|
Rep. Kambium Buckner
Filed: 3/25/2022
| | 10200HB1175ham001 | | LRB102 03191 RJT 38022 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 1175
|
2 | | AMENDMENT NO. ______. Amend House Bill 1175 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Student-Athlete Endorsement Rights Act is |
5 | | amended by changing Sections 5, 10, 15, 20, and 25 and by |
6 | | adding Section 22 as follows: |
7 | | (110 ILCS 190/5)
|
8 | | Sec. 5. Definitions. In this Act: |
9 | | "Booster" means a person or entity that has made, within |
10 | | the past 5 years, a financial contribution in an amount |
11 | | greater than $1,000 to a postsecondary educational |
12 | | institution's athletics department or an athletics booster |
13 | | organization of that institution. The purchase of season or |
14 | | single game tickets to any athletics event is not a financial |
15 | | contribution for purposes of determining whether an individual |
16 | | or entity is a booster. |
|
| | 10200HB1175ham001 | - 2 - | LRB102 03191 RJT 38022 a |
|
|
1 | | "Compensation" means anything of value, monetary or |
2 | | otherwise, including, but not limited to, cash, gifts, in-kind |
3 | | items of value, social media compensation, payments for |
4 | | licensing or use of publicity rights, payments for other |
5 | | intellectual or intangible property rights under federal or |
6 | | State law, and any other form of payment or remuneration, |
7 | | except as excluded under this Act. "Compensation" shall not |
8 | | include: |
9 | | (1) tuition, room, board, books, fees, and personal |
10 | | expenses that a postsecondary educational institution |
11 | | provides to a student-athlete in accordance with the rules |
12 | | of the athletic association or conference of which the |
13 | | postsecondary educational institution is a member; |
14 | | (2) Federal Pell Grants and other State and federal |
15 | | grants or scholarships unrelated to, and not awarded |
16 | | because of a student-athlete's participation in |
17 | | intercollegiate athletics or sports competition; |
18 | | (3) any other financial aid, benefits, or awards that |
19 | | a postsecondary educational institution provides to a |
20 | | student-athlete in accordance with the rules of the |
21 | | athletic association or conference of which the |
22 | | postsecondary educational institution is a member; or |
23 | | (4) the payment of wages and benefits to a |
24 | | student-athlete for work actually performed (but not for |
25 | | athletic ability or participation in intercollegiate |
26 | | athletics) at a rate commensurate with the prevailing rate |
|
| | 10200HB1175ham001 | - 3 - | LRB102 03191 RJT 38022 a |
|
|
1 | | for similar work in the locality of the student-athlete's |
2 | | postsecondary educational institution. |
3 | | "Enrolled" means registered for courses or attending |
4 | | athletic practice or class at a postsecondary educational |
5 | | institution. |
6 | | "Image" means any visual depiction, including, but not |
7 | | limited to, photograph, digital image, rendering, and video. |
8 | | "Intercollegiate athletics program" means an |
9 | | intercollegiate athletics program played at the collegiate |
10 | | level for which eligibility requirements for participation by |
11 | | a student-athlete are established by a national association |
12 | | for the promotion or regulation of collegiate athletics. |
13 | | "Likeness" means a physical, digital, rendering, or other |
14 | | depiction or representation of a student-athlete, including a |
15 | | student-athlete's uniform number or signature, that reasonably |
16 | | identifies the student-athlete with particularity and is not |
17 | | reasonably considered to be a generic representation of a |
18 | | member of an intercollegiate athletics program . |
19 | | "Name" means the first or last name or the nickname of a |
20 | | student-athlete when used in a context that reasonably |
21 | | identifies the student-athlete with particularity. |
22 | | "Name, image, and likeness agreement" or "publicity rights |
23 | | agreement" means a contract or other written or oral |
24 | | arrangement between a student-athlete and a third party |
25 | | licensee regarding the use of the name, image, likeness, or |
26 | | voice of the student-athlete. |
|
| | 10200HB1175ham001 | - 4 - | LRB102 03191 RJT 38022 a |
|
|
1 | | "Publicity right" means any right that (i) is licensed |
2 | | under a publicity rights agreement or (ii) is recognized under |
3 | | a federal or State law that permits an individual to control |
4 | | and benefit from the commercial use of the name, image, |
5 | | likeness, or voice of the individual. |
6 | | "Postsecondary educational institution" means a public |
7 | | university or community college or private university or |
8 | | college. |
9 | | "Social media compensation" means all forms of payment for |
10 | | engagement on social media received by a student-athlete as a |
11 | | result of the use of that student-athlete's name, image, |
12 | | likeness, or voice. |
13 | | "Student-athlete" means a student currently enrolled at a |
14 | | postsecondary educational institution who engages in, is |
15 | | eligible to engage in, or may be eligible in the future to |
16 | | engage in, an intercollegiate athletics program at a |
17 | | postsecondary educational institution. If an individual is |
18 | | permanently ineligible to participate in a particular |
19 | | intercollegiate sport, the individual is not a student-athlete |
20 | | for purposes of that sport. |
21 | | "Third party licensee" means any individual or entity that |
22 | | licenses publicity rights or the use of name, image, likeness, |
23 | | or voice from any prospective or current student-athlete or |
24 | | group of student-athletes. "Third party licensee" shall not |
25 | | include any national association for the promotion or |
26 | | regulation of collegiate athletics, athletics conference, or |
|
| | 10200HB1175ham001 | - 5 - | LRB102 03191 RJT 38022 a |
|
|
1 | | postsecondary educational institution.
