Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 401/ Illinois Athlete Agents Act.

225 ILCS 401/ Illinois Athlete Agents Act.

    (225 ILCS 401/1)
    Sec. 1. Short title. This Act may be cited as the Illinois Athlete Agents Act.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/10)
    Sec. 10. Declaration of public policy. Practice as an athlete agent in the State of Illinois is hereby declared to affect the public health, safety, and well‑being of its citizens and to be subject to regulation and control in the public interest. It is further declared that the practice as an athlete agent, as defined in this Act, merits the confidence of the public, and that only qualified persons shall be authorized to engage in such practice in the State of Illinois. This Act shall be liberally construed to best carry out this purpose.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/15)
    Sec. 15. Definitions. In this Act:
    "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by contacting the Department's licensure maintenance unit.
    "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.
    "Athlete agent" means an individual who enters into an agency contract with a student‑athlete or, directly or indirectly, recruits or solicits a student‑athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student‑athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.
    "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
    "Contact" means a communication, direct or indirect, between an athlete agent and a student‑athlete, to recruit or solicit the student‑athlete to enter into an agency contract.
    "Department" means the Department of Financial and Professional Regulation.
    "Endorsement contract" means an agreement under which a student‑athlete is employed or receives consideration to use on 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.
    "Intercollegiate sport" means a sport 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.
    "License" means a person holding licensure as an athlete agent pursuant to this Act.
    "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
    "Professional‑sports‑services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.
    "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
    "Secretary" means the Secretary of Financial and Professional Regulation.
    "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
    "Student‑athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. 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.
    "Licensed athlete agent" means an individual who is licensed under this Act to engage as an athlete agent in Illinois.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/20)
    Sec. 20. Exemptions. Nothing in this Act shall be construed to prohibit practice as an athlete agent for the following:
        (a) Practice as an athlete agent by officers and
    employees of the United States government within the scope of their employment.
        (b) Practice as an athlete agent by any person
    licensed in this State under any other Act from engaging in the practice for which he is licensed.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/25)
    Sec. 25. Restrictions and limitations.
    (a) No person without a license under this Act or who is otherwise exempt from this Act shall: (i) in any manner hold himself or herself out to the public as a licensed athlete agent; (ii) attach the title "licensed athlete agent" to his or her name; or (iii) render or offer to render to any individual, athlete or other person or entity any services or activities constituting the practice of an athlete agent as defined in this Act.
    (b) A person shall be construed to practice, render or offer to practice as an athlete agent, within the meaning and intent of this Act, if that person: (i) by verbal claim, sign, advertisement, letterhead, card, or any other means, represents himself or herself to be an athlete agent or through the use of some title implies that he or she is an athlete agent or is licensed under this Act; (ii) holds himself or herself out as able to perform or does perform services or work defined in this Act as the practice of an athlete agent; or (iii) provides services as an athlete agent as set forth in this Act.
    Individuals practicing as an athlete agent in Illinois as of the effective date of this Act may continue to practice as provided in this Act until the Department has adopted rules implementing this Act. To continue practicing as an athlete agent after the adoption of rules, individuals shall apply for licensure within 90 days after the effective date of the rules. If an application is received during the 90‑day period, then the individual may continue to practice until the Department acts to grant or deny licensure. If an application is not filed 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.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/30)
    Sec. 30. Practice pending licensure; void contracts.
    (a) Except as otherwise provided in Section 20 or in subsection (b) of this Section, an individual may not act as an athlete agent in this State without holding a license issued under this Act.
    (b) Before being issued a license, an individual may act as an athlete agent in this State for all purposes except signing an agency contract if:
        (1) a student‑athlete or another person acting on
    behalf of the student‑athlete initiates communication with the individual; and
        (2) within 7 days after an initial act as an athlete
    agent, the individual submits an application and the application and fee have been received by the Department for licensure as an athlete agent in this State.
    (c) An agency contract resulting from conduct in violation of this Section is void and the athlete agent shall return any consideration received under the contract.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/35)
    Sec. 35. Powers and duties of the Department. Subject to the provisions of this Act, the Department may:
        (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.
        (2) Prescribe rules for a method of examination of
    candidates if required.
