from licensure. Provides an exemption for student trainers. Prohibits a person who is not a licensed athletic trainer from practicing athletic training or using certain terms to indicate the person is an athletic trainer. Establishes that a person who knowingly violates the athletic trainer statute commits a Class B misdemeanor.

Status: 1/10/2000 introduced. 1/27/2000 passed as amended on Senate floor. 2/7/2000 referred to House.

*Kentucky H 200 (Author: Crimm)

High-school extracurricular/gender equity. Requires cheerleading to be considered a sport for the purposes of complying with Title IX regulations.

Status: 1/4/2000 introduced. Referred to House Committee on Education.

*Minnesota H 2523 (Author: Harder)

Bleacher safety/taxes. Exempts from taxation purchases required to comply with bleacher safety requirements.

Status: 2/1/2000 introduced. Referred to House Committee on Taxes.

*Missouri S 900 (Author: Wiggins)

Sports officials. Creates the crime of intimidation of an athletics coach, manager or sports official. Establishes crime as a class D felony.

Status: 1/24/2000 introduced. 1/31/2000 referred to Senate Committee on Civil and Criminal Jurisprudence.

*Mississippi H 373 (Author: Warren)

Sports officials. Includes referees at sporting events in the enhanced penalty provision for simple and aggravated assault.

Status: 1/18/2000 introduced. Referred to House Committee on Judiciary.

*Mississippi H 639 (Author: Fillingane)

Scheduling of athletics contests. Requires the Board of Trustees of state institutions of higher learning to ensure that annually all Division I-A universities in the state play against each other in football.

Status: 2/1/2000 introduced. Referred to House Committee on Universities and Colleges.

*Mississippi S 2173 (Author: Harden)

Athletics facilities. Prohibits the Mississippi Veterans Memorial Stadium Commission from charging Jackson State University any fee for the use of the stadium at athletics events when the university is the home or visiting team. Provides for the payment of operating expenses incurred by the commission from Jackson State University athletics events.

Status: 1/13/2000 introduced. Referred to Senate Committee on Fees, Salaries and Administration.

*Mississippi S 2267 (Author: Harden)

Athletics facilities. Authorizes the issuance of general obligation bonds of the state of Mississippi for the purpose of constructing a stadium on the campus of Jackson State University.

Status: 1/14/2000 introduced.

*Mississippi S 2476 (Author: Ross)

Sports officials. Creates the criminal offense of physical assault of a sports official. Imposes felony penalties, including a $10,000 fine, imprisonment for not more than three years, or both.

Status: 2/1/2000 introduced. Referred to Senate Committee on Judiciary.

*Nebraska L 1059 (Author: Bourne)

Tickets. Creates the offense of ticket scalping by prohibiting the sale of any ticket to a public entertainment event in excess of the price fixed for admission. Exempts certain service charges associated with the sale of the ticket and qualifying nonprofit organizations that conduct raffles and auctions as a fund-raising activity.

Status: 1/6/2000 introduced. 1/10/2000 referred to Legislative Committee on Judiciary.

*New Jersey A 603/S 433 (Authors: Quigley/Sacco)

High-school extracurricular/drug testing. Permits the Board of Education to adopt a policy of random drug testing for students in grades 9-12 who participate in interscholastic athletics. Imposes disciplinary action in the form of student suspension or prohibition from participating in interscholastic athletics for students who test positive for drug use or refuse to consent to testing. Requires students and parents to sign a consent form prior to the student's participation in interscholastic athletics.

Status: A 603: 1/11/2000 introduced. Referred to Assembly Committee on Education. S 433: 1/11/2000 introduced. Referred to Senate Committee on Education.

*New Jersey A 972 (Author: Stuhltrager)

Athletic trainers. Amends the "Athletic Training Practice Act" to change the registration provisions of the act by requiring that athletic trainers be licensed according to the bill's provisions. Allows athletic trainers who become licensed under the bill's provisions to use the title "licensed athletic trainer." Requires that all applicants for licensure successfully complete an examination administered by the National Athletic Trainers' Association Board of Certification. Permits a person currently registered as an athletic trainer to become licensed by submitting a timely renewal application to the board prior to the expiration of the applicant's biennial registration.