|
2 | | (Source: P.A. 102-42, eff. 7-1-21.) |
3 | | (110 ILCS 190/10)
|
4 | | Sec. 10. Compensation. Except as provided in Section 15: |
5 | | (1) A student-athlete may earn compensation, |
6 | | commensurate with market value, for the use of the name, |
7 | | image, likeness, or voice of the student-athlete while |
8 | | enrolled at a postsecondary educational institution and |
9 | | obtain and retain an a certified agent for any matter or |
10 | | activity relating to such compensation. |
11 | | (2) A student-athlete may not earn compensation in |
12 | | exchange for the student-athlete's athletic ability or |
13 | | participation in intercollegiate athletics or sports |
14 | | competition or agreement or willingness to attend a |
15 | | postsecondary educational institution. |
16 | | (3) Notwithstanding any other provision of law or |
17 | | agreement to the contrary, a student-athlete shall not be |
18 | | deemed an employee, agent, or independent contractor of an |
19 | | association, a conference, or a postsecondary educational |
20 | | institution based on the student-athlete's participation |
21 | | in an intercollegiate athletics program.
|
22 | | (Source: P.A. 102-42, eff. 7-1-21.) |
23 | | (110 ILCS 190/15)
|
24 | | Sec. 15. Postsecondary educational institutions; |
|
| | 10200HB1175ham001 | - 6 - | LRB102 03191 RJT 38022 a |
|
|
1 | | limitations; prohibitions. |
2 | | (a) Except as provided in this Act, a postsecondary |
3 | | educational institution shall not uphold any contract, rule, |
4 | | regulation, standard, or other requirement that prevents a |
5 | | student-athlete of that institution from earning compensation |
6 | | as a result of the use of the student-athlete's name, image, |
7 | | likeness, or voice. Any such contract, rule, regulation, |
8 | | standard, or other requirement shall be void and unenforceable |
9 | | against the postsecondary educational institution or the |
10 | | student-athlete. Compensation from the use of a |
11 | | student-athlete's name, image, likeness, or voice may not |
12 | | affect the student-athlete's scholarship eligibility, |
13 | | grant-in-aid, or other financial aid, awards or benefits, or |
14 | | the student-athlete's intercollegiate athletic eligibility. |
15 | | Nothing in this Act is intended to alter any State or federal |
16 | | laws, rules, or regulations regarding the award of financial |
17 | | aid at postsecondary educational institutions. |
18 | | (b) Except as provided in this Act, an athletic |
19 | | association, conference, or other group or organization with |
20 | | authority over intercollegiate athletic programs, including, |
21 | | but not limited to, the National Collegiate Athletic |
22 | | Association, the National Association of Intercollegiate |
23 | | Athletics, and the National Junior College Athletic |
24 | | Association, shall not prevent, or otherwise enforce a |
25 | | contract, rule, regulation, standard, or other requirement |
26 | | that prevents a student-athlete at a postsecondary educational |
|
| | 10200HB1175ham001 | - 7 - | LRB102 03191 RJT 38022 a |
|
|
1 | | institution from earning compensation as a result of the use |
2 | | of the student-athlete's name, image, likeness, or voice. |
3 | | (c) To protect the integrity of its educational mission |
4 | | and intercollegiate athletics program, a postsecondary |
5 | | educational institution may impose reasonable limitations on |
6 | | the dates and time that a student-athlete may participate in |
7 | | endorsement, promotional, social media, or other activities |
8 | | related to the license or use of the student-athlete's name, |
9 | | image, likeness, or voice. Nothing in this Act shall restrict |
10 | | a postsecondary educational institution from exercising its |
11 | | sole discretion to control the authorized use of its marks or |
12 | | logos or to determine a student-athlete's apparel, gear, or |
13 | | other wearables during an intercollegiate athletics |
14 | | competition or institution-sponsored event. A student-athlete |
15 | | may not receive or enter into a contract for compensation for |
16 | | the use of the student-athlete's name, image, likeness, or |
17 | | voice in a way that also uses any registered or licensed marks, |
18 | | logos, verbiage, name, or designs of a postsecondary |
19 | | educational institution, unless the postsecondary educational |
20 | | institution has provided the student-athlete with written |
21 | | permission to do so prior to execution of the contract or |
22 | | receipt of compensation. If permission is granted to the |
23 | | student-athlete, the postsecondary educational institution, by |
24 | | an agreement of all of the parties, may be compensated for the |
25 | | use in a manner consistent with market rates. A postsecondary |
26 | | educational institution may also prohibit a student-athlete |
|
| | 10200HB1175ham001 | - 8 - | LRB102 03191 RJT 38022 a |
|
|
