NCAA GOVERNMENT RELATIONS REPORT

 

Executive Summary of Legislative Issues

[See Attachment for detail of each item.]

 

 

1.      Agenda for the 108th Congress.  The focus of Congress over the next several months will shift from an economic stimulus plan and war with Iraq to the appropriations process, Medicare reform, judicial nominees, and energy legislation. The Republicans are currently in control of both the Senate and the House of Representatives with Senator Bill Frist (R-TN) serving as the majority leader and Representative Dennis Hastert (R-IL) as the Speaker of the House. The race for the Democratic nomination for President has begun in earnest with nine nominees in the field, including four current Senators and two current Representatives. NCAA government relations staff will continue to educate members of Congress regarding the issues set out in this report that have an important impact on student-athletes.

 

 

2.      State and Federal Regulation of Athlete Agents.

 

a.      State Efforts:  To date, 25 jurisdictions have passed the UAAA, and eight additional states have considered UAAA legislation.  During 2003, the UAAA has been passed in Maryland, Texas, Kansas, North Dakota, Montana, Kentucky, Georgia and Oklahoma.  The UAAA has also passed out of both chambers in New York and has been sent to the Governor to be signed into law.  NCAA staff will continue to work with the National Conference of Commissioners on Uniform State Laws (NCCUSL) to pass the UAAA in additional states during the remainder of 2003.

 

b.      Federal Efforts: The Sports Agent Responsibility and Trust Act (SPARTA) was passed by the House of Representatives on June 4, 2003.  Sponsored by Representative Bart Gordon (D-TN), the legislation provides a “federal backstop” in those states that have not yet passed the state model law.  Additionally, it includes a “Sense of Congress” section that directly supports passage of the important registration requirements in the UAAA and does not preempt or conflict with the state model law.  Senator Ron Wyden (D-OR) introduced a companion bill in the Senate on June 3, 2003. 

 

 

3.      Internet Gambling. Representative Spencer Bachus (R-AL) introduced the Unlawful Internet Gambling Funding Prohibition Act on May 19, 2003.  The bill was passed by the U.S. House of Representatives on June 10, 2003. Senator Jon Kyl (R-AZ) introduced similar legislation in the Senate, which is under consideration in the Committee on Banking, Housing and Urban Affairs. The NCAA will push for the strongest possible bill to curb the damaging effects of Internet gambling on collegiate sports.

  

4.      Controlled Substances. Representatives Sweeney (R-NY) and Osborne (R-NE) reintroduced the Anabolic Steroid Precursor Control and Health Education Act early in the 2003 legislative session.  The bill is currently under consideration in three separate committees, including the Committees on Energy and Commerce, Judiciary and Education and the Workforce.

 

Representative Sweeney (R-NY) has also introduced the Ephedra Public Protection Act in March 2003.  The legislation would amend the Federal Food, Drug, and Cosmetic Act to reclassify dietary supplements as unsafe until they receive pre-market approval by the Secretary of Health and Human Services.  The bill is currently under consideration in the House Committee on Energy and Commerce.

 

 

5.      Title IX.  The Department of Education’s Commission on Opportunity in Athletics report on suggested reforms to Title IX was presented to Secretary of Education Paige in late February 2003.  On July 11, 2003, Gerald Reynolds, Assistant Secretary for Civil Rights, issued a clarification letter stating that each of the three prongs of the test for compliance with Title IX are a valid, alternative way for schools to comply with Title IX.  The letter also states that the Office of Civil Rights (OCR) will undertake an education campaign to help institutions better understand the flexibility of the law and to provide schools with technical assistance as needed.   In addition, the letter also emphasizes that cutting men’s sports to meet the first prong of the test is a disfavored practice.  NCAA staff will continue to act as an information resource and provide information to government officials to support the intent and goals of Title IX.

 

On June 11, 2003, U.S. District Judge Emmit Sullivan dismissed a lawsuit brought by the National Wrestling Coaches Association against the U.S. Department of Education that challenged the enforcement of Title IX.  Judge Sullivan ruled that the plaintiffs failed to meet their burden of persuasion that they are the proper parties to be asserting the claims that they raise.  Attorneys for the plaintiffs have commented that they plan to appeal.

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6.      Stadium Flyovers.  Representative Harold Rogers (R-KY), chair of the Appropriations Subcommittee on Homeland Security, added a provision to the fiscal 2003 omnibus appropriations bill that bars Federal Aviation Administration from allowing small planes to tow banners over stadiums for one year, unless the venue owner approves.  NCAA staff will continue to work within the sports coalition and monitor further activity on the flyover issue.

7.      Other State Issues.

 

a.     California.  Senator Kevin Murray (D-Los Angeles) introduced the Student-Athletes’ Bill of Rights, SB 193, which would bar in-state colleges and universities from abiding by the NCAA’s rules on scholarships, health insurance, agent relationships, and enforcement actions and would effectively pull all California universities and colleges out of the NCAA. The California Senate passed SB 193 on May 29, 2003.  The Assembly’s Higher Education Committee held a hearing on SB 193 on July 8, 2003 and committee members decided to hold the legislation in their committee and seek additional information.  The Committee will next consider the legislation during the 2004 session.  Several members of the committee expressed strong concerns regarding various NCAA rules.  NCAA participated in the hearing and has worked actively in California to educate state legislators about the harmful consequences of the bill.  The legislation has attracted opposition from the California member institutions, the conferences with California members, and the state associations representing the California schools, among others.  NCAA staff will continue to work closely with its California member institutions and continue to provide information and resources to California legislators to defeat the bill.

 

b.      Delaware.  During 2003, The Delaware General Assembly considered a study committee report regarding the feasibility of instituting sports wagering in the state.  NCAA staff and a coalition of the professional sports leagues worked effectively to oppose the possibility of sports wagering in Delaware.  No legislation proposing sports wagering in the state was introduced and no further action was taken prior to adjournment of the legislature at the end of June. 

 

 

8.      Higher Education Associations.  NCAA government relations staff will continue to work closely with the American Council on Education (ACE), the National Association of State Universities and Land Grant Colleges (NASULGC) and other organizations representing the interests of higher education.  The NCAA staff will continue to share information and support on issues of common interest.  Both ACE and NASULGC continue to be helpful in supporting the NCAA’s legislative agenda.