Illinois General Assembly - Full Text of SB1784
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Full Text of SB1784  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Linda Holmes


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.

LRB103 28321 SPS 54700 b





SB1784LRB103 28321 SPS 54700 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Child Labor Law is amended by adding
5Section 12.6 as follows:
6    (820 ILCS 205/12.6 new)
7    Sec. 12.6. Minor featured in vlogs; trust fund.
8    (a) In this Section:
9    "Online platform" means any public-facing website, web
10application, or digital application, including a mobile
11application. "Online platform" includes a social network,
12advertising network, mobile operating system, search engine,
13email service, or Internet access service.
14    "Vlog" means content shared on an online platform in
15exchange for compensation.
16    "Vlogger" means an individual or family that creates video
17content in exchange for compensation. "Vlogger" includes any
18proprietorship, partnership, company, or other corporate
19entity assuming the name or identity of a particular
20individual or family for the purpose of that content creation.
21    (b) A minor under the age of 16 is considered engaged in
22the work of vlogging when the following criteria are met at any
23time during the previous 12-month period:



SB1784- 2 -LRB103 28321 SPS 54700 b

1        (1) at least 30% of the vlogger's compensated video
2    content produced within a 30-day period included the
3    likeness, name, or photograph of the vlogger's minor
4    child. Content percentage is measured by the percentage of
5    time the likeness, name, or photograph of the vlogger's
6    minor child visually appears or is the subject of an oral
7    narrative in a video segment, as compared to the total
8    length of the segment; and
9        (2) the number of views received per video segment on
10    any online platform met the online platform's threshold
11    for the generation of compensation or the vlogger received
12    actual compensation for video content equal to or greater
13    than $0.10 per view.
14    (c) A vlogger's minor child satisfying the criteria
15described in subsection (b) must be compensated by the
16vlogger. The vlogger must:
17        (1) set aside gross earnings on the video content
18    including the likeness, name, or photograph of the
19    vlogger's minor child in a trust account to be preserved
20    for the benefit of the minor upon reaching the age of
21    majority, according to the following distribution:
22            (A) where only one minor child meets the content
23        threshold described in subsection (b), the percentage
24        of total gross earnings on any video segment including
25        the likeness, name, or photograph of the vlogger's
26        minor child that is equal to or greater than the



SB1784- 3 -LRB103 28321 SPS 54700 b

1        content percentage that includes the minor child as
2        described in subsection (b); or
3            (B) where more than one minor child meets the
4        content threshold described in subsection (b) and a
5        video segment includes more than one of those
6        children, the additive percentage described in
7        paragraph (A) for all minor children in any segment
8        must be equally divided between the children,
9        regardless of differences in percentage of content
10        provided by the individual children.
11    (d) A trust account required under this Section must
12provide, at a minimum, the following:
13        (1) that the funds in the account shall be available
14    only to the minor engaged in the work of vlogging;
15        (2) that the account shall be held by a bank,
16    corporate fiduciary, or trust company, as those terms are
17    defined in the Corporate Fiduciary Act;
18        (3) that the funds in the account shall become
19    available to the minor engaged in the work of vlogging
20    upon the minor attaining the age of 18 years or until the
21    minor is declared emancipated; and
22        (4) that the account meets the requirements of the
23    Illinois Uniform Transfers to Minors Act.