100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4157

 

Introduced , by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 305/1e-5 new
110 ILCS 520/8b.5 new
110 ILCS 660/5-102 new
110 ILCS 665/10-102 new
110 ILCS 670/15-102 new
110 ILCS 675/20-102 new
110 ILCS 680/25-102 new
110 ILCS 685/30-102 new
110 ILCS 690/35-102 new

    Amends various Acts relating to the governance of public universities in Illinois. Requires a public university to classify as an employee of the university a student who is an athlete of any of the top 3 financially profitable intercollegiate athletic programs at the university. Provides that the university shall pay the student athlete a minimum of $25,000 per academic year, but his or her work hours and work schedule are at the discretion of the university. Allows the university to classify as an employee of the university a student who is an athlete of any of the other intercollegiate athletic programs at the university, with his or her pay, work hours, and work schedule determined by the university. Sets forth provisions concerning collegiate and intercollegiate athletic associations and contractual agreements. Effective July 1, 2018.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4157LRB100 14930 NHT 29756 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The University of Illinois Act is amended by
5adding Section 1e-5 as follows:
 
6    (110 ILCS 305/1e-5 new)
7    Sec. 1e-5. Classification of student athlete as employee.
8    (a) The University shall classify as an employee of the
9University a student who is an athlete of any of the top 3
10financially profitable intercollegiate athletic programs at
11the University. The University shall pay the student athlete a
12minimum of $25,000 per academic year, but his or her work hours
13and work schedule are at the discretion of the University. The
14University may classify as an employee of the University a
15student who is an athlete of any of the other intercollegiate
16athletic programs at the University, with his or her pay, work
17hours, and work schedule determined by the University.
18    (b) No collegiate or intercollegiate athletic association
19may terminate the membership of the University because of the
20enactment or application of this Section, nor may any
21collegiate or intercollegiate association impose a penalty
22upon the University because of the enactment or application of
23this Section.

 

 

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1    (c) Beginning on the effective date of this amendatory Act
2of the 100th General Assembly, the University is prohibited
3from entering into, modifying, or renewing a contract that
4requires the University to administer an intercollegiate
5athletic program in such a manner as to violate this Section.
6However, if the University, before the effective date of this
7amendatory Act of the 100th General Assembly, has contractually
8agreed to administer an intercollegiate athletic program in
9such a manner as to violate this Section, this Section does not
10apply until the expiration of the contract.
 
11    Section 10. The Southern Illinois University Management
12Act is amended by adding Section 8b.5 as follows:
 
13    (110 ILCS 520/8b.5 new)
14    Sec. 8b.5. Classification of student athlete as employee.
15    (a) The University shall classify as an employee of the
16University a student who is an athlete of any of the top 3
17financially profitable intercollegiate athletic programs at
18the University. The University shall pay the student athlete a
19minimum of $25,000 per academic year, but his or her work hours
20and work schedule are at the discretion of the University. The
21University may classify as an employee of the University a
22student who is an athlete of any of the other intercollegiate
23athletic programs at the University, with his or her pay, work
24hours, and work schedule determined by the University.

 

 

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1    (b) No collegiate or intercollegiate athletic association
2may terminate the membership of the University because of the
3enactment or application of this Section, nor may any
4collegiate or intercollegiate association impose a penalty
5upon the University because of the enactment or application of
6this Section.
7    (c) Beginning on the effective date of this amendatory Act
8of the 100th General Assembly, the University is prohibited
9from entering into, modifying, or renewing a contract that
10requires the University to administer an intercollegiate
11athletic program in such a manner as to violate this Section.
12However, if the University, before the effective date of this
13amendatory Act of the 100th General Assembly, has contractually
14agreed to administer an intercollegiate athletic program in
15such a manner as to violate this Section, this Section does not
16apply until the expiration of the contract.
 
17    Section 15. The Chicago State University Law is amended by
18adding Section 5-102 as follows:
 
19    (110 ILCS 660/5-102 new)
20    Sec. 5-102. Classification of student athlete as employee.
21    (a) The University shall classify as an employee of the
22University a student who is an athlete of any of the top 3
23financially profitable intercollegiate athletic programs at
24the University. The University shall pay the student athlete a

 

 

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1minimum of $25,000 per academic year, but his or her work hours
2and work schedule are at the discretion of the University. The
3University may classify as an employee of the University a
4student who is an athlete of any of the other intercollegiate
5athletic programs at the University, with his or her pay, work
6hours, and work schedule determined by the University.
7    (b) No collegiate or intercollegiate athletic association
8may terminate the membership of the University because of the
9enactment or application of this Section, nor may any
10collegiate or intercollegiate association impose a penalty
11upon the University because of the enactment or application of
12this Section.
13    (c) Beginning on the effective date of this amendatory Act
14of the 100th General Assembly, the University is prohibited
15from entering into, modifying, or renewing a contract that
16requires the University to administer an intercollegiate
17athletic program in such a manner as to violate this Section.
18However, if the University, before the effective date of this
19amendatory Act of the 100th General Assembly, has contractually
20agreed to administer an intercollegiate athletic program in
21such a manner as to violate this Section, this Section does not
22apply until the expiration of the contract.
 