1 | | from wearing any item of clothing, shoes, or other gear or |
2 | | wearables with the name, logo, or insignia of any entity |
3 | | during an intercollegiate athletics competition or |
4 | | institution-sponsored event. |
5 | | (d) An athletic association, conference, or other group or |
6 | | organization with authority over intercollegiate athletics |
7 | | programs, including, but not limited to, the National |
8 | | Collegiate Athletic Association, the National Association of |
9 | | Intercollegiate Athletics, and the National Junior College |
10 | | Athletic Association, shall not enforce a contract, rule, |
11 | | regulation, standard, or other requirement that prevents a |
12 | | postsecondary educational institution from participating in an |
13 | | intercollegiate athletics program as a result of the |
14 | | compensation of a student-athlete for the use of the |
15 | | student-athlete's name, image, likeness, or voice. |
16 | | (e) A postsecondary educational institution, athletic |
17 | | association, conference, or other group or organization with |
18 | | authority over intercollegiate athletics programs, including, |
19 | | but not limited to, the National Collegiate Athletic |
20 | | Association, the National Association of Intercollegiate |
21 | | Athletics, and the National Junior College Athletic |
22 | | Association, shall not directly or indirectly: |
23 | | (1) enter into, or offer to enter into, a publicity |
24 | | rights agreement with a prospective or current |
25 | | student-athlete; or |
26 | | (2) provide a prospective or current student-athlete |
|
| | 10200HB1175ham001 | - 9 - | LRB102 03191 RJT 38022 a |
|
|
1 | | or the student-athlete's family compensation in relation |
2 | | to the use of the student-athlete's name, image, likeness, |
3 | | or voice. |
4 | | (f) A postsecondary educational institution, athletic |
5 | | association, conference, or other group or organization with |
6 | | authority over intercollegiate athletics programs, including, |
7 | | but not limited to, the National Collegiate Athletic |
8 | | Association, the National Association of Intercollegiate |
9 | | Athletics, and the National Junior College Athletic |
10 | | Association, shall not prevent a student-athlete from |
11 | | obtaining professional representation for purposes of this Act |
12 | | in relation to name, image, likeness, or voice, or to secure a |
13 | | publicity rights agreement, including, but not limited to, |
14 | | representation provided by athlete agents or legal |
15 | | representation provided by attorneys. A student-athlete shall |
16 | | provide the postsecondary educational institution with written |
17 | | notice and a copy of the agreement in the manner and at a time |
18 | | prescribed by the institution within 7 days of entering into a |
19 | | representation agreement with any individual for the purpose |
20 | | of exploring or securing compensation for use of the |
21 | | student-athlete's name, image, likeness, or voice .
|
22 | | (Source: P.A. 102-42, eff. 7-1-21.) |
23 | | (110 ILCS 190/20)
|
24 | | Sec. 20. Agents; publicity rights; third party licensees. |
25 | | (a) An agent, legal representative, or other professional |
|
| | 10200HB1175ham001 | - 10 - | LRB102 03191 RJT 38022 a |
|
|
1 | | service provider offering services to a student-athlete shall, |
2 | | to the extent required, comply with the federal Sports Agent |
3 | | Responsibility and Trust Act and any other applicable laws, |
4 | | rules, or regulations. |
5 | | (b) A grant-in-aid, including cost of attendance, and |
6 | | other permissible financial aid, awards, or benefits from the |
7 | | postsecondary educational institution in which a |
8 | | student-athlete is enrolled shall not be revoked, reduced, nor |
9 | | the terms and conditions altered, as a result of a |
10 | | student-athlete earning compensation or obtaining professional |
11 | | or legal representation pursuant to this Act. |
12 | | (c) A student-athlete shall disclose to the postsecondary |
13 | | educational institution in which the student is enrolled, in a |
14 | | manner and time prescribed by the institution, the existence |
15 | | and substance of all publicity rights agreements. Publicity |
16 | | rights agreements that contemplate cash or other compensation |
17 | | to the student-athlete that is equal to or in excess of a value |
18 | | of $500 shall be formalized into in a written contract, and the |
19 | | contract shall be provided to the postsecondary educational |
20 | | institution in the manner and at a time prescribed by the |
21 | | institution which the student is enrolled prior to the |
22 | | execution of the agreement and before any compensation is |
23 | | provided to the student-athlete . |
24 | | (d) A student-athlete may not enter into a publicity |
25 | | rights agreement or otherwise receive compensation for that |
26 | | student-athlete's name, image, likeness, or voice for services |
