Illinois General Assembly - Full Text of HB1175
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Full Text of HB1175  102nd General Assembly

HB1175ham001 102ND GENERAL ASSEMBLY

Rep. Kambium Buckner

Filed: 3/25/2022

 

 


 

 


 
10200HB1175ham001LRB102 03191 RJT 38022 a

1
AMENDMENT TO HOUSE BILL 1175

2    AMENDMENT NO. ______. Amend House Bill 1175 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Student-Athlete Endorsement Rights Act is
5amended by changing Sections 5, 10, 15, 20, and 25 and by
6adding 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
10the past 5 years, a financial contribution in an amount
11greater than $1,000 to a postsecondary educational
12institution's athletics department or an athletics booster
13organization of that institution. The purchase of season or
14single game tickets to any athletics event is not a financial
15contribution for purposes of determining whether an individual
16or entity is a booster.

 

 

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1    "Compensation" means anything of value, monetary or
2otherwise, including, but not limited to, cash, gifts, in-kind
3items of value, social media compensation, payments for
4licensing or use of publicity rights, payments for other
5intellectual or intangible property rights under federal or
6State law, and any other form of payment or remuneration,
7except as excluded under this Act. "Compensation" shall not
8include:
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

 

 

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1    for similar work in the locality of the student-athlete's
2    postsecondary educational institution.
3    "Enrolled" means registered for courses or attending
4athletic practice or class at a postsecondary educational
5institution.
6    "Image" means any visual depiction, including, but not
7limited to, photograph, digital image, rendering, and video.
8    "Intercollegiate athletics program" means an
9intercollegiate athletics program played at the collegiate
10level for which eligibility requirements for participation by
11a student-athlete are established by a national association
12for the promotion or regulation of collegiate athletics.
13    "Likeness" means a physical, digital, rendering, or other
14depiction or representation of a student-athlete, including a
15student-athlete's uniform number or signature, that reasonably
16identifies the student-athlete with particularity and is not
17reasonably considered to be a generic representation of a
18member of an intercollegiate athletics program.
19    "Name" means the first or last name or the nickname of a
20student-athlete when used in a context that reasonably
21identifies the student-athlete with particularity.
22    "Name, image, and likeness agreement" or "publicity rights
23agreement" means a contract or other written or oral
24arrangement between a student-athlete and a third party
25licensee regarding the use of the name, image, likeness, or
26voice of the student-athlete.

 

 

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1    "Publicity right" means any right that (i) is licensed
2under a publicity rights agreement or (ii) is recognized under
3a federal or State law that permits an individual to control
4and benefit from the commercial use of the name, image,
5likeness, or voice of the individual.
6    "Postsecondary educational institution" means a public
7university or community college or private university or
8college.
9    "Social media compensation" means all forms of payment for
10engagement on social media received by a student-athlete as a
11result of the use of that student-athlete's name, image,
12likeness, or voice.
13    "Student-athlete" means a student currently enrolled at a
14postsecondary educational institution who engages in, is
15eligible to engage in, or may be eligible in the future to
16engage in, an intercollegiate athletics program at a
17postsecondary educational institution. If an individual is
18permanently ineligible to participate in a particular
19intercollegiate sport, the individual is not a student-athlete
20for purposes of that sport.
21    "Third party licensee" means any individual or entity that
22licenses publicity rights or the use of name, image, likeness,
23or voice from any prospective or current student-athlete or
24group of student-athletes. "Third party licensee" shall not
25include any national association for the promotion or
26regulation of collegiate athletics, athletics conference, or

 

 

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1postsecondary 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;

 

 

