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| Public Act 102-0892 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Student-Athlete Endorsement Rights Act is | ||||
amended by changing Sections 5, 10, 15, 20, and 25 and by | ||||
adding Section 22 as follows: | ||||
(110 ILCS 190/5)
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Sec. 5. Definitions. In this Act: | ||||
"Booster" means a person or entity that has made, within | ||||
the past 5 years, a financial contribution in an amount | ||||
greater than $1,000 to a postsecondary educational | ||||
institution's athletics department or an athletics booster | ||||
organization of that institution. The purchase of season or | ||||
single game tickets to any athletics event is not a financial | ||||
contribution for purposes of determining whether an individual | ||||
or entity is a booster. | ||||
"Compensation" means anything of value, monetary or | ||||
otherwise, including, but not limited to, cash, gifts, in-kind | ||||
items of value, social media compensation, payments for | ||||
licensing or use of publicity rights, payments for other | ||||
intellectual or intangible property rights under federal or | ||||
State law, and any other form of payment or remuneration, | ||||
except as excluded under this Act. "Compensation" shall not | ||||
include: | ||
(1) tuition, room, board, books, fees, and personal | ||
expenses that a postsecondary educational institution | ||
provides to a student-athlete in accordance with the rules | ||
of the athletic association or conference of which the | ||
postsecondary educational institution is a member; | ||
(2) Federal Pell Grants and other State and federal | ||
grants or scholarships unrelated to, and not awarded | ||
because of a student-athlete's participation in | ||
intercollegiate athletics or sports competition; | ||
(3) any other financial aid, benefits, or awards that | ||
a postsecondary educational institution provides to a | ||
student-athlete in accordance with the rules of the | ||
athletic association or conference of which the | ||
postsecondary educational institution is a member; or | ||
(4) the payment of wages and benefits to a | ||
student-athlete for work actually performed (but not for | ||
athletic ability or participation in intercollegiate | ||
athletics) at a rate commensurate with the prevailing rate | ||
for similar work in the locality of the student-athlete's | ||
postsecondary educational institution. | ||
"Enrolled" means registered for courses or attending | ||
athletic practice or class at a postsecondary educational | ||
institution. | ||
"Image" means any visual depiction, including, but not | ||
limited to, photograph, digital image, rendering, and video. | ||
"Intercollegiate athletics program" means an | ||
intercollegiate athletics program played at the collegiate | ||
level for which eligibility requirements for participation by | ||
a student-athlete are established by a national association | ||
for the promotion or regulation of collegiate athletics. | ||
"Likeness" means a physical, digital, rendering, or other | ||
depiction or representation of a student-athlete, including a | ||
student-athlete's uniform number or signature, that reasonably | ||
identifies the student-athlete with particularity and is not | ||
reasonably considered to be a generic representation of a | ||
member of an intercollegiate athletics program. | ||
"Name" means the first or last name or the nickname of a | ||
student-athlete when used in a context that reasonably | ||
identifies the student-athlete with particularity. | ||
"Name, image, and likeness agreement" or "publicity rights | ||
agreement" means a contract or other written or oral | ||
arrangement between a student-athlete and a third party | ||
licensee regarding the use of the name, image, likeness, or | ||
voice of the student-athlete. | ||
"Publicity right" means any right that (i) is licensed | ||
under a publicity rights agreement or (ii) is recognized under | ||
a federal or State law that permits an individual to control | ||
and benefit from the commercial use of the name, image, | ||
likeness, or voice of the individual. | ||
"Postsecondary educational institution" means a public | ||
university or community college or private university or | ||
college. | ||
"Social media compensation" means all forms of payment for | ||
engagement on social media received by a student-athlete as a | ||
result of the use of that student-athlete's name, image, | ||
likeness, or voice. | ||
"Student-athlete" means a student currently enrolled at a | ||
postsecondary educational institution who engages in, is | ||
eligible to engage in, or may be eligible in the future to | ||
engage in, an intercollegiate athletics program at a | ||
postsecondary educational institution. If an individual is | ||
permanently ineligible to participate in a particular | ||
intercollegiate sport, the individual is not a student-athlete | ||
for purposes of that sport. | ||
"Third party licensee" means any individual or entity that | ||
licenses publicity rights or the use of name, image, likeness, | ||
or voice from any prospective or current student-athlete or | ||
group of student-athletes. "Third party licensee" shall not | ||
include any national association for the promotion or | ||
regulation of collegiate athletics, athletics conference, or | ||
postsecondary educational institution.
