HB3904ham001 101ST GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Adopted in House Comm. on Oct 29, 2019

10100HB3904ham001 LRB101 14512 NHT 64080 a

AMENDMENT TO HOUSE BILL 3904

AMENDMENT NO. ______. Amend House Bill 3904 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Student Athlete Endorsement Act.

Section 5. Definitions. In this Act:

"Institution" means a publicly or privately operated college or university located in this State that offers baccalaureate degrees.

"Student athlete" means a student enrolled in an institution and participating in intercollegiate athletics.

Section 10. Student athlete compensation.

(a) An institution may not uphold 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 athlete's name, image, or likeness. Earning compensation from the use of a student athlete's name, image, or likeness may not affect the student's scholarship eligibility.

(b) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, may not prevent a student athlete of an institution from earning compensation as a result of the use of the student's name, image, or likeness.

(c) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, may not prevent 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.

Section 15. No compensation for prospective student athlete. An institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics may not provide a prospective student athlete with compensation in relation to the athlete's name, image, or likeness.

Section 20. Professional representation.

(a) An institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics may not prevent a student athlete from obtaining professional representation in relation to a contract or legal matter, including, but not limited to, representation provided by an athlete agent or legal representation provided by an attorney.

(b) Professional representation provided by an athlete agent to a student athlete shall be by a person licensed pursuant to the Illinois Athlete Agents Act. An athlete agent representing a student athlete shall comply with the federal Sports Agent Responsibility and Trust Act in his or her relationship with the student athlete.

Section 25. Scholarships. A scholarship from the institution in which a student athlete is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this Act, and a scholarship may not be revoked as a result of earning compensation or obtaining legal representation pursuant to this Act.

Section 30. Contracts.

(a) A student athlete may not enter into a contract providing compensation to the athlete for use of the athlete's name, image, or likeness if a provision of the contract is in conflict with a provision of the athlete's team contract.

(b) A student athlete who enters into a contract providing compensation to the athlete for use of the athlete's name, image, or likeness shall disclose the contract to an official of the institution, to be designated by the institution.

(c) An institution asserting a conflict described in subsection (a) shall disclose to the student athlete or the athlete's legal representation the relevant contractual provision that is in conflict.

(d) A team contract of an institution's athletic program may not prevent a student athlete from using the athlete's name, image, or likeness for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the General Assembly that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the effective date of this Act.

Section 99. Effective date. This Act takes effect January 1, 2023.".