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1limitations; prohibitions.
2    (a) Except as provided in this Act, a postsecondary
3educational institution shall not uphold any contract, rule,
4regulation, standard, or other requirement that prevents a
5student-athlete of that institution from earning compensation
6as a result of the use of the student-athlete's name, image,
7likeness, or voice. Any such contract, rule, regulation,
8standard, or other requirement shall be void and unenforceable
9against the postsecondary educational institution or the
10student-athlete. Compensation from the use of a
11student-athlete's name, image, likeness, or voice may not
12affect the student-athlete's scholarship eligibility,
13grant-in-aid, or other financial aid, awards or benefits, or
14the student-athlete's intercollegiate athletic eligibility.
15Nothing in this Act is intended to alter any State or federal
16laws, rules, or regulations regarding the award of financial
17aid at postsecondary educational institutions.
18    (b) Except as provided in this Act, an athletic
19association, conference, or other group or organization with
20authority over intercollegiate athletic programs, including,
21but not limited to, the National Collegiate Athletic
22Association, the National Association of Intercollegiate
23Athletics, and the National Junior College Athletic
24Association, shall not prevent, or otherwise enforce a
25contract, rule, regulation, standard, or other requirement
26that prevents a student-athlete at a postsecondary educational

 

 

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1institution from earning compensation as a result of the use
2of the student-athlete's name, image, likeness, or voice.
3    (c) To protect the integrity of its educational mission
4and intercollegiate athletics program, a postsecondary
5educational institution may impose reasonable limitations on
6the dates and time that a student-athlete may participate in
7endorsement, promotional, social media, or other activities
8related to the license or use of the student-athlete's name,
9image, likeness, or voice. Nothing in this Act shall restrict
10a postsecondary educational institution from exercising its
11sole discretion to control the authorized use of its marks or
12logos or to determine a student-athlete's apparel, gear, or
13other wearables during an intercollegiate athletics
14competition or institution-sponsored event. A student-athlete
15may not receive or enter into a contract for compensation for
16the use of the student-athlete's name, image, likeness, or
17voice in a way that also uses any registered or licensed marks,
18logos, verbiage, name, or designs of a postsecondary
19educational institution, unless the postsecondary educational
20institution has provided the student-athlete with written
21permission to do so prior to execution of the contract or
22receipt of compensation. If permission is granted to the
23student-athlete, the postsecondary educational institution, by
24an agreement of all of the parties, may be compensated for the
25use in a manner consistent with market rates. A postsecondary
26educational institution may also prohibit a student-athlete

 

 

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1from wearing any item of clothing, shoes, or other gear or
2wearables with the name, logo, or insignia of any entity
3during an intercollegiate athletics competition or
4institution-sponsored event.
5    (d) An athletic association, conference, or other group or
6organization with authority over intercollegiate athletics
7programs, including, but not limited to, the National
8Collegiate Athletic Association, the National Association of
9Intercollegiate Athletics, and the National Junior College
10Athletic Association, shall not enforce a contract, rule,
11regulation, standard, or other requirement that prevents a
12postsecondary educational institution from participating in an
13intercollegiate athletics program as a result of the
14compensation of a student-athlete for the use of the
15student-athlete's name, image, likeness, or voice.
16    (e) A postsecondary educational institution, athletic
17association, conference, or other group or organization with
18authority over intercollegiate athletics programs, including,
19but not limited to, the National Collegiate Athletic
20Association, the National Association of Intercollegiate
21Athletics, and the National Junior College Athletic
22Association, 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

 

 

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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
5association, conference, or other group or organization with
6authority over intercollegiate athletics programs, including,
7but not limited to, the National Collegiate Athletic
8Association, the National Association of Intercollegiate
9Athletics, and the National Junior College Athletic
10Association, shall not prevent a student-athlete from
11obtaining professional representation for purposes of this Act
12in relation to name, image, likeness, or voice, or to secure a
13publicity rights agreement, including, but not limited to,
14representation provided by athlete agents or legal
15representation provided by attorneys. A student-athlete shall
16provide the postsecondary educational institution with written
17notice and a copy of the agreement in the manner and at a time
18prescribed by the institution within 7 days of entering into a
19representation agreement with any individual for the purpose
20of exploring or securing compensation for use of the
21student-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

 

 

