Bill Text: IL HB3904 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 44-3)

Status: (Engrossed) 2019-11-13 - To Subcommittee on Special Issues (EX) [HB3904 Detail]

Download: Illinois-2019-HB3904-Engrossed.html



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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" means a publicly or privately operated
8college or university located in this State that offers
9baccalaureate degrees.
10 "Student athlete" means a student enrolled in an
11institution and participating in intercollegiate athletics.
12 Section 10. Student athlete compensation.
13 (a) An institution may not uphold any rule, requirement,
14standard, or other limitation that prevents a student athlete
15of that institution from earning compensation as a result of
16the use of the student athlete's name, image, or likeness.
17Earning compensation from the use of a student athlete's name,
18image, or likeness may not affect the student's scholarship
19eligibility.
20 (b) An athletic association, conference, or other group or
21organization with authority over intercollegiate athletics,
22including, but not limited to, the National Collegiate Athletic

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

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

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1athlete's legal representation the relevant contractual
2provision that is in conflict.
3 (d) A team contract of an institution's athletic program
4may not prevent a student athlete from using the athlete's
5name, image, or likeness for a commercial purpose when the
6athlete is not engaged in official team activities. It is the
7intent of the General Assembly that this prohibition shall
8apply only to contracts entered into, modified, or renewed on
9or after the effective date of this Act.
10 Section 99. Effective date. This Act takes effect January
111, 2023.
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