HB0307 EnrolledLRB103 03834 RJT 48840 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of

 

 

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1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a
22    local emergency energy plan ordinance that is adopted
23    under Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

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1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the
16    Capital Crimes Litigation Act (repealed). This subsection
17    (n) shall apply until the conclusion of the trial of the
18    case, even if the prosecution chooses not to pursue the
19    death penalty prior to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Department of Transportation under Sections 2705-300 and

 

 

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1    2705-616 of the Department of Transportation Law of the
2    Civil Administrative Code of Illinois, the Regional
3    Transportation Authority under Section 2.11 of the
4    Regional Transportation Authority Act, or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act (repealed).
7        (q) Information prohibited from being disclosed by the
8    Personnel Record Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) (Blank).
14        (u) Records and information provided to an independent
15    team of experts under the Developmental Disability and
16    Mental Health Safety Act (also known as Brian's Law).
17        (v) Names and information of people who have applied
18    for or received Firearm Owner's Identification Cards under
19    the Firearm Owners Identification Card Act or applied for
20    or received a concealed carry license under the Firearm
21    Concealed Carry Act, unless otherwise authorized by the
22    Firearm Concealed Carry Act; and databases under the
23    Firearm Concealed Carry Act, records of the Concealed
24    Carry Licensing Review Board under the Firearm Concealed
25    Carry Act, and law enforcement agency objections under the
26    Firearm Concealed Carry Act.

 

 

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1        (v-5) Records of the Firearm Owner's Identification
2    Card Review Board that are exempted from disclosure under
3    Section 10 of the Firearm Owners Identification Card Act.
4        (w) Personally identifiable information which is
5    exempted from disclosure under subsection (g) of Section
6    19.1 of the Toll Highway Act.
7        (x) Information which is exempted from disclosure
8    under Section 5-1014.3 of the Counties Code or Section
9    8-11-21 of the Illinois Municipal Code.
10        (y) Confidential information under the Adult
11    Protective Services Act and its predecessor enabling
12    statute, the Elder Abuse and Neglect Act, including
13    information about the identity and administrative finding
14    against any caregiver of a verified and substantiated
15    decision of abuse, neglect, or financial exploitation of
16    an eligible adult maintained in the Registry established
17    under Section 7.5 of the Adult Protective Services Act.
18        (z) Records and information provided to a fatality
19    review team or the Illinois Fatality Review Team Advisory
20    Council under Section 15 of the Adult Protective Services
21    Act.
22        (aa) Information which is exempted from disclosure
23    under Section 2.37 of the Wildlife Code.
24        (bb) Information which is or was prohibited from
25    disclosure by the Juvenile Court Act of 1987.
26        (cc) Recordings made under the Law Enforcement

 

 

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1    Officer-Worn Body Camera Act, except to the extent
2    authorized under that Act.
3        (dd) Information that is prohibited from being
4    disclosed under Section 45 of the Condominium and Common
5    Interest Community Ombudsperson Act.
6        (ee) Information that is exempted from disclosure
7    under Section 30.1 of the Pharmacy Practice Act.
8        (ff) Information that is exempted from disclosure
9    under the Revised Uniform Unclaimed Property Act.
10        (gg) Information that is prohibited from being
11    disclosed under Section 7-603.5 of the Illinois Vehicle
12    Code.
13        (hh) Records that are exempt from disclosure under
14    Section 1A-16.7 of the Election Code.
15        (ii) Information which is exempted from disclosure
16    under Section 2505-800 of the Department of Revenue Law of
17    the Civil Administrative Code of Illinois.
18        (jj) Information and reports that are required to be
19    submitted to the Department of Labor by registering day
20    and temporary labor service agencies but are exempt from
21    disclosure under subsection (a-1) of Section 45 of the Day
22    and Temporary Labor Services Act.
23        (kk) Information prohibited from disclosure under the
24    Seizure and Forfeiture Reporting Act.
25        (ll) Information the disclosure of which is restricted
26    and exempted under Section 5-30.8 of the Illinois Public

 

 

