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

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-Engrossed.html

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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, performed in Illinois, 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) On an annual basis, the vlogger shall report to the
Department of Labor the following information:
(1) the name and documentary proof of the age of the
minor engaged in the work of vlogging;
(2) the number of vlogs that generated compensation as
described in subsection (a) during the reporting period;
(3) the total number of minutes of the vlogs that the
vlogger received compensation for during the reporting
period;
(4) the total number of minutes each minor was
featured in vlogs during the reporting period;
(5) the total compensation generated from vlogs
featuring a minor during the reporting period; and
(6) the amount deposited into the trust account for
the benefit of the minor engaged in the working of
vlogging, as required by Section 12.6.
(c) If a vlogger fails to report to the Department of Labor
as provided in subsection (b), the minor may commence a civil
action to enforce the provisions of this Section.
(d) The Department of Labor may adopt rules to implement

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this Section.
(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 half of
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

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percentage of content provided by the individual
children.
(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.
(c) If a vlogger knowingly or recklessly violates this
Section, a minor engaged in the work of vlogging may commence
an action to enforce the provisions of this Section regarding
the trust account. The court may award, to a minor who prevails
in any action brought in accordance with this Section, the
following damages:
(1) actual damages;
(2) punitive damages; and
(3) the costs of the action, including attorney's fees
and litigation costs.
(d) This Section does not affect a right or remedy

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available under any other law of the State.
(e) Nothing in this Section shall be interpreted to have
any effect on a party that is neither the vlogger, the minor
engaged in the work of vlogging, nor the Department of Labor.
Section 99. Effective date. This Act takes effect January
1, 2024.