NCAA News Archive - 2001

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State legislation report


Mar 26, 2001 11:27:05 AM


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 44 bills from 24 states. The report includes 34 bills that have been recently introduced and 10 pending bills where legislative action has occurred since the publication of the March 12, 2001, NCAA News. Newly introduced 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 March 12, 2001. 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 15

Athletics facilities 2

Athletics scholarships 1

Athletic trainers 2

Coaches 1

Gambling 7

Gender equity 1

Scheduling of athletics contests 3

Sports officials 10

Tickets 1

Women's athletics programs 1

Arkansas H 1084 (Author: Biggs)

Athletic trainers. Amends existing law by replacing Arkansas State Board of Physical Therapy with the Arkansas State Board of Athletic Training. Changes the board's composition, powers and duties.

Status: 1/8/2001 introduced. 2/19/2001 passed as amended by House. 3/8/2001 passed as amended by Senate Committee on State Agencies and Governmental Affairs.

Arkansas H 1694 (Author: Rackley)

Scheduling of athletics contests. Requires the University of Arkansas, Fayetteville, to play annually against Arkansas State University in football. Establishes that Arkansas; Arkansas State; and the University of Arkansas, Little Rock, shall annually play at least one men's basketball game against each of the other two universities.

Status: 2/9/2001 introduced. 3/2/2001 passed as amended by House Committee on State Agencies and Governmental Affairs.

*Arkansas H 1935 (Author: Mathis)

Coaches. Prohibits the awarding of state funding to any institution of higher education that employs a member of its coaching staff who uses profanity or obscene language during a press conference.

Status: 2/22/2001 introduced.

*Arkansas H 2435 (Author: Bright)

Sports officials. Amends state law to make it a class D felony to attack, strike, harass, stalk or otherwise physically abuse an athletics contest official.

Status: 3/5/2001 introduced. Referred to House Committee on Judiciary.

Arizona S 1180 (Author: Bennett)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for a civil action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the act.

Status: 1/16/2001 introduced. 2/19/2001 passed as amended by Senate. To House.

*California A 1229 (Author: Frommer)

Internet gambling. Prohibits any person from operating or placing bets on certain online gambling games, including sports. Specifies fines and misdemeanor penalties. Authorizes attorney general to review electronic, print and other advertisements of online gambling enterprises for accuracy.

Status: 2/23/2001 introduced.

*California S 694 (Author: Sher)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for a civil action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the Act.

Status: 2/23/2001 introduced. 3/7/2001 referred to Senate Committee on Business and Professions.

*Connecticut S 1248 (Author: Committee on Judiciary)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for a civil action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the Act.

Status: 2/21/2001 introduced. Referred to Joint Committee on Judiciary.

*Florida S 1728 (Author: Rossin)

Sports officials. Excludes from the definition of "employee" for purposes of workers' compensation, independent contractors who are sports officials for an entity sponsoring an interscholastic sports event or for a public entity or private, nonprofit organization that sponsors an amateur sports event.

Status: 3/6/2001 prefiled.

*Hawaii SCR 26/SC 20 (Authors: Bunda/Bunda)

Athletics facilities. Requests that the University of Hawaii, Manoa, rename the Rainbow Baseball Stadium in honor of its long-time head baseball coach Les Murakami.

Status: SCR 26: 3/6/2001 introduced. SC 20: 3/6/2001 introduced.

*Idaho HCR 32 (Author: Committee on Judiciary)

Sports officials. Requests that school districts, Little League programs, high schools, college and recreation programs and law-enforcement officials take necessary steps to reduce the incidence of violence on sports officials and to prosecute the violators to the full extent of the law.

Status: 3/8/2001 introduced.

*Idaho HR 3 (Author: Committee on State Affairs)

Scheduling of athletics contests. Recommends the annual scheduling of intrastate contests among the basketball teams of the University of Idaho, Boise State University and Idaho State University.

Status: 2/23/2001 introduced. 2/28/2001 passed House.

Idaho S 1063 (Author: Committee on Judiciary)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for a civil action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the act.

Status: 2/6/2001 introduced. 2/20/2001 passed Senate. To House.

*Illinois H 3089 (Author: Schmitz)

Internet gambling. Prohibits a person from making a wire transfer of money for the purpose of an Internet-based gambling transaction. Prohibits a financial institution from knowingly making a wire transfer of money that is to be used in an Internet-based gambling transaction. Provides that a violation is a petty offense that is subject to a fine of $1,000. States that all credit card debts incurred as a result of an Internet-based gambling transaction by any person are null and void.