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1    Aid Code.
2        (mm) Records that are exempt from disclosure under
3    Section 4.2 of the Crime Victims Compensation Act.
4        (nn) Information that is exempt from disclosure under
5    Section 70 of the Higher Education Student Assistance Act.
6        (oo) Communications, notes, records, and reports
7    arising out of a peer support counseling session
8    prohibited from disclosure under the First Responders
9    Suicide Prevention Act.
10        (pp) Names and all identifying information relating to
11    an employee of an emergency services provider or law
12    enforcement agency under the First Responders Suicide
13    Prevention Act.
14        (qq) Information and records held by the Department of
15    Public Health and its authorized representatives collected
16    under the Reproductive Health Act.
17        (rr) Information that is exempt from disclosure under
18    the Cannabis Regulation and Tax Act.
19        (ss) Data reported by an employer to the Department of
20    Human Rights pursuant to Section 2-108 of the Illinois
21    Human Rights Act.
22        (tt) Recordings made under the Children's Advocacy
23    Center Act, except to the extent authorized under that
24    Act.
25        (uu) Information that is exempt from disclosure under
26    Section 50 of the Sexual Assault Evidence Submission Act.

 

 

HB0307 Enrolled- 8 -LRB103 03834 RJT 48840 b

1        (vv) Information that is exempt from disclosure under
2    subsections (f) and (j) of Section 5-36 of the Illinois
3    Public Aid Code.
4        (ww) Information that is exempt from disclosure under
5    Section 16.8 of the State Treasurer Act.
6        (xx) Information that is exempt from disclosure or
7    information that shall not be made public under the
8    Illinois Insurance Code.
9        (yy) Information prohibited from being disclosed under
10    the Illinois Educational Labor Relations Act.
11        (zz) Information prohibited from being disclosed under
12    the Illinois Public Labor Relations Act.
13        (aaa) Information prohibited from being disclosed
14    under Section 1-167 of the Illinois Pension Code.
15        (bbb) Information that is prohibited from disclosure
16    by the Illinois Police Training Act and the Illinois State
17    Police Act.
18        (ccc) Records exempt from disclosure under Section
19    2605-304 of the Illinois State Police Law of the Civil
20    Administrative Code of Illinois.
21        (ddd) Information prohibited from being disclosed
22    under Section 35 of the Address Confidentiality for
23    Victims of Domestic Violence, Sexual Assault, Human
24    Trafficking, or Stalking Act.
25        (eee) Information prohibited from being disclosed
26    under subsection (b) of Section 75 of the Domestic

 

 

HB0307 Enrolled- 9 -LRB103 03834 RJT 48840 b

1    Violence Fatality Review Act.
2        (fff) Images from cameras under the Expressway Camera
3    Act. This subsection (fff) is inoperative on and after
4    July 1, 2025.
5        (ggg) Information prohibited from disclosure under
6    paragraph (3) of subsection (a) of Section 14 of the Nurse
7    Agency Licensing Act.
8        (hhh) Information submitted to the Illinois State
9    Police in an affidavit or application for an assault
10    weapon endorsement, assault weapon attachment endorsement,
11    .50 caliber rifle endorsement, or .50 caliber cartridge
12    endorsement under the Firearm Owners Identification Card
13    Act.
14        (iii) Data exempt from disclosure under Section 50 of
15    the School Safety Drill Act.
16        (jjj) (hhh) Information exempt from disclosure under
17    Section 30 of the Insurance Data Security Law.
18        (kkk) (iii) Confidential business information
19    prohibited from disclosure under Section 45 of the Paint
20    Stewardship Act.
21        (lll) (Reserved).
22        (mmm) (iii) Information prohibited from being
23    disclosed under subsection (e) of Section 1-129 of the
24    Illinois Power Agency Act.
25        (nnn) Information exempt from disclosure under Section
26    40 of the Student-Athlete Endorsement Rights Act.

 

 

HB0307 Enrolled- 10 -LRB103 03834 RJT 48840 b

1(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
38-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
56-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
7revised 1-2-24.)
 
8    (Text of Section after amendment by P.A. 103-472)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be
11exempt from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library
17    Records Confidentiality Act.
18        (c) Applications, related documents, and medical
19    records received by the Experimental Organ Transplantation
20    Procedures Board and any and all documents or other
21    records prepared by the Experimental Organ Transplantation
22    Procedures Board or its staff relating to applications it
23    has received.
24        (d) Information and records held by the Department of
25    Public Health and its authorized representatives relating

 

 

HB0307 Enrolled- 11 -LRB103 03834 RJT 48840 b

1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

HB0307 Enrolled- 12 -LRB103 03834 RJT 48840 b

1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act (repealed). This subsection
16    (n) shall apply until the conclusion of the trial of the
17    case, even if the prosecution chooses not to pursue the
18    death penalty prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

