Public Act 103-0556
 
SB1782 EnrolledLRB103 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 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. 
    "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 
    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 
    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 
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 
    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.
  
 

    Section 99. Effective date. This Act takes effect July 1, 
2024.

Effective Date:  7/1/2024