|
| | 10200HB1175ham001 | - 11 - | LRB102 03191 RJT 38022 a |
|
|
1 | | rendered or performed while that student-athlete is |
2 | | participating in activities sanctioned by that |
3 | | student-athlete's postsecondary educational institution if |
4 | | such services or performance by the student-athlete would |
5 | | conflict with a provision in a contract, rule, regulation, |
6 | | standard, or other requirement of the postsecondary |
7 | | educational institution. |
8 | | (e) No booster, third party licensee, or any other |
9 | | individual or entity, shall provide or directly or indirectly |
10 | | arrange for a third party to provide compensation to a |
11 | | prospective or current student-athlete or enter into, or |
12 | | directly or indirectly arrange for a third party to enter |
13 | | into, a publicity rights agreement as an inducement for the |
14 | | student-athlete to attend or enroll in a specific institution |
15 | | or group of institutions. Compensation for a student-athlete's |
16 | | name, image, likeness, or voice shall not be conditioned on |
17 | | athletic performance or attendance at a particular |
18 | | postsecondary educational institution. |
19 | | (f) A postsecondary educational institution may fund an |
20 | | independent, third-party administrator to support education, |
21 | | monitoring, disclosures, and reporting concerning name, image, |
22 | | likeness, or voice activities by student-athletes authorized |
23 | | pursuant to this Act. A third-party administrator cannot be a |
24 | | registered athlete agent. |
25 | | (g) No postsecondary educational institution shall provide |
26 | | or directly or indirectly arrange for a third party to provide |
|
| | 10200HB1175ham001 | - 12 - | LRB102 03191 RJT 38022 a |
|
|
1 | | compensation to a prospective or current student-athlete or |
2 | | enter into , or directly or indirectly arrange for a third |
3 | | party to enter into, a publicity rights agreement with a |
4 | | prospective or current student-athlete. Nothing in this Act |
5 | | shall require a postsecondary educational institution to |
6 | | directly or indirectly identify, create, facilitate, arrange, |
7 | | negotiate, or otherwise enable opportunities for a prospective |
8 | | or current student-athlete to enter into a publicity rights |
9 | | agreement with a third party. |
10 | | (h) No student-athlete shall enter into a publicity rights |
11 | | agreement or receive compensation from a third party licensee |
12 | | relating to the name, image, likeness, or voice of the |
13 | | student-athlete before the date on which the student-athlete |
14 | | enrolls at a postsecondary educational institution. |
15 | | (i) No student-athlete shall enter into a publicity rights |
16 | | agreement or receive compensation from a third party licensee |
17 | | for the endorsement or promotion of gambling, sports betting, |
18 | | controlled substances, cannabis, a tobacco or alcohol company, |
19 | | brand, or products, alternative or electronic nicotine product |
20 | | or delivery system, performance-enhancing supplements, adult |
21 | | entertainment, or any other product or service that is |
22 | | reasonably considered to be inconsistent with the values or |
23 | | mission of a postsecondary educational institution or that |
24 | | negatively impacts or reflects adversely on a postsecondary |
25 | | educational institution or its athletic programs, including, |
26 | | but not limited to, bringing about public disrepute, |
|
| | 10200HB1175ham001 | - 13 - | LRB102 03191 RJT 38022 a |
|
|
1 | | embarrassment, scandal, ridicule, or otherwise negatively |
2 | | impacting the reputation or the moral or ethical standards of |
3 | | the postsecondary educational institution.
|
4 | | (Source: P.A. 102-42, eff. 7-1-21; 102-687, eff. 12-17-21.) |
5 | | (110 ILCS 190/22 new) |
6 | | Sec. 22. Educational programming. Postsecondary |
7 | | educational institutions are encouraged to provide financial |
8 | | literacy, brand management, and life skills programming |
9 | | designed for student athletes. The programming may include |
10 | | information on time management skills necessary for success as |
11 | | a student athlete and available academic resources. Marketing, |
12 | | advertising, referral, or solicitation information by |
13 | | providers of financial products or services may not be |
14 | | included in such programming. |
15 | | (110 ILCS 190/25)
|
16 | | Sec. 25. Term of student-athlete contract. A contract or |
17 | | representation agreement relating to for the use of the |
18 | | student-athlete's name, image, likeness, or voice that is |
19 | | entered into while the student-athlete is participating in an |
20 | | intercollegiate sport at a postsecondary educational |
21 | | institution may not extend beyond the student-athlete's |
22 | | participation in the sport at an the institution.
|
23 | | (Source: P.A. 102-42, eff. 7-1-21.)".
|