Full Text of SB1784 103rd General Assembly
SB1784 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1784 Introduced 2/9/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
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Amends the Child Labor Law. Provides that a vlogger who features a minor child in a specified amount of the volgger's content shared on an online platform must set aside a specified amount of gross earnings on the video content in a trust account to be preserved for the benefit of the minor upon reaching the age of majority. Provides for the requirements of the trust account. Defines terms.
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| | A BILL FOR |
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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 adding | 5 | | Section 12.6 as follows: | 6 | | (820 ILCS 205/12.6 new) | 7 | | Sec. 12.6. Minor featured in vlogs; trust fund. | 8 | | (a) In this Section: | 9 | | "Online platform" means any public-facing website, web | 10 | | application, or digital application, including a mobile | 11 | | application. "Online platform" includes a social network, | 12 | | advertising network, mobile operating system, search engine, | 13 | | email service, or Internet access service. | 14 | | "Vlog" means content shared on an online platform in | 15 | | exchange for compensation. | 16 | | "Vlogger" means an individual or family that creates video | 17 | | content in exchange for compensation. "Vlogger" includes any | 18 | | proprietorship, partnership, company, or other corporate | 19 | | entity assuming the name or identity of a particular | 20 | | individual or family for the purpose of that content creation. | 21 | | (b) A minor under the age of 16 is considered engaged in | 22 | | the work of vlogging when the following criteria are met at any | 23 | | time during the previous 12-month period: |
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| 1 | | (1) at least 30% of the vlogger's compensated video | 2 | | content produced within a 30-day period included the | 3 | | likeness, name, or photograph of the vlogger's minor | 4 | | child. Content percentage is measured by the percentage of | 5 | | time the likeness, name, or photograph of the vlogger's | 6 | | minor child visually appears or is the subject of an oral | 7 | | narrative in a video segment, as compared to the total | 8 | | length of the segment; and | 9 | | (2) the number of views received per video segment on | 10 | | any online platform met the online platform's threshold | 11 | | for the generation of compensation or the vlogger received | 12 | | actual compensation for video content equal to or greater | 13 | | than $0.10 per view. | 14 | | (c) A vlogger's minor child satisfying the criteria | 15 | | described in subsection (b) must be compensated by the | 16 | | vlogger. The vlogger must: | 17 | | (1) set aside gross earnings on the video content | 18 | | including the likeness, name, or photograph of the | 19 | | vlogger's minor child in a trust account to be preserved | 20 | | for the benefit of the minor upon reaching the age of | 21 | | majority, according to the following distribution: | 22 | | (A) where only one minor child meets the content | 23 | | threshold described in subsection (b), the percentage | 24 | | of total gross earnings on any video segment including | 25 | | the likeness, name, or photograph of the vlogger's | 26 | | minor child that is equal to or greater than the |
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| 1 | | content percentage that includes the minor child as | 2 | | described in subsection (b); or | 3 | | (B) where more than one minor child meets the | 4 | | content threshold described in subsection (b) and a | 5 | | video segment includes more than one of those | 6 | | children, the additive percentage described in | 7 | | paragraph (A) for all minor children in any segment | 8 | | must be equally divided between the children, | 9 | | regardless of differences in percentage of content | 10 | | provided by the individual children. | 11 | | (d) A trust account required under this Section must | 12 | | provide, at a minimum, the following: | 13 | | (1) that the funds in the account shall be available | 14 | | only to the minor engaged in the work of vlogging; | 15 | | (2) that the account shall be held by a bank, | 16 | | corporate fiduciary, or trust company, as those terms are | 17 | | defined in the Corporate Fiduciary Act; | 18 | | (3) that the funds in the account shall become | 19 | | available to the minor engaged in the work of vlogging | 20 | | upon the minor attaining the age of 18 years or until the | 21 | | minor is declared emancipated; and | 22 | | (4) that the account meets the requirements of the | 23 | | Illinois Uniform Transfers to Minors Act.
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