SB1782 EnrolledLRB103 28386 SPS 54766 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Child Labor Law is amended by changing
5Sections 0.5 and 9 and by adding Sections 2.6 and 12.6 as
7    (820 ILCS 205/0.5)
8    Sec. 0.5. Definitions. As used in this Act:
9    "District Superintendent of Schools" means an individual
10employed by a board of education in accordance with Section
1110-21.4 of the School Code and shall also include the chief
12executive officer of a school district in a city with over
13500,000 inhabitants.
14    "Duly authorized agent" means an individual who has been
15designated by a Regional or District Superintendent of Schools
16as their agent for the limited purpose of issuing employment
17certificates to minors under the age of 16, and may include
18officials of any public school district, charter school, or
19any State-recognized, non-public school.
20    "Family" means a group of persons related by blood or
21marriage, including civil partnerships, or whose close
22relationship with each other is considered equivalent to a
23family relationship by the individuals.



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1    "Online platform" means any public-facing website, web
2application, or digital application, including a mobile
3application. "Online platform" includes a social network,
4advertising network, mobile operating system, search engine,
5email service, or Internet access service.
6    "Regional Superintendent of Schools" means the chief
7administrative officer of an educational service region
8pursuant to Section 3A-2 of the School Code.
9    "Vlog" means content shared on an online platform in
10exchange for compensation.
11    "Vlogger" means an individual or family that creates video
12content, performed in Illinois, in exchange for compensation,
13and includes any proprietorship, partnership, company, or
14other corporate entity assuming the name or identity of a
15particular individual or family for the purposes of that
16content creation. "Vlogger" does not include any person under
17the age of 16 who produces his or her own vlogs.
18(Source: P.A. 102-32, eff. 6-25-21.)
19    (820 ILCS 205/2.6 new)
20    Sec. 2.6. Minors featured in vlogs.
21    (a) A minor under the age of 16 is considered engaged in
22the work of vlogging when the following criteria are met at any
23time during the previous 12-month period:
24        (1) at least 30% of the vlogger's compensated video
25    content produced within a 30-day period included the



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1    likeness, name, or photograph of the minor. Content
2    percentage is measured by the percentage of time the
3    likeness, name, or photograph of the minor visually
4    appears or is the subject of an oral narrative in a video
5    segment, as compared to the total length of the segment;
6    and
7        (2) the number of views received per video segment on
8    any online platform met the online platform's threshold
9    for the generation of compensation or the vlogger received
10    actual compensation for video content equal to or greater
11    than $0.10 per view.
12    (b) With the exception of Section 12.6, the provisions of
13this Act do not apply to a minor engaged in the work of
15    (c) All vloggers whose content features a minor under the
16age of 16 engaged in the work of vlogging shall maintain the
17following records and shall provide them to the minor on an
18ongoing basis:
19        (1) the name and documentary proof of the age of the
20    minor engaged in the work of vlogging;
21        (2) the number of vlogs that generated compensation as
22    described in subsection (a) during the reporting period;
23        (3) the total number of minutes of the vlogs that the
24    vlogger received compensation for during the reporting
25    period;
26        (4) the total number of minutes each minor was



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1    featured in vlogs during the reporting period;
2        (5) the total compensation generated from vlogs
3    featuring a minor during the reporting period; and
4        (6) the amount deposited into the trust account for
5    the benefit of the minor engaged in the working of
6    vlogging, as required by Section 12.6.
7    (d) If a vlogger whose vlog content features minors under
8the age of 16 engaged in the work of vlogging fails to maintain
9the records as provided in subsection (c), the minor may
10commence a civil action to enforce the provisions of this
12    (820 ILCS 205/9)  (from Ch. 48, par. 31.9)
13    Sec. 9. Except in occupations specifically exempted by
14Sections Section 2 and 2.6, and occupations in connection with
15agriculture, no minor under 16 years of age shall be employed,
16permitted or allowed to work in any gainful occupation unless
17the person, firm, or corporation employing such minor procures
18and keeps on file an employment certificate.
19(Source: P.A. 84-551.)
20    (820 ILCS 205/12.6 new)
21    Sec. 12.6. Minor engaged in the work of vlogging; trust
23    (a) A minor satisfying the criteria described in
24subsection (a) of Section 2.6 must be compensated by the



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1vlogger. The vlogger must set aside gross earnings on the
2video content including the likeness, name, or photograph of
3the minor in a trust account to be preserved for the benefit of
4the minor upon reaching the age of majority, according to the
5following distribution:
6        (1) where only one minor meets the content threshold
7    described in Section 2.6, the percentage of total gross
8    earnings on any video segment including the likeness,
9    name, or photograph of the minor that is equal to or
10    greater than half of the content percentage that includes
11    the minor as described in Section 2.6; or
12        (2) where more than one minor meets the content
13    threshold described in Section 2.6 and a video segment
14    includes more than one of those minors, the percentage
15    described in paragraph (1) for all minors in any segment
16    must be equally divided between the minors, regardless of
17    differences in percentage of content provided by the
18    individual minors.
19    (b) A trust account required under this Section must
20provide, at a minimum, the following:
21        (1) that the funds in the account shall be available
22    only to the minor engaged in the work of vlogging;
23        (2) that the account shall be held by a bank,
24    corporate fiduciary, or trust company, as those terms are
25    defined in the Corporate Fiduciary Act;
26        (3) that the funds in the account shall become



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1    available to the minor engaged in the work of vlogging
2    upon the minor attaining the age of 18 years or until the
3    minor is declared emancipated; and
4        (4) that the account meets the requirements of the
5    Illinois Uniform Transfers to Minors Act.
6    (c) If a vlogger knowingly or recklessly violates this
7Section, a minor satisfying the criteria described in
8subsection (a) of Section 2.6 may commence an action to
9enforce the provisions of this Section regarding the trust
10account. The court may award, to a minor who prevails in any
11action brought in accordance with this Section, the following
13        (1) actual damages;
14        (2) punitive damages; and
15        (3) the costs of the action, including attorney's fees
16    and litigation costs.
17    (d) This Section does not affect a right or remedy
18available under any other law of the State.
19    (e) Nothing in this Section shall be interpreted to have
20any effect on a party that is neither the vlogger nor the minor
21engaged in the work of vlogging.
22    Section 99. Effective date. This Act takes effect July 1,