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


Rep. Sharon Chung

Filed: 5/5/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1782, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Child Labor Law is amended by changing
6Sections 0.5 and 9 and by adding Sections 2.6 and 12.6 as
8    (820 ILCS 205/0.5)
9    Sec. 0.5. Definitions. As used in this Act:
10    "District Superintendent of Schools" means an individual
11employed by a board of education in accordance with Section
1210-21.4 of the School Code and shall also include the chief
13executive officer of a school district in a city with over
14500,000 inhabitants.
15    "Duly authorized agent" means an individual who has been
16designated by a Regional or District Superintendent of Schools



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1as their agent for the limited purpose of issuing employment
2certificates to minors under the age of 16, and may include
3officials of any public school district, charter school, or
4any State-recognized, non-public school.
5    "Family" means a group of persons related by blood or
6marriage, including civil partnerships, or whose close
7relationship with each other is considered equivalent to a
8family relationship by the individuals.
9    "Online platform" means any public-facing website, web
10application, or digital application, including a mobile
11application. "Online platform" includes a social network,
12advertising network, mobile operating system, search engine,
13email service, or Internet access service.
14    "Regional Superintendent of Schools" means the chief
15administrative officer of an educational service region
16pursuant to Section 3A-2 of the School Code.
17    "Vlog" means content shared on an online platform in
18exchange for compensation.
19    "Vlogger" means an individual or family that creates video
20content, performed in Illinois, in exchange for compensation,
21and includes any proprietorship, partnership, company, or
22other corporate entity assuming the name or identity of a
23particular individual or family for the purposes of that
24content creation. "Vlogger" does not include any person under
25the age of 16 who produces his or her own vlogs.
26(Source: P.A. 102-32, eff. 6-25-21.)



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1    (820 ILCS 205/2.6 new)
2    Sec. 2.6. Minors featured in vlogs.
3    (a) A minor under the age of 16 is considered engaged in
4the work of vlogging when the following criteria are met at any
5time during the previous 12-month period:
6        (1) at least 30% of the vlogger's compensated video
7    content produced within a 30-day period included the
8    likeness, name, or photograph of the minor. Content
9    percentage is measured by the percentage of time the
10    likeness, name, or photograph of the minor visually
11    appears or is the subject of an oral narrative in a video
12    segment, as compared to the total length of the segment;
13    and
14        (2) the number of views received per video segment on
15    any online platform met the online platform's threshold
16    for the generation of compensation or the vlogger received
17    actual compensation for video content equal to or greater
18    than $0.10 per view.
19    (b) With the exception of Section 12.6, the provisions of
20this Act do not apply to a minor engaged in the work of
22    (c) All vloggers whose content features a minor under the
23age of 16 engaged in the work of vlogging shall maintain the
24following records and shall provide them to the minor on an
25ongoing basis:



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1        (1) the name and documentary proof of the age of the
2    minor engaged in the work of vlogging;
3        (2) the number of vlogs that generated compensation as
4    described in subsection (a) during the reporting period;
5        (3) the total number of minutes of the vlogs that the
6    vlogger received compensation for during the reporting
7    period;
8        (4) the total number of minutes each minor was
9    featured in vlogs during the reporting period;
10        (5) the total compensation generated from vlogs
11    featuring a minor during the reporting period; and
12        (6) the amount deposited into the trust account for
13    the benefit of the minor engaged in the working of
14    vlogging, as required by Section 12.6.
15    (d) If a vlogger whose vlog content features minors under
16the age of 16 engaged in the work of vlogging fails to maintain
17the records as provided in subsection (c), the minor may
18commence a civil action to enforce the provisions of this
20    (820 ILCS 205/9)  (from Ch. 48, par. 31.9)
21    Sec. 9. Except in occupations specifically exempted by
22Sections Section 2 and 2.6, and occupations in connection with
23agriculture, no minor under 16 years of age shall be employed,
24permitted or allowed to work in any gainful occupation unless
25the person, firm, or corporation employing such minor procures



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1and keeps on file an employment certificate.
2(Source: P.A. 84-551.)
3    (820 ILCS 205/12.6 new)
4    Sec. 12.6. Minor engaged in the work of vlogging; trust
6    (a) A minor satisfying the criteria described in
7subsection (a) of Section 2.6 must be compensated by the
8vlogger. The vlogger must set aside gross earnings on the
9video content including the likeness, name, or photograph of
10the minor in a trust account to be preserved for the benefit of
11the minor upon reaching the age of majority, according to the
12following distribution:
13        (1) where only one minor meets the content threshold
14    described in Section 2.6, the percentage of total gross
15    earnings on any video segment including the likeness,
16    name, or photograph of the minor that is equal to or
17    greater than half of the content percentage that includes
18    the minor as described in Section 2.6; or
19        (2) where more than one minor meets the content
20    threshold described in Section 2.6 and a video segment
21    includes more than one of those minors, the percentage
22    described in paragraph (1) for all minors in any segment
23    must be equally divided between the minors, regardless of
24    differences in percentage of content provided by the
25    individual minors.



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1    (b) A trust account required under this Section must
2provide, at a minimum, the following:
3        (1) that the funds in the account shall be available
4    only to the minor engaged in the work of vlogging;
5        (2) that the account shall be held by a bank,
6    corporate fiduciary, or trust company, as those terms are
7    defined in the Corporate Fiduciary Act;
8        (3) that the funds in the account shall become
9    available to the minor engaged in the work of vlogging
10    upon the minor attaining the age of 18 years or until the
11    minor is declared emancipated; and
12        (4) that the account meets the requirements of the
13    Illinois Uniform Transfers to Minors Act.
14    (c) If a vlogger knowingly or recklessly violates this
15Section, a minor satisfying the criteria described in
16subsection (a) of Section 2.6 may commence an action to
17enforce the provisions of this Section regarding the trust
18account. The court may award, to a minor who prevails in any
19action brought in accordance with this Section, the following
21        (1) actual damages;
22        (2) punitive damages; and
23        (3) the costs of the action, including attorney's fees
24    and litigation costs.
25    (d) This Section does not affect a right or remedy
26available under any other law of the State.



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