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(Source: P.A. 102-42, eff. 7-1-21.) | ||
(110 ILCS 190/10)
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Sec. 10. Compensation. Except as provided in Section 15: | ||
(1) A student-athlete may earn compensation, | ||
commensurate with market value, for the use of the name, | ||
image, likeness, or voice of the student-athlete while | ||
enrolled at a postsecondary educational institution and | ||
obtain and retain an a certified agent for any matter or | ||
activity relating to such compensation. | ||
(2) A student-athlete may not earn compensation in | ||
exchange for the student-athlete's athletic ability or | ||
participation in intercollegiate athletics or sports | ||
competition or agreement or willingness to attend a | ||
postsecondary educational institution. | ||
(3) Notwithstanding any other provision of law or | ||
agreement to the contrary, a student-athlete shall not be | ||
deemed an employee, agent, or independent contractor of an | ||
association, a conference, or a postsecondary educational | ||
institution based on the student-athlete's participation | ||
in an intercollegiate athletics program.
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(Source: P.A. 102-42, eff. 7-1-21.) | ||
(110 ILCS 190/15)
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Sec. 15. Postsecondary educational institutions; | ||
limitations; prohibitions. | ||
(a) Except as provided in this Act, a postsecondary | ||
educational institution shall not uphold any contract, rule, | ||
regulation, standard, or other requirement that prevents a | ||
student-athlete of that institution from earning compensation | ||
as a result of the use of the student-athlete's name, image, | ||
likeness, or voice. Any such contract, rule, regulation, | ||
standard, or other requirement shall be void and unenforceable | ||
against the postsecondary educational institution or the | ||
student-athlete. Compensation from the use of a | ||
student-athlete's name, image, likeness, or voice may not | ||
affect the student-athlete's scholarship eligibility, | ||
grant-in-aid, or other financial aid, awards or benefits, or | ||
the student-athlete's intercollegiate athletic eligibility. | ||
Nothing in this Act is intended to alter any State or federal | ||
laws, rules, or regulations regarding the award of financial | ||
aid at postsecondary educational institutions. | ||
(b) Except as provided in this Act, an athletic | ||
association, conference, or other group or organization with | ||
authority over intercollegiate athletic programs, including, | ||
but not limited to, the National Collegiate Athletic | ||
Association, the National Association of Intercollegiate | ||
Athletics, and the National Junior College Athletic | ||
Association, shall not prevent, or otherwise enforce a | ||
contract, rule, regulation, standard, or other requirement | ||
that prevents a student-athlete at a postsecondary educational | ||
institution from earning compensation as a result of the use | ||
of the student-athlete's name, image, likeness, or voice. | ||
(c) To protect the integrity of its educational mission | ||
and intercollegiate athletics program, a postsecondary | ||
educational institution may impose reasonable limitations on | ||
the dates and time that a student-athlete may participate in | ||
endorsement, promotional, social media, or other activities | ||
related to the license or use of the student-athlete's name, | ||
image, likeness, or voice. Nothing in this Act shall restrict | ||
a postsecondary educational institution from exercising its | ||
sole discretion to control the authorized use of its marks or | ||
logos or to determine a student-athlete's apparel, gear, or | ||
other wearables during an intercollegiate athletics | ||
competition or institution-sponsored event. A student-athlete | ||
may not receive or enter into a contract for compensation for | ||
the use of the student-athlete's name, image, likeness, or | ||
voice in a way that also uses any registered or licensed marks, | ||
logos, verbiage, name, or designs of a postsecondary | ||
educational institution, unless the postsecondary educational | ||
institution has provided the student-athlete with written | ||
permission to do so prior to execution of the contract or | ||
receipt of compensation. If permission is granted to the | ||
student-athlete, the postsecondary educational institution, by | ||
an agreement of all of the parties, may be compensated for the | ||
use in a manner consistent with market rates. A postsecondary | ||
educational institution may also prohibit a student-athlete | ||