23    Section 20. The Eastern Illinois University Law is amended
24by adding Section 10-102 as follows:
 

 

 

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1    (110 ILCS 665/10-102 new)
2    Sec. 10-102. Classification of student athlete as
3employee.
4    (a) The University shall classify as an employee of the
5University a student who is an athlete of any of the top 3
6financially profitable intercollegiate athletic programs at
7the University. The University shall pay the student athlete a
8minimum of $25,000 per academic year, but his or her work hours
9and work schedule are at the discretion of the University. The
10University may classify as an employee of the University a
11student who is an athlete of any of the other intercollegiate
12athletic programs at the University, with his or her pay, work
13hours, and work schedule determined by the University.
14    (b) No collegiate or intercollegiate athletic association
15may terminate the membership of the University because of the
16enactment or application of this Section, nor may any
17collegiate or intercollegiate association impose a penalty
18upon the University because of the enactment or application of
19this Section.
20    (c) Beginning on the effective date of this amendatory Act
21of the 100th General Assembly, the University is prohibited
22from entering into, modifying, or renewing a contract that
23requires the University to administer an intercollegiate
24athletic program in such a manner as to violate this Section.
25However, if the University, before the effective date of this
26amendatory Act of the 100th General Assembly, has contractually

 

 

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1agreed to administer an intercollegiate athletic program in
2such a manner as to violate this Section, this Section does not
3apply until the expiration of the contract.
 
4    Section 25. The Governors State University Law is amended
5by adding Section 15-102 as follows:
 
6    (110 ILCS 670/15-102 new)
7    Sec. 15-102. Classification of student athlete as
8employee.
9    (a) The University shall classify as an employee of the
10University a student who is an athlete of any of the top 3
11financially profitable intercollegiate athletic programs at
12the University. The University shall pay the student athlete a
13minimum of $25,000 per academic year, but his or her work hours
14and work schedule are at the discretion of the University. The
15University may classify as an employee of the University a
16student who is an athlete of any of the other intercollegiate
17athletic programs at the University, with his or her pay, work
18hours, and work schedule determined by the University.
19    (b) No collegiate or intercollegiate athletic association
20may terminate the membership of the University because of the
21enactment or application of this Section, nor may any
22collegiate or intercollegiate association impose a penalty
23upon the University because of the enactment or application of
24this Section.

 

 

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1    (c) Beginning on the effective date of this amendatory Act
2of the 100th General Assembly, the University is prohibited
3from entering into, modifying, or renewing a contract that
4requires the University to administer an intercollegiate
5athletic program in such a manner as to violate this Section.
6However, if the University, before the effective date of this
7amendatory Act of the 100th General Assembly, has contractually
8agreed to administer an intercollegiate athletic program in
9such a manner as to violate this Section, this Section does not
10apply until the expiration of the contract.
 
11    Section 30. The Illinois State University Law is amended by
12adding Section 20-102 as follows:
 
13    (110 ILCS 675/20-102 new)
14    Sec. 20-102. Classification of student athlete as
15employee.
16    (a) The University shall classify as an employee of the
17University a student who is an athlete of any of the top 3
18financially profitable intercollegiate athletic programs at
19the University. The University shall pay the student athlete a
20minimum of $25,000 per academic year, but his or her work hours
21and work schedule are at the discretion of the University. The
22University may classify as an employee of the University a
23student who is an athlete of any of the other intercollegiate
24athletic programs at the University, with his or her pay, work

 

 

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1hours, and work schedule determined by the University.
2    (b) No collegiate or intercollegiate athletic association
3may terminate the membership of the University because of the
4enactment or application of this Section, nor may any
5collegiate or intercollegiate association impose a penalty
6upon the University because of the enactment or application of
7this Section.
8    (c) Beginning on the effective date of this amendatory Act
9of the 100th General Assembly, the University is prohibited
10from entering into, modifying, or renewing a contract that
11requires the University to administer an intercollegiate
12athletic program in such a manner as to violate this Section.
13However, if the University, before the effective date of this
14amendatory Act of the 100th General Assembly, has contractually
15agreed to administer an intercollegiate athletic program in
16such a manner as to violate this Section, this Section does not
17apply until the expiration of the contract.
 
