Bill Amendment: IL SB1782 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CHILD LABOR-ONLINE CONTENT
Status: 2023-08-11 - Public Act . . . . . . . . . 103-0556 [SB1782 Detail]
Download: Illinois-2023-SB1782-House_Amendment_001.html
Bill Title: CHILD LABOR-ONLINE CONTENT
Status: 2023-08-11 - Public Act . . . . . . . . . 103-0556 [SB1782 Detail]
Download: Illinois-2023-SB1782-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1782
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2 | AMENDMENT NO. ______. Amend Senate Bill 1782 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
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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 |
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1 | certificates to minors under the age of 16, and may include | ||||||
2 | officials of any public school district, charter school, or | ||||||
3 | any State-recognized, non-public school. | ||||||
4 | "Family" means a group of persons related by blood or | ||||||
5 | marriage, including civil partnerships, or whose close | ||||||
6 | relationship with each other is considered equivalent to a | ||||||
7 | family relationship by the individuals. | ||||||
8 | "Online platform" means any public-facing website, web | ||||||
9 | application, or digital application, including a mobile | ||||||
10 | application. "Online platform" includes a social network, | ||||||
11 | advertising network, mobile operating system, search engine, | ||||||
12 | email service, or Internet access service. | ||||||
13 | "Regional Superintendent of Schools" means the chief | ||||||
14 | administrative officer of an educational service region | ||||||
15 | pursuant to Section 3A-2 of the School Code.
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16 | "Vlog" means content shared on an online platform in | ||||||
17 | exchange for compensation. | ||||||
18 | "Vlogger" means an individual or family that creates video | ||||||
19 | content, performed in Illinois, in exchange for compensation, | ||||||
20 | and includes any proprietorship, partnership, company, or | ||||||
21 | other corporate entity assuming the name or identity of a | ||||||
22 | particular individual or family for the purposes of that | ||||||
23 | content creation. "Vlogger" does not include any person under | ||||||
24 | the age of 16 who produces his or her own vlogs. | ||||||
25 | (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 | ||||||
4 | the work of vlogging when the following criteria are met at any | ||||||
5 | time 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 child. Content | ||||||
9 | percentage is measured by the percentage of time the | ||||||
10 | likeness, name, or photograph of the minor child 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) On an annual basis, the vlogger shall report to the | ||||||
20 | Department of Labor the following information: | ||||||
21 | (1) the name and documentary proof of the age of the | ||||||
22 | minor engaged in the work of vlogging; | ||||||
23 | (2) the number of vlogs that generated compensation as | ||||||
24 | described in subsection (a) during the reporting period; | ||||||
25 | (3) the total number of minutes of the vlogs that the | ||||||
26 | vlogger received compensation for during the reporting |
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1 | period; | ||||||
2 | (4) the total number of minutes each minor was | ||||||
3 | featured in vlogs during the reporting period; | ||||||
4 | (5) the total compensation generated from vlogs | ||||||
5 | featuring a minor during the reporting period; and | ||||||
6 | (6) the amount deposited into the trust account for | ||||||
7 | the benefit of the minor engaged in the working of | ||||||
8 | vlogging, as required by Section 12.6. | ||||||
9 | (c) If a vlogger fails to report to the Department of Labor | ||||||
10 | as provided in subsection (b), the minor may commence a civil | ||||||
11 | action to enforce the provisions of this Section. | ||||||
12 | (d) The Department of Labor may adopt rules to implement | ||||||
13 | this Section.
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14 | (820 ILCS 205/12.6 new) | ||||||
15 | Sec. 12.6. Minor engaged in the work of vlogging; trust | ||||||
16 | fund. | ||||||
17 | (a) A minor child satisfying the criteria described in | ||||||
18 | Section 2.6 must be compensated by the vlogger. The vlogger | ||||||
19 | must set aside gross earnings on the video content including | ||||||
20 | the likeness, name, or photograph of the minor child in a trust | ||||||
21 | account to be preserved for the benefit of the minor upon | ||||||
22 | reaching the age of majority, according to the following | ||||||
23 | distribution: | ||||||
24 | (1) where only one minor child meets the content | ||||||
25 | threshold described in Section 2.6, the percentage of |
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1 | total gross earnings on any video segment including the | ||||||
2 | likeness, name, or photograph of the minor child that is | ||||||
3 | equal to or greater than half of the content percentage | ||||||
4 | that includes the minor child as described in Section 2.6; | ||||||
5 | or | ||||||
6 | (2) where more than one minor child meets the content | ||||||
7 | threshold described in Section 2.6 and a video segment | ||||||
8 | includes more than one of those children, the percentage | ||||||
9 | described in paragraph (1) for all minor children in any | ||||||
10 | segment must be equally divided between the children, | ||||||
11 | regardless of differences in percentage of content | ||||||
12 | provided by the individual children. | ||||||
13 | (b) A trust account required under this Section must | ||||||
14 | provide, at a minimum, the following: | ||||||
15 | (1) that the funds in the account shall be available | ||||||
16 | only to the minor engaged in the work of vlogging; | ||||||
17 | (2) that the account shall be held by a bank, | ||||||
18 | corporate fiduciary, or trust company, as those terms are | ||||||
19 | defined in the Corporate Fiduciary Act; | ||||||
20 | (3) that the funds in the account shall become | ||||||
21 | available to the minor engaged in the work of vlogging | ||||||
22 | upon the minor attaining the age of 18 years or until the | ||||||
23 | minor is declared emancipated; and | ||||||
24 | (4) that the account meets the requirements of the | ||||||
25 | Illinois Uniform Transfers to Minors Act. | ||||||
26 | (c) If a vlogger knowingly or recklessly violates this |
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1 | Section, a minor engaged in the work of vlogging may commence | ||||||
2 | an action to enforce the provisions of this Section regarding | ||||||
3 | the trust account. The court may award, to a minor who prevails | ||||||
4 | in any action brought in accordance with this Section, the | ||||||
5 | following damages: | ||||||
6 | (1) actual damages; | ||||||
7 | (2) punitive damages; and | ||||||
8 | (3) the costs of the action, including attorney's fees | ||||||
9 | and litigation costs. | ||||||
10 | (d) This Section does not affect a right or remedy | ||||||
11 | available under any other law of the State. | ||||||
12 | (e) Nothing in this Section shall be interpreted to have | ||||||
13 | any effect on a party that is neither the vlogger, the minor | ||||||
14 | engaged in the work of vlogging, nor the Department of Labor.
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15 | Section 99. Effective date. This Act takes effect January | ||||||
16 | 1, 2024.".
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