NCAA News Archive - 2001

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State legislation report


Feb 26, 2001 4:13:01 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 37 bills from 18 states. All bills reported have been introduced after January 1, 2001. 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 January 19, 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

Amateurism 1

Athlete agents 7

Athletics contests 1

Athletics facilities 5

Athletic trainers 1

Drugs/performance-

enhancing substances 1

Gambling 5

Gender equity 1

Hazing 1

High-school extracurricular/

home school 3

High-school extracurricular/

academic standards 1

Sports officials 8

Tickets 2

*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. Makes changes to the board's composition, powers and duties.

Status: 1/8/2001 introduced. Referred to House Committee on State Agencies and Governmental Affairs.

*Arizona H 2143 (Author: May)

Hazing. Prohibits hazing at high schools and post-secondary education institutions. Defines hazing as recklessly endangering the health or safety of or causing a risk of bodily injury to a person for purposes of initiation or admission into, affiliation with or holding office in or as a condition for continued membership in any school organization. Excludes from the definition of hazing any athletics events or similar contests or competitions that are sponsored by the educational institution. Provides for class 3 criminal misdemeanor penalties and requires violators to forfeit any entitlement to state-funded grants, scholarships or awards.

Status: 1/8/2001 introduced. 1/11/2001 referred to House Committee on Judiciary. Additionally referred to House Committee on Education and House Committee on Rules.

*Arizona H 2165 (Author: Brimhall)

Athletics contests/violence. Adds knowingly or recklessly causing any physical or emotional injury to a person playing in, coaching in, officiating at or observing any amateur or professional athletics contest to the list of classified assaults in the Arizona Revised Statutes.

Status: 1/8/2001 introduced.

*Colorado H 1045 (Author: Clapp)

Sports officials/assault. Imposes a mandatory minimum $1,000 fine on a defendant convicted of third-degree assault when the victim is a sports official and the assault is related to the victim's actions as a sports official at a sporting event.

Status: 1/10/2001 introduced. Referred to Senate Committee on Rules.

*Connecticut H 5091 (Author: Piscopo)

Tickets. Requires the Commissioner of Consumer Protection to adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, concerning the resale of tickets to entertainment events.

Status: 1/5/2001 introduced. Referred to Joint Committee on General Law.

*Connecticut H 5434 (Author: Dargan)

Gambling education/high school. Requires that public schools include information concerning the prevention of problems associated with gambling in their health science curriculum.

Status: 1/11/2001 introduced. Referred to Joint Committee on Public Safety.

*Connecticut H 5504 (Author: Heagney)

High-school extracurricular/home school. Prohibits a board of education from denying a student from participating in a high-school sports program solely on the basis that the student is home-schooled.

Status: 1/12/2001 introduced. Referred to Joint Committee on Education.

*Florida S 184 (Author: Silver)

Athletics facilities. Permits any publicly owned facility at which a private or public university or college football team is based, to retain the proceeds of sales taxes generated by the facility, its concessionaires, ticket sales, merchandising, ticket surcharges and other transactions for the purpose of renovating and modernizing the facility. Requires the facility to be located within a municipality that has been declared in a state of financial emergency within the preceding six years.

Status: 1/2/2001 prefiled. 1/11/2001 referred to Senate Committee on Commerce and Economic Opportunities.

*Georgia S 42 (Author: Crotts)

High-school extracurricular/ home school. Allows a home-school student who meets certain requirements to be eligible to participate in any extracurricular program offered in the public school at which the student would otherwise be authorized to attend.

Status: 1/12/2001 introduced.

*Indiana H 1042 (Author: Denbo)

Internet gambling. Prohibits a person from knowingly or intentionally engaging in gambling by means of the World Wide Web. Imposes class B misdemeanor penalties against violators. Prohibits a person who knowingly or intentionally engages by means of the World Wide Web in pool-selling, bookmaking, the conducting of lotteries and the practice of accepting or offering to accept, for profit, money or other property risked in gambling. Imposes class D felony penalties on violators. Permits a law-enforcement agency to serve notice on interactive computer service to discontinue service or refuse to furnish the service, facility, or equipment to a person using or who will use the service, facility or equipment to commit an offense under the act.

Status: 1/8/2001 introduced. Referred to House Committee on Public Policy, Ethics and Veteran Affairs.

*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. Authorizes 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. Referred to Senate Committee on Judiciary.

*Iowa H 13 (Author: Garman)

Internet gambling. Prohibits a person from gambling on the Internet and from engaging in pool-selling, bookmaking, or accepting money or other property risked in gambling on the World Wide Web. Creates four degrees of criminal penalties for engaging in illegal gaming ranging from a misdemeanor to a class C felony.

Status: 1/8/2001 introduced. Referred to House Committee on State Government.

*Massachusetts H 240 (Author: Scaccia)

Sports officials/assault. Makes it a criminal offense for a person to assault a sports official within the confines or immediate vicinity of the athletics facility at which the athletics contest is played. Imposes criminal penalties on violators of not more than two and one-half years in prison or by a fine of not more than $10,000.

Status: 1/3/2001 introduced. Referred to Joint Committee on Criminal Justice.