from wearing any item of clothing, shoes, or other gear or | ||
wearables with the name, logo, or insignia of any entity | ||
during an intercollegiate athletics competition or | ||
institution-sponsored event. | ||
(d) An athletic association, conference, or other group or | ||
organization with authority over intercollegiate athletics | ||
programs, including, but not limited to, the National | ||
Collegiate Athletic Association, the National Association of | ||
Intercollegiate Athletics, and the National Junior College | ||
Athletic Association, shall not enforce a contract, rule, | ||
regulation, standard, or other requirement that prevents a | ||
postsecondary educational institution from participating in an | ||
intercollegiate athletics program as a result of the | ||
compensation of a student-athlete for the use of the | ||
student-athlete's name, image, likeness, or voice. | ||
(e) A postsecondary educational institution, athletic | ||
association, conference, or other group or organization with | ||
authority over intercollegiate athletics programs, including, | ||
but not limited to, the National Collegiate Athletic | ||
Association, the National Association of Intercollegiate | ||
Athletics, and the National Junior College Athletic | ||
Association, shall not directly or indirectly: | ||
(1) enter into, or offer to enter into, a publicity | ||
rights agreement with a prospective or current | ||
student-athlete; or | ||
(2) provide a prospective or current student-athlete | ||
or the student-athlete's family compensation in relation | ||
to the use of the student-athlete's name, image, likeness, | ||
or voice. | ||
(f) A postsecondary educational institution, athletic | ||
association, conference, or other group or organization with | ||
authority over intercollegiate athletics programs, including, | ||
but not limited to, the National Collegiate Athletic | ||
Association, the National Association of Intercollegiate | ||
Athletics, and the National Junior College Athletic | ||
Association, shall not prevent a student-athlete from | ||
obtaining professional representation for purposes of this Act | ||
in relation to name, image, likeness, or voice, or to secure a | ||
publicity rights agreement, including, but not limited to, | ||
representation provided by athlete agents or legal | ||
representation provided by attorneys. A student-athlete shall | ||
provide the postsecondary educational institution with written | ||
notice and a copy of the agreement in the manner and at a time | ||
prescribed by the institution within 7 days of entering into a | ||
representation agreement with any individual for the purpose | ||
of exploring or securing compensation for use of the | ||
student-athlete's name, image, likeness, or voice.
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(Source: P.A. 102-42, eff. 7-1-21.) | ||
(110 ILCS 190/20)
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Sec. 20. Agents; publicity rights; third party licensees. | ||
(a) An agent, legal representative, or other professional | ||
service provider offering services to a student-athlete shall, | ||
to the extent required, comply with the federal Sports Agent | ||
Responsibility and Trust Act and any other applicable laws, | ||
rules, or regulations. | ||
(b) A grant-in-aid, including cost of attendance, and | ||
other permissible financial aid, awards, or benefits from the | ||
postsecondary educational institution in which a | ||
student-athlete is enrolled shall not be revoked, reduced, nor | ||
the terms and conditions altered, as a result of a | ||
student-athlete earning compensation or obtaining professional | ||
or legal representation pursuant to this Act. | ||
(c) A student-athlete shall disclose to the postsecondary | ||
educational institution in which the student is enrolled, in a | ||
manner and time prescribed by the institution, the existence | ||
and substance of all publicity rights agreements. Publicity | ||
rights agreements that contemplate cash or other compensation | ||
to the student-athlete that is equal to or in excess of a value | ||
of $500 shall be formalized into in a written contract, and the | ||
contract shall be provided to the postsecondary educational | ||
institution in the manner and at a time prescribed by the | ||
institution which the student is enrolled prior to the | ||
execution of the agreement and before any compensation is | ||
provided to the student-athlete. | ||
(d) A student-athlete may not enter into a publicity | ||
rights agreement or otherwise receive compensation for that | ||
student-athlete's name, image, likeness, or voice for services | ||
