Bill Text: IL SB1782 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Child Labor Law is amended by changing | ||||||
5 | Sections 0.5 and 9 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 | ||||||
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 | "Family" means a group of persons related by blood or | ||||||
21 | marriage, including civil partnerships, or whose close | ||||||
22 | relationship with each other is considered equivalent to a | ||||||
23 | family relationship by the individuals. |
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1 | "Online platform" means any public-facing website, web | ||||||
2 | application, or digital application, including a mobile | ||||||
3 | application. "Online platform" includes a social network, | ||||||
4 | advertising network, mobile operating system, search engine, | ||||||
5 | email service, or Internet access service. | ||||||
6 | "Regional Superintendent of Schools" means the chief | ||||||
7 | administrative officer of an educational service region | ||||||
8 | pursuant to Section 3A-2 of the School Code.
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9 | "Vlog" means content shared on an online platform in | ||||||
10 | exchange for compensation. | ||||||
11 | "Vlogger" means an individual or family that creates video | ||||||
12 | content, performed in Illinois, in exchange for compensation, | ||||||
13 | and includes any proprietorship, partnership, company, or | ||||||
14 | other corporate entity assuming the name or identity of a | ||||||
15 | particular individual or family for the purposes of that | ||||||
16 | content creation. "Vlogger" does not include any person under | ||||||
17 | the age of 16 who produces his or her own vlogs. | ||||||
18 | (Source: P.A. 102-32, eff. 6-25-21.)
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19 | (820 ILCS 205/2.6 new) | ||||||
20 | Sec. 2.6. Minors featured in vlogs. | ||||||
21 | (a) 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: | ||||||
24 | (1) at least 30% of the vlogger's compensated video | ||||||
25 | content produced within a 30-day period included the |
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1 | likeness, name, or photograph of the minor. Content | ||||||
2 | percentage is measured by the percentage of time the | ||||||
3 | likeness, name, or photograph of the minor visually | ||||||
4 | appears or is the subject of an oral narrative in a video | ||||||
5 | segment, as compared to the total length of the segment; | ||||||
6 | and | ||||||
7 | (2) the number of views received per video segment on | ||||||
8 | any online platform met the online platform's threshold | ||||||
9 | for the generation of compensation or the vlogger received | ||||||
10 | actual compensation for video content equal to or greater | ||||||
11 | than $0.10 per view. | ||||||
12 | (b) With the exception of Section 12.6, the provisions of | ||||||
13 | this Act do not apply to a minor engaged in the work of | ||||||
14 | vlogging. | ||||||
15 | (c) All vloggers whose content features a minor under the | ||||||
16 | age of 16 engaged in the work of vlogging shall maintain the | ||||||
17 | following records and shall provide them to the minor on an | ||||||
18 | ongoing basis: | ||||||
19 | (1) the name and documentary proof of the age of the | ||||||
20 | minor engaged in the work of vlogging; | ||||||
21 | (2) the number of vlogs that generated compensation as | ||||||
22 | described in subsection (a) during the reporting period; | ||||||
23 | (3) the total number of minutes of the vlogs that the | ||||||
24 | vlogger received compensation for during the reporting | ||||||
25 | period; | ||||||
26 | (4) the total number of minutes each minor was |
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1 | featured in vlogs during the reporting period; | ||||||
2 | (5) the total compensation generated from vlogs | ||||||
3 | featuring a minor during the reporting period; and | ||||||
4 | (6) the amount deposited into the trust account for | ||||||
5 | the benefit of the minor engaged in the working of | ||||||
6 | vlogging, as required by Section 12.6. | ||||||
7 | (d) If a vlogger whose vlog content features minors under | ||||||
8 | the age of 16 engaged in the work of vlogging fails to maintain | ||||||
9 | the records as provided in subsection (c), the minor may | ||||||
10 | commence a civil action to enforce the provisions of this | ||||||
11 | Section.
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12 | (820 ILCS 205/9) (from Ch. 48, par. 31.9)
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13 | Sec. 9.
Except in occupations specifically exempted by | ||||||
14 | Sections Section 2 and 2.6, and
occupations in connection with | ||||||
15 | agriculture, no minor under 16 years of age shall be employed, | ||||||
16 | permitted or
allowed to work in any gainful occupation unless | ||||||
17 | the person, firm , or
corporation employing such minor procures | ||||||
18 | and keeps on file an employment
certificate.
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19 | (Source: P.A. 84-551.)
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20 | (820 ILCS 205/12.6 new) | ||||||
21 | Sec. 12.6. Minor engaged in the work of vlogging; trust | ||||||
22 | fund. | ||||||
23 | (a) A minor satisfying the criteria described in | ||||||
24 | subsection (a) of Section 2.6 must be compensated by the |
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1 | vlogger. The vlogger must set aside gross earnings on the | ||||||
2 | video content including the likeness, name, or photograph of | ||||||
3 | the minor in a trust account to be preserved for the benefit of | ||||||
4 | the minor upon reaching the age of majority, according to the | ||||||
5 | following distribution: | ||||||
6 | (1) where only one minor meets the content threshold | ||||||
7 | described in Section 2.6, the percentage of total gross | ||||||
8 | earnings on any video segment including the likeness, | ||||||
9 | name, or photograph of the minor that is equal to or | ||||||
10 | greater than half of the content percentage that includes | ||||||
11 | the minor as described in Section 2.6; or | ||||||
12 | (2) where more than one minor meets the content | ||||||
13 | threshold described in Section 2.6 and a video segment | ||||||
14 | includes more than one of those minors, the percentage | ||||||
15 | described in paragraph (1) for all minors in any segment | ||||||
16 | must be equally divided between the minors, regardless of | ||||||
17 | differences in percentage of content provided by the | ||||||
18 | individual minors. | ||||||
19 | (b) A trust account required under this Section must | ||||||
20 | provide, at a minimum, the following: | ||||||
21 | (1) that the funds in the account shall be available | ||||||
22 | only to the minor engaged in the work of vlogging; | ||||||
23 | (2) that the account shall be held by a bank, | ||||||
24 | corporate fiduciary, or trust company, as those terms are | ||||||
25 | defined in the Corporate Fiduciary Act; | ||||||
26 | (3) that the funds in the account shall become |
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1 | available to the minor engaged in the work of vlogging | ||||||
2 | upon the minor attaining the age of 18 years or until the | ||||||
3 | minor is declared emancipated; and | ||||||
4 | (4) that the account meets the requirements of the | ||||||
5 | Illinois Uniform Transfers to Minors Act. | ||||||
6 | (c) If a vlogger knowingly or recklessly violates this | ||||||
7 | Section, a minor satisfying the criteria described in | ||||||
8 | subsection (a) of Section 2.6 may commence an action to | ||||||
9 | enforce the provisions of this Section regarding the trust | ||||||
10 | account. The court may award, to a minor who prevails in any | ||||||
11 | action brought in accordance with this Section, the following | ||||||
12 | damages: | ||||||
13 | (1) actual damages; | ||||||
14 | (2) punitive damages; and | ||||||
15 | (3) the costs of the action, including attorney's fees | ||||||
16 | and litigation costs. | ||||||
17 | (d) This Section does not affect a right or remedy | ||||||
18 | available under any other law of the State. | ||||||
19 | (e) Nothing in this Section shall be interpreted to have | ||||||
20 | any effect on a party that is neither the vlogger nor the minor | ||||||
21 | engaged in the work of vlogging.
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