Sen. David Koehler

Filed: 3/23/2023

 

 


 

 


 
10300SB1782sam001LRB103 28386 SPS 59809 a

1
AMENDMENT TO SENATE BILL 1782

2    AMENDMENT NO. ______. Amend Senate Bill 1782 on page 2,
3line 8, after "content", by inserting ", performed in
4Illinois,"; and
 
5on page 3, by replacing lines 7 through 25 with the following:
6    "(b) On an annual basis, the vlogger shall report to the
7Department of Labor the following information:
8        (1) the name and documentary proof of the age of the
9    minor engaged in the work of vlogging;
10        (2) the number of vlogs that generated compensation as
11    described in subsection (a) during the reporting period;
12        (3) the total number of minutes of the vlogs that the
13    vlogger received compensation for during the reporting
14    period;
15        (4) the total number of minutes each minor was
16    featured in vlogs during the reporting period;
17        (5) the total compensation generated from vlogs

 

 

10300SB1782sam001- 2 -LRB103 28386 SPS 59809 a

1    featuring a minor during the reporting period; and
2        (6) the amount deposited into the trust account for
3    the benefit of the minor engaged in the working of
4    vlogging, as required by Section 12.6.
5    (c) If a vlogger fails to report to the Department of Labor
6as provided in subsection (b), the minor may commence a civil
7action to enforce the provisions of this Section.
8    (d) The Department of Labor may adopt rules to implement
9this Section."; and
 
10on page 4, line 16, after "than", by inserting "half of"; and
 
11on page 5, immediately below line 13, by inserting the
12following:
13    "(c) If a vlogger knowingly or recklessly violates this
14Section, a minor engaged in the work of vlogging may commence
15an action to enforce the provisions of this Section regarding
16the trust account. The court may award, to a minor who prevails
17in any action brought in accordance with this Section, the
18following damages:
19        (1) actual damages;
20        (2) punitive damages; and
21        (3) the costs of the action, including attorney's fees
22    and litigation costs.
23    (d) This Section does not affect a right or remedy
24available under any other law of the State.

 

 

10300SB1782sam001- 3 -LRB103 28386 SPS 59809 a

1    (e) Nothing in this Section shall be interpreted to have
2any effect on a party that is neither the vlogger, the minor
3engaged in the work of vlogging, nor the Department of Labor.
 
4    Section 99. Effective date. This Act takes effect January
51, 2024.".