SB 1782

Abstract

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. Senate Floor Amendment No. 1 Removes language permitting any minor engaged in the work of vlogging to request the permanent deletion of any video segment that includes the minor's likeness, name, or photograph from any online platform that provided compensation to the minor's parent in exchange for the video content. Removes language requiring contracts between a vlogger and an online platform for the use of video that features the vlogger's minor child to include notification of the minor's future rights. Removes a provision permitting a minor to engage in the work of vlogging if the minor is compensated and the minor's privacy rights are protected. Instead sets forth certain information a vlogger is required to annually report to the Department of Labor, including, but not limited to: (i) the name and documentary proof of the age of the minor engaged in the work of vlogging; (ii) the number of vlogs that generated compensation during the reporting period; and (iii) the total number of minutes each minor was featured in vlogs during the reporting period. Provides that the minor may commence a civil action if a vlogger fails to report the required information. Provides that if a vlogger knowingly or recklessly violates certain provisions that require a vlogger to set aside a minor's earnings from video content in an established trust account, the minor may commence an action to enforce those provisions and, if the minor prevails, the court may award the minor actual damages, punitive damages, and the costs of the action. Makes other changes. Makes the bill effective January 1, 2024. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Provides that the definition of "vlogger" does not include any person under the age of 16 who produces his or her own vlogs. Defines "family". Changes references from "vlogger's minor child" to "minor child". Makes other changes. Effective July 1, 2024. House Floor Amendment No. 3 Adds reference to: 820 ILCS 205/9 from Ch. 48, par. 31.9 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Child Labor Law. Changes references from "minor child" to "minor". Makes conforming changes in provisions concerning exempt occupations. Removes a rulemaking provision. Effective July 1, 2024.