        (3) Conduct hearings on proceedings to revoke,
    suspend, or otherwise discipline or take non‑disciplinary action.
        (4) Promulgate rules required for the administration
    of this Act.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/40)
    Sec. 40. Application for original license. Applications for original licenses shall be made to the Department on forms prescribed by the Department and accompanied by the required fee. All applications shall contain the information that, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for a license to practice as an athlete agent.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/45)
    Sec. 45. Qualifications for licensure.
    (a) A person is qualified for licensure as an athlete agent if that person:
        (1) is at least 21 years of age;
        (2) has applied in writing on forms prepared and
    furnished by the Department;
        (3) has not engaged or is not engaged in any
     practice or conduct that would be grounds for disciplining a licensee under this Act;
        (4) pays the required non‑refundable fee as set forth
    in rule;
        (5) submits an application which is signed or
    otherwise authenticated by the applicant under penalty of perjury which contains the following information:
            (A) the name and social security number of the
        applicant, and the address of the applicant's principal place of business;
            (B) the name of the applicant's business or
        employer, if applicable;
            (C) any business or occupation engaged in by the
        applicant for the five years next preceding the date of submission of the application;
            (D) a description of the applicant's:
                (i) education or formal training as an
            athlete agent;
                (ii) work history, including but not limited
            to any practical experience as an athlete agent; and
                (iii) educational background;
            (E) the names and addresses of all persons who
        are:
                (i) with respect to the athlete agent's
            business if it is not a corporation, the partners, members, officers, managers, associates, or profit‑sharers of the business; and
                (ii) with respect to a corporation employing
            the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent or greater;
            (F) the names and addresses of 3 individuals not
        related to the applicant who are willing to serve as references; and
            (G) the name, sport, and last known team for each
        individual for whom the applicant acted as an athlete agent during the 5 years next preceding the date of submission of the application; and
        (7) has complied with all other requirements of
    this Act and rules established for the implementation of this Act.
    (b) Applicants have 3 years from the date of application
    to complete the application process. If the process has not been completed in 3 years, then the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/50)
    Sec. 50. Licensure by endorsement.
    (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 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) The Department may adopt rules to further define the licensing criteria under this Section.
    (c) Applicants have 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, then the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/55)
    Sec. 55. Licenses; renewals; restoration; person in military service.
    (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. As a condition for renewal of a license, the licensee may be required to complete continuing education under requirements set forth in rules of the Department.
    (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 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.
    (c) If the person has not maintained an active practice in another jurisdiction satisfactory to the Department, then the Department shall determine, by an evaluation program established by rule, the person's fitness to resume active status and may require the person to complete a period of evaluated experience. However, any person whose license expired while (i) in federal service on active duty with the Armed Forces of the United States or called into service or training with the State Militia, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service may have his or her license renewed or restored without paying any lapsed renewal fees if, within 2 years after honorable termination of the service, training or education, except under condition other than honorable, he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that the service, training, or education has been so terminated.
    (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 payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice.
    (e) Any person requesting his or her license be changed from inactive to active status shall be required to pay the current renewal fee and shall also demonstrate compliance with any applicable continuing education requirements.
    (f) Any licensee whose license is nonrenewed or on inactive status shall not engage in the practice as an athlete agent as set forth in this Act in the State of Illinois and use the title or advertise that he or she performs the services of an athlete agent.
    (g) Any person violating subsection (f) of this Section shall be considered to be practicing without a license and will be subject to the disciplinary provisions of this Act.
    (h) The Department may adopt additional rules in order to effectively administer the provisions in this Section.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/60)
    Sec. 60. Fees.
    (a) The fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration fees, shall be set by the Department by rule. The fees shall not be refundable.
    (b) All fees and other monies collected under this Act shall be deposited in the General Professions Dedicated Fund.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/65)
    Sec. 65. Roster. The Department shall maintain a roster of names and addresses of all persons who hold valid licenses and all persons whose licenses have been suspended, revoked or otherwise disciplined within the previous year. This roster shall be available upon request and payment of the required fee as set forth by rule.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/70)
    Sec. 70. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, then the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, then he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/75)
    Sec. 75. Grounds for disciplinary action.