Status: 1/11/2000 introduced. Referred to Assembly Committee on Education.

*New Jersey A 1094 (Author: Cohen)

Athlete agents. Establishes the New Jersey Athlete Agent Regulatory Board for the registration and regulation of athlete agents. Empowers the board to review, issue, renew, deny, suspend and revoke registrations. Requires an athlete agent to deposit a surety bond in the sum of $100,000 with the board, or show evidence of malpractice coverage in the minimum amount of $500,000. Provides for the negotiation and limitation of fees and the establishment of a trust fund when an athlete agent is the recipient of the athlete's salary or other revenue derived from the athlete. Requires an athlete agent to comply with all requirements of the State Uniform Securities Law if the athlete agent acts as an investment advisor or broker-dealer.

Status: 1/11/2000 introduced. Referred to Assembly Committee on Consumer Affairs and Regulated Professions. 1/27/2000 reported favorably by Assembly Committee on Consumer Affairs and Regulated Professions. Referred to Assembly Committee on Appropriations.

*New Jersey A 1465 (Author: Blee)

High-school extracurricular/drug testing. Requires Board of Education to adopt a voluntary substance-abuse-testing policy for substances prohibited by the NCAA. Limits disciplinary action for students who test positive for drug use to student suspension or prohibition from participation in interscholastic athletics. Requires student and parent to sign a consent from before participation in interscholastic athletics.

Status: 1/11/00 introduced. Referred to Assembly Committee on Education.

*New Mexico H 340 (Author: Crook)

Gender equity/women's sports funding. Appropriates $140,000 to Board of Regents for Eastern New Mexico University to initiate an intercollegiate soccer program for women and to increase grant-in-aid awards for other women's sports at the university.

Status: 1/28/2000 introduced. 1/31/2000 referred to House Committee on Rules and Order of Business. 2/4/2000 withdrawn from House Committee on Rules and Order of Business. 2/4/2000 referred to House Committee on Education. Additionally referred to House Committee on Appropriations and Finance.

*New Mexico H 435 (Taylor)

Athletics facilities. Authorizes the issuance of New Mexico Finance Authority Revenue Bonds for athletics facilities, not to exceed $18 million. Provides for proceeds from the bonds to be directed to the University of New Mexico, New Mexico State University, Western New Mexico, New Mexico Highlands University and Eastern New Mexico University for specific improvement and renovation projects of athletics facilities.

Status: 2/1/2000 introduced. 2/1/2000 referred to House Committee on Taxation and Revenue. Additionally referred to House Committee on Appropriations and Finance.

*New Mexico S 57 (Author: Garcia)

Gender equity -- funding. Appropriates $600,000 to the Board of Regents of New Mexico State University for the purpose of increasing women's sports activities to comply with Title IX.

Status: 1/18/2000 introduced. Referred to Senate Committee on Education. Additionally referred to Senate Committee on Finance.

*Rhode Island S 2013 (Author: Kells)

Athletics events -- National Anthem. Requires the National Anthem to be played before all athletics events held in the state. Mandates that both home and visiting teams be present on the playing surface during the playing of the Anthem.

Status: 1/4/2000 introduced. Referred to Senate Committee on Special Legislation.

*South Carolina H 4386/S 975 (Authors: Meacham/Short)

Athletics facilities. Provides bond funding for Winthrop University and The Citadel to acquire, construct, renovate and equip certain athletics facilities. Secures debt by a pledge of the revenues derived from each university's athletics department and certain admissions fees charged to students.

Status: H 4386: 1/11/2000 introduced. Referred to House Committee on Ways and Means. S 975: 1/11/2000 introduced. Referred to Senate Committee on Education.

*South Carolina H 4438 (Author: Bales)

Scheduling of athletics contests. Requires men's varsity basketball teams from the University of South Carolina, Columbia, and Clemson University to play each other twice a year beginning with the 2000-01 season.

Status: 1/13/2000 introduced. Referred to House Committee on Education and Public Works.