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1service provider offering services to a student-athlete shall,
2to the extent required, comply with the federal Sports Agent
3Responsibility and Trust Act and any other applicable laws,
4rules, or regulations.
5    (b) A grant-in-aid, including cost of attendance, and
6other permissible financial aid, awards, or benefits from the
7postsecondary educational institution in which a
8student-athlete is enrolled shall not be revoked, reduced, nor
9the terms and conditions altered, as a result of a
10student-athlete earning compensation or obtaining professional
11or legal representation pursuant to this Act.
12    (c) A student-athlete shall disclose to the postsecondary
13educational institution in which the student is enrolled, in a
14manner and time prescribed by the institution, the existence
15and substance of all publicity rights agreements. Publicity
16rights agreements that contemplate cash or other compensation
17to the student-athlete that is equal to or in excess of a value
18of $500 shall be formalized into in a written contract, and the
19contract shall be provided to the postsecondary educational
20institution in the manner and at a time prescribed by the
21institution which the student is enrolled prior to the
22execution of the agreement and before any compensation is
23provided to the student-athlete.
24    (d) A student-athlete may not enter into a publicity
25rights agreement or otherwise receive compensation for that
26student-athlete's name, image, likeness, or voice for services

 

 

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1rendered or performed while that student-athlete is
2participating in activities sanctioned by that
3student-athlete's postsecondary educational institution if
4such services or performance by the student-athlete would
5conflict with a provision in a contract, rule, regulation,
6standard, or other requirement of the postsecondary
7educational institution.
8    (e) No booster, third party licensee, or any other
9individual or entity, shall provide or directly or indirectly
10arrange for a third party to provide compensation to a
11prospective or current student-athlete or enter into, or
12directly or indirectly arrange for a third party to enter
13into, a publicity rights agreement as an inducement for the
14student-athlete to attend or enroll in a specific institution
15or group of institutions. Compensation for a student-athlete's
16name, image, likeness, or voice shall not be conditioned on
17athletic performance or attendance at a particular
18postsecondary educational institution.
19    (f) A postsecondary educational institution may fund an
20independent, third-party administrator to support education,
21monitoring, disclosures, and reporting concerning name, image,
22likeness, or voice activities by student-athletes authorized
23pursuant to this Act. A third-party administrator cannot be a
24registered athlete agent.
25    (g) No postsecondary educational institution shall provide
26or directly or indirectly arrange for a third party to provide

 

 

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1compensation to a prospective or current student-athlete or
2enter into, or directly or indirectly arrange for a third
3party to enter into, a publicity rights agreement with a
4prospective or current student-athlete. Nothing in this Act
5shall require a postsecondary educational institution to
6directly or indirectly identify, create, facilitate, arrange,
7negotiate, or otherwise enable opportunities for a prospective
8or current student-athlete to enter into a publicity rights
9agreement with a third party.
10    (h) No student-athlete shall enter into a publicity rights
11agreement or receive compensation from a third party licensee
12relating to the name, image, likeness, or voice of the
13student-athlete before the date on which the student-athlete
14enrolls at a postsecondary educational institution.
15    (i) No student-athlete shall enter into a publicity rights
16agreement or receive compensation from a third party licensee
17for the endorsement or promotion of gambling, sports betting,
18controlled substances, cannabis, a tobacco or alcohol company,
19brand, or products, alternative or electronic nicotine product
20or delivery system, performance-enhancing supplements, adult
21entertainment, or any other product or service that is
22reasonably considered to be inconsistent with the values or
23mission of a postsecondary educational institution or that
24negatively impacts or reflects adversely on a postsecondary
25educational institution or its athletic programs, including,
26but not limited to, bringing about public disrepute,

 

 

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1embarrassment, scandal, ridicule, or otherwise negatively
2impacting the reputation or the moral or ethical standards of
3the 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
7educational institutions are encouraged to provide financial
8literacy, brand management, and life skills programming
9designed for student athletes. The programming may include
10information on time management skills necessary for success as
11a student athlete and available academic resources. Marketing,
12advertising, referral, or solicitation information by
13providers of financial products or services may not be
14included in such programming.
 
15    (110 ILCS 190/25)
16    Sec. 25. Term of student-athlete contract. A contract or
17representation agreement relating to for the use of the
18student-athlete's name, image, likeness, or voice that is
19entered into while the student-athlete is participating in an
20intercollegiate sport at a postsecondary educational
21institution may not extend beyond the student-athlete's
22participation in the sport at an the institution.
23(Source: P.A. 102-42, eff. 7-1-21.)".