HB0307 Enrolled- 13 -LRB103 03834 RJT 48840 b

1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act (repealed).
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) (Blank).
13        (u) Records and information provided to an independent
14    team of experts under the Developmental Disability and
15    Mental Health Safety Act (also known as Brian's Law).
16        (v) Names and information of people who have applied
17    for or received Firearm Owner's Identification Cards under
18    the Firearm Owners Identification Card Act or applied for
19    or received a concealed carry license under the Firearm
20    Concealed Carry Act, unless otherwise authorized by the
21    Firearm Concealed Carry Act; and databases under the
22    Firearm Concealed Carry Act, records of the Concealed
23    Carry Licensing Review Board under the Firearm Concealed
24    Carry Act, and law enforcement agency objections under the
25    Firearm Concealed Carry Act.
26        (v-5) Records of the Firearm Owner's Identification

 

 

HB0307 Enrolled- 14 -LRB103 03834 RJT 48840 b

1    Card Review Board that are exempted from disclosure under
2    Section 10 of the Firearm Owners Identification Card Act.
3        (w) Personally identifiable information which is
4    exempted from disclosure under subsection (g) of Section
5    19.1 of the Toll Highway Act.
6        (x) Information which is exempted from disclosure
7    under Section 5-1014.3 of the Counties Code or Section
8    8-11-21 of the Illinois Municipal Code.
9        (y) Confidential information under the Adult
10    Protective Services Act and its predecessor enabling
11    statute, the Elder Abuse and Neglect Act, including
12    information about the identity and administrative finding
13    against any caregiver of a verified and substantiated
14    decision of abuse, neglect, or financial exploitation of
15    an eligible adult maintained in the Registry established
16    under Section 7.5 of the Adult Protective Services Act.
17        (z) Records and information provided to a fatality
18    review team or the Illinois Fatality Review Team Advisory
19    Council under Section 15 of the Adult Protective Services
20    Act.
21        (aa) Information which is exempted from disclosure
22    under Section 2.37 of the Wildlife Code.
23        (bb) Information which is or was prohibited from
24    disclosure by the Juvenile Court Act of 1987.
25        (cc) Recordings made under the Law Enforcement
26    Officer-Worn Body Camera Act, except to the extent

 

 

HB0307 Enrolled- 15 -LRB103 03834 RJT 48840 b

1    authorized under that Act.
2        (dd) Information that is prohibited from being
3    disclosed under Section 45 of the Condominium and Common
4    Interest Community Ombudsperson Act.
5        (ee) Information that is exempted from disclosure
6    under Section 30.1 of the Pharmacy Practice Act.
7        (ff) Information that is exempted from disclosure
8    under the Revised Uniform Unclaimed Property Act.
9        (gg) Information that is prohibited from being
10    disclosed under Section 7-603.5 of the Illinois Vehicle
11    Code.
12        (hh) Records that are exempt from disclosure under
13    Section 1A-16.7 of the Election Code.
14        (ii) Information which is exempted from disclosure
15    under Section 2505-800 of the Department of Revenue Law of
16    the Civil Administrative Code of Illinois.
17        (jj) Information and reports that are required to be
18    submitted to the Department of Labor by registering day
19    and temporary labor service agencies but are exempt from
20    disclosure under subsection (a-1) of Section 45 of the Day
21    and Temporary Labor Services Act.
22        (kk) Information prohibited from disclosure under the
23    Seizure and Forfeiture Reporting Act.
24        (ll) Information the disclosure of which is restricted
25    and exempted under Section 5-30.8 of the Illinois Public
26    Aid Code.

 

 

HB0307 Enrolled- 16 -LRB103 03834 RJT 48840 b

1        (mm) Records that are exempt from disclosure under
2    Section 4.2 of the Crime Victims Compensation Act.
3        (nn) Information that is exempt from disclosure under
4    Section 70 of the Higher Education Student Assistance Act.
5        (oo) Communications, notes, records, and reports
6    arising out of a peer support counseling session
7    prohibited from disclosure under the First Responders
8    Suicide Prevention Act.
9        (pp) Names and all identifying information relating to
10    an employee of an emergency services provider or law
11    enforcement agency under the First Responders Suicide
12    Prevention Act.
13        (qq) Information and records held by the Department of
14    Public Health and its authorized representatives collected
15    under the Reproductive Health Act.
16        (rr) Information that is exempt from disclosure under
17    the Cannabis Regulation and Tax Act.
18        (ss) Data reported by an employer to the Department of
19    Human Rights pursuant to Section 2-108 of the Illinois
20    Human Rights Act.
21        (tt) Recordings made under the Children's Advocacy
22    Center Act, except to the extent authorized under that
23    Act.
24        (uu) Information that is exempt from disclosure under
25    Section 50 of the Sexual Assault Evidence Submission Act.
26        (vv) Information that is exempt from disclosure under

