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| Public Act 103-0556
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| SB1782 Enrolled | LRB103 28386 SPS 54766 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(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.
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"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.)
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(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.
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(820 ILCS 205/9) (from Ch. 48, par. 31.9)
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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.
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(Source: P.A. 84-551.)
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(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.
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