    (a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non‑disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $10,000 for each violation, with regard to any license for any one or combination of the following:
        (1) Making a material misstatement in furnishing
    information to the Department.
        (2) Violating this Act, or the rules adopted
    pursuant to this Act.
        (3) Conviction of or entry of a plea of guilty or
    nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including but not limited to convictions, preceding sentences of supervision, conditional discharge or first offender probation, to any crime that is a felony under the laws of the United States or any state or territory thereof or that is a misdemeanor of which as essential element is dishonesty, or any crime that is directly related to the practice of the profession.
        (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.
        (5) Professional incompetence.
        (6) Gross malpractice.
        (7) Aiding or assisting another person in
    violating any provision of this Act or rules adopted under this Act.
        (8) Failing, within 60 days, to provide
    information in response to a written request made by the Department.
        (9) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive, defraud, or harm the public.
        (10) Inability to practice with reasonable
    judgment, skill or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants or any other chemical agent or drug.
        (11) Denial of any application as an athlete agent
    or discipline 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.
        (12) A finding by the Department that the licensee,
    after having his or her license placed on probationary status, has violated the terms of probation.
        (13) Willfully making or filing false records or
    reports in his or her practice, including but not limited to, false records filed with State agencies or departments.
        (14) Inability to practice the profession with
    reasonable judgment, skill, or safety as a result of a physical illness, including but not limited to deterioration through the aging process or loss of motor skill, or a mental illness or disability.
        (15) Solicitation of professional services other
    than permitted advertising.
        (16) Conviction of or cash compromise of a charge
    or violation of the Illinois Controlled Substances Act regulating narcotics.
        (17) Gross, willful, or continued overcharging for
    professional services, including filing false statements for collection of fees for which services are not rendered.
        (18) Practicing under a false or, except as
    provided by law, an assumed name.
        (19) Fraud or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with applying for renewal of a license under this Act.
        (20) Any instance in which the conduct of the
    applicant or any person named pursuant to item (5) of subsection (a) of Section 45 resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student‑athlete or educational institution.
        (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.
        (22) Committing any of the activities set forth in
    subsection (b) of Section 175 of this Act.
    (b) A person holding a license under this Act or has
    applied for licensure under this Act who, because of a physical or mental illness or disability, including but not limited to deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety may be required by the Department to submit to care, counseling or treatment by physicians approved or designated by the Department as a condition, term or restriction for continued, reinstated or renewed licensure to practice. Submission to care, counseling or treatment as required by the Department shall not be considered discipline of the license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, then the Department may file a complaint to suspend, revoke, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment.
    (c) The determination by a circuit court that a
    licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code, as amended, operates as an automatic suspension. The suspension will end only upon a finding by a court that the licensee is no longer subject to the involuntary admission or judicial admission and issues an order so finding and discharging the licensee; and upon review of the order by the Secretary or his or her designee, the licensee may be allowed to resume his or her practice.
    (d) The Department may refuse to issue or may suspend
    without hearing as provided for in the Code of Civil Procedure the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of the tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
    (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 Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. Failure of an individual to submit to a mental or physical examination, when directed, shall be grounds for the immediate suspension of his or her license until the individual submits to the examination if the Department finds that the refusal to submit to the examination was without reasonable cause as defined by rule.
    In instances in which the Secretary immediately suspends
    a person's license for his or her failure to submit to a mental or physical examination, when directed, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay.
    In instances in which the Secretary otherwise suspends a
    person's license pursuant to the results of a compelled mental or physical examination a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The 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.
    An individual licensed under this Act and affected under
    this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(Source: P.A. 96‑1030, eff. 1‑1‑11.)

    (225 ILCS 401/80)
    Sec. 80. Required form of contract.
    (a) An agency contract must be in a record, signed or otherwise authenticated by the parties.
    (b) An agency contract must state or contain the following:
        (1) the amount and method of calculating the
    consideration to be paid by the student‑athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
        (2) the name of any person not listed in the
    application for registration or renewal of registration who will be compensated because the student‑athlete signed the agency contract;
        (3) a description of any expenses that the
    student‑athlete agr