rendered or performed while that student-athlete is | ||
participating in activities sanctioned by that | ||
student-athlete's postsecondary educational institution if | ||
such services or performance by the student-athlete would | ||
conflict with a provision in a contract, rule, regulation, | ||
standard, or other requirement of the postsecondary | ||
educational institution. | ||
(e) No booster, third party licensee, or any other | ||
individual or entity, shall provide or directly or indirectly | ||
arrange for a third party to provide compensation to a | ||
prospective or current student-athlete or enter into, or | ||
directly or indirectly arrange for a third party to enter | ||
into, a publicity rights agreement as an inducement for the | ||
student-athlete to attend or enroll in a specific institution | ||
or group of institutions. Compensation for a student-athlete's | ||
name, image, likeness, or voice shall not be conditioned on | ||
athletic performance or attendance at a particular | ||
postsecondary educational institution. | ||
(f) A postsecondary educational institution may fund an | ||
independent, third-party administrator to support education, | ||
monitoring, disclosures, and reporting concerning name, image, | ||
likeness, or voice activities by student-athletes authorized | ||
pursuant to this Act. A third-party administrator cannot be a | ||
registered athlete agent. | ||
(g) No postsecondary educational institution shall provide | ||
or directly or indirectly arrange for a third party to provide | ||
compensation to a prospective or current student-athlete or | ||
enter into, or directly or indirectly arrange for a third | ||
party to enter into, a publicity rights agreement with a | ||
prospective or current student-athlete. Nothing in this Act | ||
shall require a postsecondary educational institution to | ||
directly or indirectly identify, create, facilitate, arrange, | ||
negotiate, or otherwise enable opportunities for a prospective | ||
or current student-athlete to enter into a publicity rights | ||
agreement with a third party. | ||
(h) No student-athlete shall enter into a publicity rights | ||
agreement or receive compensation from a third party licensee | ||
relating to the name, image, likeness, or voice of the | ||
student-athlete before the date on which the student-athlete | ||
enrolls at a postsecondary educational institution. | ||
(i) No student-athlete shall enter into a publicity rights | ||
agreement or receive compensation from a third party licensee | ||
for the endorsement or promotion of gambling, sports betting, | ||
controlled substances, cannabis, a tobacco or alcohol company, | ||
brand, or products, alternative or electronic nicotine product | ||
or delivery system, performance-enhancing supplements, adult | ||
entertainment, or any other product or service that is | ||
reasonably considered to be inconsistent with the values or | ||
mission of a postsecondary educational institution or that | ||
negatively impacts or reflects adversely on a postsecondary | ||
educational institution or its athletic programs, including, | ||
but not limited to, bringing about public disrepute, | ||
embarrassment, scandal, ridicule, or otherwise negatively | ||
impacting the reputation or the moral or ethical standards of | ||
the postsecondary educational institution.
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(Source: P.A. 102-42, eff. 7-1-21; 102-687, eff. 12-17-21.) | ||
(110 ILCS 190/22 new) | ||
Sec. 22. Educational programming. Postsecondary | ||
educational institutions are encouraged to provide financial | ||
literacy, brand management, and life skills programming | ||
designed for student athletes. The programming may include | ||
information on time management skills necessary for success as | ||
a student athlete and available academic resources. Marketing, | ||
advertising, referral, or solicitation information by | ||
providers of financial products or services may not be | ||
included in such programming. | ||
(110 ILCS 190/25)
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Sec. 25. Term of student-athlete contract. A contract or | ||
representation agreement relating to for the use of the | ||
student-athlete's name, image, likeness, or voice that is | ||
entered into while the student-athlete is participating in an | ||
intercollegiate sport at a postsecondary educational | ||
institution may not extend beyond the student-athlete's | ||
participation in the sport at an the institution.
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(Source: P.A. 102-42, eff. 7-1-21.)
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