 

 

HB0307 Enrolled- 17 -LRB103 03834 RJT 48840 b

1    subsections (f) and (j) of Section 5-36 of the Illinois
2    Public Aid Code.
3        (ww) Information that is exempt from disclosure under
4    Section 16.8 of the State Treasurer Act.
5        (xx) Information that is exempt from disclosure or
6    information that shall not be made public under the
7    Illinois Insurance Code.
8        (yy) Information prohibited from being disclosed under
9    the Illinois Educational Labor Relations Act.
10        (zz) Information prohibited from being disclosed under
11    the Illinois Public Labor Relations Act.
12        (aaa) Information prohibited from being disclosed
13    under Section 1-167 of the Illinois Pension Code.
14        (bbb) Information that is prohibited from disclosure
15    by the Illinois Police Training Act and the Illinois State
16    Police Act.
17        (ccc) Records exempt from disclosure under Section
18    2605-304 of the Illinois State Police Law of the Civil
19    Administrative Code of Illinois.
20        (ddd) Information prohibited from being disclosed
21    under Section 35 of the Address Confidentiality for
22    Victims of Domestic Violence, Sexual Assault, Human
23    Trafficking, or Stalking Act.
24        (eee) Information prohibited from being disclosed
25    under subsection (b) of Section 75 of the Domestic
26    Violence Fatality Review Act.

 

 

HB0307 Enrolled- 18 -LRB103 03834 RJT 48840 b

1        (fff) Images from cameras under the Expressway Camera
2    Act. This subsection (fff) is inoperative on and after
3    July 1, 2025.
4        (ggg) Information prohibited from disclosure under
5    paragraph (3) of subsection (a) of Section 14 of the Nurse
6    Agency Licensing Act.
7        (hhh) Information submitted to the Illinois State
8    Police in an affidavit or application for an assault
9    weapon endorsement, assault weapon attachment endorsement,
10    .50 caliber rifle endorsement, or .50 caliber cartridge
11    endorsement under the Firearm Owners Identification Card
12    Act.
13        (iii) Data exempt from disclosure under Section 50 of
14    the School Safety Drill Act.
15        (jjj) (hhh) Information exempt from disclosure under
16    Section 30 of the Insurance Data Security Law.
17        (kkk) (iii) Confidential business information
18    prohibited from disclosure under Section 45 of the Paint
19    Stewardship Act.
20        (lll) (iii) Data exempt from disclosure under Section
21    2-3.196 of the School Code.
22        (mmm) (iii) Information prohibited from being
23    disclosed under subsection (e) of Section 1-129 of the
24    Illinois Power Agency Act.
25        (nnn) Information exempt from disclosure under Section
26    40 of the Student-Athlete Endorsement Rights Act.

 

 

HB0307 Enrolled- 19 -LRB103 03834 RJT 48840 b

1(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
38-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
56-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
7103-580, eff. 12-8-23; revised 1-2-24.)
 
8    Section 10. The Student-Athlete Endorsement Rights Act is
9amended by changing Sections 5, 10, 15, and 20 and by adding
10Sections 40 and 45 as follows:
 
11    (110 ILCS 190/5)
12    Sec. 5. Definitions. In this Act:
13    "Booster" means a person or entity that has made, within
14the past 5 years, a financial contribution in an amount
15greater than $1,000 to a postsecondary educational
16institution's athletics department or an athletics booster
17organization of that institution. The purchase of season or
18single game tickets to any athletics event is not a financial
19contribution for purposes of determining whether an individual
20or entity is a booster.
21    "Compensation" means anything of value, monetary or
22otherwise, including, but not limited to, cash, gifts, in-kind
23items of value, social media compensation, payments for
24licensing or use of publicity rights, payments for other

 

 