Status: 2/28/2001 introduced.

*Illinois H 3535 (Author: Dart)

Tickets. Amends the Ticket Scalping Act. Makes it unlawful for a person to resell to or offer to resell a ticket for admission to a place of public entertainment at a price that exceeds 20 percent of the ticket price or $3, whichever is greater. Provides that each place of public entertainment must print the price of the event on the ticket.

Status: 3/5/2001 introduced.

Illinois S 50 (Author: Syverson)

Sports officials. Sets minimum fines of $1,000 and $2,000 for first and second offenses of battery against a sports official within or in the immediate vicinity of the athletics facility at which the sports official was an active participant.

Status: 1/30/2001 introduced. 3/8/2001 passed Senate.

*Illinois S 529 (Author: Burzynski)

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: 2/21/2001 introduced. Referred to Senate Committee on Rules. 2/28/2001 referred to Senate Committee on Licensed Activities.

Indiana S 171 (Author: Simpson)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for an action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the act.

Status: 1/8/2001 introduced. 2/27/2001 passed as amended by Senate.

*Maine H 775 (Author: MacDougall)

Sports officials. Requires a person who assaults a sports official to perform 100 hours of community service in addition to any other penalty imposed by the court.

Status: 2/20/2001 introduced. Referred to Joint Committee on Criminal Justice.

*Michigan S 313 (Author: Jaye)

Sports gambling. Amends the state statute to specify that persons involved in office pool betting, with wagers not exceeding $10 are subject only to a civil fine of $1. Prohibits a person from advertising an office pool (sports betting game) and imposes a fine of not less than $500 and not more than $1,000 on violators.

Status: 3/8/2001 introduced. Referred to Senate Committee on Gaming and Casino Oversight.

*Minnesota H 1267 / S 1354 (Authors: Kahn/Tomassoni)

Sports gambling. Authorizes the state lottery to offer games involving sports wagering and sports wagering pools on professional sports events. Permits sports bookmaking under licenses issued by the director of the state lottery.

Status: H 1267: 3/1/2001 introduced. Referred to House Committee on Governmental Operations and Veterans Affairs Policy. S 1354: 3/8/2001 introduced. Referred to Senate Committee on State and Local Government Operations.

Mississippi S 2312 (Author: Hamilton)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for an action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the act.

Status: 1/9/2001 introduced. 2/2/2001 passed Senate. 3/2/2001 passed as amended by House. To Senate for concurrence.

Montana H 19 (Author: Lenhart)

Sports officials/workers' compensation. Expands the exemption from coverage under the workers' compensation act to include officials employed at all amateur athletics events.

Status: 1/3/2001 introduced. 1/11/2001 passed as amended by House. 2/3/2001 passed as amended by Senate. 3/3/2001 House concurred in Senate amendments. To governor.

New Mexico H 770 (Author: Martinez)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for a civil action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the Act.

Status: 2/13/2001 introduced. 3/8/2001 passed House.

*New Mexico H 905 (Author: Taylor)

Athletics scholarships. Appropriates funds to institutions of higher education to equalize the disparity between actual tuition costs for athletics scholarships and budgeted tuition credits.

Status: 2/15/2001 introduced. 2/16/2001 referred to House Committee on Appropriations and Finance.

*New Mexico S 749 (Author: Robinson)

Gender equity. Appropriates funds to the boards of regents of the University of New Mexico and New Mexico State for gender equity in athletics programs.

Status: 2/15/2001 introduced. 3/6/2001 passed by Senate Committee on Education.

*Nevada A 253 (Author: Cegavske)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for a civil action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the Act.

Status: 2/28/2001 introduced. Referred to Assembly Committee on Education.

*New York A 5536 (Author: Ortiz)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for a civil action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the Act.

Status: 2/26/2001 introduced. Referred to Assembly Committee on Tourism, Arts and Sports Development.

*New York A 6538 (Author: DelMonte)

Sports officials. Makes the intentional causing of physical injury to a sports official a class D felony of assault in the second degree. Creates class B misdemeanor offense for aggravated harassment of a sports official when a person, with intent to annoy, harass, threaten or alarm a sports official, strikes or spits on such official.

Status: 3/6/2001 introduced. Referred to Assembly Committee on Codes.

