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

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-Enrolled.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 9 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.
"Family" means a group of persons related by blood or
marriage, including civil partnerships, or whose close
relationship with each other is considered equivalent to a
family relationship by the individuals.

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"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,
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. "Vlogger" does not include any person under
the age of 16 who produces his or her own vlogs.
(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

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likeness, name, or photograph of the minor. Content
percentage is measured by the percentage of time the
likeness, name, or photograph of the minor visually
appears or is the subject of an oral narrative in a video
segment, as compared to the total 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) With the exception of Section 12.6, the provisions of
this Act do not apply to a minor engaged in the work of
vlogging.
(c) All vloggers whose content features a minor under the
age of 16 engaged in the work of vlogging shall maintain the
following records and shall provide them to the minor on an
ongoing basis:
(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

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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.
(d) If a vlogger whose vlog content features minors under
the age of 16 engaged in the work of vlogging fails to maintain
the records as provided in subsection (c), the minor may
commence a civil action to enforce the provisions of this
Section.
(820 ILCS 205/9) (from Ch. 48, par. 31.9)
Sec. 9. Except in occupations specifically exempted by
Sections Section 2 and 2.6, and occupations in connection with
agriculture, no minor under 16 years of age shall be employed,
permitted or allowed to work in any gainful occupation unless
the person, firm, or corporation employing such minor procures
and keeps on file an employment certificate.
(Source: P.A. 84-551.)
(820 ILCS 205/12.6 new)
Sec. 12.6. Minor engaged in the work of vlogging; trust
fund.
(a) A minor satisfying the criteria described in
subsection (a) of Section 2.6 must be compensated by the

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vlogger. The vlogger must set aside gross earnings on the
video content including the likeness, name, or photograph of
the minor in a trust account to be preserved for the benefit of
the minor upon reaching the age of majority, according to the
following distribution:
(1) where only one minor 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 minor that is equal to or
greater than half of the content percentage that includes
the minor as described in Section 2.6; or
(2) where more than one minor meets the content
threshold described in Section 2.6 and a video segment
includes more than one of those minors, the percentage
described in paragraph (1) for all minors in any segment
must be equally divided between the minors, regardless of
differences in percentage of content provided by the
individual minors.
(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

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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 satisfying the criteria described in
subsection (a) of Section 2.6 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
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 nor the minor
engaged in the work of vlogging.