SB 2542 — UNIFORM ATHLETE AGENTS ACT

SB2542 EngrossedEnrolled LRB096 16372 ASK 31636 b AN ACT concerning athlete agents.

SB2542 EngrossedEnrolled - 2 - LRB096 16372 ASK 31636 b "Agency contract" means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract.

"Endorsement contract" means an agreement under which a student-athlete is employed or receives consideration to use on SB2542 EngrossedEnrolled - 3 - LRB096 16372 ASK 31636 b behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

"State" means a state of the United States, the District of SB2542 EngrossedEnrolled - 4 - LRB096 16372 ASK 31636 b Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(i) in any manner hold SB2542 EngrossedEnrolled - 5 - LRB096 16372 ASK 31636 b himself or herself out to the public as a licensed athlete agent;

If an application is not filed SB2542 EngrossedEnrolled - 6 - LRB096 16372 ASK 31636 b within the 90-day period, then the individual must cease practice as an athlete agent at the conclusion of the 90-day period and until the Department acts to grant a license to the individual.

SB2542 EngrossedEnrolled - 7 - LRB096 16372 ASK 31636 b (1) Conduct or authorize examinations, at the discretion of the Department, to ascertain the fitness and qualifications of applicants for licensure and issue licenses to those who are found to be fit and qualified.

SB2542 EngrossedEnrolled - 8 - LRB096 16372 ASK 31636 b (3) has not engaged or is not engaged in any practice or conduct that would be grounds for disciplining a licensee under this Act;

(i) with respect to the athlete agent's business if it is not a corporation, the partners, SB2542 EngrossedEnrolled - 9 - LRB096 16372 ASK 31636 b members, officers, managers, associates, or profit-sharers of the business;

(a) The Department may, in its discretion, grant a license on submission of the required application and payment of the required non-refundable fee to any person who, at the time of SB2542 EngrossedEnrolled - 10 - LRB096 16372 ASK 31636 b application, is licensed by another state or the United States or of a foreign country or province whose standards, in the opinion of the Department, were substantially equivalent at the date of his or her licensure in the other jurisdiction to the requirements then in force in this State or to any person who at the time of his or her licensure possessed individual qualifications that were substantially equivalent to the requirements of this Act.

(b) Any person who has permitted his or her license to expire may have his or her license restored by making application to the Department and filing proof acceptable to SB2542 EngrossedEnrolled - 11 - LRB096 16372 ASK 31636 b the Department of fitness to have his or her license restored, which may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, complying with any continuing education requirements, and paying the required restoration fee.

(d) Any person who notifies the Department, in writing on forms prescribed by the Department, may place his or her license on inactive status and shall be excused from the SB2542 EngrossedEnrolled - 12 - LRB096 16372 ASK 31636 b payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice.

SB2542 EngrossedEnrolled - 13 - LRB096 16372 ASK 31636 b Section 65.

The Department may establish a fee for the processing of an application for restoration of a license to SB2542 EngrossedEnrolled - 14 - LRB096 16372 ASK 31636 b pay all expenses of processing this application.

SB2542 EngrossedEnrolled - 15 - LRB096 16372 ASK 31636 b (4) Making any misrepresentation for the purpose of obtaining licensure or violating any provision of this Act or the rules adopted under this Act pertaining to advertising.

(13) Willfully making or filing false records or SB2542 EngrossedEnrolled - 16 - LRB096 16372 ASK 31636 b reports in his or her practice, including but not limited to, false records filed with State agencies or departments.

SB2542 EngrossedEnrolled - 17 - LRB096 16372 ASK 31636 b (21) Any instance in which the conduct of any person named pursuant to item (5) of subsection (a) of Section 45 resulted in the denial of an application as an athlete agent or discipline of a license as an athlete agent by another state, District of Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.

The Secretary may order the license SB2542 EngrossedEnrolled - 18 - LRB096 16372 ASK 31636 b suspended immediately, pending a hearing by the Department.

(e) In enforcing this Section, the Department upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the SB2542 EngrossedEnrolled - 19 - LRB096 16372 ASK 31636 b Department.

The SB2542 EngrossedEnrolled - 20 - LRB096 16372 ASK 31636 b Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

(3) a description of any expenses that the SB2542 EngrossedEnrolled - 21 - LRB096 16372 ASK 31636 b student-athlete agrees to reimburse;

If a student-athlete voids an agency contract, then the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the SB2542 EngrossedEnrolled - 22 - LRB096 16372 ASK 31636 b athlete agent to induce the student-athlete to enter into the contract.

(a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the SB2542 EngrossedEnrolled - 23 - LRB096 16372 ASK 31636 b student-athlete intends to enroll.

(a) If any person violates the provisions of this Act, then the Secretary, in the name of the People of the State of Illinois, through the Attorney General or the State's Attorney SB2542 EngrossedEnrolled - 24 - LRB096 16372 ASK 31636 b of the county in which the violation is alleged to have occurred, may petition for an order enjoining the violation or for an order enforcing compliance with this Act.

The Department shall, before SB2542 EngrossedEnrolled - 25 - LRB096 16372 ASK 31636 b revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary or non-disciplinary action under Section 75 of this Act, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges with the Department under oath within 20 days after the service on him or her of the notice, and (iii) inform the accused that, if he or she fails to answer, default will be taken against him or her or that his or her license may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of his or her practice, as the Department may consider proper.

In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Department, be suspended, revoked, placed on probationary status, or the Department may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action SB2542 EngrossedEnrolled - 26 - LRB096 16372 ASK 31636 b under this Act.

The Secretary, the designated hearing officer, and other parties designated by the Department have the power to administer oaths to witnesses at any hearing that the Department is authorized to conduct, and any other oaths SB2542 EngrossedEnrolled - 27 - LRB096 16372 ASK 31636 b authorized in any Act administered by the Department.

In making recommendations for any disciplinary actions, the Hearing Officer may take into consideration all facts and circumstances bearing upon the reasonableness of the conduct of the accused and the potential for future harm to the public, including but not limited to previous discipline of the accused by the Department, intent, degree of harm to the public and likelihood of harm in the future, any restitution made by the accused, and SB2542 EngrossedEnrolled - 28 - LRB096 16372 ASK 31636 b whether the incident or incidents contained in the complaint appear to be isolated or represent a continuing pattern of conduct.

The Department may respond to the motion for rehearing within 20 SB2542 EngrossedEnrolled - 29 - LRB096 16372 ASK 31636 b days after its service on the Department.

The hearing officer shall report his or her findings of fact, conclusions of law, SB2542 EngrossedEnrolled - 30 - LRB096 16372 ASK 31636 b and recommendations to the Secretary.

SB2542 EngrossedEnrolled - 31 - LRB096 16372 ASK 31636 b Section 160.

The Department shall not be required to certify any record to the court, to file an answer in court, or to otherwise appear in any court in a judicial review proceeding unless and until the SB2542 EngrossedEnrolled - 32 - LRB096 16372 ASK 31636 b Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department.

SB2542 EngrossedEnrolled - 33 - LRB096 16372 ASK 31636 b (5) refuses or fails to retain or permit inspection of the records as required under this Act;

(d) All moneys collected under this Section shall be SB2542 EngrossedEnrolled - 34 - LRB096 16372 ASK 31636 b deposited into the General Fund.

SB2542 EngrossedEnrolled - 35 - LRB096 16372 ASK 31636 b Section 190.

SB2542 EngrossedEnrolled - 36 - LRB096 16372 ASK 31636 b Section 205.