*New York A 6508 (Author: Bragman)

Athlete agents. Provides for the regulation and registration of athlete agents. Requires bi-annual registration with the Secretary of State. Authorizes the Secretary of State to set application and registrations fees. Establishes a surety bond requirement of $100,000. Requires the filing of an agent contract with a student-athlete's institution within one business day of execution or before the student-athlete practices for or participates in any contest, whichever comes first. Lists a number of prohibited athlete-agent acts. Provides for a civil penalty of up to $100,000 against an athlete agent who violates any of the prohibited agent acts. Imposes criminal misdemeanor penalties against an athlete agent who violates certain provisions of the act. Permits an institution of higher education or a student-athlete that is adversely affected by the activities of an athlete agent to pursue an action for equitable relief and/or damages.

Status: 3/6/2001 introduced. Referred to Assembly Committee on Economic Development, Job Creation, Commerce and Industry.

*Ohio S 68 (Author: Coughlin)

Sports officials. Amends the state code to increase the penalty for assaults on sports officials to a felony of the fifth degree.

Status: 3/8/2001 introduced. Referred to Senate Committee on Reference.

*Oregon H 3580 (Author: Leonard)

Sports gambling/sports lottery allocation. Changes the allocation of funds from the Sports Lottery Account to institutions of higher education. Provides for an allocation method based on the proportion of general fund dollars received by the institution in the preceding biennium. Requires each institution to receive at least 5 percent of the funds allocated from the Sports Lottery Account before the effective date of the Act.

Status: 3/8/2001 introduced.

*Pennsylvania S 561 (Author: Murphy)

Internet gambling/advertisements. Requires that all unsolicited advertisements involving gambling on the Internet contain the term "ADV-GMBL" at the beginning of the subject line. Provides for fines and misdemeanor penalties.

Status: 3/6/2001 introduced. Referred to Senate Committee on Judiciary.

*South Carolina H 3611 (Author: Lucas)

Sports officials. Creates the offense of a physical assault of a sports official within the confines or the immediate vicinity of the athletics facility at which the athletics contest was conducted. Provides for misdemeanor penalties.

Status: 2/21/2001 introduced. Referred to House Committee on Judiciary.

*South Carolina S 334 (Author: Reese)

Athlete agents. Amends the powers and duties of the State Athletic Commission to include supervision over all sports agents.

Status: 2/15/2001 introduced. Referred to Senate Committee on General Committee.

*Texas H 2754 (Author: Homer)

Sports officials. Relates to the punishment for assault committed against sports officials.

Status: 3/7/2001 introduced.

*Texas S 903 (Author: Van de Putte)

Women's athletics programs. Establishes the women's athletics development fund. Requires that the funds be allocated to institutions of higher education to support women's athletics development programs that are operated in collaboration with one or more public high schools in this state. Sets criteria for the selection of program recipients.

Status: 2/23/2001 introduced. 2/26/2001 referred to Senate Committee on Education.

Utah S 60 (Author: Hillyard)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for a civil action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the Act.

Status: 1/18/2001 introduced. 2/8/2001 passed as amended by Senate. 2/19/2001 passed as amended by House. 2/20/2001 Senate concurred in House amendments.

*West Virginia H 2520 / S 226 (Authors: Stemple/Minard)

Athlete agents. Creates the Uniform Athlete Agents Act, a model state law developed by the National Conference of Commissioners on Uniform State Laws and endorsed by the NCAA and its membership. Establishes a uniform set of rules regulating athlete agents. Requires athlete-agent registration with a specified state agency. Provides for reciprocal registration with those states that have substantially similar registration requirements. Contains a detailed application process providing consumer information. Establishes requirements for agency contracts between student-athletes and athlete agents. Lists a number of prohibited acts. Permits specified state agency to issue subpoenas for any material that is relevant to the administration of the act. Imposes criminal, civil and/or administrative penalties for violations of the act. Provides for a civil action by an educational institution against an athlete agent or a former student-athlete for damages caused by a violation of the Act.

Status: H 2539: 2/23/2001 introduced. S 226: 2/23/2001 introduced. Referred to Senate Committee on Interstate Cooperation.

*West Virginia H 2539 (Author: Webb)

Athlete agents. Provides for the regulation and registration of athlete agents, largely based on the Uniform Athlete Agents Act developed by the National Conference of Commissioners on Uniform State Laws.

Status: 2/26/2001 introduced. Referred to House Committee on Government Organization.

*West Virginia S 185 (Author: Craigo)

Scheduling of athletics contest. Mandates that the West Virginia University and Marshall University football teams play each other annually beginning in 2005.

Status: 2/20/2001 introduced. Referred to Senate Committee on Natural Resources.


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