*South Dakota H 1110 (Author: Hunt)

Internet gambling. Prohibits anyone engaged in a gambling business from using the Internet to place a bet or wager. Prohibits anyone from establishing a location or Web site in the state to conduct a gambling business on or over the Internet. Imposes class six felony penalties on violators. Exempts South Dakota State Lottery from the prohibition.

Status: 1/18/2000 introduced. 1/19/2000 to House Committee on State Affairs.

*South Dakota S 3 (Author: Olson)

Drugs/illegal substances. Prohibits anyone found by a court to have committed a felony offense, by possessing, using or distributing a controlled substance or marijuana, from participating in any intercollegiate extracurricular competition at any South Dakota state supported institution of higher education.

Status: 1/11/2000 introduced. Referred to Senate Committee on Education. 2/1/2000 reported favorably by Senate Committee on Education. 2/02/2000 failed to pass Senate.

*Tennessee H 2151/S 2287 (Authors: Williams/Kurita)

Internet gambling. Amends state code to make gambling by means of the Internet a class B misdemeanor. Prohibits a person from designing, developing, managing, supervising, establishing, producing or operating an Internet site that permits gambling, and it imposes criminal class E felony penalties. Provides for a fine of not more than $20,000 for each offense.

Status: H 2151: 1/20/2000 introduced. 1/24/2000 referred to House Committee on Judiciary. S 2287: 1/20/2000 introduced. 1/24/2000 referred to Senate Committee on Judiciary.

*Tennessee H 2355/S 2559 (Author: West/Cooper)

Athletic trainers. Makes technical changes to athletic-trainer laws. Replaces athletic trainer certificate with athletic trainer license. Changes student-trainer supervision requirements to include supervision by a licensed trainer be from the West region and one appointee must be from the Mid-Atlantic/South region. The appointees may be from Division I-A, I-AA or I-AAA.

Division I

Division I candidates must be nominated by their institution's multisport conference. The Division I nomination form and Division I nominee information form must be completed for each nominee. Nomination materials are to be sent to Lori L. Braa, committee coordinator, at the national office (fax 317/917-6808).

Newly announced vacancies

The deadline for submission of completed nomination materials for the following vacancy is March 28, 2000.

Division I Men's Soccer Committee: One vacancy (September 1, 2000). The appointee will replace Timothy O'Sullivan, Virginia Commonwealth University, who is not eligible for reappointment. The appointee must be from either Division I-AA or I-AAA and may be from any region.

Additional nominations solicited

The deadline for submission of completed nomination materials for the following vacancies is March 14, 2000.

Division I-AA Football Committee: Two vacancies. The appointees will replace Daniel Beebe, Ohio Valley Conference, and John Johnson, Weber State University, who are not eligible for reappointment. One appointee must be from the Central region and one must be from the West region. The appointees must be from Division I-AA.

Men's Gymnastics Committee: One interim (immediate) vacancy. The appointee will replace Greg Buwick, University of Oklahoma, who has resigned from the committee. The appointee must be from the West region and be from Division
I-AA or I-AAA.

Women's Gymnastics Committee: One vacancy. The appointee will replace Linda Burdette, West Virginia University, who is not eligible for reappointment. The appointee must be from region 2 and be from Division I-A, I-AA or I-AAA.

Division I Men's Lacrosse Committee: One vacancy. The appointee will replace Joseph Boylan, Loyola College (Maryland), who is not eligible for reappointment. The appointee must be from the South region and be an athletics administrator from Division I-A, I-AA or I-AAA.

Division I Men's Ice Hockey Committee: One vacancy. The appointee will replace Pat Richter, University of Wisconsin, Madison, who is not eligible for reappointment. The appointee must be from the West region and be from Division I-A, I-AA or I-AAA.

Division I Women's Softball Committee: One vacancy. The appointee will replace Cindy Masner, Long Beach State University, who is not eligible for reappointment. The appointee must be from the West region and be from Division
I-A, I-AA or I-AAA.