18    Section 35. The Northeastern Illinois University Law is
19amended by adding Section 25-102 as follows:
 
20    (110 ILCS 680/25-102 new)
21    Sec. 25-102. Classification of student athlete as
22employee.
23    (a) The University shall classify as an employee of the
24University a student who is an athlete of any of the top 3

 

 

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1financially profitable intercollegiate athletic programs at
2the University. The University shall pay the student athlete a
3minimum of $25,000 per academic year, but his or her work hours
4and work schedule are at the discretion of the University. The
5University may classify as an employee of the University a
6student who is an athlete of any of the other intercollegiate
7athletic programs at the University, with his or her pay, work
8hours, and work schedule determined by the University.
9    (b) No collegiate or intercollegiate athletic association
10may terminate the membership of the University because of the
11enactment or application of this Section, nor may any
12collegiate or intercollegiate association impose a penalty
13upon the University because of the enactment or application of
14this Section.
15    (c) Beginning on the effective date of this amendatory Act
16of the 100th General Assembly, the University is prohibited
17from entering into, modifying, or renewing a contract that
18requires the University to administer an intercollegiate
19athletic program in such a manner as to violate this Section.
20However, if the University, before the effective date of this
21amendatory Act of the 100th General Assembly, has contractually
22agreed to administer an intercollegiate athletic program in
23such a manner as to violate this Section, this Section does not
24apply until the expiration of the contract.
 
25    Section 40. The Northern Illinois University Law is amended

 

 

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1by adding Section 30-102 as follows:
 
2    (110 ILCS 685/30-102 new)
3    Sec. 30-102. Classification of student athlete as
4employee.
5    (a) The University shall classify as an employee of the
6University a student who is an athlete of any of the top 3
7financially profitable intercollegiate athletic programs at
8the University. The University shall pay the student athlete a
9minimum of $25,000 per academic year, but his or her work hours
10and work schedule are at the discretion of the University. The
11University may classify as an employee of the University a
12student who is an athlete of any of the other intercollegiate
13athletic programs at the University, with his or her pay, work
14hours, and work schedule determined by the University.
15    (b) No collegiate or intercollegiate athletic association
16may terminate the membership of the University because of the
17enactment or application of this Section, nor may any
18collegiate or intercollegiate association impose a penalty
19upon the University because of the enactment or application of
20this Section.
21    (c) Beginning on the effective date of this amendatory Act
22of the 100th General Assembly, the University is prohibited
23from entering into, modifying, or renewing a contract that
24requires the University to administer an intercollegiate
25athletic program in such a manner as to violate this Section.

 

 

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1However, if the University, before the effective date of this
2amendatory Act of the 100th General Assembly, has contractually
3agreed to administer an intercollegiate athletic program in
4such a manner as to violate this Section, this Section does not
5apply until the expiration of the contract.
 
6    Section 45. The Western Illinois University Law is amended
7by adding Section 35-102 as follows:
 
8    (110 ILCS 690/35-102 new)
9    Sec. 35-102. Classification of student athlete as
10employee.
11    (a) The University shall classify as an employee of the
12University a student who is an athlete of any of the top 3
13financially profitable intercollegiate athletic programs at
14the University. The University shall pay the student athlete a
15minimum of $25,000 per academic year, but his or her work hours
16and work schedule are at the discretion of the University. The
17University may classify as an employee of the University a
18student who is an athlete of any of the other intercollegiate
19athletic programs at the University, with his or her pay, work
20hours, and work schedule determined by the University.
21    (b) No collegiate or intercollegiate athletic association
22may terminate the membership of the University because of the
23enactment or application of this Section, nor may any
24collegiate or intercollegiate association impose a penalty

 

 

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1upon the University because of the enactment or application of
2this Section.
3    (c) Beginning on the effective date of this amendatory Act
4of the 100th General Assembly, the University is prohibited
5from entering into, modifying, or renewing a contract that
6requires the University to administer an intercollegiate
7athletic program in such a manner as to violate this Section.
8However, if the University, before the effective date of this
9amendatory Act of the 100th General Assembly, has contractually
10agreed to administer an intercollegiate athletic program in
11such a manner as to violate this Section, this Section does not
12apply until the expiration of the contract.
 
13    Section 99. Effective date. This Act takes effect July 1,
142018.