HB1116 104TH GENERAL ASSEMBLY

LRB104 04876 LNS 14903 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1116

Introduced 1/9/2025, by Rep. David Friess

SYNOPSIS AS INTRODUCED:

110 ILCS 190/10
110 ILCS 190/15

Amends the Student-Athlete Endorsement Rights Act. Provides that if a student-athlete earns more than $250,000 from the use of the name, image, likeness, or voice of the student-athlete, then any academic scholarship granted to the student-athlete shall be reduced by $1 per dollar the student-athlete earns over $250,000.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Student-Athlete Endorsement Rights Act is amended by changing Sections 10 and 15 as follows:

(110 ILCS 190/10)

Sec. 10. Compensation.

(a) 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 and obtain and retain an agent for any matter or activity relating to such compensation.

(2) A student-athlete may not earn compensation under this Act in exchange for the student-athlete's athletic ability or participation in intercollegiate athletics or sports competition.

(3) (Blank).

(4) This Act may not be interpreted to consider a student-athlete as an employee, agent, or independent contractor of an association, a conference, or a postsecondary educational institution.

(b) If a student-athlete earns more than $250,000 from the use of the name, image, likeness, or voice of the student-athlete, then any academic scholarship granted to the student-athlete shall be reduced by $1 per dollar the student-athlete earns over $250,000.

(Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22; 103-724, eff. 1-1-25.)

(110 ILCS 190/15)

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. Except as provided in subsection (b) of Section 10, compensation 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) If allowed by a court order, a settlement agreement, an athletic association, conference, or other group or organization with authority over intercollegiate athletics programs, or a policy of a postsecondary educational institution, the 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, may 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.

(Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22; 103-724, eff. 1-1-25.)