101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3904

 

Introduced 10/17/2019, by Rep. Emanuel Chris Welch - La Shawn K. Ford - Michael J. Zalewski - Thaddeus Jones, Jehan Gordon-Booth, et al.

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Student Athlete Endorsement Act. Prohibits (i) an institution of higher learning from upholding any rule, requirement, standard, or other limitation that prevents a student athlete of that institution from earning compensation as a result of the use of the student's name, image, or likeness and earning compensation from the use of a student athlete's name, image, or likeness from affecting the student's scholarship eligibility; (ii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a student athlete of an institution from earning compensation as a result of the use of the student's name, image, or likeness; (iii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing an institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student's name, image, or likeness; and (iv) an institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective student athlete with compensation in relation to the athlete's name, image, or likeness. Sets forth provisions concerning professional representation and contracts. Effective January 1, 2023.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Student Athlete Endorsement Act.
 
6    Section 5. Definitions. In this Act:
7    "Institution" has the meaning given to that term under the
8Higher Education Student Assistance Act.
9    "Student athlete" means a student enrolled in an
10institution and participating in intercollegiate athletics.
 
11    Section 10. Student athlete compensation.
12    (a) An institution may not uphold any rule, requirement,
13standard, or other limitation that prevents a student athlete
14of that institution from earning compensation as a result of
15the use of the student athlete's name, image, or likeness.
16Earning compensation from the use of a student athlete's name,
17image, or likeness may not affect the student's scholarship
18eligibility.
19    (b) An athletic association, conference, or other group or
20organization with authority over intercollegiate athletics,
21including, but not limited to, the National Collegiate Athletic
22Association, may not prevent a student athlete of an

 

 

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1institution from earning compensation as a result of the use of
2the student's name, image, or likeness.
3    (c) An athletic association, conference, or other group or
4organization with authority over intercollegiate athletics,
5including, but not limited to, the National Collegiate Athletic
6Association, may not prevent an institution from participating
7in intercollegiate athletics as a result of the compensation of
8a student athlete for the use of the student's name, image, or
9likeness.
 
10    Section 15. No compensation for prospective student
11athlete. An institution, athletic association, conference, or
12other group or organization with authority over
13intercollegiate athletics may not provide a prospective
14student athlete with compensation in relation to the athlete's
15name, image, or likeness.
 
16    Section 20. Professional representation.
17    (a) An institution, athletic association, conference, or
18other group or organization with authority over
19intercollegiate athletics may not prevent a student athlete
20from obtaining professional representation in relation to a
21contract or legal matter, including, but not limited to,
22representation provided by an athlete agent or legal
23representation provided by an attorney.
24    (b) An athlete agent representing a student athlete shall

 

 

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1comply with the federal Sports Agent Responsibility and Trust
2Act in his or her relationship with the student athlete.
 
3    Section 25. Scholarships. A scholarship from the
4institution in which a student athlete is enrolled that
5provides the student with the cost of attendance at that
6institution is not compensation for purposes of this Act, and a
7scholarship may not be revoked as a result of earning
8compensation or obtaining legal representation pursuant to
9this Act.
 
10    Section 30. Contracts.
11    (a) A student athlete may not enter into a contract
12providing compensation to the athlete for use of the athlete's
13name, image, or likeness if a provision of the contract is in
14conflict with a provision of the athlete's team contract.
15    (b) A student athlete who enters into a contract providing
16compensation to the athlete for use of the athlete's name,
17image, or likeness shall disclose the contract to an official
18of the institution, to be designated by the institution.
19    (c) An institution asserting a conflict described in
20subsection (a) shall disclose to the student athlete or the
21athlete's legal representation the relevant contractual
22provision that is in conflict.
23    (d) A team contract of an institution's athletic program
24may not prevent a student athlete from using the athlete's

 

 

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1name, image, or likeness for a commercial purpose when the
2athlete is not engaged in official team activities. It is the
3intent of the General Assembly that this prohibition shall
4apply only to contracts entered into, modified, or renewed on
5or after the effective date of this Act.
 
6    Section 99. Effective date. This Act takes effect January
71, 2023.