Division II

Division II individuals may be nominated by peers. Self nominations also are accepted in Division II. A Division II nomination form and Division II nominee information form must be completed for each nominee. Nomination materials are to be sent to Lori L. Braa, committee coordinator, at the national office (fax 317/917-6808).

Additional nominations solicited

The deadline for submission of completed nomination materials for the following vacancies is March 28, 2000.

Division II Baseball Committee: Two vacancies. The appointees will replace Danny Davis, University of North Carolina, Pembroke, and John Radovich, University of Pennsylvania, Edinboro, who are not eligible for reappointment. One appointee must be from the South Atlantic region and one appointee must be from the North Atlantic region. The appointees may be either a coach or an administrator.

Division II Football Committee: One vacancy. The appointee will replace Marvin Kay, Colorado School of Mines, who is not eligible for reappointment. The appointee must be from the West region and may be either a coach or an administrator.

Division II Women's Softball Committee: One vacancy. The appointee will replace Jan Schefkowitz, California State University, Stanislaus, who is not eligible for reappointment. The appointee must be from the West region and may either be a coach or an administrator.

Division II Women's Volleyball Committee: One vacancy. The appointee will replace Donna Palivec, Bemidji State University, who is not eligible for reappointment. The appointee must be from the North Central region and may be either a coach or an administrator.

Division II Men's Golf Committee: One vacancy. The appointee will replace Vince Jarrett, Abilene Christian University, who is not eligible for reappointment. The appointee must be from the West region and be an administrator.

Division II Women's Golf Committee: One vacancy. The appointee will replace Cindy Ho, Longwood College, who is not eligible for reappointment. The appointee must be from the East region and may be either a coach or an administrator.

Division III

Division III individuals may be nominated by peers. Self nominations also are accepted in Division III. A Division III nominee information form must be completed for each nominee. Nomination materials are to be sent to Lori L. Braa, committee coordinator, at the national office (fax 317/917-6808).

Newly announced vacancies

The deadline for submission of completed nomination materials for the following vacancies is March 14, 2000.

Division III Football Committee: One vacancy. The appointee will replace Glenn Hedden, Kean College, who is not eligible for reappointment. The appointee may not be from the New Jersey Athletic Conference and must be from the East region.

Division III Women's Golf Committee: One vacancy. The appointee will replace Monica Severson, Wartburg College, who is not eligible for reappointment. The appointee may not be from the Iowa Intercollegiate Athletic Conference and must be an athletics administrator from region 4.

Division III Men's Ice Hockey Committee: One vacancy. The appointee will replace Terrence Skrypek, University of St. Thomas (Minnesota), who is not eligible for reappointment. The appointee may not be from the Minnesota Intercollegiate Athletic Conference and must be from the West region. The appointee may be either a coach or an administrator.

Division III Men's Lacrosse Committee: One vacancy. The appointee will replace Raymond Rostan, Hampden-Sydney College, who is not eligible for reappointment. The appointee may not be from the Old Dominion Athletic Conference and must be from the South region. The appointee may be either a coach or an administrator.

Division III Men's Soccer committee: Three vacancies. The appointees will replace Brian Chafin, Centre College, Michael Vienna, Salisbury State University, and Andy Jennings, Vassar College, who are not eligible for reappointment. The appointees may not be from the Southern Collegiate or Capital Athletic Conferences and must be from the Great Lakes, South and Metro regions. At least one appointee must be an administrator.

Division III Women's Softball Committee: One vacancy. The appointee will replace Marjorie Willadsen, Buena Vista University, who is not eligible for reappointment. The appointee may not be from the Iowa Intercollegiate Athletic Conference and must be from the Midwest region.

Additional nominations solicited

The deadline for submission of completed nomination materials for the following vacancies is March 14, 2000.

Division III Nominating Committee: One interim vacancy. The appointee will replace Dolores Bogard, State University of New York at Cortland, who has resigned from the committee. The appointee must be a former NCAA officer or former member of the NCAA Council or Management Council. The appointee must be a female and preferably be from region 4.

Division III Management Council: One interim vacancy. The appointee will replace Maureen Hager, Allegheny College, who has resigned from the Council. The nominee preferably will be an ethnic minority from region 3.


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