Bill Text: IL HB3898 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Student Fair Pay to Play Act. Prohibits (i) an institution of higher learning from upholding any rule, requirement, standard, or other limitation that prevents a student athlete of that institution from earning compensation as a result of the use of the student's name, image, or likeness and earning compensation from the use of a student athlete's name, image, or likeness from affecting the student's scholarship eligibility; (ii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a student athlete of an institution from earning compensation as a result of the use of the student's name, image, or likeness; (iii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing an institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student's name, image, or likeness; and (iv) an institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective student athlete with compensation in relation to the athlete's name, image, or likeness. Sets forth provisions concerning professional representation and contracts. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-10-17 - Referred to Rules Committee [HB3898 Detail]

Download: Illinois-2019-HB3898-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3898 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
New Act
Creates the Student Fair Pay to Play Act. Prohibits (i) an institution of higher learning from upholding any rule, requirement, standard, or other limitation that prevents a student athlete of that institution from earning compensation as a result of the use of the student's name, image, or likeness and earning compensation from the use of a student athlete's name, image, or likeness from affecting the student's scholarship eligibility; (ii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing a student athlete of an institution from earning compensation as a result of the use of the student's name, image, or likeness; (iii) an athletic association, conference, or other group or organization with authority over intercollegiate athletics from preventing an institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student's name, image, or likeness; and (iv) an institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics from providing a prospective student athlete with compensation in relation to the athlete's name, image, or likeness. Sets forth provisions concerning professional representation and contracts. Effective immediately.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Student Fair Pay to Play Act.
Section 5. Definitions. In this Act:
"Institution" has the meaning given to that term under the
Higher Education Student Assistance Act.
"Student athlete" means a student enrolled in an
institution and participating in intercollegiate athletics.
Section 10. Student athlete compensation.
(a) An institution may not uphold any rule, requirement,
standard, or other limitation that prevents a student athlete
of that institution from earning compensation as a result of
the use of the student athlete's name, image, or likeness.
Earning compensation from the use of a student athlete's name,
image, or likeness may not affect the student's scholarship
eligibility.
(b) An athletic association, conference, or other group or
organization with authority over intercollegiate athletics,
including, but not limited to, the National Collegiate Athletic
Association, may not prevent a student athlete of an

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institution from earning compensation as a result of the use of
the student's name, image, or likeness.
(c) An athletic association, conference, or other group or
organization with authority over intercollegiate athletics,
including, but not limited to, the National Collegiate Athletic
Association, may not prevent an institution from participating
in intercollegiate athletics as a result of the compensation of
a student athlete for the use of the student's name, image, or
likeness.
Section 15. No compensation for prospective student
athlete. An institution, athletic association, conference, or
other group or organization with authority over
intercollegiate athletics may not provide a prospective
student athlete with compensation in relation to the athlete's
name, image, or likeness.
Section 20. Professional representation.
(a) An institution, athletic association, conference, or
other group or organization with authority over
intercollegiate athletics may not prevent a student athlete
from obtaining professional representation in relation to a
contract or legal matter, including, but not limited to,
representation provided by an athlete agent or legal
representation provided by an attorney.
(b) An athlete agent representing a student athlete shall

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comply with the federal Sports Agent Responsibility and Trust
Act in his or her relationship with the student athlete.
Section 25. Scholarships. A scholarship from the
institution in which a student athlete is enrolled that
provides the student with the cost of attendance at that
institution is not compensation for purposes of this Act, and a
scholarship may not be revoked as a result of earning
compensation or obtaining legal representation pursuant to
this Act.
Section 30. Contracts.
(a) A student athlete may not enter into a contract
providing compensation to the athlete for use of the athlete's
name, image, or likeness if a provision of the contract is in
conflict with a provision of the athlete's team contract.
(b) A student athlete who enters into a contract providing
compensation to the athlete for use of the athlete's name,
image, or likeness shall disclose the contract to an official
of the institution, to be designated by the institution.
(c) An institution asserting a conflict described in
subsection (a) shall disclose to the student athlete or the
athlete's legal representation the relevant contractual
provision that is in conflict.
(d) A team contract of an institution's athletic program
may not prevent a student athlete from using the athlete's

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name, image, or likeness for a commercial purpose when the
athlete is not engaged in official team activities. It is the
intent of the General Assembly that this prohibition shall
apply only to contracts entered into, modified, or renewed on
or after the effective date of this Act.
Section 99. Effective date. This Act takes effect upon
becoming law.