Full Text of SB1782 103rd General Assembly
SB1782eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Labor Law is amended by changing | 5 | | Sections 0.5 and 1 and by adding Sections 2.6 and 12.6 as | 6 | | follows: | 7 | | (820 ILCS 205/0.5) | 8 | | Sec. 0.5. Definitions. As used in this Act: | 9 | | "District Superintendent of Schools" means an individual | 10 | | employed by a board of education in accordance with Section | 11 | | 10-21.4 of the School Code and shall also include the chief | 12 | | executive officer of a school district in a city with over | 13 | | 500,000 inhabitants. | 14 | | "Duly authorized agent" means an individual who has been | 15 | | designated by a Regional or District Superintendent of Schools | 16 | | as their agent for the limited purpose of issuing employment | 17 | | certificates to minors under the age of 16, and may include | 18 | | officials of any public school district, charter school, or | 19 | | any State-recognized, non-public school. | 20 | | "Online platform" means any public-facing website, web | 21 | | application, or digital application, including a mobile | 22 | | application. "Online platform" includes a social network, | 23 | | advertising network, mobile operating system, search engine, |
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| 1 | | email service, or Internet access service. | 2 | | "Regional Superintendent of Schools" means the chief | 3 | | administrative officer of an educational service region | 4 | | pursuant to Section 3A-2 of the School Code.
| 5 | | "Vlog" means content shared on an online platform in | 6 | | exchange for compensation. | 7 | | "Vlogger" means an individual or family that creates video | 8 | | content, performed in Illinois, in exchange for compensation, | 9 | | and includes any proprietorship, partnership, company, or | 10 | | other corporate entity assuming the name or identity of a | 11 | | particular individual or family for the purposes of that | 12 | | content 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 | 17 | | the work of vlogging when the following criteria are met at any | 18 | | time 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 | 8 | | Department 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 | 24 | | as provided in subsection (b), the minor may commence a civil | 25 | | action to enforce the provisions of this Section. | 26 | | (d) The Department of Labor may adopt rules to implement |
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| 1 | | this Section. | 2 | | (820 ILCS 205/12.6 new) | 3 | | Sec. 12.6. Minor engaged in the work of vlogging; trust | 4 | | fund. | 5 | | (a) A vlogger's minor child satisfying the criteria | 6 | | described in Section 2.6 must be compensated by the vlogger. | 7 | | The 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 | 4 | | provide, 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 | 17 | | Section, a minor engaged in the work of vlogging may commence | 18 | | an action to enforce the provisions of this Section regarding | 19 | | the trust account. The court may award, to a minor who prevails | 20 | | in any action brought in accordance with this Section, the | 21 | | following 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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| 1 | | available under any other law of the State. | 2 | | (e) Nothing in this Section shall be interpreted to have | 3 | | any effect on a party that is neither the vlogger, the minor | 4 | | engaged in the work of vlogging, nor the Department of Labor.
| 5 | | Section 99. Effective date. This Act takes effect January | 6 | | 1, 2024.
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