Bill Text: IL HB0307 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Freedom of Information Act and the Student-Athlete Endorsement Rights Act. Changes the definition of "student-athlete". Makes changes concerning compensation, including prohibiting the Act from being interpreted to consider a student-athlete as an employee, agent, or independent contractor of an association, a conference, or a postsecondary educational institution (instead of providing that 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). Makes changes concerning publicity rights agreements. Provides that no postsecondary educational institution or employee acting within the employee's course and scope of employment at a postsecondary educational institution is liable for damages related to the ability or inability of a student-athlete to earn compensation for the use of the student-athlete's name, image, likeness, or voice. Provides that specified information that includes, reveals, or otherwise relates to the terms of an existing or proposed student-athlete publicity rights agreement is exempt from disclosure under the Freedom of Information Act. Provides that a postsecondary educational institution may provide intangible benefits as an incentive to individuals, companies, or other third parties that provide money, benefits, opportunities, or other services to an outside entity functioning primarily to support the creation and facilitation of publicity rights agreements for student-athletes.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0724 [HB0307 Detail]

Download: Illinois-2023-HB0307-Enrolled.html

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HB0307 Enrolled LRB103 03834 RJT 48840 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of

HB0307 Enrolled - 2 - LRB103 03834 RJT 48840 b
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.

HB0307 Enrolled - 3 - LRB103 03834 RJT 48840 b
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and

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

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

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

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

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(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic

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

HB0307 Enrolled - 10 - LRB103 03834 RJT 48840 b
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

HB0307 Enrolled - 11 - LRB103 03834 RJT 48840 b
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

HB0307 Enrolled - 12 - LRB103 03834 RJT 48840 b
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the

HB0307 Enrolled - 13 - LRB103 03834 RJT 48840 b
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification

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

HB0307 Enrolled - 15 - LRB103 03834 RJT 48840 b
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.

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

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subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.

HB0307 Enrolled - 18 - LRB103 03834 RJT 48840 b
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(nnn) Information exempt from disclosure under Section
40 of the Student-Athlete Endorsement Rights Act.

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(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
Section 10. The Student-Athlete Endorsement Rights Act is
amended by changing Sections 5, 10, 15, and 20 and by adding
Sections 40 and 45 as follows:
(110 ILCS 190/5)
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

HB0307 Enrolled - 20 - LRB103 03834 RJT 48840 b
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

HB0307 Enrolled - 21 - LRB103 03834 RJT 48840 b
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,

HB0307 Enrolled - 22 - LRB103 03834 RJT 48840 b
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.
(Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22.)
(110 ILCS 190/10)

HB0307 Enrolled - 23 - LRB103 03834 RJT 48840 b
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 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 or agreement or willingness to attend a
postsecondary educational institution.
(3) (Blank). 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.
(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.
(Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22.)
(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

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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

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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 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

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Athletic Association, may 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.
(Source: P.A. 102-42, eff. 7-1-21; 102-892, eff. 5-20-22.)
(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 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.
(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

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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) (Blank). 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 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) A No postsecondary educational institution may shall
provide compensation to a prospective or current

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student-athlete or 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) (Blank). 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

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

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