HB0307 Enrolled- 20 -LRB103 03834 RJT 48840 b

1intellectual or intangible property rights under federal or
2State law, and any other form of payment or remuneration,
3except as excluded under this Act. "Compensation" shall not
4include:
5        (1) tuition, room, board, books, fees, and personal
6    expenses that a postsecondary educational institution
7    provides to a student-athlete in accordance with the rules
8    of the athletic association or conference of which the
9    postsecondary educational institution is a member;
10        (2) Federal Pell Grants and other State and federal
11    grants or scholarships unrelated to, and not awarded
12    because of a student-athlete's participation in
13    intercollegiate athletics or sports competition;
14        (3) any other financial aid, benefits, or awards that
15    a postsecondary educational institution provides to a
16    student-athlete in accordance with the rules of the
17    athletic association or conference of which the
18    postsecondary educational institution is a member; or
19        (4) the payment of wages and benefits to a
20    student-athlete for work actually performed (but not for
21    athletic ability or participation in intercollegiate
22    athletics) at a rate commensurate with the prevailing rate
23    for similar work in the locality of the student-athlete's
24    postsecondary educational institution.
25    "Enrolled" means registered for courses or attending
26athletic practice or class at a postsecondary educational

 

 

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1institution.
2    "Image" means any visual depiction, including, but not
3limited to, photograph, digital image, rendering, and video.
4    "Intercollegiate athletics program" means an
5intercollegiate athletics program played at the collegiate
6level for which eligibility requirements for participation by
7a student-athlete are established by a national association
8for the promotion or regulation of collegiate athletics.
9    "Likeness" means a physical, digital, rendering, or other
10depiction or representation of a student-athlete, including a
11student-athlete's uniform number or signature, that reasonably
12identifies the student-athlete with particularity and is not
13reasonably considered to be a generic representation of a
14member of an intercollegiate athletics program.
15    "Name" means the first or last name or the nickname of a
16student-athlete when used in a context that reasonably
17identifies the student-athlete with particularity.
18    "Name, image, and likeness agreement" or "publicity rights
19agreement" means a contract or other written or oral
20arrangement between a student-athlete and a third party
21licensee regarding the use of the name, image, likeness, or
22voice of the student-athlete.
23    "Publicity right" means any right that (i) is licensed
24under a publicity rights agreement or (ii) is recognized under
25a federal or State law that permits an individual to control
26and benefit from the commercial use of the name, image,

 

 

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1likeness, or voice of the individual.
2    "Postsecondary educational institution" means a public
3university or community college or private university or
4college.
5    "Social media compensation" means all forms of payment for
6engagement on social media received by a student-athlete as a
7result of the use of that student-athlete's name, image,
8likeness, or voice.
9    "Student-athlete" means a student currently enrolled at a
10postsecondary educational institution who engages in, is
11eligible to engage in, or may be eligible in the future to
12engage in, an intercollegiate athletics program at a
13postsecondary educational institution. If an individual is
14permanently ineligible to participate in a particular
15intercollegiate sport, the individual is not a student-athlete
16for purposes of that sport.
17    "Third party licensee" means any individual or entity that
18licenses publicity rights or the use of name, image, likeness,
19or voice from any prospective or current student-athlete or
20group of student-athletes. "Third party licensee" shall not
21include any national association for the promotion or
22regulation of collegiate athletics, athletics conference, or
23postsecondary educational institution.
24(Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22.)
 
25    (110 ILCS 190/10)

 

 

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1    Sec. 10. Compensation. Except as provided in Section 15:
2        (1) A student-athlete may earn compensation,
3    commensurate with market value, for the use of the name,
4    image, likeness, or voice of the student-athlete while
5    enrolled at a postsecondary educational institution and
6    obtain and retain an agent for any matter or activity
7    relating to such compensation.
8        (2) A student-athlete may not earn compensation under
9    this Act in exchange for the student-athlete's athletic
10    ability or participation in intercollegiate athletics or
11    sports competition or agreement or willingness to attend a
12    postsecondary educational institution.
13        (3) (Blank). Notwithstanding any other provision of
14    law or agreement to the contrary, a student-athlete shall
15    not be deemed an employee, agent, or independent
16    contractor of an association, a conference, or a
17    postsecondary educational institution based on the
18    student-athlete's participation in an intercollegiate
19    athletics program.
20        (4) This Act may not be interpreted to consider a
21    student-athlete as an employee, agent, or independent
22    contractor of an association, a conference, or a
23    postsecondary educational institution.
24(Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22.)
 
