NCAA News Archive - 2001

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State legislation report


Apr 9, 2001 9:14:25 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 27 bills from 16 states. The report includes 14 bills that have been recently introduced and 13 pending bills where legislative action has occurred since the publication of the April 9, 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 April 9, 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. 11

Athletics boosters. 1

Athletics facilities. 5

Athletic trainers. 2

Gambling. 1

Scheduling of athletics contests 1

Sports officials 5

Tickets. 1

Two bills were enacted and one resolution was adopted since the last report. In Montana, the governor signed legislation to expand the exemption from coverage under the workers' compensation act to include officials employed at all amateur athletics events. In Nevada, a resolution was approved by the House and Senate that urges the U.S. Congress to refrain from enacting a measure to repeal the exemption that permits Nevada to license and regulate sports wagering on college sporting events. In Utah, the Uniform Athlete Agent Act was adopted.

Alabama H 105

(Author: Allen)

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. 3/7/2001 passed as amended by House.

Alabama H 214

(Author: Hogan)

Athletic trainers. Provides for the continuation of the Alabama Board of Athletic Trainers.

Status: 2/6/2001 introduced. 3/15/2001 passed House. 3/22/2001 reported favorably by Senate Committee on Fiscal Responsibility and Accountability.

*Alabama H 641

(Author: Allen)

Athletics boosters/recruitment. Makes it a crime for an athletics booster to provide anything of value to a student-athlete, or anyone else, to influence the student-athlete to attend a particular college or university. Establishes misdemeanor and felony penalties.

Status: 3/15/2001 introduced. Referred to House Committee on Judiciary.

Alabama S 299

(Author: Smitherman)

Sports officials. Increases the punishment for the crimes of harassment, menacing and assault in the first, second and third degree if the crimes are committed against a sports official performing official duties at a sporting event.

Status: 2/15/2001 introduced. 3/13/2001 reported favorably by Senate Committee on Judiciary.

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. 3/14/2001 passed as amended by Senate. 3/22/2001 House concurred in Senate amendments.

Arkansas S 394

(Author: Malone)

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: 2/5/2001 introduced. 3/14/2001 passed as amended by Senate. 3/20/2001 passed House Committee on Education.

*Florida H 1477 / S 2066

(Authors: Benson / King)

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 1477: 3/19/2001 introduced. S 2066: 3/21/2001 introduced.

*Hawaii HR 66/HCR 66

(Authors: Kawakami/Kawakami)

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

Status: HR 66/HCR 66: 3/13/2001 introduced. 3/14/2001 referred to House Committee on Higher Education.

*Hawaii SR 75/SCR 101

(Authors: Taniguchi/Taniguchi)

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

Status: SR 75/SCR 101: 3/15/2001 introduced. 3/16/2001 referred to Senate Committee on Economic Development and Technology. Additionally referred to Senate Committee on Education.

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. 3/13/2001 passed House. 3/20/2001 passed Senate Committee on Judiciary and Rules.

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. 3/16/2001 passed House.

Illinois H 375

(Author: Ryder)

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: 1/30/2001 introduced. 3/15/2001 passed House Committee on Registration and Regulation.

*Iowa SSB 483

(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: 3/19/2001 introduced.

*Michigan H 4470 (Author: Hale)

Athlete agents. Applies to contracts between athletes and athlete agents. Requires the athlete agent to provide a disclosure statement at least seven business days before the date of execution of the agent contract. Prescribes certain provisions that must be contained in an agent contracts. Establishes misdemeanor criminal penalties for violators. Provides for a civil action by the athlete against the athlete agent under certain circumstances.

Status: 3/15/2001 introduced. Referred to House Committee on Commerce.

*Minnesota H 2154 (Author: Kahn)

Tickets. Repeals the law prohibiting ticket scalping.

Status: 3/22/2001 introduced. Referred to House Committee on Crime Prevention.

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. 3/15/2001 Senate refused to concur in House amendments. Referred to Conference Committee.

*Missouri H 973

(Author: Hollingsworth)

Sports officials. Creates a felony of intimidation of an athletics coach, manager or sports official. Imposes class D felony penalties on violators.

Status: 3/13/2001 introduction.

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. 3/16/2001 signed by governor.

Nevada AJR 2

(Author: Perkins)

Gambling. Urges Congress to refrain from enacting a measure to repeal the exemption that permits Nevada to license and regulate sports wagering on college sporting events.

Status: 2/15/2001 introduced. 3/12/2001 passed as amended by Assembly. 3/22/2001 passed Senate.

*New Mexico HM 27

(Author: Boykin)

Scheduling of athletics contests. Requests that the University of Texas at El Paso reconsider its decision to cancel its 2001 football game with New Mexico State University.

Status: 3/13/2001 introduced. Referred to House Committee on Consumer and Public Affairs.

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. 3/13/2001 passed Senate Committee on Judiciary.

New Mexico S 400

(Author: Romero)

Sports officials. Creates criminal offenses for assault or battery upon a sports official. Prescribes felony penalties.

Status: 2/2/2001 introduced. 3/8/2001 passed as amended by Senate.

*New York S 3749

(Author: Stavisky)

Athletics facilities. Requires stadiums, arenas and convention centers with occupancy capacities for more than 5,000 people in cities with a population of more than 1 million persons to be equipped with automated external defibrillators.

Status: 3/21/2001 introduced. Referred to Senate Committee on Investigations, Taxation and Government Operations.

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. 3/19/2001 signed by governor.


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