*Massachusetts H 294 (Author Scaccia)

Sports officials. Provides immunity for certain sports officials from civil liability for injuries or damages claimed to have arisen by virtue of actions or inactions related to officiating duties within the confines of the athletics facility at which the athletics contest is played.

Status: 1/3/2001 introduced. Referred to Joint Committee on Judiciary.

*Massachusetts H 421 (Author: Lewis)

Gender equity. Prohibits state higher education institutions from eliminating or reducing the number of scholarships, services or student opportunities of an intercollegiate athletics program solely to affect the overall ratio of male to female athletics participation at the institution.

Status: 1/3/2001 introduced.

*Massachusetts S 431 (Author: Morrissey)

Sports gambling. Exempts the buying and selling of pools or betting squares at a public or private location based on the outcome of the National Football League championship game, or the NCAA Division I Basketball Championship tournament from gambling activity under Massachusetts general laws.

Status: 1/3/2001 introduced.

*Missouri S 137 (Author: Wiggins)

Sports officials/assault. Creates the criminal offense of intimidating an athletics coach, manager or sports official based on the individual's role as a sports participant. Imposes class D felony penalties on violators.

Status: 1/3/2001 introduced.

*Missouri S 202 (Author: Wiggins)

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. Authorizes 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: 1/3/2001 introduced.

*Mississippi H 53 (Author: Chism)

High-school extracurricular/academic standards. Prohibits students who fail to maintain an average of 70 or higher in academic classes, other than honors classes, from participating in extracurricular activities. Requires that the suspension from extracurricular activities be at least three weeks in duration and cease after the student achieves at least a 70 average in each class during the suspension period.

Status: 1/2/2001 introduced. Referred to House Committee on Education.

*Mississippi H 343 (Author: Reeves)

High-school extracurricular/home school. Authorizes local school districts to permit home-school students to participate in extracurricular activities. Requires the home-school student to reside within the attendance boundaries of the school in which the student is seeking registration.

Status: 1/3/2001 introduced. Referred to House Committee on Education.

*Mississippi H 750 / S 2312 (Author: Watson & Eads / 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. Authorizes 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: H 750: 1/9/2001 introduced. Referred to House Committee on Judiciary A. S 2312: 1/9/2001 introduced. Referred to Senate Committee on Judiciary.

*Mississippi S 2194 (Author: Harden)

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

Status: 1/4/2001 introduced. Referred to Senate Committee on Finance.

*Mississippi S 2230 (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.

Status: 1/5/2001 introduced. Referred to Senate Committee on Universities and Colleges.

*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.

*North Dakota H 1054 (Author: Maragos)

Sports gambling. Excludes from the definition of gambling any lawful contest in which the entrant makes decisions based on the entrant's knowledge of the skill, speed, strength or endurance of others and in which the reward is made only to entrants or to the owners of entries.

Status: 1/9/2001 introduced. Referred to House Committee on Judiciary.

*New York A 85 / S 357 (Authors: Gromack/Morahan)

Athletics facilities. Prohibits the intentional placing of any object that appears to be or appears to contain an explosive device but is inoperative and is likely to cause public alarm or inconvenience. Imposes class E felony penalties on violators.

Status: A 85: 1/3/2001 introduced. Referred to Assembly Committee on Codes. S 357: 1/3/2001 introduced. Referred to Senate Committee on Codes.

*New York S 375 (Author: DeFrancisco)

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 registration 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: 1/3/2001 introduced. Referred to Senate Committee on Consumer Protection.

*New York S 445 (Author: Maltese)

Performance-enhancing substances. Makes it an unlawful practice for any retailer to sell or offer for sale the drug androstendione, commonly known as andro, without a prescription.

Status: 1/3/2001 introduced. Referred to Senate Committee on Consumer Protection.

*New York S 778 (Author: Goodman)

Tickets. Amends the existing statute regulating the sale of tickets to places of entertainment. Increases fines and penalties against violators. Permits only licensed vendors to resell tickets within 1,500 feet from the entertainment venue.

Status: 1/9/2001 introduced. Referred to Senate Committee on Investigations, Taxation, and Government Operations.

*Tennessee H 135 / S 22 (Author: Head / Cohen)

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 from those states with 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 by athlete agents. 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. Authorizes 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: H 135: 1/11/2001 filed. S 22: 1/11/2001 filed.

*Texas H 275 (Author: Berman)

Sports officials/assault. Creates criminal misdemeanor and felony offenses for assault against a referee, umpire, linesman, coach, instructor, administrator or staff member.

Status: 1/9/2001 introduced.

*Texas H 276 (Author: Berman)

Sports officials/assault. Limits a sports official's liability for civil damages arising from an act or omission that is related to his or her officiating the contest and that occurs in the facility where the contest is played.

Status: 1/9/2001 introduced.

*Utah H 67 (Author: Hogue)

Sports officials/assault. Modifies the state's criminal code by imposing criminal class A misdemeanor penalties against those committing an assault against a sports official.

Status: 1/15/2001.

*Virginia HJR 662 (Author: Tata)

Amateurism. Expresses the strong opposition of the General Assembly to the NCAA's pending amateurism deregulation proposals.

Status: 1/10/2001 introduced.


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