Illinois General Assembly - Full Text of SB1782
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Full Text of SB1782  103rd General Assembly




SB1782 EngrossedLRB103 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 1 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    "Online platform" means any public-facing website, web
21application, or digital application, including a mobile
22application. "Online platform" includes a social network,
23advertising network, mobile operating system, search engine,



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1email service, or Internet access service.
2    "Regional Superintendent of Schools" means the chief
3administrative officer of an educational service region
4pursuant to Section 3A-2 of the School Code.
5    "Vlog" means content shared on an online platform in
6exchange for compensation.
7    "Vlogger" means an individual or family that creates video
8content, performed in Illinois, in exchange for compensation,
9and includes any proprietorship, partnership, company, or
10other corporate entity assuming the name or identity of a
11particular individual or family for the purposes of that
12content creation.
13(Source: P.A. 102-32, eff. 6-25-21.)
14    (820 ILCS 205/2.6 new)
15    Sec. 2.6. Minors featured in vlogs.
16    (a) A minor under the age of 16 is considered engaged in
17the work of vlogging when the following criteria are met at any
18time during the previous 12-month period:
19        (1) at least 30% of the vlogger's compensated video
20    content produced within a 30-day period included the
21    likeness, name, or photograph of the vlogger's minor
22    child. Content percentage is measured by the percentage of
23    time the likeness, name, or photograph of the vlogger's
24    minor child visually appears or is the subject of an oral
25    narrative in a video segment, as compared to the total



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1    length of the segment; and
2        (2) the number of views received per video segment on
3    any online platform met the online platform's threshold
4    for the generation of compensation or the vlogger received
5    actual compensation for video content equal to or greater
6    than $0.10 per view.
7    (b) On an annual basis, the vlogger shall report to the
8Department of Labor the following information:
9        (1) the name and documentary proof of the age of the
10    minor engaged in the work of vlogging;
11        (2) the number of vlogs that generated compensation as
12    described in subsection (a) during the reporting period;
13        (3) the total number of minutes of the vlogs that the
14    vlogger received compensation for during the reporting
15    period;
16        (4) the total number of minutes each minor was
17    featured in vlogs during the reporting period;
18        (5) the total compensation generated from vlogs
19    featuring a minor during the reporting period; and
20        (6) the amount deposited into the trust account for
21    the benefit of the minor engaged in the working of
22    vlogging, as required by Section 12.6.
23    (c) If a vlogger fails to report to the Department of Labor
24as provided in subsection (b), the minor may commence a civil
25action to enforce the provisions of this Section.
26    (d) The Department of Labor may adopt rules to implement



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1this Section.
2    (820 ILCS 205/12.6 new)
3    Sec. 12.6. Minor engaged in the work of vlogging; trust
5    (a) A vlogger's minor child satisfying the criteria
6described in Section 2.6 must be compensated by the vlogger.
7The vlogger must:
8        (1) set aside gross earnings on the video content
9    including the likeness, name, or photograph of the
10    vlogger's minor child in a trust account to be preserved
11    for the benefit of the minor upon reaching the age of
12    majority, according to the following distribution:
13            (A) where only one minor child meets the content
14        threshold described in Section 2.6, the percentage of
15        total gross earnings on any video segment including
16        the likeness, name, or photograph of the vlogger's
17        minor child that is equal to or greater than half of
18        the content percentage that includes the minor child
19        as described in Section 2.6; or
20            (B) where more than one minor child meets the
21        content threshold described in Section 2.6 and a video
22        segment includes more than one of those children, the
23        additive percentage described in paragraph (A) for all
24        minor children in any segment must be equally divided
25        between the children, regardless of differences in



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1        percentage of content provided by the individual
2        children.
3    (b) A trust account required under this Section must
4provide, at a minimum, the following:
5        (1) that the funds in the account shall be available
6    only to the minor engaged in the work of vlogging;
7        (2) that the account shall be held by a bank,
8    corporate fiduciary, or trust company, as those terms are
9    defined in the Corporate Fiduciary Act;
10        (3) that the funds in the account shall become
11    available to the minor engaged in the work of vlogging
12    upon the minor attaining the age of 18 years or until the
13    minor is declared emancipated; and
14        (4) that the account meets the requirements of the
15    Illinois Uniform Transfers to Minors Act.
16    (c) If a vlogger knowingly or recklessly violates this
17Section, a minor engaged in the work of vlogging may commence
18an action to enforce the provisions of this Section regarding
19the trust account. The court may award, to a minor who prevails
20in any action brought in accordance with this Section, the
21following damages:
22        (1) actual damages;
23        (2) punitive damages; and
24        (3) the costs of the action, including attorney's fees
25    and litigation costs.
26    (d) This Section does not affect a right or remedy



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1available under any other law of the State.
2    (e) Nothing in this Section shall be interpreted to have
3any effect on a party that is neither the vlogger, the minor
4engaged in the work of vlogging, nor the Department of Labor.
5    Section 99. Effective date. This Act takes effect January
61, 2024.