SB1782 103RD GENERAL ASSEMBLY

LRB103 28386 SPS 54766 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1782

Introduced 2/9/2023, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

820 ILCS 205/0.5
820 ILCS 205/2.6 new
820 ILCS 205/12.6 new

Amends the Child Labor Law. Provides that upon reaching the age of majority, any individual who was a minor engaged in the work of vlogging may request the permanent deletion of any video segment including the likeness, name, or photograph of the individual from any online platform that provided compensation to the individual's parent or parents in exchange for that video content. Provides that a vlogger who features a minor child in a specified amount of the volgger's content shared on an online platform must set aside a specified amount of gross earnings on the video content in a trust account to be preserved for the benefit of the minor upon reaching the age of majority. Provides for the requirements of the trust account. Defines terms.

A BILL FOR

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, 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 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 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) Upon reaching the age of majority, any individual who was a minor engaged in the work of vlogging as described in subsection (a) may request the permanent deletion of any video segment including the likeness, name, or photograph of the individual from any online platform that provided compensation to the individual's parent or parents in exchange for that video content. An online platform must take all reasonable steps to permanently delete the video segment after it receives the request from an individual described in this subsection.

(c) Any contract with an online platform for the exchange or use of video content that would reasonably be anticipated to include greater than a de minimis use of a vlogger's minor child must include notification of the minor child's future rights as provided in this Section.

(d) Nothing in this Act prohibits a minor from engaging in the work of vlogging if the minor is compensated as described in Section 12.6 and the minor's right to privacy is protected upon maturation as described in subsection (b).

(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 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 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.