Bill Amendment: IL HB3904 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STUDENT ATHLETE ENDORSEMENTS
Status: 2019-12-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB3904 Detail]
Download: Illinois-2019-HB3904-House_Amendment_001.html
Bill Title: STUDENT ATHLETE ENDORSEMENTS
Status: 2019-12-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB3904 Detail]
Download: Illinois-2019-HB3904-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3904
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2 | AMENDMENT NO. ______. Amend House Bill 3904 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Student Athlete Endorsement Act.
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6 | Section 5. Definitions. In this Act: | ||||||
7 | "Institution" means a publicly or privately operated | ||||||
8 | college or university located in this State that offers | ||||||
9 | baccalaureate degrees. | ||||||
10 | "Student athlete" means a student enrolled in an | ||||||
11 | institution and participating in intercollegiate athletics.
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12 | Section 10. Student athlete compensation. | ||||||
13 | (a) An institution may not uphold any rule, requirement, | ||||||
14 | standard, or other limitation that prevents a student athlete | ||||||
15 | of that institution from earning compensation as a result of |
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1 | the use of the student athlete's name, image, or likeness. | ||||||
2 | Earning compensation from the use of a student athlete's name, | ||||||
3 | image, or likeness may not affect the student's scholarship | ||||||
4 | eligibility. | ||||||
5 | (b) An athletic association, conference, or other group or | ||||||
6 | organization with authority over intercollegiate athletics, | ||||||
7 | including, but not limited to, the National Collegiate Athletic | ||||||
8 | Association, may not prevent a student athlete of an | ||||||
9 | institution from earning compensation as a result of the use of | ||||||
10 | the student's name, image, or likeness. | ||||||
11 | (c) An athletic association, conference, or other group or | ||||||
12 | organization with authority over intercollegiate athletics, | ||||||
13 | including, but not limited to, the National Collegiate Athletic | ||||||
14 | Association, may not prevent an institution from participating | ||||||
15 | in intercollegiate athletics as a result of the compensation of | ||||||
16 | a student athlete for the use of the student's name, image, or | ||||||
17 | likeness.
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18 | Section 15. No compensation for prospective student | ||||||
19 | athlete. An institution, athletic association, conference, or | ||||||
20 | other group or organization with authority over | ||||||
21 | intercollegiate athletics may not provide a prospective | ||||||
22 | student athlete with compensation in relation to the athlete's | ||||||
23 | name, image, or likeness.
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24 | Section 20. Professional representation. |
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1 | (a) An institution, athletic association, conference, or | ||||||
2 | other group or organization with authority over | ||||||
3 | intercollegiate athletics may not prevent a student athlete | ||||||
4 | from obtaining professional representation in relation to a | ||||||
5 | contract or legal matter, including, but not limited to, | ||||||
6 | representation provided by an athlete agent or legal | ||||||
7 | representation provided by an attorney. | ||||||
8 | (b) Professional representation provided by an athlete | ||||||
9 | agent to a student athlete shall be by a person licensed | ||||||
10 | pursuant to the Illinois Athlete Agents Act. An athlete agent | ||||||
11 | representing a student athlete shall comply with the federal | ||||||
12 | Sports Agent Responsibility and Trust Act in his or her | ||||||
13 | relationship with the student athlete.
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14 | Section 25. Scholarships. A scholarship from the | ||||||
15 | institution in which a student athlete is enrolled that | ||||||
16 | provides the student with the cost of attendance at that | ||||||
17 | institution is not compensation for purposes of this Act, and a | ||||||
18 | scholarship may not be revoked as a result of earning | ||||||
19 | compensation or obtaining legal representation pursuant to | ||||||
20 | this Act.
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21 | Section 30. Contracts. | ||||||
22 | (a) A student athlete may not enter into a contract | ||||||
23 | providing compensation to the athlete for use of the athlete's | ||||||
24 | name, image, or likeness if a provision of the contract is in |
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1 | conflict with a provision of the athlete's team contract. | ||||||
2 | (b) A student athlete who enters into a contract providing | ||||||
3 | compensation to the athlete for use of the athlete's name, | ||||||
4 | image, or likeness shall disclose the contract to an official | ||||||
5 | of the institution, to be designated by the institution. | ||||||
6 | (c) An institution asserting a conflict described in | ||||||
7 | subsection (a) shall disclose to the student athlete or the | ||||||
8 | athlete's legal representation the relevant contractual | ||||||
9 | provision that is in conflict. | ||||||
10 | (d) A team contract of an institution's athletic program | ||||||
11 | may not prevent a student athlete from using the athlete's | ||||||
12 | name, image, or likeness for a commercial purpose when the | ||||||
13 | athlete is not engaged in official team activities. It is the | ||||||
14 | intent of the General Assembly that this prohibition shall | ||||||
15 | apply only to contracts entered into, modified, or renewed on | ||||||
16 | or after the effective date of this Act.
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17 | Section 99. Effective date. This Act takes effect January | ||||||
18 | 1, 2023.".
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