Bill Text: IL SB1782 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes: Further amends the Child Labor Law. Changes references from "minor child" to "minor". Makes conforming changes in provisions concerning exempt occupations. Removes a rulemaking provision. Effective July 1, 2024.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0556 [SB1782 Detail]

Download: Illinois-2023-SB1782-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1782 Introduced 2/9/2023, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
820 ILCS 205/0.5
820 ILCS 205/2.6 new
820 ILCS 205/12.6 new
Amends the Child Labor Law. Provides that upon reaching the age of majority, any individual who was a minor engaged in the work of vlogging may request the permanent deletion of any video segment including the likeness, name, or photograph of the individual from any online platform that provided compensation to the individual's parent or parents in exchange for that video content. 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.
LRB103 28386 SPS 54766 b
A BILL FOR
SB1782 LRB103 28386 SPS 54766 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Child Labor Law is amended by changing
Sections 0.5 and 1 and by adding Sections 2.6 and 12.6 as
follows:
(820 ILCS 205/0.5)
Sec. 0.5. Definitions. As used in this Act:
"District Superintendent of Schools" means an individual
employed by a board of education in accordance with Section
10-21.4 of the School Code and shall also include the chief
executive officer of a school district in a city with over
500,000 inhabitants.
"Duly authorized agent" means an individual who has been
designated by a Regional or District Superintendent of Schools
as their agent for the limited purpose of issuing employment
certificates to minors under the age of 16, and may include
officials of any public school district, charter school, or
any State-recognized, non-public school.
"Online platform" means any public-facing website, web
application, or digital application, including a mobile
application. "Online platform" includes a social network,
advertising network, mobile operating system, search engine,

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

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length of the segment; and
(2) the number of views received per video segment on
any online platform met the online platform's threshold
for the generation of compensation or the vlogger received
actual compensation for video content equal to or greater
than $0.10 per view.
(b) Upon reaching the age of majority, any individual who
was a minor engaged in the work of vlogging as described in
subsection (a) may request the permanent deletion of any video
segment including the likeness, name, or photograph of the
individual from any online platform that provided compensation
to the individual's parent or parents in exchange for that
video content. An online platform must take all reasonable
steps to permanently delete the video segment after it
receives the request from an individual described in this
subsection.
(c) Any contract with an online platform for the exchange
or use of video content that would reasonably be anticipated
to include greater than a de minimis use of a vlogger's minor
child must include notification of the minor child's future
rights as provided in this Section.
(d) Nothing in this Act prohibits a minor from engaging in
the work of vlogging if the minor is compensated as described
in Section 12.6 and the minor's right to privacy is protected
upon maturation as described in subsection (b).

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(820 ILCS 205/12.6 new)
Sec. 12.6. Minor engaged in the work of vlogging; trust
fund.
(a) A vlogger's minor child satisfying the criteria
described in Section 2.6 must be compensated by the vlogger.
The vlogger must:
(1) set aside gross earnings on the video content
including the likeness, name, or photograph of the
vlogger's minor child in a trust account to be preserved
for the benefit of the minor upon reaching the age of
majority, according to the following distribution:
(A) where only one minor child meets the content
threshold described in Section 2.6, the percentage of
total gross earnings on any video segment including
the likeness, name, or photograph of the vlogger's
minor child that is equal to or greater than the
content percentage that includes the minor child as
described in Section 2.6; or
(B) where more than one minor child meets the
content threshold described in Section 2.6 and a video
segment includes more than one of those children, the
additive percentage described in paragraph (A) for all
minor children in any segment must be equally divided
between the children, regardless of differences in
percentage of content provided by the individual
children.

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(b) A trust account required under this Section must
provide, at a minimum, the following:
(1) that the funds in the account shall be available
only to the minor engaged in the work of vlogging;
(2) that the account shall be held by a bank,
corporate fiduciary, or trust company, as those terms are
defined in the Corporate Fiduciary Act;
(3) that the funds in the account shall become
available to the minor engaged in the work of vlogging
upon the minor attaining the age of 18 years or until the
minor is declared emancipated; and
(4) that the account meets the requirements of the
Illinois Uniform Transfers to Minors Act.