Bill Text: IL SB1784 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Child Labor Law. 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-09 - Referred to Assignments [SB1784 Detail]

Download: Illinois-2023-SB1784-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1784 Introduced 2/9/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
820 ILCS 205/12.6 new
Amends the Child Labor Law. 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.
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A BILL FOR
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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 adding
Section 12.6 as follows:
(820 ILCS 205/12.6 new)
Sec. 12.6. Minor featured in vlogs; trust fund.
(a) In this Section:
"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.
"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. "Vlogger" includes any
proprietorship, partnership, company, or other corporate
entity assuming the name or identity of a particular
individual or family for the purpose of that content creation.
(b) 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:

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(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.
(c) A vlogger's minor child satisfying the criteria
described in subsection (b) 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 subsection (b), 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

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content percentage that includes the minor child as
described in subsection (b); or
(B) where more than one minor child meets the
content threshold described in subsection (b) 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.
(d) 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.