25    (110 ILCS 190/15)

 

 

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

 

 

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

 

 

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1educational institution may also prohibit a student-athlete
2from wearing any item of clothing, shoes, or other gear or
3wearables with the name, logo, or insignia of any entity
4during an intercollegiate athletics competition or
5institution-sponsored event.
6    (d) An athletic association, conference, or other group or
7organization with authority over intercollegiate athletics
8programs, including, but not limited to, the National
9Collegiate Athletic Association, the National Association of
10Intercollegiate Athletics, and the National Junior College
11Athletic Association, shall not enforce a contract, rule,
12regulation, standard, or other requirement that prevents a
13postsecondary educational institution from participating in an
14intercollegiate athletics program as a result of the
15compensation of a student-athlete for the use of the
16student-athlete's name, image, likeness, or voice.
17    (e) If allowed by a court order, a settlement agreement,
18an athletic association, conference, or other group or
19organization with authority over intercollegiate athletics
20programs, or a policy of a postsecondary educational
21institution, the A postsecondary educational institution,
22athletic association, conference, or other group or
23organization with authority over intercollegiate athletics
24programs, including, but not limited to, the National
25Collegiate Athletic Association, the National Association of
26Intercollegiate Athletics, and the National Junior College

 

 

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1Athletic Association, may shall not directly or indirectly:
2        (1) enter into, or offer to enter into, a publicity
3    rights agreement with a prospective or current
4    student-athlete; or
5        (2) provide a prospective or current student-athlete
6    or the student-athlete's family compensation in relation
7    to the use of the student-athlete's name, image, likeness,
8    or voice.
9    (f) A postsecondary educational institution, athletic
10association, conference, or other group or organization with
11authority over intercollegiate athletics programs, including,
12but not limited to, the National Collegiate Athletic
13Association, the National Association of Intercollegiate
14Athletics, and the National Junior College Athletic
15Association, shall not prevent a student-athlete from
16obtaining professional representation for purposes of this Act
17in relation to name, image, likeness, or voice, or to secure a
18publicity rights agreement, including, but not limited to,
19representation provided by athlete agents or legal
20representation provided by attorneys. A student-athlete shall
21provide the postsecondary educational institution with written
22notice and a copy of the agreement in the manner and at a time
23prescribed by the institution.
24(Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22.)
 
25    (110 ILCS 190/20)

 

 

HB0307 Enrolled- 28 -LRB103 03834 RJT 48840 b

1    Sec. 20. Agents; publicity rights; third party licensees.
2    (a) An agent, legal representative, or other professional
3service provider offering services to a student-athlete shall,
4to the extent required, comply with the federal Sports Agent
5Responsibility and Trust Act and any other applicable laws,
6rules, or regulations.
7    (b) A grant-in-aid, including cost of attendance, and
8other permissible financial aid, awards, or benefits from the
9postsecondary educational institution in which a
10student-athlete is enrolled shall not be revoked, reduced, nor
11the terms and conditions altered, as a result of a
12student-athlete earning compensation or obtaining professional
13or legal representation pursuant to this Act.
14    (c) A student-athlete shall disclose to the postsecondary
15educational institution in which the student is enrolled, in a
16manner and time prescribed by the institution, the existence
17and substance of all publicity rights agreements. Publicity
18rights agreements that contemplate cash or other compensation
19to the student-athlete that is equal to or in excess of a value
20of $500 shall be formalized into a written contract, and the
21contract shall be provided to the postsecondary educational
22institution in the manner and at a time prescribed by the
23institution.
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) (Blank). No booster, third party licensee, or any
9other individual or entity, shall provide or directly or
10indirectly arrange for a third party to provide compensation
11to a prospective 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 at a particular postsecondary educational
18institution.
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) A No postsecondary educational institution may shall
26provide compensation to a prospective or current

 

 

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

 

 

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1impacting the reputation or the moral or ethical standards of
2the postsecondary educational institution.
3(Source: P.A. 102-42, eff. 7-1-21; 102-687, eff. 12-17-21;
4102-892, eff. 5-20-22.)
 
5    (110 ILCS 190/40 new)
6    Sec. 40. Disclosure exemption. Information written,
7produced, collected, assembled, or otherwise maintained by a
8postsecondary educational institution that includes, reveals,
9or otherwise relates to the terms of an existing or proposed
10student-athlete publicity rights agreement is exempt from
11disclosure under the Freedom of Information Act.
 
12    (110 ILCS 190/45 new)
13    Sec. 45. Additional benefits. A postsecondary educational
14institution may provide intangible benefits, including
15priority status or other items of de minimis or nonmonetary
16value, as an incentive to individuals, companies, or other
17third parties that provide money, benefits, opportunities, or
18other services to an outside entity functioning primarily to
19support the creation and facilitation of publicity rights
20agreements for student-athletes.
 
21    Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section

 

 

HB0307 Enrolled- 32 -LRB103 03834 RJT 48840 b

1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.